May 21, 2012

A regular meeting of the City Council was held on Monday, May 21, 2012, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Pro Tem Wazbinski presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present:	Thomas Adams, J. Dee Brooks, Diane Brown, Marty Wazbinski
Councilmen absent:	Maureen Donker

MINUTES

Approval of the minutes of the May 7, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Adams. (Motion ADOPTED.)

RECOGNITION OF MCTV’s TEAM OF SPORTS VOLUNTEERS

MCTV Director Ron Beacom presented information on the induction of the MCTV team of sports volunteers into the Midland County Sports Hall of Fame. The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing MCTV’s team of sports volunteers for their induction into the Midland County Sports Hall of Fame on May 12, 2012. (Motion ADOPTED.) Mayor Pro Tem Wazbinski presented MCTV Volunteer Joe Harper with the proclamation of recognition.

PUBLIC COMMENTS

No public comments were made.

2012-13 BUDGET

Assistant City Manager for Financial Services Dave Keenan presented for adoption the City Manager’s Proposed 2012-13 Budget. The following resolution was then offered by Councilman Brown and seconded by Councilman Brooks:

WHEREAS, a public hearing on the 2012-2013 budget was held on Monday, May 7, 2012, at 7:00 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 15 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all taxes paid after the 15th day of September; and

WHEREAS, MCL 211.44 permits local property tax collecting units to add to taxes collected after February 14 and before March 1, four percent (4%) for late charges and additional fees; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,201,777,715 plus $201,655,272 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED, that the budget of the City of Midland for the fiscal year beginning July 1, 2012 and ending June 30, 2013 is hereby determined and adopted as follows:

; and

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 12.18 mills for operations, .23 mills for storm water operations, 1.00 mills for library operations, 1.09 mills for public safety pension, and 0.29 mills for general obligation debt, a total of 14.79 mills, on the taxable value of the various classes of property in the City of Midland on the 2012 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the taxable value of the various classes of property on the 2012 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the summer and winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies, and processing taxes under review and appeal; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after the legal due dates of September 15 and February 14 (or the next business day if those dates fall on a holiday or weekend) a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee; and

RESOLVED FURTHER, that for the City’s fiscal year ending June 30, 2012, the General Fund’s fund balance shall include $1,816,281 as a Committed Fund Balance for Future Year Expenditures, shall include $1,500,000 as a Committed Fund Balance for Contingencies, and shall include an amount to be determined by the City’s Assistant City Manager for Financial Services as Assigned Fund Balance for Encumbrances; and

RESOLVED FURTHER, that the Assistant City Manager for Financial Services shall be authorized to encumber into the 2012-2013 budgets and financial working plans of the various City funds items requested by staff provided that: 1) there is sufficient remaining budget in 2011-2012, 2) each item has previous City Council budgetary approval to be spent for the purpose for which it is being requested to be encumbered, 3) the intent to spend the funds for the purpose in which it was originally approved still exists, and 4) periodic costs, such as supplies and other charges which get budgeted for each year are deemed to be non-recurring or necessary to offset unexpected adverse conditions in the upcoming year; and

RESOLVED FURTHER, that the Assistant City Manager for Financial Services is directed to provide an explanation of amounts encumbered, by fund, to City Council in the quarterly financial report for the period ending September 30, 2012. (Motion ADOPTED.)

MEMORANDUM OF UNDERSTANDING – ROAD MILLAGE ALLOCATION

City Engineer Brian McManus presented information on a Memorandum of Understanding for Road Millage Allocation. Dick McCreadie, 601 S. Saginaw Road, spoke regarding the road millage proposal. The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

WHEREAS, the City Engineer has presented a report that indicates the need for additional funding to keep the City’s street system condition in good repair; and

WHEREAS, on May 15, 2012 the Midland County Board of Commissioners approved road millage proposal language to place separate proposals for a one mill road millage renewal and a one mill road millage increase on the August 7, 2012 primary election; and

WHEREAS, the Midland County Board of Commissioners approval was subject to City Council approval of the “Memorandum of Understanding-Road Millage Allocation” that provides for millage increase proceeds to be based on a population split as opposed to a taxable value split; and

WHEREAS, past City Councils have authorized the city administration to produce and distribute an informational brochure on previous road millage ballot proposals; and

RESOLVED, that City Council hereby authorizes the City Manager to sign the “Memorandum of Understanding-Road Millage Allocation” that agrees to place a one mill Road Millage renewal and a one mill Road Millage increase on the August 7, 2012 Primary Election and that said one mill increase provides for proceeds to be based on a population split on entities involved; and

RESOLVED FURTHER, that the city administration is hereby authorized and instructed to prepare and distribute an informational brochure regarding the road millage proposal on the August 7, 2012 Primary Election ballot, and the Assistant City Manager for Financial Services is hereby authorized to invoice the Midland County Road Commission for its share of the brochure expenses. (Motion ADOPTED.)

CENTRAL PARK BAND SHELL RENAMING

Public Services Director Karen Murphy presented information on a recommendation to rename the Central Park band shell. Jim Huber, Chemical City Band Director, spoke in favor of the name change proposal. The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

WHEREAS, the Parks and Recreation Commission has, at the request of Chemical City Band’s board of directors, recommended renaming the band shell at Central Park; and

WHEREAS, both Mr. Ted Nicholson and Mr. Lawrence Guenther were early leaders of the Chemical City Band; and

WHEREAS, both gentlemen were instrumental in developing the band and orchestra programs at the Midland Public Schools; and

WHEREAS, the proposed name also reflects the community nature of the newly restored band shell to invite additional usage of the facility; now therefore

RESOLVED, that the band shell in Central Park is hereby renamed the Nicholson-Guenther Community Band Shell. (Motion ADOPTED.)

RIDE-4-RYAN EVENT

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

RESOLVED, that the request from Sarah Schmiedeknecht, seeking permission to hold a Ride-4-Ryan 5K run/16 mile ride fundraiser event on Saturday, June 16, 2012, utilizing the Rail Trail, is hereby approved subject to the following conditions:

• Use of the Rail Trail is non-exclusive and there may be other people utilizing the area.
• Participants must obey all applicable traffic laws if crossing city streets.
• Organizer must provide volunteers to assist with safe road crossing at Cook and Dublin.
• The flag pole area is not available as there will be a softball tournament going on and flags will already be in place.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

MICHIGAN ROUNDBALL – 3 ON 3 BASKETBALL TOURNAMENT

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

RESOLVED, that the request from Michigan Roundball, LLC to conduct a 3 on 3 basketball event Friday and Saturday, June 22 and 23, 2012, in downtown Midland, utilizing amplified sound and the public right-of-way, including street closures from 5 p.m. Friday to 9 p.m. Saturday, is hereby approved subject to the following conditions:

• Provide a certificate of liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Certificate Holder and as an Additional Insured, to the City Manager’s office by June 8.
• Larkin Street, between Ashman and Rodd, may be used for the event from 5 p.m. Friday, June 22 to 9 p.m. Saturday, June 23.
• The areas adjacent to any doorway used for egress from a building shall be kept clear of obstructions.
• An area of at least a three (3) foot radius shall be kept around all fire hydrants and connections to sprinkler/standpipe connections.
• Barricades at the various intersections shall be easily moveable to facilitate passage of emergency vehicles.
• A $50 event inspection fee is required from the Fire Department. Contact Fire Chief Chris Coughlin at 989-837-3411.
• Signage for the event may be placed in the right-of-way on Ashman and Larkin. Signs must not inhibit sight visibility for vehicles.
• The event will be periodically monitored by on-duty patrol officers.
• Organizer is required to supply port-a-johns and shall not block the right-of-way or sidewalks.
• The Parks and Recreation Department will provide additional trash receptacles.
• The Department of Public Services will provide barricades per Engineering Department traffic control order.
• Electricity is not available on Larkin. Rodd and Ashman may have some outlets available for use. Organizer needs to field verify if those locations will work or supply their own power.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion ADOPTED.)

2011 ANNUAL DRINKING WATER QUALITY REPORT

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

RESOLVED, that the 2011 Annual Drinking Water Quality Report be received and filed in the office of the City Clerk. (Motion ADOPTED.)

2012 LOCAL STREET RECONSTRUCTION; CONTRACT NO. 8

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of Chestnut Hill Drive, Sweetbrier Terrace, Hanover Street and Highbrook Drive from Sweetbrier to Hanover; and

WHEREAS, funding for this project is provided by the Local Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Saginaw Asphalt Paving Company of Saginaw, Michigan, for the "2012 Local Street Reconstruction, Contract No. 8", in the indicated amount of $296,000.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000. (Motion ADOPTED.)

WATER FITTINGS PURCHASE

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, sealed bids for Bid No. 3424, Water Service Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, staff considers the low total bid received from ETNA Supply Company of Grand Rapids, to be acceptable, and recommends award for inventory purchases of water fittings; and

WHEREAS, purchases of water service fittings will be made in the 2012/13 fiscal year Water Fund Inventory Account #591.13.031; now therefore

RESOLVED, that a purchase order is hereby authorized to ETNA Supply Company, in an amount not to exceed $38,784.15; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve changes modifying the purchase order in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)

RESIDUALS TO LAND APPLICATION – WATER TREATMENT PLANT

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, the City of Midland Water Treatment Plant produces water softening residuals that must be disposed of in a manner acceptable to the Michigan Department of Environmental Quality; and

WHEREAS, on April 17, 2012 sealed bids were received and opened for Bid No. 3417, Water Treatment Residuals to Land Application, in accord with Section 2-18 of the Midland Code of Ordinances for a 12-month period beginning July 1, 2012, including options for two extensions of one year each; and

WHEREAS, funding has been budgeted for this purpose in the 2012/13 Water Fund account #591.8165.81.092 - Sludge Hauling; now therefore

RESOLVED, that the low sealed bid submitted by BioTech Agronomics of Benzonia, Michigan, for the indicated price per cubic yard of $12.95 for up to 5,000 cubic yards for a 12-month period, is hereby accepted and a purchase order in an amount not exceed $64,750.00 is authorized; and

RESOLVED FURTHER, that upon mutual agreement of up to two 12-month extensions of the bid, a purchase order is hereby authorized for each extension in an amount not exceed $64,750.00; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to each annual purchase order in an aggregate amount not to exceed $10,000.00. (Motion ADOPTED.)

ENGINEERING SERVICES FOR RAW WATER PUMP UPGRADE

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, the Midland Water Treatment Plant is undertaking a project to maintain system reliability by replacing one raw water pump drive and evaluating two additional pumps, at the raw water pumping station located at the water plant; and

WHEREAS, the engineering design and bid services required are to provide construction drawings, bid specifications and other essential documents for the project through the bid phase; and

WHEREAS, on April 17, 2012 sealed proposals using a two-envelope process were received for Bid No. 3415, Design and Bid Services for the Water Treatment Plant Raw Water Pump Upgrade to VFD and Evaluation of Two Additional Pumps in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the evaluation of the seven bid packages (Envelope 1) resulted in three of the seven meeting the minimum criterion rating; and

WHEREAS, the second envelope contained the pricing for each the three remaining bidders and were opened by the City's Purchasing Agent, with Fishbeck, Thompson, Carr & Huber of Grand Rapids, Michigan providing the lowest bid price of $38,987.00; and

WHEREAS, funding has been provided for this purpose in 2012 Water Fund Account #591.9010.97.002 – Capital Outlay Construction; now therefore

RESOLVED, that the low bid proposal submitted by Fishbeck, Thompson, Carr & Huber is hereby accepted and a purchase order is authorized in an amount not to exceed $38,987.00; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)

ANNUAL PURCHASE OF FERRIC CHLORIDE

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, the City of Midland Water and Wastewater Treatment Plants, along with the West Bay County Wastewater and Bay City Wastewater Treatment Plants, jointly purchase Ferric Chloride (FeCl₃) in order to achieve the lowest possible price; and

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Ferric Chloride (FeCl₃), Bid No. 3414, for a period of one year beginning July 1, 2012, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the lone bid unit price of $423.00 per ton for the purchase and delivery of Ferric Chloride was offered by PVS Technologies, Inc. of Detroit for up to 500 tons (250 each for the Water and Wastewater Treatment Plants) of Ferric Chloride; and

WHEREAS, purchase of Ferric Chloride will be made from the Water Fund Inventory account #591.13.030 and in Wastewater Fund Chemicals Operating Account #590.8142.76.056; now therefore

RESOLVED, the unit price of $423.00 per ton of Ferric Chloride is hereby accepted, and authorization is granted for the issuance of purchase orders to PVS Technologies, Inc. of Detroit, one each for the Water and Wastewater Treatment Plants, in amounts not to exceed $105,750.00 (250 tons x $423.00), for a period of one year beginning July 1, 2012; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes in an aggregate amount not to exceed $5,000.00 for each purchase order. (Motion ADOPTED.)

ANNUAL PURCHASE OF CALCIUM OXIDE

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, the City of Midland and Bay Metro Water Treatment Plants, and Bay City Wastewater Plant, jointly purchase Calcium Oxide (CaO or Lime) in order to achieve the lowest possible price; and

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Calcium Oxide (CaO or Lime), Bid No. 3414, for a period of one year beginning July 1, 2012, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, purchases of Calcium Oxide will be made in the Water Fund Inventory Account #591.13.030; now therefore

RESOLVED, that the low bid unit price of $134.00 per ton offered by Western Lime of West Bend, WI, for the purchase and delivery of up to 1,200 tons of Calcium Oxide, is hereby accepted in the best interest of the City, and authorization is granted for the issuance of a purchase order in an amount not to exceed $160,800.00 (1,200 tons x $134.00), for a period of one year beginning July 1, 2012; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00. (Motion ADOPTED.)

ANNUAL PURCHASE OF HYDROFLUOSILICIC ACID

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, sealed bids for the contract of Water Treatment Chemicals - Hydrofluosilicic Acid (H₂SiF₆), Bid No. 3414, for a period of one year beginning July 1, 2012, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, purchases of Hydrofluosilicic Acid will be made in the 2012/13 fiscal year Water Fund Inventory Account #591.13.030; now therefore

RESOLVED, that the low bid unit price of $521.00 per ton offered by Mosaic Corp of Lithia, FL for the purchase and delivery of up to 92 tons of Hydrofluosilicic Acid, is hereby accepted in the best interest of the City, and authorization is granted for the issuance of a purchase order in an amount not to exceed $47,932.00 (92 tons x $521.00), for a period of one year beginning July 1, 2012; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)

PUMP REPLACEMENT – EAST ASHMAN PUMP STATION

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, the East Ashman Pump Station, located on East Ashman Street, east of Waldo Avenue, has been identified as one of the City’s critical stations, as it does not have the capability to overflow to other areas like some stations, which is problematic when the pumps stop working from time-to-time due to blockage; and

WHEREAS, on May 8, 2012, bids were received for Bid No. 3423, Pump Replacement, in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid received from Kennedy Industries of Milford provided one Flygt NP3202-460 submersible pump in the amount of $25,818.00, and meets city specifications; and

WHEREAS, funding has been budgeted for the purpose of pump replacement in the 2011/12 Wastewater Fund, Account #590.9120.97.025 – Capital Equipment; now therefore

RESOLVED, that the low bid price offered by Kennedy Industries for the purchase of one Flygt NP3202-460 submersible pump for the East Ashman Pump Station, is hereby accepted in the best interest of the City, and authorization is granted for the issuance of a purchase order in an amount not to exceed $25,818.00. (Motion ADOPTED.)

IFT TRANSFER FROM EVERGREEN SOLAR INC. TO MAX ERA, INC.

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

RESOLVED, that an application dated and received May 3, 2012 from Max Era, Inc., with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for the transfer of industrial facilities exemption certificate No. 2008-326 from Evergreen Solar, Inc., within the Eastwick Industrial Park Industrial Development District relating to the transfer of an existing certificate as a result of Evergreen Solar, Inc., selling its property to Max Era, Inc. on November 11, 2011 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, June 11, 2012 at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)

IFT TRANSFER FROM AEGIS ENVIRONMENTS, INC. TO CPD RIDGEWOOD, LLC

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

RESOLVED, that an application dated and received May 15, 2012 from CPD Ridgewood, LLC, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for the transfer of industrial facilities exemption certificate No. 2003-591 from Aegis Environments, Inc., within the Eagleridge Industrial Development District No. 1 relating to the transfer of an existing certificate as a result of Locker-White Properties, LLC selling its property to CPD Ridgewood, LLC, on April 30, 2012 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, June 11, 2012 at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)

2012 DUBLIN STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the improvement of a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

DUBLIN AVENUE from Saginaw Road to 1000 feet south

; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the construction of said street, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

“2012 DUBLIN STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

DUBLIN AVENUE from Saginaw Road to 1000 feet south

The East 175 feet of the North 907.5 feet of Section 12, T. 14 N., R. 1 E., City of Midland, Michigan; ALSO;

The West 200 feet of the Northwest ¼ of the Northwest ¼ of Section 7, T. 14 N., R. 2 E., City of Midland, Michigan, lying North of the South line of the Rail-Trail parcel; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of excavating or filling to grade, installing curb & gutter, aggregate base, storm sewers, drainage structures and an all weather surface, and that the total estimated cost and expense thereof is two hundred two thousand dollars ($202,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be one hundred eighty-nine thousand eight hundred seventeen and 60/100 dollars ($189,817.60) and that all other costs and expenses of said improvement amounting to twelve thousand one hundred eighty-two and 40/100 dollars ($12,182.40) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, June 11, 2012 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the addresses of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962. (Motion ADOPTED.)

2012 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

The following resolution was offered by Councilman Brown and seconded by Councilman Adams:

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a sanitary sewer in a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

DUBLIN AVENUE from Saginaw Road to 800 feet South

; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said sanitary sewer, as before listed, appears to be a necessary public improvement conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

“2012 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

DUBLIN AVENUE from Saginaw Road to 800 feet South

The East 175 feet of the North 907.5 feet of Section 12, T. 14 N., R. 1 E., City of Midland, Michigan; ALSO;

The West 200 feet of the Northwest ¼ of the Northwest ¼ of Section 7, T. 14 N., R. 2 E., City of Midland, Michigan, except the South 456 feet thereof; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a sanitary sewer and that the total estimated cost and expense thereof is one hundred fifty-three thousand dollars ($153,000.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be one hundred fourteen thousand three hundred eighty and 25/100 dollars ($114,380.25) and that all other costs and expenses of said improvement amounting to thirty-eight thousand six hundred nineteen and 75/100 dollars ($38,619.75) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, June 11, 2012 at 7:00 p.m., then and there to hear any support, objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962. (Motion ADOPTED.)

Being no further business the meeting adjourned at 8:05 p.m.

______________________________________

Selina Tisdale, City Clerk