June 11, 2012
A regular meeting of the City Council was held on Monday, June 11, 2012,
at 7:00 p.m. in the Council Chambers of City Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was
recited in unison.
|
Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown, Maureen
Donker, Marty Wazbinski |
|
Councilmen absent: |
None |
Approval of the minutes of the May 21, 2012 regular meeting was offered
by Councilman Brown and seconded by Councilman Brooks. (Motion ADOPTED.)
Communications Coordinator Libby Richart introduced Kevin Martin,
President of the Midland Amateur Radio Club.
The following resolution was offered by Councilman Adams and seconded by
Councilman Wazbinski:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of June 17 – 23, 2012, as Amateur Radio Week in Midland. (Motion ADOPTED.) Mayor Donker presented Kevin Martin with the proclamation.
City Assessor Reid Duford presented information on a request from CPD Ridgewood, LLC to transfer Industrial Facilities Exemption Certificate No. 2003-591 from Aegis Environments, Inc., located within the Eagleridge Industrial Development District No. 1. A public hearing opened at 7:10 p.m. Terri Huebner, representing CPD Ridgewood, spoke in favor of the transfer request. Carol Miller, Midland Tomorrow, spoke in support of the transfer. The public hearing closed at 7:12 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:
WHEREAS, Aegis Environments, Inc., was issued Industrial Facilities Exemption Certificate No. 2003-591 which has a real property component of $1,287,171 and a personal property component of $221,051; and
WHEREAS, the Aegis Environments, Inc., Industrial Facilities Exemption Certificate No. 2003-591 is located within the Eagleridge Industrial Development District No.1, established May 20, 2002; and
WHEREAS, CPD Ridgewood, LLC has requested the City Council to approve a transfer of certificate No. 2003-591 from Aegis Environments, Inc., to CPD Ridgewood, LLC, as a result of the April 30, 2012, sale of the property located at 2205 Ridgewood, Midland, Michigan; and
WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on June 11, 2012, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and
WHEREAS, the City Council of the City of Midland approved the transfer of Industrial Facilities Exemption Certificate No. 2003-591 from Aegis Environments, Inc., to CPD Ridgewood, LLC at the public hearing held on June 11, 2012 for the remaining years left on the certificate that is due to expire December 30, 2016, located at 2205 Ridgewood, Midland, Michigan, within the Eagleridge Industrial Development District No. 1, established May 20, 2002; and
WHEREAS, the
aggregate SEV of real and personal property exempt from ad valorem taxes within
the City of Midland, after granting this certificate, will exceed 5% of an
amount equal to the sum of the SEV of the unit, plus the SEV of personal and
real property thus exempted; now therefore
RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the transfer of the industrial facilities exemption certificate requested by CPD Ridgewood, LLC, considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force under PA 198 of 1974, as amended and PA 225 of 1978, as amended shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and
RESOLVED FURTHER, that said application for a transfer of an industrial facilities exemption certificate to CPD Ridgewood, LLC, for a new facility approval within the Eagleridge Industrial Development District No. 1, be and the same is hereby approved for the remaining years with an ending date of December 30, 2016; and that the City Council of the City of Midland does hereby request the State Tax Commission to issue a transfer of certificate No. 2003-591 to CPD Ridgewood, LLC as a result of Locker-White Properties, LLC selling its property to CPD Ridgewood, LLC, on April 30, 2012. (Motion ADOPTED.)
City Engineer Brian McManus presented information on the 2012 Dublin
Street Improvement project and a resolution accepting the Special Assessment
Roll for the 2012 Dublin Street Improvement Special Assessment District and
setting a public hearing on the roll for June 25, 2012. A public hearing of necessity opened at 7:30
p.m. Tim Lyons, 300 Heckala,
spoke in favor of the street improvement.
Lyn Field, 4512 Dublin, requested a 20-year payment period. The public hearing closed at 7:33 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brown:
WHEREAS, the City Council has given due
notice of its intention to improve a certain street, said improvement being
more particularly described in a resolution dated May 21, 2012, said street
being:
DUBLIN
AVENUE from Saginaw Road
to 1000 feet south
and has heretofore established one special assessment district designated:
“2012 DUBLIN STREET IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT”
in conjunction with said improvement and has
heretofore given due notice it would meet on Monday, June 11, 2012, for the
purpose of hearing and considering any objections or suggestions on the
necessity of the proposed improvement; and
WHEREAS, the City Council has met pursuant
to said notice on said day at the time specified in said notice and has heard
and considered all objections and suggestions to the proposed improvement; now
therefore
RESOLVED, that the Council finds and
determines that the improvement of Dublin Avenue is a necessary public
improvement, conducive to the public health and general welfare of the people
of the City of Midland, and that the Council proceed forthwith to make said
improvement in accordance with the report of the City Manager, and the
assessment district heretofore adopted for the same; and
RESOLVED FURTHER, that the detailed estimate
of cost of said improvement is hereby approved in the amount of two hundred two
thousand dollars ($202,000.00) and the proportion of the cost and expense to be
borne and paid 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
assessment on all lands and premises in said “2012 Dublin Street Improvement
Special Assessment District” heretofore established and approved; and
RESOLVED FURTHER, that the City Assessor of
said City be and hereby is directed to prepare and report to the City Council a
special assessment roll for the:
“2012 DUBLIN STREET IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT”
as heretofore established by the Council,
and to assess and levy upon the several lots and premises in said district said
sums of money in proportion to the estimated benefits resulting thereto from
said improvements, computed as near as practicable on a front foot basis. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, pursuant to the direction of the City Council, the City
Assessor of said City of Midland has prepared and reported to the City Council
the Assessment Roll covering and containing the proposed Special Assessments
assessed and levied, respectively in the “2012 DUBLIN STREET IMPROVEMENT
SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Street
Improvement in said district, as designated in Resolutions heretofore adopted
by the City Council; now therefore
RESOLVED, that the said Roll be accepted by the City Council and that it
be filed in the office of the City Clerk for public examination, and that the
City Clerk be and is hereby directed to give notice pursuant to the Ordinance
that the Assessment Roll has been made and filed in the office of the City
Clerk for public examination and that the City Council of the City of Midland
will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock
p.m., on the twenty-fifth day of June, 2012, to review said Special Assessment
Roll at which time and place, opportunity will be given to all persons
interested to be heard; and
RESOLVED FURTHER, that the City Clerk give notice of said hearing by
causing a copy of this Resolution to be published once in the Midland Daily
News at least ten days prior to the date of the twenty-fifth day of June, 2012,
and that the City Clerk also give notice of said hearing by letter 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 the Public
Acts of Michigan of 1962. (Motion
ADOPTED.)
City Engineer Brian McManus presented information on the 2012 Dublin
Sanitary Sewer Improvement project and a resolution accepting the Special
Assessment Roll for the 2012 Dublin Sanitary Sewer Improvement Special
Assessment District and setting a public hearing on the roll for June 25,
2012. A public hearing of necessity
opened at 7:20 p.m. Tim Lyons, 300 Heckala Street, spoke in favor of the improvement. The public hearing closed at 7:21 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, the City Council has
given due notice of its intention to install a sanitary sewer in a certain
street, said improvement being more particularly described in a resolution
dated May 21, 2012, said street being:
DUBLIN
AVENUE from Saginaw Road
to 800 feet south
and has heretofore established one special
assessment district designated:
“2012 DUBLIN SANITARY SEWER IMPROVEMENT
SPECIAL ASSESSMENT DISTRICT”
in conjunction with said
improvement and has heretofore given due notice it would meet on Monday, June
11, 2012, for the purpose of hearing and considering any objections or
suggestions on the necessity of the proposed improvement; and
WHEREAS, the City Council has
met pursuant to said notice on said day at the time specified in said notice
and has heard and considered all objections and suggestions to the proposed
improvement; now therefore
RESOLVED,
that the Council finds and determines that the installation of a sanitary sewer
on Dublin Avenue is a necessary public improvement, conducive to the public
health and general welfare of the people of the City of Midland, and that the
Council proceed forthwith to make said improvement in accordance with the
report of the City Manager, and the assessment district heretofore adopted for
the same; and
RESOLVED FURTHER, that the
detailed estimate of cost of said improvement is hereby approved in the amount
of one hundred fifty-three thousand dollars ($153,000.00) and the proportion of
the cost and expense to be borne and paid 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 assessment on all lands and premises in said
2012 Dublin Sanitary Sewer Improvement Special Assessment District heretofore
established and approved; and
RESOLVED FURTHER, that the
City Assessor of said City be and hereby is directed to prepare and report to
the City Council a special assessment roll for the:
“2012 DUBLIN SANITARY SEWER IMPROVEMENT
SPECIAL ASSESSMENT DISTRICT”
as heretofore established by
the Council, and to assess and levy upon the several lots and premises in said
district said sums of money in proportion to the estimated benefits resulting
thereto from said improvement, computed as near as practicable on a front foot
basis. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brooks:
WHEREAS, pursuant to the direction of the City Council, the City
Assessor of said City of Midland has prepared and reported to the City Council
the Assessment Roll covering and containing the proposed Special Assessments
assessed and levied, respectively in the “2012 DUBLIN SANITARY SEWER
IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the
proposed Sanitary Sewer Improvement in said district, as designated in
Resolutions heretofore adopted by the City Council; now therefore
RESOLVED, that the said Roll be accepted by the City Council and that it
be filed in the office of the City Clerk for public examination, and that the
City Clerk be and is hereby directed to give notice pursuant to the Ordinance
that the Assessment Roll has been made and filed in the office of the City
Clerk for public examination and that the City Council of the City of Midland
will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock
p.m., on the twenty-fifth day of June, 2012, to review said Special Assessment
Roll at which time and place, opportunity will be given to all persons
interested to be heard; and
RESOLVED FURTHER, that the City Clerk give notice of said hearing by
causing a copy of this Resolution to be published once in the Midland Daily
News at least ten days prior to the date of the twenty-fifth day of June, 2012,
and that the City Clerk also give notice of said hearing by letter 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 the Public
Acts of Michigan of 1962. (Motion
ADOPTED.)
No public comments were made.
City Attorney James Branson presented information on an ordinance to
amend Section 16-34 of the Midland Code of Ordinances regarding fireworks. Introduction and first reading of the
following ordinance amending Section 16-34. Fireworks was then offered by
Councilman Wazbinski and seconded by Councilman Brown:
AN
ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN BY
AMENDING SECTION 16-34 OF CHAPTER 16 THEREOF.
The
City of Midland Ordains:
Section 1. Section 16-34 is hereby amended to read as
follows:
Sec. 16-34. Fireworks; sale to minors
prohibited; exclusions.
(a) DEFINITIONS.
Consumer
fireworks means fireworks devices that are designed to produce visible
effects by combustion, that are required to comply with the construction,
chemical composition, and labeling regulations promulgated by the United States
consumer product safety commission under 16 CFR parts 1500 and 1507, and that
are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does
not include low-impact fireworks.
Display
fireworks means large fireworks devices that are explosive materials intended
for use in fireworks displays and designed to produce visible or audible
effects by combustion, deflagration, or detonation, as provided in 27 CFR
555.11, 49 CFR 172, and APA standard 87-1, 4.1.
Firework
or fireworks means any composition or device, except for a starting pistol, a
flare gun, or a flare, designated for the purpose of producing a visible or
audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks,
low-impact fireworks, articles pyrotechnic, display fireworks, and special
effects.
Low-impact
fireworks means ground and handheld sparkling devices as that phrase is
defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
Novelties means that term as
defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and
all of the following:
(1)
Toy plastic or paper caps for toy pistols in sheets,
strips, rolls, or individual caps containing not more than .25 of a grain of
explosive content per cap, in packages labeled to indicate the maximum
explosive content per cup.
(2)
Toy pistols, toy cannons, toy canes, toy trick
noisemakers, and toy guns in which toy caps as described in subparagraph (1)
are used, that are constructed so that the hand cannot come in contact with the
cap when in place for the explosion, and that are not designed to break apart
or be separated so as to form a missile by the explosion.
(3)
flitter sparklers in paper tubes not exceeding 1/8
inch in diameter.
(b) Prohibition on use of consumer fireworks.
No person shall ignite, discharge or use
consumer fireworks within the city, except this prohibition shall not preclude
any person from the ignition, discharge, and use of consumer fireworks on the
day preceding, the day of, or the day after a national holiday consistent with
Section 7(2) of Public Act 256 of 2011 AND ALL OTHER APPLICABLE LOCAL, STATE,
OR FEDERAL REGULATIONS. A PERSON SHALL
NOT IGNITE, DISCHARGE, OR USE CONSUMER FIREWORKS ON PUBLIC PROPERTY, SCHOOL
PROPERTY, CHURCH PROPERTY, OR THE PROPERTY OF ANOTHER PERSON WITHOUT THAT
ORGANIZATION’S OR PERSON’S EXPRESS PERMISSION.
(a)(c)
It shall be unlawful for any person, firm, partnership or corporation to
offer for sale, expose for sale, keep with the intent to sell at retail, or
sell at retail to any person who has not yet attained the age of eighteen (18)
years of age any blank cartridge, toy pistol, toy cannon, toy cane or toy gun
in which explosives are used; the type of unmanned balloon which requires fire
underneath to propel the same; firecrackers, torpedoes, skyrockets, Roman
candles, daygo bombs or other fireworks of like
construction; or any fireworks containing any explosive or inflammable compound
or any tablets or other devices commonly used and sold as fireworks, containing
nitrates, chlorates, oxolates, sulfides of lead,
barium, antimony, arsenic, mercury, nitroglycerin, phosphorous or any compound
containing any of the same or other modern explosives.
(b)(d)
Not included within the foregoing prohibition are model rockets and
model rocket engines designed, sold and used for the purpose of propelling
recoverable aero models. Also not included are sparklers containing not more
than one hundred twenty-five ten thousandths (.0125) pounds of burning portion
per sparkler, flitter sparklers in paper tubes not exceeding one-eighth (1/8)
inch in diameter, toy snakes not containing mercury, if packed in cardboard
boxes with not more than twelve (12) pieces per box for retail sale and if the
manufacturer's name and the quantity contained in each box are printed thereon,
toy pistols, toy canes, toy guns or other devices manufactured to utilize paper
and/or plastic caps containing not more than twenty-five hundredths (.25) of a
grain of explosive content per cap, or said paper and/or plastic caps
themselves, the sale of which shall be permitted at all times.
(e) Enforcement.
The fire Chief, his designees and/OR sworn law
enforcement officers are authorized to enforce the provisions of this
ordinance.
(f) Severability.
The various parts, sections and clauses of this
Ordinance are hereby declared to be severable.
If any part, sentence, paragraph, section or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder
of the ordinance shall not be affected.
(g) Repeal.
All regulatory FIREWORKS provisions contained
in other city ordinances which are inconsistent with the provisions of this
ordinance are repealed.
Section 2. This
ordinance shall take effect on .
(Motion ADOPTED. Considered first
reading.)
Utilities Director Noel Bush presented information on ordinances
amending Section 28-52 of Division 3 of Article II of Chapter 28 – Water Rates
and Section 28-163 of Division 3 of Article III of Chapter 28 – Sewer
Rates. The following two ordinance
amendments were then offered for consideration.
Introduction and first reading of the following ordinance amendment was offered by Councilman Adams and seconded by Councilman Brooks:
ORDINANCE NO. _______
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-52 OF DIVISION 3
OF ARTICLE II OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1.
Section 28-52 of Division 3 of Article II of Chapter 28 of the Code of
Ordinances is hereby amended to read as follows:
Sec. 28-52. Filtered water rate generally.
The city's methodology of adjusting water
rates shall be in accordance with the cost of service water and sewer rate
study prepared by the city's consultant, presented to and approved by the
council in 1993 and shall be in conformity with the findings set forth in
section 28-2 of this chapter.
All filtered water bills shall be calculated
according to the following:
(1) For each one thousand (1,000) gallons used
per quarter: $1.25 $1.28
(2) In addition to the rate set forth in this
section for the use of water, there shall be a readiness-to-serve charge per
quarter on each metered service as follows:
|
Metered Service |
|
AMOUNT |
|
5/8" – 3/4” |
|
$34.59 |
|
1" |
|
$44.97 |
|
1- 1/2" |
|
$55.35 |
|
2" |
|
$89.94 |
|
3" |
|
$345.90 |
|
4" |
|
$449.67 |
|
6" |
|
$657.21 |
|
8" |
|
$933.93 |
(3) Gross rates shall be ten (10) percent
greater than the above schedule of rates and shall be charged for water service
paid for after the date shown on the bills.
Section 2. This
ordinance shall take effect July 1, 2012.
(Motion ADOPTED. Considered first
reading.)
Introduction and first reading of the following ordinance amendment was
offered by Councilman Brown and seconded by Councilman Wazbinski:
ORDINANCE NO. _______
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-163 OF DIVISION 3
OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1.
Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of
Ordinances is hereby amended to read as follows:
Sec. 28-163. Amount of sewer charge.
The city's methodology of adjusting sewer
rates shall be in accordance with the cost of service water and sewer rate
study prepared by the city’s consultant, presented to and approved by the
council in 1993 and shall be in conformity with the findings set forth in
Section 28-4 of this chapter.
The charges for sewer service
shall be calculated according to the following schedule:
(1)
There
shall be a readiness-to-serve charge per quarter on each metered water service
as follows:
|
Metered Service |
|
AMOUNT |
|
5/8" – 3/4" |
|
$43.11 |
|
1" |
|
$56.04 |
|
1 – 1/2" |
|
$68.98 |
|
2" |
|
$112.09 |
|
3" |
|
$431.10 |
|
4" |
|
$560.43 |
|
6" |
|
$819.09 |
|
8" |
|
$1,163.97 |
(2)
In
addition to the readiness-to-serve charge set forth in subsection (1) of this
section, there will be an additional charge for sewer service, which will be
calculated as follows:
For each 1,000 gallons of water
used per quarter: $1.96 $2.04
However, bills for sewer services for two
(2) summer quarters for domestic customers, schools and churches shall be based
on the average consumption during two (2) winter quarters. In cases where there
is no previous consumption upon which to base bills for sewer services in the
summer quarters, twenty-five thousand (25,000) gallons or actual consumption,
whichever is the least, shall be used.
Section 2. This
ordinance shall take effect July 1, 2012.
(Motion ADOPTED. Considered first
reading.)
Assistant City Manager for Financial Services David Keenan presented a
resolution approving the refunding of the Limited Tax General Obligation Bonds,
Series 2004, dated September 1, 2004 through a negotiated sales with Chemical Bank. The following resolution was then offered by
Councilman Wazbinski and seconded by Councilman Brown:
City
of Midland
Counties of Midland and Bay
State of Michigan
RESOLUTION
AUTHORIZING ISSUANCE AND SALE OF
LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012
A RESOLUTION TO
APPROVE:
·
Net
Present Value Savings through issuing Bonds to refund the
Limited Tax General Obligation Bonds, Series 2004;
·
Bonds
to be a First Budget Obligation secured by pledge of
City’s Full Faith and Credit;
·
Escrow
Fund to provide for payment of the prior bonds being refunded;
·
Appointment
of Public Financial Management, Inc. as Financial Consultant;
·
Sale of
Bonds to Chemical Bank by Private Placement;
·
Assistant
City Manager for Financial Services
to sell bonds without further Council action;
·
Other
matters necessary to sell and deliver the bonds.
WHEREAS, the City of
Midland, Counties of Midland and Bay, State of Michigan (the “City”) has
previously issued its Limited Tax General Obligation Bonds, Series 2004, dated
as of September 1, 2004 in the original aggregate principal amount of
$6,500,000 (the “Prior Bonds”) for the purpose of financing acquisition and
construction of certain capital improvement items consisting of a civic arena
together with related appurtenances and attachments; and
WHEREAS, the City’s
financial consultant, Public Financial Management, Inc. (the “Financial
Consultant”), has advised the City that it may be able to accomplish a net
savings of debt service costs by refunding all or a portion of the outstanding
Prior Bonds through the issuance of refunding bonds; and
WHEREAS, the Revised
Municipal Finance Act, Act 34, Public Acts of Michigan, 2001, as amended (“Act
34”) permits the City to issue refunding bonds for the purpose of refunding all
or part of the funded indebtedness of the City if the refunding would result in
net present value savings; and
WHEREAS, City Council
determines that if the City is able to accomplish a net savings of debt service
costs, then it is in the best interest of the City to refund all or a portion
of the outstanding Prior Bonds; and
WHEREAS, the City has
received a proposal from Chemical Bank to purchase the refunding bonds; and
WHEREAS, Act 34
permits the City to authorize, within limitations which shall be contained in the
authorization resolution of the governing body, an officer to sell and deliver
and receive payment for obligations; and
WHEREAS, the City
Council wishes to authorize the Assistant City Manager for Financial Services
(the “Authorized Officer”) to sell and deliver and receive payment for the
proposed issue of refunding bonds without the necessity of the City Council
taking further action prior to sale and delivery of the bonds.
NOW, THEREFORE, BE IT
RESOLVED THAT:
1. If, upon the advice of the Financial Consultant,
refunding all or a portion of the Prior Bonds would accomplish net present
value savings of debt service costs to the City of at least 3.00% after payment
of costs of issuance, then bonds of the City designated as the LIMITED TAX
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 (the “Bonds”) shall be issued
in the aggregate principal amount of not-to-exceed Four Million Seven Hundred
Thousand ($4,700,000) for the purpose of refunding all or a portion of the
Prior Bonds including payment of legal, financial and other expenses incident
thereto. If the Bonds are sold or
delivered after December 31, 2012 then the Authorized Officer may change the
word “2012” in the designated name of the Bonds to the year in which the Bonds
will be sold or delivered.
The Bonds shall
consist of bonds in fully-registered form of the denomination of $5,000 or
integral multiples of $5,000 not exceeding for each maturity the maximum
principal amount of such maturity, dated as of the date of delivery thereof or
such other date as may be determined by the Authorized Officer at the time of
sale of the Bonds, and numbered as determined by the Transfer Agent (as
hereinafter defined). The Bonds shall
mature as serial bonds or term bonds on the dates and in the amounts as shall
be determined by the Authorized Officer at the time of sale of the Bonds.
The Authorized
Officer is hereby authorized to appoint a bond registrar, paying agent and
transfer agent (the “Transfer Agent”) for the Bonds. The Authorized Officer is hereby authorized
to execute one or more agreements with the Transfer Agent on behalf of the
City. The City reserves the right to
replace the Transfer Agent at any time, provided written notice of such
replacement is given to the registered owners of record of the Bonds not less
than sixty (60) days prior to an interest payment date.
The Bonds may be
issued in book-entry only form through The Depository Trust Company in New
York, New York (“DTC”) and the Authorized Officer is authorized to execute such
custodial or other agreement with DTC as may be necessary to accomplish the
issuance of the Bonds in book-entry only form, and to make such changes in the
form of the Bonds within the parameters of this Resolution as may be required
to accomplish the foregoing.
The Bonds shall bear
interest at a rate or rates to be determined by the Authorized Officer at the
time of sale of the Bonds, payable on November 1, 2012 or such other initial
interest payment date as shall be determined at the time of sale of the Bonds,
and semi‑annually thereafter on May 1st and November 1st of each
year, by check or draft drawn on the Transfer Agent mailed to the registered
owner at the registered address, as shown on the registration books of the City
maintained by the Transfer Agent.
Interest shall be payable to the registered owner of record as of the
fifteenth day of the month prior to the payment date for each interest
payment. The record date of
determination of the registered owner for purposes of payment of interest as
provided in this paragraph may be changed by the City to conform to market
practice in the future. The principal of
the Bonds shall be payable at the corporate trust office of the Transfer Agent
upon presentation and surrender of the appropriate bond. Notwithstanding the foregoing, if the Bonds
are held in book-entry form by DTC, payment shall be made in the manner
prescribed by DTC.
The Bonds shall be
subject to mandatory or optional redemption prior to maturity at the times and
prices determined by the Authorized Officer at the time of sale. In the event that any of the Bonds shall be
issued as term bonds, the mandatory redemption requirements for such term bonds
shall be specified at the time of sale.
Unless waived by any registered owner of bonds to be redeemed, official
notice of redemption shall be given by the Transfer Agent on behalf of the City
and shall conform to the requirements set forth in the Bond. Such notice shall be dated and shall contain
at a minimum the following information: original issue date; maturity dates;
interest rates; CUSIP numbers, if any; certificate numbers (and in the case of
partial redemption) the called amounts of each certificate; the redemption
date; the redemption price or premium; the place where bonds called for
redemption are to be surrendered for payment; and that interest on bonds or
portions thereof called for redemption shall cease to accrue from and after the
redemption date. In addition, further
notice shall be given by the Transfer Agent in such manner as may be required
or suggested by regulations or market practice at the applicable time, but no
defect in such further notice nor any failure to give all or any portion of
such further notice shall in any manner defeat the effectiveness of a call for
redemption if notice thereof is given as prescribed herein.
The Transfer Agent
shall keep the books of registration for this issue on behalf of the City. Any Bond may be transferred upon such
registration books by the registered owner of record, in person or by the
registered owner’s duly authorized attorney, upon surrender of the Bond for
cancellation, accompanied by delivery of a duly executed written instrument of
transfer in a form approved by the Transfer Agent. Whenever any Bond or Bonds shall be
surrendered for transfer, the City shall execute and the Transfer Agent shall
authenticate and deliver a new Bond or Bonds, for like aggregate principal
amount. The Transfer Agent shall require
the payment by the bondholder requesting the transfer of any tax or other
governmental charge required to be paid with respect to the transfer.
2. The Bonds shall be executed in the name
of the City with the manual or facsimile signatures of the Mayor and the City
Clerk, and the corporate seal of the City shall be manually impressed or a facsimile
thereof shall be printed on the Bonds.
No Bond authorized under this Resolution shall be valid until
authenticated by an authorized representative of the Transfer Agent unless the
purchaser of the Bonds does not require the Bonds to be authenticated. If the Bonds are not authenticated, then at
least one signature on the Bonds shall be a manual signature. If Bonds are not issued in book-entry form
then executed blank bonds for registration and issuance to transferees may
simultaneously, and from time to time thereafter as necessary, be delivered to
the Transfer Agent for safekeeping. The
Bonds shall be delivered to the Transfer Agent for authentication and be
delivered by the Transfer Agent to the purchaser in accordance with
instructions from the Authorized Officer or his designee upon payment of the
purchase price for the Bonds.
3. The Bonds shall be in substantially the
following form with such revisions, additions and deletions as may be advisable
or necessary to conform with the final terms of the Bonds established upon sale
thereof:
United
States of America
State of Michigan
Counties of Midland and Bay
CITY OF MIDLAND
LIMITED TAX GENERAL OBLIGATION REFUNDING
BOND, SERIES 2012
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The CITY OF MIDLAND,
Counties of Midland and Bay, State of Michigan (the “City”), acknowledges
itself to owe and for value received, hereby promises to pay to the Registered
Owner specified above, or registered assigns, the Principal Amount specified
above, in lawful money of the United States of America, on the Date of Maturity
specified above, unless prepaid prior thereto as hereinafter provided, with
interest thereon (computed on the basis of a 360-day year consisting of twelve
30-day months) from the Date of Original Issue specified above or such later
date to which interest has been paid, until paid, at the Interest Rate per
annum specified above, first payable on November 1, 2012 and semiannually
thereafter. Principal of this bond is
payable upon presentation and surrender hereof at the principal corporate trust
office of [transfer agent], Michigan, or such other transfer agent as the City
may hereafter designate by notice mailed to the registered owner of record not
less than sixty (60) days prior to any interest payment date (the “Transfer
Agent”). Interest on this bond is
payable by check or draft mailed by the Transfer Agent to the person or entity
who or which is as of the fifteenth (15th) day of the month prior to each
interest payment date, the registered owner of record, at the registered
address.
This bond is one of a
series of bonds of even Date of Original Issue aggregating the principal sum of
[principal] issued under and in pursuance of the provisions of Act 34, Public
Acts of Michigan, 2001, as amended, and a resolution of the City Council
adopted on [date], for the purpose of refunding bonds previously issued by the
City in order to pay costs to acquire and construct capital improvements for
use by the City.
The limited tax full
faith, credit and resources of the City are pledged for the payment of the
bonds of this issue, and the City has pledged that it shall pay the principal
of and interest on the bonds of this issue as they mature as a first budget
obligation from its general fund and, after taking into account funds which the
City may have legally available for payment of principal of and interest on the
bonds of this issue, shall levy annually ad valorem taxes on all taxable
property in the City sufficient to pay the principal of and interest on the
bonds of this issue subject to applicable constitutional, statutory and charter
tax rate limitations.
Bonds of this issue
maturing on or prior to [date] are not subject to redemption prior to maturity.
Bonds or portions of
bonds in multiples of $5,000 of this issue maturing on or after [date] shall be
subject to redemption prior to maturity without a premium, at the option of the
City, in such order as the City shall determine and within any maturity by lot,
on any date on or after [date], at par plus accrued interest to the date fixed
for redemption.
[MANDATORY
REDEMPTION]
[The bonds of this
issue maturing [date] and [date] (the “Term Bonds”) are subject to mandatory
sinking fund redemption by lot prior to maturity on [date], in the years and
amounts set forth below, at a price equal to 100% of the principal amount to be
redeemed, plus accrued interest to the date of redemption.]
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Principal Amounts |
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Redemption Dates |
Principal Amounts |
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[amount] |
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[amount] |
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[The principal amount
of Term Bonds to be redeemed on the dates set forth above shall be reduced, in
the order determined by the City, by the principal amount of Term Bonds of the
same maturity which have been previously redeemed (other than as a result of a
previous mandatory redemption requirement), or purchased or acquired by the
City and delivered to the Transfer Agent for cancellation; provided, that each
such Term Bond has not previously been applied as a credit against any
mandatory redemption obligation.]
In case less than the
full amount of an outstanding bond is called for redemption, the Transfer Agent
upon presentation of the bond called in part for redemption shall register,
authenticate and deliver to the registered owner a new bond of the same
maturity and in the principal amount of the portion of the original bond not
called for redemption.
Notice of redemption
shall be given to each registered owner of bonds or portions thereof to be
redeemed by mailing such notice not less than thirty (30) days prior to the
date fixed for redemption to the registered owner at the address of the
registered owner as shown on the registration books of the City. Bonds shall be called for redemption in
multiples of $5,000, and bonds of denominations of more than $5,000 shall be
treated as representing the number of bonds obtained by dividing the
denomination of the bonds by $5,000, and such bonds may be redeemed in
part. The notice of redemption for bonds
redeemed in part shall state that, upon surrender of the bond to be redeemed, a
new bond or bonds in the same aggregate principal amount equal to the
unredeemed portion of the bonds surrendered shall be issued to the registered
owner thereof with the same interest rate and maturity. No further interest on bonds or portions of
bonds called for redemption shall accrue after the date fixed for redemption,
whether the bonds have been presented for redemption or not, provided funds are
on hand with the Transfer Agent to redeem the bonds or portion thereof.
Any bond may be
transferred by the person in whose name it is registered, in person or by the
registered owner’s duly authorized attorney or legal representative, upon
surrender of the bond to the Transfer Agent for cancellation, together with a
duly executed written instrument of transfer in a form approved by the Transfer
Agent. Whenever the bond is surrendered
for transfer, the Transfer Agent shall authenticate and deliver a new bond in
the principal amount equal to the unredeemed portion of the bond. The Transfer Agent shall require the bondholder
requesting the transfer to pay any tax or other governmental charge required to
be paid with respect to the transfer.
The Transfer Agent shall not be required to issue, register the transfer
of, or exchange any bond during a period beginning at the opening of business
15 days before the day of the mailing of a notice of redemption of bonds
selected for redemption and ending at the close of business on the day of that
mailing.
It is hereby
certified and recited that all acts, conditions and things required to be done,
exist and happen, precedent to and in the issuance of this bond and the series
of bonds of which this is one, in order to make them valid and binding
obligations of the City have been done, exist and have happened in regular and
due form and time as provided by law, and that the total indebtedness of the
City, including this bond and the series of bonds of which this is one, does
not exceed any constitutional, statutory or charter debt limitation.
This bond is not
valid or obligatory for any purpose until the Transfer Agent’s Certificate of
Authentication on this bond has been executed by the Transfer Agent.
IN WITNESS WHEREOF,
the City, by its City Council, has caused this bond to be signed in the name of
the City by [the facsimile signatures of] its Mayor and Clerk, and a facsimile
of its corporate seal to be [manually impressed/printed] hereon, all as of the
Date of Original Issue.
CITY
OF MIDLAND
By
[Mayor to sign Bond
]
(Seal) Mayor
Countersigned:
By [City Clerk to sign Bond ]
City
Clerk
[INSERT STANDARD
FORM OF CERTIFICATE OF AUTHENTICATION]
[INSERT STANDARD
FORM OF ASSIGNMENT]
4. The Authorized Officer shall designate
a bank or trust company to serve as escrow trustee (the “Escrow Agent”). In order to secure payment of the Prior Bonds
being refunded, the City will enter into an Escrow Agreement (the “Escrow
Agreement”) with the Escrow Agent which shall provide for the creation of an
escrow fund for deposit of proceeds of the Bonds and other monies to provide
for the payment of the principal of and interest on the Prior Bonds being
refunded (the “Escrow Fund”). The Escrow
Agreement shall irrevocably direct the Escrow Agent to hold the Escrow Fund in
trust for the payment of the principal of and interest on the Prior Bonds being
refunded, and to take all necessary steps to call for redemption of any Prior
Bonds specified by the Authorized Officer upon sale of the Bonds, including
publication and mailing of redemption notices, on any date specified by the
City on which the Prior Bonds may be called for redemption. The Authorized Officer is hereby authorized
to execute and deliver the Escrow Agreement and to purchase, or cause to be
purchased, escrow securities, including, but not limited to, United States
Treasury Obligations – State and Local Government Series (SLGS), in an amount
sufficient to fund the Escrow Fund.
The Authorized
Officer is hereby authorized to transfer monies from the debt retirement fund
for the Prior Bonds to the Escrow Fund to be invested as provided in the Escrow
Agreement and to be used to pay principal and interest on the Prior Bonds being
refunded. The amount to be transferred
under this section shall be an amount which will enable the interest on the
Bonds and the Prior Bonds to be, or continue to be, excluded from gross income
for federal income tax purposes as determined by bond counsel.
5. The City Treasurer is authorized and
directed to open a separate depository or trust account with a bank or trust
company to be designated as the CITY OF MIDLAND –LIMITED TAX GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2012 DEBT RETIREMENT FUND (the “Debt Retirement Fund”).
An amount sufficient to assure timely payment of the principal of and interest
on the Bonds shall be transferred each year from the general fund of the City
or other funds legally available therefor into the Debt Retirement Fund. The
moneys to be deposited into the Debt Retirement Fund will be specifically
earmarked and used solely for the purpose of paying principal of and interest
on the Bonds. Accrued interest and
premium received upon delivery of the Bonds shall also be deposited in the Debt
Retirement Fund as provided below.
In the event cash, or
direct obligations of the United States, or obligations the principal of and
interest on which are guaranteed by the United States, or a combination
thereof, the principal of and interest on which, without reinvestment, come due
at times and in amounts sufficient to pay at maturity or irrevocable call for
earlier redemption, the principal of, premium, if any, and interest on the
Bonds, shall be deposited in trust, this resolution shall be defeased and the
owners of the Bonds shall have no further rights under this resolution except
to receive payment of the principal of, premium, if any, and interest of the
Bonds from the cash or securities deposited in trust and the interest and gains
thereon and to transfer and exchange Bonds as provided herein.
The Debt Retirement
Fund may be pooled or combined with other debt retirement funds for issues of
bonds of like character as provided by Act 34, Public Acts of Michigan, 2001,
as amended, or other state law.
6. Upon receipt of the proceeds of sale of
the Bonds, the accrued interest and premium, if any, shall be deposited in the
Debt Retirement Fund and used to pay interest on the Bonds on the first
interest payment date, provided, however, that at the discretion of the
Authorized Officer, all or a portion of any premium received upon delivery of
the Bonds may be deposited in the Escrow Fund.
There next shall be
deposited to the Escrow Fund from Bond proceeds an amount which, together with
other monies deposited to the Escrow Fund by the City and investment proceeds
to be received thereon, will be sufficient, without reinvestment, to pay the
principal of and interest on the Prior Bonds being refunded at maturity or
prior redemption.
The remaining
proceeds of the Bonds shall be used to pay the costs of issuance of the
Bonds. At the option of the Authorized
Officer, the costs of the issuance may be paid from a fund established for that
purpose in the Escrow Agreement. Any
monies remaining after payment of costs of issuance and costs of refunding the
Prior Bonds shall be transferred to the Debt Retirement Fund.
7. The City shall not invest, reinvest or
accumulate any moneys deemed to be proceeds of the Bonds or the Prior Bonds
pursuant to the Internal Revenue Code of 1986, as amended in such a manner as
to cause the Bonds to be “arbitrage bonds” within the meaning of the Internal
Revenue Code. The City hereby covenants
that, to the extent permitted by law, it will take all actions within its
control and that it shall not fail to take any action as may be necessary to
maintain the exclusion of interest on the Bonds from gross income for federal
income tax purposes, including but not limited to, actions relating to the
rebate of arbitrage earnings, if applicable, and the expenditure and investment
of bond proceeds and moneys deemed to be bond proceeds, all as more fully set
forth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by
the City on the date of delivery of the Bonds.
8. The City designates the Bonds as
“qualified tax exempt obligations” for purposes of deduction of interest
expense by financial institutions pursuant to the Internal Revenue Code.
9. Public Financial Management, Inc. is
hereby appointed as Financial Consultant to the City to assist in preparation
and planning for the sale of the Bonds.
10. The City Council hereby determines to
sell the Bonds at a negotiated sale instead of a competitive sale for the
reason that a negotiated sale will permit the City to sell the Bonds on short
notice at a point in time which appears to be most advantageous and thereby
possibly obtain a lower rate of interest on the Bonds and the most favorable
price for purchase of securities to be escrowed for payment of the Prior Bonds
to be refunded.
11. The City hereby requests that Miller,
Canfield, Paddock and Stone, P.L.C.
(“Miller Canfield”) continue to serve as the City’s bond counsel with
respect to the Bonds notwithstanding representation by Miller Canfield in
matters unrelated to the Bonds, of Chemical Bank and affiliated companies, and
financial institutions which might act as Transfer Agent for the Bonds or
Escrow Agent. The City Council acknowledges
that Miller Canfield represents many banks and financial institutions in
connection with matters unrelated to issuance of the Bonds by the City.
12. The Authorized Officer is hereby
authorized, on behalf of the City, subject to the provisions and limitations of
this resolution, to negotiate sale of the Bonds to Chemical Bank or such other
purchaser as the Financial Consultant shall recommend, and to accept an offer
to purchase the Bonds in consultation with the Financial Consultant without
further resolution of this City Council.
This authorization includes, but is not limited to, determination of
original principal amount of the Bonds; the prices at which the Bonds are sold;
the date of the Bonds; the schedule of principal maturities and whether the
Bonds shall mature serially or as term bonds; the provisions for early
redemption including mandatory redemption of term bonds, if any; and the
interest rates and payment dates of the Bonds.
The Authorized Officer is authorized to sign a bond purchase agreement,
certificate of award of sale, acknowledgement of offer to purchase the Bonds,
or other document agreeing to sell the Bonds on behalf of the City. The City Attorney shall review and approve
all related documents prior to being signed by the Authorized Officer.
The Bonds shall not
be sold unless the issuance of the Bonds and the refunding of Prior Bonds
produce net present value savings to the City of at least 3.00% after payment
of costs of issuance. The true interest
cost of the Bonds shall not exceed 4.00%.
The date of the final maturity of the Bonds shall not be later than
2030. In making such determinations the
Authorized Officer is authorized to rely upon data provided by the Financial
Consultant.
The purchaser of the
Bonds will be required to furnish, prior to the delivery of the Bonds, a
certificate in a form acceptable to bond counsel stating that (a) the purchaser
is an investor with experience in the municipal bond market, and is capable of
evaluating the merits and risks of investment in the Bonds, (b) the purchaser
has been provided the opportunity to ask questions of, and receive answers
from, the City concerning the City and the terms and conditions of the Bonds
and to obtain any additional information necessary to verify the accuracy of
the information obtained, and (c) the purchaser is acquiring the Bonds for its
own account and not with a present intention to resell or otherwise distribute
the Bonds.
13. The Authorized Officer is hereby
authorized to select an independent certified public accountant to serve as
verification agent to verify that the securities and cash to be deposited to
the Escrow Fund will be sufficient to provide, at the times and in the amounts
required, sufficient moneys to pay the principal of and interest on the Prior
Bonds being refunded as they become due.
14. In the event that the Authorized Officer
is not available to undertake responsibilities delegated to him under this
Resolution, then the City Manager or an officer of the City designated by the
City Manager or the Authorized Officer is authorized to take such actions. The
officers, administrators, agents and attorneys of the City are authorized and
directed to take all other actions necessary and convenient to facilitate
issuance and sale of the Bonds and expenditure of Bond proceeds, and to execute
and deliver all other agreements, documents and certificates and to take all
other actions necessary or convenient to complete the issuance, sale, and
delivery of the Bonds and expenditure of Bond proceeds in accordance with this
Resolution, including appropriation and transfer of Bond proceeds as
appropriate, and payment of costs necessary to accomplish sale and delivery of
the Bonds including but not limited financial consultant fees, transfer agent
fees, escrow agent fees, verification agent fees, bond counsel fees, state
treasury filing fees, and any other costs necessary to accomplish sale and
delivery of the Bonds.
15. All resolutions and parts of resolutions
insofar as they conflict with the provisions of this resolution are hereby
rescinded. (Motion ADOPTED.)
Planning and Community Development Director Brad Kaye presented
information on the tentative and final approval of the Preliminary Plat of
Trotter’s Point, a residential subdivision of 20 lots on 5.89 acres east of
Congress Drive on the south side of East Wheeler Street. The following two resolutions were then
offered for consideration.
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City Council has reviewed the Preliminary Plat of Trotter’s
Pointe; and
WHEREAS,
a recommendation has been received from the City Planning Commission for the
approval of said plat in accord with Section 23-13 of the Code of Ordinances of
the City of Midland; now therefore
RESOLVED, that the City Council hereby gives tentative approval to the
Preliminary Plat of Trotter’s Pointe, contingent upon the following conditions:
1. Access to Lots 1 and 20
are restricted to Trotter’s Pointe Circle.
2. Lot 4 is approved in
excess of the depth-to-width ratio of 2.5 to 1.
3. On-street
parking shall be prohibited on the fire hydrant side of Trotter’s Pointe Circle
and the cost of all on street signs shall be the responsibility of the
proprietor.
4. The
storm water detention system shall be designed and constructed in accordance
with the City of Midland Engineering Department specifications.
5. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
6. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
7. The
location, access and flow of any proposed fire hydrants and water service shall
be designed and constructed in accordance with the City of Midland Fire
Department and City of Midland Utility Department specifications.
8. A
subdivision contract for detention access and maintenance is executed between
the developer and the City.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City Council has reviewed the Preliminary Plat of Trotter’s
Pointe; and
WHEREAS,
a recommendation has been received from the City Planning Commission for the
approval of said plat in accord with Section 23-13 of the Code of Ordinances of
the City of Midland; now therefore
RESOLVED, that the City Council hereby gives
final approval to the Preliminary Plat of Trotter’s Pointe, contingent upon the
following conditions:
1. Access
to Lots 1 and 20 are restricted to Trotter’s Pointe Circle.
2. Lot
4 is approved in excess of the depth-to-width ratio of 2.5 to 1.
3. On-street
parking shall be prohibited on the fire hydrant side of Trotter’s Pointe Circle
and the cost of all on-street signs shall be the responsibility of the
proprietor.
4. The
storm water detention system shall be designed and constructed in accordance
with the City of Midland Engineering Department specifications.
5. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.
6. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
7. The
location, access and flow of any proposed fire hydrants and water service shall
be designed and constructed in accordance with the City of Midland Fire
Department and City of Midland Utility Department specifications.
8. A
subdivision contract for detention access and maintenance is executed between
the developer and the City.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City Council has received the
recommendation of the City
WHEREAS, the City Council has reviewed the
proposed Site Plan No. 312 in accord with the provisions set forth in Sections
27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now
therefore
RESOLVED, that the City Council does hereby
approve Site Plan No. 312, contingent upon the following:
1. Revised
building elevations that include cornices and parapets across the proposed
building roofline shall be provided in compliance with Section 21.04.A.1 of the
Zoning Ordinance. This contingency shall
become null and void should Section 21.04.A.1 be amended by City Council to
permit partial cornices as shown on the current site plan.
2. Specific
building elevations detailing pedestrian entrances shall be submitted for
administrative site plan review.
3. A
minimum of 50% of the ground floor façade area shall be clear windows and
doorways.
4. Outdoor
seating within the public right-of-way shall require review and approval by the
Midland City Council.
5. Individual
awnings shall be subject to administrative site plan review.
6. Street
trees along Ellsworth Street and Poseyville Road
(George Street) shall be required in compliance with Section 21.04.C.1 of the
Zoning Ordinance.
7. An
updated site photometric plan shall be submitted in compliance with Section
3.12 of the Zoning Ordinance.
8. Updated
lighting fixture shall be submitted in compliance with Section 3.12 of the
Zoning Ordinance.
9. The
vertical mast light shall be removed from the final site plans and shall not be
approved.
10. All
on-street parking spaces shall be removed from the final site plans and shall
not be approved.
11. Sidewalk
easements or right-of-way for sidewalks shall be conveyed to the standards of
the City of Midland Engineering Department.
12. Final
fire hydrant locations shall be approved by the City of Midland Fire
Department.
13. Servicing
easements shall be conveyed to the City of Midland in such locations and in
such form as required by the City of Midland Engineering, Water and Wastewater
Departments.
14. Storm
water management methods shall be designed and constructed in accordance with
the City of Midland Engineering Department specifications.
15. All
landscaping shall comply with Article 6 of the Zoning Ordinance.
16. All exterior signage shall comply with Article
8 of the Zoning Ordinance.
17.
A soil & sedimentation control plan is required as the project is in excess
of one acre in size.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by Councilman Brooks:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Midland Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2012; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by Councilman Brooks:
WHEREAS, in accord with Act 333 of the Public Acts
of Michigan of 1982, the Midland County Educational Service Agency has submitted
a request for the City of Midland to collect a summer property tax levy of
school property taxes within the City of Midland for the year 2012; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended,
allows for the collection of taxes and outlines the distribution of collected
taxes; and
WHEREAS, the City of Midland Treasurer has and will continue to collect
taxes under the following conditions: 1) The City of Midland shall retain all
collection fees, administration fees, penalties and interest accrued on
collection of taxes for other taxing entities.
2) Taxes collected by the City of Midland for other units shall be
remitted to the taxing entity in accordance with the General Property Tax Act,
P.A. 206 of 1893 as amended. 3) The City
of Midland agrees that it will not charge the taxing entities for collection of
these taxes; now therefore
RESOLVED, that the City Council hereby approves said request and hereby
authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into
agreements with the applicable taxing entities for collection and distribution
of taxes under the above-stated conditions.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by Councilman Brooks:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay City Public Schools has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2012; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by Councilman Brooks:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, the Bay-Arenac Intermediate School District has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2012; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by Councilman Brooks:
WHEREAS, in accord with Act 333 of the Public Acts of Michigan of 1982, Delta College has submitted a request for the City of Midland to collect a summer property tax levy of school property taxes within the City of Midland for the year 2012; and
WHEREAS, the General Property Tax Act, P.A. 206 of 1893 as amended, allows for the collection of taxes and outlines the distribution of collected taxes; and
WHEREAS, the City of Midland
Treasurer has and will continue to collect taxes under the following
conditions: 1) The City of Midland shall retain all collection fees,
administration fees, penalties and interest accrued on collection of taxes for
other taxing entities. 2) Taxes
collected by the City of
RESOLVED, that the City Council
hereby approves said request and hereby authorizes the City
RESOLVED FURTHER, that the City Treasurer is authorized to enter into agreements with the applicable taxing entities for collection and distribution of taxes under the above-stated conditions. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by Councilman Brooks:
RESOLVED,
that the City Assessor is hereby authorized and instructed to spread upon the
July 2012 tax roll, Special Assessments in the various amounts as indicated
herein:
1996 Street Improvement $ 890.80
2008 Street Improvement
7,378.00
Subtotal Street
Improvement Rolls $ 8,268.80
1996 Sanitary Sewer Improvement $ 733.90
2003 Sanitary Sewer Improvement 14,800.62
2009 Sanitary Sewer Improvement 36,125.95
Subtotal Sanitary Sewer
Improvement Rolls $ 51,660.47
2009 Sidewalk Improvement 7,168.14
Subtotal Sidewalk
Improvement Rolls $ 9,626.34
2011 Downtown Economic Revitalization Roll (SARA) $
36,011.49
Accounts Receivable Roll $ 24,504.32
TOTAL SPECIAL ASSESSMENT ROLL $
130,071.42
; and
RESOLVED FURTHER, that the current accounts receivable listed herein be
transferred to the 2012 General Fund Tax Roll Accounts Receivable. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, The Dow Chemical Company (“Dow”) has proposed to conduct soil sampling and remediation pursuant to the Midland Area Soils Work Plan (“Work Plan”) in an area of the City defined in the Work Plan as the “Resolution Area”;
WHEREAS, Dow sent the City a letter dated March 27, 2012, formally requesting access to thirty-one parcels of property owned by the City and all City-owned or controlled out lawns of properties within the Resolution Area to implement soil sampling, soil removal and property restoration pursuant to the Work Plan; and
WHEREAS, the Michigan Department of Environmental Quality (“MDEQ”) has reviewed and approved the Work Plan with conditions.
RESOLVED, that the City Council grants Dow the following access:
1. City-Owned Property – Soil Sampling, Soil
Removal, and Property Restoration. Dow
is granted access to property owned by the City of Midland for soil sampling,
soil removal, and property restoration conducted under the approved Work Plan
for the parcels of property listed in Attachment 1 to Dow’s March 27, 2012,
letter during the year identified for each City-owned parcel on Attachment
1.
2. City-Owned or Controlled Out Lawns – Soil
Sampling. Dow is granted access to
City-owned or controlled out lawns in the Resolution Area to conduct soil
sampling during the year when that activity is scheduled to be conducted under
the Work Plan if the adjacent private property owner grants Dow access in
writing to conduct soil sampling on the adjacent property.
3. City-Owned or Controlled Out Lawns – Soil
Removal and Property Restoration. Dow is
granted access to City-owned or controlled out lawns in the Resolution Area to
conduct soil removal and property restoration during the year when those
activities are scheduled to be conducted under the Work Plan if the adjacent
private property owner grants Dow access in writing to conduct soil removal and
property restoration on the adjacent property.
RESOLVED
FURTHER, “adjacent property owner” as used in this Resolution means the owner
of the parcel with the same parcel identification number and/or street address
as the City-owned or controlled out lawn.
RESOLVED
FURTHER, the City Manager or his designee has the authority to negotiate and
execute any necessary agreements with Dow consistent with the terms and
conditions of this resolution and any other terms and conditions the City
Manager deems advisable. All agreements
shall, at minimum, require Dow: to
restore the property to the condition it was in or better condition following
the work; to indemnify the City of Midland for all activities conducted
pursuant to the access agreement; and to identify and avoid damage to
underground utilities and other structures by calling “MISS DIG” and taking
other appropriate steps. The City
Manager may designate another City employee to act on his behalf in carrying
out these duties under this Resolution for any time he may be absent from work. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City of Midland is
a constituent member of the Saginaw-Midland Municipal Water Supply Corporation
(the “Corporation”) and has been informed that the Corporation proposes to
refund all or portions of its Water Supply System Refunding Bonds, Series 2002
(Limited Tax General Obligation) and its Water Supply System Revenue Bonds
(Limited Tax General Obligation), Series 2006 (collectively, the “Prior Bonds”)
and issue its Water Supply System Revenue Refunding Bonds (Limited Tax General
Obligation), Series 2012 (the “Refunding Bonds”) to pay the cost of refunding
the Prior Bonds; and
WHEREAS, the refunding of the
Prior Bonds and issuance of the Refunding Bonds will result in interest savings
to the Corporation and lower costs to the City; and
WHEREAS, the Corporation and its
constituent members are required by Act 34 of the Public Acts of Michigan of
2001, as amended, to be qualified to issue municipal securities or to file an
application to issue long-term securities with the Municipal Finance Division
of the Michigan Department of Treasury (“Treasury”), and to further agree to
certain undertakings required by federal securities laws, so as to facilitate
the issuance and sale of the Refunding Bonds to an underwriter or placement
agent.
NOW, THEREFORE, BE IT RESOLVED
THAT:
1. The Assistant City Manager for Financial Services be and is
hereby authorized to execute and file an application to issue long-term
securities in connection with the sale of the Refunding Bonds if required by
Treasury.
2. In order to enable the underwriter of
the Refunding Bonds to comply with the requirements of Rule 15c2-12
promulgated by the Securities and Exchange Commission (“Rule 15c2‑12”),
the City hereby agrees to undertake continuing disclosure as an “obligated
person” pursuant to Rule 15c2-12 to the extent required by
Rule 15c2-12. Pursuant to the terms
of a Continuing Disclosure Undertaking to be prepared and executed by the City
to the extent required by Rule 15c2-12, the City will provide, or cause to
be provided, (i) certain annual financial
information and operating data, including audited financial statements for the
preceding fiscal year, (ii) timely notice of the occurrence of certain material
events with respect to the Refunding Bonds, and (iii) timely notice of a
failure by the City to provide the required annual financial information on or
before the date required in the Continuing Disclosure Undertaking. The Assistant City Manager for Financial
Services shall execute such Continuing Disclosure Undertaking on behalf of the
City in such form as he shall, in consultation with bond counsel, determine to
be appropriate.
3. The Assistant City Manager for
Financial Services is hereby authorized to execute on behalf of the City any
closing document or certificate as may be required by the Corporation or the
purchaser of the Refunding Bonds and to do such other things and sign such
other documents required by the City for the issuance of the Refunding Bonds.
4. Miller, Canfield, Paddock and Stone,
P.L.C. is being retained by the Corporation to act as bond counsel for the
Refunding Bonds. The City consents to
the representation of the Corporation by Miller, Canfield, Paddock and Stone,
P.L.C. as bond counsel, notwithstanding its representation of the City or
prospective purchasers of the Refunding Bonds in unrelated matters.
5. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby are
rescinded. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS,
City Council adopted a resolution on December 17, 2007 that allows the Purchasing
Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding
$20,000, and seek approval for the purchase at the next City Council meeting;
and
WHEREAS,
City Council reviewed the process on December 21, 2009 and decided to continue
as it still provides a significant cost savings to the City; and
WHEREAS,
the volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS,
staff instead uses a competitive bid process whereby fuel vendors fax in prices
that are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED,
that the requirements for sealed proposals for the purchase of fuel are waived
due to the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 13,395 gallons of E10 ethanol blend unleaded fuel
from Karbowski Oil of Bay City, Michigan for $40,604.26 executed by the
Purchasing Agent on May 15, 2012, is hereby approved. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS,
City Council adopted a resolution on December 17, 2007 that allows the
Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel
exceeding $20,000, and seek approval for the purchase at the next City Council
meeting; and
WHEREAS,
City Council reviewed the process on December 21, 2009 and decided to continue
as it still provides a significant cost savings to the City; and
WHEREAS,
the volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS,
staff instead uses a competitive bid process whereby fuel vendors fax in prices
that are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED,
that the requirements for sealed proposals for the purchase of fuel are waived
due to the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 12,800 gallons of regular #2 diesel fuel from
Karbowski Oil of Bay City, Michigan for $38,758.40 executed by the Purchasing
Agent on May 21, 2012, is hereby approved.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS,
sealed proposals have been advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for the Carpet Replacement at
Riverside Place; and
WHEREAS,
funding for this project is provided by the Riverside Place Fund; now therefore
RESOLVED,
that the low sealed proposal submitted by Seely
Group, Lansing, Michigan for the Carpet Replacement at Riverside Place in the
amount of $160,900 is hereby accepted and the Purchasing Agent is authorized to
issue a purchase order; and
RESOLVED
FURTHER, the City Manager is authorized to approve change orders in an
aggregate amount not to exceed $20,000.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS,
bids for grounds maintenance equipment are solicited by the State of Michigan
and the City of Midland is authorized to make purchases from this program; and
WHEREAS,
Bader and Sons of St. Louis, Michigan is a selected vendor for lawn and turf
maintenance equipment on the State of Michigan purchasing program; and
WHEREAS,
Bader and Sons has offered the City a governmental organization price through
the John Deere Company that is less than the State of Michigan contract price
for the purchase of two 72” John Deere mowers to be used by the Parks
department for ball diamond maintenance; and
WHEREAS,
sufficient funding for the purchase of the two mowers is available in the FY
2011/12 Equipment Revolving Fund for Capital Outlay; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase
order to Bader and Sons of St. Louis, Michigan in the amount of $28,000.00 for
the purchase of two 72” John Deere mowers.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, sealed bids were received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for book ordering and book processing services for the Grace A. Dow Memorial Library in July 2002; and
WHEREAS, the proposal submitted by Brodart Company was determined to produce the lowest net cost to the City for the purchasing and processing of books for the library; and
WHEREAS, Brodart Company has agreed to extend the same discounts, terms and conditions of the current contract into fiscal year 2012/2013; now therefore
RESOLVED, that the current contract with Brodart Company for book ordering and processing services for the Grace A. Dow Memorial Library be extended through fiscal year 2012/2013 in an amount not to exceed $200,000 and the necessary purchase order authorized. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
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 of Poseyville Road from the bridge over the Tittabawassee River to the south city limits; and
WHEREAS, funding for this project is provided by the Major Street Fund and an Economic Development Grant from MDOT; now therefore
RESOLVED, that the low sealed proposal submitted by Fisher Contracting, Inc. of Midland, Michigan, for the "2012 Poseyville Road Reconstruction; Contract No. 1", in the indicated amount of $1,122,601.43, based upon City estimated quantities is hereby accepted, pending receipt of the “Notice to Proceed” from MDOT and final review and approval by the City Attorney 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.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS,
the operation and environmental monitoring of the City of Midland Sanitary
Landfill is regulated by the Michigan Department of Environmental Quality-Waste
and Hazardous Materials Division (MDEQ); and
WHEREAS,
the majority of testing is made to groundwater samples drawn from monitoring
wells located throughout the Landfill property to detect potential contaminants
leaching or migrating from the site, while air quality monitoring is done to
detect landfill gas migration through soils; and
WHEREAS, a purchase order in the amount of $20,000.00 was
administratively approved to TriMedia
Environmental & Engineering Services of Marquette, Michigan for the
remainder of this year’s environmental monitoring work; and
WHEREAS, in addition to routine quarterly monitoring, staff requested
support with a specific gas migration compliance issue, requiring the
installation of gas monitoring wells and testing beyond the original scope of
work, which caused a need to increase the current purchase order; and
WHEREAS, funding for environmental monitoring needs is budgeted in the
2011/12 Landfill Account #517.8110.81.004 – Testing; now therefore
RESOLVED, that an increase of $3,000.00 to the existing purchase order
of $20,000.00 to TriMedia Environmental &
Engineering, bringing the total purchase order to $23,000.00 for environmental
monitoring through the fiscal year-end, is
hereby authorized. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, in 1983 a large addition to the Midland Water Treatment Plant was built, and those roofing systems now need to be replaced; and
WHEREAS, on May 29, 2012 sealed bids were received and opened for Bid No. 3426, Water Treatment Plant Roof Replacement; and
WHEREAS, staff has reviewed the bids and believes acceptance of the low total bid price submitted by Andy’s Roofing of Burton, in the amount of $489,703.97 is in the best interest of the City; and
WHEREAS, the City’s long-standing industrial water agreement obligates The Dow Chemical Company and Dow Corning Corporation to share proportionately in the water treatment plant improvements; and
WHEREAS, funding has been budgeted for this purpose in Water Fund Project WP1201 - Plant Roof Evaluation & Replacement, which includes funding commitments in the total amount of $216,516.00 from the City’s two industrial customers; now therefore
RESOLVED,
that the low bid price submitted by Andy’s Roofing of Burton in the amount of
$489,703.97, is hereby accepted and a purchase order is authorized for the roof
replacement of the main plant and several out buildings; and
RESOLVED FURTHER, that the City
Being no further business the meeting adjourned at 8:20 p.m.
______________________________________
Selina Tisdale, City