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

 

MINUTES

Approval of the minutes of the May 21, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

AMATEUR RADIO WEEK

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.

 

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

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.)

 

2012 DUBLIN STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

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.)

 

2012 DUBLIN STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

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.)

 

2012 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

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.)

 

2012 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT ROLL

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

FIREWORKS ORDINANCE

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:

 

ORDINANCE NO. ________

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.)

 

WATER AND SEWER RATES ORDINANCE AMENDMENTS

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.

 

WATER RATES ORDINANCE AMENDMENT (1st reading)

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

AMOUNT

     5/8" – 3/4”

$33.44

$34.59

1"

$43.47

$44.97

1- 1/2"

$53.51

$55.35

2"

$86.95

$89.94

3"

$334.41

$345.90

4"

$434.74

$449.67

6"

$635.38

$657.21

8"

$902.92

$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.)

 

SEWER RATES ORDINANCE AMENDMENT (1st 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

AMOUNT

     5/8" – 3/4"

$40.80

$43.11

1"

$53.04

$56.04

1 – 1/2"

$65.28

$68.98

2"

$106.08

$112.09

3"

$408.00

$431.10

4"

$530.40

$560.43

6"

$775.20

$819.09

8"

$1,101.60

$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.)

 

REFUNDING OF LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2004

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

 

Interest Rate

Date of Maturity

Date of Original Issue

CUSIP

 

 

 

 

Registered Owner:

Principal Amount:

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.]

 

[Term Bonds due [date]  

 

Term Bonds due [date]  

 

 

 

 

 

Redemption Dates

Principal Amounts

 

Redemption Dates

Principal Amounts

[date]

[amount]

 

[date]

[amount]

[date]

[amount]

 

[date]

[amount]

[date] (maturity)

[amount]

 

[date] (maturity)

[amount]

[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.)

 

TROTTER’S POINT SUBDIVISION

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.

 

PRELIMINARY PLAT OF TROTTER’S POINT – TENTATIVE APPROVAL

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.)

 

PRELIMINARY PLAT OF TROTTER’S POINT – FINAL APPROVAL

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.)

 

SITE PLAN NO. 312

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 312, the request of Rowe Professional Services Company on behalf of Midland Downtown Partners, LLC for site plan review and approval of a 224,255 square foot Stadium District Mixed-Use Project located at 215 State Street, 614 and 709 East Larkin Street and 608 East Ellsworth Street on 5.72 acres; and

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.)

 

JULY 2012 TAX LEVY – MIDLAND PUBLIC SCHOOLS

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 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 Treasurer to collect and distribute the 2012 Midland Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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.)

 

JULY 2012 TAX LEVY – MIDLAND COUNTY EDUCATIONAL SERVICE AGENCY

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 Treasurer to collect and distribute the 2012 Midland County Educational Service Agency summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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.)

 


JULY 2012 TAX LEVY – BAY CITY PUBLIC SCHOOLS

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 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 Treasurer to collect and distribute the 2012 Bay City Public Schools summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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.)

 

JULY 2012 TAX LEVY – BAY-ARENAC INTERMEDIATE SCHOOL DISTRICT

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 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 Treasurer to collect and distribute the 2012 Bay-Arenac Intermediate School District summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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.)

 

JULY 2012 TAX LEVY – DELTA COLLEGE

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 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 Treasurer to collect and distribute the 2012 Delta College summer property tax levy in accordance with the General Property Tax Act, P.A. 206 of 1893 as amended; and

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.)

 

JULY 2012 TAX LEVIES

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:

Street Improvement Rolls

             1996 Street Improvement                                                      $       890.80

             2008 Street Improvement                                                           7,378.00         

                        Subtotal Street Improvement Rolls                            $    8,268.80

Sanitary Sewer Improvement Rolls

            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

Sidewalk Improvement Rolls

            2007 Sidewalk Improvement                                                  $     2,458.20

            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.)

 

ACCESS TO CITY PROPERTY FOR SOIL SAMPLING AND REMEDIATION

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.)

 

PROPOSED REFINANCING OF REVENUE BONDS BY THE SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORPORATION

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.)

 

UNLEADED FUEL PURCHASE

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.)

 

DIESEL FUEL PURCHASE

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.)

 

RIVERSIDE PLACE CARPET PURCHASE

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.)

 

JOHN DEERE MOWERS PURCHASE

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.)

 

BOOK ORDERING AND PROCESSING SERVICES CONTRACT

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.)

 

2012 POSEYVILLE ROAD RECONSTRUCTION; CONTRACT NO. 1

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.)

 

PO INCREASE – LANDFILL GROUNDWATER AND AIR QUALITY MONITORING

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.)

 

ROOF REPLACEMENT – WATER TREATMENT PLANT

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 Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:20 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk