August 13, 2012
A regular meeting of the City Council was held on Monday, August 13 , 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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown, Maureen
Donker, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the July 23, 2012 regular meeting was offered
by Councilman Brown and seconded by Councilman Brooks. (Motion ADOPTED.)
Communications Coordinator Libby Richart introduced Kevin Kendrick of
the Midland Area Community Foundation.
The following resolution was offered by Councilman Brooks and seconded
by Councilman Wazbinski:
RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating October 2012 as Cultural Awareness Month in the city of Midland and urging all citizens to celebrate and promote the Midland community’s splendid cultural diversity. (Motion ADOPTED.) Mayor Donker presented Mr. Kendrick with the proclamation.
City Engineer Brian McManus presented information on an amendment to the 2012-13 Major Street Fund budget to fund additional construction costs related to the 2012 Salzburg Road construction project. A public hearing opened at 7:17 p.m. David Paseck, 5109 Drake Street, inquired about the scope of the Salzburg project in relationship to the overall major and local street fund budget. The public hearing closed at 7:18 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:
WHEREAS, in accord with Section 5.11 and 11.6 of the Charter of the City
of Midland, and after having given proper legal notice, and having conducted a
public hearing Monday, August 13, 2012, on the proposal to amend the 2012-13
Major Street Fund budget to increase expenditures by $110,000 to fund
additional construction costs associated with the 2012 Salzburg Road Construction
Project; now therefore
RESOLVED, that the 2012-2013 Major Street Fund budget is hereby amended
to increase expenditures by $110,000 to fund additional construction costs
associated with the 2012 Salzburg Road Construction Project. (Motion ADOPTED.)
No public comments were made.
Midland Civic Arena Director Kenny Benson presented for second reading
and adoption an ordinance amending Section 21-70 of Division 1 of Article II of
Chapter 21 of the Code of Ordinances – Civic Arena Fees. Scott Parish, 929 Balfour, spoke regarding
the proposed fees and ice availability for general skating. The following ordinance amendment was then
offered by Councilman Brooks and seconded by Councilman Brown:
Ordinance No. 1735
An ordinance to amend the Code of Ordinances of
the City of Midland, Michigan, by amending Section 21-70 of Division 1 of
Article II of Chapter 21 thereof.
The City of Midland
Ordains:
Section 1. Section 21-70 of Division 1 of Article II
of Chapter 21 is amended to read as follows:
Sec. 21-70.
Civic Arena Fees
The
fees for use of the Civic Arena and its facilities are as follows:
Rates during the season (September through
May)
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(1) |
Individual Ice Skater –
Adult |
$ 5.00 |
per session |
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(2) |
Individual Ice Skater –
Youth & Senior |
$ 4.00 |
per session |
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(3) |
Skating Pass (20
admissions) – Adult |
$ 85.00 |
per pass |
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(4) |
Skating Pass (20
admissions) – Youth & Senior |
$ 70.00 |
per pass |
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(5) |
Skate Rental |
$ 3.00 |
per session |
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(6) |
Skate Sharpening |
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Hockey |
$ 5.00 |
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Figure/Goalie |
$ 6.00 |
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New/Rusty/Poor Condition |
$ 8.00 |
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(7) |
Drop-In Program |
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Hockey (Noon) |
$ 8.00 |
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Hockey (Prime) |
$ 10.00 |
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Speed Skating |
$ 12.00 |
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Figure Skating |
$ 12.00 |
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(8) |
Conference Room Rental |
$ 15.00 |
per hour |
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(9) (10) |
special events and
programs Hourly ice rental rates: During the months of
September through May |
variable rates |
per event |
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Monday |
Tuesday |
Wednesday |
Thursday |
Friday |
Saturday |
Sunday |
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12
AM to 5 AM |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
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5
AM |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$200.00 |
$200.00 |
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6
AM to 3 PM |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$230.00 |
$230.00 |
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3
PM |
$200.00 |
$200.00 |
$200.00 |
$200.00 |
$200.00 |
$230.00 |
$230.00 |
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4
PM |
$215.00 |
$215.00 |
$215.00 |
$215.00 |
$215.00 |
$230.00 |
$230.00 |
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5
PM to 10 PM |
$230.00 |
$230.00 |
$230.00 |
$230.00 |
$230.00 |
$230.00 |
$230.00 |
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10
PM |
$215.00 |
$215.00 |
$215.00 |
$215.00 |
$230.00 |
$230.00 |
$230.00 |
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11
PM |
$185.00 |
$185.00 |
$185.00 |
$185.00 |
$215.00 |
$215.00 |
$185.00 |
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Based upon availability, prime time rental
at $230.00 per hour can be rented within seven (7) days of expiring at $200.00
per hour.
During the months of June through
August: $195.00 per hour except for
Monday through Friday before 4 PM which is $165.00 per hour.
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(11) |
Hourly non ice rental
rates |
$120.00 |
per hour |
Exception:
The Civic Arena Manager is authorized with the approval of the City
Manager or its designee to adjust rental rates at the Civic Arena for the
purpose of marketing additional rental.
Section 2. This
Ordinance shall take effect on September 1, 2012. (Ordinance ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that Paula Whittington be appointed officer delegate and Ken
Arthur be appointed alternate officer delegate to represent the City of Midland
at the annual meeting of the Municipal Employees Retirement System to be held October
3 through October 5, 2012 in Grand Rapids, Michigan. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that Neil
Rankin is hereby appointed as a citizen-at-large member of the Parks and
Recreation Commission for a term expiring June 30, 2015. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
RESOLVED, that the request from Ben Cohen, Marketing Coordinator of Boychuck State Farm, to conduct an event called Celebrate My Drive on Saturday, September 15, 2012, from 9:00 a.m. – 4:00 p.m., in the grassy area near the Farmers Market area and Tridge, utilizing the public right-of-way, is hereby approved subject to the following conditions:
; and
RESOLVED
FURTHER, that the
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 13,400 gallons of E10 ethanol blend unleaded fuel from
Hirschman Oil of Reese, Michigan for $37,774.60 executed by the Purchasing
Agent on July 20, 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 12,797 gallons of regular #2 diesel fuel from
R.K.A. Petroleum of Romulus, Michigan for $39,381.49 executed by the Purchasing
Agent on August 3, 2012, is hereby approved.
(Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City has undertaken an Emerald Ash Borer Treatment Program in order to save as many of its ash trees as possible and remove those that cannot be feasibly saved; and
WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the removal of stumps; and
WHEREAS, we are satisfied with M & M Stump Removal’s performance in regards to the stumps already removed; and
WHEREAS, sufficient
funding for such expense is available in the Emerald Ash Borer Project; now
therefore
RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order # 2013-00000209 to M & M Stump Removal of Midland, Michigan up to the amount of $40,000 for stump removal. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City’s Water Distribution Department relies on contractors
to make the necessary repairs to damaged property and roads caused either by
main breaks or by the excavations to make the repairs to the mains; and
WHEREAS, annual bids for out lawn repair unit prices are received in
January of each year for a 12-month period ending December 31; and
WHEREAS, a purchase order was administratively approved in the amount of
$20,000.00 to Lang Construction, Inc. of Flint, based on the unit prices
received January 24, 2012; and
WHEREAS, an increase of $130,000.00 to the existing purchase order is
requested to complete the inventory of needed restoration, and for work
anticipated through December 2012; and
WHEREAS, funding has been budgeted for this purpose in the 2012/13 Water
Fund account #591.8285.93.036 – Repairs & Maintenance; now therefore
RESOLVED, that an increase of $130,000.00 to an existing purchase order
of $20,000.00 to Lang Construction is hereby authorized, bringing the total
purchase order to $150,000.00 for out lawn repair work, based on previously bid
unit prices; and
RESOLVED FURTHER, that the
City Manager is authorized to approve changes to the purchase order in an
aggregate amount not to exceed $10,000.00. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City standardized water meters in 1987, selecting Sensus
Metering Systems through competitive bid, thus eliminating the need to
duplicate meter reading equipment; and
WHEREAS, each year, water meters and accessories are bid to provide
inventory for meter replacements, as well as for new services; and
WHEREAS, sealed bids for purchases of Sensus water meters and
accessories, Bid 3445, have been advertised and received in accord with Section
2-18 of the Midland Code of Ordinances; and
WHEREAS, funding for meters and accessories is provided in Water Fund
Inventory Account #591.13.031; now therefore
RESOLVED, that the lone bid submitted by ETNA Supply Company of Grand
Rapids, Michigan is accepted and a purchase order is hereby authorized in an
amount not to exceed $206,350.00 for purchases of meters and accessories for
fiscal year 2012/13, based on estimated units provided by the City. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, all roads used by customer traffic are paved for customer convenience, to minimize dust, and for long term use, except the newer access road to Landfill Cell 16, which is currently connected to pavement by a gravel road; and
WHEREAS, on August 7, 2012 sealed
bids were received and opened for Bid No. 3446, Landfill Road Paving, for the
installation of 600 linear feet of asphalt paving 24 feet wide from the existing
pavement to the Cell 16 entrance, in accord with Sec. 2-18 of the Code of
Ordinances for the City of
WHEREAS, staff has determined that the low bid cost of $34,509.00 submitted by Central Asphalt of Mt. Pleasant meets city specifications; and
WHEREAS, sufficient funds are available in the 2012/13 Landfill account #517.9010.97.002 - Capital Outlay Construction; now therefore
RESOLVED, that the low bid submitted by Central Asphalt is accepted and a purchase order is hereby authorized in an amount not to exceed $34,509.00 for asphalt paving at the Landfill; and
RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00 to complete additional road repairs as needed. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the Water Treatment Plant (WTP) has over 100,000 square feet of
floor space that is cleaned and maintained, including open and treatment areas
of the plant, office spaces, the laboratory, shop area, locker rooms, and
restrooms; and
WHEREAS, for the past 18 years WTP staff has been pleased with the
reliability, commitment, and cost-effective service that the Arnold Center of
Midland special needs employees have provided, and would like to continue that
business relationship; and
WHEREAS, the new rate requested is $2,522.47 per month for a total
annual cost of $30,269.64, which represents a 3.0% increase over the prior
year; and
WHEREAS, funds are available for said purpose in the 2012/13 Water Fund
account #591.8272.93.004 – Janitorial Service; now therefore
RESOLVED, that the Mayor and City Clerk are hereby authorized to execute
the service agreement with the Arnold Center of Midland for janitorial services
at the City of Midland Water Treatment Plant, with a total annual amount not to
exceed $30,269.64, subject to document approval by the City Attorney. (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 the public parking lot at the Grace A. Dow Memorial Library;
and
WHEREAS, funds for this project are available in the 2012-2013 budget of
the Grace A. Dow Memorial Library; now therefore
RESOLVED, that the low sealed proposal submitted by Central Asphalt of
Mt. Pleasant for the reconstruction of the public parking lot at the Grace A.
Dow Memorial Library in the amount of
$108,854.70 is hereby accepted and the Purchasing Agent authorized to
issue a purchase order; 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, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a snow removal equipment storage building at Jack Barstow Airport; and
WHEREAS, funding for this project is provided by the Federal Aviation Administration, Michigan Department of Transportation (MDOT), and City of Midland in the estimated amounts of $302,100, $7,950, and $7,950 respectively; and
WHEREAS, MDOT Bureau of Aeronautics is preparing the standard sponsor agreement between the City of Midland and MDOT; now therefore
RESOLVED, that the sealed proposal submitted by JBS Contracting of Mt. Pleasant, Michigan, for the Jack Barstow Airport Snow Removal Equipment Building; Bid Number 3401 in the indicated amount of $249,700.00, is hereby accepted; and
RESOLVED FURTHER, that the City Manager is hereby authorized to execute a contract therefore in accord with the proposal and the City's specifications, subject to approval of the associated MDOT sponsor agreement; and
RESOLVED FURTHER, that the associated standard MDOT sponsor agreement is hereby accepted, subject to review and approval by the City Attorney; 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 City Engineer has prepared a report indicating that the
aircraft hanger located at Jack Barstow Airport and owned by PM3 Property Holdings, Hangar 9B, is in the
process of being sold to Gateway Air Service
of Mt. Pleasant, Michigan; and
WHEREAS, the intended use of the hangar is for commercial purposes,
namely an aircraft maintenance and service facility; and
WHEREAS, the City Attorney has prepared a commercial lease in accordance
with airport rules and regulations; now therefore
RESOLVED, that subject to final review and approval by the City
Attorney, the Mayor and City Clerk are
hereby authorized and instructed to execute the Jack Barstow Municipal Airport
Commercial Operations Lease between the City of Midland and Gateway Air Service
of Mt. Pleasant, Michigan. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS , the City Council of the City of Midland on June 23, 2008 approved an application for an industrial facilities exemption certificate for a new facility located at 2820 Schuette Road within the Eastwick Industrial Park Industrial Development District, previously established by resolution of the Midland City Council on December 18, 1989, and industrial facilities exemption certificate #2008-326 was issued by the State Tax Commission on the 30th day of December, 2008 to Evergreen Solar, Inc.; now therefore
RESOLVED, that Evergreen Solar, Inc. has voluntarily sold all of its property and assets to Max Era, Inc., and ceased its operations on November 11, 2011, and that the City of Midland has not received any correspondence from Max Era, Inc., expressing interest in transferring the industrial facilities exemption; and
RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday,
August 27, 2012, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of revoking industrial facilities exemption certificate #2008-326, and to allow the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the revocation and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, the City of Midland has adopted a “Complete Streets” policy, a term given to streets that accommodate all forms of travel; including automobiles, bicycles, pedestrians, personal mobility devices, transit and freight in a safe environment on designated City streets; and
WHEREAS, the City of Midland has also adopted a Master Street Plan which proposes a network of streets with design features that will accommodate pedestrians and vehicular movement and includes a bicycle plan that specifically defines proposed trails, on-street bike lanes and bike routes; and
WHEREAS, the Non-Motorized Transportation Advisory Committee has recommended installation of a dedicated bike lane on both Eastlawn Drive and Sugnet Road; now therefore
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on August 27, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the recommendation for installation of dedicated bike lanes on Eastlawn Drive and Sugnet Road; and
RESOLVED FURTHER, that the City Clerk is hereby directed to notify adjacent property owners on Eastlawn Drive by transmitting notice by August 17, 2012 and to publish said notice on August 18, 2012. (Motion ADOPTED.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, a
public hearing was held by the
RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 17, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and
RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area proposed to be rezoned by transmitting notice on or before August 31, 2012 and to publish said notice on September 1, 2012.
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL B ZONING WHERE AN AGRICULTRUAL ZONING DISTRICT PRESENTLY EXISTS.
The City of Midland Ordains:
Section 1. That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:
THE SOUTH 880 FEET OF THE WEST ½ OF THE EAST ½ OF THE WEST ½ OF SOUTHWEST ¼ OF SECTION 12, T14N, R2E. EXCEPT THE SOUTH 40 FEET THEREOF AND ALSO EXCEPT BEGINNING 992.23 FEET EAST AND 40 FEET NORTH OF THE SOUTHWEST CORNER OF SECTION 12, T14N, R2E, THENCE NORTH 250 FEET; THENCE WEST 100 FEET; THENCE SOUTH 250 FEET; THENCE EAST 100 FEET TO THE POINT OF BEGINNING.
Be, and the
same is hereby changed to Residential B.
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 3. This Ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Brooks:
WHEREAS, a public hearing was held by the
RESOLVED, that notice is hereby given that a
public hearing will be held by the City Council on Monday, September 17, 2012,
at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering
the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning
Ordinance of the City of Midland, as set forth in the following proposed
Ordinance, which is hereby introduced and given first reading; and
RESOLVED FURTHER, that the City Clerk is
hereby directed to notify property owners within three hundred (300) feet of
the area proposed to be rezoned by transmitting notice on or before August 31,
2012 and to publish said notice on September 1, 2012.
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 1585,
BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO
PROVIDE A COMMUNITY ZONING WHERE A RESIDENTIAL B ZONING DISTRICT PRESENTLY
EXISTS.
The City of Midland Ordains:
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
LOT 10 EXC BEG 149.5 FT W OF SE COR OF LOT
10 TH W 63 FT TH N 10 FT TH NELY 27 FT TH SELY 53 FT TH E TO A PT 10 FT N OF
BEG TH S 10 FT TO BEG ALSO LOT 11 EXC W 23 FT ALSO BEG AT NW COR OF LOT 13 E
102.58 FT SWLY ON CURV TO RT W 90.02 FT RAD 58.99 FT S 37D 33M W 131.7 FT NWLY
ALG S LOT LN 57.12 FT NELY 131.44 FT TO BEG ALSO LOT 14 EXC BEG AT SW COR OF
LOT 14 NELY 84.72 FT E 13 FT SWLY TO SW COR LOT 14 STURGEON RD ASSR PLAT, ALSO
COM AT A PT 175 FT W OF SE COR OF LOT 9, W 15 FT, N 34.29 FT, TH SELY 37.43 FT
TO POB.
LOT 9 OF STURGEON ROAD ASSESSORS PLAT, A
PART OF THE NW ¼, SEC 17 T14N, R2E, AS PER PLAT THEREOF RECORDED IN LIBER C OF
PLATS, PAGE 15 OF MIDLAND COUNTY RECORDS; COMMENCING AT A POINT 190 FEET WEST
OF THE SOUTHEAST CORNER OF LOT 9 ALONG THE SOUTH LINE OF SAID LOT; THENCE 75
FEET WEST ALONG THE SOUTH LINE OF LOT 9; THENCE NORTH 80 FEET; THENCE EAST 55
FEET TO A POINT 210 FEET WEST OF THE NORTHEAST CORNER OF LOT 9 ALONG THE NORTH
LINE OF SAID LOT; THENCE SOUTHEASTERLY 49.89 FEET; THENCE 34.29 FEET SOUTH TO THE
POINT OF BEGINNING.
BEGINNING AT A POINT 75 FEET WEST OF THE
NORTHEAST CORNER OF LOT 16 OF STURGEON ROAD ASSESSOR’S PLAT TO THE CITY OF
MIDLAND, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN LIBER C OF PLATS,
PAGE 15, AND RUNNING EAST 75 FEET ALONG THE NORTH LINE OF SAID LOT 16; THENCE
SOUTHWESTERLY 45.62 FEET ALONG THE EAST LINE OF SAID LOT 16; THENCE
NORTHWESTERLY TO THE POINT OF BEGINNING.
Be, and the same is hereby changed to Community.
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 3.
This Ordinance shall take effect upon publication. (Motion ADOPTED.)
Being no further business the meeting adjourned at 7:40 p.m.
______________________________________
Selina Tisdale, City