February 18, 2002

CITY OF MASON COUNCIL CHAMBERS

201 W. ASH ST., MASON, MICHIGAN

MASON CITY COUNCIL MINUTES

FEBRUARY 18, 2002

The meeting was called to order at 7:41 p.m. by Mayor Whipple.

Present: Council Members: Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

Also present: Martin Colburn, City Administrator

Dennis McGinty, City Attorney

Kathy Revels, Finance Director/Treasurer

Joe Dean, DPW Director

William Potter, City Engineer

James Howard, Planning and Zoning Director

Deborah Stein, Deputy Clerk

Mayor Whipple led in the Pledge of Allegiance and offered the invocation.

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: February 4, 2002

The Minutes of February 4, 2002 were approved as corrected.

APPROVAL OF BILLS

Motion by Howe, seconded by Preadmore,

To approve the payment of the bills in the amount of $105,272.93 as submitted.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

PEOPLE FROM THE FLOOR

Steve Dugan of 2455 Pinetree Road in Holt commented that he is a candidate for the State House, 67^th District. He retired as City Clerk from the City of Lansing last year. Mr. Dugan commented briefly on the recent redistricting and the open seat that it created for Ingham County.

REGULAR BUSINESS

Public Hearing - Special Assessment Roll

Mayor Whipple opened the public hearing at 7:50 p.m.

Charles Welsh of 305 W. South Street stated opposition for the proposed sidewalks on W. South Street.

Cal Bodin of 1131 W. Columbia commented that he became aware of the sidewalk bid today and asked if he may present at bid at this time. Mayor Whipple explained that it is not possible to accept a bid outside of the formal bid process.

Mayor Whipple closed the public hearing at 7:56 p.m.

Resolution No. 2002-04 - Awarding 2002 Sidewalk Project Bid

A brief discussion was held on the submitted bids.

Resolution No. 2004 was introduced by Soule and seconded by Preadmore.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2002-04

RESOLUTION OF AWARD FOR 2002 SIDEWALK PROJECT

February 18, 2002

BE IT HEREBY RESOLVED, by the City Council of the City of Mason that it does hereby accept the bid from Borbolla Construction & Concrete in the amount of $115,630.22 for the 2002 Sidewalk Project.

FURTHER RESOLVED, that the City Administrator is to forward the Notice of Award to Borbolla Construction & Concrete for the 2002 Sidewalk Project.

YES: (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

NO: (0)

CLERK'S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the City Council at its regular meeting held Monday, February 18, 2002, the original of which is part of the Council's minutes.

____________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

Special Assessment Resolution 5, Project 2002-1

City Engineer Potter gave a brief explanation on how the assessable costs are calculated for the sidewalk project. Discussion was held on specific areas that have been given particular attention, as well as the policy for corner lots.

Special Assessment Resolution 5, Project 2002-1 was introduced by Preadmore and seconded by Soule.

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 5

PROJECT NO. S.A. 2002-1

At a regular meeting of the City Council of the City of Mason, Ingham County, Michigan (the “City”), was held in the City Hall, 201 West Ash Street, Mason, Michigan, on Monday, the 18th day of February, 2002, at 7:30 o’clock, p.m.

The meeting was called to order at 7:30 o’clock, p.m. by Mayor Whipple.

Present: Council Members - Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

Absent: Council Members - None

The following resolution was offered by Council Member Preadmore and supported by Council Member Soule:

WHEREAS, pursuant to due notice to all interested parties, this City Council did meet on Monday, February 18, 2002, in the City Hall, 201 West Ash Street, Mason, Michigan, for the purpose of reviewing the special assessment roll and hearing any objections thereto for Sidewalk and Driveway Special Assessment District - S.A. 2002-1; and

WHEREAS, at the time and place designated for said meeting, the meeting was duly called to order and the opening of the hearing for objections to the special assessment roll, prepared by the City Assessor and on file with the City Clerk, was announced, said roll assessing the cost of certain sidewalk and driveway improvements against the benefitting properties; and

WHEREAS, objections were heard or filed in writing with the City Clerk and the following adjustment or corrections, if any, were made:

; and

WHEREAS, the City Council now desires to confirm the special assessment roll attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED THAT:

6.The City Council hereby designates the special assessment district as the “Sidewalk and Driveway Special Assessment District - S.A. 2002-1.”

7. The special assessment roll as prepared and reported to the City Council by the City Assessor shall be designated as the “Sidewalk and Driveway Special Assessment District - S.A. 2002-1 Special Assessment Roll” in the final amount of $50,351.99, and is hereby adopted and confirmed, and the City Clerk is hereby directed to endorse thereon this date of confirmation.

8.The special assessment roll shall be divided into three (3) equal annual installments. The first installment shall be due on July 1, 2002, and the two (2) subsequent installments shall be due on July 1 of the succeeding years thereafter. Special assessments may be paid in full on or before August 31, 2002, without interest. Thereafter, installments of the special assessment roll shall bear interest at the rate of six percent (6%) per annum, commencing on September 1, 2002, payable annually on the due date of each installment after the first installment. If any installment is not paid when due, then the same shall be deemed to be delinquent and there shall be collected thereon in addition to the interest above provided, a penalty at the rate of one percent (1%) for each month or fraction thereof that the same remains unpaid before being reported for reassessment upon the City tax roll. In the event the City Council determines that it is in the best interest of the district and the City at large to issue bonds pledging the receipts of said special assessment roll and the full faith and credit of the City; then and in that event, the interest on the unpaid installments shall be adjusted to not more than one percent (1%) greater than the average interest rate at which the bonds were sold. Said interest shall be payable annually on each installment due date.

9. Any of the unpaid balance due on the special assessment roll may be paid in full on any installment date, together with interest due to said payment date.

10. The assessments made in said special assessment roll are hereby ordered and directed to be collected. The City Clerk shall deliver the special assessment roll to the City Finance Director/Treasurer with the proper warrant attached, commanding the City Finance Director/Treasurer to collect the assessments therein in accordance with the directions of the City Council with respect thereto, and the City Finance Director/Treasurer is authorized and directed to collect the amounts assessed as they become due pursuant to the terms of this resolution and the provisions of the applicable statutes of the State of Michigan.

1. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same are, hereby rescinded.

Yeas: (6) Naeyaert, Preadmore, Helbig, Howe, Soule, Whipple

Nays: (1) Clark

Absent: (0)

Resolution declared adopted.

_____________________________

Martin A. Colburn, City Clerk

STATE OF MICHIGAN )

)ss

COUNTY OF INGHAM )

I, the undersigned, the duly qualified clerk of the City of Mason, Ingham County, Michigan, DO HEREBY CERTIFY that the foregoing is a true and complete copy of the proceedings taken by the City Council at a regular meeting held on Monday, the 18th day of February, 2002.

IN WITNESS WHEREOF, I have hereunto affixed by official signature this 18th day of February, 2002. ______________________________

Martin A. Colburn, City Clerk

Special Assessment Resolution 5, Project 2002-2

Kay Black of 230 Valley Court asked about the cost share between the homeowner and the city. Mayor Whipple commented that the Assessment Roll reflects the 50/50 share between the homeowner and city.

Council Member Clark commented that he feels South Street sidewalks should be removed from the project, however, he would address specific areas. Discussion followed on specific areas that have been given particular attention.

Special Assessment Resolution 5, Project 2002-2 was introduced by Preadmore and seconded by Soule.

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 5

PROJECT NO. S.A. 2002-2

The meeting was called to order at 7:30 o’clock, p.m. by Mayor Whipple.

Present: Council Members - Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

Absent: Council Members - None

The following resolution was offered by Council Member Preadmore and supported by Council Member Soule:

WHEREAS, objections were heard or filed in writing with the City Clerk and the following adjustment or corrections, if any, were made:

; and

WHEREAS, the City Council now desires to confirm the special assessment roll attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED THAT:

11. The City Council hereby designates the special assessment district as the “Sidewalk and Driveway Special Assessment District - S.A. 2002-2.”

The special assessment roll as prepared and reported to the City Council by the City Assessor shall be designated as the “Sidewalk and Driveway Special Assessment District - S.A. 2002-2 Special Assessment Roll” in the final amount of $15,434.06, and is hereby adopted and confirmed, and the City Clerk is hereby directed to endorse thereon this date of confirmation.

12. The special assessment roll shall be divided into three (3) equal annual installments. The first installment shall be due on July 1, 2002, and the two (2) subsequent installments shall be due on July 1 of the succeeding years thereafter. Special assessments may be paid in full on or before August 31, 2002, without interest. Thereafter, installments of the special assessment roll shall bear interest at the rate of six percent (6%) per annum, commencing on September 1, 2002, payable annually on the due date of each installment after the first installment. If any installment is not paid when due, then the same shall be deemed to be delinquent and there shall be collected thereon in addition to the interest above provided, a penalty at the rate of one percent (1%) for each month or fraction thereof that the same remains unpaid before being reported for reassessment upon the City tax roll. In the event the City Council determines that it is in the best interest of the district and the City at large to issue bonds pledging the receipts of said special assessment roll and the full faith and credit of the City; then and in that event, the interest on the unpaid installments shall be adjusted to not more than one percent (1%) greater than the average interest rate at which the bonds were sold. Said interest shall be payable annually on each installment due date.

13. Any of the unpaid balance due on the special assessment roll may be paid in full on any installment date, together with interest due to said payment date.

14. The assessments made in said special assessment roll are hereby ordered and directed to be collected. The City Clerk shall deliver the special assessment roll to the City Finance Director/Treasurer with the proper warrant attached, commanding the City Finance Director/Treasurer to collect the assessments therein in accordance with the directions of the City Council with respect thereto, and the City Finance Director/Treasurer is authorized and directed to collect the amounts assessed as they become due pursuant to the terms of this resolution and the provisions of the applicable statutes of the State of Michigan.

2. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same are, hereby rescinded.

Yeas: (6) Naeyaert, Preadmore, Helbig, Howe, Soule, Whipple

Nays: (1) Clark

Absent: (0)

Resolution declared adopted.

_____________________________

Martin A. Colburn, City Clerk

STATE OF MICHIGAN )

)ss

COUNTY OF INGHAM )

IN WITNESS WHEREOF, I have hereunto affixed by official signature this 18th day of February, 2002.

______________________________

Martin A. Colburn, City Clerk

Special Assessment Resolution No. 2002-07

Special Assessment Resolution No. 2002-07 was introduced by Soule and seconded by Preadmore.

Letters of opposition and protest were submitted by the following homeowners.

Ø Gary Spiekerman, 731 S. Lansing Street

Ø Bruce and Barbara DePue, 817 S. Lansing Street

Ø Michael and Shelley Kranz, 326 W. South Street

Ø Edward Rudd and Dolores Flores, 306 W. South Street

Ø Charles and Margaret Welsh, 305 W. South Street

Ø Ralph and Mary Lou Pax, 324 W. South Street

Ø Sally Boilore, 327 W. South Street

Ø Richard Meinke, 233 W. South Street

Ø Vicky Donn, 332 W. South Street

CITY OF MASON

INGHAM COUNTY MICHIGAN

CITY COUNCIL RESOLUTION NO. 2002-07

February 18, 2002

A regular meeting of the City Council of the City of Mason, Ingham County, Michigan (the “City”), was held in the City Council Chambers, 201 West Ash Street, Mason, Michigan, on Monday, the 18th day of February, 2002, at 7:30 o’clock, p.m.

The meeting was called to order at 7:30 o’clock, p.m. by Mayor Whipple.

Present: Council Members - Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

Absent: Council Members - None

The following resolution was offered by Council Member Soule and supported by Council Member Preadmore:

WHEREAS, the City Council has determined to undertake a project to improve certain sidewalks and driveways (the “Improvements”) in the Sidewalk and Driveway Special Assessment District - S.A. 2002-1 and the Sidewalk and Driveway Special Assessment District - S.A. 2002-2 (the “Special Assessment Districts”); and

WHEREAS, the total aggregate cost of said Improvements is estimated to be approximately $65,786.05; and

WHEREAS, the special assessments assessed against properties in the Special Assessment Districts are in the total aggregate amount of $65,786.05, and have been divided into three (3) equal annual installments, with the first installment coming due on July 1, 2002 (the “Special Assessments”); and

WHEREAS, in anticipation of the collection of the installment payments of the Special Assessments, commencing with the installment due July 1, 2002, the City Council deems it necessary to issue special assessment bonds in order to borrow the sum of not to exceed Sixty Five Thousand Dollars ($65,000) to finance a portion of the cost of the above-described Improvements.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The estimated period of usefulness of the Improvements is not less than fifteen (15) years.

2. The special assessment bonds shall be issued in the amount of not to exceed Sixty Five Thousand Dollars ($65,000) in anticipation of the collection of a like amount of the unpaid installments from the Special Assessments, commencing with the installments due July 1, 2002, which sums with interest thereon are pledged to the payment of the bonds and interest thereon in the respective amounts as shown on the form of the special assessment bonds below. The liability of each special assessment district shall be limited to the aforesaid amounts and neither district shall be liable for the payment of the share of the other district. In addition to the Special Assessments as aforesaid, the full faith, credit and resources of the City is hereby pledged for the prompt payment of the principal and interest on said bonds as the same become due, subject to applicable statutory, charter and constitutional limitations.

Said issue shall consist of fully registered bonds of the denomination of One Thousand Dollars ($1,000) each, or multiples thereof, not to exceed the maximum amount of principal due in any maturity year, numbered in direct order of issue from 1 upwards, dated April 1, 2002, or date of delivery, and payable serially on November 1 of each year, as follows:

Year Amount

2002 $22,000

2003 22,000

2004 21,000

Said special assessment bonds shall be designated as Sidewalk Improvement Special Assessment Bonds, Series 2002 (Limited Tax-General Obligation) (the "Bond" or "Bonds"), and shall bear interest at a rate or rates not exceeding seven percent (7%) per annum, payable on November 1, 2002 and semiannually thereafter on the first day of May and November of each year.

3. The City’s Mayor, City Administrator, Finance Director/Treasurer, or a designee thereof, are hereby authorized to adjust the maturity schedule and/or reduce the principal amount of the borrowing in accordance with the amount of any prepayments received by the City with respect to the Special Assessments.

4. The principal of the Bonds and the interest thereon shall be payable in lawful money of the United States of America at or by a bank or trust company located in the State of Michigan to be designated by the City Council (herein called "Paying Agent"), which shall act as the Bond Registrar and Paying Agent, or such successor Paying Agent as may be approved by the City Council, on each semiannual interest payment date and the date of each principal maturity.

5. Book Entry. At the request of the purchaser of the Bonds, the ownership of one fully registered bond for each maturity in the aggregate principal amount of such maturity may be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). So long as the Bonds are in the book entry form only, the Paying Agent shall comply with the terms of the Letter of Representations to be entered into among the City, the Paying Agent and DTC, which provisions shall govern registration, notices and payment, among other things, and which provisions are incorporated herein with the same effect as if fully set forth herein. The Mayor, City Administrator, and Finance Director/Treasurer are hereby authorized and directed to enter into the Letter of Representations with DTC in such form as determined by the Mayor, City Administrator, or Finance Director/Treasurer, in consultation with bond counsel, to be necessary and appropriate. The Paying Agent is hereby authorized and directed to also enter into the Letter of Representations with DTC as agent for the City. In the event the City determines that the continuation of the system of book entry only transfer through DTC (or a successor securities depository) is not in the best interest of the DTC participants, beneficial owners of the Bonds, or the City, the City will notify the Paying Agent, whereupon the Paying Agent will notify DTC of the availability through DTC of the bond certificates. In such event, the City shall issue and the Paying Agent shall transfer and exchange Bonds as requested by DTC of like principal amount, series and maturity, in authorized denominations to be identifiable beneficial owners in replacement of the beneficial interest of such beneficial owners in the Bonds, as provided herein.

So long as the book-entry-only system remains in effect, in the event of a partial redemption the Paying Agent will give notice to Cede & Co., as nominee of DTC, only, and only Cede & Co. will be deemed to be a holder of the Bonds. DTC is expected to reduce the credit balances of the applicable DTC Participants in respect of the Bonds and in turn the DTC Participants are expected to select those Beneficial Owners whose ownership interests are to be extinguished or reduced by such partial redemptions, each by such method as DTC or such DTC Participants, as the case may be, deems fair and appropriate in its sole discretion.

6. The Bonds shall not be subject to redemption prior to maturity.

7. Blank bonds with the manual or facsimile signatures of the Mayor and countersigned by the Clerk affixed thereto and the seal of the City or a facsimile thereof affixed thereto, shall, upon issuance and delivery and from time to time thereafter as necessary, be delivered to the Paying Agent for safekeeping to be used for registration and transfer of ownership.

Any Bond may be transferred upon the books required to be kept pursuant to this section by the person in whose name it is registered, in person or by a duly authorized agent, upon surrender of the Bond for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Paying Agent. Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and seal and the Paying Agent shall authenticate and deliver a new Bond or Bonds for the like aggregate principal amount. The Paying Agent shall require the payment of any tax or other governmental charge required to be paid with respect to the transfer to be made by the bondholder requesting the transfer.

The Paying Agent shall keep or cause to be kept, at its principal office, sufficient books for the registration and transfer of the Bonds, which shall at all times be open to inspection by the City; and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, transfer or cause to be transferred on said books, Bonds as herein provided.

If any Bond shall become mutilated, the City, at the expense of the holder of the Bond, shall furnish, and the Paying Agent shall authenticate and deliver, a new Bond of like tenor in exchange and substitution for the mutilated Bond, upon surrender to the Paying Agent of the mutilated Bond. If any Bond issued under this resolution shall be lost, destroyed or stolen, evidence of the loss, destruction or theft and indemnity may be submitted to the Paying Agent, and if satisfactory to the Paying Agent and the City, the City, at the expense of the owner, shall furnish, and the Paying Agent shall authenticate and deliver a new Bond of like tenor and bearing the statement required by Act 354, Public Acts of Michigan, 1972, as amended, being sections 129.131 to 129.135, inclusive, of the Michigan Compiled Laws, or any applicable law hereafter enacted, in lieu of and in substitution for the bond so lost, destroyed or stolen. If any such Bond shall have matured or shall be about to mature, instead of issuing a substitute Bond, the Paying Agent may pay the same without surrender thereof.

8. The Mayor and Clerk are hereby authorized to provide the Bonds in conformity with the specifications of this resolution by causing their manual or facsimile signatures to be affixed thereto, together with the City Seal or facsimile thereof issued in certificate form, and upon the manual execution by the authorized signatory of the Paying Agent, and the Mayor, City Administrator, and Finance Director/Treasurer be and are hereby authorized and directed to cause said Bonds to be delivered to the purchaser thereof upon receipt of the purchase price and accrued interest, if any.

9. All collections of principal and interest on the aforesaid Special Assessments shall be accounted for separately on the books of the City and shall be held together with any premium on the Bonds and the accrued interest thereon paid on date of delivery thereof, for the sole purpose of retiring when due the principal of and interest on said Bonds. The City shall levy annually, subject to applicable statutory, charter and constitutional limitations, as part of its general ad valorem taxes, such sums as may be necessary to retire when due the principal of and interest on the Bonds should collections of the Special Assessments pledged for that purpose prove insufficient.

10. The Bonds shall be in substantially the following form:

[NO.]

UNITED STATES OF AMERICA

STATE OF MICHIGAN

COUNTY OF INGHAM

CITY OF MASON

SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT BOND, SERIES 2002

(LIMITED TAX-GENERAL OBLIGATION)

Rate Maturity Date Date of Original Issue CUSIP No.

REGISTERED OWNER:

PRINCIPAL AMOUNT:

CITY OF MASON, COUNTY OF INGHAM, STATE OF MICHIGAN (the "Issuer"), promises to pay to the Registered Owner specified above, or registered assigns, the specified Principal Amount, in lawful money of the United States of America on the specified Maturity Date, with interest thereon, from the Date of Original Issue until paid at the specified Rate on the basis of a 360‑day year, 30‑day month, payable on November 1, 2002, and semiannually thereafter on the first day of May and November of each year (the "Bond" or "Bonds"). Principal on this Bond is payable at the ___________ office of _______________, __________, MICHIGAN (the "Bond Registrar"), upon presentation and surrender hereof. Interest is payable by check or draft mailed to the Registered Owner at the registered address shown on the registration books of the Issuer kept by the Bond Registrar as of the close of business on the 15th day of the month preceding any interest payment date. The Issuer may hereafter designate a successor bond registrar/paying agent by notice mailed to the Registered Owner not less than sixty (60) days prior to any interest payment date.

This Bond is issued under and in pursuance of the provisions of Act 279, Public Acts of Michigan, 1909, as amended, the Issuer’s Special Assessment Ordinance, and resolutions duly adopted by the City Council of the Issuer on February _____, 2002 and _____________, 2002, for the purpose of paying a portion of the cost of improving, replacing, and repairing certain sidewalks and driveways in the City of Mason in the Sidewalk and Driveway Special Assessment District - S.A. 2002-1 and the Sidewalk and Driveway Special Assessment District - S.A. 2002-2 (the “Special Assessment Districts”).

The Bonds are issued in anticipation of the collection of a like amount of unpaid installments on the following special assessment rolls against lands in the Special Assessment Districts: [a] the Sidewalk and Driveway Special Assessment District - S.A. 2002-1 Special Assessment Roll; and [b] the Sidewalk and Driveway Special Assessment District - S.A. 2002-2 Special Assessment Roll, and the total principal amount of the Bonds is hereby respectively allocated in the amounts of: [a] $__________; and [b] $__________. The liability of each special assessment district shall be limited to the aforesaid amounts and neither district shall be liable for the payment of the share of the other district.

This Bond is payable out of special assessments collected on the special assessment rolls for the Special Assessment Districts. The Issuer, in addition to the foregoing, has pledged its full faith and credit subject to applicable constitutional, statutory and charter tax limitations, for repayment of the Bonds. In case of insufficiency of said special assessment collections, this Bond is payable out of the general funds of the Issuer. The Issuer reserves the right to issue additional bonds of equal standing.

The Bonds are not subject to redemption prior to maturity.

This Bond is registered as to principal and interest and is transferable, as provided in the resolutions authorizing the Bonds, only upon the books of the Issuer kept for that purpose by the Bond Registrar, by the Registered Owner hereof in person or by an agent of the Registered Owner duly authorized in writing, upon the presentation and surrender of this Bond together with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the Registered Owner or agent of the Registered Owner, and thereupon a new Bond or Bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the resolutions authorizing the Bonds, and upon payment of the charges, if any, therein provided. The Bonds are issuable in denominations of $1,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity.

It is hereby certified and recited that all acts, conditions and things required to be done, to happen, and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed in due time, form and manner, as required by law.

This Bond shall not be deemed a valid and binding obligation of the Issuer in the absence of authentication by manual execution hereof by the authorized signatory of the Bond Registrar.

IN WITNESS WHEREOF, City of Mason, County of Ingham, State of Michigan, by its City Council, has caused this Bond to be signed in the name of the Issuer by the manual or facsimile signature of its Mayor and countersigned by the manual or facsimile signature of its Clerk as of __________, 2002, and to be manually signed by the authorized signatory of the Bond Registrar as of the date set forth below.

CITY OF MASON

COUNTY OF INGHAM

(SEAL) STATE OF MICHIGAN

Countersigned: By

Mayor

Clerk

CERTIFICATE OF AUTHENTICATION

Dated:

This Bond is one of the Bonds described herein.

__________________

______________________, MICHIGAN

BOND REGISTRAR

Authorized Signatory

------------------------------------------------------------------------------------------------------------------------

ASSIGNMENT

FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for registration of the within Bond, with full power of substitution in the premises.

Dated:

NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular without alteration or any change whatever.

Signature Guaranteed:

Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program.

The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided.

Name and Address:

(Include information for all joint owners if the Bond is held

by joint account.)

PLEASE INSERT SOCIAL SECURITY NUMBER OR

OTHER IDENTIFYING NUMBER OF ASSIGNEE

(if held by joint account, insert number

for first named transferee)

11. The Bonds shall not be issued until the Local Audit and Finance Division of the State of Michigan shall have first issued its order granting permission to do so, or an exception from prior approval to do so, as provided in Act No. 202, Public Acts of Michigan, 1943, as amended, and the City Administrator and Finance Director/Treasurer are hereby authorized to make due and proper application to the Municipal Finance Division for permission to issue and sell the Bonds and to pay any application fee therefor.

12. The advance payment for the Improvements is hereby approved, and the monies are authorized to be advanced from monies on hand in the City's general fund, which monies will be repaid to the general fund with a like amount, plus interest from the date of withdrawal, from the proceeds of the Bonds when received. The City shall reimburse the general fund not earlier than the date on which the costs and expenses are paid and not later than the later of:

(a) the date that is eighteen (18) months after the costs and expenses are paid; or

(b) the date the Improvements are placed in service or abandoned, but in no event more than three (3) years after the costs and expenses are paid.

13. The Bonds herein authorized are hereby designated as "qualified tax‑exempt obligations" for purposes of deduction of interest expense by financial institutions under the provisions of the Internal Revenue Code of 1986, as amended. In making said designation, the City Council determines that the reasonably anticipated amount of tax‑exempt obligations which will be issued by the City or entities which issue obligations on behalf of the City during calendar year 2002 will not exceed $10,000,000.

14. The City Clerk and Finance Director/Treasurer, or a designee thereof, are authorized and hereby ordered to solicit bids for the purchase of the Bonds from local financial institutions, or in the alternative publish notice of sale/solicitation for bids of the Bonds herein authorized in the DETROIT LEGAL NEWS, Detroit, Michigan, which notice of sale/solicitation for bids shall be in substantially the form attached hereto as Exhibit A and made a part of this resolution by reference.

15. The City Council covenants to comply with existing provisions of the Internal Revenue Code of 1986, as amended, necessary to maintain the exclusion of interest on the bonds from gross income for federal income tax purposes.

16. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same are, hereby rescinded.

Yeas: Council Members (6) Naeyaert, Preadmore, Helbig, Howe, Soule, Whipple

Nays: Council Members (1) Clark

Absent: Council Members (0)

Resolution declared adopted. ___________________________

Martin A. Colburn, City Clerk

City of Mason

STATE OF MICHIGAN )

COUNTY OF INGHAM )^ss

IN WITNESS WHEREOF, I have hereunto affixed my official signature this 18th day of February, 2002.

______________________________

Martin A. Colburn, City Clerk

City of Mason

Resolution No. 2002-05 - Acceptance of Raging River

Resolution No. 2002-05 was introduced by Soule and seconded by Preadmore.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2002-05

Acceptance of Raging River Road - Phase 2

February 18, 2002

WHEREAS, the City of Mason did on February 18, 2002, acquire title to a certain street; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place this street within the City Street System for the purpose of obtaining funds under Act 51, P.A. 1951, as amended.

NOW, THEREFORE, IT IS RESOLVED:

1. Raging River Road as recorded in the plat of Riverwalk Meadows No. 2, a subdivision on part of the Northeast 1/4 of section 5, T2N, R1W, City of Mason, Ingham County, Michigan, as recorded in Liber 53 of plats, Pages 1 & 2, Ingham County Records, the centerline of which is 853 feet long.

2. That said street is located within a City right-of-way and is under the control of the City of Mason.

3. That said street is a public street and is for the public street purposes.

4. That said street is accepted into the City Local Street System.

Yes: (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No: (0)

CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the City Council at its regular meeting held Monday, February 18, 2002, the original of which is part of the Council’s minutes.

____________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

Resolution No. 2002-06 - Resolution of City Council Appointment

Resolution No. 2002-06 was introduced by Soule and seconded by Preadmore

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2002-06

RESOLUTION OF CITY COUNCIL APPOINTMENT

February 18, 2002

BE IT HEREBY RESOLVED, that the City Council of the City of Mason does hereby make the following appointment commencing February 18, 2002, ending December 31, 2002.

Cemetery Board Melvin D. Brown

YES: (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

NO: (0)

____________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

Bid - Well No. 4 Rehabilitation

It was discussed that three bids were submitted for rehabilitation of Well No. 4 at Hayes Park. The wells are currently on a five year rotation for rehabilitation.

Motion by Soule, seconded by Howe,

To accept the bid of Peerless Midwest for $24,547.93 for the rehabilitation of Well No. 4.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

Request to Waive the Bid Process - Replacement of Standby Generator Control Panel

Discussion was held on the Publicly Owned Treatment Works Plant (POTW) request to waive the bid process. The control panel of the standby generator needs to be replaced. The equipment is available from one source, Standby Power.

Motion by Naeyaert, seconded by Howe,

To waive the bid process and authorize Standby Power, Inc. to be contracted to proceed with the replacement of the standby generator control panel at the wastewater treatment plant in the amount of $9,657.66, as recommended by Jim King, Supervisor, POTW.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

Traffic Control Order - 01-2002

It was discussed that Traffic Control Order (TCO)01-2002 was approved by the Traffic Commission on January 17, 2002 and discussed with Council on February 4, 2002. The TCO will permit installing a stop sign on Northbrook Street for north bound traffic at South Eugenia Drive. Administrator Colburn commented that the stop sign has been installed in consideration of the health, safety, and welfare of the community.

Motion by Naeyaert, seconded by Howe,

To accept Trafffic Control Order 01-2002 and place a stop sign at Northbrook Street for north bound traffic at South Eugenia Drive.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

Traffic Control Order - 02-2002

It was discussed that the request to place restrictive parking signs at the entrance of the city cemetery off of Jefferson Street was presented to Council February 4, 2002 .

Motion by Preadmore, seconded by Naeyaert,

To accept Traffic Control Order 02-2002 and place signage prohibiting parking at anytime.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

2001 Building Permits Summary Report

Discussion was held on the 2001 Building Permits Summary Report submitted by Planning and Zoning Director Howard and Building Inspector Ramey.

Motion by Preadmore, seconded by Soule,

To accept the 2001 Building Permits Summary Report as submitted and place it on file.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

City Administrator's Performance Evaluation, City Council Rating Form, an Department

Head Input Form

Discussion was held on approving a City Council Rating Form, a Department Head Input Form, and set a schedule for the City Administrator’s Performance Evaluation.

Motion by Soule, seconded by Preadmore,

To adopt the City Council Rating Form for the City Administrator’s Performance Evaluation as submitted.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

Discussion was held on the proposed Department Head Input Form.

Motion by Preadmore, seconded by Naeyaert,

To adopt the Department Head Input Form for the City Administrator’s Performance Evaluation as submitted.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

Discussion followed on setting a schedule for the City Administrator’s performance evaluation as well as setting a deadline for the Department Head Input Forms to be turned into the Administration Office.

Motion by Soule, seconded by Preadmore,

to distribute the Department Head Input Form for the City Administrator’s performance evaluation immediately to the Department Heads, requesting the completed forms to be returned on or before the close of business, March 4, 2002.

VOTE: Yes (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

No (0)

MOTION CARRIED

UNFINISHED BUSINESS

Discussion was held on the open basement on Okemos Road. The property owner is currently resubmitting his application to MDEQ. The basement structure is in a flood plain and there are also wet land issues. Due process is being utilized to insure that the site is safe.

NEW BUSINESS

· None

COUNCIL CORRESPONDENCE

· Nitrex Metal Technologies, Inc.

LIAISON REPORT

There were no reports presented at this time.

ADMINISTRATOR’S REPORT

Administrator Colburn commented on the progress for the State Street project. He indicated that the necessary easements have been acquired and that the bid will be let in April. He commented on the progress for Hayhoe Riverwalk and the need to obtain easements for this project as well. The City will host the Village of Chelsea on May 21, for Mayor Exchange Day. Discussion was held to confirm Wednesday, May 29, as first preference for Mason to visit Chelsea, with Thursday, May 30, as an alternate date.

PEOPLE FROM THE FLOOR

Kathy Starmer asked why the proposed placement for her sidewalk had been changed since her last conversation with staff. Discussion followed on placing the sidewalk three feet from the curb and routing it up around the fire hydrant and telephone pole. Ms. Starmer indicated that she would prefer to have the tree removed due to the tree’s roots invasion in the sewer line. Staff will further review the site.

Christine Cimala of 320 W. South presented written opposition from both her and her husband, Matthew Cimala.

Kay Black of 230 Valley Court inquired about the payment arrangements for special assessments. Mayor Whipple explained how the assessments are applied and the terms of payment.

ADJOURNMENT

The meeting adjourned at 9:25 p.m.

_________________________ ________________________

Martin A. Colburn, City Clerk Russell W. Whipple, Mayor