AGENDA REGULAR TOWNSHIP BOARD MEETING TUESDAY, DECEMBER … · 12/3/2019 · Acquistion Trust) for a special land use permit (SLUP) extension until 4/1/2020 because of a financing

AGENDA

REGULAR TOWNSHIP BOARD MEETING TUESDAY, DECEMBER 3, 2019

5:30 P.M.

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF MINUTES

November 19, 2019 – Regular Meeting Page 2

AGENDA AMENDMENT

UNFINISHED BUSINESS

1. Public Hearing – Higman Park Hill #1 Paving Project Page 3 Special Assessment Roll

2. Public Hearing – Higman Park Hill #2 Paving Project Page 14 Special Assessment Roll

3. Lake Michigan College Liquor License Request Page 27 4. Water/Sewer Rate Increases Resolution Page 30 5. Trash Truck Purchase/Act 99 Financing Resolution Page 32 6. Authorization to Pay the Bills

a. Bill Listing Cover Page Page 50 b. Check Register Page 51 c. Check Disbursement Report Page 55

7. Supervisor Appointment Page 66

PUBLIC COMMENT * Any questions should be put in writing and presented to the Clerk’s Office. *

ADJOURNMENT

Next Regular Board Meeting – Tuesday, December 17, 2019

NEW BUSINESS

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MINUTES OF THE REGULAR MEETING OF THE BENTON CHARTER TOWNSHIP BOARD HELD NOVEMBER 19, 2019 AT 5:30 P.M.

BENTON CHARTER TOWNSHIP MUNICIPAL BUILDING 1725 TERRITORIAL ROAD-SUITE B, BENTON HARBOR, MICHIGAN

bentonchartertwp.org

BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT Clerk Carolyn Phillips Trustee Carolyn Fowler

Trustee Rosie Hudson Treasurer Debbie Boothby

Trustee Linda Scarbrough ALSO PRESENT

Trustee Cathy Yates Andy Dean – Building Inspector

Tammy Taylor – Recording Secretary

The meeting was called to order at 5:30 p.m. by Clerk Phillips followed by a silent invocation and the Pledge of Allegiance.

The minutes of the regular meeting held November 5, 2019 were unanimously approved as presented on a motion by Trustee Yates; seconded by Trustee Hudson.

There was no Agenda Amendments.

Under Unfinished Business: Final draft of the 2019 Masterplan (distributed to Board Members at the 11/5/2019 meeting for review), meets all the requirements of the Michigan Planning Enabling Act. Correspondence was received from the Berrien County Planning Commission and St. Joseph Charter Township. Township Building Inspector Andy Dean answered board members questions. Motion by Clerk Phillips; seconded by Trustee Yates to adopt the resolution approving the 2019 Masterplan as recommended by the Planning Commission. Motion was carried unanimously by roll call vote.

Under New Business: Request was received from Campbell Law Office (representing Granoff Acquistion Trust) for a special land use permit (SLUP) extension until 4/1/2020 because of a financing delay. The board approved the SLUP on 11/20/2018 for his client to convert the old Payless Tire Store into a convenience store/gas station at 806 E. Napier Ave. (11-03-0031-0039-05-04). SLUP’s expire one (1) year from date of approval. Motion by Trustee Scarbrough; seconded by Trustee Yates to approve the SLUP extension request. Motion was carried unanimously by roll call vote.

Next was the Berrien County Information Systems 2020-2021 annual tax processing services agreement; 2020 - $10,461 plus increase in BS&A software cost (1.024); 2021 - $10,461 plus estimated increase in BS&A software cost (1.019). Motion by Clerk Phillips; seconded by Trustee Scarbrough to approve the Berrien County Information Systems 2020-2021 annual tax processing services agreement. Motion was carried unanimously by roll call vote.

Payment of the bills. Motion by Trustee Yates; seconded by Trustees Scarbrough and Hudson to approve payment of the bill listing totaling $256,019.39 as follows: General Fund-$61,838.48; Fire Fund-$6,969.25; Police Fund-$14,803.67; Sewer Fund-$126,101.47; Water Fund-$29,013.77; Public Safety Fund-$2,481.67; Equipment & Replacement-$5,241.08; Rental Ordinance Fund-$9,570.00. Motion was carried unanimously by roll call vote.

There was no Public Comments.

Under Board Members Comments: Thoughts and prayers for Trustee Carolyn Fowler.

The meeting was adjourned at 5:42 p.m.

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November 18, 2019

Notice of Public Hearing

Higman Park Hill #1 Paving Project Amended Special Assessment Roll

Township of Benton (Berrien County, Michigan)

TO THE RESIDENTS AND PROPERTY OWNERS OF HIGMAN PARK HILL #1, TOWNSHIP

OF BENTON, BERRIEN COUNTY, MICHIGAN AND ANY OTHER INTERESTED PERSONS:

PLEASE TAKE NOTICE that the Township Board will conduct a public hearing at the Township

Hall, 1725 Territorial Road, Benton Harbor, Michigan on December 3, 2019 at 5:30 p.m. to

consider approval of the amended Special Assessment Roll for the purpose of specially

assessing the thirty-five (35) benefited properties for the cost of paving Higman Park Hill #1.

PLEASE TAKE FURTHER NOTICE that the Township has received an amended paving cost

estimate, in the amount of $102,537.00, which is on file and may be examined at the Township

Assessor’s office, 1725 Territorial Road, Benton Harbor, MI 49022. The Township hereby

declares its intent to approve the amended Special Assessment Roll and finds the special

assessment roll to be in compliance with statutory requirements. The Higman Park Hill #1

Paving Amended Special Assessment Roll will be assessed as follows: $2,929.63 per parcel for

10 years (10 equal principal installments of $292.96) plus 4% interest. If the amended special

assessment roll is approved final costs will be determined after project bids are received. If the

cost estimate increases by more than 10%, notice of a redetermination hearing will be mailed to

property owners.

PLEASE TAKE FURTHER NOTICE that at the public hearing, the Township Board will consider

any written objections to any of the foregoing matters which might be filed with said Board at or

prior to the time of said public hearing as well as any revisions, corrections, amendments, or

changes to said Amended Special Assessment Roll. Appearance and protest at the public

hearing is required in order to appeal the amount of the amended special assessment to the

State Tax Tribunal. An owner or party in interest or his or her agent may appear in person at

the hearing to protest the amended special assessment, or shall be permitted to file his or her

appearance or protest by letter received at or before the public hearing.

All interested persons are invited to be present at the aforesaid time and place and to submit

comments concerning any of the foregoing.

Benton Charter Township will provide necessary reasonable auxiliary aids and services, such as

signers for the hearing impaired and audio tapes of printed materials being considered at the

meeting, to individuals with disabilities at the meeting upon five (5) days’ notice to: Carolyn

Phillips, Township Clerk, 1725 Territorial Road, Benton Harbor, MI 49022 (269) 925-0616.

Carolyn Phillips, Township Clerk

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RESOLUTION


WHEREAS, the Benton Charter Township Board, Berrien Cunty, Michigan, after due and legal notice, has conducted a public hearing on an amended assessment roll prepared by the assessing officer of the Township for the purpose of defraying the costs of paving within the Special Assessment District as shown on the plans and specifications for such project; and, WHEREAS, such public hearing was preceded by proper notice in the Herald Palladium, a newspaper of general circulation in the Township, and by first-class notice to each property owner of record within said district and upon said assessment roll (listing attached); and WHEREAS, a hearing was held the 3rd day of December, 2019 commencing at 5:30 p.m. comments were received from those present at such public hearing concerning said assessment roll and opportunity to all present to be heard in the mater; and, WHEREAS, no written objections were received to said roll and levy as record of anyone present to protest, and any written protests submitted at or before the public hearing were made a part of the minutes of the hearing; and, WHEREAS, the Benton Charter Township Board has reviewed the proposed amended assessment roll and considered all comments thereto and has found the proposed amended assessment roll, as presented, to be correct, just and reasonable; and, NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The amended assessment roll submitted by the Benton Charter Township Assessor shall hereafter be designated as Higman Park Hill #1 Paving Project Amended Special Assessment Roll and shall hereby be confirmed as the assessment roll for said district.

2. The assessments in said Higman Park Hill #1 Paving Project Amended Special Assessment Roll

shall be divided int (10) equal annual installments of principal to be placed on the property tax roll each year commencing with the 2020 winter roll and each and every year thereafter. All unpaid installments, as provided by Michigan Public Act of 1954, as amended, shall bear interest payable annually on each installment due at the rate of 4% per annum commencing on the first installment due date hereinbefore set forth. Any payments made before such first installment due date shall not bear any such interest.

3. Future due installments of an assessment against any parcel of land may be paid to the Township Treasurer at any time in full with interest accrued through the month in which the final installment is paid in accordance with the Michigan Public Act 188 of 194, as amended. If any installment of an amended special assessment is not paid when due then the installment shall be considered to be delinquent and there shall be collected, in addition to interest as provided by this section, a penalty at the rate of 1% for each month, or fraction of a month, that the installment remains unpaid before being reported to the Township Board for reassessment upon the Township tax roll, also in accordance with said PA 188.

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4. The assessments made in said amended special assessment roll are hereby ordered and directed to be collected by the Township Treasurer, and the Township Clerk shall deliver said amended special assessment roll to said Treasurer with her warrant attached, commanding the Treasurer to collect such assessments in accordance with the direction of the Township Board and said PA 188.

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

Upon roll call vote on the adoption of the resolution, the following voted: Ayes: Nays: Absent: RESOLUTION ADOPTED.

CERTIFICATION The duly elected and acting Clerk of Benton Charter Township hereby certifies that the foregoing constitutes a true copy of a Resolution adopted at a regular meeting of the Benton Charter Township Board, Berrien County, Michigan, held on December 3, 2019, as indicated in said minutes and voted as therein set forth; that said meeting was held in accordance with the Open Meetings Act of the State of Michigan; and the foregoing excerpt contains all material pertinent to the Higman Park Hill #1 Amended Special Assessment Roll. _____________________________ Carolyn Phillips, Township Clerk

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November 18, 2019

Notice of Public Hearing


Township of Benton (Berrien County, Michigan)

TO THE RESIDENTS AND PROPERTY OWNERS OF HIGMAN PARK HILL #2, TOWNSHIP

OF BENTON, BERRIEN COUNTY, MICHIGAN AND ANY OTHER INTERESTED PERSONS:

PLEASE TAKE NOTICE that the Township Board will hold a public hearing at the Township

Hall, 1725 Territorial Road, Benton Harbor, Michigan on December 3, 2019 at 5:30 p.m. to

consider approval of the amended Special Assessment Roll for the purpose of specially

assessing the twenty-five (25) benefited properties for the cost of paving Higman Park Hill #2.

PLEASE TAKE FURTHER NOTICE that the Township has received an amended paving cost

estimate, in the amount of $124,628.25, which is on file and may be examined at the Township

Assessor’s office, 1725 Territorial Road, Benton Harbor, MI 49022. The Township hereby

declares its intent to approve the Amended Special Assessment Roll and finds the amended

special assessment roll to be in compliance with statutory requirements. The Higman Park Hill

#2 Paving Amended Special Assessment Roll will be assessed as follows: $4,985.13 per parcel

for 10 years (10 equal principal installments of $498.51) plus 4% interest. If the amended

special assessment roll is approved final costs will be determined after project bids are received.

If the cost estimate increases by more than 10%, notice of a redetermination hearing will be

mailed to property owners.

PLEASE TAKE FURTHER NOTICE that at the public hearing, the Township Board will consider

any written objections to any of the foregoing matters which might be filed with said Board at or

prior to the time of said public hearing as well as any revisions, corrections, amendments, or

changes to said Amended Special Assessment Roll. Appearance and protest at the public

hearing is required in order to appeal the amount of the amended special assessment to the

State Tax Tribunal. An owner or party in interest or his or her agent may appear in person at

the hearing to protest the amended special assessment, or shall be permitted to file his or her

appearance or protest by letter received at or before the public hearing.

All interested persons are invited to be present at the aforesaid time and place and to submit

comments concerning any of the foregoing.

Benton Charter Township will provide necessary reasonable auxiliary aids and services, such as

signers for the hearing impaired and audio tapes of printed materials being considered at the

meeting, to individuals with disabilities at the meeting upon five (5) days’ notice to: Carolyn

Phillips, Township Clerk, 1725 Territorial Road, Benton Harbor, MI 49022 (269) 925-0616.


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RESOLUTION


WHEREAS, the Benton Charter Township Board, Berrien Cunty, Michigan, after due and legal notice, has conducted a public hearing on an amended assessment roll prepared by the assessing officer of the Township for the purpose of defraying the costs of paving within the Special Assessment District as shown on the plans and specifications for such project; and, WHEREAS, such public hearing was preceded by proper notice in the Herald Palladium, a newspaper of general circulation in the Township, and by first-class notice to each property owner of record within said district and upon said assessment roll (listing attached); and WHEREAS, a hearing was held the 3rd day of December, 2019 commencing at 5:30 p.m. comments were received from those present at such public hearing concerning said assessment roll and opportunity to all present to be heard in the mater; and, WHEREAS, no written objections were received to said roll and levy as record of anyone present to protest, and any written protests submitted at or before the public hearing were made a part of the minutes of the hearing; and, WHEREAS, the Benton Charter Township Board has reviewed the proposed amended assessment roll and considered all comments thereto and has found the proposed amended assessment roll, as presented, to be correct, just and reasonable; and, NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The amended assessment roll submitted by the Benton Charter Township Assessor shall hereafter be designated as Higman Park Hill #2 Paving Project Amended Special Assessment Roll and shall hereby be confirmed as the assessment roll for said district.

2. The assessments in said Higman Park Hill #2 Paving Project Amended Special Assessment Roll

shall be divided int (10) equal annual installments of principal to be placed on the property tax roll each year commencing with the 2020 winter roll and each and every year thereafter. All unpaid installments, as provided by Michigan Public Act of 1954, as amended, shall bear interest payable annually on each installment due at the rate of 4% per annum commencing on the first installment due date hereinbefore set forth. Any payments made before such first installment due date shall not bear any such interest.

3. Future due installments of an assessment against any parcel of land may be paid to the Township Treasurer at any time in full with interest accrued through the month in which the final installment is paid in accordance with the Michigan Public Act 188 of 194, as amended. If any installment of an amended special assessment is not paid when due then the installment shall be considered to be delinquent and there shall be collected, in addition to interest as provided by this section, a penalty at the rate of 1% for each month, or fraction of a month, that the installment remains unpaid before being reported to the Township Board for reassessment upon the Township tax roll, also in accordance with said PA 188.

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4. The assessments made in said amended special assessment roll are hereby ordered and directed to be collected by the Township Treasurer, and the Township Clerk shall deliver said amended special assessment roll to said Treasurer with her warrant attached, commanding the Treasurer to collect such assessments in accordance with the direction of the Township Board and said PA 188.

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

Upon roll call vote on the adoption of the resolution, the following voted: Ayes: Nays: Absent: RESOLUTION ADOPTED.

CERTIFICATION The duly elected and acting Clerk of Benton Charter Township hereby certifies that the foregoing constitutes a true copy of a Resolution adopted at a regular meeting of the Benton Charter Township Board, Berrien County, Michigan, held on December 3, 2019, as indicated in said minutes and voted as therein set forth; that said meeting was held in accordance with the Open Meetings Act of the State of Michigan; and the foregoing excerpt contains all material pertinent to the Higman Park Hill #2 Amended Special Assessment Roll. _____________________________ Carolyn Phillips, Township Clerk

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BENTON CHARTER TOWNSHIP Notice of Public Hearing Regarding Higman Park Hill #1 & #2

Paving Project Special Assessment Rolls

Please take notice that the Benton Charter Township board will hold a public hearing on the Higman Park Hill #1 & #2 Paving Project Special Assessment Rolls. Date of Meeting: December 3, 2019 Time of Meeting: 5:30 p.m. Place of Meeting: Benton Charter Township Hall

1725 Territorial Road Benton Harbor, MI 49022

Purpose of Meeting: Approval of the Higman Park Hill #1 & #2 Paving Project Special Assessment Rolls. A copy of the paving cost estimate is available for public inspection at the Benton Charter Township Assessor’s Office, 1725 Territorial Road, Benton Harbor, Michigan 49022 during normal business hours. Benton Charter Township will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities at the meeting upon five (5) days’ notice to the Benton Charter Township Clerk by writing or calling the following: Carolyn Phillips, Clerk Benton Charter Township 1725 Territorial Road Benton Harbor, MI 49022 (269) 925-0616 Advertised: Tuesday, November 26, 2019 Publication: Herald Palladium/Legal Ad

Affidavit Required

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Michael MoyerDirector Wine and Viticulture,Lake Michigan College2755 E. Napier Ave.Benton Harbor Ml 49022,

November 14 2019,Carolyn PhillipsBenton Charter Township1725 Territorial Rd.Benton Harbor Ml 49022,

Re: Lake Michigan College request for Class C liquor license for Culinary Department

Dear Ms. Phillips,

At this time, Lake Michigan College is requesting approval from Benton Charter Township for a Class C liquor license for its Hospitality and Culinary Management Program. As part of their education, students of Lake Michigan College's Hospitality and Culinary Management program will operate a full service restaurant, with limited hours. As a part of restaurant operations, service of alcoholic beverages is sometimes appropriate. A Class C liquor licensenecessary for this function.

To this end, Michigan law allows for culinary programs of accredited institutions of higher learning to obtain a Class C liquor license for the service and sale of alcoholic beverages. Michigan code requires local municipal approval for such a license.

Some time ago, Lake Michigan College went to Benton Charter Township to request approval for a Class C license for what was to be at the time the new Wine and Culinary Education Center. The Township Board granted thisrequest. However, the cost of locating both the Wine program and the Culinary program in the same building proved tobe well beyond the college's budget. Because of this, Lake Michigan College did not pursue the Class C license any further with the Michigan Liquor Control Commission.

Instead, a decision was made to locate the Hospitality and Culinary Management program and restaurant in the main academic building of the Napier campus. Specifically, the plan is for the program to be located in a newlyrenovated portion of the third floor of the L-wing in the main academic building. It is for a class C license for this space that Lake Michigan College seeks approval of the Township Board. As alcoholic beverage service is an important part of restaurant operations, the College believes that the class C license is essential to the academic program and the education of its students.

I would be happy to answer any additional questions that you might have. Thank you for your consideration.

Respectfully,

Michael Moyer

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BENTON CHARTER TOWNSHIP

COUNTY OF BERRIEN, STATE OF MICHIGAN

RESOLUTION TO AMEND WATER AND SANITARY SEWER

SERVICE RATES FOR PER UNIT USAGE

WHEREAS, Section 74-1 of the Township Ordinances states that the rates to be charged for water

service furnished by the system and for sanitary sewer usage shall be as set from time to time by

resolution of the township board; and,

WHEREAS, the rate changes are deemed necessary to offset the costs of providing such services;

NOW, THEREFORE, BE IT RESOLVED THAT the Benton Charter Township Board does hereby

establish the following rate changes, effective January 1, 2020 and upon January 1 of each subsequent

year listed below.

Water Service Provided Current Rate / Fee New Rate / Fee Jan. 1

Per Unit of Usage

$3.85 / 100 cf 2020 - $4.44 / 100 cf 2021 - $4.64 / 100 cf 2022 - $4.85 / 100 cf 2023 - $5.06 / 100 cf 2024 - $5.29 / 100 cf 2025 - $5.53 / 100 cf

Monthly Service Charge $6.19 / month 2020 - $7.13 / month 2021 - $7.46 / month 2022 - $7.79 / month 2023 - $8.14 / month 2024 - $8.51 / month 2025 - $8.89 / month

Sewer Service Provided Current Rate / Fee New Rate / Fee Jan. 1

Per Unit of Usage

$2.80 / 100 cf 2020 - $3.22 / 100 cf 2021 - $3.36 / 100 cf 2022 - $3.52 / 100 cf 2023 - $3.67 / 100 cf 2024 - $3.84 / 100 cf 2025 - $4.01 / 100 cf 2026 - $4.19 / 100 cf 2027 - $4.38 / 100 cf 2028 - $4.58 / 100 cf 2029 - $4.79 / 100 cf

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Flat Rate Monthly $29.00 / month

2020 - $33.35 / month 2021 - $34.85 / month 2022 - $36.42 / month 2023 - $38.06 / month 2024 - $39.77 / month 2025 - $41.56 / month 2026 - $43.43 / month 2027 - $45.38 / month 2028 - $47.43 / month 2029 - $49.56 / month

School Rate Monthly $1.04 / month 2020 - $1.20 / month 2021 - $1.25 / month 2022 - $1.31 / month 2023 - $1.36 / month 2024 - $1.43 / month 2025 - $1.49 / month 2026 - $1.56 / month 2027 - $1.63 / month 2028 - $1.70 / month 2029 - $1.78 / month

Ayes:

Nays:

CERTIFICATE

The duly elected and acting Clerk of Benton Charter Township hereby certifies that the foregoing constitutes a true copy of a Resolution adopted at a regular meeting of the Benton Charter Township Board, Berrien County, Michigan, held on December 3, 2019, at which meeting all members were present as indicated in said minutes and voted therein set forth; that said meeting was held in accordance with the Open Meetings Act of the State of Michigan.

______________________________


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BENTON CHARTER TOWNSHIP COUNTY OF BERRIEN, STATE OF MICHIGAN

RESOLUTION APPROVING MUNICIPAL PURCHASE AGREEMENT

AND ACT 99 INSTALLMENT PURCHASE AGREEMENTS

Minutes of a regular meeting of the Township Board of Benton Charter Township, County of Berrien, State of Michigan, held on the ___ day of December, 2019, at 5:30pm. PRESENT: ABSENT: The following preamble and resolution were offered by Clerk Carolyn Phillips and supported by Treasurer Boothby:

WHEREAS, the Township Board of Benton Charter Township (the "Township") determines it to be necessary for the public health, safety and welfare of the Township and its residents to acquire equipment, specifically a trash truck, to be used by the Township Public Works department; and, WHEREAS, under the provisions of Act No. 99, Public Acts of Michigan, 1933, as amended ("Act 99"), the Township Board is authorized to enter into any contract or agreement for the purchase of equipment for public purposes, to be paid for in installments over a period of time not to exceed the useful life of the property acquired as determined by resolution of the Township Board; and, WHEREAS, the outstanding balance of all such purchases by the Township under the Act 99, exclusive of interest, shall not exceed one and one quarter percent (1-1/4%) of the equalized assessed value of the real and personal property of the Township at the date of such contract or agreement; and, WHEREAS, the acquisition of the Equipment pursuant to a municipal purchase agreement and Act 99 Installment Purchase Agreements will not result in the outstanding balance of all such purchases in excess of the limitation contained within Act 99 as set forth above; and, WHEREAS, the Township has received an offer for funding the purchase of the Equipment from Chemical Bank (“Chemical"); and, WHEREAS, a form of Municipal Purchase Agreement (the "Agreement") and Act 99 Installment Purchase Agreements have been prepared setting forth the terms and provisions of the sale of the Equipment to the Township and the payment by the Township therefor, and it is the desire of the Township Board to approve the purchase of the Equipment and to approve the general terms of the financing thereof as set forth in the Agreements and the execution thereof, subject to the completion of negotiations with the parties pertaining to the Agreement on the timing of the purchases.

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NOW, THEREFORE, BE IT RESOLVED THAT:

1. The Agreements are hereby approved substantially in the form attached as Appendix A hereto with such additions, changes and modifications as shall be approved by the Township Clerk and Township Treasurer. The Township Clerk, Township Treasurer and the Township are hereby authorized and directed to execute the Agreement when in final form and deliver it to Chemical.

2. The useful life of the Equipment is hereby determined to be not less than five (5) years.

3. The Township Clerk, and Township Treasurer, or either of them, are each hereby directed and

authorized to execute such additional documentation as shall be necessary to effectuate the closing contemplated by the Agreements and the assignments thereof.

4. The Township hereby agrees to include in its budget for each year, commencing with the

present fiscal year, a sum which will be sufficient to pay the principal of and the interest coming due under the Agreements before each following fiscal year. In addition, the Township hereby pledges to levy ad valorem taxes on all taxable property in the Township each year in an amount necessary to make its debt service payments under the Agreements, subject to applicable constitutional, statutory and charter tax rate limitations.

5. The Township hereby designates its obligations under the Agreement as "qualified tax exempt

obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986 as amended (the "Code").

6. The Township covenants that, to the extent permitted by law, it shall take all actions within its

control necessary to maintain the exclusion of the interest component of the payments due under the Agreement from adjusted gross income for general federal income tax purposes under the Code including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable.

7. The acquisition of the Equipment and the approval of the Agreements hereby are found and

declared to be for valid public purpose and in the best interest of the health and welfare of the residents of the Township.

8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this

resolution be and the same hereby are rescinded to the extent of such conflict. AYES: NAYS: RESOLUTION DECLARED ADOPTED. ________________________ Carolyn Phillips, Township Clerk

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CERTIFICATION

I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the

Township Board of Benton Charter Township, County of Berrien, State of Michigan, at a regular meeting held on December ___, 2019, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. ________________________ Carolyn Phillips, Township Clerk

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MUNICIPAL PURCHASE CONTRACT

THIS MUNICIPAL PURCHASE CONTRACT (the “Contract”), dated as of November ___, 2019, by

and between BENTON CHARTER TOWNSHIP, 1725 Territorial Road, Benton Harbor, Michigan 49022, a

Michigan municipal corporation, (the “Township”), the Vendors as set forth in the Addendum A which is

attached hereto and incorporated herein, and Chemical Bank, 720 Pleasant Street, St. Joseph, Michigan

49085, (“Chemical”), as assignee of the Vendors, is as follows:

1. Purchase Price. The Township agrees to purchase certain equipment from the Vendor for the

purchase price set forth in the Act 99 Installment Purchase Agreement and Assignment Agreement of

Obligations of Benton Charter Township to Chemical, as set forth in Addendum A, attached hereto and

incorporated herein by reference. The total price of all equipment is $280,241.60.

The Total Purchase Price shall be payable in principal installments on the dates set forth on Exhibit

A attached hereto. Additionally, the Township shall pay interest on the unpaid balance of the Purchase

Price to Chemical as the assignee of the Act 99 Installment Purchase Agreements at the interest rate per

annum set forth on Exhibit A attached hereto, computed on the actual number of days elapsed over an

assumed year of 360 days. Such interest shall be paid from the date hereof (the “Delivery Date”) on the

unpaid principal balance of this Contract on the date Chemical deposits the sum of $280,241.60 into the

Escrow Fund to be established pursuant to Section 2 of this Contract. The payments shall first be applied

to interest and then to the principal remaining unpaid hereunder. All payments by the Township shall be

made to Chemical, as assignees of Vendors. It is hereby expressly acknowledged that the Township shall

have the right to prepay any amounts owed or owing under this Contract in inverse order of maturity

without any premium or penalty.

2. Escrow Account. There is hereby established with Chemical, as Escrow Agent, an escrow

account to be denominated “Benton Charter Township Sanitary Equipment Escrow Account (the “Escrow

Account”),” into which Escrow Account there shall be deposited the sum of $280,241.60 received by the

Escrow Agent from Chemical. The proceeds of such Escrow Account shall be used to make payments to

the Vendors in accordance with the Act 99 Installment Purchase Agreements. Chemical hereby consents

to the Township’s directions for the investment of moneys in the Escrow Account in investments which,

if such funds were Township funds, would be lawful investments under Michigan law. Any moneys earned

as a result of such investments shall remain in the Escrow Account until all payments required to be made

hereunder to Vendors have been made, and after such date of final payment, all sums remaining shall be

forwarded to the Township directly by the Escrow Agent and used solely and only by the Township on the

next interest payment date for debt service payments.

3. Indemnification of Escrow Agent. The Escrow Agent shall be indemnified and held harmless

by the Township from any and all losses, costs, damages, expenses, and claims, including reasonable

attorney fees, which Escrow Agent may incur or sustain as a result of or arising out of this Contract

including any litigation arising from performance of its duties hereunder, and the parties hereto will pay

them on demand, except for all losses, costs, damages, expenses, and claims, including reasonable

attorney fees, resulting from the gross negligence or willful misconduct of the Escrow Agent. Such

indemnification shall survive termination of this Contract until extinguished by any applicable statute of

limitations.

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4. Limitation of Liability of Escrow Agent. The duties and obligations of the Escrow Agent

hereunder shall be determined solely by the express provisions of this Contract. The Escrow Agent shall

not be liable or responsible for any act done or step taken or omitted by it or any mistake of fact or law

or for anything which it may do or refrain from doing, except for its gross negligence, willful misconduct,

or willful default or failure in the performance of any obligation imposed upon it hereunder. Escrow Agent

shall not be charged with knowledge of any fact, including but not limited to performance or

nonperformance of any condition, unless it has actually received written notice thereof from a party

hereto or its authorized representative clearly referring to this Contract.

The Escrow Agent may conclusively rely upon and shall be protected in acting upon any statement,

certificate, notice, request, consent, order, or other document submitted to it pursuant to this Contract

and shall have no duty to inquire into its genuineness, correctness, sufficiency, or validity, or to require

substantiating evidence of any kind.

5. Escrow Agent’s Expenses. The Escrow Agent shall only be reimbursed for all disbursements

and expenses made or incurred hereunder, and only if it shall be required to perform extraordinary

services not contemplated herein, shall it receive reasonable compensation therefor. The Escrow Agent

shall not be required to institute or maintain litigation unless indemnification to its satisfaction for its

counsel fees, costs, disbursements, and all other costs, expenses and liabilities to which it may in its

judgment be subjected in connection with such action.

6. Termination of Escrow Agent’s Duties. The duties and responsibilities of the Escrow Agent

shall terminate upon the final payment from the Escrow Agent.

7. Disagreement. If at any time a disagreement shall exist as to the duties of the Escrow Agent

under the terms hereof or a disagreement between any of the parties hereto results in conflicting or

adverse claims or demands being made in connection with the escrow deposit held by the Escrow Agent

hereunder, the Escrow Agent shall be entitled, at its option, to refuse to comply with any such claims or

demands so long as the disagreement shall continue, and in so doing the Escrow Agent shall not become

liable in any way to any person for its failure or refusal to comply with such conflicting or adverse claims

or demands until: the rights of all claimants have been finally adjudicated by a court of competent

jurisdiction evidenced by a certified copy of such final judgment together with written evidence that any

right of appeal has expired, or a written agreement is reached by and between all disputing parties,

satisfactory to the Escrow Agent, and a copy of such agreement signed by all disputing parties shall be

given to the Escrow Agent.

8. Resignation of Escrow Agent. The Escrow Agent may resign as such following the giving of

thirty days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed

and replaced following the giving of thirty days prior written notice to the Escrow Agent by the other

parties hereto. In either event, the duties of the Escrow Agent shall terminate thirty days after the date

of such notice (or as of such earlier date a may be mutually agreeable); and the Escrow Agent shall then

deliver the balance of the Escrow Account then in its possession to a Successor Escrow Agent as shall be

appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent, or if

no Successor Escrow Agent has been so appointed, the then acting Escrow Agent shall deliver the balance

of the Escrow Account then in its possession to the Township to be held in a separate account by the

Township, provided, however, that if the Township has not made any of its required principal and/or

interest payments hereunder to Chemical, such balance of the Escrow Account shall be held unapplied by

36

Page 3 of 4

Chemical until the appointment of a Successor Escrow Agent. Upon acknowledgment by any successor

Escrow Agent of the receipt of the then remaining balance of the Escrow Account, the then acting Escrow

Agent shall be fully released and relieved of all duties, responsibilities, and obligations under this Contract.

9. Security and Tax Covenant. The obligation of the Township to pay principal and interest under

this Contract is a general obligation of the Township. The Township shall include in its budget and pay

each year, until this Contract is paid in full, such sum as may be necessary each year to make all payments

hereunder, when due. The Township covenants that it shall comply with all requirements of the Internal

Revenue Code of 1986, as amended, that must be satisfied subsequent to delivery of this Contract in order

that interest thereon be (or continue to be) excluded from gross income for federal income tax purposes.

The Township has designated the obligations under this Contract as “qualified tax-exempt obligations” for

purposes of deduction of interest expense by financial institutions.

10. Governing Law. This Contract shall be construed under the laws of the State of Michigan.

This agreement is made in accordance with and pursuant to Act 99, Public Acts of Michigan of 1933, as

amended.

11. Attachments. The following attachments are hereby incorporated and made a part of this

Contract:

Exhibit A – Amortization Schedule

Exhibit B – Addendum A – Act 99 Installment Purchase Agreements and Assignment

Agreements of Obligations of Benton Charter Township to Chemical.

12. Severability. If any provision of this Contract is held to be in conflict with any applicable

statue or rule of law or is otherwise held to be unenforceable for any reason whatsoever, such

circumstances shall not have the effect of rendering such provision inoperative or unenforceable in any

other case or circumstance, or of rendering any other provision or provisions of this Contract invalid,

inoperative, or unenforceable to any extent whatsoever.

13. Entire Contract. This Contract and the Act 99 Installment Purchase Agreements and

Assignment Agreements of Obligations of Benton Charter Township to Chemical constitute the entire

agreement of the parties hereto. All prior or contemporaneous agreements, understandings,

representations, and statements, oral or written, are hereby terminated.

14. Notices. Any declarations, notices, or papers necessary and proper to enforce this Contract

shall be delivered to the Township by first-class postage fully prepaid, addressed to Township, Attention:

Township Clerk and to Chemical at the address set forth in the recitals of this Municipal Purchase Contract

or at the latest other address which may have been specified by such parties and receipted for in writing

by the other party and such envelope shall be deposited in the Unites States Government mail.

15. Time of the Essence and Reports. Time shall be deemed of the essence of this Municipal

Purchase Contract. In addition, the Township agrees to furnish to Chemical so long as this Contract is in

force, copies of its annual audit as soon as the same is made available to the Township.

16. Successors and Assigns. The covenants and agreements herein shall bind the heirs,

beneficiaries, assigns and successors of the respective parties.

37

Page 4 of 4

17. Amendments. Any attempt to modify the terms of this Contract or of any supporting

document shall be ineffectual unless in writing, signed by both parties.

18. Counterparts. This Contract shall be effective immediately upon execution; provided,

however, that the assignment to Chemical of Vendor’s interest in the Act 99 Installment Purchase

Agreements and the payment obligations of the Township to Chemical, shall be effective on the Delivery

Date.

BENTON CHARTER TOWNSHIP ________________________________ Carolyn Phillips, Its Clerk ________________________________ Debra Ann Boothby, Its Treasurer CHEMICAL BANK As Assignee and as Escrow Agent

_______________________________

Its:

38

Page 1 of 2

ASSIGNMENT AGREEMENT OF OBLIGATION OF

TOWNSHIP TO CHEMICAL BANK

This Assignment Agreement is made this ___ day of November, 2019, by and between

Fredrickson Supply, 3705 Linden Ave, S.E., Wyoming, Michigan (hereinafter Vendor); Chemical

Bank (hereinafter Chemical) and Benton Charter Township, a municipal corporation, (hereinafter

Township);

WITNESSETH:

WHEREAS, Vendor has entered into a Contract with the Township dated November ___,

2019, for the purchase of a 31 Yard Labrie Long Reach Helping Hand – Mount on a 2020

Freightliner M2-106 Chassis (hereinafter equipment) from the Vendor by the Township which is

attached hereto and hereby made a part hereof; and,

WHEREAS, Vendor wishes to assign the Township's payment obligation under said

Contract with Vendor to Chemical in return for the receipt of payment by the Vendor from

Chemical; and,

WHEREAS, Chemical is willing to accept the assignment of said Township's contractual

obligation to Vend or as security for making payments to Vendor upon delivery of the equipment:

and,

WHEREAS, the Township's payment obligations to Vendor under said Contract will

thereupon be due and payable by the Township to Chemical;

NOW, THEREFORE, in consideration of the premises and the covenants and conditions

hereinafter contained, it is hereby agreed by and between the parties as follows:

1. Vendor hereby assigns and transfers all its right, title, and interest in and to payments due

from the Township to Vendor for the equipment as set forth in the Contract between

Vendor and the Township attached hereto dated November ___, 2019.

2. In consideration of said assignment, Chemical hereby covenants and agrees to disburse to

Vendor the sum of $140,120.80 upon delivery of the chassis to Vendor and the balance of

$140,120.80 upon delivery of the equipment to the Township.

3. Upon disbursement of the $280,241.60 due Vendor under said Contract with the

Township, the Township shall thereupon be obligated to pay its contractual indebtedness

to Vendor to Chemical as assignee of the Vendor and no further sums shall be due to the

Vendor from the Township or Chemical.

4. The Township's payment obligations hereunder to Chemical are and will continue to be

free from all defenses, setoffs, claims, or counter-claims against Chemical. The foregoing,

however, shall not be construed to waive any that might exist against the Vendor under the

construction Contract.

39

Page 2 of 2

IN WITNESS WHEREOF, the parties hereto have executed this Act 99 Installment

Purchase Agreement by its duly authorized representatives on the day and date first above

written.


_______________________________

Carolyn Phillips,

Its Clerk

_______________________________

Debra Ann Boothby,

Its Treasurer

CHEMICAL BANK

As Assignee and as Escrow Agent

__________________________________

Its

VENDOR

FREDRICKSON SUPPLY

___________________________________

Its

40

ACT 99 CERTIFICATE

The undersigned, the duly authorized and qualified Treasurer of Benton Charter Township, County of

Berrien, State of Michigan (the “Township”), in connection with the execution by the Township of the

$280,241.60 Municipal Purchase Contract (the “Contract”), by and between the Township, Chemical Bank

and Vendors as set forth in said Municipal Purchase Contract, hereby certifies as follows:

The outstanding balance of all purchases of lands, property, or equipment for public purposes, to be paid

for in installments, including purchases made pursuant to the Contract, exclusive of interest, is not more

than $280,241.60.

The Taxable Value of the real and personal property of the Township as of the date of the Contract is

$$280,241.60.

The amount set forth in paragraph 1 hereof does not exceed the one and one-quarter (1-1/4%) of the

amount set forth in paragraph 2 hereof.

Dated: November ___, 2019

By: _______________________

Debra Ann Boothby, Treasurer

41

Page 1 of 4

ADDENDUM A


BERRIEN COUNTY, MICHIGAN

ACT 99 INSTALLMENT PURCHASE AGREEMENT

THIS INSTALLMENT PURCHASE AGREEMENT made and executed on this ___

day of November, 2019 (hereinafter Agreement), by and between Benton Charter Township,

Berrien County, Michigan, organized and existing under the Constitution and laws of the State of

Michigan (hereinafter Township), and Fredrickson Supply, a Michigan limited liability

corporation, of 3705 Linden Ave SE, Wyoming, Michigan 49548 (hereinafter "Vendor").

WITNESSETH:

WHEREAS, the Township desires to acquire One (1) 31 Yard Labrie Long Reach Helping

Hand – Mounted on a 2020 Freightliner M2-106 Chassis, through a purchase agreement with

Vendor; and,

WHEREAS, the Township desires to pay for such acquisition substantially through an

Installment Purchase Agreement as authorized by Act 99 of the Public Acts of Michigan of 1933,

as amended; and

WHEREAS, Vendor is willing to provide the required funding for such construction

through an Installment Purchase Agreement for the balance of the equipment purchase price;

NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE

COVENANTS AND CONDITIONS HEREINAFTER CONTAINED, it is hereby agreed

between the parties hereto as follows:

Section 1. Definitions. The following terms wherever used in this Agreement shall have

the following meanings, unless the context shall indicate another or different meaning:

Act 99 means Act 99 of the Public Acts of Michigan of 1933, as amended.

Agreement means this Installment Purchase Agreement by and between the Township and

the Contractor.

Code means the Internal Revenue Code of 1986, as amended. Reference to the Code shall

also include applicable regulations and proposed regulations thereunder and any successor

provisions thereof.

Section 2. Agreement Documents. The agreement documents pertinent to the within

agreement consists of the Vendor’s quote for a 31 Yard Labrie Long Reach Helping Hand –

Mount on a 2020 Freightliner M2-106 Chassis, as specified in the specifications dated July 18,

42

Page 2 of 4

2019, a copy of which is attached hereto and incorporated herein, purchase order and such other

documents pertinent to the equipment purchase.

Section 3. Delivery date. The Vendor agrees to deliver the equipment on or before

____________, 2020

Section 4. Purchase Price and Method of Payment. The Township shall make payment to

the Vendor in the sum of $280,241.60 on the date of final delivery of the equipment to the Town

ship.

Section 5. Conditions of Vendor' s Assignment. If the Vendor assigns the Township's

obligation under the within Agreement to a third party, such as but not limited to United Federal

Credit Union, the Township upon notification of such assignment shall make all payments directly

to such third party at such place as said third party may from time to time designate. The Vendor

shall not be an agent of the third party for any purpose and shall not have the authority to change

or modify the within Agreement or any related document or instrument in any way which would

affect such payment obligation without the approval of both the Township and any third-party

assignee. The Township's payment obligation to such third-party assignee under this Agreement

shall not be subject to any claim, defense, setoff, or counter-claim that the Township may now or

hereafter have against the Vendor. The Vendor, however, shall remain subject to any of such

Township claims or defenses which shall not be eliminated or decreased by the afore said Vendor

's assignment.

The Township represents to Vendor and to any third-party assignee of Vendor that the

interest due under the within Agreement is tax exempt within the meaning of Section 265(b)(3)

(8) of the Internal Revenue Code of 1986. If for any reason such interest is held not be tax exempt

causing the Vendor or its third-party assignee to pay income taxes upon such interest, interest due

under such Installment Purchase Agreement shall be recomputed from the date interest payments

accrue under said Agreement and shall be converted to tax equivalent rate of 3%.

If there is a change in the Code or regulations or in the interpretation thereof by any court,

administrative authority, or other governmental authority, (other than an event of taxability as

described above) which takes effect after the date of this letter and which changes the effective

yield on the Agreement to Vendor or its assignee including but not limited to changes in federal

income tax rates, the interest rate on the Agreement shall change accordingly to compensate for

such change in effective yield on the Agreement.

Section 6. Township Warranties. This Contract constitutes the valid and binding obligation

of the Township, enforceable in accordance with its terms. The Township further warrants and

represents that the Town ship is a municipal corporation duly organized and validly existing and

in good standing under MCL §42. 1, as amended, and that the Township has full power and

authority to enter into and perform its obligations under this Contract; that the execution, delivery

and performance thereof by the Township have been duly authorized by appropriate action of the

Township Board and will not violate any provision of the Township Act or other law or any law,

rule, order , judgment, contract or agreement that is binding upon the Township; that the Township

has designated by an appropriate resolution, in accordance with Section 265(b)(3HB) of the

43

Page 3 of 4

Internal Revenue Code of 1986, the obligation of the Township evidenced by this Contract is a

"qualified tax exempt obligation".

Section 7. Useful Life of Equipment. The Township represents and warrants that the useful

life of the equipment substantially exceeds the period of the financial obligation of the Township

to Vendor.

Section 8. Representations of Vendor. The Vendor represents and warrants that it has legal

capacity to execute this Agreement and to carry out its obligation s and undertakings hereunder,

and that the person executing this Agreement does so on behalf of the Company and with its full

authority; that it understands the terms of the within Agreement, and that it is binding upon and

fully enforceable against said Vendor.

Section 9. Transfer of Ownership. The equipment shall be transferred to the ownership and

jurisdiction of the Township by Bill of Sale, free and clear of all liens and encumbrances other

than the Town ship's indebtedness to the Vendor or its assignee under the within Agreement.

Section 10. Notices. All notices, certificates, or other communications hereunder shall be

sufficiently given and shall be deemed given when dispatched by registered or certified mail, return

receipt requested, postage prepaid, or by hand delivery, or by telegram and confirmed the same

day by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:

Benton Charter Township

1725 Territorial Road

Benton Harbor, Michigan 49022

Fredrickson Supply

3705 Linden Ave, S.E.

Wyoming, MI 49548

The parties hereto may, by notice given hereunder, designate any further or different address to

which subsequent notices, certificates, or other communication s may be sent.

Section 11. Governing Law. This Agreement shall be construed in all respects in

accordance with the laws of the State of Michigan.

Section 12. Severability. In the event any pro vision of this Agreement shall be held invalid

or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render

unenforceable any other provision hereof.

Section 13. Binding Effect. The covenants here in contained shall bind, and the benefits

and advantages inure to, the respective successors and assigns of the parties hereto.

Section 14. Counterparts. This Agreement may be simultaneously executed in several

counterparts, each of which shall be an original and all of which shall constitute but one and the

same instrument.

44

Page 4 of 4

Section 15. Captions. The captions or headings in this Agreement are for convenience only

and in no way define, limit, or de scribe the scope or intent of any provisions or sections of this

Agreement.

Section 16. Entire Agreement. This Agreement constitutes the entire agreement between

the parties and there are no representations, warranties, promises, guarantees, or agreements, oral

or written, expressed or implied, between the parties hereto with respect to this Agreement.

Section 17. Time and Amendments. Time is deemed to be of the essence of this Agreement.

This Agreement may not be effectively amended, changed, modified, altered, or terminated

without the prior written consent of both the Township and the Vendor, and Vendor's third-party

assignee.

IN WITNESS WHEREOF, the parties hereto have executed this Act 99 Installment

Purchase Agreement by its duly authorized representatives on the day and date first above written.


________________________________

Carolyn Phillips,

Its Clerk

________________________________

Debra Ann Boothby,

Its Treasurer

VENDOR

FREDRICKSON SUPPLY

__________________________________

Its:

45

LEGAL OPINION ON AUTHORITY OF TOWNSHIP TO EXECUTE AN ACT 99 INSTALLMENT PURCHASE AGREEMENT

The undersigned, Jessica A. Fette, as attorney for Benton Charter Township, County of Berrien,

State of Michigan, hereby issues the following opinion on the validity of the Act 99 Installment Purchase

Agreement between the Township and Fredrickson Supply, a Michigan limited liability corporation.

The Township Board has authority to enter into the aforesaid Agreement and to perform the

Township’s obligations thereunder; that said Agreement constitutes a legal, valid, and binding obligation

of the Township, enforceable in accordance with its terms for the duration thereof; is not subject to any

amendment not acceptable to all parties thereto; and may not be unilaterally rescinded by Township.

The Township Board adopted resolutions authorizing the execution of the aforesaid Agreement

by the Clerk, and Treasurer of the Township on behalf of the Township at meetings called and conducted

in accordance with the Michigan Open Meetings Act and by a majority of a quorum present at such

meeting.

That in the opinion of the undersigned, the interest due upon the unpaid balance of principal

under said Agreement is exempt from Federal and State of Michigan income taxes as a municipal

obligation for strictly public purposes.

The Township Board has designated the obligations of Benton Charter Township under its

contract with Fredrickson Supply, as “qualified tax exempt obligations” for purposes of the deduction of

interest due under said Installment Purchase Agreement from income tax liability pursuant to Section

265(b)(3) of the Internal Revenue Code of 1986, as amended.


________________________________ Jessica A. Fette

Attorney for Benton Charter Township

46

Page 1 of 2

BENTON CHARTER TOWNSHIP BERRIEN COUNTY, MICHIGAN

NON-ARBITRAGE AND TAX COMPLIANCE CERTIFICATE

The undersigned hereby certifies that she is the Township Clerk of Benton Charter Township of

Berrien County, Michigan (the Township), and is in general charge of and is the person charged, along

with others, with the responsibility for complying with the terms of the certain installment Contract for

the purchase of equipment as set forth in Act 99 Installment Purchase Agreement (the Agreement), that

the undersigned has made due inquiry and is fully informed as to the matters set out in this Certificate,

and that the following are the reasonable expectations and covenants of the Township with respect to

the Agreement as of the date hereof:

1. The Agreement is being entered into for the purpose of financing the purchase of new

equipment for use by the Township (the Equipment). The Agreement will be used solely

to finance the acquisition of the Equipment and will not be used to acquire any other

property services.

2. The total financed portion of the purchase price of the Equipment is $280,241.60. The

total is to be financed pursuant to the terms of the Agreement in annual installments of

principal and interest each as described in the Agreement.

3. The Agreement has been assigned to cover a period of three (3) years by the Vendor to

United Federal Credit Union, on the date hereof for payments to the Vendor by said

Credit Union of the payments due under the Agreement.

4. During any time the Township is a party to the Agreement; the Township will not

sublease or otherwise allow the use of the Equipment by any person or other entity

other than the Township.

5. As of the date hereof, the Township does not anticipate or expect to sell, assign, or

otherwise dispose of the Equipment to any person or entity during any time prior to the

retirement of all obligations under the Agreement.

6. Prior to the retirement of all obligations under the Agreement, the Township will not

sell, assign, or otherwise dispose of the Equipment to any person or entity.

7. Internal Revenue Service Form 8038-G delivered herewith is true, accurate, and

complete.

8. The installments required under the Agreement will be paid as a budget item from

specially voted millage and/or the general revenue of the Township. The Township will

pay installments required under the Agreement with moneys which have been received

by the Township within 12 months prior to such payment.

9. Except as provided in paragraph 8, no security interest or other pledge exists on any

fund or other property of the Township for the purpose of securing the Agreement.

47

Page 2 of 2

10. There are no funds or other monies designated for the purpose of acquiring the

Equipment and the Agreement will not replace any funds or other monies invested at a

yield in excess of the yield on the Agreement.

11. The Township has covenanted, to the extent permitted by law, to take all actions

necessary to maintain the exclusion of the interest paid under the Agreement from

gross income for general federal income tax purposes under the Code.

12. The Township reasonably anticipates that the amount of tax exempt obligations (other

than private activity bonds as describe in Section 141 of the Internal Revenue Code (the

Code)), which will be issued during calendar year 2019 by the Township, any entity

which issues obligations on behalf of the Township, and all subordinate entities thereto,

will not exceed $10,000,000.00. The Township has not issued, and it is not anticipated

that it will issue tax exempt obligations on behalf of any other entity in 2019.

13. The Township is a governmental unit with general taxing powers.

14. The Agreement is not party of any “private activity bonds” as defined in Section 141 of

the Code.

15. All proceeds of the Agreement will be used for local governmental activities of the

Township.

16. The Township has not been disqualified by the Commissioner of the Internal Revenue

Service nor has the Township been notified or otherwise become aware that any such

disqualifications are currently being considered by the Commissioner.

To the best of my knowledge and belief, there are no other facts, estimates, or circumstances that

would change the foregoing, and I hereby certify that the Township’s expectations, as set forth herein,

are reasonable. It is intended that this Tax Certificate meet the requirements of the Internal Revenue

Code of 1986, as amended, and the regulations promulgated thereunder, as amended, and the terms

used herein should be construed consistently with such regulations, and that the covenants and

representations herein are also in satisfaction of the requirements of the Code and the regulations

propounded thereunder.


________________________________

Carolyn Phillips, Its Clerk

48

NON-LITIGATION AND SIGNATURE IDENTIFICATION CERTIFICATE

STATE OF MICHIGAN COUNTY OF BERRIEN

We hereby certify that we are the duly elected, qualified and acting officers of Benton Charter Township

in the County and State aforesaid (the “Issuer”), as herein indicated; that we did officially sign the

$280.241.60 Municipal Purchase Contract, delivered herewith (the “Contract”); that we are on the date

hereof the officers having authority to execute and deliver the Contract; that there is no litigation of any

nature pending for the purpose of restraining or enjoining the execution of the Contract or the levy and

collection of taxes, assessments or contract payments sufficient to pay the interest and principal

obligations thereof, nor directly affecting the proceedings or authority by which the Contract is entered

into, the legality of the purpose for which the Contract is entered into, or the validity of the Contract, and

that neither the corporate existence nor the boundaries of the Issuer nor the title of its present officers

to their respective offices is being contested; that to the best of our knowledge there is no litigation

pending indirectly or collaterally affecting any of the foregoing, and that none of the proceedings

heretofore taken to authorize the execution of the Contract and to provide security therefore have been

repealed, revoked, or rescinded.



_________________________

Carolyn Phillips

Its Clerk

_________________________

Debra Ann Boothby

Its Treasurer

STATE OF MICHIGAN )

)SS.

COUNTY OF BERRIEN )

On this ____day of October, 2019, before me appeared the Township Clerk, and Township Treasurer of

Benton Charter Township, to me personally known, who, by me duly sworn, say they have executed the

above Certificate, and I acknowledge their signatures as true and genuine.

___________________________

, Notary Public

Berrien County, Michigan

My Commission Expires:

49

BILL LISTING

DECEMBER 3, 2019

FUND # AMOUNT

GENERAL FUND 101 $ 29,956.74

FIRE FUND 206 $ 4,061.40

POLICE FUND 207 $ 10,292.73

SEWER FUND 590 $ 49,246.20

WATER FUND 591 $ 18,774.21

EQUIPMENT & REPLACEMENT 210 $ 3,435.00

TOTAL BILL LISTING $ 115,766.28

50

CHECK DISBURSEMENT REPORT FOR BENTON CHARTER TOWNSHIP 1/12Page:

11/26/2019 09:13 AMUser: ADETTMANNDB: Benton Township

CHECK DATE FROM 11/15/2019 - 11/26/2019

AmountDeptAccountDescriptionPayeeCheck #BankCheck Date

Fund: 101 GENERAL FUND

Department: 000

589.68 000498.000PLAN REVIEW FEESCPM CONSTRUCTION, INC.46853GEN211/15/2019

907.20 000499.000BUILDING PERMIT FEES

1,496.88 CHECK GEN2 46853 TOTAL FOR FUND 101:

783.58 000083.013DUE FROM PARSONSBLUE CROSS BLUE SHIELD OF MICHIGAN46857*#GEN211/22/2019

580.87 000083.022M KRUGH INS

236.72 000083.029ELDEN PIONTEK

1,967.16 000083.033DELMAR LANGE INSURANCE

580.87 000083.048RICHARD KRAKLAU JR


494.69 000084.011DUE FROM HOUSING COMMBP46858*#GEN211/22/2019

278.05 000083.014DUE FROM P KOSACHUKBARBARA KOSACHUK46865GEN211/25/2019

400.00 000083.045BRUCE MODIGELL INSURANCEBRUCE MODIGELL46866GEN211/25/2019

317.39 000083.030HEALTH INSURANCE REIMBDAVID DOAN46868GEN211/25/2019

316.23 000083.019STARNER INSJOANNE STARNER46870GEN211/25/2019

400.00 000083.024KEN DOROH INSKEN DOROH46871GEN211/25/2019

212.12 000083.028HEALTH INSURANCE REIMBBETTY COWAN46873GEN211/25/2019

400.00 000083.034RICK SCARBROUGH INSURANCERICKY L. SCARBROUGH46875GEN211/25/2019

359.00 000083.026S KNUTHSTEVEN KNUTH46876GEN211/25/2019

400.00 000083.031VINCE FETKE INSURVINCENT FETKE46877GEN211/25/2019

400.00 000083.039WESLEY KOZAWESLEY KOZA46878GEN211/25/2019

400.00 000083.003DUE FROM B VANRYSWYKWILLIAM J. VANRYSWYK46879GEN211/25/2019

16.00 000640.000REFUSEESPINOZA, ROBERTO46897*#GEN211/26/2019

10,039.56 Total for department 000:

Department: 101 TOWNSHIP BOARD

36.01 101853.000TELEPHONE & INTERNETVERIZON WIRELESS46861*#GEN211/22/2019

36.01 Total for department 101:

Department: 171 SUPERVISOR 51

CHECK REGISTER FOR BENTON CHARTER TOWNSHIP 1/3Page: 11/26/2019 09:06 AMUser: ADETTMANNDB: Benton Township

CHECK DATE FROM 11/15/2019 - 11/26/2019

AmountDescriptionVendor NameCheckCheck Date

Bank GEN2 GENERAL FUND

1,496.88 REFUND PARTIAL PERMIT FEES FOR PB190214 CPM CONSTRUCTION, INC.4685311/15/2019760.00 FOX MONEY LEFT AT SUICIDE--RECVD FROM DEPAT SCHUH4685411/18/2019

2,979.01 TELEPHONE BILLINGAT & T4685611/22/20197,879.64 DECEMBER RETIREE HEALTHBLUE CROSS BLUE SHIELD OF MICHIGAN4685711/22/20194,079.00 10/17-11/16/19 FUEL PURCHASESBP4685811/22/2019

140.00 REIMBURSE L PEARSON'S CDL TEST FEES PD BDUANE AVERY4685911/22/2019817.46 MISC OFFICE SUPPLIESOFFICE DEPOT BUSINESS CREDIT4686011/22/2019513.44 WIRELESS SERVICEVERIZON WIRELESS4686111/22/2019

6,175.41 10/16-11/15/19 FUEL PURCHASESWEX BANK4686211/22/2019278.05 HEALTH INSURANCEBARBARA KOSACHUK4686511/25/2019400.00 MONTHLY INSURANCE REIMBBRUCE MODIGELL4686611/25/201935.00 PHONE SERVICE REIMBCHRIS FUCHS4686711/25/2019

317.39 HEALTH INSURANCE REIMBURSEMENTDAVID DOAN4686811/25/201935.00 MONTHLY PHONE REIMBURSEMENTJAMES DEAN4686911/25/2019

316.23 INSURANCE REIMBURSEMENTJOANNE STARNER4687011/25/2019400.00 HEALTH INSURANCE REIMBURSEMENTKEN DOROH4687111/25/201935.00 CELL PHONE REIMBURSEMENTKYLE TRYAN4687211/25/2019

212.12 MOTHLY RETIREE INSURANCE REIMBBETTY COWAN4687311/25/201935.00 CELL PHONE REIMBURSEMENTMICHAEL BALDWIN4687411/25/2019

400.00 HEALTH INSURANCE REIMBRICKY L. SCARBROUGH4687511/25/2019359.00 INSURANCE REIMBURSEMENTSTEVEN KNUTH4687611/25/2019400.00 INSURANCE REIMBURSEMENTVINCENT FETKE4687711/25/2019400.00 KOZA HEALTH INSURANCE REIMBWESLEY KOZA4687811/25/2019400.00 HEALTH INSURANCE REIMBURSEMENTWILLIAM J. VANRYSWYK4687911/25/201995.00 K TRYAN WATER OPERATOR CERTIFICATIONSTATE OF MICHIGAN4688011/26/201927.58 DEFADVANCE AUTO PARTS4688111/26/201969.25 ACETYLENEAIRGAS USA, LLC4688211/26/2019

241.18 UB refund for account: ADA1-000831-0000-ALSHOURBAGY, MOHAMED4688311/26/2019586.55 TELEPHONE BILLINGAT & T4688411/26/2019142.08 REPAIR HEATER IN SHOPBEAUDOIN ELECTRICAL CONST4688511/26/2019418.25 CLEANING SUPPLIESBEAVER RESEARCH COMPANY4688611/26/2019

2,019.59 NOVEMBER UTILITY BILLSBENTON CHARTER TOWNSHIP4688711/26/20191,475.00 UTILITY BILLSBENTON HARBOR POSTMASTER4688811/26/2019

88.00 A CARLSON HBP B VACCINEBERRIEN COUNTY HEALTH DEPARTMENT4688911/26/201960.00 TROUBLESHOOT LOCKER ROOM FURNACE ISSUEBOELCKE HEATING & AIR CONDITIONING4689011/26/201934.80 BANKING MILEAGE 11/14-11/20CHRIS CLARK4689111/26/2019

102.59 MOP & MAT RENTALCINTAS 4689211/26/2019

56.61 DPW FIRST AID STATIONCINTAS 4689311/26/201961.75 POLICE DEPT FIRST AID STATION93.28 TWP BREAKROOM FIRST AID STATION

211.64

445.17 INTERNET & CABLECOMCAST CABLE4689411/26/201976.56 NOV BANKING MILEAGEDEBRA BOOTHBY4689511/26/201963.20 REPAIR TWP HALL VACUUM CLEANEREDDY'S VACUUM CLEANERS4689611/26/201945.00 UB refund for account: LAU1-002169-0000-ESPINOZA, ROBERTO4689711/26/2019

170.40 CURB BOX LIDSETNA SUPPLY COMPANY4689811/26/20191.28 BOLTSFAMILY FARM & HOME4689911/26/2019

1,889.00 PARTS TO FIX BY-RITE MANOR DRAINFERGUSON WATERWORKS #19344690011/26/2019171.00 REPAIR CLAMPFERGUSON WATERWORKS #33864690111/26/2019

93.45 MULTI FUNCTION SWITCH DT-14FISHER AUTO PARTS4690211/26/201980.06 BELT FOR NORTH SHORE LIFT STATION85.06 BELT FOR NORTH SHORE LIFT STATION

258.57 52


CHECK DATE FROM 11/15/2019 - 11/26/2019


2,335.50 ELECTIONS ENVELOPESGM BUSINESS PRINTING4690311/26/20191,615.37 TIRESGOODYEAR4690411/26/2019

372.00 PROPERTY OR SEIZURE LABELSHARBOR PRINTING SERVICE INC4690511/26/201940.00 REPAIR FLASHLIGHT CHARGER CAR 58HEI WIRELESS4690611/26/2019

4,613.59 ELECTRIC BILLSINDIANA MICHIGAN POWER4690711/26/2019135.45 PARK SECURITYJOHNSON CONTROLS4690811/26/2019

228.72 BATTERIESJORDAN AUTOMOTIVE GROUP4690911/26/201990.90 WIPER BLADES

163.55 BRAKE PARTS

483.17

140.00 REIMBURSE CDL DRIVING TESTJUSTIN PEARSON4691011/26/2019187.00 UNIFORMS FOR BOWERS & MURDOCHKEEPIN YOU IN STITCHES4691111/26/2019

79.90 FUSESKENDALL ELECTRIC, INC4691211/26/2019159.80 FUSES42.25 LIGHT BULBS FOR TWP HALL

(159.80)RETURNED FUSES

122.15

526.21 REPAIR PARTSKENNEDY INDUSTRIES, INC.4691311/26/2019131.08 MILEAGE TO PUBLIC MEETING WORKSHOPKYLE TRYAN4691411/26/2019

1,020.00 FLU SHOTSLAKELAND CARE INC.4691511/26/2019100.23 C STUEKER LABS 19-9361LAKELAND HOSPITALS4691611/26/2019109.00 METER PLUS MONTHLY SVCMARANA GROUP4691711/26/2019

3,435.00 FURNITURE FOR ELECTIONS OFFICEMETRO BUSINESS INTERIIORS, INC4691811/26/201925.00 PUBLIC SPEAKING WORKSHOPMI-AWWA PAYMENT PROCESSING4691911/26/201912.79 PARTS FOR TEST BALLMICHIANA SUPPLY INC4692011/26/2019

427.59 GAS BILLINGSMICHIGAN GAS UTILITIES4692111/26/2019754.51 MONTHLY MAINT & QTRLY OVERCHARGEMICHIGAN OFFICE SOLUTIONS INC.4692211/26/201975.00 2020 MEMBERSHIP DUESMICHIGAN STATE FIREMEN'S ASSOCIATIO4692311/26/2019

231.96 LAYLON UNIFORMSNYE UNIFORM COMPANY4692411/26/2019213.97 KORENCHUK UNIFORMS

445.93

56.52 POSTAGE TAPE STRIPSPITNEY BOWES INC4692511/26/201940.00 4 HRS SHOOTING RANGE TIMEPOINT BLANK SPORTS CLUB4692611/26/2019

2,142.00 TWP PAVING & DRAINAGE IMPROV--DESIGN SERPREIN & NEWHOF4692711/26/201940,975.25 9/29-10/26/19 SAW GRANT

437.50 WATER ASSET MGT--CAP IMP PLAN DEVPT600.00 WATER SERVICE LINE INV--,MAPPING & GIS D

6,798.25 WATER SYS RECONFIG STUDY1,052.50 EUCLID WATER & SEWER IMPROV

927.50 CRYSTAL & MAIN RECONFIG

52,933.00

29.10 PHONES AT PARKQLT4692811/26/20191,102.62 WINTER TAX PREPARATIONSBF ENTERPRISES4692911/26/2019

113.57 EVIDENCE TAPE & COTTON SWABSSIRCHIE4693011/26/2019664.76 SEAL KIT FOR MAY ST LIFT STATIONSMITH & LOVELESS INC4693111/26/2019690.70 MISC OFFICE SUPPLIESSTAPLES ADVANTAGE4693211/26/2019

34.65 CASCADE DISH SOAPTHAYER, INC.4693311/26/201957.82 DAWN DISH SOAP

92.47 53


CHECK DATE FROM 11/15/2019 - 11/26/2019


591.00 WATER SAMPLE TESTINGTRACE ANALYTICAL LABORATORIES, INC4693411/26/2019852.14 CHARGE CARD PURCHASESUNITED FEDERAL CREDIT UNION4693511/26/2019105.00 COMPACT SCALESUSA BLUEBOOK4693611/26/2019

193.71 WHEEL SEALVALLEY TRUCK PARTS4693711/26/201964.57 WHEEL SEAL88.80 WHEEL PARTS TRUCK 5

347.08

77.45 PAPER SHREDDING SERVICESVITAL RECORDS CONTROL DEPT 58744693811/26/2019

370.72 LAB SUPPLIESVWR INTERNATIONAL LLC4693911/26/201917.16 LAB SUPPLIES77.49 LAB SUPPLIES

632.54 LAB SUPPLIES

1,097.91

48.67 AIR HORN SOLENOID TRASH #6WEST MICHIGAN INTERNATIONAL LLC4694011/26/20192,262.40 NOVEMBER PLUMBING INSPECTIONSPHYLLIS CENTERS4694111/26/2019

GEN2 TOTALS:

115,766.28 Total of 86 Disbursements:

0.00 Less 0 Void Checks:115,766.28 Total of 86 Checks:

54



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 171 SUPERVISOR

30.00 171757.000OPERATING SUPPLIESLAKELAND CARE INC.46915*#GEN211/26/2019


Department: 191 ELECTION

69.98 191757.000OPERATING SUPPLIESOFFICE DEPOT BUSINESS CREDIT46860*#GEN211/22/2019

2,335.50 191727.000OFFICE SUPPLIESGM BUSINESS PRINTING46903GEN211/26/2019

35.00 191757.000OPERATING SUPPLIESMARANA GROUP46917#GEN211/26/2019

24.99 191757.000OPERATING SUPPLIESSTAPLES ADVANTAGE46932*#GEN211/26/2019

42.25 191757.000OPERATING SUPPLIESVITAL RECORDS CONTROL DEPT 587446938#GEN211/26/2019


Department: 209 ASSESSOR


30.92 209867.000GAS AND OILWEX BANK46862*#GEN211/22/2019


274.36 209818.000CONTRACTUAL SERVICESMICHIGAN OFFICE SOLUTIONS INC.46922#GEN211/26/2019


Department: 215 CLERK


74.00 215730.000POSTAGEMARANA GROUP46917#GEN211/26/2019



Department: 253 TREASURER 55



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 253 TREASURER

34.80 253873.000TRAVELCHRIS CLARK46891GEN211/26/2019

76.56 253873.000TRAVELDEBRA BOOTHBY46895GEN211/26/2019


33.53 253730.000POSTAGESBF ENTERPRISES46929GEN211/26/2019

1,069.09 253900.000PRINTING AND PUBLISHING


50.00 253757.000OPERATING SUPPLIESUNITED FEDERAL CREDIT UNION46935*#GEN211/26/2019


Department: 265 TWP. HALL AND GROUNDS

887.86 265853.000TELEPHONE & INTERNETAT & T46856*#GEN211/22/2019

231.83 265727.000OFFICE SUPPLIESOFFICE DEPOT BUSINESS CREDIT46860*#GEN211/22/2019

79.70 265757.000OPERATING SUPPLIES

311.53 CHECK GEN2 46860 TOTAL FOR FUND 101:

199.30 265924.000SEWERBENTON CHARTER TOWNSHIP46887*#GEN211/26/2019

249.41 265927.000WATER


93.28 265757.000OPERATING SUPPLIESCINTAS46893*#GEN211/26/2019

146.85 265853.000TELEPHONE & INTERNETCOMCAST CABLE46894*#GEN211/26/2019

63.20 265933.000REPAIRS TO EQUIPMENTEDDY'S VACUUM CLEANERS46896GEN211/26/2019

21.23 265921.000ELECTRICINDIANA MICHIGAN POWER46907*#GEN211/26/2019

42.25 265757.000OPERATING SUPPLIESKENDALL ELECTRIC, INC46912*#GEN211/26/2019 56



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 265 TWP. HALL AND GROUNDS

56.52 265757.000OPERATING SUPPLIESPITNEY BOWES INC46925GEN211/26/2019

80.04 265727.000OFFICE SUPPLIESSTAPLES ADVANTAGE46932*#GEN211/26/2019


35.20 265757.000OPERATING SUPPLIESVITAL RECORDS CONTROL DEPT 587446938#GEN211/26/2019


Department: 299 GARAGE


69.25 299757.000OPERATING SUPPLIESAIRGAS USA, LLC46882GEN211/26/2019

209.13 299757.000OPERATING SUPPLIESBEAVER RESEARCH COMPANY46886*#GEN211/26/2019




Department: 302 ORDINANCE ENF. OFFICER



Department: 380 BUILDING



35.00 380853.000TELEPHONE & INTERNETCHRIS FUCHS46867GEN211/25/2019

35.00 380853.000TELEPHONE & INTERNETJAMES DEAN46869GEN211/25/2019

60.00 380757.000OPERATING SUPPLIESLAKELAND CARE INC.46915*#GEN211/26/2019 57



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 380 BUILDING


2,262.40 380818.000CONTRACTUAL SERVICESPHYLLIS CENTERS46941GEN211/26/2019


Department: 448 STREET LIGHTING

7.11 448920.000PUBLIC UTILITIESINDIANA MICHIGAN POWER46907*#GEN211/26/2019


Department: 528 TRASH & RUBBISH

3,181.76 528867.000GAS AND OILBP46858*#GEN211/22/2019

140.00 528757.000OPERATING SUPPLIESDUANE AVERY46859GEN211/22/2019

491.67 528730.000POSTAGEBENTON HARBOR POSTMASTER46888*#GEN211/26/2019

1.28 528863.000VEHICLE MAINTENANCEFAMILY FARM & HOME46899GEN211/26/2019

1,615.37 528863.000VEHICLE MAINTENANCEGOODYEAR46904GEN211/26/2019

140.00 528757.000OPERATING SUPPLIESJUSTIN PEARSON46910GEN211/26/2019

57.82 528757.000OPERATING SUPPLIESTHAYER, INC.46933*#GEN211/26/2019

193.71 528863.000VEHICLE MAINTENANCEVALLEY TRUCK PARTS46937GEN211/26/2019

64.57 528863.000VEHICLE MAINTENANCE



48.67 528863.000VEHICLE MAINTENANCEWEST MICHIGAN INTERNATIONAL LLC46940GEN211/26/2019


Department: 751 PARKS


93.45 751863.000VEHICLE MAINTENANCEFISHER AUTO PARTS46902*#GEN211/26/201958



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 751 PARKS


135.45 751956.100SECURITYJOHNSON CONTROLS46908GEN211/26/2019

159.80 751757.000OPERATING SUPPLIESKENDALL ELECTRIC, INC46912*#GEN211/26/2019

(159.80)751757.000OPERATING SUPPLIES


74.83 751923.000NATURAL GASMICHIGAN GAS UTILITIES46921*#GEN211/26/2019

29.10 751853.000TELEPHONE & INTERNETQLT46928GEN211/26/2019


Department: 965 TRANSFERS OUT

2,130.44 965999.004TRANSFERS TO RETIREES HEALTH INS FUNDBLUE CROSS BLUE SHIELD OF MICHIGAN46857*#GEN211/22/2019


29,956.74 Total for fund 101 GENERAL FUND

Fund: 206 FIRE FUND

Department: 000


400.00 000965.000TRANSFERS TO RETIREES HEALTH INS FUNDBLUE CROSS BLUE SHIELD OF MICHIGAN46857*#GEN211/22/2019




27.58 000863.000VEHICLE MAINTENANCEADVANCE AUTO PARTS46881GEN211/26/2019




CHECK DATE FROM 11/15/2019 - 11/26/2019


Fund: 206 FIRE FUND

Department: 000

195.27 000927.000WATER


88.00 000757.000OPERATING SUPPLIESBERRIEN COUNTY HEALTH DEPARTMENT46889GEN211/26/2019

102.59 000940.000RENTALCINTAS46892GEN211/26/2019





75.00 000958.000MEMBERSHIP AND DUESMICHIGAN STATE FIREMEN'SASSOCIATIO

46923GEN211/26/2019

34.65 000757.000OPERATING SUPPLIESTHAYER, INC.46933*#GEN211/26/2019


4,061.40 Total for fund 206 FIRE FUND

Fund: 207 POLICE FUND

Department: 000

760.00 000694.000OTHER INCOMEPAT SCHUH46854GEN211/18/2019


1,200.00 000965.000TRANSFERS TO RETIREES HEALTH INS FUNDBLUE CROSS BLUE SHIELD OF MICHIGAN46857*#GEN211/22/2019


8.00 000863.000VEHICLE MAINTENANCEWEX BANK46862*#GEN211/22/2019

3,602.17 000867.000GAS AND OIL

3,610.17 CHECK GEN2 46862 TOTAL FOR FUND 207:60



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 000


82.78 000927.000WATER


60.00 000931.000REPAIRS & BLDG MAINTENANCEBOELCKE HEATING & AIR CONDITIONING46890GEN211/26/2019


372.00 000757.000OPERATING SUPPLIESHARBOR PRINTING SERVICE INC46905GEN211/26/2019

40.00 000863.000VEHICLE MAINTENANCEHEI WIRELESS46906GEN211/26/2019

114.36 000863.000VEHICLE MAINTENANCEJORDAN AUTOMOTIVE GROUP46909*#GEN211/26/2019




187.00 000759.000UNIFORMS/CLOTHINGKEEPIN YOU IN STITCHES46911GEN211/26/2019


100.23 000757.000OPERATING SUPPLIESLAKELAND HOSPITALS46916GEN211/26/2019

231.96 000759.000UNIFORMS/CLOTHINGNYE UNIFORM COMPANY46924GEN211/26/2019

213.97 000759.000UNIFORMS/CLOTHING


40.00 000940.000RENTALPOINT BLANK SPORTS CLUB46926GEN211/26/2019

113.57 000757.000OPERATING SUPPLIESSIRCHIE46930GEN211/26/2019

585.67 000727.000OFFICE SUPPLIESSTAPLES ADVANTAGE46932*#GEN211/26/2019


61



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 000


10,292.73 Total for fund 207 POLICE FUND

Fund: 210 EQUIPMENT & REPLACEMENT

Department: 000

3,435.00 000977.000EQUIPMENT- GEN GOVTMETRO BUSINESS INTERIIORS, INC46918GEN211/26/2019


3,435.00 Total for fund 210 EQUIPMENT & REPLACEMENT

Fund: 590 SEWER FUND

Department: 537 SEWER

402.55 537867.000GAS AND OILBP46858*#GEN211/22/2019


586.55 537853.000TELEPHONE & INTERNETAT & T46884GEN211/26/2019

209.12 537757.000OPERATING SUPPLIESBEAVER RESEARCH COMPANY46886*#GEN211/26/2019


29.00 537628.000SEWER FLAT RATEESPINOZA, ROBERTO46897*#GEN211/26/2019

1,889.00 537936.000REPAIR & MAINTENANCEFERGUSON WATERWORKS #193446900GEN211/26/2019

80.06 537933.000REPAIRS TO EQUIPMENTFISHER AUTO PARTS46902*#GEN211/26/2019

85.06 537933.000REPAIRS TO EQUIPMENT


2,993.83 537921.000ELECTRICINDIANA MICHIGAN POWER46907*#GEN211/26/2019

79.90 537757.000OPERATING SUPPLIESKENDALL ELECTRIC, INC46912*#GEN211/26/2019




CHECK DATE FROM 11/15/2019 - 11/26/2019


Fund: 590 SEWER FUND

Department: 537 SEWER

12.79 537757.000OPERATING SUPPLIESMICHIANA SUPPLY INC46920GEN211/26/2019


37.34 537923.000NATURAL GAS


40,975.25 537821.001ENGINEERING FEES-WASTE MGMT PLANPREIN & NEWHOF46927*#GEN211/26/2019

664.76 537936.000REPAIR & MAINTENANCESMITH & LOVELESS INC46931GEN211/26/2019


49,246.20 Total for fund 590 SEWER FUND

Fund: 591 WATER CAPITAL FUND

Department: 000

2,142.00 000154.000CIPPREIN & NEWHOF46927*#GEN211/26/2019

600.00 000154.000CIP

6,798.25 000154.000CIP

1,052.50 000154.000CIP

927.50 000154.000CIP



Department: 538 WATER FILTRATION


6.00 538863.000VEHICLE MAINTENANCEWEX BANK46862*#GEN211/22/2019

37.73 538867.100GASOLINE


35.00 538853.000TELEPHONE & INTERNETKYLE TRYAN46872GEN211/25/2019

95.00 538958.000MEMBERSHIP AND DUESSTATE OF MICHIGAN46880GEN211/26/2019

241.18 538630.000WATERALSHOURBAGY, MOHAMED46883GEN211/26/2019


675.92 538927.000WATER

795.92 CHECK GEN2 46887 TOTAL FOR FUND 591: 63



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 538 WATER FILTRATION


417.24 538921.300ELECTRIC- EUCLID STANDPIPEINDIANA MICHIGAN POWER46907*#GEN211/26/2019

114.36 538863.000VEHICLE MAINTENANCEJORDAN AUTOMOTIVE GROUP46909*#GEN211/26/2019

526.21 538936.300REPAIR AND MAINTENANCEKENNEDY INDUSTRIES, INC.46913GEN211/26/2019

131.08 538873.000TRAVELKYLE TRYAN46914GEN211/26/2019

25.00 538801.000TRAINING/EDUCATIONALMI-AWWA PAYMENT PROCESSING46919GEN211/26/2019

591.00 538757.100DISTRIBUTIONTRACE ANALYTICAL LABORATORIES, INC46934GEN211/26/2019

370.72 538775.200LAB SUPPLIESVWR INTERNATIONAL LLC46939GEN211/26/2019

17.16 538775.200LAB SUPPLIES

77.49 538775.200LAB SUPPLIES

632.54 538775.200LAB SUPPLIES



Department: 539 WATER DISTRIBUTION



605.78 539867.100GASOLINEWEX BANK46862*#GEN211/22/2019

35.00 539853.000TELEPHONE & INTERNETMICHAEL BALDWIN46874GEN211/25/2019

142.08 539936.100BUILDING MAINTENANCEBEAUDOIN ELECTRICAL CONST46885GEN211/26/2019

141.61 539927.000WATERBENTON CHARTER TOWNSHIP46887*#GEN211/26/2019

64



CHECK DATE FROM 11/15/2019 - 11/26/2019



Department: 539 WATER DISTRIBUTION

170.40 539757.100OPERATING SUPPLIES- DISTRIBUTIONETNA SUPPLY COMPANY46898GEN211/26/2019

171.00 539757.100OPERATING SUPPLIES- DISTRIBUTIONFERGUSON WATERWORKS #338646901GEN211/26/2019

30.00 539757.300MEDICAL SUPPLIESLAKELAND CARE INC.46915*#GEN211/26/2019

105.00 539757.100OPERATING SUPPLIES- DISTRIBUTIONUSA BLUEBOOK46936GEN211/26/2019


Department: 540 WATER ADMINISTRATION


437.50 540818.000CONTRACTUAL SERVICESPREIN & NEWHOF46927*#GEN211/26/2019


18,774.21 Total for fund 591 WATER CAPITAL FUND

'#'-INDICATES CHECK DISTRIBUTED TO MORE THAN ONE DEPARTMENT '*'-INDICATES CHECK DISTRIBUTED TO MORE THAN ONE FUND

115,766.28 TOTAL - ALL FUNDS

65

RESOLUTION TO FILL THE VACANT POSITION OF TOWNSHIP SUPERVISOR

WHEREAS, on December 3, 2019 Cathy Yates submitted her resignation as Trustee of Benton Charter

Township effective that date; and,

WHEREAS, on December 3, 2019 the Township Board of Trustees voted to accept the resignation and,

pursuant to Act 116 of the Public Acts of 1954, it is now necessary to make an appointment to fill the

vacant office of Township Supervisor; and,

NOW THEREFORE, BE IT RESOLVED, that Cathy Yates is hereby appointed to the office of Township

Supervisor and shall hold such office until a successor is elected at the next general November election

in the manner provided by law and qualifies for office.

The foregoing resolution offered by board member ______________and seconded by _____________.

Upon a roll call vote, the following voted

Ayes:

Nays:

Absent:

RESOLUTION ADOPTED.

CERTIFICATION The duly elected and acting Clerk of Benton Charter Township hereby certifies that the foregoing constitutes a true copy of a Resolution adopted at a regular meeting of the Benton Charter Township Board, Berrien County, Michigan, held on December 3, 2019, as indicated in said minutes and voted as therein set forth; that said meeting was held in accordance with the Open Meetings Act of the State of Michigan. _____________________________ Carolyn Phillips, Township Clerk

66