HomeMy WebLinkAboutCOUNCIL MINUTES 1993-01-13 27392
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On January 13, 1993, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan and was called to order by the
President of the Council at 8:03 p.m. Councilman McGee delivered the
invocation.
Roll was called with the following result Michael P. McGee,
Sean P. Kavanagh, Ron Ochala, Fernon P. Feenstra, and Gerald Taylor.
Absent: Laura M Toy (illness) and Dale A Jurcisin (City business).
Elected and appointed officials present Robert D. Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Joan McCotter,
City Clerk; Harry Tatigian, City Attorney; Karen A. Szymula, Director of
Legislative Affairs; Lee Grieve, Police Chief; and John Fegan, Director of
Inspection.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#1-93 RESOLVED, that the minutes of the 1,239th Regular
Meeting of the Council of the City of Livonia, held December 21,
1992, are hereby approved as submitted
No one wished to speak during the audience communication portion
at the beginning of the meeting
Items 11 and 14 were removed from the Consent Agenda at the
direction of the Chair.
On a motion by Feenstra, seconded by McGee, it was:
#2-93 RESOLVED, that having considered a communication from
the President of the Livonia Symphony Society Inc. , dated
December 11, 1992, requesting authorization to conduct the Third
Annual "Chip in for the Arts" Golf Outing on June 30, 1993 at the
imm Whispering Willows Golf Course, and which also requests a waiver
of all fees, and having also considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated January 4, 1993, approved for submission by the Mayor, the
27393
Council does hereby approve the date of June 30, 1993 for use of
L
the Whispering Willows Golf Course for this golf outing, but
refers the request for a waiver of fees to the Finance and
Insurance Committee for its report and recommendation.
#3-93 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated December 17, 1992, approved by
the Director of Finance and approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Tarr's Tree
Service, 2009 Milverton, Troy, Michigan 48084, for completing all
work required in connection with the City's 1993 Tree and Stump
Removal Program, for the estimated total cost of $15,910 00,
based upon the Public Service Division's estimate of units
involved, and subject to a final payment based upon the actual
units completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item; and the Director of Public
Works is hereby authorized to approve minor adjustments in the
work as it becomes necessary, so long as the total of these
adjustments does not exceed 5% of the bid price accepted herein;
and the Mayor and City Clerk are hereby authorized to execute a
contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution.
ibm #4-93 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated November 25, 1992,
and submitted pursuant to Council Resolution 562-92 in connection
with a letter from University Transportation Services, 8508 N.
Lilley, Canton, Michigan 48187, received by the Office of the
City Clerk on June 19, 1992, wherein a request is submitted for a
motor bus license, the Council does hereby declare its finding,
in accordance with Sections 5 51 040 and 5 51 070 of the Livonia
Code of Ordinances, that there is public convenience and
necessity required for the proposed motor bus service and that
upon submission of a proper application in writing that a motor
bus license for the operation of two motor buses be issued by the
City Clerk upon payment of the license fee and filing of an
insurance policy or bond, in accordance with Ordinance
requirements.
#5-93 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 8, 1992,
approved for submission by the Mayor, to which is attached a
proposed software maintenance agreement between Digital Equipment
Corporation and the City of Livonia, wherein the Digital
Equipment Corporation would provide a high level technical
support plan for the Livonia Police Department computer system
for the sum of $15,600.00, the Council does hereby approve this
agreement and authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to affix their signatures to such
contract, as well as to do all other things necessary or
incidental to the full performance of this resolution; and the
Council does hereby authorize the said item without competitive
bidding in accordance with Section 3.04 140 D.5 of the Livonia
Code of Ordinances, as amended
27394
A communication from the Conference of Western Wayne, dated
December 14, 1992, re: Wayne County Chronology of 1/10 Jail Millage was
received and placed on file for the information of the Council
A communication from the Inspection Department, dated December 7,
1992, re: alleged Ordinance violations at 9095 Cardwell was received and
placed on file for the information of the Council. (CR 860-92)
A communication from the Inspection Department, dated December 9,
1992, re: alleged Ordinance violation at 28623 Minton (business activity
in a residential neighborhood) was received and placed on file for the
information of the Council. (CR 872-92)
A communication from the Inspection Department, dated December
10, 1992, re: Ordinance violation at 11701 Belden was received and placed
on file for the information of the Council. (CR 858-92)
A communication from the Inspection Department, dated December 9,
1992, re: Ordinance violations at 27820 Seven Mile Road was received and
placed on file for the information of the Council (CR 859-92)
A communication from the Department of Law, dated December 16,
1992, re legal ramifications of the fence and wall relocation at the
Greenmead Farm Complex, including consideration of applicable provisions of
City Ordinance, State Statute and Federal Law was received and placed on
file for the information of the Council. (CR 920-92)
#6-93 RESOLVED, that having considered a communication from
Councilmember Fernon P. Feenstra, dated December 21, 1992, with
regard to a proposed change in the classification of Secretary
III in the office of the Zoning Board of Appeals to a new
classification of Administrative Assistant, the Council does
hereby refer this item to the Council Ad Hoc Personnel Committee
for its report and recommendation.
ifts
27395
117-93 RESOLVED, that having considered a communication from
ifts the City Planning Commission, dated December 23, 1992, which
transmits its resolution 12-536-92, adopted on December 15, 1992,
with regard to the proposed preliminary plat of Orangelawn Woods
Subdivision to be located north of Orangelawn Avenue between
Stark Road and Farmington Road in the Northeast 1/4 of Section
33, City of Livonia, Wayne County, Michigan, and the preliminary
plat having been approved by the City Planning Commission on
December 15, 1992, the Council does hereby approve of the said
preliminary plat based upon the same conditions as those set
forth in the aforesaid Planning Commission action and subject to
the receipt of a report and recommendation by the City Engineer
relative to the development plans and specifications for the
improvements therein, and the financial assurances guaranteeing
the satisfactory installation of such improvements.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: McGee, Kavanagh, Ochala, Feenstra, and Taylor
NAYS: None.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#8-93 RESOLVED, that having considered a communication from
the City Engineer, dated December 21, 1992, approved for
submission by the Mayor, to which are attached lists of sidewalks
requiring installation, repair and/or replacement within
miscellaneous locations throughout the City of Livonia, said list
being included herein by reference, and for the reasons
stated, the Council does hereby require the respective owners of
lots and premises referred to in said list to install, repair, or
to remove and replace sidewalk at such premises, to carry out the
provisions of this resolution which is made pursuant to Title 12,
Section 340 of the Livonia Code of Ordinances, as amended;
FURTHER, said notice shall set forth that the respective owners
of lots and premises herein referred to shall complete said
sidewalk work no later than June 1, 1993, after which date the
Engineering Department shall arrange for the construction and/or
reconstruction of the said sidewalks; FURTHER, the Council does
hereby authorize the construction, and/or reconstruction of
various sections of sidewalks and crosswalks at several locations
within the City inasmuch as the same are the City's
responsibility; and FURTHER, the Engineering Department is hereby
authorized to finalize plans and specifications and arrange for
the taking of bids for the 1993 Sidewalk Program, which program
Lwill include all required work which has not been completed by
private property owners by June 1, 1993.
27396
On a motion by Feenstra, seconded by Kavanagh, and unanimously
Ladopted, it was
#9-93 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125 584) ,
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Monday, February 22, 1993, at
8:00 p.m. , at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items:
(1) Petition 92-10-1-23, submitted by Stuart Frankel for a
change of zoning on property located on the south side of
Six Mile Road between Fitzgerald Avenue and Newburgh Road in
the Northwest 1/4 of Section 17, from OS to C-2, P and AG,
the City Planning Commission in its resolution 12-537-92
having recommended to the City Council that Petition
92-10-1-23 be approved, as amended; and
(2) Petition 92-10-1-24, submitted by William Fried for Kevin
Crute and John Dinan for a change of zoning on property
located on the south side of Pembroke between Newburgh Road
and Victor Parkway in the Southeast 1/4 of Section 6, from
RUFC to RE, the City Planning Commission in its resolution
12-538-92 having recommended to the City Council that
Petition 92-10-1-24 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by certified mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#10-93 RESOLVED, that having considered a communication dated
December 18, 1992, from Kelly Schein, co-owner of House of
Billiards, which in accordance with the provisions of Section
19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes
an appeal from a determination made on December 15, 1992 by the
City Planning Commission in its resolution 12-542-92 with regard
27397
to Petition 92-10-2-43 submitted by Kelly Schein requesting
imo waiver use approval to utilize a Class C liquor license in
conjunction with an existing billiard hall located on the south
side of Eight Mile Road between Grand River Avenue and Angling
Road in the Northeast 1/4 of Section 1, which property is zoned
C-2, the Council does hereby designate Wednesday, March 31, 1993
at 8:00 p.m. as the date and time for conducting a public hearing
with regard to this matter, such hearing to be held at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City
Clerk is hereby requested to do all things necessary in order to
give proper notice in writing, as well as by the publication of a
notice in the City's official newspaper of such hearing and the
date and place thereof, in compliance with the requirements set
forth in Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#11-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1992, and submitted pursuant to Council Resolution 1101-88 in
connection with Police Department correspondence, dated October
3, 1988, with regard to establishing an auto pound in the City's
landfill site, the Council does hereby determine to take no
Lfurther action.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#12-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1992, and submitted pursuant to Council Resolution 1101-88 in
connection with Police Department correspondence, dated October
3, 1988, with regard to establishing an auto pound in the City's
landfill site, the Council does hereby request a report and
recommendation from the Director of Public Works as to potential
use of the leased area of the landfill upon expiration of the
current lease (Best Block - Basile) .
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#13-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1992, with regard to a discussion conducted concerning requesting
bids for a towing contract, the Council does hereby refer this
Litem to the Finance and Insurance Committee for its report and
recommendation.
27398
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#14-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1992, with regard to a discussion conducted concerning requesting
bids for a towing contract, the Council does hereby request that
the Legislative Committee submit a report and recommendation on
the question of whether to legally regulate vehicles towed by
private companies and/or revise the Traffic Ordinance to the
extent necessary to reflect current practice.
A communication from the Chief of Police, dated January 4, 1993,
re the request from Livonia Towing, Incorporated, 12955 Levan, Livonia,
MI 48150, dated April 25, 1989, for an increase in towing rates was
received and placed on file for the information of the Council (CR
451-89)
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#15-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1992, and submitted pursuant to Council Resolution 235-91 in
connection with the question of whether the City should establish
a procedure wherein the City would give preference to local
bidders (in lieu of low bidders) as well as review of the entire
bidding process, the Council does hereby refer this item to the
Department of Law for its report and recommendation
On a motion by Feenstra, seconded by Ochala, it was:
#16-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1992, and submitted pursuant to Council Resolution 906-92 in
connection with the report and recommendation of the City
Planning Commission, dated December 18, 1990, which sets forth
its resolution 12-504-90, adopted on December 11, 1990, with
regard to Petition 90-11-1-31, submitted by Dominic Soave for a
change of zoning on property located on the east side of Newburgh
Road north of Seven Mile Road in the Southwest 1/4 of Section 5,
from RUFC to C-1, and the Council having conducted a public
hearing with regard to this matter on March 13, 1991, pursuant to
Council Resolution 22-91, the Council does hereby reject the
recommendation of the Planning Commission and the said Petition
90-11-1-31 is hereby approved and granted, as modified so as to
rezone the subject property from RUFC to C-1 and OS; and the City
Planner is hereby instructed to cause the necessary map for
27399
publication to be prepared indicating the zoning changes herein
approved and to furnish the same to the Department of Law, and,
upon receipt of such map, the Department of Law is requested to
prepare an ordinance amending Ordinance No 543, as amended, in
accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Feenstra, and Taylor.
NAYS: McGee.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#17-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1992, and submitted pursuant Council Resolution 521-90 with
regard to the archiving of City Council Study and Regular Meeting
video tapes at the Civic Center Library for a ten-year period,
the Council does hereby amend and revise Council Resolution
520-90 to the extent necessary so that archiving of Study and
Regular Meeting tapes shall be for a period of two years, such
action to commence on January 1, 1994 and annually thereafter.
Kavanagh gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO (Petition 92-7-1-15)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting.
McGee gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
LORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Petition 92-7-1-19)
27400
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO (Petition 92-7-1-16)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting
Kavanagh took from the table, for second reading and adoption,
the following Ordinance, as revised:
AN ORDINANCE AMENDING SECTION 160 OF TITLE 2,
CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: McGee, Kavanagh, Ochala, Feenstra and Taylor
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Kavanagh took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 020 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY
ADDING PARAGRAPH D THERETO.
27401
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES: McGee, Kavanagh, Ochala, Feenstra, and Taylor
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#18-93 RESOLVED, that having considered a communication from
the City Assessor, dated November 25, 1992, approved for
submission by the Mayor, with regard to a request from Mr John
Mahn, 34393 Plymouth Road, Livonia, Michigan 48150, in behalf of
Ms. Margaret Couch, 19443 Weyher, Livonia, Michigan 48152, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division of Tax Item No 46
003 02 0038 000 (includes Lot 39) into two parcels, the legal
descriptions of which shall read as follows:
Lot 38, Iris Gardens Subdivision, as recorded in Liber 67, Page
55, Wayne County Records, said subdivision being a part of the
S W 1/4 of Section 1, T 1S , R 9E , City of Livonia, Wayne
County, Michigan
Lot 39, Iris Gardens Subdivision, as recorded in Liber 67, Page
55, Wayne County Records, said subdivision being a part of the
S W. 1/4 of Section 1, T 1S , R 9E , City of Livonia, Wayne
County, Michigan
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals
27402
On a motion by Ochala, it was
L RESOLVED, that having considered a communication from
the City Assessor, dated December 9, 1992, approved for
submission by the Mayor, with regard to a request from Mr. Silvio
Delibero, 19992 Ellen, Livonia, Michigan 48152, in behalf of Mr.
Ernest Rattai, 19909 St Francis, Livonia, Michigan 48152, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18.46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division of Tax Item No. 46
001 04 0238 000 (includes Lot 239) into two parcels, the legal
descriptions of which shall read as follows:
Parcel A
01D238
Argonne Sub T1S R9E L40 P5 WCR
Lot 238
Parcel B
01D239
Argonne Sub T1S R9E L40 P5 WCR
Lot 239
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
14, recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals.
The President declared the resolution failed for lack of support.
On a motion by Feenstra, seconded by McGee, it was
#19-93 RESOLVED, that having considered a communication from
the City Assessor, dated December 9, 1992, approved for
submission by the Mayor, with regard to a request from Mr. Silvio
Delibero, 19992 Ellen, Livonia, Michigan 48152, in behalf of Mr.
Ernest Rattai, 19909 St Francis, Livonia, Michigan 48152, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18.46 of Ordinance 543, as amended, the Council
does hereby determine to deny the request for dividing Tax Item
No. 46 001 04 0238 000 (includes Lot 239) into two parcels since
the same would be in violation of the City's zoning ordinance and
law, as well as for the reason that the proposed lot split would
not be consistent with good planning and zoning practice
A roll call vote was taken on the foregoing resolution with the following
result:
161. AYES: McGee, Feenstra, and Taylor
NAYS: Kavanagh and Ochala.
The President declared the resolution adopted.
27403
On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was
#20-93 RESOLVED, that the Council does, in accordance with
Section 23.01(a) of Zoning Ordinance 543, as amended, request
that the City Planning Commission conduct a public hearing and
thereafter submit a report and recommendation on the question of
whether the property located in the Argonne Subdivision, located
east of Inkster and north of Pembroke should be rezoned from RUF
to a more appropriate residential zoning classification.
On a motion by Feenstra, seconded by McGee, it was:
#21-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 15, 1992,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, and which submits final cost
information with regard to the improvement of Ellen Drive (Five
Mile north to Roycroft) in the Southwest 1/4 of Section 16,
pursuant to S A.D No 363, the Council does hereby determine as
follows
a) To authorize a decrease in the total assessment as set forth
in the confirmed assessment roll for S A.D No 363 from
$19,037.54 to $18,837 13, with the assessments to be reduced
to the assessment rate of $12 22 p.a f ;
b) To establish the final project cost at $125,580 86, of which
total, $18,837 13 is to be charged to the special assessment
district and $106,743 73 is to be assumed by the City's
Michigan Transportation Fund (Local Road Account) receipts;
and
c) To authorize an expenditure in the amount of $125,580 86
from the $12 million General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be
reimbursed at such time as funds are available from the next
Special Assessment Paving Bond Issue ($18,837 13) and from
Michigan Transportation Fund (Local Road Account) receipts
($106,743.73).
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Ochala, and Feenstra.
NAYS: Kavanagh and Taylor.
lim The President declared the resolution adopted
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
27404
#22-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 14, 1992, which
transmits its resolution 12-525-92, adopted on December 1, 1992,
with regard to Petition 92-9-2-36, submitted by Robert E Rashid,
requesting waiver use approval to operate a full service
restaurant (Major Magic) in an existing building located on the
north side of Seven Mile Road between Farmington and Norwich
Roads in the Southeast 1/4 of Section 4, which property is zoned
C-2, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 92-9-2-36 is hereby
approved and granted, subject to the following conditions:
1) That Building Elevation Plans dated 10-19-92, prepared by
Klaetke & Marino, Architects and 9-24-92, prepared by Wah
Yee Associates are hereby approved and shall be adhered to;
2) That the signs shown on the elevation plans are not part of
this approval and shall be submitted pursuant to the
vicinity control ordinance;
3) That the number of customer seats shall not exceed 436;
4) That before the issuance of a Certificate of Occupancy,
those site improvements as set forth in letter dated
November 19, 1992, submitted by Stephen J Duczynski,
lim Vice President of Schostak Brothers & Company, Inc. in
connection with subject petition shall be fully
implemented; and
5) That no patron under the age of 18 shall be admitted on the
premises unless accompanied by an adult
On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was
#23-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 14, 1992, which
transmits its resolution 12-533-92, adopted on December 1, 1992,
with regard to a Sign Permit Application submitted by Rally's
Inc. for two (2) ground signs, two (2) wall signs and two (2)
menu order boards on property located at 33500 Plymouth Road in
Section 28, the Council does hereby concur in the recommendation
of the Planning Commission and approve the said sign permit
application, subject to the following conditions:
1) That the sign package dated 11/30/92 for the Rally's
Restaurant at 33500 Plymouth Road is hereby approved and
shall be adhered to; and
2) That this approval is subject to the applicant being granted
a variance by the Zoning Board of Appeals for excessive
number of signs
27405
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#24-93 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 365, more particularly described in Council Resolution
834-92, adopted on November 9, 1992, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, the City Council has duly
met and reviewed the special assessments levied in the special
assessment roll prepared by the City Assessor to cover the
district in which street lighting is to be installed, such
roll having been prepared on the basis of street lighting being
installed in Cane Woods Subdivision in said Special Assessment
District No 365;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of the
installation of 100 watt high pressure sodium lights on colonial
post top poles in the Cane Woods Subdivision, located in the
Southwest 1/4 of Section 4, and that the assessments set forth in
said Special Assessment District No 365 Roll are fair and
equitable and based upon benefits derived in said district, in
accordance with the plans of the City Engineer and resolutions of
ibm the City Council; said Special Assessment Roll No. 365 based on
the installation of 100 watt high pressure sodium lights on
colonial post top poles in the Cane Woods Subdivision located in
the Southwest 1/4 of Section 4 is hereby approved and confirmed
in all respects; pursuant to the provisions of Section 3 08. 130
of the Livonia Code of Ordinances, as amended, the City Clerk
shall endorse the date of confirmation on the Assessment Roll,
and the assessment roll shall then be immediately transmitted to
the City Treasurer who shall take such further action as set
forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, and the City Clerk is hereby authorized to transmit the
proper street lighting order to the Detroit Edison Company on
forms provided by them for this purpose.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#25-93 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 366 for a proposed street improvement of Pembroke Avenue
(Flamingo Boulevard to Purlingbrook Road) in the West 1/2 of
Section 2, City of Livonia, Wayne County, Michigan, with a 20 ft.
wide 4" thick asphalt pavement, as required by the provisions of
the City Charter and Title 3, Chapter 8 of the Livonia Code of
im. Ordinances, as amended, a public hearing thereafter having been
held thereon on Wednesday, December 16, 1992 at 7:30 p.m. at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the
City Council having duly met and reviewed the special assessments
27406
levied on the special assessment roll as prepared by the City
Assessor, as revised, to cover the district portion of the cost
of a street improvement to be constructed in Special Assessment
District No 366; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated October 19,
1992, as revised, in the amount of $9,999 27 are fair and
equitable and based upon benefits to be derived by
construction of improvements proposed in said district in
accordance with the plans of the City Engineer and
resolutions of the City Council;
(2) Said Special Assessment Roll No 366 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of eight (8%)
percent per annum on the unpaid balance of the assessment
from December 1, 1993 Said interest shall be payable on
each installment due date, provided, however, that after the
issuance of bonds in anticipation of the collection of the
unpaid assessments on the said special assessment roll, said
rate of interest shall be not more than 1% above the average
rate of interest borne by said bonds In such cases where
the installments will be less than Ten Dollars ($10 00), the
number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10.00)
as possible The first installment shall be due and payable
December 1, 1993 and subsequent installments on December 1st
of succeeding years;
(4) Pursuant to the provisions of Section 3 08 130 of the
Livonia Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the assessment roll, and
the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish
notice as is required by Section 3 08.190 of the Livonia
Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3.08 190
Any property owner assessed may pay the whole or any part of
the assessment without interest or penalty up to December 1,
1993;
(5) The first installment shall be spread upon the 1994 City tax
roll in the manner required by Section 3 08 210 of the
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from December 1, 1993
27407
and thereafter one (1) installment shall be spread upon each
annual tax roll together with one (1) year's interest upon
all unpaid installments; provided, however, that when any
annual installment shall have been prepaid in the manner
provided in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 .08.200, or after the
expiration of the sixty (60) day period as provided by
Section 3.08.220 then there shall be spread upon the tax
roll for such year only the interest for all unpaid
installments; and
(6) The City Council does hereby determine to pay 52.77% of the
total costs ($11,172.47) .
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#26-93 RESOLVED, that the City of Livonia has received an
application from Diversey Corp , 12025 Tech Center Drive,
Livonia, Michigan 48150-2122, dated October 27, 1992 for a
transfer of the tax abatement previously granted to J.J.
International Automotive Corporation (originally Arcad, Inc. ) on
October 18, 1989 in Council Resolution 986-89 and as amended in
Council Resolution 184-90, adopted on February 28, 1990, for ten
years for a 100,000 square foot building completed in 1989 which
is located in City of Livonia Industrial Development District No.
46; and the Council having conducted a public hearing with regard
to this matter on December 16, 1992, pursuant to Council
Resolution 836-92, and FURTHER, the Council having received a
letter from Mr. Mark J. Hanket, Esq. , General Counsel and
Corporate Secretary of Diversey Corp. , dated December 7, 1992,
which states in behalf of Diversey Corp. that its request for
transfer is hereby withdrawn, the Council does hereby determine
to deny this request for transfer in accordance with the request
of Diversey Corp ; and the City Clerk is hereby requested to do
all things necessary or incidental to the performance of this
resolution.
On a motion by McGee, seconded by Feenstra, it was:
#27-93 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Diversey Corp. ,
12025 Tech Center Drive, Livonia, Michigan 48150-2122, dated
October 27, 1992, covering new industrial facilities to be
located within City of Livonia Industrial Development District
No 46; and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each
taxing unit which levies ad valorem property taxes in the local
governmental unit in which the proposed facility is to be
located, i.e , the City of Livonia, and advised each of them that
the said Application has been received; and
27408
WHEREAS, the City Council has afforded Diversey Corp , the
Assessor, and a representative of each of the affected taxing
units an opportunity for a hearing on this Application and said
hearing having in fact been conducted at 7 30 p m , Wednesday,
December 16, 1992 at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS
FOLLOWS:
1. That the City Council, on the basis of the information
received from the applicant, Diversey Corp. , finds and
determines: (a) that the granting of this industrial
facilities exemption certificate shall not have the effect
of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
located; and (b) the applicant has fully complied with the
requirements of Section 9, Act No. 198, P.A. 1974, as
amended.
2. That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Diversey
Corp. covering new industrial facilities to be located
within the City of Livonia Industrial Development District
No. 46, for 12 years.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Kavanagh, Feenstra, and Taylor
NAYS: Ochala.
The President declared the resolution adopted.
McGee made the following disclosure respecting a conflict of interest on
this matter:
Mr. President, I have previously disclosed the existence of
a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item. I refer to my letter dated February 24, 1992, to the City
Clerk on this subject and would ask that these remarks be made
part of the official record of this meeting. Thank you
McGee left the podium at 8 50 p m.
On a motion by Feenstra, seconded by Kavanagh, it was:
27409
#28-93 WHEREAS, at an Election held in the City of Livonia
iis (the "City") on November 7, 1989, the qualified electors of the
City voted in favor of a bonding proposition in the amount of
$12,000,000 to improve the City's streets and highways together
with related appurtenances and attachments;
AND WHEREAS, the City authorized and sold (a) its $1,500,000 1990
General Obligation Unlimited Tax Bonds as a first series of the
total amount authorized by the electors, (b) its $4,000,000 1991
General Obligation Unlimited Tax Bonds as a second series of the
total amount authorized by the electors and (c) its $3,000,000
1992 General Obligation Unlimited Tax Bonds as a third series of
the total amount authorized by the electors;
AND WHEREAS, it has been determined by the City Council, that at
this time bonds in the principal amount of Three Million Five
Hundred Thousand Dollars ($3,500,000) should be issued; being the
fourth and final series of the total amount authorized by the
electors
NOW, THEREFORE, BE IT RESOLVED THAT:
1 Bonds of the City, designated 1993 General Obligation
Unlimited Tax Bonds, be issued in the aggregate principal amount
of Three Million Five Hundred Thousand Dollars ($3,500,000), for
the purpose of paying the cost of certain of the street and
imp highway improvements authorized by the electors; said issue to
consist of bonds registered as to principal and interest of the
denomination of $5,000 each or multiples of $5,000 not exceeding
for each maturity the principal amount of such maturity, be dated
as of March 1, 1993, numbered as determined by the transfer
agent, and shall mature on March 1 in the years and amounts as
follows
AMOUNT YEAR AMOUNT YEAR
$ 75,000 1994; $225,000 2000 and 2001;
100,000 1995 and 1996; 250,000 2002;
150,000 1997; 275,000 2003 and 2004;
175,000 1998; 300,000 2005;
200,000 1999; 375,000 2006 and 2007;
400,000 2008.
Said bonds shall bear interest at a rate or rates to be
determined on public sale thereof, but in any event not exceeding
8% per annum, payable on September 1, 1993, and semiannually
thereafter on March 1st and September 1st of each year, by check
drawn on the Transfer Agent (hereinafter defined), mailed to the
registered owner at the registered address, as shown on the
registration books of the City maintained by the Transfer Agent.
Interest shall be payable to the registered owner of record as of
imp the fifteenth day of the month prior to the payment date for each
interest payment. Payment of interest as provided in this
paragraph may be changed by the City to conform to market
practice in the future The principal of the bonds shall be
27410
payable at the principal corporate trust office of a bank located
in the State of Michigan to be selected by the Finance Director
to act as registrar and transfer agent for the bonds (the
"Transfer Agent") upon presentation and surrender of the
appropriate bond
The bonds shall not be sold at a price less than 100% of their
par value and shall be subject to prior redemption as provided
for in Section 5 hereof.
Unless waived by any registered owner of bonds to be redeemed,
official notice of redemption shall be given by the Transfer
Agent on behalf of the City. Such notice shall be dated and
shall contain at a minimum the following information: original
issue date; maturity dates; interest rates; CUSIP numbers, if
any; certificate numbers (and in the case of partial redemption);
the called amounts of each certificate; the redemption date; the
redemption price; the place where bonds called for redemption are
to be surrendered for payment; and that interest on bonds or
portions thereof called for redemption shall cease to accrue from
and after the redemption date
In addition, further notice shall be given by the Transfer Agent
in such manner as may be required or suggested by regulations or
market practice at the applicable time, but no defect in such
further notice nor any failure to give all or any portion of such
imp further notice shall in any manner defeat the effectiveness of a
call for redemption if notice thereof is given as prescribed
herein
The bonds shall be signed by the facsimile signatures of the
Mayor, City Clerk and City Treasurer of the City No bond of
this series shall be valid until authenticated by an authorized
representative of the Transfer Agent, if necessary Executed
blank bonds for registration and issuance to transferees shall
simultaneously, and from time to time thereafter as necessary, be
delivered to the Transfer Agent for safekeeping
2. The Treasurer shall open a special depositary account to be
designated 1993 General Obligation Road Bonds Debt Retirement
Fund (the "Debt Retirement Fund") All proceeds from taxes
levied for the payment of the principal of, interest on and
redemption premiums, if any, for the bonds and all investment
income thereon shall be deposited into the Debt Retirement Fund.
The moneys deposited in the fund shall be used solely for the
purpose of paying the principal of, interest on and redemption or
prepayment premiums, if any, for the bonds, and, as may be
necessary, to rebate arbitrage earnings, if any, to the United
States Department of Treasury as required by the Internal Revenue
Code of 1986, as amended The accrued interest and premium, if
any, received upon delivery of the bonds shall also be deposited
in the Debt Retirement Fund
27411
3. There shall be deposited in a special depository account to
be established by the Treasurer designated the 1993 General
Obligation Road Bond Construction Fund (the "Construction Fund")
the proceeds of the sale of the bonds exclusive of the accrued
interest and the premium, if any, received upon delivery of the
bonds. Except for investment pending disbursement and as
hereinafter provided, the moneys in the Construction Fund shall
be used solely and only to pay the costs of the improvements
described in the preamble hereto, (including reimbursement to the
City for funds expended on project costs prior to the receipt of
bond proceeds), together with the costs of the issuance of the
bonds, as such costs become due and payable and, as may be
necessary, to rebate arbitrage earnings, if any, to the United
States Department of Treasury as required by the Internal Revenue
Code of 1986, as amended Moneys remaining in the Construction
Fund after completion of the project may be used for any purpose
permitted by law
4. Commencing with the fiscal year beginning December 1, 1992,
it shall be the duty of the City to levy a tax annually in an
amount sufficient so that the estimated collections therefrom
will be sufficient to pay promptly when due the principal of and
interest becoming due on said bonds prior to the time of the next
year's tax levy, which tax levies shall not be subject to
limitation as to either rate or amount.
5. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1993 GENERAL OBLIGATION UNLIMITED TAX BOND
Date of
Interest Rate Maturity Date Original Issue CUSIP
March 1, March 1, 1993
Registered Owner:
Principal Amount: Dollars
THE CITY OF LIVONIA, Wayne County, State of Michigan (the
HCity") , for value received, hereby promises to pay to the
Registered Owner specified above, or registered assigns, the
Principal Amount specified above, in lawful money of the
United States of America on the Maturity Date specified above,
unless prepaid prior thereto as hereinafter provided, with
interest thereon from the Date of Original Issue specified
above or such later date to which interest has been paid,
L until paid, at the Interest Rate per annum specified above,
first payable on September 1, 1993 and semiannually
thereafter. Principal of this bond is payable upon
presentation and surrender of this bond at the principal
corporate trust office of , or
such other transfer agent as the City may hereafter designate
27412
by notice mailed to the registered owner hereof not less than
sixty (60) days prior to any change in transfer agent (the
"Transfer Agent") . Interest on this bond is payable by check
or draft mailed by the Transfer Agent to the person or entity
who is as of the fifteenth (15th) day of the month prior to
each interest payment date, the registered owner, at the
registered address as shown on the registration books of the
City maintained by the Transfer Agent.
This bond is one of a series of bonds of even Date of
Original Issue, aggregating the principal sum of $3 , 500 , 000
issued under and in pursuance of a majority vote of the
qualified electors of the City voting thereon at an election
held on November 7 , 1989 and is the fourth and final series of
such voter authorization.
The series of bonds of which this is one is issued for
the purpose of paying all or part of the cost of acquiring and
constructing improvements to the City' s street and highway
system. The full faith, credit and resources of the City are
pledged for the payment hereof, and the City is obligated to
levy annually sufficient taxes to provide for the payment of
the principal of and interest on these bonds as they mature,
without limitation as to either rate or amount.
ir Bonds maturing in the years 1994 to 2002 , inclusive,
shall not be subject to redemption prior to maturity.
Bonds or $5 , 000 portions thereof maturing in the years
2003 to 2008 , inclusive, shall be subject to redemption prior
to maturity, at the option of the City, in any order of
maturity and by lot within a single maturity, on any interest
payment date on or after March 1, 2002 at par and accrued
interest to the date fixed for redemption plus a premium
(expressed as a percentage of principal amount) as follows:
1-h% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2002 , but prior to
March 1, 2003 ;
1% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2003 , but prior to
March 1, 2004;
2% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2004 , but prior to
March 1, 2005 ;
No premium shall be paid on bonds or portions of
bonds if called for redemption on or after March 1, 2005 .
In case less than the full amount of an outstanding bond
is called for redemption, the Transfer Agent, upon
presentation of the bond called for redemption, shall
register, authenticate and deliver to the registered owner of
record a new bond or bonds in the principal amount of the
portion of the original bond not called for redemption.
2741 3
Notice of redemption shall be given to the registered
160 owner of any bond to be redeemed by mailing of such notice not
less than thirty (30) days prior to the date fixed for
redemption to the registered owner at the address of the
registered owner as shown on the registration books of the
City kept by the Transfer Agent. Bonds shall be called for
redemption in multiples of $5 , 000 and bonds of denominations
of more than $5 , 000 shall be treated as representing the
number of bonds obtained by dividing the denomination of the
bond by $5, 000 and such bonds may be redeemed in part. The
notice of redemption for bonds redeemed in part shall state
that upon surrender of the bond to be redeemed, a new bond or
bonds in the same aggregate principal amount equal to the
unredeemed portion of the bond surrendered shall be issued to
the registered owner thereof with the same interest rate and
maturity. No further interest shall accrue on bonds called
for redemption after the date fixed for redemption, whether
presented for redemption or not, provided funds are on hand
with the Transfer Agent to redeem the bond or portion thereof.
Any bond may be transferred by the person in whose name
it is registered, in person or by the registered owner' s duly
authorized attorney or legal representative, upon surrender of
the bond to the Transfer Agent for cancellation, together with
a duly executed written instrument of transfer in a form
approved by the Transfer Agent. Whenever any bond is
surrendered for transfer, the Transfer Agent shall
authenticate and deliver a new bond or bonds, in like
aggregate principal amount, interest rate and maturity. The
Transfer Agent shall require the registered owner requesting
the transfer to pay any tax or other governmental charge
required to be paid with respect to the transfer. The
Transfer Agent shall not be required to register the transfer
of or exchange any bond, during a period beginning at the
opening of business 15 days before the day of the mailing of
a notice of redemption of bonds selected for redemption and
ending at the close of business on the day of that mailing.
It is hereby certified and recited that all acts,
conditions and things required to be done, exist and happen,
precedent to and in the issuance of said series of bonds of
which this is one, in order to make them valid and binding
obligations of the City, have been done, exist and have
happened in regular and due form and time as provided by law,
and that the total indebtedness of the City, including the
series of bonds of which this is one, does not exceed any
constitutional, charter or statutory limitation.
This bond is not valid or obligatory for any purpose
until the Transfer Agent's Certificate of Authentication on
this bond has been executed by the Transfer Agent.
27414
IN WITNESS WHEREOF, the City of Livonia, County of Wayne,
State of Michigan, by its City Council , has caused this bond
to be signed in the name of the City by the facsimile
signatures of its Mayor, its City Clerk and its City
Treasurer, all as of the Date of Original Issue.
CITY OF LIVONIA
COUNTY OF WAYNE
STATE OF MICHIGAN
By [Facsimilel
Mayor
Countersigned:
rFacsimilel
City Clerk
rFacsimilel
City Treasurer
isso [FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION]
Certificate of Authentication
This bond is one of the bonds described above.
Transfer Agent
By
Authorized Signature
Date of Authentication
27415
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
- Please insert Social Security or Other Identifying Number of
Assignee
(please print or type name and address of transferee)
the within bond and all rights thereunder and does hereby
irrevocably constitute and appoint
attorney to transfer the within bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
In the presence of:
NOTICE: The 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 enlargement or any change
whatever. When assignment is made by a guardian, trustee,
executor or administrator, an officer of a corporation, or
anyone in a representative capacity, proof of his authority to
act must accompany the bond.
6. The City Clerk shall cause an official statement with
respect to the bonds to be prepared and circulated to prospective
purchasers of the bonds, fix a date for sale of the bonds and
publish notice of sale of the bonds in an authorized newspaper at
least seven (7) days prior to the date of sale of the bonds,
which notice of sale shall be in substantially the following
form:
27416
OFFICIAL NOTICE OF SALE
$3 , 500 , 000
CITY OF LIVONIA
COUNTY OF WAYNE
STATE OF MICHIGAN
1992 GENERAL OBLIGATION UNLIMITED TAX BONDS
SEALED BIDS for the purchase of the above bonds will be received
by the undersigned at the offices of the City Clerk, located at
33001 Civic Center Drive, Livonia, Michigan 48154 , on Wednesday,
the 10th day of February, 1993 , until 4 : 00 o'clock p.m. , Eastern
Standard Time, at which time and place said bids will be
publicly opened and read. Bids will be simultaneously opened
and read at the offices of the Municipal Advisory Council of
Michigan, 1445 First National Building, Detroit, Michigan 48226 .
Award of the bids will be considered by the City Council on the
same day.
BOND DETAILS : Said bonds will be registered bonds, of the
denomination of $5 , 000 or multiples thereof not exceeding for
each maturity the principal amount of such maturity, dated as of
March 1, 1993 , and will bear interest from their date, payable
on September 1, 1993 , and semiannually thereafter.
Said bonds will mature on March 1st in the years and in the
amounts as follows :
AMOUNT YEAR AMOUNT YEAR
$ 75 , 000 1994 ; $225 , 000 2000 and 2001;
100, 000 1995 and 1996; 250, 000 2002 ;
150, 000 1997 ; 275 , 000 2003 and 2004 ;
175, 000 1998 ; 300, 000 2005;
200, 000 1999 ; 375 , 000 2006 and 2007 ;
400, 000 2008 .
PRIOR REDEMPTION: Bonds maturing in the years 1994 to 2002 ,
inclusive, shall not be subject to redemption prior to maturity.
Bonds or $5, 000 portions thereof maturing in the years 2003
to 2008 , inclusive, shall be subject to redemption prior to
maturity, at the option of the City, in any order and by lot
within a single maturity, on any interest payment date on or
after March 1, 2002 , at par and accrued interest to the date
fixed for redemption, plus a premium (expressed as a percentage
of par value) as follows:
11/2% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2002 , but prior to
March 1, 2003 ;
27417
1% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2003 , but prior to
March 1, 2004 ;
2% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2004 , but prior to
March 1, 2005 ;
No premium shall be paid on bonds or portions of
bonds called for redemption on or after March 1, 2005 .
In case less than the full amount of an outstanding bond
is called for redemption, the transfer agent, upon
presentation of the bond called for redemption, shall
register, authenticate and deliver to the registered owner of
record a new bond or bonds in the principal amount of the
portion of the original bond not called for redemption.
Notice of redemption shall be given to the holders of
bonds to be redeemed by mailing of such notice not less than
thirty (3 0) days prior to the date fixed for redemption to the
registered owner at the address of the registered owner as
shown on the registration books of the City. No further
interest payable on bonds called for redemption shall accrue
after the date fixed for redemption, whether presented for
redemption or not, provided the City has money available for
such redemption.
to INTEREST RATE AND BIDDING DETAILS : The bonds shall bear
interest at a rate or rates not exceeding 8% per annum, to be
fixed by the bids therefor, expressed in multiples of 1/8 or
1/20 of 1% , or both. THE INTEREST RATE BORNE BY BONDS
MATURING ON OR AFTER MARCH 1, 2003 SHALL NOT BE LESS THAN THE
INTEREST RATE BORNE BY BONDS MATURING IN THE RESPECTIVE
PRECEDING YEAR. The interest on any one bond shall be at one
rate only, and all bonds maturing in any one year must carry
the same interest rate. The difference between the highest
and lowest interest rate on the bonds shall not exceed 3% per
annum. No proposal for the purchase of less than all of the
bonds or at a price less than 100% of their par value will be
considered.
TRANSFER AGENT AND REGISTRATION: Principal and interest shall
be payable at the principal corporate trust office of
, Michigan, or such transfer agent as
the City may hereafter designate by notice mailed to the
registered owner not less than 60 days prior to any change in
transfer agent. Interest shall be paid when due by check
mailed to the registered owner as shown by the registration
books of the City as of the 15th day of the month prior to any
interest payment date. The bonds will be transferable only
upon the registration books of the City kept by the transfer
agent.
27418
PURPOSE AND SECURITY: The bonds were authorized at an
election held November 7 , 1989 , for street and highway system
improvements and are the fourth and final issue of a tota•1
authorization of $12 , 000, 000 The bonds will pledge the full
faith and credit of the City for payment of the principal and
interest thereon, and will be payable from ad valorem taxes,
which may be levied without limitation as to rate or amount.
The rights or remedies of bondholders may be affected by
bankruptcy, insolvency, fraudulent conveyance or other laws
affecting creditors' rights generally, now existing or
hereafter enacted and by the application of general principles
of equity including those relating to equitable subordination.
TAX MATTERS: In the opinion of Miller, Canfield, Paddock and
Stone, bond counsel, assuming compliance with certain
covenants by the City, the bonds will be exempt from taxation
in the State of Michigan and from federal income tax, subject,
in both cases, to certain exceptions described in bond
counsel's opinion.
QUALIFIED TAX-EXEMPT OBLIGATIONS: The City has designated the
bonds as "qualified tax exempt obligations" for purposes of
deduction of interest expense by financial institutions .
GOOD FAITH: A certified or cashier's check in the amount of
$70, 000 drawn upon an incorporated bank or trust company and
two payable to the order of the City must accompany each bid as a
guarantee of good faith on the part of the bidder, to be
forfeited as liquidated damages if such bid be accepted and
the bidder fails to take up and pay for the bonds . No
interest shall be allowed on the good faith checks and checks
of the unsuccessful bidders will be promptly returned to each
bidder's representative or by registered mail.
AWARD OF BONDS : The bonds will be awarded to the bidder whose
bid produces the lowest interest cost computed by determining,
at the rate or rates specified in the bid, the total dollar
value of all interest on the bonds from March 1, 1993 , to
their maturity and deducting therefrom any premium.
LEGAL OPINION: Bids shall be conditioned upon the approving
opinion of Miller, Canfield, Paddock and Stone, attorneys of
Detroit, Michigan, a copy of which opinion will be printed on
the reverse side of each bond and the original of which will
be furnished without expense to the purchaser of the bonds at
the delivery thereof. The fees of Miller, Canfield, Paddock
and Stone for services rendered in connection with such
approving opinion are expected to be paid from bond proceeds.
Except to the extent necessary to issue their approving
opinion as to the validity of the above bonds, Miller,
Canfield, Paddock and Stone has not been requested to examine
ti• or review and has not examined or reviewed any financial
documents, statements or materials that have been or may be
furnished in connection with the authorization, issuance or
27419
marketing of the bonds , and accordingly will not express any
opinion with respect to the accuracy or completeness of any
such financial documents, statements or materials .
DELIVERY OF BONDS . The City will furnish bonds ready for
execution at its expense. Bonds will be delivered without
expense to the purchaser at Detroit, Michigan or such other
place to be mutually agreed upon. The usual closing
documents, including a certificate that no litigation is
pending affecting the issuance of the bonds will be delivered
at the time of the delivery of the bonds. If the bonds are
not tendered for delivery by twelve o'clock noon, Eastern
Standard Time, on the 45th day following the date of sale, or
the first business day thereafter if said 45th day is not a
business day, the successful bidder may on that day, or any
time thereafter until delivery of the bonds, withdraw its pro-
posal by serving notice of cancellation, in writing, on the
undersigned in which event the City shall promptly return the
good faith deposit. Payment for the bonds shall be made in
immediately available funds . Accrued interest to the date of
delivery of the bonds shall be paid by the purchaser at the
time of delivery . Unless the purchaser furnishes the transfer
agent with a list giving the denominations and names in which
it wishes to have the certificates issued within 5 business
days after sale of the bonds, the bonds will be delivered in
the form of a single certificate for each maturity registered
in the name of the purchaser.
10. CUSIP NUMBERS : CUSIP numbers will be printed on the bonds at
the City's expense, but neither the failure to print such
numbers on any bonds nor any error with respect thereto shall
constitute cause for refusal by the purchaser to accept
delivery of and pay for the bonds .
OFFICIAL STATEMENT: The City will provide the winning bidder
with 150 Final Official Statements within 7 business days from
the date of sale to permit the underwriter to comply with
S. E.C. Rule 15c2-12 . Additional copies of the Official
Statement will be supplied by the City upon request and
agreement to pay the cost of additional copies. Requests for
additional copies must be made to the City's Financial
Consultants listed below no later than the close of business
on the day following the sale date.
PURCHASER CERTIFICATION: The successful bidder will be
required to furnish, prior to delivery of the bonds, a
certificate in a form acceptable to bond counsel as to the
issue price of the bonds within the meaning of Section 1273 of
the Internal Revenue Code of 1986 , as amended.
FURTHER INFORMATION with respect to said bonds may be
obtained from: Stauder, Barch & Associates, 3989 Research
Park Drive, Ann Arbor, Michigan 48104 .
ims Telephone: (313) 668-6688 .
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
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ENVELOPES containing the bids should be plainly marked
"Proposal for General Obligation Bonds . "
Joan McCotter
City Clerk
City of Livonia, Michigan
7. The City hereby convenants that, to the extent permitted by
law, it shall take all actions within its control necessary to
maintain the exemption of the interest on the bonds from general
federal income taxation (as opposed to alternative minimum or
other indirect taxation) under the Internal Revenue Code of 1986,
as amended (the "Code"), including but not limited to, actions
relating to the rebate of arbitrage earnings, if applicable, and
the expenditure and investment of bond proceeds and moneys deemed
to be bond proceeds. In addition, the City hereby designates the
Bonds as "qualified tax exempt obligations" for purposes of
deduction of interest expense by financial institutions.
8. The City hereby finds that the useful life of the projects
to be financed with the proceeds of the bonds is not less than
twenty (20) years
9. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same
hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Feenstra, and Taylor.
•
NAYS: None.
The President declared the resolution adopted.
McGee returned to the podium at 8:52 p m
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On a motion by Kavanagh, seconded by McGee, and unanimously
lbw adopted, it was:
/129-93 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 9, 1992,
approved by the Finance Director and approved for submission by
the Mayor, the Council does hereby, for and on behalf of the City
of Livonia, accept cash donations in the amount of $3,480 64 from
the parties listed in the aforesaid communication, the same to be
credited to and deposited in Account 702-000-285-216 for use in
the Senior Citizen Programs
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#30-93 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated December 15, 1992, the
Council does, for and on behalf of the City of Livonia, accept a
cash donation of $500.00 from the Livonia Heart Fund, to be
deposited in and credited to Account 457 000 690 010 for the
purchase of medical defibrillator supplies for the Fire
Division's Emergency Medical units
No one wished to speak during the audience communication portion
Lat the end of the meeting.
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, this 1,240th Regular Meeting of the Council of the City of Livonia
was adjourned at 8 55 p m , January 13, 1993.
11.- /lb : i
li—
J•=n McCotter, City Clerk