HomeMy WebLinkAboutCOUNCIL MINUTES 1991-06-03 26482
L MINUTES OF THE ONE THOUSAND, TWO HUNDRED AND SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On June 3, 1991 , 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 8:01 P.M. Councilwoman Toy delivered the invocation.
Roll was called with the following result Present: Laura Toy, Gerald
Taylor, Dale Jurcisin, Ron Ochala, Fernon P. Feenstra and Joan McCotter, Absent:
Robert R. Bishop.
Elected and appointed officials present: Patricia Miencier, Deputy City
Clerk; Harry Tatigian, City Attorney; Robert D Bennett, Mayor; John Nagy, Planning
Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative
Affairs; James Andres, Chief Accountant; John Fegan, Director of Building
Inspection ; Robert Beckley, Director of Public Works; Joseph Mysliwiec, Court
Administrator and Jack Engebretson, William La Pine and Ray Tent of the Planning
Commission.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#431-91 RESOLVED, that the minutes of the 1 ,201st Regular
Meeting of the Council of the City of Livonia, held May 15,
1991 are hereby approved.
A communication from the Department of Law, dated May 20, 1991 re Pentagon
Properties Ltd Partnership v City of Livonia Zoning Board of Appeals, Wayne County
Circuit Court Case No. 91-102324 AA was received and placed on file for the
information of the Council .
LA communication from the Director of Finance, dated May 20, 1991 forwarding
various financial statements of the City of Livonia for the month ending April
30, 1991 was received and placed on file for the information of the Council .
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1.• On a motion by Councilman Ochala, seconded by Councilman Feenstra,
it was
#432-91 RESOLVED, that having considered an application from
Karen Marchelletta, 30561 Jeanine, Livonia, Michigan requesting
permission to close Jeanine between Sunset and Rexwood on
Saturday, June 8, 1991 , from 2:00 p.m. to 12:00 midnight for
the purpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being
made subject to the approval of the Police Department.
#433-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated May 2,
1991 , approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
bid of Gregware Equipment Company, P.O. Box L, Grand Rapids ,
MI 49501 , for supplying the Public Service Division (Equipment
Maintenance Section) with a Trencher (18 HP) and Transport
Trailer for a net price of $13,125.00, based on a total price
of $13,250.00 less trade-in of $125 00, the same having been
in fact the lowest bid received and meets all specifications.
IL. #434-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated May 10,
1991 , approved by the Director of Finance and approved for
submission by the Mayor and which submits a recommendation
with regard to bids received for seventeen (17) Civic Center
signs, the Council does hereby refer this item to the Capital
Improvement Committee for its report and recommendation.
#435-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated May 10,
1991 , approved by the Director of Finance and approved for
submission by the Mayor and which submits a recommendation
with regard to bids received for seventeen (17) Civic Center
signs, the Council does hereby request that the City Clerk
submit a report and recommendation with regard to the sealed
bid procedures conducted with respect to this matter
#436-91 RESOLVED, that having considered the report and
recommendation of the Court Administrator of the 16th District
Court and the Director of Public Service and the two District
Court Judges, dated May 14, 1991 , which bears the signature
of the Finance Director and is approved for submission by the
Mayor, to which is attached a report and recommendation dated
May 8, 1991 from Camborne Construction Engineering, Inc. , the
Construction Manager for the proposed District Court building
expansion, which submits the preliminary budget construction
cost estimates and HVAC feasibility study, the Council does
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hereby authorize the preparation of specifications and thereafter
the taking of competitive bids for this project in accordance
with applicable provisions of law and City ordinance.
#437-91 RESOLVED, that having considered the report and
recommendation of the Director of Building Inspection dated
April 29, 1991 , which bears the signature of the Finance Director
and is approved for submission by the Mayor, the Council does
hereby authorize Stanson Wrecking Company, 6855 Haggerty Road,
Belleville, MI 48111 to demolish and remove the structure at
33428 Richland for the quoted price of $2,937.00, the same
to be appropriated and expended from the Civic Improvement
- Unsafe Buildings Account (205-525-882-050) with the provision
that said account be reimbursed at such time as funds are
subsequently recovered from the owners of the above property
as provided for in Chapter 15 52.180 of the Livonia Code of
Ordinances, FURTHER, the Council does hereby authorize the
said item without competitive bidding in accordance with Section
3.04.140D5 of the Livonia Code of Ordinances, as amended.
#438-91 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Public Utilities
Manager dated May 6, 1991 , which bears the signature of the
Finance Director and is approved for submission by the Mayor,
Ismthe Council does hereby authorize final payment in the amount
of $1 ,813.92 to Sole Construction Co. , 38272 Abruzzi Drive,
Westland, MI 48185, which sum includes the full and complete
balance due on a contract in the amount of $127,217.00, the
actual contract amount completed to date being $129,030.92,
in connection with the Newburgh Road Water Main Project, it
appearing from the aforementioned report that all work under
the said contract has been completed in accordance with City
standards and specifications, and the Council does hereby
appropriate and authorize the expenditure of the additional
sum of $1 ,813.92 from the Water Capital Improvement Account
(591-000-158-000) for this purpose
#439-91 RESOLVED, that WHEREAS, under the provisions of Title
I of the Housing and Community Development Act of 1987 the
Secretary of Housing and Urban Development is authorized to
make grants to units of local government to help finance
community development programs, and
WHEREAS, the primary objective of such Act is the development
of viable urban communities by providing decent housing and
suitable living environment and expanding economic opportunities,
principally for persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 1991 entitlement funds under
the Community Development Block Grant Program as authorized
by the Housing Community Development Act of 1987 , the City
of Livonia must submit a statement of Community Development
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Iwo objectives and projected use of funds, satisfactory assurances
that the Program will be conducted and administered in accordance
with appropriate Federal and State laws and Department of Housing
and Urban Development regulations, and satisfactory assurances
that, prior to submission of its final statement of Community
Development objectives and projected use of funds, it has (A)
provided citizens with adequate information concerning the
amount of funds available for proposed community development
and housing activities; the range of activities that may be
undertaken, and other important Program requirements, (B) held
a public hearing to obtain the views of citizens on community
development and housing needs, and (C) provided citizens an
adequate opportunity to examine the content of and to submit
comments on the proposed statement of Community Development
objectives and projected use of funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia,
that the Final Statement of Community Development Objectives
and Projected Use of Funds for the Fiscal Year 1991 Community
Development Block Grant Program is hereby approved and shall
be submitted to the Department of Housing and Urban Development.
#440-91 RESOLVED, that having considered the report and
recommendation of the Department of Law dated May 10, 1991 ,
lim approved for submission by the Mayor and submitted pursuant
to Council Resolution 112-91 in connection with a letter from
Nancy J Roualet of the law firm Zartarian & Bator, dated January
29, 1991 , submitted in behalf of their client, F.O.C. Associates,
the owner of certain property located at 27560 Joy Road, Livonia,
Michigan (144-99-0161-000) , which property apparently was
conveyed to the City of Livonia for non-payment of certain
real estate taxes, the Council does hereby determine to take
no further action
#441-91 RESOLVED, that having considered a communication from
the Department of Law, dated May 8, 1991 , submitted pursuant
to Council Resolution 326-91 , transmitting for Council acceptance
a grant of easement dated May 7 , 1991 , executed by Ronald M.
England and Margaret D. England, his wife, to the City for:
The South 20 feet of the following described parcel
Part of the Southwest 1/4 of Section 9, T. 1 S. , R. 9
E. , City of Livonia, Wayne County, Michigan, beginning
East 187. 50 feet from the Southwest corner of Section
9, thence East 180 feet, thence North 474 feet; thence
West 180 feet, thence South 474 feet to the point of
beginning, except the South 60 feet thereof (Tax Parcel
035-99-0002-001 )
L the Council does hereby determine, for and on behalf of the
City of Livonia, to accept the aforesaid grant of easement
and the City Clerk is hereby requested to have the same recorded
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with the Wayne County Register of Deeds and to do all other
things necessary or incidental to the full performance of this
resolution.
#442-91 RESOLVED, that having considered a communication from
the City Treasurer dated May 10, 1991 with regard to Treasury
Strip Purchases, the Council does hereby refer this item to
the Finance and Insurance Committee for its report and
recommendation.
#443-91 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, July 22,
1991 at 7:30 P.M. at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan with respect to the following item:
(1 ) Petition 91-2-1-4, submitted by the City Planning
Commission, for a change of zoning on property located
on the south side of Five Mile Road between Hubbard
Road and Fairfield Avenue in the Northwest 1/4 of
Section 22, from C-2 to OS, the City Planning
Commission in its resolution 4-82-91 having recommended
to the City Council that Petition 91-2-1-4 be approved,
(2) Petition 91-3-1-7, submitted by the City Planning
Commission pursuant to Council Resolution 46-91 for
a change of zoning on property located on the northeast
corner of Bretton Avenue and Middlebelt Road in the
Southwest 1/4 of Section 1 , from OS to RUF, the City
Planning Commission in its resolution 4-71-91 having
recommended to the City Council that Petition 91-3-1-7
be denied;
(3) Petition 91-4-1-9, submitted by B & K Development,
Inc. for a change of zoning on property located on
the north side of Plymouth Road west of Newburgh
Road in the Southeast 1/4 of Section 30, from RUF
to R-1 , the City Planning Commission in its resolution
4-73-91 having recommended to the City Council that
Petition 91-4-1-9 be approved ; and
(4) Petition 91-4-1-12, submitted by the City Planning
Commission for a change of zoning on property located
on the northeast corner of Clarita and Melvin Avenues
in the Northeast 1/4 of Section 11 , from R-7 to R-2,
the City Planning Commission in its resolution 5-88-91
having recommended to the City Council that Petition
91-4-1-12 be approved; and
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lisFURTHER, 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 amendment to the Zoning Ordinance, and/or (b)
location of the proposed change 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 registered 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
1444-91 WHEREAS, the Council in conformity with Act 338 of the
Public Acts of Michigan, 1974, as amended ( "Act 338") , and the
Internal Revenue Code of 1954, as amended, on June 20, 1984
approved a project plan (the "Project Plan") providing all
information and requirements necessary for a project undertaken
for the benefit of Action Distributing Company, Inc. (the
"Project") which included the issuance of a bond by The Economic
Development Corporation of the City of Livonia (the "Corporation")
entitled $3,500,000 The Economic Development Corporation of the
City of Livonia, Michigan Limited Obligation Revenue Bond (Action
Distributing Company, Inc. Project) Series A, dated as of July
1 , 1984 (the "Bond") , and
WHEREAS, Manufacturers National Bank of Detroit as sole
bondholder and Action Distributing Company, Inc. as obligor (the
"Obligor") have agreed to decrease the interest rate of the Bond
as shown in the Project Plan, and
WHEREAS, it is necessary to amend the Project Plan to
reflect the interest rate , and
WHEREAS, pursuant to Act 338 it is necessary to hold
a public hearing concerning the Amendment to Project Plan proposed
herein prior to taking legislative action relating to it,
NOW, THEREFORE, BE IT RESOLVED THAT
1 . Pursuant to the aforesaid Act 338 the Council shall
meet on Monday, July 22, 1991 at 7.30 o' clock p.m. , at which
time it shall conduct a public hearing on the Corporation's
submission of the Amendment to Project Plan and the adjustment
of the interest rate on the Bond.
2. The Clerk be and is hereby directed to give notice
of such public hearing by (1 ) publishing a notice thereof in
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The Observer, a newspaper of general circulation in the City
of Livonia (the "City") ; (2) posting in at least ten (10)
conspicuous and public places in the project district area as
defined in the Project Plan, and (3) mailing to the last known
owner of each parcel of real property in the project district
area at the last known address of the owner as shown by the tax
assessment records, which notices shall be published and given
at least fourteen (14) full days prior to the date set for said
hearing.
3. Said notice shall be in substantially the following
form•
OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC
HEARING TO CONSIDER APPROVAL OF AMENDMENT TO A PREVIOUSLY
APPROVED PROJECT PLAN AND ADJUSTMENT OF INTEREST RATE ON BOND AS
PROPOSED THEREIN AS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF
LIVONIA BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF
LIVONIA FOR ACTION DISTRIBUTING COMPANY, INC. PROJECT
PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts
of Michigan of 1974, as amended, The Economic Development
Corporation of the City of Livonia has submitted an amendment to
project plan to the Council for its approval.
The original project plan concerned the construction and
equipping of a 116, 500 square foot warehouse facility owned and
used by Action Distributing Company, Inc.
Said amendment to project plan deals with the adjustment of
the interest rate on a bond previously issued by The Economic
Development Corporation of the City of Livonia, entitled $3 ,500, 000
The Economic Development Corporation of the City of Livonia,
Michigan Limited Obligation Revenue Bond (Action Distributing
Company, Inc. Project) Series A, and dated as of July 1, 1984 (the
"Bond") .
The legal description of the Project Area, being the real
property on which the Action Distributing Company, Inc. Project is
located is:
A parcel of land in the N. E. 1/4 of Section 29 , T. 1S. ,
R.9E. , City of Livonia, Wayne Co. , Michigan, described as
all of Lots 9 and 10 except the west 13 feet of Lot 10 of
Veronica Industrial Park Sub. as recorded in Liber 100,
Pages 1, 2 and 3 , Wayne County Records, and containing
im 205, 279 Sq. Ft. or 4 .71 acres,
together with:
A parcel of land in the N.E. 1/4 of Section 29 , T. 1S. ,
R.9E. , City of Livonia, Wayne County, Michigan described
as follows : Beginning at a point distant S 02 ° 00 ' 16"
E 1380 feet and S 88° 08 ' 30" W 315 feet and S 02° 00 '
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im16" E 696 . 03 feet from the N.E. corner of said Section
29; thence from said point of beginning S 02° 00 ' 16" E
517 . 61 feet to a point on the North right-of-way line of
Chesapeake & Ohio Railroad; thence S 88° 14 ' 01" W 264 . 00
feet along said railroad right-of-way; thence N 02 ° 00 '
16" W 517 .7 feet along the East line of Vernonica
Industrial Park, as recorded in Liber 100, Pages 1, 2 , 3 ,
Wayne County Records; thence N 88° 08 ' 30" E 264 . 00 feet
along the South right-of-way line of Veronica Road to the
point of beginning, containing 3 . 136 acres, more or less.
The street address of Action Distributing Company, Inc. is
35601 Veronica; Livonia, Michigan 48150.
The Council will meet at 7:30 o 'clock p.m. , Monday
the 22nd day of July , 1991, at the City offices located
at 33001 Civic Center Drive, Livonia, Michigan, and will conduct a
public hearing.
The public hearing shall consider the advisability of the
Council approving, modifying or rejecting by resolution said
amendment to project plan and the adjustment of the interest rate
im on the Bond as proposed therein.
THIS NOTICE is given pursuant to the requirements of
Sections 10 and 17 of Act 338 , Public Acts of Michigan, 1974 , as
amended. The original plan, amendment to project plan and relevant
maps or plats are available for inspection at the City Clerk's
office.
All interested citizens are encouraged and will be offered an
opportunity at said hearing to address the Council concerning said
amendment to project plan. Written comments may also be submitted
to the City Clerk prior to said hearing.
City Clerk
4. The Council does hereby determine that the foregoing
form of notice and the manner of publication directed is adequate
notice to the citizens of the City and is well calculated to
inform them of the intention of the Council to hold a public
hearing and the purpose of the public hearing.
5 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 resolutions with the following result:
26490
AYES. Toy, Taylor, Jurcisin, Ochala , Feenstra and McCotter.
NAYS. None.
Councilman Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 10.02 AND
10.03 OF ARTICLE X AND SECTIONS 11 .02 AND
11 .03 OF ARTICLE XI OF ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE. " (Petition
90-6-6-4)
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.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
Lit was
#445-91 RESOLVED, that having considered a communication from
the Mayor, dated May 13, 1991 , the Council does hereby approve
of and concur in the reappointment of Jack Engebretson, 18871
Comstock, Livonia, Michigan 48152, to the City Planning Commission
for a term of three years, which term will expire June 9, 1994,
provided that Mr. Engebretson takes the oath of office as required
in Section 2, Chapter X of the City Charter to be administered
by the City Clerk
A roll call vote was taken on the foregoing resolution with the following result
AYES: Toy, Bishop, Taylor and McCotter
NAYS Ochala and Feenstra.
The President declared the resolution adopted.
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
it was
#446-91 RESOLVED, that having considered a communication from
the Mayor, dated May 13, 1991 , the Council does hereby approve
of and concur in the reappointment of Brenda Fandrei , 19578
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Lis Fitzgerald, Livonia, Michigan 48152, to the City Planning
Commission for a term of three years, which term will expire
June 9, 1994, provided that Ms. Fandrei takes the oath of office
as required in Section 2, Chapter X of the City Charter to be
administered by the City Clerk.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Toy, Bishop, Taylor and McCotter.
NAYS Ochala and Feenstra.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#447-91 RESOLVED, that having considered a communication from
the Mayor, dated May 13, 1991 , the Council does hereby approve
of and concur in the reappointment of Raymond W. Tent, 18051
Deering, Livonia, Michigan 48152, to the City Planning Commission
for a term of three years, which term will expire June 9, 1994,
provided that Mr. Tent takes the oath of office as required
in Section 2, Chapter X of the City Charter to be administered
by the City Clerk.
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
and unanimously adopted, it was
#448-91 RESOLVED, that having considered a communication from
the Mayor, dated May 13, 1991 , wherein it is indicated that
Mr Kenneth Hale, 31950 Cambridge, Livonia, Michigan 48154 has
been reappointed to the Board of Directors of the Economic
Development Corporation of the City of Livonia for a six year
term expiring June 7, 1997, the Council does hereby approve
of and concur in the aforesaid action, provided that Mr. Hale
takes the oath of office as required in Chapter X, Section 2
of the City Charter to be administered by the Office of the
City Clerk
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#449-91 RESOLVED, that having considered a communication from
the Mayor, dated May 13, 1991 , wherein it is indicated that
Mr. Richard Hayward, 17159 Loveland, Livonia, Michigan 48152
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lim has been reappointed to the Board of Directors of the Economic
Development Corporation of the City of Livonia for a six year
term expiring June 7, 1997, the Council does hereby approve
of and concur in the aforesaid action, provided that Mr. Hayward
takes the oath of office as required in Chapter X, Section 2
of the City Charter to be administered by the Office of the
City Clerk.
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
and unanimously adopted, it was
#450-91 RESOLVED, that having considered a communication from
the Mayor, dated May 13, 1991 , wherein it is indicated that
Mr. Alan C. Helmkamp, 36420 Sherwood, Livonia, Michigan 48154
has been reappointed to the Board of Directors of the Economic
Development Corporation of the City of Livonia for a six year
term expiring June 7, 1997, the Council does hereby approve
of and concur in the aforesaid action, provided that Mr. Helmkamp
takes the oath of office as required in Chapter X, Section 2
of the City Charter to be administered by the Office of the
City Clerk.
1110 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#451-91 RESOLVED, that having considered a communication from
the City Assessor, dated April 26, 1991 , approved for submission
by the Mayor, with regard to a request from James Yuzwalk and
Kallie Roesner, 34805 Norfolk, 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 and combination
of Tax Item Nos. 46 014 02 0025 001 and 46 014 02 0026 001 into
four parcels, the legal descriptions of which shall read as
follows•
Parcel "A"
West 97.0 ft. of Lot 25, except the South 255.70 ft. thereof,
FAIRWAY SUB. No. 2, City of Livonia, Wayne County, Michigan
Plat rec'd in Liber 71 , Pg 64 WCR.
Parcel "B"
East 123 0 ft. of Lot 25 and West 8 0 ft. of Lot 26, Except
the South 255.7 ft thereof, FAIRWAY SUB No 2, City of Livonia,
Wayne County, Michigan. Plat rec'd Liber 71 , Pg 64 WCR.
Parcel "C"
East 120.0 ft. of West 128 0 ft of Lot 26, Except the South
255.70 ft. thereof, FAIRWAY Sub No 2, City of Livonia, Wayne
County, Michigan Plat rec'd in Liber 71 , Pg 64 WCR.
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low
Parcel "D"
East 97.0 ft. of Lot 26, Except the South 255 70 ft. thereof,
FAIRWAY SUB No. 2, City of Livonia, Wayne County, Michigan.
Plat rec'd in Liber 71 , Pg. 64, WCR.
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.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#452-91 RESOLVED, that having considered a communication from
the Director of Public Works dated May 15, 1991 , approved by
the Director of Finance and approved for submission by the Mayor,
and to which is attached a letter from the Livonia Anniversary
Committee, Inc (Spree) wherein a cash donation in the amount
of $500 00 is being submitted for the purpose of installing
ihm pole clamps on utility poles to accommodate the placement of
2' x 5' banners throughout the Civic Center area, the Council
does hereby for and on behalf of the City of Livonia accept
the said cash donation for this purpose.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#453-91 RESOLVED, that having considered a communication from
the Director of Public Works dated May 15, 1991 , approved by
the Director of Finance and approved for submission by the Mayor,
and to which is attached a letter from the Livonia Anniversary
Committee, Inc. (Spree) wherein a cash donation in the amount
of $500 00 is being submitted for the purpose of installing
pole clamps on utility poles to accommodate the placement of
2' x 5' banners throughout the Civic Center area, the Council
does hereby refer this to the Committee of the Whole for its
report and recommendation.
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
and unanimously adopted, it was
#454-91 WHEREAS, at an Election held in the City of Livonia
(the "City") on November 7, 1989, the qualified electors of
the City voted in favor of the following bonding proposition•
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111 State and Highway Bonding Proposition
Shall the City of Livonia, County of Wayne,
Michigan borrow the principal sum of not to exceed
Twelve Million Dollars ($12,000,000) and issue its
general obligation unlimited tax bonds therefor, for
the purpose of defraying the City's share of the cost
of paving, repaving, repairing, widening and improving
streets and highways within the City, including
necessary rights of way, railroad grade separations,
sidewalks, traffic signalization, curbs and gutters
and proper drainage facilities therefor.
AND WHEREAS, the City has previously issued its $1 ,500,000
1990 General Obligation Unlimited Tax Bonds as a first series
of such authorization;
AND WHEREAS, it has been determined by the City Council ,
that at this time bonds in the principal amount of Four Million
Dollars ($4,000,000) should be issued, being the second series
of the total amount authorized by the electors.
NOW, THEREFORE, BE IT RESOLVED THAT
1 . Bonds of the City, designated 1991 GENERAL OBLIGATION
UNLIMITED TAX BONDS, be issued in the aggregate principal amount
of Four Million Dollars ($4,000,000) , for the purpose of paying
the cost of certain of the improvements described in the preamble
hereto, 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 June 1 , 1991 , 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 1992 $275,000 2000
150,000 1993 300,000 2001
175,000 1994 325,000 2002
200,000 1995 350,000 2003
225,000 1996 375,000 2004
200,000 1997 400,000 2005
225,000 1998 475,000 2006
250,000 1999
Said bonds shall bear interest at a rate or rates to be determined
on public sale thereof, but in any event not exceeding 9% per
annum, payable on March 1 , 1992, and semiannually thereafter
on September 1st and March 1st of each year, by check drawn
on the Transfer Agent (hereinafter defined) , mailed to the
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lowregistered owner at the registered address, as shown on the
registration books of the City maintained by the Transfer Agent.
Interest shall be payable to the registered owner of record
as of the fifteenth day of the month prior to the payment date
for each interest payment The date of determination of
registered owner for purposes of payment of interest as provided
in this paragraph may be changed by the City to conform to market
practice in the future. The principal of the bonds shall be
payable at NBD Bank, N.A. , Detroit, Michigan, 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 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 depository account
to be designated 1991 GENERAL OBLIGATION 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
26496
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.
3. There shall be deposited in a special depository
account to be established by the Treasurer designated the 1991
GENERAL OBLIGATION 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 , 1991 , 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
1991 GENERAL OBLIGATION UNLIMITED TAX BOND
26497
ir
Interest Rate Maturity Date Date of
Original Issue CUSIP
March 1, June 1, 1991
Registered Owner:
Principal Amount: Dollars
THE CITY OF LIVONIA, Wayne County, State of Michigan (the
"City") , 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, until paid, at the
Interest Rate per annum specified above, first payable on
March 1, 1992 and semiannually thereafter. Principal of this
bond is payable upon presentation and surrender of this bond at
the principal corporate trust office of NBD Bank, N.A. , Detroit,
Michigan, or such other transfer agent as the City may hereafter
designate 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 $4 , 000 , 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 second series of such voter
authorization.
The series of bonds of which this is one is issued for the
purpose of paying the cost of acquiring and constructing
improvements to the City' s street and highway system. The full
faith, credit and resourcns 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.
Bonds maturing in the years 1992 to 2000, inclusive, shall
not be subject to redemption prior to maturity.
im
26498
Bonds or $5, 000 portions thereof maturing in the years 2001
to 2006, 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, 2000 at par and accrued interest to the date
fixed for redemption plus a premium (expressed as a percentage of
principal amount) as follows:
1-1/2% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2000, but prior to
March 1, 2001;
1% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2001, but prior to
March 1, 2002 ;
1/2% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2002 , but prior to
March 1, 2003 ;
No premium shall be paid on bonds or portions of bonds
redeemed on or after March 1, 2003 .
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 registered 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
26499
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.
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 signature of
its Mayor and to be countersigned by the facsimile signatures of
its City Clerk and City Treasurer, all as of the Date of Original
Issue.
CITY OF LIVONIA
COUNTY OF WAYNE
STATE OF MICHIGAN
By (Facsimile]
Mayor
Countersigned:
(Facsimile]
im City Clerk
(Facsimile]
City Treasurer
26500
[FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION]
Certificate of Authentication
This bond is one of the bonds described above.
NBD BANK, N.A. ,
Transfer Agent
By
Authorized Signature
Date of Authentication
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
im
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:
im
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.
26501
166
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:
OFFICIAL NOTICE OF SALE
$4 , 000, 000
CITY OF LIVONIA
COUNTY OF WAYNE
STATE OF MICHIGAN
1991 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
L33000 Civic Center Drive, Livonia, Michigan 48154 , on Monday, the
3rd day of June, 1991, until o ' clock .m. , Eastern Daylight
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, at 8 : 00 o ' clock p.m. ,
Eastern Daylight Time, 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
June 1, 1991, and will bear interest from their date, payable on
March 1, 1992 , 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 1992 ; $275 , 000 2000;
150, 000 1993 ; 300, 000 2001;
175, 000 1994 ; 325, 000 2002 ;
200, 000 1995; 350, 000 2003 ;
im 225, 000
1996 ; 375, 000 2004 ;
200, 000
225, 000
1997 ;
1998 ;
400 , 000 2005;
475, 000
2006.
250, 000 1999 ;
PRIOR REDEMPTION: Bonds maturing in the years 1992 to 2000,
inclusive, shall not be subject to redemption prior to maturity.
26502
LBonds or $5 , 000 portions thereof maturing in the years 2001
to 2006 , 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, 2000, at par and accrued interest to the date
fixed for redemption, plus a premium (expressed as a percentage
of par value) as follows:
1-1/2% of the principal amount of each bond or portion
thereof redeemed, on or after March 1, 2000 , but prior to
March 1, 2001;
1% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2001, but prior to
March 1, 2002 ;
1/2% of the principal amount of each bond or portion
thereof redeemed on or after March 1, 2002 , but prior to
March 1, 2003 .
No premium shall be paid on bonds or portions of bonds
called for redemption on or after March 1, 2003 .
In case less than the full amount of an outstanding bond is
Lcalled 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
(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. 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.
INTEREST RATE AND BIDDING DETAILS : The bonds shall bear interest
at a rate or rates not exceeding 9% per annum, to be fixed by the
bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or
both. 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.
im TRANSFER AGENT AND REGISTRATION: Principal and interest shall be
payable at the principal corporate trust office of NBD Bank,
N.A. , Detroit, 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.
26503
im 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.
PURPOSE AND SECURITY: The bonds were authorized at an election
held November 7 , 1989 , for street and highway system improvements
and are the second issue of a total 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.
ir 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
$80, 000 drawn upon an incorporated bank or trust company and
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 unsuccess-
ful 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 August 1, 1991, 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
26504
has not been requested to examine 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 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 BONDS ARE EXPECTED TO BE
DELIVERED ON JUNE 25, 1991, AND EACH BIDDER, BY SUBMISSION OF A
BID FOR THE BONDS, AGREES TO TARE UP AND PAY FOR THE BONDS ON
JUNE 25, 1991. 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 Daylight 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 proposal 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
im 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 10 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.
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 250 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 should
be made to the City' s Financial Consultants listed below within
24 hours of the date of sale.
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.
26505
FURTHER INFORMATION with respect to said bonds may be obtained
from: Stauder, Barch & Associates, Inc. , 3989 Research Park
Drive, Ann Arbor, Michigan 48108 .
Telephone: (313) 668-6688 .
' THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS .
ENVELOPES containing the bids should be plainly marked "Proposal
for General Obligation Bonds. "
Robert F. Nash
City Clerk
City of Livonia, Michigan
7. The City hereby covenants 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.
8. The City reasonably anticipates not to issue more
than $10,000,000 in tax-exempt obligations during the 1991
calendar year. The City hereby designates the bonds of this
issue as "qualified tax-exempt obligations" for purposes of
deduction of interest expense by financial institutions pursuant
to the Code.
9. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be and
the same hereby are rescinded.
IL. On a motion by Councilwoman Toy, seconded by Councilman Feenstra,
and unanimously adopted, it was
26506
1455-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 10, 1991 , which transmits
its resolution 4-80-91 , adopted on April 30, 1991 , with regard
to the proposed preliminary plat of Cane Woods Subdivision to
be located on the north side of Seven Mile Road between Gill
Road and Gary Lane in the Southwest 1/4 of Section 4, City of
Livonia, Wayne County, Michigan, and the preliminary plat having
been approved by the City Planning Commission on April 30, 1991 ,
and having also considered a copy of a letter addressed to the
Mayor dated May 15, 1991 from Soave Developments, the Council
does hereby refer this item to the Committee of the Whole for
its report and recommendation.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
1456-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 10, 1991 , which transmits
its resolution 4-79-91 , adopted on April 30, 1991 , with regard
to the proposed preliminary plat of Camborne Pines Subdivision
to be located south of Six Mile Road between Harrison and Savoie
Roads in the Northwest 1/4 of Section 13, City of Livonia, Wayne
County, Michigan, and the preliminary plat having been approved
by the City Planning Commission on April 30, 1991 , 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.
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#457-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Parks and Recreation dated May 17, 1991 ,
approved by the Director of Finance and approved for submission
by the Mayor, wherein certain amendments to the Sublease Agreement
for the Fox Creek Clubhouse Restaurant have been recommended
in connection with completion of the restaurant improvements,
the Council does hereby authorize the Mayor and City Clerk to
execute an amendment to the sublease agreement in a form to
be prepared and approved by the Department of Law as follows.
IL.
26507
1 . To revise Section 3.16 Future improvements of the sublease
agreement to acknowledge the City, as landlord, will
bear the additional amount of $27,900.00 for the items
described herein, and
2. To increase the rent payments in the amount of $655.67
per month over-a five year period to reimburse the City
for financing the tenant' s costs in the amount of
$33,510.00;
FURTHER, the Council does hereby appropriate and authorize the
expenditure of the sums of $27,900.00 and $33,510.00 from the
proceeds of the short-term borrowing note authorized by the
City Council in December, 1990 for this purpose.
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted it was
1458-91 WHEREAS, June 3, 1991 , at 2:00 o'clock p.m. , Eastern
Daylight Time, has been set as the date and time for opening
bids for the purchase of the issuer' s $4,000,000 1991 General
Obligation Unlimited Tax Bonds,
AND WHEREAS, said bids have been publicly opened and
read,
AND WHEREAS, the following bids have been received:
Average Net
Interest Interest Interest
Bidder Maturity Rate Premium Rate Cost
1 . Kemper Securities 1992-99 8% 6.336% $2,351 ,850
Group 2000 6 10
2001 6 20
2002 6.25
2003 6.35
2004 6.45
2005 6.00
2006 5 00
2. NBD Bank, N.A. 1992-2000 8.50% 6.461% $2,398,416.67
2001 8 00
2002-06 5. 50
3. Merrill-Lynch 1992-97 9 00% 6.486% $2,407,416.67
1998 6.75
1999
2000 6.10
2001 6.00
6.20
26508
2002
6.30
2003 6.40
2004
6.50
2005-06 6.00
4. Griffin, Kubik, 1992 6.375% 6.493% $2,410,104.17
Clayton, Brown 1993-2000 8.00
2001 7.50
2002 6.50
2003 6.60
2004 6.70
2005-06 5.00
5. Dean Witter 1992-96 8.50% $795.75 6.5411% $2,427,870.92
Reynolds 1997 7.00
1998 6.00
1999 6.10
2000 6 20
2001 6.25
2002 6 30
2003 6.40
2004 6. 50
2005-06 6 50
1110 AND WHEREAS, the bid of Kemper Securities Group has
been determined to produce the lowest interest cost to the issuer.
NOW, THEREFORE, BE IT RESOLVED THAT
1 . The bid of Kemper Securities Group, as above stated,
be and the same is hereby accepted.
2. Checks of the unsuccessful bidders be returned
to each bidder's representative or by registered mail .
3. The Issuer hereby covenants that, to the extent
permitted by law, it shall take all actions within its control
necessary to maintain the exclusion of the interest on the Bonds
from adjusted gross income for general federal income tax purposes
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.
4. The Issuer hereby designates the Bonds of this
issue as "qualified tax exempt obligations" for purposes of
deduction of interest expense by financial institutions pursuant
to the Code.
1160 5. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be and
the same hereby are rescinded
26509
On a motion by Councilman Ochala, seconded by Councilman Taylor,
it was
#459-91 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 358 for a proposed street improvement consisting of a 28
foot wide asphalt pavement with mountable asphalt curbs (Alternate
III) on Sunset (Seven Mile to Clarita) and Clarita (Bainbridge
to Sunset) located in the Northwest 1/4 of Section 11 , in the
City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, a public hearing
thereafter having been held thereon on Wednesday, May 22, 1991 ,
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 levied in the special assessment roll
as prepared by the City Assessor to cover the district portion
of the cost of a street improvement to be constructed in Special
Assessment District No 358; and
WHEREAS, the City Council has heard and carefully considered
ifts 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 March 25, 1991 , in the amount of $84,457.00,
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. 358 is hereby approved
and confirmed in all respects, effective June 3, 1991 ;
(3) The amount of said roll shall be divided into fifteen
(15) equal annual installments with interest at the
rate of eight percent (8%) per annum on the unpaid balance
of the assessment from December 1 , 1991 . 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
Ibm 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
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possible. The first installment shall be due and payable
December 1 , 1992 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 , 1991 ,
(5) The first installment shall be spread upon the 1992
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 , 1991 , and thereafter one (1 ) installment shall
be spread upon each annual tax roll together with
one (1 ) years 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 15%
of the paving costs ($14,904.00) ,100% of drainage
costs ($32,200.00) for a total amount of ($47,104 00. )
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Taylor, Jurcisin, Ochala, Feenstra and McCotter.
NAYS. Toy.
The President declared the resolution adopted
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#460-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 1 , 1991 , which sets
forth its resolution 3-46-90 adopted on March 19, 1991 with
regard to Petition 91-2-1-6, submitted by Rotondo Brothers for
Vera Carroll for a change of zoning on property located on the
southwest corner of Seven Mile and Wayne Roads in the Northeast
1/4 of Section 8, from R-4B to R-3, and the Council having
conducted a public hearing with regard to this matter on
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Wednesday, May 22, 1991 , pursuant to Council Resolution 328-91 ,
the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 91-2-1-6 is hereby
approved and granted with the addition of Suffix B to the proposed
R-3 Zoning District; and the City Planner is hereby instructed
to cause the necessary map for publication to be prepared
indicating the zoning change 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 543, as amended, in accordance with this
resolution.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#461-91 RESOLVED, that pursuant to Section 21 .02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended,
and Section 5 of Act 207 of the Public Acts of Michigan of 1921 ,
as amended, David P. Parr, 14388 Gary Lane, Livonia, Michigan
48154, is hereby reappointed as a member of the Zoning Board
of Appeals, for a three year term of office, such term commencing
on July 12, 1991 , which will expire on July 12, 1994, provided
that Mr. Parr takes the oath of office as required in Chapter
X, Section 2 of the City Charter, to be administered by the
Office of the City Clerk.
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#462-91 RESOLVED, that having considered a communication dated
May 16, 1991 , from the Department of Law transmitting for Council
acceptance a Quit Claim Deed, more particularly described as:
Quit Claim Deed dated May 8, 1991 , executed by Joseph
R. Thomas, Director, and Michael J. Sise, Assistant
Secretary, of McDonald' s Corporation, dba Delaware
McDonald' s Corporation, a Delaware corporation for
The west 60 feet of the following parcel of land:
In the City of Livonia, Wayne County, Michigan; commencing
at a 3/4" iron pipe in monument box at the Southwest corner
of Section 25, Township 1 South, Range 9 East, thence
along the West line of said section North 00°33' 50" East
809 98 feet (previously described as 810.00 feet) , being
fra. the point of beginning of this description; thence
continuing along the West line of said section North
00°33' 50" East 249.69 feet, thence South 89°54' 10" East
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L 60.00 feet to a T-iron stake, thence continuing South
89°5410" East 250.01 feet to a T-iron stake; thence
parallel with the West line of said section South 00°33' 50"
West 251 .00 feet to a 1-iron stake; thence North 89°39' 37"
West (previously described as North 89°39'39" West) 250.00
feet to a T-iron stake; thence continuing North 89°39' 37"
West (previously described as North 89°39'39" West) 60.00
feet to the Point of Beginning; being a part of the
Southwest quarter of the Southwest quarter of Section
25, Township 1 South Range 9 East. (Middlebelt Road
right-of-way Parcel 099-99-0007-005)
the Council does hereby, for and in behalf of the City of Livonia,
accept the aforesaid Quit Claim Deed, and the City Clerk is
hereby requested to have the same recorded in the office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution; and the
Mayor and City Clerk are hereby authorized, for and on behalf
of the City of Livonia, to execute a proper deed of conveyance
of the above described Middlebelt Road right-of-way to the County
of Wayne.
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
Land unanimously adopted, it was
#463-91 RESOLVED, that having considered the report and
recommendation of the City Engineer dated May 15, 1991 , approved
as to form by the City Attorney and approved for submission
by the Mayor, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute
a "Newburgh Village Underground Distribution Easement (Right
of Way) No. W-8821 " from the Detroit Edison Company for the
purpose of establishing a six (6) foot wide easement for Detroit
Edison underground facilities and accessories across the
City-owned Newburgh Village site in the S.E. 1/4 of Section
30; AND FURTHER that the City Clerk be authorized to record
the aforesaid easement with the Wayne County Register of Deeds.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
1464-91 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82
so as to permit consideration of several items that do not appear
on the agenda.
I.
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linOn a motion by Councilman Feenstra, seconded by Councilman Ochala,
and unanimously adopted, it was
1465-91 RESOLVED, that having considered a letter from George
Marvaso, 1618 Westchester Drive, Westland, Michigan 48185, dated
May 22, 1991 , wherein he is withdrawing his appeal of the decision
made by the Planning Commission on April 30, 1991 , which denied
Petition 91-3-2-9 to utilize a Class C Liquor License, the Council
does hereby rescind and repeal Council Resolution 399-91 adopted
on May 15, 1991 .
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
1466-91 RESOLVED, that in view of the possible influx of the
gypsy moth and the possible damage it may do to trees and other
shrubs in the community, and also having considered the damage
which has resulted by reason of the birch borer, the Council
does hereby request that the Director of Public Works submit
a report and recommendation with regard to the funding, not
only in the current budget but also in next year's budget, in
order to combat these problems
On a motion by Councilwoman Toy, seconded by Councilman Ochala, and
unanimously adopted, this 1 ,202nd Regular Meeting of the Council of the City of
Livonia was adjourned at 8:25 P.M. , June 3, 1991 .
RLIert F. Nash, City Clerk