HomeMy WebLinkAboutCOUNCIL MINUTES 1986-11-19 22943
ims MINUTES OF THE ONE THOUSAND AND NINETY—SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 19, 1986, 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 8.10 P.M. Councilman Feenstra delivered the invocation. Roll
was called with the following result Robert R. Bishop, Joan McCotter, Fernon
P. Feenstra, Robert E. McCann, Gerald Taylor, Robert D. Bennett and Ron Ochala.
Absent: None.
Elected and appointed officials present Robert F. Nash, City Clerk,
Harry Tatigian, City Attorney, Jack Dodge, Director of Finance, John Nagy, Planning
Director; Joan Duggan, Executive Assistant to the Mayor, Marilyn Kazmer, Director
of Legislative Affairs, Robert F. Biga, Labor Relations Director, Robert Beckley,
Superintendent of Public Service Division and Jeanne Treff, Cable TV Director.
By Councilman Taylor, seconded by Councilman Feenstra, and unanimously
adopted, it was
#1111-86 RESOLVED, that the minutes of the 1 ,091st Regular
Meeting of the Council of the City of Livonia, held November
10, 1986, are hereby approved.
Unanimously moved, supported and adopted, it was
#1112-86 WHEREAS, the City of Livonia wishing to recognize
another State championship, the Stevenson Spartan Class "A"
Soccer Team, and
WHEREAS, this achievement adds to the growing sports
recognition making the City of Livonia a sports championship
city, and
WHEREAS, the championship Stevenson Spartans completed
an overall 20-0-3 record showing their continued dominance
in the sport, and
imw
WHEREAS, the Spartans, under the leadership of their
coach Peter Scerri completed their second state championship
with primarily a sophomore and junior team, and
22944
IwoWHEREAS, the Spartans prevailed under adverse playing
conditions and battled a truly formidable foe, and
WHEREAS, the effort, dedication, sportsmanship and
high academic record demonstrated by this team brings recognition
to the students, faculty and all citizens of Livonia,
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City
of Livonia commemorates this noteworthy effort with this
resolution paying tribute to a truly great sports achievement.
A communication from the Department of Law, dated November 10, 1986 re
FCA Senior Citizens Housing Corporation v City of Livonia, et al . ; Wayne County
Circuit Court Case No. 86-612348 CZ was received and placed on file for the
information of the Council .
At the direction of the Chair, the veto by the Mayor of CR 1107-86
regarding the mayoral vacancy, dated November 12, 1986, was placed on the Agenda
Lof the Regular Meeting of December 8 , 1986
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
it was
#1113-86 RESOLVED, that having considered a letter from Milton
E. Vingsness and Patricia A. Vingsness, 14050 Eckles Road,
Livonia, Michigan 48154, dated October 25, 1986, with regard
to the accumulation of debris and other problems concerning
certain City-owned property located at the Northeast corner
of Schoolcraft and Eckles Road, the Council does hereby refer
this item to the Director of Public Works and to the Chief
of Police for their respective reports and recommendations
(including the placing of a For-Sale Sign on this property. )
#1114-86 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated September 2, 1986,
and the report and recommendation of the Chief of Police dated
October 30, 1986, in connection therewith, the Council does
hereby approve of the request from Matthew M. McGee, stockholder
in Matt-M, Inc , to transfer ownership of 1986 Class C Licensed
Business with Dance Permit from Rick Mar, Inc. , for a business
located at 19170 Farmington, Livonia, Michigan 48152, Wayne
County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission.
22945
imp #1115-86 RESOLVED, that having considered the report and
recommendation of the City Engineer dated October 13, 1986
which bears the signature of the Director of Finance and is
approved for submission by the Mayor and which is submitted
pursuant to Council Resolution 320-86, adopted on March 26,
1986, with regard to a proposed special assessment street
improvement project for Rayburn (Hubbard to Farmington) , Woodring
and Loveland (North of Rayburn), the Council does hereby refer
this item back to the Engineering Department for the preparation
of a new report for the inclusion of additional streets in
this area as part of the overall proposed special assessment
street improvement project.
A roll call vote was taken on the foregoing resolutions with the following result.
AYES: Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop.
NAYS None.
Councilman Bennett took from the table, for second reading and
adoption, the following Ordinance
lbw AN ORDINANCE AMENDING SECTIONS 030, 060,
070, 080 A, 090, 100, 140 F, 150 A, 250
AND 270 OF TITLE 3, CHAPTER 08 (SPECIAL
ASSESSMENTS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES. Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop.
NAYS: None
The President declared the Ordinance duly adopted and would become effective on
publication.
Councilman Feenstra took from the table, for second reading and
adoption, the following Ordinance•
AN ORDINANCE AMENDING SECTION 070 OF
TITLE 5, CHAPTER 06 (ALARM SYSTEMS AND
DEVICES) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED.
ilmw A roll call vote was taken on the foregoing Ordinance with the following result•
22946
AYES: Feenstra, McCann, Bennett, Ochala, McCotter.
NAYS. Taylor, Bishop.
ibm The President declared the Ordinance duly adopted and would become effective on
publication.
Councilman Taylor took from the table, for second reading and
adoption, the following Ordinance:
AN ORDINANCE AMENDING SECTION 27 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
86-7-1-31 , change of zoning from P.L.
to M-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES. Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop.
NAYS: None.
IwoThe President declared the Ordinance duly adopted and would become effective on
publication.
Councilman Bennett took from the table, for second reading and
adoption, the following Ordinance.
AN ORDINANCE AMENDING SECTION 27 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
86-7-1-32, change of zoning from P.L.
to M-2)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop.
NAYS• None.
The President declared the Ordinance duly adopted and would become effective on
publication.
22947
IwoCouncilman Feenstra took from the table, for second reading and
adoption, the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 86-6-3-5)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publication.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
11116-86 RESOLVED, that having considered a communication
from certain residents of the Fairway Farms Subdivision, received
Iwo by the office of the City Clerk on October 17, 1986, which
is located North of Five Mile and East of Levan Road, and before
determining to install street lights in the Fairway Farms
Subdivision in the City of Livonia, the cost of which is to
be defrayed by special assessment, the City Engineer is hereby
requested to ascertain the assessed valuation of all property
affected by the proposed improvement, the number of parcels
which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are now vacant,
and to prepare and cause to be prepared, plans and specifications
therefor and an estimate of the cost thereof, and to file the
same with the City Clerk together with his recommendation as
to what proportion of the cost should be paid by special
assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments
may be paid and the lands which should be included in the
proposed special assessment district, pursuant to the provisions
of Section 3 08 140 of the Livonia Code of Ordinances, as
amended
On a motion by Councilman Feenstra, seconded by Councilman McCann, and
unanimously adopted, it was
11117-86 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated October
21 , 1986, approved by the Director of Finance and approved
22948
ibm for submission by the Mayor, the Council does hereby accept
the bid of Aladdin Coverall Supply Co. , 25 Victor Avenue,
Highland Park, Michigan 48203, for supplying Public Service
Division employees with rental uniforms and cleaning service
at the unit price bid and for an estimated total weekly amount
of $312.60 for the period through November 30, 1988, the same
having been in fact the lowest bid received and meets all
specifications.
On a motion by Councilman Bennett, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#1118-86 RESOLVED, that having considered the report and
recommendation of the City Engineer dated October 22, 1986,
approved by the Director of Public Works and the Superintendent
of Parks and Recreation and approved for submission by the
Mayor, and submitted pursuant to Council Resolution 653-85,
with regard to the question of whether a more effective barricade
should be installed at the end of Curtis Avenue in Rotary Park
in Section 10, the Council does hereby determine as follows:
(A) That the Department of Public Works is hereby requested
to remove existing debris and unwanted materials
lie and install a "No Dumping" sign at the Curtis Avenue
entrance to Rotary Park,
(B) That the Police Department is requested to more
diligently enforce Section 10 81 .120 of the Livonia
Code of Ordinances, which Section prohibits the
operation of motorized vehicles within a City park,
and
(C) That the Streets, Roads and Plats Committee is hereby
requested to submit a report and recommendation with
regard to constructing a barricade and/or fence at
the Curtis Avenue entrance to Rotary Park.
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
it was
#1119-86 RESOLVED, that having considered a communication
from the Mayor dated October 20, 1986, wherein it is recommended
that a deferred severance payment procedure for all classified
and unclassified employees be established whereby terminating
employees could elect, at the employee's option, to receive
ims severance payouts in payments extended over a maximum of five
(5) years rather than in one lump sum, the Council does hereby
refer this item to the Finance and Insurance Committee for
its report and recommendation.
22949
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, McCann, Taylor, Bennett, Ochala, lishop.
NAYS: McCotter.
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
it was
#1120-86 RESOLVED, that having considered a communication
from the City Planning Commission dated October 29, 1986, which
transmits its resolution 10-283-86, adopted or October 21 ,
1986, with regard to Petition 86-7-8-39, submitted by Jude
T. Fusco Associates, Inc. , requesting site plan approval in
connection with a proposal to construct an elderly retirement
residence on the West side of Middlebelt, between Bentley and
Schoolcraft in Section 23, pursuant to the provisions set forth
in Section 29.02 of Ordinance 543, as amended, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 86-7-8-39 is hereby approved and granted,
such approval to be based upon the same conditions as those
set forth in the aforesaid recommendation of the Planning
Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, McCann, Taylor, Bennett, Ochala, VcCotter, Bishop.
NAYS. None.
On a motion by Councilman Feenstra, seconded by Councilman Ochala, and
unanimously adopted, it was
11121-86 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated August 27, 1986, and
the report and recommendation of the City Clerk dated October
23, 1986, in connection therewith, (and submitted pursuant
to Council Resolution 1013-86), with regard to a request from
WSU Restaurant Holding Company for transfer of ownership of
1982 Class C License located in escrow from Ja:ks or Better
Family Tavern, Inc , Paul Borock (with license to remain in
escrow) , for a business located at 11005 Mid:lebelt Road,
Livonia, Michigan, Wayne County, the Council does hereby refer
this item to the Study Session of the Council tc be conducted
on November 24, 1986
22950
On a motion by Councilman McCann, seconded by Councilman Ochala, and
imp unanimously adopted, it was
#1122-86 RESOLVED, that having considered a communication
from the City Engineer dated November 4, 1986, approved for
submission by the Mayor Pro Tem, with regard to having additional
data and programs placed on the new City computer, the Council
does hereby authorize the purchase of new equipment for this
purpose and does, therefore, authorize the transfer of the
sum of $3,019 from Testing Account 101-441-728 000 to Capital
Outlay Account 101-441-987.000.
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
it was
#1123-86 RESOLVED, that having considered a report and
recommendation from the Executive Assistant to the Mayor, the
Director of Public Works and the Director of Finance dated
November 12, 1986, approved for submission by the Mayor Pro
Tem, to which is attached a proposed agreement between the
City of Livonia and New World Systems, wherein the latter would
provide maintenance for software application as listed under
Section 4, and also provide services as listed under Section
2 of the agreement, and which agreement would be in effect
for the period December 1 , 1986 through November 30, 1989,
the Council does hereby request that the Mayor and City Clerk,
for and on behalf of the City of Livonia, execute the said
agreement in the manner and form herein submitted, subject
to approval as to form by the City Attorney, as well as to
do all other things necessary or incidental in order to fulfill
the purpose of this resolution, further, the Council does hereby
appropriate and authorize the expenditure of the sum of $20,291
from the Unexpended Fund Balance Account for this purpose.
A roll call vote was taken on the foregoing resolution with the following result•
AYES. McCann, Taylor, Bennett, McCotter, Bishop
NAYS Feenstra, Ochala.
The President declared the resolution adopted
A communication from the Department of Law, dated November 12, 1986 re
Special Election to Fill Mayoral Vacancy, CR 1043-86 was received and placed on
lbw file for the information of the Council .
22951
On a motion by Councilman McCann, seconded by Councilman Feenstra, and
unanimously adopted, it was
#1124-86 WHEREAS, various special assessment rolls (the "Rolls")
hereinafter described for the construction of public improvements
in special assessment districts similarly denominated have
been prepared, reviewed and confirmed by the City Council ;
and
WHEREAS, the City Council has detertined that it
will be necessary to issue special assessment bonds pledging
for their payment collections on the Rolls,
NOW, THEREFORE, BE IT RESOLVED THAT:
1 . The estimated period of usefulness of said
improvements is not less than twenty (20) years.
2. Special assessment bonds be issued in the amount
of One Million Five Hundred Forty-five Thousand Dollars
($1 ,545,000) (the "Bonds") in anticipation of the collection
of an equal amount of future due installments on the Rolls,
together with interest and investment income thereon, as follows:
Special Assessment
District No. Amount
242 $ 20,850
244 48,110
245 5,180
246 16,930
247 6,330
249 20,925
263 82,500
266 45,440
267 52,120
268 18,250
269 40,370
270 133,440
271 263,800
273 218,380
274 572,375
The liability of each of the Rolls shall be limited
to the principal amounts and installments set forth above and
interest and investment income thereon, provided, however,
that in no event shall the amounts pledged for payment of the
lbw principal of and interest on the Bonds be less than the amounts
set forth above for each Roll . In addition to the special
assessments primarily pledged, the City's full faith, credit
22952
and resources shall be pledged secondarily for the prompt payment
ibm of the principal of and interest on the Bonds as the same become
due. If the pledged special assessments are not collected
in amounts sufficient to pay the principal of and interest
on the Bonds as the same become due, the City will promptly
advance from its general funds as a first budget obligation
sufficient moneys to pay said principal and interest or, if
necessary, levy taxes upon all taxable property in the City
therefor, subject to applicable constitutional , statutory and
charter tax rate limitations.
3. The Bonds shall be designated 1986 SPECIAL
ASSESSMENT LIMITED TAX BONDS and shall consist of bonds
registered as to principal and interest of the denomination
of $5,000 or multiples of $5,000 up to the amount of a single
maturity, numbered consecutively in order of registration from
1 upwards, dated as of December 1 , 1986, and shall be payable
annually on February 1 of each of the years as follows
$ 20,000 - 1987,
150,000 - 1988 to 1991 , inclusive,
125,000 - 1992 to 1996, inclusive,
100,000 - 1997,
50,000 - 1998 to 2001 , inclusive.
4. The Bonds shall bear interest at a rate or rates
determined on sale thereof, not exceeding ten percent (10%)
per annum, payable on February 1 , 1987, and semiannually
thereafter, by check drawn on the transfer agent 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 the fifteenth (15th) 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 Manufacturers National Bank
of Detroit, Detroit, Michigan, which is hereby designated as
registrar and transfer agent for the issue. The Bonds shall
be subject to redemption prior to maturity as set forth in
Section 7 hereof. Interest on the Bonds from December 1 , 1986
to August 1 , 1987 shall be capitalized and paid from Bond
proceeds.
5. The Bonds shall be executed in the name of the
City with the facsimile signatures of the Mayor, the City Clerk
and the City Treasurer and shall have the City's seal or a
facsimile printed or affixed on them No bond shall be valid
until authenticated by an authorized officer of the transfer
agent The Bonds shall be delivered to the transfer agent
for authentication and be delivered by him to the purchaser
22953
in accordance with instructions from the Treasurer of the City
upon payment of the purchase price for the Bonds in accordance
with the bid therefor when accepted. 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
6. Any bond may be transferred upon the books required
to be kept pursuant to this section by the person in whose
name it is registered, in person or by his duly authorized
attorney, upon surrender of the bond for cancellation,
accompanied by delivery of a duly executed written instrument
of transfer in a form approved by the transfer agent. Whenever
any bond or bonds shall be surrendered for transfer, the City
shall execute and the transfer agent shall authenticate and
deliver a new bond or bonds, for like aggregate principal amount.
The transfer agent shall require the payment by the bondholder
requesting the transfer of any tax or other governmental charge
required to be paid with respect to the transfer.
7. Said Bonds shall be in substantially the following
form:
22954
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1986 SPECIAL ASSESSMENT LIMITED TAX BOND
Rate Date of Maturity: February 1 ,
Date of Original Issue December 1, 1986
Registered Owner
Principal Amount Dollars
The City of Livonia, County of Wayne, State of Michigan
(the "Issuer" ) , promises to pay the Principal Amount shown
above to the Registered Owner on the Date of Maturity
specified above, with interest thereon from the Date of
im Original Issue, or such later date to which interest has been
paid, until paid at the Rate specified above, payable on
February 1, 1987, and semiannually thereafter Principal of
this bond is payable at the principal office of Manufacturers
National Bank of Detroit, Detroit, Michigan, or such other
transfer agent as the Issuer may hereafter designate by
notice mailed to the registered owner nom less than 60 days
prior to any interest payment date Interest is payable to
the registered owner of record as of the 15th day of the
month preceding the payment date as shown on the registration
books of the Issuer maintained by the transfer agent by check
or draft mailed to the registered owner at the registered
address For the prompt payment of this bond, both principal
and interest, the full faith, credit and resources of the
Issuer are hereby irrevocably pledged.
This bond is one of a series of bonds of even date
aggregating the principal sum of $1, 545,000, issued in
anticipation of the collection of special assessments in
various Special Assessment Districts of the Issuer, for the
purpose of paying part of the cost of public improvements in
said Districts, all in accordance with the provisions of
state law, the charter of the Issuer and a duly adopted
resolution of the Issuer The resolution authorizing the
timp bonds limits the liability of each District to the amount of
the roll for each District pledged
22955
Bonds of this issue maturing in the years 1987 to 1996 ,
inclusive, are not subject to redempt:cn prior to matur:ty
Bonds or portions of bonds of this issue maturing in the
years 1997 to 2001 , inclusive, shall be subject to redemption
by the Issuer prior to maturity, in suol- order as the Issuer
shall determine , on any interest payrent date on or after
February 1 , 1996, at par and accrued interest plus a preriur
as follows
2% of the principal amount of each bond or portion
thereof called for redemption on or after February 1, 1996,
but prior to February 1, 1998;
1% of the principal amount of each bond or portion
thereof called for redemption on or after February 1, 1998,
but prior to maturity
In case less than the full amount of an outstanding bond
is called for redemption the transfer agent upon presentation
of the bond called in part for redemption shall register,
authenticate and deliver to the registered owner a new bond
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 Issuer No further
interest payable on the bonds called for redemption shall
accrue after the date fixed for redemption, whether presented
for redemption or not, provided the Issuer has money
available for such redemption
This bond is transferable only upon the books of the
Issuer kept for that purpose at the office of the transfer
agent by the registered owner hereof in person, or by his
attorney duly authorized in writing, upon the surrender of
this bond together with a written instrument of transfer
satisfactory to the transfer agent cl_ly executed by the
registered owner or his attorney duly azthorized in writing,
and thereupon a new registered bond or bonds in the same
aggregate principal amount and of the same maturity shall be
issued to the transferee in exchange therefor as provided in
the resolution authorizing the bonds of this series, and upon
the payment of the charges, if any, therein prescribed
This bond is payable out of special assessments to be
collected on the lands situated in the aforesaid Special
Assessment Districts In case of insufficiency of said
special assessment collections, this bond is payable as a
22956
first budget obligation out of the general funds of the
tm Issuer, including the collection of a-y ad valorem taxes
which the Issuer is authorized to levy, s..b;ect to constitu-
tional , charter and statutory tax rate limitations
It is hereby certified and recited that all acts,
conditions and things required by law pre:edent to and in the
issuance of this bond and the series of bonds of which this
is one have been done, exist and have happened in regular and
due time and form as required by law, and that the total
indebtedness of the Issuer, including this bond and the
series of bonds of which this is one, does not exceed any
constitutional , charter or statutory debt 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 executed with the facsimile signatures of its
Mayor, its City Clerk and its Treasurer and its corporate
seal or a facsimile thereof to be printed hereon, all as of
the Date of Original Issue
to CITY OF LIVONIA
By
r.ayor
(SEAL)
Countersigned
City Clerk
Treasurer
22957
( FORM OF TRANSFER AC ' S CERTIFICATE OF AUTHENTICATION)
Certif::ate of Authentication
This bond is one tf the bonds described in the within-
mentioned resolution
MANUFACTURERS NATIONAL BANK OF
DETROIT, Transfer Agent
By
Authorized Representative
22958
8. The City having already received a Michigan
Department of Treasury Order Providing Exception From Prior
Approval for the issuance of the Bonds, The City Finance Director
shall fix the date of sale of said Bonds and shall cause notice
of sale of said Bonds to be published in an authorized newspaper
at least seven (7) full days before the date fixed for sale
of the said bonds.
9. Said notice of sale shall be in substantially
the following form•
22959
OFFICIAL NOTICE OF SALE
lagsCITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
$1 , 545, 000 1986 SPECIAL ASSESSMENT LIM:TED TAX BONDS
SEALED BIDS for the purchase of the a5cve bonds will be
received by the undersigned at the City Clerk' s Office in the
City Hall located at 33000 Civic Center Drive, Livonia,
Michigan 48154, on , the day of
1986, until o' clock p m. , Eastern Standard Time, at
which time and place said bids will be publicly opened and
read Bids will also be received simultaneously and publicly
opened and read at the offices of Municipal Advisory Council
of Michigan, 1158 First National Building, Detroit, Michigan
48226 . The bonds will be awarded to the successful bidder no
later than o' clock p m , Eastern Standard Time on that
date .
BOND DETAILS Bonds will be registered bonds of the
denomination of $5, 000 or multiples thereof up to the amount
Is of a single maturity, dated December 1 , 1986, numbered in
order of authentication from 1 upwards and will bear interest
from their date payable on February 1, 19E", and semiannually
thereafter
The bonds will mature on the 1st day of February as
follows
$ 20, 000 - 1987;
150, 000 - 1988 to 1991, inclusive,
125, 000 - 1992 to 1996, inclusive;
100, 000 - 1997;
50,000 - 1998 to 2001, inclusive.
INTEREST RATE AND BIDDING DETAILS: Bonds shall bear interest
at a rate or rates not exceeding 10% 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 four
percent (4%) per annum No proposal for the purchase of less
than all of the bonds or at a price less than 98% of their
par value will be considered.
PRIOR REDEMPTION Bonds of this issue maturing in the years
1987 to 1996, inclusive, are not subject to redemption prior
to maturity.
22960
10 Bonds or portions of bonds maturing :n te years 1997 to
2001 , inclusive, shall be subject tc rede-ption prior to
maturity, at the option of the City, :n s.::h order as the
City shall determine, on any interest payrent date on or
after February 1 , 1996, at par and ac:rued interest plus a
premium as follows
2% of the principal amount of each bond or portion
thereof called for redemption on or after February 1, 1996,
but prior to February 1, 1998
1% of the principal amount of each bond or portion
thereof called for redemption on or after February 1, 1998,
but prior to maturity
Thirty days notice of the call of any bonds for
redemption shall be given by first class mail by the transfer
agent to each registered owner of the bonds Bonds so called
for redemption shall not bear interest after the date fixed
for redemption provided funds are on hand with the transfer
agent to redeem said bonds
In case less than the full amount of an outstanding bond
is called for redemption, the transfer agent upon presen-
tation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner a
new bond in the principal amount of the portion of the
original bond not called for redemption
TRANSFER AGENT AND REGISTRATION Principal shall be payable
at Manufacturers National Bank of Detroit, Detroit, Michigan,
or such other 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 by check mailed to the owner as shown by the
registration books of the City as of the 15th day of the
month preceding 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 are issued in anticipation
of the collection of future due installments of special
assessments for public improvements in various Special
Assessment Districts in the City, as set forth in the
bond-authorizing resolution The special assessments and
interest and investment income thereon shall be sufficient to
pay the principal of and interest on the bonds when due The
liability of each Special Assessment :istrict is limited as
to amount as set forth in the bond-a_thorizing resolution
The bonds will pledge the limited tax full faith and credit
of the City as additional security for payment of principal
22961
and interest Pursuant to such pattge , should special
L assessment collections be insufficient the City shall be
obligated to pay the principal of and interest on said bonds
as a first budget obligation from its general funds,
including the collection of any ad va .:rerr taxes which the
City is authorized to levy, but an} such levy shall be
subject to applicable constitutional , charter and statutory
tax rate limitations
The rights or remedies of bondholders may be affected by
bankruptcy laws or other creditor ' s rights legislation now
existing or hereafter enacted
GOOD FAITH A certified or cashier' s check in the amount of
$30, 900 drawn upon an incorporated ban). or trust company and
payable to the order of the Treasure: of the City, must
accompany each bid as 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 tae 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 spec:fied in the bid, the
total dollar value of all interest on the bonds from
1 , 1987, to their maturity a deducting therefrom
any premium or adding thereto any disco_rt
LEGAL OPINION: Bids shall be ccmditioned upon the
unqualified 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 the bonds, 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 unqualified approving opinon as to validity of
the above bonds, Miller, Canfield, Padd:ck and Stone has not
been requested to examine or review ant has not examined or
reviewed any financial documents, stetements or materials
that have been or may be furnished it connection with the
authorization, issuance or marketing of the bonds, and
accordingly will not express any opinicn with respect to the
accuracy or completeness of any such financial documents,
statements or materials
22962
DELIVERY OF BONDS The City will furnish bonds ready for
trim execution at its experse Bonds will be delivered without
expense to the purchaser at Detroit, Michigan, Chicago,
Illinois, New York, New York, or at such place as may 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 his 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
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 bonds issued at least 5
business days after sale of the bonds, the bonds may be
delivered in the form of a single certificate for each
maturity registered in the name of the purchaser
TAX EXEMPTION: In the opinion of bond counsel , 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 The bonds
will not be private activity bonds The bonds will not be
designated as "qualified tax exempt obligations" for purposes
of deduction of interest by financial institutions
CUSIP NUMBERS: It is anticipated that CUSIP identification
numbers will be printed on said bonds, but neither the
failure to print such numbers on any bonds nor any error with
respect thereto shall constitute cause for a failure or
refusal by the purchaser thereof to accept delivery of and
pay for said bonds in accordance with terms of the purchase
contract. All expenses in relation to the printing of CUSIP
numbers on said bonds shall be paid for the City; provided,
however, that the CUSIP Service Bureau charge for the
assignment of said numbers shall be the responsibility of and
shall be paid for by the purchaser.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS
ENVELOPES containing the bids should be plainly marked
"Proposal for Special Assessment Bonds"
ROBERT NASH
Clerk
City of Livonia
22963
10. There shall be established and maintained a fund
to be designated 1986 SPECIAL ASSESSMENT BOND DEBT RETIREMENT
FUND. Into said fund there shall be placed the accrued interest
and premium, if any, received at the time of delivery thereof
as well as sufficient bond proceeds to pay the interest accruing
on the bonds until August 1 , 1987. In addition, there shall
be paid into said fund the collections of principal and interest
on the Rolls in anticipation of the collection of which the
Bonds authorized by the provisions of this resolution are to
be issued. The amount to be paid by each District shall not
exceed the amount of Bonds allocated to the District and the
interest and investment income thereon. If at any time said
fund is insufficient to pay the principal of and interest on
said Bonds as the same becomes due, the City shall advance
from its general funds as a first budget obligation a sufficient
amount of money to pay such principal and interest and, if
necessary, levy taxes on all taxable property in the City for
such purpose, subject to applicable constitutional , charter
and statutory tax rate limitations.
11 . There shall be established and maintained a
separate fund, to be designated 1986 SPECIAL ASSESSMENT
CONSTRUCTION FUND, into which shall be placed the proceeds
of sale of the Bonds, except for capitalized and accrued interest
and premium, if any, and from which fund there shall be paid
the cost of the improvements.
12. The City hereby covenants to comply with the
requirements of the Internal Revenue Code of 1986
13. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be
and the same hereby are rescinded
On a motion by Councilman McCann, seconded by Councilman Feenstra, and
unanimously adopted, it was
11125-86 WHEREAS, this City Council does hereby determine
that it is necessary to acquire and construct street improvements
(the "Improvements") in the City described in Exhibit A, attached
hereto and made a part hereof.
WHEREAS, the cost of the Improvements is estimated
to be Five Million Forty-one Thousand Two Hundred Dollars
($5,041 ,200) , and
WHEREAS, to finance part of the cost of the
liw Improvements the City Council deems it necessary to borrow
the sum of One Million Fifty Thousand Dollars ($1 ,050,000)
and issue bonds therefor as authorized by the provisions of
Act 175, Public Acts of Michigan, 1952, as amended ("Act 175")
22964
low the remaining cost of the Improvements to be defrayed from
other funds legally available therefor; and
WHEREAS, the Improvements are in accordance with
the purposes enumerated in Act 51 , Public Acts of Michigan,
1951 ("Act 51"), and
WHEREAS, the revenues received by the City from the
Michigan Transportation Fund pursuant to Act 51, in the year
preceding this contemplated borrowing are more than sufficient
to comply with all the requirements specified in Section 4
of Act 175.
NOW, THEREFORE, BE IT RESOLVED THAT:
1 . The plans and estimates of cost of the Improvements
are hereby approved and adopted.
2. The period of usefulness of the Improvements
is estimated to be not less than twenty (20) years.
3 The City Council hereby determines to borrow
the sum of One Million Fifty Thousand Dollars ($1 ,050,000)
and issue bonds of the City therefor pursuant to the provisions
of Act 175 (the "Bonds"), for the purpose of providing funds
to pay part of the cost of the Improvements.
4. The Bonds shall be designated 1986 MICHIGAN
TRANSPORTATION FUND BONDS and shall consist of bonds registered
as to principal and interest of the denominations of any multiple
of $5,000 up to the amount of a single maturity numbered
consecutively in order of registration of transfer.
The Bonds will be dated as of December 1 , 1986 and be payable
on July 1st of each year as follows
$ 25,000 - 1989 to 1992, inclusive,
75,000 - 1993,
50,000 - 1994 and 1995,
125,000 - 1996 and 1997,
50,000 - 1998,
150,000 - 1999 and 2000,
175,000 - 2001 .
The Bonds shall bear interest to be determined at
public sale but not to exceed ten percent (l0%) per annum
The Bonds will be subject to redemption and will be payable
in the manner set forth in paragraph 9 hereof.
5. The Bonds shall be executed in the name of the
City with the facsimile signatures of the Mayor, the City Clerk
and the City Treasurer and shall bear the actual or a facsimile
22965
lbw of the City seal . No Bond of this series shall be valid until
authenticated by an authorized officer of the transfer agent.
The Bonds shall be delivered to the transfer agent for
authentication and be delivered by him to the purchaser in
accordance with instructions from the Treasurer of the City
upon payment of the purchase price for the Bonds in accordance
with the bid therefor when accepted. 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
6. Any Bond may be transferred upon the books required
to be kept pursuant to this section by the person in whose
name it is registered, in person or by his duly authorized
attorney, upon surrender of the Bond for cancellation,
accompanied by delivery of a duly executed written instrument
of transfer in a form approved by the transfer agent. Whenever
any Bond or Bonds shall be surrendered for transfer, the City
shall execute and the transfer agent shall authenticate and
deliver a new Bond or Bonds, for like aggregate principal amount.
The transfer agent shall require the payment by the bondholder
requesting the transfer of any tax or other governmental charge
required to be paid with respect to the transfer. The date
of determination of registered owner for purposes of payment
of interest as provided in this resolution may be changed by
the City to conform to market practice in the future. The
principal of the Bonds shall be payable at tre main office
of the transfer agent.
7. To provide moneys to pay the principal of and
interest on the Bonds and in accordance with the provisions
of Act 175, there is hereby made an irrevocable appropriation
of the amount necessary to pay the principal of and interest
on the Bonds from the moneys to be derived from State-collected
taxes returned to the City for highway purposes, pursuant to
law. The Treasurer of the City is directed, each year that
any of the principal of and interest on the Bonds remains unpaid,
to set aside in a separate depository account, to be designated
1986 MICHIGAN TRANSPORTATION FUND BONDS DEBT RETIREMENT FUND,
sufficient moneys from revenues received during such year from
the Michigan Transportation Fund pursuant to law to pay the
principal of and interest on the Bonds next maturing. The
Treasurer is further directed to open a separate depository
account, to be designated MTF Construction Fund into which
bond proceeds less accrued interest and premium, if any, shall
be deposited which account shall be used to pay the costs of
constructing said street improvements.
22966
Iwo 8. Pursuant to Act 175, and as additional security
for the prompt payment of the principal of and interest on
the Bonds, there is hereby irrevocably pledged the limited
tax full faith and credit of the City, and in the event of
insufficiency of funds primarily pledged to the payment thereof,
the City covenants and agrees to provide for such insufficiency
from such resources as are lawfully available to it.
9. The Bonds shall be in substantially the following
form.
22967
ImoUNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1986 MICHIGAN TRANSPORTATION FUND BOND
Date of
Date of Original
Interest Rate Maturity Issue CUSIP
July 1 , December 1, 1986
1,0 Registered Owner
Principal Amount Dollars
The City of Livonia, County of Wayne, 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 Date of Maturity specified
above, unless prepaid prior thereto as hereinafter provided,
with interest thereon from the Date of Original Issue or such
later date to which interest has been paid, until paid, at
the Interest Rate per annum specified above, first payable on
July 1, 1987 and semiannually thereafter Principal of this
bond is payable at the corporate trust office of
Manufacturers National Bank of Detroit, in 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 interest payment date
(the "Transfer Agent" ) Interest on this bond is payable to
the registered owner of record as of the fifteenth ( 15th) day
of the month preceding the payment date as shown on the
registration books of the City maintained by the Transfer
Agent, by check or draft mailed to the registered owner at
[ft the registered address
22968
im This bond is one of a series of binds of even date and
like tenor, except as to denomination, rate of interest and
date of maturity, aggregating the princi;a1 sum of $1 , 050, 000
issued for the purpose of defraying ;art of the cost of
street improvements in the City ir accordance with a
resolution duly and regularly adopted t/ the City Council of
said City on November 19, 1986 pursuant to the provisions of
Act 175, Public Acts of Michigan, 1952 , as amended
Bonds of this issue maturing in tie years 1989 to 1996
shall not be subject to redemption prior to maturity.
Bonds or portions of bonds of this issue maturing in the
years 1997 to 2001, inclusive, shall be s--bject to redemption
by the City prior to maturity, in such order as the City
shall determine, on any interest payrent date on or after
January 1, 1997, at par and accrued interest plus a premium
as follows
2% of the principal amount of each bond or portion
thereof called for redemption on Cr after January 1 ,
1997, but prior to maturity.
In case less than the full amount cf an outstanding bond
is called for redemption the transfer agent upon presentation
of the bond called in part for reder;:tion shall register,
authenticate and deliver to the registered owner a new bond
in the principal amount of the portior :f the original bond
not called for redemption
Notice of redemption shall be g:-:en by the transfer
agent to the holders of any bond or p:rtiOn thereof to be
redeemed by mailing of such notice not :ess 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 any bond or portion thereof called for redemption shall
accrue after the date fixed for redemption, whether presented
for redemption or not, provided the Cit-1 has money available
for such redemption with the transfer agent.
This bond and the interest thereon are payable from the
proceeds of State-collected taxes returned to the City for
highway purposes pursuant to law (the "F-nd" ) , or in case of
insufficiency of the Fund out of the general funds of the
City and the resolution authorizing the bonds contains an
irrevocable appropriation of the amount necessary to pay the
im principal of and interest on this bond and the series of
bonds of which this is one from moneys derived from the Fund
which have not been theretofore specifically allocated and
22969
impledged for the payment of indebtedness The bonds of this
issue are of equal standing and priority of lien as to the
moneys derived from the Fund with certain outstanding bonds
of the City and the City has further reserved the right to
issue additional bonds payable from moneys derived from the
Fund within the limitations prescribed by law
This bond is not a general obligation of the State of
Michigan
This bond is transferable only upon the books of the
City kept for that purpose at the office of the transfer
agent by the registered owner hereof in person, or by his
attorney duly authorized in writing, upon the surrender of
this bond together with a written instrument of transfer
satisfactory to the transfer agent duly executed by the
registered owner or his attorney duly a-thorized in writing,
and thereupon a new registered bond Cr bonds in the same
aggregate principal amount and of the sa-e maturity shall be
issued to the transferee in exchange therefor as provided in
the resolutions authorizing the bonds, and upon the payment
of the charges, if any, therein prescribed.
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
It is hereby certified and recited that all acts,
conditions and things required to be dcne, exist and happen,
precedent to and in the issuance of said series of bonds of
which this is one, in order to make then valid and binding
obligations of said City, have been done, exist and have
happened in regular and due form and time as required by law,
and that the total indebtedness of said City, including the
series of bonds of which this is one, does not exceed any
constitutional, charter or statutory limitation
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 said City with the
22970
facsimile signatures of its Mayor, it! Zity Clerk and its
City Treasurer and a facsimile of t:.f. City seal to be
imprinted hereon, all as of the Date of :::ginal Issue
CITY OF L:':2,IA
By
y__1 or
(Seal )
And.
By
City Clerk
By
City Treasurer
22971
( FORM OF TRANSFER AGENT' S CERTIFICATE OF AUTHENTICATION)
Certificate of Authentication
This bond is one of the Bonds described in the within-
mentioned resolution
MAN17FACTURERS NATIONAL BANK OF DETROIT
Transfer Agent
By
Authorized Signer
22972
10. The City hereby covenants to comply with the
requirements of the Internal Revenue Code of 1986
11 . The City Clerk shall cause notice of sale of
the Bonds to be published in the Bond Buyer, New York, New
York, or the Michigan Investor, Detroit, Michigan, fixing the
date of sale for a regular or special meeting of the City Council
occurring at least seven (7) full days after the date of such
publication.
12. A copy of this resolution shall be published
in the Observer-Eccentric, Livonia, Michigan, once before this
resolution becomes effective.
13. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be
and the same hereby are rescinded.
22973
EXHIBIT A
Proposed Construction,
Road or Drainage, Base, Surface,
Street Name Termini Width and Type
Munger Middlebelt to 22 ' wide, 4" thick asphalt
650' West on existing gravel roadway
Parkville 7 Mile to Morlock 31 ' wide b/b, 7-1/2" thick
Bretton Middlebelt to full-depth asphalt with
Parkville conc curb & gutter and
St Martins Middlebelt to storm sewers
300' E of Parkville
Vassar Parkville to
300' E of Parkville
Alexander 5 Mile to Jamison
Weyher 7 Mile to 1900' North
St Martins Weyher to 300' West
Vassar Weyher to 300' West
Sunburg 5 Mile to Jamison
im
Curtis Farmington to
Fairfield 28' wide, 7-1/2" thick
full-dept asphalt with
mountable asphalt curbs
Hoy Henry Ruff to Melvin
Munger 650' West of
Middlebelt to
Henry Ruff
Oporto Munger to 6 Mile
Shadyside 7 Mile to Curtis
Westmore 7 Mile to Curtis 22 ' wide, 4" thick asphalt
Clarita Farmington to on existing roadway
150' E of Shadyside
Pickford Farmington to
150' E of Shadyside
Fairfield 6 Mile to Curtis
Rougeway 6 Mile to Inkster
Whitcomb Rougeway to Inkster
Bassett Ann Arbor Tr. to
1000' N
Milburn Pembroke to 130' S
of Gable
Bretton Sunset to Flamingo
Haldane Sunset to Flamingo
Gable Sunset to Flamingo
22974
IftSt Martins Sunset tc Y:lburn
Sunset 400' N of St Martins
to 200' S :f
St. Martins
Fairlane 5 Mile to :yndon
Grantland Newburgh t: 2000' West
Capitol Stark to Brewster
Beacon Stark to =10' W of 22 ' wide, 4" thick asphalt
Boston Post on existing roadway
Boston Post Stark to 4:0' N of
Beacon
Wadsworth Boston Pos: to 600' W
Brewster Boston POP: to Capitol
Standish Boston POs= 900' W
Priscilla Boston Post to
Plymouth
Hubbard Base Line to Pembroke
Mayfield Base Line :o Pembroke
Shadyside Base Line to 500' S of
Norfolk
Norfolk Farmington to Hubbard
Pembroke Mayfield Hubbard
Cavell 5 Mile to Oakley 31 ' wide b/b, 7" thick
Oakley Cavell to Inkster full-depth asphalt with
Howell Cavell to :50' E concrete curbs & gutters
Meadowbrook Cavell tc :50' E & storm sewers
Joy Road Middlebel: to Resurface with 2-1/2" of
Inkster Bit Cor.:
Joy Road Wayne to H:x Widen to 24' to 42 ' and
resurface with 5-1/2" Bit .
Conc . and placement of
either 30" wide curb &
gutter section or 3 ' wide
bituminous or 5' wide
aggregate shoulder
Plymouth Ann Arbor to Eckles Resurface with 3" to 4"
Eckles Plymouth t: of Bit Conc
Schoolcrafz
22975
On a motion by Councilman McCann, seconded by Councilman Feenstra, and
LI unanimously adopted, it was
#1126-86 WHEREAS, by resolution adopted November 19, 1986,
the City Council authorized the issuance and sale of One Million
Fifty Thousand Dollars ($1 ,050,000) 1986 MICHIGAN TRANSPORTATION
FUND BONDS of the City and it is necessary to provide a form
of notice of sale of said bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1 . The notice of sale of the bonds shall be in
substantially the following form•
22976
OFFICIAL NOTICE OF SALE
$1 , 050, 000
City of Livonia
County of Wayne, State of Michigan
1986 Michigan Transportation Fund Bonds
SEALED BIDS for the purchase of the above bonds will be
received by the undersigned at the City Clerk' s Office in the
City Hall located at 33000 Civic Center Drive, Livonia,
Michigan 48154, on , the day of
1986, until o' clock p m , Eastern Standard Time, at
which time and place said bids will be publicly opened and
read Bids will also be received simultaneously and publicly
opened and read at the Municipal Advisory Council of
Michigan, 1158 First National EJilding, Detroit,
Michigan 48226 The bids will be awarded to the successful
bidder no later than p m on that date
BOND DETAILS Said bonds will be fully-registered bonds of
the denomination of $5, 000 each, or m--ltiples up to the
amount of a single maturity, dated December 1 , 1986, numbered
in direct order of registration of transfer from 1 upwards
and will bear interest from their date payable on July 1 ,
1987, and semiannually thereafter
Saids bonds will mature on the 1st day of July of each
year in the amounts, as follows
Amount Years
$ 25, 000 1989 to 1992, inclusive,
75 , 000 1993;
50, 000 1994 and 1995,
125, 000 1996 and 1997,
50, 000 1998;
150, 000 1999 and 2030,
175, 000 2001
INTEREST RATE AND BIDDING DETAILS : The bonds shall bear
interest at a rate or rates not exceeding 10% per annum, to
be fixed by the bids therefor, expressed in multiples of 1/8
Ir or 1/20 of 1%, or both. The interest on any one bond shall
be at one rate only. All bonds maturing in any one year must
carry the same interest rate The difference between the
22977
imhighest and lowest interest rate on the bonds shall not
exceed 4% per annum. No proposal for the purchase of less
than all of the bonds or at a price less than 98% of their
par value will be considered
PRIOR REDEMPTION: Bonds of this issue maturing in the years
1989 to 1996, inclusive, are not subject to redemption prior
to maturity Bonds of this issue, or portions thereof in
multiples of $5, 000, maturing in the yesr 1997 and thereafter
may be redeemed at the option of the C:.ty, in such order of
maturity as the City shall determine an: within any maturity
by lot, on any interest payment date cn or after January 1 ,
1997 at par and accrued interest to the date fixed for
redemption plus a premium expressed as a percentage of par as
follows :
2% of the par value of each b:nd or portion thereof
called for redemption on or after January 1 , 1997, but
prior to maturity
In case less than the full amount cf an outstanding bond
is called for redemption the transfer a7ent upon presentation
im of the bond called in part for redemTtion shall register,
authenticate and deliver to the registered owner a new bond
of the same maturity and in the prin:ipal amount of the
portion of the original bond not called for redemption
Notice of redemption shall be c_ven by the transfer
agent to the holders of any bond or p:rtion thereof to be
redeemed by mailing of such notice not _ess than thirty (30)
days prior to the date fixed for redemp:ion to the registered
owner at the address of the registered :wner as shown on the
registration books of the Issuer No further interest
payable on any bond or portions thereof :ailed for redemption
shall accrue after the date fixed for redemption, whether
presented for redemption or not, provided that funds are on
hand with the transfer agent for such retemption
TRANSFER AGENT AND REGISTRATION Prin: .pal and interest
shall be payable at Manufacturers Nati:nal Bank of Detroit,
Detroit, Michigan, or such other transfer agent as the City
may hereafter designate by notice mailed to the registered
owner not less than 60 days prior to azy change in transfer
agent Interest shall be paid by check mailed to the owner
as shown by the registration books of the City 15 days prior
to any interest payment date The books will be transferable
only upon the registration books of the Issuer kept by the
transfer agent
22978
PURPOSE AND SECURITY The bonds are t:. be issued pursuant
to the provisions of Act 175, Public Acts of Michigan, 1952 ,
as amended (the "Act" ) , for the purpose cf defraying part of
the cost of constructing street improNeren_s in the City, and
are issued in anticipation of MichigLn :.ransportation Fund
(the "Fund" ) payments from the Statt cf Michigan to be
received by the City The bonds, hoti.e er, are not general
obligations of the State of Michigan =he bonds will pledge
the limited full faith and credit of he City as additional
security for payments of the principal and interest thereon
The bonds are of equal standing and }r:crity of lien as to
the Fund payments with certain outstanding bonds issued
pursuant to the Act If the payments :ror the said Fund are
insufficient to pay the principal of and interest on the
bonds, then the City is obligated to rake such payments as a
first budget obligation from its genera: funds, including any
collections of ad valorem taxes, but the ability of the City
to levy such taxes is subject to charter, statutory and
Constitutional limitations The City has the right to issue
additional bonds payable from Fund payments within the
limitations prescribed by law The rights or remedies of
bondholders may be affected by bank-..ptcy laws or other
creditor' s rights legislation now existing or hereafter
im enacted
GOOD FAITH A certified or cashier' s =heck in the amount of
$21 , 000, drawn upon an incorporated ban- c: trust company and
payable to the order of the Treasure= of the City must
accompany each bid as a guarantee of c:od faith on the part
of the bidder, to be forfeited as liquidated damages if such
bid be accepted and the bidder fails t: take up and pay for
the bonds No interest shall be allo.ed on the good faith
check 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 a.arded 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
, 1987 to their maturity and deducting therefrom
any premium and adding thereto any disc:-nt
LEGAL OPINION Bids shall be conditioned upon the
unqualified approving opinion of Mills:, Canfield, Paddock
and Stone, attorneys of Detroit, Michigan, a copy of which
opinion will be printed on the reverse side of each bond, and
Irom the original of which will be furnished without expense to
the purchaser of the bonds at the deliver} thereof The fees
of Miller, Canfield, Paddock and Stone for services rendered
22979
imp in connection with such approving opir._cr. are expected to be
paid from bond proceeds Except to the extent necessary to
issue their unqualified opinion as tc the validity of the
above bonds, Miller, Canfield, Paddock and Stone 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 it connection with the
authorization, issuance or marketing cf 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, Chicago,
Illinois, New York, New York or such place as may be 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 fir 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 his proposal by serving
notice of cancellation, in writing, c- the undersigned in
which event the City shall promptly :et..rn the good faith
deposit Accrued interest to the date cf delivery of the
bonds shall be paid by the purchaser at the time of delivery
Payment for the bonds must be made in =mediately available
funds Unless the purchaser furnishes the transfer agent
with a list giving the denominations and names in which it
wishes to have the certificates issued at least 5 business
days prior to delivery of the bonds, the bonds will be
delivered in the form of a single certificate for each
maturity registered in the name of the p:.rchaser
TAX EXEMPTION In the opinion of bora counsel, the bonds
will be exempt from taxation in the State of Michigan and
from Federal income tax, subject, in b:th cases, to certain
exceptions described in bond counsel ' s cpir4on The bonds
will not be private activity bonds The bonds will not be
designated as "qualified tax exempt obligations" for purposes
of deduction of interest by financial institutions
THE RIGHT IS RESERVED TO REJECT ANY OR ALI BIDS
CUSIP NUMBERS. CUSIP identification n.�bers will be printed
{ on the bonds, but neither the failure tc print the numbers
nor any error with respect thereto shall constitute cause for
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100 refusal by the purchaEer to accept delivery of the bonds
All expenses in relat::- to the printing of CUSIP numbers on
said bonds shall be pad for by the City, provided, however,
that the CUSIP Service Bureau charge for the assignment of
said numbers shall be the responsibility of and paid for by
the purchaser.
ENVELOPES containing the bids should be plainly marked
"Proposal for Michigan transportation Fund Bonds"
Clerk, City of Livonia, Michigan
2. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be
and the same hereby are rescinded.
On a motion by Councilman Taylor, seconded by Councilman McCann, and
im unanimously adopted, it was
#1127-86 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 475-82
so as to permit consideration of several items that do not
appear on the agenda
On a motion by Councilman Feenstra, seconded by Councilman Bennett,
and unanimously adopted, it was
#1128-86 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated July 2, 1986, and
the report and recommendation of the Chief of Police dated
September 22, 1986 in connection therewith, and having also
considered a letter from the Mile Road Beautification Committee
dated November 10, 1986, approved for submission by the Mayor
Pro Tem, the Council does hereby approve of the request from
Lillian Bushamie, stockholder in BLE, Inc , to transfer all
stock interest in 1986 Class C Licensed Corporation from Existing
stockholder, Joseph F Bushamie, Jr. , to a new stockholder,
Lillian Bushamie, for a business located at 27873-27885 Plymouth
Road, Livonia, Michigan, Wayne County, and the City Clerk is
hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commmission
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16. On a motion by Councilman Bennett, seconded by Councilwoman McCotter,
and unanimously adopted, it was
0129-86 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated October 2, 1986, and
the report and recommendation of the Chief of Police dated
November 14, 1986 in connection therewith, the Council does
hereby approve of the request from Aurelia Ioannou, Nicholas
Ioannou, Nicholas A. Ioannou and Sylvia L. Ioannou, stockholders
in N.A.N.S. I. Corporation (a Michigan Corporation) to transfer
ownership of a 1986 SDD-SDM License, for a business known as
The Wine Castle, located at 33415 Seven Mile, Livonia, Michigan
48152, Wayne County, and the City Clerk is hereby requested
to forward a certified copy of this resolution tc the Michigan
Liquor Control Commission.
On a motion by Councilwoman McCotter, seconded by Councilman Ochala,
it was
RESOLVED, that the City Council hereby requests that
the City Clerk and the City Attorney prepare the necessary
documents and put into motion the procedure for calling a Special
Election, of which the Primary Election is to be held no later
than Tuesday, February 24, 1987 and the Genera' Election no
later than Tuesday, April 28, 1987, the objective being to
set the dates as early as possible in 1987 in accordance with
the City Charter and State Law and with a filing deadline of
December 31 , 1986.
Council President Bishop relinquished the Chair at 9:05 P.M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Ochala, McCotter
NAYS: Feenstra, McCann, Bishop, Taylor.
The Vice President declared the resolution denied
The President resumed the Chair at 9:18 P.M.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#1130-86 RESOLVED, that in accordance with the provisions
16. 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
22982
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, January
5, 1987 at 7:30 P.M. at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item:
Petition 86-10-1-43, submitted by William Roskelly for
a change of zoning of property located South of Seven
Mile Road between Wayne and Laurel Roads in the Northwest
1/4 of Section 9 from RUFB to R-4B, the City Planning
Commission in its resolution 11-285-86 having recommended
to the City Council that Petition 86-10-1-43 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 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
ime 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 Councilman Feenstra, seconded by Councilman McCann,
it was
#1131-86 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee dated
November 19, 1986 with regard to Workers' Compensation Insurance
proposals for fiscal 1987, the Council does hereby accept the
proposal of the Michigan Municipal Workers' Compensation
Self-Insurer' s Fund, care of Yeager and Company, Inc. , 21301
Civic Center Drive, Southfield, MI 48076, for providing the
City with Workers' Compensation Insurance for the period December
1 , 1986 through July 1 , 1987 for a total cost of $301 ,981 ;
and the Council does hereby determine and authorize the foregoing
without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance
with the provisions of Section 3.04 140.D.2 of the Livonia
Code of Ordinances, as amended.
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On a motion by Councilman Ochala, seconded by Councilman Bennett, it
was
RESOLVED, that the subject of the Workers' Compensation
Insurance coverage for fiscal year 1987 be referred to the
Committee of the Whole for report and recommendation.
A roll call vote was taken on the motion to refer with the following result.
AYES: Bennett, Ochala, Bishop.
NAYS: Feenstra, McCann, Taylor, McCotter.
The President declared the resolution denied.
A roll call vote was taken on the original resolution with the following result:
AYES: Feenstra, McCann, Taylor, Bennett, McCotter, Bishop.
NAYS: Ochala.
The President declared the resolution adopted.
lio On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously
adopted, this 1 ,092nd Regular Meeting of the Council of the City of Livonia was
duly adjourned at 9:35 P.M , November 19, 1986
Robe F. Nash, City Cler