HomeMy WebLinkAboutCOUNCIL MINUTES 1985-10-09 21991
illw MINUTES OF THE ONE THOUSAND AND SIXTY-FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 9, 1985, 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 approximately 8:00 P.M. Councilman Taylor delivered the invocation. Roll was
called with the following result: Robert R. Bishop, Gerald Taylor, Robert D. Bennett,
Peter A Ventura, Robert E. McCann, Fernon P Feenstra and Alice Gundersen. 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;
G. E. Siemert, City Engineer, Barney Knorp, Fire Chief, Russell A. Gronevelt, Director
Lbw)f Public Works, Edith Davis, Personnel Director; Suzanne Wisler, Director of Community
esources, Marilyn Kazmer, Director of the Department of Legislative Affairs, Michael
Reiser, Facility Maintenance Supervisor and Jeanne Treff, Program Supervisor of Cable
Television.
By Councilman Ventura, seconded by Councilman Bennett, and unanimously
adopted, it was
#894-85 RESOLVED, that the minutes of the 1 ,063rd Regular Meeting
of the Council of the City of Livonia, held September 30, 1985,
are hereby approved.
On a motion unanimously introduced, supported and adopted, it was
#895-85 WHEREAS, the members of the Livonia City Council have
learned with great sorrow of the death of Jack Salvadore; and
WHEREAS, he served with distinction as a member of the
Livonia City Council from 1958-1962 and from 1966-1968; and
lw• WHEREAS, during the course of his service on the Council ,
Jack Salvadore gave unstintingly of himself to promote the welfare
21992
10, of the public and the development of this City and exhibited those
qualities of dedication, loyalty and integrity which personify
an effective public official ; and
WHEREAS, he faithfully served the City of Livonia as
a member of the Civil Service Commission, as a member of the Racing
Commission, and also as a volunteer counselor in the Probation
Department of the 16th District Court; and
WHEREAS, he will be sorely missed by his many friends
and associates,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council
of the City of Livonia deem it fitting at this time to record
their sorrow upon the passing of a respected public official and
friend and to join with his family and the community in mourning
the loss of Jack Salvadore.
The following resolutions were offered by Councilman Bennett and seconded
by Councilman Feenstra:
#896-85 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated September
17, 1985, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby approve a one
(1 ) year extension of the agreement previously authorized in Council
Resolution 874-84, adopted on October 24, 1984, for City Hall
elevator service maintenance with Schindler Elevator Corporation,
1409 G Allen Drive, Troy, Michigan 48083-4092, based upon an
adjusted monthly rate of $578 81 , and the Council does hereby
authorize the said item without competitive bidding for the reasons
indicated in the aforesaid communication and such action is taken
in accordance with the provisions set forth in Section 3.04.140.D.5.
of the Livonia Code of Ordinances, as amended
#897-85 RESOLVED, that having considered a letter from Denise
Kralowski , 15770 Golfview, Livonia, Michigan 48154, dated September
17, 1985, wherein a request is submitted for a waiver of exhibitors '
fees in connection with conducting an Arts and Crafts Show on
Friday, November 8, 1985, in the parish hall of St. Edith Catholic
Church, and which also requests permission to place three (3)
outdoor signs, 3' x 4' , at the following locations:
A. In front of St. Edith Catholic Church,
B. At the Northwest corner of Six Mile and Newburgh; and
C. At the Southeast corner of Five Mile and Farmington Roads;
Im. the Council does hereby grant and approve these requests in the
manner and form herein submitted.
21993
Iwo #898-85 RESOLVED, that having considered a letter from Avedis
Samarian, of the Livonia Jaycees, P.O. Box 2039, Livonia, Michigan
48151 , received by the office of the City Clerk on October 1 ,
1985, wherein a request is submitted for permission to allow the
Livonia Jaycees to hold their annual haunted house at the Wonderland
Shopping Center from October 18, 1985 to October 30, 1985, and
to waive all fees involved in connection with this event, the
Council does hereby grant and approve this request in the manner
and form herein submitted, including the times and hours detailed
in the aforesaid communication.
#899-85 RESOLVED, that having considered a communication from
the Mayor dated September 18, 1985, to which is attached a list
of items of non-compliance and/or non-fulfillment by Metrovision
of Livonia with respect to the Livonia Cable Television Franchise
Agreement, and having also considered a communication from the
Mayor dated September 23, 1985 which recommends the employment
of an outside consultant to evaluate franchise compliance, the
Council does hereby refer these items to the Committee of the
Whole for its report and recommendation.
#900-85 RESOLVED, that having considered the report and
recommendation of the Planning Director, Director of Public Works
and the Director of Finance dated September 12, 1985, and which
is approved for submission by the Mayor, with regard to the need
for funds to purchase a vehicle for use by an additional field
inspector, the Council does hereby appropriate the sum of $875
from the Equipment Rental Account #205-525-943-000.000 to be
transferred to Capital Outlay Account #205-525-987.000.000 for
this purpose.
#901-85 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 No. 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 Council
of the City of Livonia on Monday, November 18, 1985 at 8.00 P.M.
at the City Hall , 33000 Civic Center Drive, Livonia, Michigan,
with respect to the following items
(1 ) Petition 85-8-6-4, submitted by the City Planning
Commission to amend Section 9 05 of Zoning Ordinance
#543 relating to side yard requirements in the waiver
use section of the P.S. Zoning Districts, the City
Planning Commission in its resolution 9-211-85 having
recommended to the City Council that Petition 85-8-6-4
be approved;
lbw (2) Petition 85-8-1-21 , submitted by Joseph and Esther
Crenshaw for a change of zoning of property located
on the north side of Seven Mile Road between Middlebelt
and Inkster Roads in the Southeast 1/4 of Section 1
from C-1 and R-1 to C-2, the City Planning Commission
21994
ime in its resolution 9-205-85 having recommended to the
City Council that Petition 85-8-1-21 be approved,
(3) Petition 85-8-1-22, submitted by Krsto Djordjevic for
a change of zoning of property located on the east side
of Middlebelt Road between West Chicago and Joy Road
in the Southwest 1/4 of Section 36 from P.S. to C-3,
the City Planning Commission in its resolution 9-206-85
having recommended to the City Council that petition
85-8-1-22 be denied, and
(4) Petition 85-8-1-23, submitted by Robert A. Rainko for
a change of zoning of property located on the east side
of Farmington Road, south of Eight Mile Road in the
Northwest 1/4 of Section 3, from R-3A to P. , the City
Planning Commission in its resolution 9-207-85 having
recommended to the City Council that Petition 85-8-1-23
be denied,
Further, the City Clerk is hereby requested to, no less than fifteen
(15) days prior to the aforesaid date of said public hearing,
cause to have a statement indicating the
(a) nature of the proposed amendments to the Zoning Ordinance,
and/or
Imw (b) location of the proposed changes of zoning as set forth
above,
first to be published in the official newspaper of the City or
a newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public hearing,
cause to have notice to be given by 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.
A roll call vote was taken on the foregoing resolutions with the following result
AYES Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop.
NAYS: None.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance•
Imp AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 85-5-3-5)
21995
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, 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 ARTICLE XVIII OF
ORDINANCE NO. 543 OF THE CITY OF LIVONIA,
KNOWN AND CITED AS THE "CITY OF LIVONIA
ZONING ORDINANCE," BY AMENDING SECTION 18.51
THEREOF. (Petition 85-6-6-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop.
IwoNAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publication.
Councilwoman Gundersen gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 6 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 85-5-1-12)
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
of the Council .
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
21996
#902-85 RESOLVED, that having considered the report and
recommendation of the Fire Chief dated September 12, 1985, which
bears the signature of the Director of Finance, is approved by
the Director of Public Safety and is approved for submission by
the Mayor, the Council does hereby accept the bid of Allie Brothers
for supplying the Fire Department with 100 work shirts and 100
work pants at a cost of $24.00 each, the same having been in fact
the lowest bid received which meets all specifications.
A roll call vote was taken on the foregoing resolution with the following result.
AYES• Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop.
NAYS None.
On a motion by Councilwoman Gundersen, seconded by Councilman Taylor,
it was
#903-85 RESOLVED, that having considered the report and
recommendation of the Fire Chief dated September 12, 1985, which
bears the signature of the Director of Finance, is approved by
the Director of Public Safety and is approved for submission by
Lows the Mayor, the Council does hereby accept the bid of Curtis
Builders, Inc. , 37517 Grantland, Livonia, Michigan, for painting
Fire Stations #1 (with headquarters) , #3, #5 and #6 (with garage),
for the price of $28,735, the same having been in fact the lowest
bid received and meets all specifications, further, the Council
does hereby appropriate and authorize the expenditure of the sum
of $28,735 from the 1968 Fire Department General Obligation Bond
Issue for this purpose.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop
NAYS. None.
On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it
was
RESOLVED, that having considered a communication from the
City Assessor dated September 25, 1985, approved for submission
by the Mayor, with regard to a request from Robert Goodman of
Goodman Building Company, 2051 Woodward, Berkley, Michigan 48072,
and in accordance with the provisions of 1967 PA 288, as amended,
imeias well as Section 18.46 of Ordinance No. 543, as amended, the
Livonia Zoning Ordinance, the Council does hereby find that the
proposed division of Tax item No. 46 010 01 0083 000 (03a83) would
not be contrary to the spirit and purpose of the aforesaid ordinance
21997
ibm and does, accordingly, approve of dividing the same into three
(3) parcels, the legal descriptions of which shall read as follows:
PARCEL I
Lot 83 except the east 270.00 feet thereof of Folker's Farmington
Acres, being a subdivision of part of the N.W. 1/4 of Section
3, T. 1 S. , R. 9 E. , Livonia Township, (now City of Livonia) Wayne
County, Michigan, Rec'd Liber 61 , Page 90 W.C.R. Also known as
the west 165.60 feet of Lot 83.
PARCEL II
The west 135.00 feet of the east 270 00 feet of lot 83 of Folker's
Farmington Acres, being a subdivision of part of the N.W. 1/4
of Section 3, T. 1 S. , R. 9 E. , Livonia Township, (now City of
Livonia) Wayne County, Michigan. Rec'd Liber 61 , Page 90, W.C.R.
PARCEL III
The east 135.00 feet of Lot 83 of Folker's Farmington Acres, being
a subdivision of part of the N.W. 1/4 of Section 3, T. 1 S. , R.
9 E. , Livonia Township, (now City of Livonia) Wayne County,
Michigan. Rec 'd Liber 61 , Page 90, W.C.R.
Las 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.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Taylor, Ventura, Gundersen.
NAYS: Bennett, McCann, Feenstra, Bishop.
The President declared the resolution denied.
On a motion by Councilman Feenstra, seconded by Councilman Bennett, it
was
#904-85 RESOLVED, that having considered a communication from
the City Assessor, dated September 25, 1985, approved for submission
by the Mayor, with regard to a request from Robert Goodman of
Goodman Building Company, 2051 Woodward, Berkley, Michigan 48072,
and in accordance with the provisions of 1967 PA 288, as amended,
as well as Section 18.46 of Ordinance No. 543, as amended, the
liw Livonia Zoning Ordinance, the Council does hereby determine to
deny the request for dividing Tax Item No. 46 010 01 0083 000
(03a83) into three (3) parcels since the same would be in violation
of the City's Zoning Ordinance and Law.
_ _
21998
On a motion by Councilman Ventura, seconded by Councilman Taylor, it
was
RESOLVED, that having considered a communication from
the City Assessor, dated September 25, 1985, approved for submission
by the Mayor, with regard to a request from Robert Goodman of
Goodman Building Company, 2051 Woodward, Berkley, Michigan 48072,
and in accordance with the provisions of 1967 PA 288, as amended,
as well as Section 18.46 of Ordinance No. 543, as amended, the
Livonia Zoning Ordinance, the Council does hereby determine to
refer the request for dividing Tax item No 46 010 01 0083 000
(03a83) into three (3) parcels to the Committee of the Whole for
its report and recommendation.
A roll call vote was taken on the motion to refer with the following result:
AYES: Taylor, Ventura, Gundersen.
NAYS: Bennett, McCann, Feenstra, Bishop.
The President declared the motion to refer denied.
A roll call vote was taken on the resolution to deny with the following result:
AYES: Taylor, Bennett, McCann, Feenstra, Bishop.
NAYS: Ventura, Gundersen.
The President declared the resolution to deny duly adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#905-85 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 19, 1985, which sets
forth its resolution 8-173-85 adopted on August 13, 1985, with
regard to Petition 85-7-2-24 submitted by Marion Curtis Morgan
requesting waiver use approval to utilize an SDD License within
an existing party store located on the south side of Plymouth
Road between Middlebelt and Garden in the Northwest 1/4 of Section
36, which property is zoned C-2 and the Council having conducted
a public hearing with regard to this matter on October 2, 1985,
pursuant to Council Resolution 758-85, the Council does hereby
concur in the recommendation of the City Planning Commission and
said Petition 85-7-2-24 is hereby denied, for the same reasons
as those set forth in the action taken by the Planning Commission.
21999
On a motion by Councilman Feenstra, seconded by Councilman Bennett, and
unanimously adopted, it was
1906-85 RESOLVED, that having considered a communication from
the Executive Assistant to the Mayor dated September 17, 1985,
approved by the Director of Finance and approved for submission
by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a $150 cash donation from the Drusilla Farwell
Foundation, the purpose of which is to purchase books.
On a motion by Councilman Ventura, seconded by Councilman Feenstra, and
unanimously adopted, it was
1907-85 RESOLVED, that having considered a communication dated
September 27, 1985, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly described
as•
Grant of Easement dated September 24, 1985, executed by Walter
E. and Stella J. Cyburt, his wife, for
The South 12 feet of the following parcels of land
Lot 158 and Lot 167, Brightmoor Home Acres Subdivision,
as recorded in Liber 51 , Page 1 , Wayne County Records,
said subdivision being a part of the S.W. 1/4 of Section
15, T.1S. , R.9E, Livonia Township (now City of Livonia),
Wayne County, Michigan.
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grant of Easement 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.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
1908-85 RESOLVED, that having considered a communication dated
September 30, 1985, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly described
as:
Grant of Easement dated September 6, 1985, executed by Michael
J. Ferrera, Trustee, Augustine Ferrera, Trustee, Michele
22000
Ferrera, Trustee, Lee S. Lasser, Trustee, of Industrial
Development Company, for:
A 20 foot storm sewer easement being part of the South
1/2 of Section 30, T. 1S, R.9E, City of Livonia, Wayne
County, Michigan, described as beginning at a point distant
S 89°31 '40" East 831 .90 feet and S 00°07'00" West 1100.06
feet and S 74°19'20" East 680.62 feet and N 00°15'20"
East 62.21 feet from the West 1/4 corner of Section 30,
T.1S. , R.9E. and proceeding thence N 00°15'20" East 20.74
feet, thence S 74°19'20" East 91 .97 feet; thence S 00°15'20"
West 20.74 feet, thence N 74°19'20" West 91 .97 feet to
the point of beginning
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grant of Easement 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.
On a motion by Councilman McCann, seconded by Councilman Feenstra, and
unanimously adopted, it was
#909-85 RESOLVED, that having considered a communication dated
October 1 , 1985, from the Department of Law transmitting for Council
acceptance two Grants of Easement, more particularly described
as.
(1 ) Grant of Easement dated July 17, 1985, executed by Floyd
Wieland and Thomas L. Hitz of Apostolic Christian
Woodhaven, A Michigan Non-Profit Corporation, for:
Part of the S.E. 1/4 of Section 14, T.1S, R.9E,
City of Livonia, Wayne County, Michigan, described
as• Beginning at a point on the south line of
Wentworth Drive, 60 ft. wide, distant S 1 °11 '00"
West 693.60 feet along the east line of said Section
14, and N 88°39'30" West 1024.95 feet from the East
1/4 corner of Section 14, T.1S, R.9E. , thence S
1°11 '00" West 46.37 feet; thence S 56°48'40" East
113.09 feet, thence S 0°26'30" East 146.98 feet,
thence S 48°15'40" West 54.72 feet, thence S 1 °17'10"
West 40.82 feet, thence N 88°39'30" West 12.00 feet
along the north line of the City of Livonia Park
Site, which line is also the south line of the
Apostolic Christian Home of the Aged site, thence
N 1°17 '10" East 46.02 feet, thence N 48°15'40" East
54.51 feet, thence N 0°26'30" West 135.14 feet,
thence N 56°48'40" West 113.33 feet, thence N 1°11 '00"
East 53 07 feet; thence S 88°39'30" East 12.00 feet
along the south line of Wentworth Drive to the point
of beginning.
22001
AND
(2) Grant of Easement dated September 18, 1985, executed
by Floyd Wieland and Thomas L. Hitz of Apostolic Christian
Woodhaven, A Michigan Non-Profit Corporation, for:
Part of the S.E. 1/4 of Section 14, T.1S, R.9E,
City of Livonia, Wayne County, Michigan, described
as: Beginning at a point on the south line of
Wentworth Drive, 60 ft. wide, distant S 1°1100"
West 693.60 feet along the east line of said Section
14, and N 88039'30" West 898 95 feet from the East
1/4 corner of Section 14, T.1S, R.9E. ; proceeding
thence S 1°11 '00" West 250.05 feet; thence N 88°49'00'
West 67.50 feet, thence S 1°17'10" West 80.53 feet,
more or less; thence N 88°39'30" West 153.00 feet
along the north line of the City of Livonia Park
Site, which line is also the south line of the
Apostolic Christian Home of the Aged site; thence
N 1°17'10" East 20.00 feet, thence S 88°39'30" East
125.50 feet; thence N 1°17'10" East 80.53 feet;
thence S 88°49'00" East 67.50 feet; thence N 1°11100"
East 230.11 feet; thence S 88°39'30" East 20.00
feet along the south line of Wentworth Drive to
the point of beginning.
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grants of Easement 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
On a motion by Councilman Taylor, seconded by Councilwoman Gundersen,
and unanimously adopted, it was
#910-85 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.
On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was
#911-85 WHEREAS, various special assessment rolls (the "Rolls")
hereinafter described for the construction of road improvements
in special assessment districts similarly denominated have been
prepared, reviewed and confirmed by the City Council ; and
22002
WHEREAS, the City Council has determined 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 Three Hundred Fifty Thousand Dollars ($1 ,350,000)
(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, and follows:
Special Assessment Principal Amount
Roll No. Pledged
254 $ 11 ,000
255 4,000
256 568,000
257 187,000
258 190,000
259 17,000
260 54,000
lio 261 273,000
262 46,000
The liability of each of the Rolls shall be limited to the
principal amount set forth above and interest and investment income
thereon. In addition to the special assessments primarily pledged,
the City full faith, credit and resources shall be pledged
secondarily for the prompt payment 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 1985 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 , 1985, and shall be payable annually on February
1 of each of the years as follows.
lig,
$ 50,000 1986;
100,000 1987 and 1988,
150,000 1989,
22003
ibm 100,000 1990,
125,000 1991 to 1995, inclusive,
100,000 1996,
25,000 1997 to 2001 , inclusive
4 The Bonds shall bear interest at a rate or rates determined
on sale thereof, not exceeding thirteen percent (13%) per annum,
payable on February 1 , 1986, 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 , 1985 to August
1 , 1986 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 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:
22004
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1985 SPECIAL ASSESSMENT LIMITED TAX BOND
Rate Date of Maturity.
Date of Original Issue: December 1 , 1985
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 Original Issue, or such
later date to which interest has been paid, until paid at the
Rate specified above, payable on February 1 , 1986, and semiannually
thereafter. Principal of the bonds is payable at the principal
iim 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 not less than 60 days
prior to any interest payment date Interest is payable to the
registered owner of record as of thel5th 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 ,350,000, issued in anticipation of the
collection of special assessments in Special Assessment Districts
Nos. 254 to 262, inclusive, of the Issuer for the purpose of paying
part of the cost of road 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 bonds specifies the amount of collections pledged
from each District and limits the liability of each District to
such amount
Bonds of this issue maturing in the years 1986 to 1995,
inclusive, are not subject to redemption prior to maturity
loor
Bonds of this issue maturing in the years 1996 to 2001 ,
inclusive, shall be subject to redemption by the Issuer prior
to maturity, in such order as the Issuer shall determine, on any
interest payment date on or after February 1 , 1995, at par and
accrued interest plus a premium as follows.
22005
iww
2% of the principal amount of each bond called for redemption
on or after February 1 , 1995, but prior to February 1 , 1998;
1% of the principal amount of each bond 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
1110 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
authorized 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 first budget obligation out of the general
funds of the Issuer, including the collection of any ad valorem
taxes which the Issuer is authorized to levy, subject to
constitutional , charter and statutory tax rate limitations.
It is hereby certified and recited that all acts, conditions
and things required by law precedent 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
22006
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.
CITY OF LIVONIA
By
Mayor
(SEAL)
Countersigned
City Clerk
Treasurer
(FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION)
Certificate of Authentication
This bond is one of the bonds described in the withinmentioned
resolution.
MANUFACTURERS NATIONAL BANK OF
DETROIT, Transfer Agent
By
Authorized Representative
8. The City having already applied for a Michigan Department
of Treasury Order Providing Exception From Prior Approval for
the issuance of the Bonds, the City Finance Director shall take
22005
2% of the principal amount of each bond called for redemption
on or after February 1 , 1995, but prior to February 1 , 1998;
1% of the principal amount of each bond 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 duly executed by the registered owner or his attorney duly
authorized 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 first budget obligation out of the general
funds of the Issuer, including the collection of any ad valorem
taxes which the Issuer is authorized to levy, subject to
constitutional , charter and statutory tax rate limitations.
It is hereby certified and recited that all acts, conditions
and things required by law precedent 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,
Ito does not exceed any constitutional , charter or statutory debt
limitation.
22006
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.
CITY OF LIVONIA
By —
Mayor
(SEAL)
Countersigned
City Clerk
Treasurer
(FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION)
Certificate of Authentication
This bond is one of the bonds described in the withinmentioned
resolution.
MANUFACTURERS NATIONAL BANK OF
DETROIT, Transfer Agent
By
Authorized Representative
8. The City having already applied for a Michigan Department
of Treasury Order Providing Exception From Prior Approval for
the issuance of the Bonds, the City Finance Director shall take
22007
all other steps required to receive approval to issue the Bonds,
either by the aforesaid order process or by full application for
Treasury approval , and after receipt of approval 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:
OFFICIAL NOTICE OF SALE
CITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
$1 ,350,000 1985 SPECIAL ASSESSMENT LIMITED TAX 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 , 1985, 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 of a single
maturity, dated December 1 , 1985, numbered in order of
authentication from 1 upwards and will bear interest from their
date payable on February 1 , 1986, and semiannually thereafter.
The bonds will mature on the 1st day of February as follows:
$ 50,000 1986,
100,000 1987 and 1988;
150,000 1989,
100,000 1990,
125,000 1991 to 1995, inclusive,
100,000 1996,
25,000 1997 to 2001 , inclusive.
INTEREST RATE AND BIDDING DETAILS• Bonds shall bear interest
at a rate or rates not exceeding 13% 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 intrest
22008
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 1986
to 1995, inclusive, are not subject to redemption prior to maturity.
Bonds maturing in the years 1996 to 2001 , inclusive, shall be
subject to redemption prior to maturity, at the option of the
City, in such order as the City shall determine, on any interest
payment date on or after February 1 , 1995, at par and accrued
interest plus a premium as follows:
2% of the principal amount of each bond called for redemption
on or after February 1 , 1995, but prior to February 1 , 1998.
1% of the principal amount of each bond 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.
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 road improvements in Special Assessment Districts Nos. 254
to 262 inclusive, 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 District is limited as set forth in the bond-authorizing
resolution. The bonds will pledge the limited tax full faith
and credit of the City as additional security for payment of
principal and interest. Pursuant to such pledge, should special
assessment collections be insufficient, the City shall be obligated
to pay the principal of and interest of said bonds as a first
budget obligation from its general funds, including the collection
of any ad valorem taxes which the City is authorized to levy,
but any such levy shall be subject to applicable constitutional ,
charter and statutory tax rate limitations.
22009
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 $27,000
drawn upon an incorporated bank or trust company and payable to
the order of the Treasurer 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 take up and pay for the bonds. No interest shall
be allowed on the good faith checks and checks of the unsuccessful
bidders will be promptly returned to each bidder's representative
or by registered mail .
AWARD OF BONDS: The bonds will be awarded to the bidder whose
bid produces the lowest interest cost computed by determining,
at the rate or rates specified in the bid, the total dollar value
of all interest on the bonds from 1 , 198 , to their
maturity and deducting therefrom any p— r m or adding thereto
any discount.
LEGAL OPINION Bids shall be conditioned 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 opinion
as to 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 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 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 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 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.
22010
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
10 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.
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
10. There shall be established and maintained a fund to
be designated 1985 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 , 1986. 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 1985 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 improvement.
22011
12. The City shall not invest, reinvest or accumulate any
moneys deemed to be proceeds of the bonds pursuant to 103(c) of
the Internal Revenue Code of 1954, as amended, and the applicable
regulations thereunder, in such a manner as to cause the bonds
to be "arbitrage bonds" within the meaning of said 103(c) and
the applicable regulations thereunder.
13. The Finance Director is authorized to purchase bond
insurance for the Bonds to be paid from the proceeds thereof and,
in the event such insurance is provided, the Clerk is authorized
to make appropriate changes in the Notice of Sale.
14. All resolutions and parts of resolutions insofar as
they conflict with the provisions of this resolution be and the
same hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen and Bishop.
NAYS: None.
On a motion by Councilman Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
#912-85 RESOLVED, that having considered a communication from
the Director of Finance dated October 8, 1985, approved for
submission by the Mayor, to which is attached City of Livonia
bid specifications for the period December 1 , 1985 to December
1 , 1986, the Council does hereby approve the attached specifications
in the manner and form herein submitted, and it does further
authorize the Director of Finance to solicit proposals with respect
to the City's insurance requirements on the basis of the
specifications herein approved.
On a motion by Councilman Ventura, seconded by Councilman Feenstra, and
unanimously adopted, it was
#913,85 RESOLVED, that having considered a communication from
the City Clerk dated October 1 , 1985, which indicates that the
Rest in the Sun, Inc. , a Michigan corporation, 35762 Veri Drive,
Livonia, Michigan 48154, proprietor of Bicentennial Estates
Subdivision #2, situated in the Northwest 1/4 of Section 4, has
delivered final true plats to the City Clerk and requested that
said plat be presented to Council for final approval ; and the
Council having received a communication from the City Planning
Commission dated September 27, 1985, wherein said Commission
approves the final plat for the said subdivision in its resolution
22012
9-215-85, adopted on September 24, 1985, and the Council having
considered a report from the City Engineer dated September 20,
1985, recommending approval of the final plat of said subdivision,
the preliminary plat of which was approved by the Council in its
resolution 405-85, adopted on May 22, 1985, said preliminary plat
having been recommended for approval by the City Planning Commission
on August 28, 1984, in its resolution 8-187-84; NOW, THEREFORE,
the Council does hereby determine to grant its approval to the
final plat of Bicentennial Estates Subdivision #2, located in
the Southwest 1/4 of Section 4, City of Livonia, Wayne County,
Michigan, as submitted by the proprietor thereof, which proprietor
is also hereby required to do all things necessary to obtain full
compliance with the Subdivision Control Act of Michigan of 1967,
as amended, and the ordinances of the City of Livonia; and further,
the City Clerk is hereby requested to do all things necessary
or incidental to the full performance of this resolution.
On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and
unanimously adopted, this 1064th Regular Meeting of the Council of the City of Livonia
was adjourned at 8:40 P.M. , October 9, 1985.
lis "10.1441,)141/4a
Robert F. Nash, City Clerk