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HomeMy WebLinkAboutCOUNCIL MINUTES 1983-12-12 ZUblb MINUTES OF THE 1 ,020th REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 12, 1983, 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 Bennett delivered the invocation Roll was called with the following result Present Robert E McCann, Robert D Bennett, Peter A. Ventura , Gerald Taylor, Fernon P Feenstra, Alice Gundersen, and Robert R Bishop Absent None Elected and appointed officials present Robert F Nash, City Clerk, Harry C Tatigian, City Attorney, John J Nagy, Planning Director, G. E. Siemert, Chief Engineer, Russell Gronevelt, Executive Assistant to the Mayor, Ronald Reinke, Superintendent of Parks and Recreation, Jack Dodge, Finance Director, William Crayk, Police Chief, James Miller, Personnel Director, Ron Mardiros, Assessor, Michael Reiser, Office of Emergency Preparedness By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #896-83 RESOLVED, that the minutes of the 1 ,019th Regular Meeting of the Council of the City of Livonia, held November 21 , 1983, are hereby approved By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #897-83 RESOLVED, that the minutes of the 188th Special Meeting of the Council of the City of Livonia, held November 22, 1983, are hereby approved 20627 The Communication from the City Assessor, dated November 16, 1983, regarding the 1983 Act 198 Facilities, was received and placed QM file for the information of the Council The Financial Statements for the month ending October 31 , 1983, submitted by the Director of Finance, were received and placed on file for the information of the Council The Communication from the Mayor' s Office, dated December 2, 1983, regarding the Metrovision Update on the progress of cable installation in Livonia, was received and placed on file for the information of the Council The Communication from the Board of Trustees of the Livonia Employees Retirement System dated September 23, 1983, regarding the establishment of Unisex Tables was received and placed on file for the information of the Council n�m The following resolutions were offered by Councilman Bishop and seconded by Councilman Feenstra #898-83 RESOLVED, that having considered a communication from the Department of Law dated November 4, 1983, approved by the City Treasurer and approved for submission by the Mayor, and which is submitted pursuant to Council Resolutions 781-83 and 786-83 with regard to the imposition of property tax administration fees by the City, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation The Communication from the Department of Parks & Recreation dated November 22, 1983, regarding the nature of improvements the City has made within the last ten years , was received and placed on file for the information of the Council 20628 The Communication from the Department of Public Works, Division of Engineering, dated November 14, 1983, regarding the Final Cost Information for the drainage improvements along the North Service Drive of I-96, was received and placed on file for the information of the Council #899-83 RESOLVED, that having considered the report and recommendation of the Chief of Police dated November 16, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 17 Jet-Sonic Model JS1-012 Bar Assemblies from Federal Signal Corporation, 2645 Federal Signal Drive, Park Forest South, Illinois 60466, for a total price of $ 6,444 36 ($379 08 each) , the same to be appropriated and expended from Account #101-325-987-000-000, further, 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 #900-83 RESOLVED, that having considered a letter from Mr & Mrs Stephen Demeter, 11829 Inkster Road, Livonia, Michigan 48150, dated November 10, 1983, wherein a request is submitted for the reimbursement of the cost of installing a sidewalk in the amount of $575, the Council does hereby refer this item to the Planning Department for its report and recommendation on whether or not Community Development Block Grant Funds can be used for this purpose (reimbursement) #901-83 RESOLVED, that having considered a communication from Maria Muyens , 9027 Butwell , Livonia, Michigan 48150 dated November 16, 1983, which bears the signatures of certain residents in the Golden Ridge Subdivision and wherein a request is submitted for the installation of permanent roads in the said subdivision, the Council does hereby refer this item to the Engineering Division for its report and recommendation #902-83 RESOLVED, that having considered a communication from the Livonia Chamber of Commerce dated November 9, 1983, which transmits a check in the amount of $16,756 58, which is to be placed in a special (trust) fund for the use and purpose of restoring and furnishing the Kingsley House, the Council does hereby, for and on behalf of the City of Livonia, accept this donation 20629 #903-83 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated November 8, 1983, approved by the Finance Director and approved for submission by the Mayor, with regard to the offer of a gift by the Livonia Anniversary Committee, Inc of a small mobile office trailer for use by the Department of Parks & Recreation at special events, the Council does hereby, for and on behalf of the City of Livonia, accept this donation The Communication from the Department of Law, dated November 29, 1983, regarding the Membership of the Economic Development Corporation, was received and placed on file for the information of the Council #904-83 WHEREAS, the members of the Conference of Western Wayne desire to conclude a memorandum of understanding with the Metropolitan Affairs Corporation for the purpose of entering into a joint public venture to determine the feasibility and desirability of establishing a project for the joint purchasing and use, WHEREAS, the City of Livonia desires to participate in this joint public venture under the terms of a memorandum of understanding, a copy of which is attached hereto and made a part hereof, THEREFORE, BE IT RESOLVED, that the City of Livonia approves the memorandum of understanding and authorizes Mayor Edward H McNamara, Chairman of the Conference of Western Wayne, to sign the memorandum for and on behalf of the City of Livonia #905-83 WHEREAS, the Livonia Family "Y" is planning its annual "Invest in Youth" campaign, and WHEREAS, it is desirable that the City become more aware of the "Y's" contributions to the community, and WHEREAS, the "Invest in Youth" campaign further enables the "Y" to provide 20630 1 Membership to anyone regardless of financial ability to pay 2 Handicapped programs for approximately 130 youngsters. 3 Resident camp experience for over forty children, some of whom need an opportunity for life away from unhappy home situations 4 An after-school Gra-Y program for 500 children in 4th through 6th grades 5 Operation Water Safety program through the Livonia Public Schools for all 4th graders , NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council joins Edward H McNamara, Mayor of the City of Livonia, in designating the week of February 26, 1984 through March 3, 1984 as "Invest in Youth Week" and in wholeheartedly endorsing this program #906- 83 RESOLVED, that having considered a communication from the City Engineer, dated November 23, 1983, approved by the Director of Public Works and approved for submission by the Mayor, and submitted N1 pursuant to Council Resolutions 248-83 and 322-83, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Hillcrest, Mason Ct , Livonia Crescent and Warner Ct , B.E Taylor' s Schoolcraft Manor Subdivision Nos 1 and 2, and such report having indicated the number of parcels which show tax delinquencies , the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for 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, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City 20631 Engineer with the City Clerk under date of November 23, 1983, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances , as amended, the Council does hereby set Monday, January 9, 1984 at 8 00 p m as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code #907-83 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 City Council of the City of Livonia on Monday, January 9, 1984 at 8 00 p m, at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item, Petition 83-9-1-19, submitted by A S Nakadar, M D , for a change of zoning of property located on the west side of Farmington Road, UU south of Eight Mile Road in the Northeast --' 1/4 of Section 4, from RUFA to P S , the City Planning Commission in its resolution 11-206-83 having recommended to the City Council that Petition 83-9-1-19 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 location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. 20632 A roll call vote was taken on the foregoing resolutions with the following result AYES Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann NAYS None On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #908-83 RESOLVED, that having considered a communication from the City Planning Commission dated November 14, 1983, which transmits its resolution 11-205-83, adopted on November 1 , 1983 with regard to Petition 83-9-3-7, submitted by the City Planning Commission pursuant to Council Resolution 390-83, regarding a request to vacate a public walkway located in Tiffany Park Subdivision No 5 on the south side of Grennada between Knolson and Bassett in the Southwest 1/4 of Section 19, the Council does hereby concur in the recommendation of the City Planning Commission and deny Petition 83-9-3-7 for the same reasons as those set forth in the aforesaid action Lir of the Planning Commission On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #909-83 RESOLVED, that the Council does hereby request a report and recommendation from the Planning Department and the Parks & Recreation Department with regard to the matter of making the park located adjacent to south side of Grennada between Knolson and Bassett in the southwest 1/4 of Section 19 more secure from intrusion by mini-bikes and other motorized traffic Further, the Council does hereby request a report and recommendation from the Police Department regarding the overall use of the said park, complaints received regarding the use of same and such other ramifications as may be pertinent Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING TITLE 3 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER 3 05 ENTITLED "CITY PROPERTY DISPOSITION ORDINANCE " 20633 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 Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #910-83 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 1 , 1983, and submitted pursuant to Council Resolution 149-81 in connection with a proposed ordinance, submitted by the Department of Law under date of January 22, 1981 , which would amend Section 5 33 070 of Chapter 5 33 (Garage, Yard, Basement and Rummage Sales) , of the Livonia Code of Ordinances, and having been given its First Reading by Councilman Nash on February 11 , 1981 , the Council does hereby determine to take no further action On a motion by Councilman Bishop, seconded by Councilman Ventura, Iwo and unanimously adopted, it was #911-83 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 1 , 1983 and submitted pursuant to Council Resolution 1021-81 in connection with a communication from the Chief Building Inspector and the Director of Public Works, dated November 19, 1981 , approved for submission by the Mayor, and which transmits proposed garage sale sign regulations , the Council does hereby approve the proposed regulations which read as follows 1 Only two (2) signs permitted One (1 ) on premises One (1 ) on public right-of-way 2 Signs to be no larger than six (6) sq feet and not illuminated 3 Do Not attach signs to trees, poles, etc Signs must be free standing, and erected with metal rods or pointed stakes not larger than 1" x 2" dimension 1:10 material 4 Permit number must be included on all signs 20634 5 Upon completion of sale, remove all signs and repair all ground holes or divots left by sign stakes Any signs not conforming or without permit number will be removed by City Inspector On a motion by Councilman Bishop, seconded by Councilman Feenstra and unanimously adopted, it was #912-83 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 1 , 1983 and submitted pursuant to Council Resolution 477-82 in connection with a communication from the City Planning Commission, dated April 27 , 1982, which transmits its resolution 4-55-82, adopted on April 13, 1982, with regard to Petition 78-2-6-3 submitted by the City Planning Commission to amend Section 11 03, Waiver Uses within the C-2 Zoning District of Zoning Ordinance No 543, by amending the present standards and adding new standards for gasoline service stations, restaurants , new and used car lots and showrooms , new or used mobile home sales, open air sales, display and/0r rental of utility trailers and buildings of 30,000 square feet or more, and the Council having conducted a public hearing with regard to this matter on June 7 , 1982, pursuant to Council Resolution 342-82, the Council does hereby concur in the recommendation of the Planning Commission NL and the said Petition 78-2-6-3 is hereby approved -- and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended in accordance with this resolution and in the form recommended for revision by the Legislative Committee In accordance with the recommendation of the Legislative Committee Report of December 1 , 1983, the updated survey of services currently provided to motorists at existing gas stations in Livonia, was received and placed on file for the information of the Council Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 1 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 (PET #83-6-1-15 RUF to PS) 20635 A roll call vote was taken on the foregoing Ordinance with the following result AYES Bennett, Ventura, Taylor, Gundersen, Bishop, McCann NAYS Feenstra The President declared the foregoing 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 010 OF TITLE 10, CHAPTER 03 (GENERAL PROVISIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann NAYS None The President declared the foregoing 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 210 OF TITLE 10, CHAPTER 06 (DEFINITIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 20636 Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 14 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 83-4-1-12 Rezoning RUF to PS) 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 Councilman Feenstra gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 7 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 83-7-1-16 Rezoning C-2 to PO-I ) 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 Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 28 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 20637 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances Iwo 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 Feenstra, seconded by Councilman Bishop, it was #913-83 RESOLVED, that having considered the report and recommendation of the Chief of Police dated November 22, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Pointe Dodge, 18001 Mack Avenue, Detroit, Michigan 48224, of 12 1984 Dodge Diplomat Police Vehicles for a total price of $117,407 92 (12 vehicles at $9,592 15 + 2% State of Michigan surcharge) less $12,000 for 12 Trade-In vehicles at $1 ,000 each, further, the Council does hereby authorize the disposition of 12 used 1981 Lebaron Police Sedans by sealed bids with a minimum bid of $1 ,000 per vehicle, further, the Council does hereby determine to authorize the aforesaid purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional 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 A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann NAYS None On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #914-83 RESOLVED, that having considered a communication dated October 14, 1983, from the Michigan Liquor Control Commission with respect to an application from Gerald C May, aka Ben Justice, aka Jerry Maiburg, for a new Entertainment Permit in conjunction with 1983 Class C license located at 37604 Ann Arbor Road, Livonia, iwp Michigan, and the report and recommendation of the Chief of Police dated November 14, 1983 in connection therewith, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation LUbsb A roll call vote was taken on the foregoing resolution with the following result law AYES Ventura, Taylor, Gundersen, Bishop, McCann NAYS Bennett, Feenstra The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was #915-83 RESOLVED, that having considered a communication from the Superintendent of Parks & Recreation dated November 22, 1983, approved by the Finance Director and approved for submission by the Mayor and which transmits resolution 1735-83, adopted by the Parks & Recreation Commission on November 14, 1983, wherein it is recommended that the greens fees at the two municipal golf courses, commencing March 1 , 1984, be established as follows RESIDENT RATES FEES 9 Holes Mon - Fri $4 75 18 Holes Mon - Fri 8 00 9 Holes Sat , Sun , Hol 5 75 18 Holes Sat Sun Hol 9 00 9 Holes Juniors* 2 00 18 Holes Juniors* 4 00 9 Holes Seniors* 2 00 18 Holes Seniors* 4 00 *Current restrictions as to days and times will remain in effect TWILIGHT Resident 3 50 Non-Resident 4 50 NON-RESIDENT RATES 9 Holes Mon - Fri 6 25 18 Holes Mon - Fri 9 50 9 Holes Sat , Sun , Hol 8 25 18 Holes Sat , Sun , Hol 10 50 20639 RESERVATION RATES FEES Sat , Sun , Hol N/C The Council does hereby concur in and approve of this action A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Taylor, Feenstra, Bishop, McCann NAYS Ventura, Gundersen The President declared the resolution adopted On a motion by Councilwoman Gundersen, seconded by Councilman Bishop, it was #916-83 RESOLVED, that having considered a communication from the Superintendent of Parks & Recreation dated November 3, 1983, approved by the Finance Director and approved for submission by the Mayor and which transmits resolution 1720-83, adopted by the Parks & Recreation Commission, wherein it is recommended that ice rental rates at the ice arenas be established in the amount of $60 per hour for the Livonia Hockey Association, Livonia Girls Hockey Association and the Over 30 Hockey Association and all others be required to pay $75 per hour, the Council does hereby concur in and approve of such action A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Ventura, Taylor, Gundersen, Bishop, McCann NAYS Feenstra* The President declared the resolution adopted *Councilman Feenstra's "no" vote is a reflection of the fact that he has not received a previously requested report from the Parks & Recreation Department regarding this subject On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was 20640 #917-83 RESOLVED, that having considered a communication from the Director of Finance dated November 7, 1983, approved for submission by the Mayor with regard to the need for an additional appropriation for Fire Department salaries due to retirements, the Council does hereby determine to increase revenue accounts for this purpose as follows ACCOUNT # DESCRIPTION AMOUNT 101-336-702 Fire Administration Salaries & Wages $59,770 101-341-702 Fire Prevention Salaries & Wages 19,230 TOTAL $79,000 Further, the Council does hereby determine with respect to the 1982-83 budget to increase the revenue account for this purpose as follows ACCOUNT # DESCRIPTION AMOUNT 101-000-571 Intangibles Tax $20,200 101-000-579-040 State Payments - Business Inventory 41 ,900 101-000-698-040 Overtime Reimbursement 24,100 TOTAL $86,200 and the Council does hereby determine to increase the unexpended fund balance account in the amount of $7,200 A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann NAYS None On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #918-83 RESOLVED, that having considered the report and recommendation of the Planning Director dated November 28, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that the City acquire a vacant home located at 11910 Cardwell Avenue for a purchase price of $36,000 plus closing costs estimated to be $300 in connection with the 1983-84 Community Development Block Grant Program, the legal description of which property is as follows 20641 Lot 365, also W. 1/2 Adj Vac Alley Schanhite's Marquette Manor Sub of Part of E 1/2 of S E 1/4 of Sec. 25, T 1 S , R 9 E the Council does hereby appropriate and authorize the expenditure of the sum of $36,300 from Community Development Block Grant funds for this purpose, provided, however, that the seller assume the cost of special assessments for improvements which have recently been made on Cardwell Avenue, and the Department of Law is hereby requested to prepare the necessary documents required to implement this transaction, as well as to do all other things necessary or incidental for the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Taylor, Feenstra, Gundersen, McCann NAYS. Ventura*, Bishop The President declared the resolution adopted *Councilman Ventura stated that he is opposed to the City purchasing single family homes for this purpose On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #919-83 RESOLVED, that having considered the report and recommendation of the Planning Director dated November 28, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that the City acquire a vacant home located at 31220 Hathaway for a purchase price of $40,000 plus $500 in closing costs in connection with the 1983-84 Community Development Block Grant Program, the legal description of which is as follows Lot 136, Cooperspoon Subdivision of part of the S W 1/4 of Section 35, T 1 S , R 9 E the Council does hereby appropriate and authorize the expenditure of the sum of $40,500 from Community Development Block Grant Funds for this purpose, and the Department of Law is requested to prepare the necessary documents required to implement this transaction, as well as to do all other things necessary or incidental to the full performance of this resolution 20642 A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Taylor, Feenstra, McCann NAYS: Ventura, Gundersen, Bishop The President declared the resolution adopted On a motion by Councilman Ventura, seconded by Councilman Taylor, it was #920-83 RESOLVED, that having considered a communication from the Personnel Director dated November 23, 1983, approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission November 23, 1983, wherein the Commission did recommend that salaries of Police Captains for the period December 1 , 1982 through November 30, 1985 be established as follows Effective December 1 , 1982 Step 3 Step 4 Step 5 Annual $35,276 80 $36,379 20 $37 ,668 80 Bi-weekly 1 ,356 80 1 ,399 20 1 ,448 80 Hourly 16 96 17 49 18 11 Effective December 1 , 1983 Annual $36,836 80 $38,313 60 $39,665 60 Bi-Weekly 1 ,416 80 1 ,473 60 1 ,525 60 Hourly 17 71 18 42 19 07 Effective December 1 , 1984 Annual $38,500 80 $40,040 00 $41 ,475 20 Bi-weekly 1 ,480 80 1 ,540 00 1 ,595.20 Hourly 18 51 19 25 19 94 and wherein the Commission did also recommend for the aforesaid period, adjustments and improvements in benefits for Police Captains with respect to pension, gun allowance, educational premiums, dental allowance, sick leave, vacation accrual and Workers ' Compensation as detailed in the aforesaid communication, the Council does hereby concur in and approve of this action A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Ventura, Taylor, Feenstra, Gundersen, Bishop, McCann NAYS• None 20643 On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 9, 1983, which transmits its resolution 11-212-83, adopted on November 1 , 1983, with regard to Sign Permit Application #577 , submitted by the Sign Place requesting erection of a sign on property located on the south side of Seven Mile Road, east of Myron in Section 9, the Council does hereby concur in the recommendation of the Planning Commission and approve Sign Permit Application #577 , subject to the said sign being installed in compliance with a 7 ' minimum set-back requirement and an 8' height limitation requirement On a motion by Councilwoman Gundersen, seconded by Councilman Bishop, it was #921-83 RESOLVED, to amend the foregoing resolution to provide for a 14' height limitation requirement in lieu of an 8' height limitation requirement A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Gundersen, Bishop, McCann NAYS Bennett, Taylor, Feenstra The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #922-83 RESOLVED, that having considered a communication from the City Planning Commission, dated November 9, 1983, which transmits its resolution 11-212-83, adopted on November 1 , 1983, with regard to Sign Permit Application #577 , submitted by the Sign Place requesting erection of a sign on property located on the south side of Seven Mile Road, east of Myron in Section 9, the Council does hereby concur in the recommendation of the Planning Commission and approve Sign Permit Application #577, subject to the said sign being installed in compliance with a 7 ' minimum set-back requirement and a 14' height limitation requirement A roll call vote was taken on the foregoing resolution with the following result 20644 AYES Ventura, Gundersen, Bishop, McCann NAYS Bennett, Taylor, Feenstra The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was #923-83 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 2, 1983, approved by the Director of Public Works and the Chairman of the Water & Sewer Board and approved for submission by the Mayor and which submits a proposed construction and service agreement involving Wayne County, Oakland County and 17 local units of government in connection with the Joint North Huron Valley - Rouge Valley Wastewater Control System, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a final draft of the attached agreement, subject to the final agreement being approved by the City's Water & Sewer Board and the final agreement being approved as to form by the Department of Law A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Feenstra, Gundersen, McCann NAYS Ventura, Taylor, Bishop The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #924-83 RESOLVED, that having considered a communication from the Personnel Director, dated December 5, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on December 1 , 1983, wherein the Commission recommends that the Council concur in a proposed three (3) year contract to be entered into by and between the City of Livonia and Union Local 192, affiliated with Council 23, American Federation of State, County and Municipal Employees , for the period from December 1 , 1983 through November 30, 1986, and also recommends that the Council concur in adopting the necessary amendments to the Compensation Plan, the Insurance and Disability Plans and the Retirement Ordinance so as to effectuate the provisions set forth in the aforesaid agreement, the Council does hereby approve of and concur in the aforesaid 20645 action, and the Mayor and City Clerk are hereby directed to affix their signatures to the aforesaid contract for and on behalf fo the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #925-83 RESOLVED, that having considered a communication from the Personnel Director, dated December 5, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on December 1 , 1983, wherein the Commission recommends that the Council concur in a proposed three (3) year contract to be entered into by and between the City of Livonia and the Supervisory Chapter of Local 1917 , American Federation of State, County and Municipal Employees , for the period from December 1 , 1983 through November 30, 1986, and also recommends that the Council concur in adopting the necessary amendments to the Compensation Plan, the Insurance and Disability Plans and the Retirement Ordinance so as to effectuate the provisions set forth- in the aforesaid agreement, the Council does hereby approve of and concur in the aforesaid action, and the Mayor and City Clerk are hereby directed to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #926-83 RESOLVED, that having considered a communication from the Personnel Director, dated December 5, 1983, which bears the signature of the Finance Director and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on December 1 , 1983, wherein the Commission recommends that the Council concur in a proposed three (3) year contract to be entered into by and between the City of Livonia and the Livonia Municipal Confidential Secretaries Association, for the period from December 1 , 1983 through November 30, 1986, and also recommends that the Council concur in adopting the necessary amendments to the Compensation Plan, the Insurance and Iwo Disability Plans and the Retirement Ordinance so as to effectuate the provisions set forth in the aforesaid 20646 action, and the Mayor and City Clerk are hereby directed to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #927-83 RESOLVED, that having considered a communication from the Personnel Director dated December 5, 1983, approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on December 1 , 1983, relative to adjustments in salary rates (cost-of-living eliminated) , training allowance, dental reimbursement, reduction in employee retirement contributions, medical , optical , retirement, vacation and veteran's buy-back of pension time for professional , administrative and other employees for the period December 1 , 1983 through November 30, 1986, and which also recommends that the Council concur in adopting the necessary amendments to the compensation plan, the insurance and disability plans and the Retirement Ordinance so as to effectuate implementating these provisions, the Council does hereby approve of and concur in the aforesaid action On a motion by Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #928-83 RESOLVED, that having considered a communication from the Council President dated November 21 , 1983, the Council does hereby establish the following dates for Council meetings for the month of January, 1984 8 PM January 4, 1984 Study Meeting 8 PM January 11 , 1984 Regular Meeting 8 PM January 16, 1984 Study Meeting 8 PM January 25, 1984 Regular Meeting 8 PM January 30, 1984 Study Meeting On a motion by Councilman Ventura , seconded by Councilwoman Gundersen, and unanimously adopted, it was 20647 #929-83 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 Three Million Four Hundred Twenty Two Thousand Four Hundred Fourteen Dollars ($3,422,414) , and WHEREAS, to finance a part of the cost of the Street Improvements the City Council deems it necessary to borrow the sum of One Million Five Hundred Fifty Thousand Dollars ($1 ,550,000) and issue bonds therefor as authorized by the provisions of Act 175, Public Acts of Michigan, 1952, as amended ("Act 175") , the balance of the cost to be defrayed from other funds of the City 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 Street Improvements are hereby approved and adopted 2 The period of usefulness of the Street Improvements is estimated to be not less than twenty (20) years 3 The City Council hereby determines to borrow the sum of One Million Five Hundred Fifty Thousand Dollars ($1 ,550,000) 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 1984 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 February 1 , 1984 and be payable on July 1st of each year as follows 20648 $75,000 1984, $125,000 1992, 25,000 1985, 1986 & 1987, 150,000 1993, 50,000 1988 and 1989, 200,000 1994, 75,000 1990, 225,000 1995, 100,000 1991 , 100,000 1996 and 1997, 225,000 1998. The Bonds shall bear interest to be determined at public sale but not to exceed thirteen percent (13%) per annum The Bonds will be subject to redemption and 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 Treasurer and the City Clerk and shall bear the actual or a facsimile 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 City shall not be required (i ) to issue, register the transfer of or exchange any bond during a period beginning at the opening of business 15 days before the day of the giving of a notice of redemption of bonds selected for redemption pursuant to this resolution and ending at the close of business on the day of giving of such notice, or (ii ) to register the transfer of or exchange any bond so selected for redemption in whole or in part, except the unredeemed portion of bonds being redeemed in part The City shall 20649 give the transfer agent notice of call for redemption at least 20 days prior to the date notice of redemption is to be given 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 the 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 depositary account, to be designated 1984 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 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 subject to such changes as to ministerial form as may be reasonably requested by the transfer agent UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1984 MICHIGAN TRANSPORTATION FUND BOND 20650 No Date of Maturity Principal Amount Interest Rate_ Date of Original Issue February 1 , 1984 Date from which Interest Accrues KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne, State of Michigan (the "City") , acknowledges itself to owe and for value received hereby promises to pay to in lawful money of the United States of America on the Date of Maturity specified above, with interest thereon from the date specified above as the Date from which Interest Accrues until paid at the Interest Rate per annum specified above, payable on July 1 , 1984, and semiannually thereafter Principal of the bonds is payable at the principal office of 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 interest payment date Interest is payable by check or draft mailed to the registered owner at the registered address as shown by the registration books of the City 15 days prior to any interest payment date This bond is one of a series of bonds of even date and like tenor, except as to denomination, rate of interest and date of maturity, aggregating the principal sum of $1 ,550,000 issued for the purpose of defraying part of the cost of street improvements in the City of Livonia, in accordance with a resolution duly and regularly adopted by the City Council of said City on December 12, 1983 pursuant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended Bonds of this issue maturing in the years 1984 to 1993, inclusive, shall not be subject to redemption prior to maturity Bonds of this issue maturing in the years 1994 to 1998, inclusive, shall be subject to redemption by the City prior to maturity, in such order as the City shall determine, on any interest payment date on or after July 1 , 1993, at par and accrued interest plus a premium as follows 1% of the principal amount of each bond called for redemption on or after July 1 , 1993, but prior to maturity 20651 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 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 bear interest after the date fixed for redemption, provided the City has deposited sufficient moneys with the transfer agent to redeem said bonds 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, or in case of insufficiency of said 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 principal of and interest on this bond and the series of bonds of which this is one from moneys derived from such State-collected taxes so returned to the City for highway purposes which have not been theretofore specifically allocated and pledged for the payment of indebtedness 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 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 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 20652 It is hereby certified and recited that all acts, conditions and things required to be done, exist and happen, precedent to and in the issuance of said series of bonds of which this is one, in order to make them valid and binding obligations of 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 facsimile signatures of its Mayor, Treasurer and its City Clerk and a facsimile of the City seal to be imprinted hereon, all as of the first day of February, A D , 1984 CITY OF LIVONIA By Mayor (Seal ) And By City Clerk By Treasurer (FORM OF TRANSFER AGENT' S CERTIFICATE OF AUTHENTICATION) Certificate of Authentication This bond is one of the Bonds described in the within-mentioned resolution Manufacturers National Bank of Detroit, Transfer Agent liw By Authorized Officer 20653 10 The Finance Director is authorized to apply for an exemption from prior approval from the Municipal Finance Commission, and upon receipt of such order, the City Clerk shall cause notice of sale of the Bonds to be published in the Bond Buyer, New York, New York, or in 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 11 A copy of this resolution shall be published in the Observer-Eccentric, Livonia, Michigan, once before this resolution becomes effective 12 The Finance Director be and is hereby authorized, in his discretion, to obtain municipal bond insurance for the Bonds for the account of the City and to insert the name of such insurer in the Notice of Sale The Finance Director is further authorized, in his discretion, to offer the Bonds for sale at a discount of not to exceed 3% of the principal amount of the Bond and to make such changes to the Notice of Sale as are appropriate 13 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded EXHIBIT A Street Name Termini Proposed Construction Henry Ruff Rayburn to Puritan Cap exist road surface with 4" A C variable widening to 24' , open ditches Puritan Merriman to Middlebelt Cap exist road surface with 2 " to 3" A C variable widening to 24' , open ditches Wayne Seven Mile to 1300' South 22' wide deep strength A C with intersection (incl curb) widening and enclosed drainage (sanitary sewer and water also being installed) Flamingo Seven Mile, N of Pembroke 4" A C cap over roadway width and ditch reconstruction Isw Flamingo Lyndon to Nye Ct 4" A C cap over existing roadway width 20654 Street Name Termini Proposed Construction Flamingo Nye Ct to Hoy 4" A C cap over existing roadway Hoy East to HenryRuff 27 ' wide deep strength A.0 with enclosed drainage Morlock Middlebelt E 1334' 31 ' wide deep strength asphalt E of Middlebelt with conc curbs and gutters Jamison Middlebelt to Garden 27' wide deep strength asphalt with conc curb and gutters Deering Seven Mile to Curtis 32' wide deep strength asphalt with conc curb and gutters Curtis Melvin, W to Coolidge School 27 ' wide deep strength asphalt with valley swales Doris Curtis to Seven Mile Road 27' wide deep strength asphalt with valley swales Livonia Hills Sub Hickory Lane, Jahn to 8 Mile , Cap exist road surface with Meadowview, Jahn to 8 Mile, 4"-41/2'/ A C , variable widening Morningstar, Meadowview to to 22' open ditches Hickory, Jahn, Meadowview W 1580' Floral Joy Rd N 1 ,085' 31 ' wide deep strength asphalt with concrete curb and gutter Surrey-Graytona Farmington Rd west and 34' , 9'/ rein, conc with enc from Schoolcraft Rd south drainage Cardwell Joy to W Chicago Cap exist road surface with 4" - 4 1/2" A.0 , variable widening to 22' open ditches Elmira - Orangelawn Elmira, Inkster to Deering, Cap exist road surface with 4" Orangelawn, Inkster to 41/2" A C , variable widening to Clements Circle E 22' open ditches Hathaway Farmington to Stark 28' wide 8" thick deep strength asphalt with encl . drainage Stanmoor - Whitcomb Stanmoor, Harrison to 6 Cap existing road surface with 4" - Mile, Whitcomb, Harrison to 41/2" A.0 ; variable widening to Stanmoor 22' open ditches Levan Plymouth 1 ,761 ' south 27 ' wide B B 8" thick deep L strength A C with valley swale gutters; enc drainage 20655 Street Name Termini Proposed Construction St. Martins 1310' W of Middlebelt to 31 ' wide B B. 71/2^ thick deep NL- Purlingbrook strength A C. with conc curb and gutter with enc drainage Clarita Middlebelt to 270' ed5t 31 ' wide B.B 71/2w thick deep strength A C with conc curb and gutter with encl . drainage Storm & Fowler's Hugh, 550' S of Norfolk to Cap exist road surface with 4" - Subdivision 8 Mile, Fremont, 550' S of 41/2" A C , variable widening to Norfolk to 8 Mile, Norfolk, 22' - open ditches Middlebelt to 150' W of Melvin , Morlock, Middlebelt to 150' W of Melvin Five Elm Su6'n Cavour, 5 Mile to Jamison, 31 ' B B 7" thick A C with conc Paderewski , 5 Mile to Jamison, curbs & gutter, end drainage Haller, 5 Mile to Jamison, Garden, 5 Mile to Jamison, Elsie, Middlebelt to Garden Greenland Puritan to E 1 ,846' Cap exist road surface with 4" A C variable widening to 22' , Open ditches Melvin-Louise Louise, Bretton to Pembroke, Cap exist road surface with 4" - � Melvin, Bretton to 8 Mile 41/2" A C ; variable widening to N�m 22' open ditches Richland Stark Road to East Repair existing base, resurface wit; 2" A C wearing course Milburn Eight Mile to Pembroke 27 ' wide 7" thick A C pavement Curtis Lathers to Deering Clean & reshape existing road ditches - place 3" A C. base course & l-1/2o wearing course over exist roadway Wentworth Merriman to Henry Ruff Clean and reshape existing road ditches - place 3" A C base course and 1-1/2" wearing course over existing roadway Barkley, Bonnydale, Within limits of Bonnydale Cap with 2" base and 1-1/2x wearing Nye Sub No 2 & portions of course Lyndon Manor Sub (N W 4 of Section 23) Oporto Five Mile to Puritan Clean and reshape existing road ditches - place 3" A C. base course L & l-1/2'/ wearing course over existinL roadway 20656 Street Name Termini Proposed Construction Rayburn Merriman to Henry Ruff Clean & reshape existing road ditches - place 3" A C base course & 1-1/2" wearing course over existing roadway Bicentennial Drive From 1790' North to 2652' Cap existing roadway with 4"-41/2" N of 7 Mile, W-1008' W of A C. , width varies from 22' to Bicentennial Dr ; W-470' W 62' , open ditches of Bicentennial Dr. , E-860' E of Bicentennial Dr. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #930-83 WHEREAS, by resolution adopted December 12, 1983, the City Council authorized the issuance and sale of One Million Five Hundred Fifty Thousand Dollars ($1 ,550,000) 1984 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. OFFICIAL NOTICE OF SALE $1 ,550,000 City of Livonia County of Wayne, State of Michigan 1984 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 , 1984, until o'clock 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 , 1158 First National Building, Detroit, Michigan 48226. The Bids will be awarded to the successful bidder no later than m. on that date L 20657 BOND DETAILS Said bonds will be fully-registered bonds of the denomination of $5,000 each, or multiples up to the amount of a single maturity, dated February 1 , 1984, numbered in direct order of registration of transfer from 1 upwards and will bear interest from their date payable on July 1 , 1984, and semiannually thereafter Said bonds will mature on the 1st day of July of each year in the amounts, as follows Amount Years $75,000 - 1984, 25,000 - 1985, 1986 and 1987 , 50,000 - 1988 and 1989, 75,000 - 1990, 100,000 - 1991 , 125,000 - 1992; 150,000 - 1993, 200,000 - 1994, 225,000 - 1995, 100,000 - 1996 and 1997 , 225,000 - 1998 INTEREST RATE AND BIDDING DETAILS The 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. 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 5 percent per annum No proposal for the purchase of less than all of the bonds or at a price less than % of their par value will be considered PRIOR REDEMPTION Bonds maturing in the years 1984 to 1993, inclusive shall not be subject to redemption prior to maturity Bonds maturing in the years 1994 to 1998, 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 July 1 , 1993, at par and accrued interest plus a premium as follows 1% of the principal amount of each bond called for redemption on or after July 1 , 1993, but prior to maturity 20658 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. 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 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 and interest 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 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 PURPOSE AND SECURITY. The bonds are to be issued pursuant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended, for the purpose of defraying part of the cost of constructing street improvements in the City of Livonia, and are issued in anticipation of Michigan Transportation Fund (the "Fund") payments from the State of Michigan to be received by the City The bonds, however, are not general obligations of the State of Michigan The bonds will pledge the limited full faith and credit of the City as additional security for payments of the principal and interest thereon If the payments from the said Fund are insufficient to pay the principal of and interest on the bonds, then the City is obligated to make such payments as a first budget obligation from its general 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 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 $31 ,000, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of Imi the City must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds No interest shall be allowed on the good faith check and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail . 20659 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 re= to their maturity and deducting therefrom any P 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 each bond, and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof The fees of Miller, Canfield, Paddock and Stone for services rendered in connection with such approving opinion are expected to be paid from bond proceeds Except to the extent necessary to issue their unqualified opinion as to 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 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. BOND INSURANCE Municipal Bond Insurance Association (the "insurer" ) has issued a commitment for municipal bond insurance covering the bonds All bids shall be conditioned upon the issuance, effective as of the date on which the bonds are issued, of a policy of insurance by the Insurer guaranteeing the payment of principal and interest on the bonds. Each bond will bear a legend referring to the insurance. The purchaser, holder, or owner is not authorized to make any statement regarding the insurance beyond those set out here or in the bond legend DELIVERY OF BONDS The City will furnish bonds ready for execution at its expense Bonds will be delivered without expense to the purchaser at 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 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 IL. event the City shall promptly return the good faith deposit. Accrued interest to the date of delivery of the 20660 bonds shall be paid by the purchaser at the time of delivery Payment for the bonds must be made in immediately 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 purchaser THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS CUSIP NUMBERS CUSIP identification numbers will be printed on the bonds, but neither the failure to print the numbers nor any error with respect thereto shall constitute cause for refusal by the purchaser to accept delivery of the bonds All expenses in relation to the printing of CUSIP Service Bureau charge for the assignment of 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 APPROVED STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 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 Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #931-83 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to authorize the issuance and sale of Michigan Transportation Fund Bonds, pursuant to Act 175, Public Acts of Michigan, 1952, as amended, in an amount of not to exceed One Million Five Hundred Fifty Thousand Dollars ($1 ,550,000) , for the purpose of defraying part of the cost of acquiring and constructing street and highway improvements in the City, and WHEREAS, prior to issuance of bonds the City Iwo must either receive prior approval of the bonds from the Municipal Finance Commission of the state or be exempt from prior approval as provided in Chapter III , Section II of Act 202, Public Acts of Michigan, 1943, as amended, and 20661 WHEREAS, in order to be exempt from prior approval , the City must notify the department of treasury of the state of its intent to issue the bonds and must agree to pay the filing fees required by the aforesaid act. NOW, THEREFORE, BE IT RESOLVED THAT 1 . The Clerk is authorized to notify the Michigan Department of Treasury of the City' s intent to issue the bonds described in the preamble to this resolution and request an order providing an exception for the bonds from prior approval by the Municipal Finance Commission. 2. The City agrees to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to the bonds described in the preamble to this resolution 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded The Communication from the Department of Law, dated December 8, 1983, regarding the Michigan Supreme Court Granting Leave to Appeal in the Adult Foster Care Small Group Homes Cases, was received and placed on file for the information of the Council By Councilman Feenstra , seconded by Councilman Ventura, and unanimously adopted, this 1020th Regular Meeting of the Council of the City of Livonia was duly adjourned at 8 45 p m , December 12, 1983 -4e11461t X(:)qa.4 ROBERT F NASH CITY CLERK Ihm