HomeMy WebLinkAboutCOUNCIL MINUTES 1982-09-08 19991
MINUTES OF THE NINE HUNDRED AND EIGHTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 8, 1982, 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. . Councilwoman Gundersen delivered the
invocation. Roll was called with the following result: Present: Robert E. McCann,
Gerald Taylor, Fernon P. Feenstra, Alice Gundersen, Robert R. Bishop. Robert D.
Bennett and Peter A. Ventura. Absent: None.
Elected and appointed officials present: Robert F. Nash, City Clerk,
Harry C. Tatigian, City Attorney; John Nagy, City Planner; G. E. Siemert, City
Engineer, Jack Dodge, Finance Director; Sue Daniel, Historical Commission; and
Stanley Bien, Chief Librarian.
By Councilman Ventura, seconded by Councilman Feenstra, and unanimously
adopted, it was
#630-82 RESOLVED, that the minutes of the 988th Regular Meeting of the
Council of the City of Livonia, held August 25, 1982, are hereby approved.
The following resolution was unanimously introduced, supported and
adopted:
#631-82 WHEREAS, Leigh Ann Feenstra has been elected to the National
Junior College Athletic Association, Second Team, All American Women's
Volley Ball, and
WHEREAS, Leigh Ann Feenstra has been selected as First Team,
State of Michigan Women's Volley Ball Team, and
WHEREAS, Leigh Ann Feenstra has been selected as First Team,
Region XII NJCAA Volley Ball Team, and
WHEREAS, Leigh Ann Feenstra has been selected as Schoolcraft
College's Most Valuable Player, Women's Volley Ball, and as Team Captain,
and.
WHEREAS, Leigh Ann Feenstra has been selected as First Team,
District NJCAA Women's Volley Ball,
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(in accordance with the attached) the estimated cost of which is $46o and
for this purpose the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $460 from the 7.9 Million Dollar Streets
and Roads General Obligation Bond Issue; further, the Council does hereby
refer the balance of the recommendations set forth in the aforesaid
communication with regard to the construction of curb drops throughout the
City to the Street, Roads and Plat Committee for its report and recommenda-
tion.
#634-82 RESOLVED, that having considered a communication from the
Michigan Depression Glass Society, dated August 18, 1982, wherein it is
requested that permission be granted to place directional signs along
Haggerty Road between Six Mile Road and Seven Mile Road, East and West of
Haggerty Road and at exits 169 and 170 of the I-275 freeway on October 15,
1982 to be removed by 5:00 p.m. on October 17, 1982 with respect to the
annual Glass Show to be conducted at Schoolcraft College, the Council does
hereby grant and authorize the placing of said signs in the manner and
form herein requested.
#635-82 RESOLVED, that having considered a communication from the
Director of Community Resources dated August 10, 1982, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, the Council does hereby accept a $25 cash donation from the
Transamerica Title Company to be deposited into the Youth Assistance
Contributions Account #223-159-651.001.000 to be used to subsidize
tuition for Parenting Education Courses and $250 from the Livonia Jaycees
into Youth Assistance Auto Expense Account #223-159-861.001.000, and
$250 from the Livonia Jaycees into Youth Assistance Miscellaneous
Account #223-159-756.001.000.
#636-82 RESOLVED, that having considered a communication from the CETA
Program Administrator, dated August 20, 1982, approved by the Finance
Director and approved for submission by the Mayor, the Council does hereby
approve and authorize expenditures not to exceed $4,289.00 from CETA funds
for skill training at Schoolcraft Community College in the manner and
form detailed in Column 8 of Attachment A.
#637-82 RESOLVED, that having considered a communication from the CETA
Program Administrator, dated August 23, 1982, approved by the Finance
Director and approved for submission by the Mayor, to which is attached
Grant Modification #003 to the City of Livonia CETA Fiscal Year 1982
Annual Plan, Subpart G, Title IV, Summer Youth Employment Program, the
Council does hereby authorize and approve the said Grant Modification in
the manner and form indicated in the aforesaid communication; and the
Mayor and City Clerk are hereby requested to execute the same for and on
behalf of the City of Livonia as well as do all other things necessary
and incidental to the full performance of this resolution.
#638-82 RESOLVED, that having considered a communication from the CETA
Program Administrator, dated August 23, 1982, approved by the Finance
Director and approved for submission by the Mayor, to which is attached a
proposed agreement between the City of Livonia and the Livonia Public
Schools which would renew a CETA services contract to provide Career
Information Center Aides for the period October 1, 1982 to September 30,
1983, the Council does hereby authorize the said renewal agreement in the
manner and form indicated in the aforesaid communication; and the Mayor
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and City Clerk are hereby requested to execute the same for and on behalf
of the City of Livonia as well as to do all other things necessary and
incidental to the full performance of this resolution.
#639-82 RESOLVED, that having considered letters from the Michigan Liquor
Control Commission, dated July 21, 1982, and the report and recommendation
of the Chief of Police, dated August 18, 1982 in connection therewith, the
Council does hereby approve of the request from Apex Drug Stores, Inc. for
transfer of ownership of 1982-83 SDD-SDM Licensed Businesses from
Cunningham Drug Stores, Inc. at the following locations:
29350 Plymouth Rd., Livonia, Mi. 48150, County of Wayne
33251 Plymouth Rd., Livonia, Mi. 48150, County of Wayne
37980 Ann Arbor Rd., Livonia, Mi., 48150, County of Wayne
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
#640-82 RESOLVED, that having considered a communication dated August 12,
1982 from the Michigan Liquor Control Commission with regard to an
application from G. Mark Veltman, 5524 S. Rainbow Lane, Waterford, Mi.
48095, for a new full year Class "C" License to be located at 28121
Plymouth Road, Livonia, Michigan 48154, the Council does hereby refer the
same to the Committee of the Whole for further consideration along with
all other such applications.
#641-82 WHEREAS, there exists in the City of Livonia, County of Wayne,
Michigan (the "City") the need for certain programs to alleviate and
prevent conditions of unemployment, to assist and retain local industrial
and commercial enterprises in order to strengthen and revitalize the
City's economy and to encourage the location and expansion of industrial
and commercial enterprises to provide needed services and facilities to
the City and its residents; and
WHEREAS, a program to alleviate the aforesaid conditions and
accomplish said purposes has been initiated by The Economic Development
Corporation of the City of Livonia (the "Corporation"); and
WHEREAS, the Corporation in conformity with Act No. 338 Public
Acts of Michigan, 1974, as amended ("Act No. 338"), has designated the
}hereinafter described project area for such a program to this Council for
its approval thereof; and
WHEREAS, it is also necessary for this Council to establish
project district area boundaries, and
WHEREAS, it is also necessary for this Council to approve the
appointment of two additional directors to the Board of Directors of the
Corporation pursuant to the provisions of Section 4(2) of Act No. 338;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This Council does hereby certify its approval of the
Corporation's designation of the project area described in Exhibit A
hereto attached.
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2. This Council does hereby establish as a project district area
the property described in Exhibit B hereto attached.
3. This Council does hereby certify its approval of the
individuals listed on Exhibit C as additional Directors of the Corporation
to serve in conformity with the provisions of Section 4(2) of Act No. 338.
4. It is hereby determined that the requirements of Section 20
of Act No. 338 have been met and that the formation of a project citizens
district council is not required.
5. The City Clerk be and is hereby directed to deliver a
certified copy of this resolution to the Secretary of the Board of the
Corporation.
6. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby
are rescinded.
#642-82 RESOLVED, that having considered a communication from the Mayor,
dated August 17, 1982, wherein it is indicated that notice has been
received that requires the appointment of two additional directors to the
Economic Development Corporation who shall be representatives of neighbor-
hood residents with respect to the Gillow Properties EDC Proposal Project
who are as follows:
Leo Burton, Proprietor Betty Jean Awrey, Supervisor
Windjammer Cocktail Lounge Awrey Thrift Store
11791 Farmington Road 12301 Farmington Road
Livonia, Michigan 48150 Livonia, Michigan 48150
the Council does hereby approve of and concur in the aforesaid action,
provided that the aforesaid persons take the Oath of Office as required
in Section 3, Chapter X of the City Charter, to be administered by the
office of the City Clerk.
#643-82 RESOLVED, that having considered the report and recommendation
of the City Engineer and Public Utilities Manager, dated August 11, 1982,
which bears the signature of the Finance Director, is approved by the
Chairman of the Water and Sewer Board and Director of Public Works, and
is approved for submission by the Mayor, and to which is attached a
proposed amendment to the Engineering Agreement provision authorized in
Council Resolution 28-78, adopted on January 18, 1978 for a Municipal
Step I Facility Planning Study for the City of Livonia by the firm of
Orchard, Papke, Hiltz and McCliment, Inc., in joint venture with Hubbell,
Roth & Clark, Inc., which amendment would increase the original estimated
contract in the amount of $26,000, the Council does hereby authorize the
Mayor and City Clerk for and on behalf of the City of Livonia to execute
the said Amendatory Agreement in the manner and form herein submitted as
well as to do all other things necessary and incidental to the full
performance of this resolution.
#644-82 RESOLVED, that having considered a communication from the
Historical Commission, dated August 25, 1982, which bears the signature
of the Finance Director and is approved for submission by the Mayor, the
Council does hereby authorize the Livonia Historical Commission to expend
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$1,370.00 from the Historical Account ,#101-737-976.120.000 in order to
have the Water and Sewer Division install a water line from the Water
Main to the Church and the Parsonage at Greenmead.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Bishop, it was
#645-82 RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated August 17, 1982, the Council does hereby
request that the City Clerk do all things necessary to cause the following
advertisement and public notice to be placed in the following publications
for the dates indicated:
NAME OF PUBLICATION PUBLICATION DATE
Livonia Observer September 27, 1982
36251 Schoolcraft Road
Livonia, Michigan 48150
(City's official newspaper)
Cablevision October 4, 1982
P.O. 5727 T.A.
Denver, Colorado 80217
Multichannel News October 4, 1982
300 South Jackson
Denver, Colorado 80209
TVC October 15, 1982
6430 South Yosemite Street
Englewood, Colorado 80111
the foregoing advertisement and notice to be published in the following
form:
PUBLIC NOTICE
The City of Livonia, Michigan (with approximately
33,000 dwelling units), is soliciting applications
for a Cable Communications System Franchise. Applica-
tions are due by 5:00 P.M. on December 13, 1982.
Interested applicants can obtain a copy of the
Invitation for Application from:
ROBERT F. NASH
CITY CLERK
33000 Civic Center Drive
Livonia, Michigan 48154
(313) 522-2695
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A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilman Taylor, it was
#646-82 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated August 13, 1982, approved by the Director of
Public Works and approved for submission by the Mayor and submitted
pursuant to Council Resolution 874-79, with respect to the proposed improve-
ment and/or maintenance of the traffic island (boulevard), located at the
southeast corner of Middlebelt and Plymouth Roads, the Council does hereby
request and authorize the Department of Public Works to do all things
necessary to accomplish the landscaping of all unpaved portions of the
island as well as to install a sprinkler system in the manner described in
the aforesaid communication (recommendation number "3") and for this
purpose the Council does hereby appropriate and authorize the expenditure
of a sum not to exceed $7,500 from the 7.9 Million Dollar Street and Road
General Obligation Bond Issue; FURTHER, the Council does hereby authorize
the Director of Public Forks to execute a Permit with the Wayne County
Road Commission wherein the City accepts all responsibility for
constructing and maintaining the aforesaid island improvements.
! roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: Bishop.
The President declared the resolution adopted.
By Councilman Taylor, seconded by Councilwoman Gundersen, it was
unanimously adopted,
#647-82 RESOLVED, that having considered a communication from the
Historical Commission dated August 25, 1982, which bears the signature of
the Finance Director and is approved for submission by the Mayor, the
Council does hereby authorize the installation of plumbing for the
parsonage in the Historical Village at Greenmead by Phillips Plumbing &
Heating, Inc. , 17201 Middlebelt Road, Livonia, Michigan 48152, for the
price of $3,425.00 in accordance with their proposal dated August 24, 1982,
said amount to be expended from Account #101-737-976.120.000; 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 2-213(d)(5)
of the Livonia Code of Ordinances, as amended.
By Councilman Taylor, seconded by Councilman Bennett, it was
#648-82 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission, dated June 15, 1982, and the report and recommendation
of the Chief of Police, dated July 30, 1982, in connection therewith, the
Council does hereby approve of the request from Buddy's-Livonia, Inc. for
transfer of ownership of 1981 Class "C" License located in escrow at
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33605 Plymouth Road, Livonia, Michigan 48150, Wayne County, and to add
space to establishment, from Myrold-Backos, Inc., and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilman Bennett, it was
#649-82 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated April 30, 1982, and the report and
recommendation from the Chief of Police, dated August 11, 1982, in
connection therewith, with respect to the request from the Detroit Bagel
Baking Company for a new SDM license to be located at 29235 Seven Mile
Road, Livonia, Michigan 48152, the Council does hereby recommend that the
Michigan Liquor Control Commission deny the said request inasmuch as the
area in question is already being adequately served by existing SDM
licenses and the approval of an additional SDM license in this area would
be detrimental to the City of Livonia and its residents; and the City
Clerk is hereby requested to transmit a certified copy of this resolution
to the Michigan Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann.
NAYS: *Ventura.
The President declared the resolution adopted.
*Councilman Ventura made the following statement. My 'no' vote is cast
because the license will be issued by the Michigan Liquor Control Commission anyway.
By Councilman Bishop, seconded by Councilman Taylor, it was
#650-82 RESOLVED, that having considered a communication from the City
Planning Commission, dated July 30, 1982, which transmits its resolution
7-122-82, adopted on July 27, 1982, with regard to Petition 82-5-2-15,
submitted by Animal Health Services, Inc., requesting waiver use approval
to locate a veterinary clinic in a shopping center located on the north-
west corner of Schoolcraft and Inkster Roads in the southeast 1/4 of
Section 24, said property being zoned C-2, the Council does hereby reject
the recommendation of the Planning Commission and Petition 82-5-2-15 is
hereby denied for the following reasons:
(1) The petitioner has failed to demonstrate that
this proposal complies with all of the specific
and general standards contained in Sections 11.03
and 19.06 of Zoning Ordinance #543, as amended.
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(2) Such use is incompatible with and detrimental to
the surrounding uses in the shopping center due
to the nature of veterinary clinics and their
dealings with diseased animals.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Feenstra, it was
#651-82 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated August 19, 1982, approved by the Chief Building
Inspector and the Senior Fire Inspector, and which submits a proposed
ordinance amendment to Title VII of the Livonia Code of Ordinances entitled,
"Inspection of Residential Property upon Resale", the Council does hereby
refer this item to the Legislative Committee for its report and recommenda-
tion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilman Taylor, it was
#652-82 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 238 for a
proposed road improvement consisting of a 22' wide full-depth asphalt
pavement with concrete curbs and gutters, widening to 42' wide at the Seven
Mile intersection (Alternate III) on Wayne Road, Seven Mile south 1,000
feet in the northwest 1/4 of Section 3 and the northeast l/4 of Section 9,
in the City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having been held
thereon on August 30, 1982 at 7:00 P.M. at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, and the City Council having duly met and reviewed
the special assessments levied on the special assessment roll as prepared
by the City Assessor to cover the district portion of the cost of street
improvements to be constructed in Special Assessment District No. 238; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. The assessments set forth in said Special Assessment Roll dated
August 5, 1982, in the amount of $51,416.96 are fair and
equitable and based upon benefits to be derived by construction
of improvements proposed in said district, in accordance with
the plans of the City Engineer and resolutions of the City
Council, said roll to be approved and based upon Alternate III
apportionment of costs;
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2. Said Special Assessment Roll No 238 is hereby approved and
confirmed in all respects,
3. The amount of said roll shall be divided into fifteen (15)
equal annual installments with interest at the rate of eight
(8%) percent per annum on the unpaid balance of the assess-
ment from the date of confirmation. Said interest shall be
payable on each installment due date; provided, however, that
after the issuance of bonds in anticipation of the collection
of the unpaid assessments on the said special assessment roll,
said rate of interest shall be adjusted to a rate which is not
more than 1% above the average rate of interest borne by said
bonds. In such cases where the installments will be less than
Ten Dollars ($10.00), the number of installments shall be
reduced so that each installment shall be above and as near
Ten Dollars ($10.00) as possible. The first installment shall
be due and payable December 1, 1983 and subsequent install-
ments on December 1st of succeeding years;
4. Pursuant to the provisions of Section 2-513 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse
the date of confirmation on the assessment roll, and the said
assessment roll shall then be immediately transmitted to the
City Treasurer who shall then publish notice as is required by
Section 2-519 of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective property
law owners assessed in the manner and substance as provided by
said Section 2-519. Any property owner assessed may, within
sixty (60) days from December 1, 1983 pay the whole or any
part of the assessment without interest or penalty;
5. The first installment shall be spread upon the 1983 City tax
roll in the manner required by Section 2-521 of the Livonia
Code of Ordinances, as amended, together with interest upon
all unpaid installments from sixty (60) days after December 1,
1983 and thereafter one (1) installment shall be spread upon
each annual tax roll together with one (1) year's interest
upon all unpaid installments; provided, however, that when any
annual installment shall have been prepaid in the manner
provided in Title 2, Chapter 5 of the Livonia Code of
Ordinances, as amended, either within the sixty (60) day
period as provided by Section 2-520, or after the expiration
of the sixty (60) day period as provided by Section 2-523
then there shall be spread upon the tax roll for such year
only the interest for all unpaid installments; and
6. The City Council hereby determines to pay sixty (60%)
percent of the paving, drainage and right-of-way costs of this
project which costs are presently estimated to be $77,125.44.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
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By Councilman Ventura, seconded by Councilman Bishop, it was
ImpRESOLVED, that the Council does hereby request that the City
Planning Commission reconsider the designation of Wayne Road between Six
Mile Road and Seven Mile Road so as to reduce the width of same as shown
on the Master Thoroughfare Plan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura.
NAYS: Gundersen, Bishop, Bennett, Taylor, Feenstra and McCann.
The President declared the resolution DENIED.
By Councilman Bennett, seconded by Councilman Taylor, it was
#653-82 RESOLVED, that the Council does hereby request and authorize the
Engineering Division and the Department of Law to employ the services of
an expert real estate appraiser for the purposes of preparing a real
estate appraisal with respect to right-of-way required in connection with
the proposed improvement of Wayne Road south of Seven Mile Road for a
distance of 1,000 feet and for this purpose, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed $2,000
from the 7.9 Million Dollar Street and Road General Obligation Bond Issue.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Ventura, it was
RESOLVED, that the Council does hereby request that the
Engineering Division prepare new construction plans with respect to the
improvement of Wayne Road south of Seven Mile Road for a distance of 1,000
feet so as to reduce the presently proposed northbound left turn lane from
200 feet to 150 feet.
. roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop and Ventura.
NAYS: Bennett, Taylor, Feenstra and McCann.
The President declared the resolution DENIED.
By Councilman Feenstra, seconded by Councilman Taylor, and unanimously
adopted, it was
#654-82 RESOLVED, that having considered a communication from the Director
of Finance, dated September 1, 1982, and approved for submission by the
Mayor, with regard to conducting a public hearing in connection with
general revenue sharing funds, the Council does hereby determine that a
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Public Hearing shall be conducted on Monday, October 4, 1982 at 7:30 P.M. ,
at the Civic Center Aunicipal Building, 33000 Civic Center Drive, Livonia,
Michigan 48154, with respect to the proposed use report and budget
presented to the City Council by the Mayor for the fiscal year December 1,
1982 to November 30, 1983, so that citizens may have the opportunity to
provide written and oral comments on the possible uses of such funds at
that time; and the City Clerk shall give adequate public notice of the
said public hearing in accordance with provisions of law.
By Councilman Feenstra, seconded by Councilman Taylor,
it was
#655-82 RESOLVED, that having considered a communication from the
Director of Finance, dated September 1, 1982, and approved for submission
by the Mayor, the Council does hereby determine to conduct a Public
Hearing on Monday, October 11, 1982 at 7:00 P.M. at the Civic Center
Municipal Building, 33000 Civic Center Drive, Livonia, Michigan 48154 with
respect to the following items.
A. The second public hearing required in connection with
general revenue sharing funds; and
B. The truth and taxation public hearing with respect to
a proposed increase of .476 mills in the operating tax
millage to be levied in 1982;
and the City Clerk shall give notice of the said public hearing in
accordance with provisions of law and City Charter.
I roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Feenstra, and unanimously
adopted, it was
#656-82 RESOLVED, that with respect to the proposed Annual Budget for the
City of Livonia for the Fiscal Year commencing December 1, 1982, the
Council does hereby determine to set a Public Hearing thereon on Monday,
October 11, 1982 at (.00 P.M. , at the Civic Center Municipal Building,
33000 Civic Center Drive, Livonia, Aichigan 48154, in accordance with the
provisions of Chapter VII of the City Charter; and the City Clerk shall
give notice of said Public Hearing in accordance and pursuant to provi-
sion of the City Charter.
By Councilman Bishop, seconded by Councilwoman Gundersen, and unanimously
adopted, it was
#657-82 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.
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By Councilwoman Gundersen, seconded by Councilman Bennett, it was
RESOLVED, that having considered a communication from the
Acting Chief of Police, dated September 3, 1982, which bears the
signature of the Finance Director and is approved by the Mayor, wherein a
waiver of competitive bidding requirements is requested in order to
purchase a software training program from Digital Equipment Corporation,
21333 Haggerty Road, Novi, Michigan 48050, for a total price of $1,838,
the Council does hereby reject and deny this request.
2', roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen.
NAYS: Bishop, Bennett, Ventura, Taylor, Feenstra and. McCann.
The President declared the resolution DENIED.
By Councilman Bishop, seconded by Councilman Ventura, it was
#658-82 RESOLVED, that having considered a communication from the Acting
Chief of Police, dated September 3, 1932, which bears the signature of the
Finance Director and is approved by the Mayor, the Council does hereby
authorize the purchase of a software training program from Digital
Equipment Corporation, 21333 Haggerty Road, Novi, Michigan 48050 for a
total price of $1,838; 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 2-213(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: Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: Gundersen.
The President declared the resolution ADOPTED.
By Councilman Ventura, seconded by Councilman Taylor, it was
#659-82 WHEREAS, special assessment rolls, more particularly described in
this resolution for the construction of public improvements in the City of
Livonia have been prepared, reviewed and confirmed by the City Council; and
WHEREAS, the City Council deems it necessary to borrow money and
issue bonds in anticipation of the collection of said special assessments
to defray part of the cost of said public improvements, all in accordance
with the City Charter.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The estimated period of usefulness of said public improve-
ments is not less than twenty (20) years.
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2. Bonds of the City be issued in the amount of Six Hundred
Ninety-five Thousand Dollars ($695,000) in anticipation of the collection
of the unpaid installments of special assessments on the special assess-
ment rolls set forth in this paragraph 2, the principal amount of special
assessment for each roll pledged for the payment of said bonds to be as
follows for the following districts:
Special Assessment District No. 205 $ 23,200
Special Assessment District No. 209 33,150
Special Assessment District No. 210 8,000
Special Assessment District No. 211 89,100
Special Assessment District No. 213 245,500
Special Assessment District No. 211+ 16,800
Special Assessment District No. 215 5,300
Special Assessment District No. 216 7,500
Special Assessment District No. 225 137,400
Special Assessment District No. 228 10,000
Special Assessment District No. 233 32,300
Special Assessment District No. 234 26,200
Special Assessment District No. 235 29,550
Special Assessment District No. 236 31,000
The liability of each special assessment district shall be limited to the
principal amount set forth above and interest thereon. In addition to the
special assessments primarily pledged as aforesaid, the City's full faith,
credit and resources shall be pledged secondarily for the prompt payment of
the principal and interest on the bonds as the same become due, which
secondary pledge shall include the City's limited tax obligation, within
applicable constitutional, statutory and charter limits, and its general
fund. The City budget shall provide that if the pledged special assess-
ments are not collected in amounts sufficient to pay the principal of and
interest on the bonds as the same become due, the City will, as a first
budget obligation, promptly advance from its general funds sufficient
moneys to pay the principal and interest. The bonds shall be designated
1982 SPECIAL ASSESSMENT LIMITED TAX BONDS, shall consist of one hundred
thirty-nine (139) bonds of the denomination of $5,000 each, numbered
consecutively in direct order of maturity from 1 upwards, dated November 1,
1982, and shall be payable serially, February 1 of the years as follows
$45,000 1983;
75,000 19811., 1985 and 1986
50,000 1987;
75,000 1988 and 1989;
50,000 1990 and 1991;
25,000 1992 to 1996, inclusive.
Bonds of this issue maturing in the years 1983 to 1992, inclusive, shall
not be subject to prior redemption. Bonds of this issue maturing in the
year 1993 and thereafter shall be redeemable at the option of the City in
direct numerical order, on any interest payment date on or after February 1,
1992, at par and accrued interest to the date fixed for redemption
In addition to the foregoing the City covenants that on any interest
payment date on and after February 1, 1992, the City will call for
redemption in direct numerical order, at par plus accrued interest, bonds
maturing in the years 1993 to 1996 inclusive to the extent that 60 days
20005
prior to any interest payment date there are funds on hand in the debt
retirement fund in excess of the amount required to pay principal and
interest scheduled to mature prior to the next regular collection of
special assessments so that following the redemption of bonds, the amount
remaining in the debt retirement fund will not exceed *5,000. The City
Clerk and Director of Finance shall take all steps necessary to call bonds
for redemption in accordance with this paragraph without further direction
of the City Council.
The bonds shall be coupon bonds, bearing interest at a rate or rates not
exceeding thirteen percent (13%) per annum, payable on February 1, 1983,
and semiannually thereafter. Both principal of and interest on said bonds
shall be payable at a bank or trust company to be designated by the
original purchaser of the bonds, with the approval of the City Clerk.
3. The bonds shall be signed in the name of the City by the
i1ayor and countersigned by the City Clerk and City Treasurer and shall
bear the City seal, and the interest coupons annexed thereto shall bear
the facsimile signatures of the Mayor and. City Treasurer. The bonds, when
executed, shall be delivered to the City Treasurer and be delivered by
her to the purchaser thereof upon payment of the purchase price thereof
in accordance with the bid therefor when accepted.
4. There shall be established and maintained a fund, to be
L designated "1982 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 of the bonds. In addition, there shall
be paid into the fund the collections of principal and interest on the
special assessment rolls in anticipation of the collection of which the
bonds authorized by the provisions of this resolution have been issued.
The amount to be paid by each district shall not exceed the amount of
bonds allocated to the district and the interest thereon. If at any time
the fund is insufficient to pay the principal of and interest on the bonds
as the same become due, the City shall advance from its general funds as
a first budget obligation a sufficient amount to pay said principal and
interest, or levy ad valorem taxes on all taxable property within the
boundaries of the City to pay said principal and interest, within existing
charter, statutory and constitutional limitations.
5. The treasurer shall, after making the credits to the debt
retirement fund required by the prior paragraph, credit the balance of the
bond proceeds to a Construction Fund for the public improvements, which
she shall establish. Money in the Construction Fund shall be used solely
for payment of costs of the public improvements, or payment or redemption
of the Bonds.
6. The Director of Finance is authorized, in his discretion, to
obtain municipal bond insurance for the Bonds.
Immo Said bonds and the attached coupons shall be in substantially
the following form:
20006
UNITED STATES OF AAERICA
ibmSTATE OF MICHIGAN
COUNTY OF F;AYNE
CITY OF T,TVONIA
1982 SPECIAL ASSESSMENT LIMITED TAX BOND
No. $5,000
The CITY OF LIVONIA, County of Wayne, State of Michigan,
promises to pay to the bearer of this bond the sum of
FIVE THOUSAND DOLLARS
lawful money of the United States of America, on the first day of
February, A.D., 19 , with interest thereon from the date hereof until
paid at the rate of percent ( °%o) per annum, payable on
February 1, 1983, and semiannually thereafter on the first day of
February and August of each year upon presentation and surrender of the
annexed interest coupons as they severally become due. Both principal
of and interest on the bonds are payable at the principal office of
, and for the prompt payment of this
bond, both principal and interest, the full faith, credit and resources of
the City of Livonia are hereby irrevocably pledged.
This bond is one of a series of one hundred thirty-nine (139)
bonds of even date and like tenor, except as to rate of interest and date
of maturity, aggregating the principal sum of $695,000, issued in
anticipation of the collection of special assessments in special assess-
ment districts designated in the resolution authorizing the bonds, for the
purpose of paying part of the cost of constructing certain public improve-
ments and is issued in accordance with the City Charter and with a duly
adopted resolution of the City Council of the City.
Bonds of this issue maturing in the years 1983 to 1992,
inclusive, are not subject to redemption prior to maturity. Bonds of
this issue maturing in the year 1993 and thereafter may be redeemed at
the option of the City, in direct numerical order, on any interest pay-
ment date on or after February 1, 1992 at par and accrued interest to the
date fixed for redemption.
The City has covenanted that on any interest payment date on
and after February 1, 1992, the City will call for redemption in direct
numerical order, at par plus accrued interest, bonds maturing in the
years 1993 to 1996 inclusive to the extent of available surplus in the
debt retirement fund for this issue.
Notice of redemption shall be given to the holders of Bonds to
be redeemed by publication of such notice not less than thirty (30) days
prior to the date fixed for redemption at least once in a newspaper or
publication circulated in the State of Michigan, which carries, as part
of its regular service, notices of sale of municipal bonds. No further
interest payable on Bonds called for redemption shall accrue after the
date fixed for redemption, whether presented for redemption or not,
20007
provided the City has money available for such redemption.
ibm This bond is payable out of special assessments to be collected
on special assessment rolls designated in the resolution authorizing the
bonds, or in the case of insufficiency of said special assessment
collections, as a first budget obligation, out of the general funds of the
City, including ad valorem taxes which the City may levy on all taxable
property within the City, within constitutional, statutory and charter
limitations. The liability of each special assessment district shall be
limited to payment of the amounts and interest thereon as set forth in the
bond authorizing resolution.
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 said City, including this bond, does not exceed
any constitutional, statutory or charter debt 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
by its Mayor and to be countersigned by its City Clerk and City Treasurer
and its corporate seal to be hereunto affixed, and has caused the annexed
interest coupons to be executed with the facsimile signatures of its Mayor
and City Treasurer, all as of the first day of November A. D., 1982.
CITY OF LIVONIA
By
Mayor
(SEAL)
Countersigned
City Clerk
City Treasurer
(Form of Coupon)
No. $
On the first day of , A.D., 19 , the CITY OF
LIVONIA, County of Wayne, State of Michigan, will pay to the bearer
hereof the sum shown hereon, at the principal office of
, being the interest due that date on its 1982
Special Assessment Limited Tax Bond dated November 1, 1982.
Mayor
City Treasurer
20008
8. The City Clerk shall make application to the Municipal
Finance Commission for an order granting permission for the issuance of said
bonds and approval of the form of notice of sale. Upon receipt of such
approval from the Municipal Finance Commission, the City Clerk shall fix a
date for sale of the bonds and cause notice of sale of the bonds to be
published in either The rlichigan Investor, Detroit, Michigan or the Daily
Bond Buyer, New York, New York and in The Observer - Eccentric, a newspaper
circulated in the City at least seven (7) full days before the date fixed
for sale of the bonds. The notice of sale shall be in substantially the
following form:
OFFICIAL NOTICE OF SALE
$695,000
CITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
1982 SPECIAL ASSESSMENT T,1 viITED TAX BONDS
SEALED BIDS for the purchase of the above bonds will be received by the
undersigned at the Clerk's office in the City Hall located at 33000 Civic
Center Drive, Livonia, Michigan 48154, on , the day of
1982, until o'clock .m. , Eastern
Time, at which time and place said bids will be publicly opened and read.
BOND DETAILS: Said bonds will be coupon bonds, of the denomination of
$5,000 each, dated November 1, 1982, numbered in direct order of maturity
from 1 upwards and will bear interest from their date payable on February
1, 1983, and annually thereafter.
Said bonds will mature on the 1st day of February as follows:
$ 45,000 1983;
75,000 1984, 1985 and 1986;
50,000 1987;
75,000 1988 and 1989;
50,000 1990 and 1991;
25,000 1992 to 1996; inclusive.
PRIOR REDEMPTION: Bonds of this issue maturing in the years 1983 to
1992 inclusive, are not subject to redemption prior to maturity. Bonds of
this issue maturing in the year 1993 and thereafter may be redeemed at the
option of the City, in inverse numerical order, on any interest payment
date on or after February 1, 1992 at par and accrued interest to the date
fixed for redemption.
The City has covenanted that on any interest payment date on and
after February 1, 1992, the City will call for redemption, in direct
numerical order, at par plus accrued interest, bonds maturing in the years
1993 to 1996, inclusive, to the extent of available surplus in the debt
retirement fund for the issue.
20009
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 and each coupon period shall be represent-
ed by one interest coupon. 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 100% of their par value will be considered.
PAYING AGENT: Both principal and interest shall be payable at a bank or
trust company located in Michigan qualified to act as paying agent under
State or United States law, to be designated by the original purchaser of
the bonds, who may also designate a co-paying agent, which may be located
outside of Michigan, qualified to act as paying agent under the law of the
State in which located or of the United States, both of which shall be
subject to approval of the undersigned.
PURPOSE AND SECURITY: The bonds are issued in anticipation of the collec-
tion of special assessments for public improvements in certain special
assessment district in said City, as set forth in the bond authorizing
resolution. The special assessments and interest thereon are sufficient to
pay the principal and interest on the bonds as when due. The liability of
each special assessment district is limited as set forth in the bond
authorizing resolution. The bonds will pledge the full faith and credit of
the City as additional security for payment of the principal and interest
thereon, and pursuant to such pledge, should funds primarily pledged be
insufficient for payment, the City is obligated to make such payment from
general funds, as a first budget obligation, or from any taxes which it may
levy within applicable constitutional, statutory or charter limitations.
The rights or remedies of bondholders may be affected by bankruptcy laws or
other creditor's rights legislation now existing or hereafter enacted.
(BOND INSURANCE: (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, 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. )
GOOD FAITH: A certified or cashier's check in the amount of $13,900,
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 , 19 , to their maturity and deducting therefrom
any premium.
20010
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 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, Chicago, Illinois, or New York, New York. 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 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 Federal Reserve Funds. Accrued interest to the date of
delivery of the bonds shall be paid by the purchaser at the time of
delivery.
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
numbers shall be paid for by the issuer except that the CUSIP Service
Bureau charge for the assignment of numbers shall be the responsibility of
and 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".
City Clerk
City of Livonia
APPROVED:
STATE OF MICHIGAN
MUNICIPAL FINANCE COMMISSION
20011
Imo9. 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: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Bennett, and unanimously
adopted, this 989th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 8:55 P. M., September 8, 1982.
ROBERT F. NASH, CITY CLERK