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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-09-24 SPECIAL 18095 MINUTES OF THE ONE HUNDRED AND SEVENTY-EIGHTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter 14 of the City Charter, the above meeting was held September 24, 1979, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 10:00 P. M.. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Gerald Taylor, Jerry Raymond, Robert D. Bennett, Robert R. Bishop and Peter A. Ventura. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert Osborn, Director of Public Works; Jack Dodge, Finance Director, James Inglis, Director-Secretary of Housing Commission; and Joan Duggan, Director of Community Resources. By Councilman Bennett, seconded by Councilman Ventura, it was #942-79 RESOLVED, that the Council does hereby determine to recess this Special Meeting to Wednesday, September 26, 1979, at 7:00 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Raymond, Bennett, Ventura and McCann. NAYS: Bishop. The President declared the notion adopted, and this 178th Special Meeting of the Council is recessed to Wednesday, September 26, 1979 at 7:00 P. M. The recessed Special Meeting was called to order at 7:00 P. M., with all members of the Council present who were named as present at the original roll call of this meeting. By Councilman Bishop, seconded by Councilman Nash, it was WHEREAS, the Livonia Housing Commission (the "Commission") proposed to act as the parent entity, for purposes of 24 C.F.R. Part 811, of the Livonia Housing Development Corporation, a Michigan non-profit corporation (the "Corporation") to be formed under and pursuant to the laws of the State of Michigan; and 18096 WHEREAS, the Corporation proposed to issue interim and permanent obligations for purposes of financing a low-income housing project to be constructed within the City of Livonia, Michigan and known as HUD Project No. MI 28-0013-043 (the "Project"); and WHEREAS, in connection with the financing of the Project, the Commission proposes to enter into an Annual Contributions Contract ("ACC") with the United States of America, acting by and through the Department of Housing and Urban Development ("HUD") and a certain Agreement To Enter Into Housing Assistance Payments Contract ("HAP Agreement") with Laurel Park Elderly Housing I Limited Dividend Housing Association ("Owner"), and upon completion of the Project, the Housing Assistance Payments Contract ("HAP Contract") referred to in the HAP Agreement; and WHEREAS, this City Council desires to give such approvals and authorizations as are necessary under state law or HUD regulations with respect to the Project; NOW,THEREFORE BE IT RESOLVED, by the City Council of the City of Livonia, Michigan, a lawful quorum of which is assembled, as follows: (1) That the Commission is hereby authorized and directed to act as the agent of the City of Livonia, Michigan in all matters relating to the Project pursuant to Section 8 of the United States Housing Act of 1937, as amended; (2) That the Commission is hereby authorized and directed to approve the creation of the Corporation as an instrumentality of the Commission, which Corporation will issue its obligations to provide interim and permanent financing for the project, such obligations to be tax-exempt pursuant to Section 11(b) of the United States Housing Act of 1937, as amended, subject to approval of the City Attorney of the City or counsel designated by him; and (3) That the appropriate officers and commissioners of the Commission are each hereby authorized and directed to take all necessary actions and to execute any instruments relating to the Project which are required under Michigan statutes or HUD regulations to be executed by the Commission in the name of the City in connection with Section 8 of the United States Housing Act of 1937, as amended, including, but not limited to, the ACC, the HAP Agreement and the HAP Contract, the form of which agreements have been presented to this City Council and are hereby approved, with such changes as may be approved by the officer or officers of the Commission who shall execute such agreements, their execution to constitute conclusive approval of all such changes, subject to approval of all such actions and instruments, by the City Attorney of the City or counsel designated by him. (4) That the appropriate officers and commissioners of the Commission are each hereby authorized and directed to take all necessary actions pursuant to and to execute the Management Agreement in the form which has been presented to this City Council and which is hereby approved, with such changes as may be approved by the officer or officers of the Commission who shall execute such Management Agreement, their execution to constitute conclusive approval of all such changes, subject to approval of all such actions by the City Attorney of the City or counsel designated by him. 18097 (5) The Commission shall, for and on behalf of the City, prior to approving any matters that it is authorized to approve by this resolution, by agreement with the sponsor of the Project or otherwise, make certain that the City and the Commission are fully protected from any and all liability that may result from the acquisi- tion, construction, ownership or operation of the Project or from the authorization, sale or delivery of any bonds, notes or other instru- ments to finance the Project and that adequate remedies to enforce the rights and claims of the Cityrwith eespect to the Project or the financing thereof are provided, all in form and substance to be approved by the City Attorney of the City or some other counsel designated by him. (6) By Adoption of this resolution the City assumes no obligation or liability to the developer or to anyone else for any loss or damage that may result from the adoption of this resolution and all costs of the City in connection with issuance of the bonds or any other financing instruments and of acquisition, financing, and ownership or operation of the Project shall be paid from the proceeds of the bonds to be issued or by the developer and the Commission shall obtain an agreement to this effect from the developer. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the foregoing resolution be amended so as to delete therefrom Paragraph 4. A roll call vote was4taken on the motion to amend with the following result: AYES: Taylor, Bishop, Raymond, Bennett, Nash, Ventura and McCann. NAYS: None. A roll call vote was taken on the resolution, as amended, as follows: #943-79 WHEREAS, the Livonia Housing Commission (the "Commission") proposece to act as the parent entity, for purposes of 24 C.F.R. Part 811, of the Livonia Housing Development Corporation, a Michigan non- profit corporation (the "Corporation") to be formed under and pursuant to the laws of the State of Michigan; and WHEREAS, the Corporation proposes to issue interim and permanent obligations for purposes of financing a low-income housing project to be constructed within the City of Livonia, Michigan and known as HUD Project No. MI 28-0013-043 (the "Project"); and WHEREAS, in connection with the financing of the Project, the Commission proposes to enter into an Annual Contributions Contract ("ACC") with the United States of America, acting by and through the Department of Housing and Urban Development ("HUD") and a certain Agreement To Enter Into Housing Assistance Payments Contract ("HAP Agreement") with Laurel Park Elderly Housing I Limited Dividend Housing Association ("Owner"), and upon completion of the Project, the Housing Assistance Payments Contract ("HAP Contract") referred to in the HAP Agreement; and 18098 WHEREAS, this City Council desires to give such approvals and authorizations as are necessary under state law or HUD regulations with respect to the Project; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livonia, Michigan, a lawful quorum of which is assembled, as follows: (1) That the Commission is hereby authorized and directed to act as the agent of the City of Livonia, Michigan in all matters relating to the Project pursuant to Section 8 of the United States Housing Act of 1937, as amended; (2) That the Commission is hereby authorized and directed to approve the creation of the Corporation as an instrumentality of the Commission, which Corporation will issue its obligations to provide interim and permanent financing for the Project, such obligations to be tax-exempt pursimrt to Section 11(b) of the United States Housing Act of 1937, a4 amended, subject to approval of the City Attorney of the City or counsel designated by him; and (3) That the appropriate officers and commissioners of the Commission are each hereby authorized and directed to take all necessary actions and to execute any instruments relating to the Project which are required under Michigan statutes, or HUD regulations to be executed by the Commission in the name of the City in connection with Section 8 of the United States Housing Act of 1937, as amended, including, but not limited to, the ACC, the HAP Agreement and the HAP Contract, the form of which agreements have been presented to this City Council and are hereby approved, with such changes as may be approved by the officer or officers of the Commission who shall execute such agreements, their execution to constitute conclusive approval of all such changes, subject to approval of all such actions and instruments, by the City Attorney of the City or counsel designated by him. (4) The Commission shall, for and on behalf of the City, prior to approving any matters that it is authorized to approve by this resolu- tion, by agreement with the sponsor of the Project or otherwise, make certain that the City and the Commission are fully protected from any and all liability that may result from the acquisition, construction, owner- ship or operation of the Project or from the authorization, sale z or delivery of any bonds, notes or other instruments to finance the Project and that adequate remedies to enforce the rights and claims of the City with respect to the Project or the financing thereof are provided, all in form and substance to be approved by the City Attorney of the City or some other counsel designated by him. (5) By adoption of this resolution the City assumes no obliga- tion or liability to the developer or to anyone else for any loss or damage that mgy result from the adoption of this resolution and all costs of the City in connection with issuance of the bonds or any other financ- ing instruments and of acquisition, financing, ownership or operation of the Project shall be paid from the proceeds of the bonds to be issued or by the developer and the Commission shall obtain an agreement to this effect from the developer. 18099 Lwith the following result: AYES: Taylor, Bishop, Raymond, Bennett, Nash, Ventura and McCann. NAYS: None. The President declared the motion, as amended, adopted. By Councilman Nash, seconded by Councilman Bennett, it was #944-79 RESOLVED, that having considered a communication from the Mayor, dated September 21, 1979, to which is attached a copy of a letter from the Director of the Wayne County Office on Aging, dated September 19, 1979, which sets forth the following proposed format pursuant to which the Wayne County Office on Aging and the City of Livonia would cooperate in providing senior citizens in the City of Livonia with a nutritionally sound meals program: 1. The Out-Wayne County Nutrition Program will reimburse the City of Livonia at an estimated cost of $1.6075, per meal, to a maximum of 52,250 meals for the contract year commencing October 1, 1979, and ending September 30, 1980. In arriving at this figure the following items should be included: a. Reimbursement at the estimated catered price of $1.38 per meal. b. The U.S.D.A. Commodity Funds estimated at $ .4475 per meal, when available. c. Start up funds at $ .08 per meal for the first contract year. d. The estimated price of $1.6075, per meal, will include personnel costs for staff at the various program sites. e. It is our expectation that the sites will yield a program income equal to $ .70 per meal. However, in the event that this amount is not realized, the appropriate difference will be deducted from the monthly reimbursement total of $1.6075 per meal. 2. All meals will be prepared in accordance with the appropriate Federal Regulations governing community nutrition programs and subject to approval and review by the WCOA. Menus will be prepared on a monthly cycle by the Food Service Supervisor so that these may be approved by the WCOA and the OSA. 3. The City of Livonia will maintain supervision over all sites, site managers, aides, kitchen personnel, etc., and will provide WCOA with all reports, financial and programmatic on the appropriate monthly dates to be specified by WCOA. 18100 4. The City of Livonia will be responsible for the implementation of the terms of the Agreement and will hold harmless the Out-Wayne County Nutrition Program for any liability, referencing the delivery and preparation of meals. All information requested by WCOA to evaluate the Livonia Food Program will be made available upon request of WCOA. All reports required by WCOA will be provided by the City of Livonia. WCOA reserves the right to inspect any phase of the program to determine that the City pf Livonia is operating the program in accord- ance with proper practices. The Council does hereby determine to approve and authorize the said program in the manner and form set forth above; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Director, Wayne County Office on Aging, Suite 2308, David Stott Building, 1150 Griswold Avenue, Detroit, Michigan 48226. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Bishop, Raymond, Bennett, Nash, Ventura and McCann. NAYS: None. On motion ofCouncilman Bennett, seconded by Councilman Raymond, and unanimously adopted, this 178th Special Meeting of the Council of the City of Livonia was duly adjourned at 8:25 P. M., September 26, 1979. ADDISON W. BeC%�,) iiy erk.