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Home My WebLink AboutCOUNCIL MINUTES 1977-05-02 SPECIAL 16346 MINUTES OF THE ONE HUNDRED SIXTY-SVT SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held. May 2, 1977, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and, was called to order by the President at approximately 7.32 P. M.. Roll was called with the following result: Present--Robert F. Nash, Peter A. Ventura, Jerry H. Brown, Jerry Raymond, Robert R. Bishop and. Robert E. McCann; Absent--Robert D. Bennett. Elected and appointed officials present. Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Robert Osborn, Director of Public Works; Jack Dodge, Director of Finance; G. E. Siemert, City Engineer; and Stratton Brown of Miller, Canfield, Paddock & Stone. The following preamble and, resolution were offered by Councilman Ventura and, supported. by Councilman Raymond. #449-77 WHEREAS, there exists in and for the City of Livonia, Wayne County, Michigan (the "City") an imperative need to acquire, construct and equip a moderate income senior citizen housing complex together with related site improvements and, all necessary attachments and appurtenances thereto, as hereinafter in the attached Full Faith and Credit General Obligation Contract of Lease (the "Contract") more particularly set forth, for the use of the City, and WHEREAS, preliminary plans and estimates of cost of said facili- ties have been prepared by Ralls-Hamill-Becker-Carne, Inc., Architects of Livonia, Michigan, which said plans and estimates of cost have been reviewed by this Council; and. WHEREAS, this Council has determined, and does hereby reaffirm, that it is necessary for the public health, safety and welfare of the City to acquire said facilities for the use of the City in accordance with said plans and estimates of costs; and WHEREAS, Act 31, PUblic Acts of Michigan, 1948 (First Extra Session), as amended, provides through the procedures of building author- ity financing a means for the acquisition, construction, equipping and financing of such facilities; and. WHEREAS, the City, in accordance with the provisions of said. Act 31, as amended, has previously adopted Articles of Incorporation and has established, the Municipal Building Authority of Livonia (the "Authority"), with full powers to acquire, construct and equip such facilities; and 16347 WHEREAS, this Council determines it to be in the best interest of the City to acquire, construct, equip and finance said facilities through the Authority in accordance with the provisions of said Act 31, as amend- ed; and WHEREAS, a Contract between the City and the Authority for the acquisition, construction, equipping and financing of said facilities and such matters as are deemed necessary thereto has been prepared. NOW, THEREFORE, BE IT RESOLVED THAT. 1. The City Council of the City hereby determines it to be necessary for the public health, safety and welfare of the City to acquire the moderate income senior citizen housing complex as set forth in the Contract attached to this resolution for the use of the City. 2. This Council deems it to be in the best interest of the City to finance the cost of such facilities through the Authority in accordance with the provisions of the aforesaid Act 31, as amended. 3. This Council hereby approves the preliminary plans and esti- mates of cost of said facilities as prepared by Ralls-Hamill-Becker-Carne, Inc. , Architects of Livonia, Michigan. 4. This Council hereby approves the Contract for the acquisition, construction, equipping and financing of said facilities, as hereto attached. 5. The Mayor and. City Clerk of the City are authorized to execute immediately and deliver to the Authority the Contract approved, by this resolution. 6. The City Council of the City does hereby ratify and confirm its covenant in the aforesaid. Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the full faith and credit general obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever. Any such taxes levied to pay the Cash Rental under said. Contract shall, if necessary, be without limitation as to rate or amount and in addition to any other taxes which the City may be authorized to levy. 7. All resolutions and parts of resolutions insofar as the same 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. Nash, Ventura, Brown, Raymond, Bishop and. McCann. NAYS: None. The following preamble and resolution were offered by Councilman yentura and supported by Councilman Nash. 16348 #450-77 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to authorize the issuance of special assessment bonds for the purpose of defraying Special Assessment Districts Nos. 165, 166, 167, 168 and 169 share of the cost in connection with certain storm sewer, landscaping, paving, sanitary sewer and water main improvements, respectively, in said districts, AND WHEREAS, notice of intent to issue bonds must be published at least forty-five (45) days before the issuance of the same in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended, NOW, THEREFORE, BE IT RESOLVED THAT 1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Livonia Observer-Eccentric, a newspaper of general circulation in the City of Livonia, as a display advertisement at least one-quarter page in size. 2. Said notice of intent so published shall be in substantially the following form OFFICIAL NOTICE TO ELECTORS AND TAXPAYERS OF THE CITY OF LIVONIA OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue special assess- ment bonds of the City, in total principal amount of not to exceed $2,120,000 for the purpose of defraying all of the cost of storm sewer improvements, landscaping improvements, sanitary sewer improve- ments and water main improvements in Special Assessment Districts Nos. 165, 166, 168 and 169, respectively and part of the cost of paving improvements in Special Assessment District No. 167. It is presently anticipated that said special assessment bonds.will mature serially from 1978 to 1987, inclusive in not to exceed ten (10) annual installments with interest payable on the unpaid balance at a rate of not to exceed 10% per annum, with the maximum amount of interest payable on the bonds not to exceed $2,120,000. The total capital cost of the projects to be acquired and constructed with the proceeds of the above bonds is presently esti- mated to be $2,264,350, of which approximately $144,900 will be defray- ed by the City from either funds on hand or from part of the proceeds of another bond issue. SOURCE OF PAYMENT OF BONDS THE PRINCIPAL AND INTEREST OF THE SPECIAL ASSESSMENT BONDS shall be payable primarily from collections of an equal amount of special assessments and the bonds shall also pledge the full faith and credit of the City of Livonia. 16349 IN CASE OF THE INSUFFICIENCY OF THE SPECIAL ASSESSMENTS, THE PRINCIPAL AND INTEREST ON SAID BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY, OR, IF NECESSARY, FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE PROk'EHTY IN THE CITY, WITHOUT LIMITATION AS TO RATE OR AMOUNT. RIGHT OF REFERENDUM THE BONDS will be issued without vote of the electors unless a PETITION requesting an election on the question of issuing the bonds, signed by not less than 10% of the REGISTERED ELECTORS in the City, or 15,000, WHICHEVER IS THE LESSER, if filed with the City Council by depositing the same with the City Clerk WITHIN FORTY-FIVE (45) DAYS after publication of this notice. If such a petition is filed, the bonds cannot be issued without an approving vote by a majority of electors voting on the question. THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended. FURTHER INFORMATION CONCERNING THE MATTERS SET OUT IN THIS NOTICE MAY BE SECURED FROM THE CITY CLERK"S OFFICE. City Clerk 3. The City Council does hereby determine that the foregoing form of notice of intent to issue bonds and the manner of publication directed is adequate notice to the electors and taxpayers of the City and is well calculated to inform them of the intention of the City to issue the bonds, the purpose of the bond issues, the security for the bonds, and the right of referendum of the electors with respect thereto under all of the circumstances, and that the provision of forty-five (45) days within which to file a referendum petition is necessary and adequate to insure that the City's electors may exercise their right of referendum with respect to the bonds. 4. All resolutions and parts of resolutions insofar as they con- flict 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- Nash, Ventura, Brown, Raymond and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, this 16Glth Special Meeting of the Council of the City of Livonia, was duly adjourned at 7.50 P. M., May 2, 1977. ADDISON W. La •N, 0 TY CLERK