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Home My WebLink AboutCOUNCIL MINUTES 1969-12-17 11075 MINUTES OF THE ONE HUNDRED TWENTY-SIXTH 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 December 17, 1969, at the City Hall, 33001 Five Mile Road, Liv mia, Michigan, and was called to order by the President of the Council at approx- imately 8 25 P M. . Roll was called with the following result Present--Edward H. McNamara, Peter A. Ventura, Robert E McCann, Robert F Nash, and Edward G Milligan. Absent--Rudolf R. Kleinert and Jerry Raymond (Excused) Elected and appointed officials present Addison W. Bacon, City Clerk, Virginia G. Handzlik, Deputy City Clerk, Carl J Wagenschutz , City Treasurer, Harry C Tatigian, City Attorney, David L Jones, Water & Sewer Commissioner, Robert M. Fef;berg, Assistant City Attorney, Dan Andrew, Industrial Coordinator, Thomas J Griffiths, Jr. , Chief Accountant, Henry Sieferd, City Assessor, and the following Members of the Water & Sewer Commission Arthur L. Selke, Sauro Petrucci, Kenneth M McDonald, and Roland Kluth. By Councilman Nash, seconded by Councilman Milligan, it was #1401-69 RESOLVED, that having considered a communication dated November 10, 1969 and one dated December 17, 1969 from the Water & Sewer Commissioner, approved by the Director of Public Works and approved for submission by the Mayor, as well as a communication dated November 17, 1969 from the Water and Sewer Commissioner, regarding an increase in the sewage disposal rate as part of the Detroit Water Pollution Program, which new rate shall be in the amount of .85 per thousand cubic feet in lieu of the old rate which was in the amount of 47 per thousand cubic feet, the Council does hereby table this matter until such time as a member of the Wayne County Department of Public Works is present. ' A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Nash, Milligan NAYS: McCann, McNamara By Councilman Ventura, seconded by Councilman Milligan, it was #1402-69 WHEREAS, the City of Livonia, Michigan, (herein called the "Local Governing Body") acting by and through the Livonia Housing Commission (herein called the "Local Authority") , and the United States of America (herein called the "Government") as of the 10th day of May, 1967, entered into a certain Annual Contributions Contract to assist in the development of certain low-rent housing, identified therein as Project Noe. Mich 55-1,2, and 11076 WHEREAS, the Local Authority and the Government desire to modify the terms of said Annual Contributions Contract, LBE IT RESOLVED BY THE LOCAL AUTHORITY AS FOLLOWS Section 1. The Local Authority shall enter into an amendatory agreement with the Government, modifying the terms of the Annual Contributions Contract, and the President of the Housing Commission is hereby authorized and directed to execute such amendment in quadruplicate and the Clerk of the Local Governing Body is authorized and directed to impress and attest the official seal of the Local Governing Body on each such counterpart. The aforesaid amendatory agreement shall be in substantially the following form. CRO July 1966 Amendment No. 2 (Alternate) Contract No. C-597 AMENDATORY AGREEMENT WITH RESPECT TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT FOR PROJECTS NOS. MICH 55-1,2 WHEREAS, the City of Livonia, acting by and through the Livonia Housing Commission (herein called the "Local Authority") , a body corporate and politic organized and existing under the laws of the State of Michigan and the United States of America (herein sometimes called the "Government" and 'PHA") , pursuant to the United States Housing Act of 1937 (42 U.S.C. 1401, et sec . , which Act as amended to L the Date of This Contract is herein called the "ACt")and the Housing and Urban Development Act (PL 89-174) , entered into a certain agreement, dated May 10, 1967 (herein called the "Contract") providing for a loan and for annual contributions to be made by the PHA to the Local Authority to assist the Local Authority in the development and operation of certain low-rent housing projects; and WHEREAS, in order more fully to assure the accomplishment of the purposes of the Contract, and particularly of the United States housing Act of 1937, as amended, the PHA and the Local Authority now desire to modify and revise in various respects, and as so modified and revised, to continue the Contract without affecting the rights or obligations of either the Local Authority or the PHA thereunder, except as herein expressly provided, NOW, THEREFORE, in consideration of the premises, and of the mutual covenants and contracts in this agreement set forth, the PHA and the Local Authority do hereby agree that the Contract shall be and the same hereby is modified and re- vised by this agreement (herein called "Amendatory Agreement") , and as so modified and revised shall be and is hereby continued, and shall and hereby does henceforth constitute the Contract between the parties. Section I Sec. / is revised by adding the following (A) Statutory Maximum Estimated Estimated Development Cost Development Cost Initial Number of Total of Construction of Construction Loan LProject Dwelling Development and Equipment and Equipment Commit- No. Units Cost Per Room Per Room ment Mich 55-2 81 $1,258,501 $3,500 * $3,393 $126,000 *Designed Specifically for Elderly Occupancy (B) Project No. Governing Body of. Date of Agreement Mich 55-1,2 City of Livonia August 11, '65 amended 6-5-67 07 Such agreement or agreements collectively are herein called the "Coopera- tion Agreement" (C) The Local Authority shall start the construction of the Projects identified in this subsection, as follows Project No Date of Start of Construction Mich 55-2 December, 1969 Section II Sec 12 is revised by adding subsection (C) thereto to read as follows Sec. 12 (C) The Local Authority will acquire Project No. Mich 55-2 pursuant to a Contract of Sale to be entered into between the seller and the Local Authority. Prior to the execution of such Contract of Sale the Local Authority may issue a Letter of Intent to the seller to enter into such Contract. Such letter of Intent and such Contract shall bear the written approval of the Government. Failure of the Local Authority to expeditiously continue the undertaking of the Project or to comply with the Letter of Intent or Contract, or if the Letter of Intent or Contract is held to be void, voidable or ultra vires, or if the power or right of the Local Authority to issue the Letter of Intent or enter into the Contract of Sale is drawn into question in any legal proceeding, or if the Local Authority asserts or claims that the Letter of Intent or Contract is not binding upon the Local Authority for any such reason, the occurrence of any such event, if the seller is not in default, shall constitute a Substantial Default for the purpose of Article V hereof and, in such case, the Government will continue the undertaking of the Project and will take delivery of such right, title or interest in the Project as L the Local Authority may have and perform such Letter of Intent or Contract of Sale, as the case may be. The provisions of this paragraph are made with, and for the benefit of, the seller and his assignees who will have been specifically approved by the Government prior to such assignment. To enforce the performance of this pro- vision the seller and such assignees, as well as the Local Authority, shall have the right to proceed against the Government by action at law or suit in equity. In order to assist in financing the acquisition cost (herein called Development Cost) of the Project the Government, notwithstanding the provisions of Sec 410, shall lend to the Local Authority an amount equal to the Maximum Development Cost of the project Provided, that the Government shall not be obligated to make annual con- tributions with respect to the Project until the Local Authority has sold an issue of its Bonds to finance such cost. Section III. Sec. I (H) is revised to add the following. Project No. Minimum PHA Loan Int. Rate Maximum Contribution Percentage Mich 55-2 5-7/8 % 6.55 7. Section IV. Sec 1 (I) is revised by adding thereto HAA List No. 7907, approved December 1, 1969. The modifications made in the Contract by the execution of this Amendatory Agreement shall not be deemed to affect in any manner any proceedings taken, or any act or thing done, by the Local Authority, pursuant to the Provisions of the Contract prior to the date of this Amendatory Agreement, and all such proceed- ,L ings properly taken, and all such acts or things properly done, pursuant to and in compliance with the provisions of said Contract, shall be deemed to have been properly taken, done and performed under the Contract, as modified and revised by this Amendatory Agreement. 11078 IN WITNESS WHEREOF, the Local Authority and the Government have caused this Amendatory Agreement to be executed in their respective names and the Local tAuthority has caused its seal to be hereunto affixed and attested all as of this kr day of , 19 . CITY OF LIVONIA, ACTING BY AND THROUGH THE LIVONIA HOUSING COMMISSION BY President, Housing Commission SEAL ATTEST City Clerk UNITED STATES OF AMERICA Secretary of Housing and Urban Development by Assistant Regional Administrator for Housing Assistance A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, McCann, Nash, Milligan, McNamara NAYS. None By Councilman Ventura, seconded by Councilman Nash, it was #1403-69 RESOLVED, that this One Hundred Twenty-sixth Special Meeting is hereby adjourned. A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Nash, Milligan NAYS. McCann, McNamara The President declared the resolution adopted, and this One Hundred Twenty-sixth L Special Meeting is hereby adjourned at 9 05 P.M , December 17, 19. --111ragible—,....- ADD 'N . BACO , C ty C er