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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-04-02 SPECIAL ,C372 72 L. MINUTES OF THE ONE HUNDRED TWENTY-THIR;, SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVQNIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, -,habove meeting was held April 2, 1969, at the City Hall, 33001 Five Mile Roar , Livonia, Michigan, and was called to order by the President of the Council at approx- imately 8 13 P. M. . Roll was called with the following result Present--Edward H Mchamara, Jerry Raymond, Robert E. McCann, Robert F. Nash, Edward G. Milligan and *Rudolf R. Kleinert. Absent--Peter A. Ventura. Elected and appointed officials present. Addison W. Bacon, City Clerk, H,�rry C. Tatigian, City Attorney, Robert A. Shaw, Director of Public Works, David L. Jones, Water and Sewer Commissioner, William J. Strasser, City Engineer, James Miller, LPersonnel Director, Donald Nicholson, Director of Public Safety, Victor C. Phillips , Budget Director, Thomas J. Griffiths, Jr., Chief Accountant, Henry Sieferd, City Assessor, Raymond R. Jonassen and Roy D. Puckett of the Civil Service Commission, ana k hn Stymelski of the Traffic Commission. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, .aas #37n-69 RESOLVED, that Resolution No. 130-69, adopted by the City Council at a Regular Meeting held on February 19, 1969, is hereby rescinded. The following preamble and resolution were offered by Councilman Nash and supported by Councilman McCann' #371-69 dHEREAS, Special Assessment Rolls, more particularly hereinafter described, for the construction of street and water improvements in the City of Livonia have been prepared, reviewed and confirmed by the City Council, and WHEREAS, the City Council deems it to the best interest to Lborrow and issue bonds in anticipation of the collection of a part .,f said special assessments NOW, THEREFORE, BE IT RESOLVED THAT 10373 1. The estimated period of usefulness of each of said public improvements is not less than twenty (?O) years. 2. Special Assessment Bonds to be issued in the amount of Eight Hundred Fifteen Thousand ($815,000.00) Dollars in anticipation of the collection of the future due and unpaid installments of special assess- ments on the special assessment rolls hereinafter in this Paragraph 2 set forth, the principal amount of special assessments for each roll pledged for the payment of said bonds to be as follows . Special Assessment Roll No. 26 - $ 75,990.00 Special Assessment Roll No. 27 - 13,550.00 Special Assessment Roll No. 28 - 1,950.00 Special Assessment Roll No. 29 - 118,340.00 Special Assessment Roll No. 30 - 700.00 Special Assessment Roll No. 31 - 7,390.00 Special Assessment Roll No. 32 - 10,380.00 Special Assessment Roll No. 42 - 32,730.00 Special Assessment Roll No. 53 - 37,840.00 Special Assessment Roll No. 55 - 9,050.00 Special Assessment Roll No. 58 - 212,910.00 Special Assessment Roll No. 59 - 100,680.00 Special Assessment Roll No. 60 - 193,490.00 In addition to the special assessments as aforesaid, the full faith, credit and resources of the City of Livonia shall be pledged for the prompt pay- ment of the principal and interest on said bonds as the same become due. Said bonds shall Lonsist of one hundred sixty-three (163) bonds of the denomination of $5,000.00 each, numbered consecutively in direct order of maturity from 1 upwards, dated June 1, 1969, and payable serially, without option of prior redemption, as follows $ 75,000.00 April 1st of each of the years 1970 and 1971, $100,000.00 April 1, 1972, $ 75,000.00 April 1, 1973, $100,000.00 April 1, 1974, $ 75,000.00 April 1, 1975, $100,000.00 April 1, 1976, $ 75,000.00 April 1st of each of the years 1977 and 1978, $ 40,000.00 April 1, 1979, 5,000.00 April 1st of each year from 1980 to 1984, inclusive. Said bonds shall be designated 1969 SPECIAL ASSESSMENT STREET BONDS. 3. Said bonds authorized by the provisions of this resolution shall bear interest at a rate or rates not exceeding five and eight-tenths per cent (5.80%) per annum, payable April 1, 1970, and semi-annually thereafter on October 1st and April 1st of each year. Both principal and interest on said bonds shall be payable at a bank or trust company qualified to act as paying agent designated by the purchaser of the bonds The liability of each special assessment district shall be limited to the principal amount set forth above 4nd interest thereon. 10374 4. Said bonds shall be signed in the name of the City by the Mayor 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. Said bonds, when executed, shall be delivered to the Treasurer and be delivered by him to the purchaser thereof upon payment of the purchase price thereof in accordance with the bid therefor, when accepted. 5. Said bonds and the attached coupons shall be in substantially the following form UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1969 SPECIAL ASSESSMENT STREET AND WATER BOND No. $5,00c OC KNOW ALL MEN BE THESE PRESENTS that the City of Livonia, County of Wayne, State of Michigan, acknowledges itself to owe and for value received hereby promises to pay to bearer hereof the sum of FIVE THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A.D., 19 , with interest thereon from the date hereof until paid at the rate of per cent ( °6) per annum, payable April 1, 1970, and sem-annually thereafter on the first day of October and April of each year, on presentation and surrender of the annexed interest coupons as they severally become due. Both principal and interest on this bond are payable at and for the prompt payment of this bond, both principal and interest, the full faith and credit of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of one hundred sixty-three (163) bonds of even date and like tenor, except as to date of maturity aggregating the principal sum of $815,000.00, issued in anticipation of the collection of special assessments in Special Assessment District Nos. 26, 27, 28, 29, 30, 31, 32, 42, 53, 55, 58, 59 and 60, for the purpose of constructing street and water improvements in said Districts, and is issued in accordance with the City Charter and with a resolution of the City Council of the City of Livonia duly adopted on April 2, 1969. This bond is not subject to prior redemption. 10375 This bond is payable out of special assessments to be collected or; special assessment rolls numbered 26, 27, 28, 29, 30, 31, 32, 42, 53,55, 58, 59 and 60, Provided, However, that the liability of each special assessment district shall be limited to payment of the amounts and interest thereon as set forth in the bonding resolution or in the case of the insufficiency of said special assessments, out of the general funds of the City, and 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 countersigned by its City Clerk and City Treasurer and the annexed interest coupons to be executed with the facsimile signatures of its Mayor and City Treasurer, all as of the first day of June, A.D., 1969. 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 bearer hereof the sum shown hereon at being the interest due that date on its 1969 Special Assessment Street and Water Bond, dated June 1, 1969, No. Mayor City Treasurer 6. 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, and upon receipt of such approval, the City Clerk shall cause notice of sale of said bonds to be published in the Bond Buyer, New York, New York, and The Livonian, a newspaper circulated in the City of Livonia, at least seven (7) full days before the date fixed for sale of the bonds, which notice of sale shall be in substantially the following form 10376 OFFICIAL NOTICE OF SALE CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN $815,000.00 1969 SPECIAL ASSESSMENT STREET AND WATER BONDS Sealed bids for the purchase of the above bonds will be received by the undersigned at his office in the City Hall in the City of Livonia, Michigan, until 7:00 o'clock p.m. , Eastern Standard Time, on the day of , 1969, at which time and place said bids will be publicly opened and read. Said bonds will mature serially, without option of prior redemp- tion as follows $ 75,000.00 April 1st of each of the years 1970 and 1971, $100,000.00 April 1, 1972, $ 75,000.00 April 1, 1973, $100,000.00 April 1, 1974, $ 75,000.00 April 1, 1975, $100,000.00 April 1, 1976, $ 75,000.00 April 1st of each of the years 19747 and 1978, $ 4o,000.00 April 1, 1979, $ 5,000.00 April 1st of each year from 1980 to 1984, inclusive. Interest on said bonds will be payable on April 1, 1970, and semi- annually thereafter on October 1st and April 1st of each year. Said bonds will be dated June 1, 1969, will be coupon bonds in the denomination of $5,000.00 each, will be numbered consecutively in direct order of maturity from 1 upwards, and will bear interest from their date at a rate or rates not exceeding five and eight-tenths per cent (5.80%) per annum, expressed in multiples of 1/8 or 1/20 of 1%, or both. The interest rate on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate and each coupon period shall be represented by one interest coupon. Both principal and interest will be payable at a bank or trust company to be designated by the purchaser of the bonds, and which paying agent qualifies as such under the statutes of the State of Michigan or of the Federal Government, and which paying agents are approved by the City Council. Accrued interest to the date of delivery of such bonds must be paid by the purchaser at the time of delivery. For the purpose of awarding the bonds the interest cost of each bid will be computed by determining, at the rate or rates specified therein, the total dollar value of all interest on the bonds from (here insert the first day of the month next following the date of receiving bids, or the date of the bonds, whichever is laterj to their maturity and deducting therefrom any premium. Ifie bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. No proposal for the purchase of less than all of the bonds herein offered, or at a price less than their par value, will be considered. 10377 Said bonds are issued in anticipation of the collection of special assessments on Special Assessment Rolls Nos. 26, 27, 28, 29, 30, 31, 32, 42, 53, 55, 58, 59 and 60. The liability of each of the Special Assess- ment Districts shall be limited in the manner provided in the bond- authorizing resolution. In addition to the foregoing, said bonds pledge the full faith and credit of the City of Livonia for their payment. A certified or cashier's check in the amount of $16,300.00, drawn upon an incorporated bank or trust company, payable to the order of the Treasurer of the City of Livonia, must accompany each bid as a guaranty of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds. No interest will 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. Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the bonds, which opinion will be furnished without expense to the purchaser of the bonds prior to the delivery thereof. The City shall furnish bonds ready for execution at its expense. Bonds will be delivered at Detroit, Michigan. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of said bonds, will be delivered at the time of delivery. The right is reserved to reject any or all bids. Envelopes containing the bids should be plainly marked "Proposal for Bonds." Clerk, City of Livonia APPROVED STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 7. 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 Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. The communication from Lyddall W. Bowles of the Civil Service Commission, dated March 28, 1969, with respect to the position of Personnel Director, was read by the City Clerk. 10378 *At 8 50 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting with the exception of Councilman Kleinert. By Councilman McCann, seconded by Councilman Nash, it was #372-69 RESOLVED, that the Council does hereby determine to concur in and approve of a resolution adopted by the Civil Service Commission on March 4, 1969 relative to the salary rates and benefits established for the position of Personnel Director, the new maximum salary rate effective December 1, 1968 (and retroactive thereto) to be in the amount of $16,452.80, further, all other adjustments and benefits recommended by the Civil Service Commission with respect to this classification (together with all other classifications referred to in the aforesaid action of the Civil Service Commission), as approved, established and set forth in the action taken by the City Council in its resolution #359-69 shall be applicable to and effective in the same manner set forth in Council Resolu- tion #359-69 as if herein fully set forth. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, McCann and Nash. NAYS: Milligan and McNamara. The President declared the resolution adopted. *Councilman Kleinert arrived at 9.15 P. M. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #373-69 RESOLVED, that the Council does hereby request the Civil Service Commission to study and recommend to the Council alternate methods of negotiating contracts with employee organizations so that the Council may review present practices and ascertain what method or methods would be in the City's best interests. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, this 123rd special meeting of the Council of the City of Livonia was duly adjourned at 9 25 P. M. . 4,40, ADDISON W. BACK' " Cit Clerk.