HomeMy WebLinkAbout2020-05-11
REV. 5-26-20
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND NINETY-SIXTH
REGULAR MEETING OF MAY 11, 2020
On May 11, 2020, the above meeting was held via Zoom remote meeting
technology and was called to order by President Kathleen McIntyre at 7:00 p.m.
Councilmember Rob Donovic led the meeting in the Pledge of Allegiance.
Roll was called with the following result: Rob Donovic, Jim Jolly, Laura Toy,
Scott Bahr, Cathy White, Brandon McCullough, and President Kathleen
McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of Planning
and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City
Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Sara Kasprowicz,
Secretary II; and Mayor Maureen Miller Brosnan.
On a motion by White, supported by Jolly, and unanimously
adopted, it was:
th
#125-20 RESOLVED, that the minutes of the 1,895 Regular
Meeting of Council held April 27, 2020 are approved as presented.
Councilmember Toy indicated Debra Morgan, lifelong resident of Livonia,
recently passed away from the Covid-19 virus and offered condolences to the
Morgan family.
Councilmember Donovic indicated the Blue Angels will be performing a flyover
to honor the front line workers in the Southeast Michigan area on Tuesday, May
th
12. Donovic also indicated the Air National Guard has scheduled a flyover from
the Selfridge Air Force Base later this week for the community’s front line
workers.
Vice President Bahr wished his daughter, Kelsey, a Happy Birthday. Vice
President Bahr also wished his wife, Jamie, a Happy Birthday.
Councilmember Toy extended Happy Belated Birthday wishes to Mayor Maureen
Miller Brosnan.
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Minutes of the May 11, 2020 Regular Meeting
President McIntyre extended belated Happy Birthday wishes to Vice President
th
Bahr and indicated he recently celebrated his 40 birthday.
Councilmember Jolly announced there was one retirement in April, Scott
Morgan, who retired from the Police Department after many years of service to
the City and wished him well in his retirement.
President McIntyre announced four (4) Public hearings scheduled for Monday,
June 1, 2020, at 7:00 p.m., on the following items:
1. Paul F. Bohn, Fausone Bohn, LLP, Attorneys at Law, on behalf of Livonia
Hotel Group, LLC, requesting approval of a Commercial Rehabilitation
Exemption Certificate for the property located at 19625 Victor Parkway,
Livonia, MI 48152, to facilitate the redevelopment of this property. (Tax ID
No. 024 99 003 009) (Commercial Rehabilitation District #5)
2. Kris Morris, Oakland Industries, is requesting approval of an Industrial
Facilities Exemption Certificate for a facility which will be primarily used as
an office and warehouse location for Oakland Automation and Autotac,
subsidiaries of Oakland Industries, located at 13107 Newburgh Rd Livonia,
MI 48150. (Industrial Development Overlay District #110)
3. Proposed Special Assessment Street Lighting Project for the Capri Court
Site Condominiums, located West Farmington Road, South of Eight Mile
Road, in the Northeast ¼ of Section 4. Establishment of the Assessment
Roll.
4. Proposed Special Assessment Street Lighting Project for the Dover Court
Site Condominiums, located south of Ann Arbor Trail, between Wayne Road
and Norwich, in the Southwest ¼ of Section 33. Establishment of the
Assessment Roll.
Mayor Brosnan thanked Council and the community for their adherence to the
Governor’s Stay Home-Stay Safe Executive Order. Mayor Brosnan presented
an informative update and report on how the City is implementing measures and
responding to the Covid-19 pandemic. Mayor Brosnan discussed the financial
impacts of being the second hardest hit City in the State of Michigan, expressing
the City will work hard to get its’ fair share of federal, state and county funding
for recovery efforts. Mayor Brosnan discussed the actions Livonia has taken to
help offset the financial losses and the future actions being discussed for
implementation when the City begins to reopen upon the expiration of the
Governor’s Executive Order.
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Minutes of the May 11, 2020 Regular Meeting
Susan Nash, City Clerk, indicated applications for absentee ballots are
scheduled to be mailed out the end of May for the August Primary. Clerk Nash
encouraged anyone interested in becoming part of the City’s permanent mailing
list to receive an absentee ballot application to contact the Clerk’s Office.
There was no Audience Communication at the beginning of the meeting.
On a motion by Jolly, supported by McCullough, it was:
#126-20 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated April 17,
2020, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, in connection with the renewal of the contract
between the City of Livonia and ESRI, Inc. for the City’s Geographic
Information System (GIS), the Council does hereby approve a renewal of
the contract between the City of Livonia and Esri Inc., 380 New York
Street, Redlands, California 92373, to provide software maintenance for
the City of Livonia’s Geographic Information System (GIS), for a one year
period from July 17, 2020 to July 16, 2021, for an amount not to exceed
$21,000.00, the same to be expended from funds already budgeted in
Account No. 101-915-851-020 (Computer Software Maintenance) for this
purpose; FURTHER, the Council does hereby authorize the action herein
without competitive bidding in accordance with the provisions set forth in
Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, for
the reason that ESRI, Inc. is a sole source supplier and no advantage
would result from requiring competitive bidding.
#127-20 RESOLVED, that having considered the report and
recommendation of the Superintendent, Department of Parks and
Recreation, dated April 8, 2020, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the Council does
hereby accept the bid of Allied Building Service Company of Detroit, Inc.,
1801 Howard Street, Detroit, MI 48216, for performing all work required in
connection with the Fox Creek Golf Course Restaurant drop ceiling
replacement, for an amount not to exceed $45,814.00, to include
installation of the ceiling grid, tile, electrical, reinstallation of speakers,
smoke detectors, bar lighting and permits, the same having been in fact
the lowest bid received which meets all specifications; FURTHER, the
Council does hereby authorize an additional appropriation and
expenditure in an amount not to exceed $45,814.00 from funds budgeted
in the Capital Projects Fund (401) for this purpose; and the Mayor and
City Clerk are hereby authorized, for and on behalf of the City of Livonia,
to execute a contract, approved as to form and substance by the
Department of Law, with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution.
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#128-20 RESOLVED, that having considered a communication from
the Director of Public Works, dated April 17, 2020, submitted pursuant to
Council Resolution No. 97-15, adopted on April 20, 2015, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, to which is attached a communication from Paul M. Patterson, Vice
President, HydroCorp Services, dated April 10, 2020, the Council does
hereby approve a one-year extension of the existing contract with
Hydrocorp Services, 5700 Crooks Road, Suite 100, Troy, Michigan 48098,
for an amount not to exceed $63,270.00, for providing “Cross Connection
Control” Program for the City of Livonia to protect the public drinking water
supply from contamination for the period May 1, 2020 through April 30,
2021; FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $63,270.00 from funds budgeted in Account No.
592-559-818-000 (Water and Sewer Contractual Services) for this
purpose; FURTHER, the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to execute an agreement, approved
as to form and substance by the Department of Law, with the aforesaid
company and to do all other things necessary or incidental to the full
performance of this resolution; FURTHER, HydroCorp is a sole source
provider for a project of this magnitude, and such action is taken in
accordance with Section 3.04.140D3 of the Livonia Code of Ordinances,
as amended.
#129-20 RESOLVED, that having considered a communication from
the City Engineer, dated April 17, 2020, which bears the signature of the
Director of Finance, is reviewed as to form by the City Attorney, is
approved by the Director of Public Works, and approved for submission
by the Mayor, to which is attached a letter from OHM Advisors, dated April
16, 2020, enclosing a proposed Resolution to Tentatively Award a
Construction Contract for Water System Improvements, funded through
the State of Michigan’s Drinking Water Revolving Loan Fund (DWRF)
program, and recommending awarding the contract to the low bidder, the
Council does hereby tentatively accept the bid of D & D Water & Sewer,
Inc., 5700 S. Sheldon, Canton, MI 48188, for performing all work required
in connection with the Water Main Improvements related to DWRF Project
No. 7452-01, Project Areas 1 and 3, located at 6 Mile and Middlebelt
Roads and Bonaparte Gardens north of Joy Road between Henry Ruff
and Middlebelt Roads, for a total amount not to exceed $4,136,851.55,
contingent upon successful financial arrangements with the DWRF, with
Inspector Day costs to be included in the Construction Engineering (CE)
costs, to be approved by City Council, based upon the Engineering
Division’s estimate of units involved and subject to the final payment
based on the actual units completed in accordance with the unit prices
accepted herein, said amount and unit prices having been in fact the
lowest bid received and meets all specifications; FURTHER, the Council
does hereby tentatively authorize an appropriation and expenditure in an
amount not to exceed $4,136,851.55 from funds in the Unexpended Fund
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Balance of the Water and Sewer Fund (592) for this purpose, said amount
to be reimbursed from the proceeds of the 2020 Drinking Water Revolving
Fund Revenue Bonds; and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary but this
authorization does not entitle the City Engineer to authorize any increase
in the not to exceed amount or to contract with other parties; and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to execute the certified Resolution to Tentatively Award a
Construction Contract for Water System Improvements, enclosed with the
above-referenced communication, for and on behalf of the City of Livonia
with the aforesaid bidder and to do all other things necessary or incidental
to the full performance of this resolution.
#130-20 RESOLVED, that having considered a communication from
the City Engineer, dated April 17, 2020, which bears the signature of the
Director of Finance, is reviewed as to form by the City Attorney, is
approved by the Director of Public Works, and approved for submission
by the Mayor, to which is attached a letter from OHM Advisors, dated April
16, 2020, the Council does hereby accept the bid of D & D Water & Sewer,
Inc., 5700 S. Sheldon, Canton, MI 48188, for performing all work required
in connection with the Water Main Improvements related to DWRF Project
No. 7452-01, Project Areas 1 and 3, Located at 6 Mile and Middlebelt
Roads and Bonaparte Gardens north of Joy Road between Henry Ruff
and Middlebelt Roads, for a total amount not to exceed $4,136,851.55,
with Inspector Day costs to be included in the Construction Engineering
(CE) costs, to be approved by City Council, based upon the Engineering
Division’s estimate of units involved and subject to the final payment
based on the actual units completed in accordance with the unit prices
accepted herein, said amount and unit prices having been in fact the
lowest bid received and meets all specifications; FURTHER, the Council
does hereby authorize an appropriation and expenditure in an amount not
to exceed $4,136,851.55 from funds in the Unexpended Fund Balance of
the Water and Sewer Fund (592) for this purpose, said amount to be
reimbursed from the proceeds of the 2020 Drinking Water Revolving Fund
Revenue Bonds; and the City Engineer is hereby authorized to approve
minor adjustments in the work as it becomes necessary but this
authorization does not entitle the City Engineer to authorize any increase
in the not to exceed amount or to contract with other parties; and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to execute a contract, approved as to form and substance by
the Department of Law, with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution.
#131-20 RESOLVED, that having considered a communication from
the City Engineer, dated April 17, 2020, which bears the signature of the
Director of Finance, is reviewed as to form by the City Attorney, is
approved by the Director of Public Works, and approved for submission
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Minutes of the May 11, 2020 Regular Meeting
by the Mayor, to which is attached a letter from OHM Advisors, dated April
16, 2020, enclosing a proposed Resolution to Tentatively Award a
Construction Contract for Water System Improvements, funded through
the State of Michigan’s Drinking Water Revolving Loan Fund (DWRF)
program, and recommending awarding the contract to the low bidder, the
Council does hereby tentatively accept the bid of D & D Water & Sewer,
Inc., 5700 S. Sheldon, Canton, MI 48188, for performing all work required
in connection with the Water Main Improvements related to DWRF Project
No. 7452-01, Project Area 2, located in Section 35, Devonshire Park
Subdivision, south of Plymouth Road, east of Merriman Road, extending
to Henry Ruff Road and south to West Chicago, for a total amount not to
exceed $3,298,157.70, contingent upon successful financial arrange-
ments with the DWRF, with Inspector Day costs to be included in the
Construction Engineering (CE) costs, to be approved by City Council,
based upon the Engineering Division’s estimate of units involved and
subject to the final payment based on the actual units completed in
accordance with the unit prices accepted herein, said amount and unit
prices having been in fact the lowest bid received and meets all
specifications; FURTHER, the Council does hereby tentatively authorize
an appropriation and expenditure in an amount not to exceed
$3,298,157.70 from funds in the Unexpended Fund Balance of the Water
and Sewer Fund (592) for this purpose, said amount to be reimbursed
from the proceeds of the 2020 Drinking Water Revolving Fund Revenue
Bonds; and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary but this authorization
does not entitle the City Engineer to authorize any increase in the not to
exceed amount or to contract with other parties; and the Mayor and City
Clerk are hereby authorized to execute the certified Resolution to
Tentatively Award a Construction Contract for Water System
Improvements, enclosed with the above-referenced communication, for
and on behalf of the City of Livonia with the aforesaid bidder and to do all
other things necessary or incidental to the full performance of this
resolution.
#132-20 RESOLVED, that having considered a communication from
the City Engineer, dated April 17, 2020, which bears the signature of the
Director of Finance, is reviewed as to form by the City Attorney, is
approved by the Director of Public Works, and approved for submission
by the Mayor, to which is attached a letter from OHM Advisors, dated April
16, 2020, the Council does hereby accept the bid of D & D Water & Sewer,
Inc., 5700 S. Sheldon, Canton, MI 48188, for performing all work required
in connection with the Water Main Improvements related to DWRF Project
No. 7452-01, Project Area 2, located in Section 35, Devonshire Park
Subdivision, south of Plymouth Road, east of Merriman Road, extending
to Henry Ruff Road and south to West Chicago, for a total amount not to
exceed $3,298,157.70, with Inspector Day costs to be included in the
Construction Engineering (CE) costs, to be approved by City Council,
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based upon the Engineering Division’s estimate of units involved and
subject to the final payment based on the actual units completed in
accordance with the unit prices accepted herein, said amount and unit
prices having been in fact the lowest bid received and meets all
specifications; FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $3,298,157.70
from funds in the Unexpended Fund Balance of the Water and Sewer
Fund (592) for this purpose, said amount to be reimbursed from the
proceeds of the 2020 Drinking Water Revolving Fund Revenue Bonds;
and the City Engineer is hereby authorized to approve minor adjustments
in the work as it becomes necessary but this authorization does not entitle
the City Engineer to authorize any increase in the not to exceed amount
or to contract with other parties; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute a contract,
approved as to form and substance by the Department of Law, with the
aforesaid bidder, and to do all other things necessary or incidental to the
full performance of this resolution.
#133-20 RESOLVED, that having considered a communication from
the City Engineer, dated April 17, 2020, submitted pursuant to Council
Resolution Nos. 389-19 and 365-16, which bears the signature of the
Director of Finance, is approved by the Director of Public Works, is
approved as to form by the City Attorney, and approved for submission by
the Mayor, to which is attached a communication from OHM Advisors,
dated April 16, 2020, enclosing a proposed amendment to the
Qualification-Based Selection (QBS) contract between the City of Livonia
and OHM Advisors, pursuant to Council Resolution 365-16, adopted on
September 19, 2016, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the attached
contract amendment between the City of Livonia and OHM Advisors,
34000 Plymouth Road, Livonia, Michigan 48150, to provide construction
engineering services associated with the 2020 Drinking Water Revolving
Fund (DWRF) Project No. 7452-01, Project Areas 1, 2 and 3, in an amount
not to exceed $594,800.00, based on the actual bids, including testing and
contract administration; FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $594,800.00
from the Unexpended Fund Balance of the Water and Sewer Fund (592)
for this purpose, said amount to be reimbursed from the proceeds of the
2020 Drinking Water Revolving Fund Revenue Bonds; and the City
Engineer is hereby authorized to approve minor adjustments in the work
as it becomes necessary but this authorization does not entitle the City
Engineer to authorize any increase in the not to exceed amount or to
contract with other parties.
#134-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 15, 2020, submitted pursuant
to Council Resolution No. 319-19, adopted September 23, 2019, which
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Minutes of the May 11, 2020 Regular Meeting
transmits its resolution #04-19-2020, adopted on April 14, 2020, with
regard to Petition 2020-02-03-01, submitted by Zeimet Wozniak &
Associates, on behalf of Schoolcraft College, to determine whether or not
to vacate a section of the existing water main easement within the
Schoolcraft College campus, located on the east side of Haggerty Road
between Six Mile and Seven Mile Roads (18600 Haggerty Road and
17950 College Parkway) in the Northwest ¼ and Southwest ¼ of Section
7, the Council does hereby concur in the recommendation of the City
Planning Commission and does grant and approve the said Petition 2020-
02-03-01, and the Department of Law is hereby requested to prepare the
necessary vacating ordinance in accordance with this resolution.
#135-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 15, 2020, submitted pursuant
to Council Resolution No. 62-20, adopted February 24, 2020, which
transmits its resolution #04-20-2020, adopted on April 14, 2020, with
regard to Petition 2020-02-03-02, submitted by Woodhaven Retirement
Community, to determine whether or not to vacate a section of the existing
water main easement located on the south side of Wentworth Avenue,
west of Middlebelt Road (29667 Wentworth Avenue) in the Southeast ¼
of Section 14, the Council does hereby concur in the recommendation of
the City Planning Commission and does grant and approve the said
Petition 2020-02-03-02, and the Department of Law is hereby requested
to prepare the necessary vacating ordinance in accordance with this
resolution.
#136-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 15, 2020, which transmits its
resolution #04-21-2020, adopted on April 14, 2020, with regard to Petition
2020-02-08-01, submitted by Ventura & Associates, on behalf of Western
Wayne Physicians, to construct an addition and remodel the front
entrance of the existing building located on the east side of Levan Road
between Lyndon Avenue and Five Mile Road (15160 Levan Road) in the
Northeast ¼ of Section 20, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2020-02-08-01
is hereby approved and granted, subject to the following conditions:
1. The Site Plan identified as Sheet Number A1 dated February 5,
2020 prepared by Ventura & Associates Architects, is hereby
approved and shall be adhered to.
2. All parking spaces, except the required barrier free parking, shall
be striped at ten feet (10’) wide by twenty feet (20’) in length as
required, and the number and location of the barrier free parking
space(s) shall be provided at the direction of the Inspection
Department.
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3. The Landscape Plan identified as Sheet No. L-1 dated February 3,
2020, as revised, prepared by Conroy and Associates, is hereby
approved and shall be adhered to.
4. All disturbed lawn areas shall be sodded in lieu of hydroseeding.
5. Underground sprinklers are to be provided for all landscaped and
sodded areas including the rights-of-way, and all planted materials
shall be installed to the satisfaction of the Inspection Department
and thereafter permanently maintained in a healthy condition.
6. The Exterior Building Elevation Plan identified as Sheet Number
A3 dated February 5, 2020 prepared by Ventura & Associates
Architects, is hereby approved and shall be adhered to.
7. The Updated Rendering identified as Sheet Number T1.1 dated
April 9, 2020 prepared by Ventura & Associates Architects is
hereby approved and shall be adhered to.
8. That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building.
9. Any new light fixtures shall not exceed a height of twenty feet (20’)
from grade at the base of the light and shall be aimed and shielded
to minimize stray light trespassing across property lines or on
adjacent roadways.
10. That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement those of the
building. The enclosure gates shall be of solid panel steel
construction or durable, long-lasting solid panel fiberglass. The
trash dumpster area shall be maintained and when not in use
closed at all times.
11. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals.
12. The specific plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for.
13. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of one year only from the date of approval by City Council, and
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unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Donovic, Jolly, Toy, Bahr, White, McCullough and McIntyre
NAYS: None
The President declared the resolutions adopted.
White took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 36 OF THE ZONING
MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING
SECTION 3. _____ THERETO. (Petition 2019-12-01-07)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Donovic, Jolly, Toy, Bahr, White, McCullough and McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Toy, supported by Bahr, and unanimously adopted, it was:
#137-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 15, 2020, approved for
submission by the Mayor, which transmits its resolution #04-18-2020,
adopted on April 14, 2020, with regard to Petition 2020-03-02-02
submitted by Unleashed Pet Care Real Estate L.L.C., to operate a
veterinary clinic on the east side of Middlebelt Road between Joy Road
and West Chicago Avenue (9300 Middlebelt Road) in the Southwest ¼ of
Section 36, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2020-03-02-02 is hereby
approved and granted, subject to the following conditions:
1. That the site plan submitted by Unleashed Pet Care, is hereby
approved and shall be adhered to.
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2. That the parking lot shall be repaired, resealed and restriped as
necessary to the satisfaction of the Inspection Department.
Parking spaces shall be doubled striped at ten feet (10’) wide by
twenty feet (20’) in length.
3. That all light fixtures shall not exceed twenty feet (20’) in height and
shall be shielded to minimize glare trespassing on adjacent
properties and roadways.
4. That the operation of the subject use shall not include the overnight
boarding or care of animals.
5. That all animal remains, medical and animal waste shall be
properly disposed of.
6. That adequate soundproofing shall be installed to the extent
necessary to insure the elimination of all noise from the building.
7. That the use of open or outdoor runways, kennels or pens are
prohibited.
8. That the three walls of the trash dumpster area shall be constructed
out of decorative masonry units or a poured wall with textures and
colors to match that of the building. The enclosure gates shall be
of solid panel steel construction or durable, long-lasting solid panel
fiberglass. The trash dumpster area shall always be maintained
and when not in use closed.
9. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals.
10. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows.
11. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for.
12. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of one year only from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
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On a motion by Toy, supported by Bahr, and unanimously adopted, it was:
#138-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 15, 2020, which transmits its
resolution #04-22-2020, adopted on April 14, 2020, with regard to Petition
2020-03-08-02, submitted by Lincoln Dental, to construct an addition to
the existing building located on the north side of Joy Road between Inkster
Road and Harrison Avenue (28000 and 28024 Joy Road) in the Southeast
¼ of Section 36, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 2020-03-08-02 is hereby
approved and granted, subject to the following conditions:
1. The Site Plan identified as Sheet Number C3.0 dated March 12,
2020 prepared by Kalabat Engineering, is hereby approved and
shall be adhered to.
2. All parking spaces, except the required barrier free parking, shall
be striped at ten feet (10’) wide by twenty feet (20’) in length as
required, and the number and location of the barrier free parking
space(s) shall be provided at the direction of the Inspection
Department.
L
3. The Landscape Plan identified as Sheet Number L1.0 dated March
12, 2020 prepared by Kalabat Engineering, is hereby approved and
shall be adhered to.
4. All disturbed lawn areas shall be sodded in lieu of hydroseeding.
5. Underground sprinklers are to be provided for all landscaped and
sodded areas including the rights-of-way, and all planted materials
shall be installed to the satisfaction of the Inspection Department
and thereafter permanently maintained in a healthy condition.
6. The Exterior Building Elevation Plan identified as Sheet Number A-
2 dated , March 12, 2020 prepared by JSK Design Group, is hereby
approved and shall be adhered to.
7. That all electric and gas meters and any other exposed utility
services or meter boxes shall be properly screened with deciduous
type landscape material, subject to the approval of the Planning
and Inspection Departments.
8. Any new light fixtures shall not exceed a height of twenty feet (20’)
from grade at the base of the light and shall be aimed and shielded
to minimize stray light trespassing across property lines or on
adjacent roadways.
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9. That the three walls of the trash dumpster area shall be constructed
out of decorative masonry units or a poured wall with textures and
colors to match those of the building. The enclosure gates shall be
of solid panel steel construction or durable, long-lasting solid panel
fiberglass. The trash dumpster area shall be maintained and when
not in use closed at all times.
10. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals.
11. The specific plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for.
12. If this site is not required to have an outdoor trash dumpster area,
all trash must be contained within the building except on the day
trash is scheduled for removal.
13. If it is determined that an outdoor trash dumpster is needed, prior
to the issuance of a building permit, the owner shall work with the
Planning and Inspection Departments on the placement of the
dumpster and means of enclosure subject to the following minimum
requirements: a) the dumpster shall be enclosed on all four (4)
sides, 2) the walls of the enclosure shall be constructed of masonry
that matches or complements the exterior of the building, 3) the
enclosure gates shall be of solid panel steel or durable, long-lasting
solid panel fiberglass, and 4) the trash dumpster area shall be
maintained and when not in use closed at all times.
14. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of one year only from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
On a motion by Donovic, supported by Jolly, and unanimously adopted, it
was:
#139-20 RESOLVED, that upon the motion by Councilmember Rob
Donovic, seconded by Councilmember Jim Jolly, at the Study Meeting
held April 27, 2020, the Council does hereby refer the subject matter of
the City’s ability to regulate unsubscribed newspapers and
advertisements delivered to residential homes to the Department of Law
for its report and recommendation.
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ORDINANCE NO. 3117
AN ORDINANCE TO PROVIDE FOR THE ACQUISITION AND
CONSTRUCTION OF ADDITIONS, EXTENSIONS AND
IMPROVEMENTS TO THE WATER SUPPLY AND
WASTEWATER SYSTEM OF THE CITY OF LIVONIA; TO
PROVIDE FOR THE ISSUANCE AND SALE OF JUNIOR LIEN
REVENUE BONDS TO PAY THE COST THEREOF; TO
PRESCRIBE THE FORM OF THE BONDS; TO PROVIDE FOR
THE COLLECTION OF REVENUES FROM THE SYSTEM
SUFFICIENT FOR THE PURPOSE OF PAYING THE COSTS OF
OPERATION AND MAINTENANCE OF THE SYSTEM AND TO
PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; TO
PROVIDE FOR SECURITY FOR THE BONDS; TO PROVIDE
FOR THE SEGREGATION AND DISTRIBUTION OF THE
REVENUES; TO PROVIDE FOR THE RIGHTS OF THE
HOLDERS OF THE BONDS IN ENFORCEMENT THEREOF; AND
TO PROVIDE FOR OTHER MATTERS RELATING TO THE
BONDS AND THE SYSTEM.
THE CITY OF LIVONIA ORDAINS:
Section 1. Definitions. Whenever used in this Ordinance, except when
otherwise indicated by the context, the following terms shall have the following
meanings:
(a) “Act 94” means Act 94, Public Acts of Michigan, 1933, as
amended.
(b) “Authority” means the Michigan Finance Authority.
(c) “Authorized Officers” means the Mayor, City Clerk, City
Treasurer and the Director of Finance of the Issuer.
(d) “Bonds” or “Senior Lien Bonds” means any Bonds or series
of Bonds so designated and payable from Net Revenues, which are
secured by a statutory first lien on the Net Revenues established by the
Prior Ordinances and which are senior and superior in all respects with
respect to the Net Revenues to any Junior Lien Bonds secured by the
statutory second lien established by this Ordinance, together with any
additional Bonds of equal standing thereafter issued.
(e) “EGLE” means the Michigan Department of Environment,
Great Lakes and Energy.
(f) “Engineers” means OHM Advisors, consulting engineers of
Livonia, Michigan.
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(g) “Issuer” means the City of Livonia, County of Wayne, State
of Michigan.
(h) “Junior Lien Bonds” means any Bonds or series of Bonds
(including the Series 2020 Bonds) payable from Net Revenues, after
satisfaction of any requirements for funding the Redemption Account, and
which are secured by a statutory second lien on the Net Revenues and
are junior and subordinate in all respects with respect to the Net Revenues
to any Outstanding Senior Lien Bonds and any Bonds hereafter issued
secured by the statutory first lien established by the Prior Ordinances.
(i) “Outstanding Senior Lien Bonds” means the Series 2013
Bonds, the Series 2014 Bonds, the Series 2015 Bonds and the Series
2015 Refunding Bonds and any additional bonds issued that are senior in
standing and priority of lien with the Junior Lien Bonds.
(j) “Prior Ordinances” means Ordinance Nos. 2719, 2945,
2963, 2979 and 2990 adopted by the City Council authorizing the
issuance of Bonds, including the Outstanding Senior Lien Bonds.
(k) “Project” means the acquisition, construction, furnishing and
equipping of additions, extensions and improvements to the Issuer's
Water Supply and Wastewater System, including the replacement and
upsizing of water mains in the City, together with all necessary interests
in land, rights of way and all appurtenances and attachments therefor, as
described in the plans prepared by the Engineers and approved herein.
(l) “Purchase Contract” means the Purchase Contract to be
entered into between the Authority and the Issuer relating to the purchase
by the Authority of the Series 2020 Bonds.
(m) “Revenues” and “Net Revenues” means the revenues and
net revenues of the System and shall be construed as defined in Section
3 of Act 94, including with respect to “Revenues”, the earnings derived
from the investment of moneys in the various funds and accounts
established by the Prior Ordinances and this Ordinance.
(n) “Series 2013 Bonds” means the Issuer’s Water Supply and
Wastewater System Revenue Bonds, Series 2013, dated September 17,
2013, in the original principal amount of $3,620,000.
(o) “Series 2014 Bonds” means the Issuer’s Water Supply and
Wastewater System Revenue Bonds, Series 2014, dated June 25, 2014,
in the original principal amount of $3,775,000.
(p) “Series 2015 Bonds” means the Issuer’s Water Supply and
Wastewater System Revenue Bonds, Series 2015, dated June 25, 2015,
in the original principal amount of $9,050,000.
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Minutes of the May 11, 2020 Regular Meeting
(q) “Series 2015 Refunding Bonds” means the Issuer’s Water
Supply and Wastewater System Revenue Refunding Bonds, Series 2014,
dated August 11, 2015, in the original principal amount of $4,170,000.
(r) “Series 2020 Bonds” means the Issuer’s Water Supply and
Wastewater System Junior Lien Revenue Bonds, Series 2020, in the
principal amount of not to exceed $9,170,000 issued pursuant to this
Ordinance.
(s) “Sufficient Government Obligations” means direct
obligations of the United States of America or obligations the principal and
interest on which is fully guaranteed by the United States of America, not
redeemable at the option of the issuer, the principal and interest payments
upon which without reinvestment of the interest, come due at such times
and in such amounts as to be fully sufficient to pay the interest as it comes
due on the Bonds or Junior Lien Bonds and the principal and redemption
premium, if any, on the Bonds or Junior Lien Bonds as it comes due
whether on the stated maturity date or upon earlier redemption. Securities
representing such obligations shall be placed in trust with a bank or trust
company, and if any of the Bonds or Junior Lien Bonds are to be called
for redemption prior to maturity, irrevocable instructions to call the Bonds
for redemption shall be given to the paying agent.
(t) “Supplemental Agreement” means the supplemental
agreement among the Issuer, the Authority and EGLE relating to the
Series 2020 Bonds.
(u) “System” means the entire Water Supply and Wastewater
System of the Issuer, including the Project and all additions, extensions
and improvements hereafter acquired.
Section 2. Necessity; Approval of Plans and Specifications. It is hereby
determined to be a necessary public purpose of the Issuer to acquire and
construct the Project in accordance with the plans and specifications prepared
by the Engineers, which plans and specifications are hereby approved. The
Project qualifies for the Drinking Water Revolving Fund financing program being
administered by the EGLE and the Authority, whereby bonds of the Issuer are
sold to the Authority and bear interest at a fixed rate of two percent (2.00%) per
annum.
Section 3. Costs; Useful Life. The cost of the Project is estimated to be
Nine Million One Hundred Seventy Thousand Dollars ($9,170,000), including the
payment of incidental expenses as specified in Section 4 of this Ordinance, which
estimate of cost is hereby approved and confirmed, and the period of usefulness
of the Project is estimated to be not less than thirty (30) years.
Section 4. Payment of Cost; Bonds Authorized. To pay the cost of
acquiring and constructing the Project, legal, engineering, financial and other
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Minutes of the May 11, 2020 Regular Meeting
expenses incident thereto and incident to the issuance and sale of the Series
2020 Bonds, the Issuer shall borrow the sum of not to exceed Nine Million One
Hundred Seventy Thousand Dollars ($9,170,000), or such lesser amount as shall
have been advanced to the Issuer pursuant to the Purchase Contract and the
Supplemental Agreement, and issue the Series 2020 Bonds pursuant to the
provisions of Act 94. The remaining cost of the Project, if any, shall be defrayed
from Issuer funds on hand and legally available for such use.
Except as amended by or expressly provided to the contrary in this
Ordinance, all of the provisions of the Prior Ordinances shall apply to the Series
2020 Bonds issued pursuant to this Ordinance, the same as though each of said
provisions were repeated in this Ordinance in detail; the purpose of this
Ordinance being to authorize the issuance of revenue bonds of subordinate lien
with respect to the Outstanding Senior Lien Bonds to finance the cost of acquiring
and constructing additions, extensions and improvements to the System,
additional bonds of subordinate standing with the Outstanding Senior Lien Bonds
for such purpose being authorized by the provisions of the Prior Ordinances,
upon the conditions therein stated, which conditions have been fully met.
Section 5. Issuance of Series 2020 Bonds; Details. The Series 2020
Bonds of the Issuer, to be designated WATER SUPPLY AND WASTEWATER
SYSTEM JUNIOR LIEN REVENUE BONDS, SERIES 2020, are authorized to
be issued in the aggregate principal sum of not to exceed Nine Million One
Hundred Seventy Thousand Dollars ($9,170,000) as finally determined by order
of the EGLE for the purpose of paying part of the cost of the Project, including
the costs incidental to the issuance, sale and delivery of the Series 2020 Bonds.
The Series 2020 Bonds shall be payable primarily out of the Net Revenues, as
set forth more fully in Section 8 hereof, provided that the Series 2020 Bonds shall
be subordinate to the prior lien with respect to the Net Revenues in favor of the
Outstanding Senior Lien Bonds and of any Bonds hereafter issued. The Series
2020 Bonds shall be in the form of a single fully-registered, nonconvertible bond
of the denomination of the full principal amount thereof, dated as of the date of
delivery, payable in principal installments as finally determined by the order of
the EGLE at the time of sale of the Series 2020 Bonds and approved by the
Authority and an Authorized Officer. Principal installments of the Series 2020
Bonds shall be payable on October 1 of the years 2021 to 2040, inclusive, or
such other payment dates as hereinafter provided. Interest on the Series 2020
Bonds shall be payable on April 1 and October 1 of each year, commencing
October 1, 2020 or on such other interest payment dates as hereinafter provided.
Final determination of the principal amount of and interest on the Series 2020
Bonds and the payment dates and amounts of principal installments of the Series
2020 Bonds shall be evidenced by execution of the Purchase Contract and each
of the Authorized Officers is authorized and directed to execute and deliver the
Purchase Contract when it is in final form and to make the determinations set
forth above; provided, however, that the first principal installment shall be due no
earlier than October 1, 2020, the total number of principal installments shall not
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exceed twenty (20), and that the total principal amount shall not exceed
$9,170,000.
The Series 2020 Bonds shall bear interest at a rate of two percent (2.00%)
per annum on the par value thereof or such other rate as evidenced by execution
of the Purchase Contract, but in any event not to exceed the rate permitted by
law, and any Authorized Officers as shall be appropriate shall deliver the Series
2020 Bonds in accordance with the delivery instructions of the Authority.
The principal amount of the Series 2020 Bonds is expected to be drawn
down by the Issuer periodically, and interest on principal amount shall accrue
from the date such principal amount is drawn down by the Issuer.
The Series 2020 Bonds shall not be convertible or exchangeable into
more than one fully-registered bond. Principal of and interest on the Series 2020
Bonds shall be payable as provided in the Series 2020 Bond form in this
Ordinance.
The Series 2020 Bonds shall be subject to optional redemption by the
Issuer with the prior written approval of the Authority and on such terms as may
be required by the Authority.
The Treasurer of the Issuer shall record on the registration books payment
by the Issuer of each installment of principal or interest or both when made and
the cancelled checks or other records evidencing such payments shall be
returned to and retained by the Treasurer.
Upon payment by the Issuer of all outstanding principal of and interest on
the Series 2020 Bonds, the Authority shall deliver the Series 2020 Bonds to the
Issuer for cancellation.
Section 6. Execution of Series 2020 Bonds. The Series 2020 Bonds shall
be signed by the manual or facsimile signature of the Mayor and countersigned
by the manual or facsimile signature of the Clerk and the Treasurer and shall
have the corporate seal of the Issuer or a facsimile thereof impressed thereon.
The Series 2020 Bonds bearing the manual or facsimile signatures of the Mayor,
the Clerk and the Treasurer sold to the Authority shall require no further
authentication.
Section 7. Registration and Transfer. Any Bond or Junior Lien Bond may
be transferred upon the books required to be kept pursuant to this section by the
person in whose name it is registered, in person or by the registered owner’s duly
authorized attorney, upon surrender of the Bond or Junior Lien Bond for
cancellation, accompanied by delivery of a duly executed written instrument of
transfer in a form approved by the transfer agent. Whenever any Bond or Junior
Lien Bond shall be surrendered for transfer, the Issuer shall execute and the
transfer agent shall authenticate and deliver a new Bond or Junior Lien Bond, for
like aggregate principal amount. The transfer agent shall require payment by the
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Minutes of the May 11, 2020 Regular Meeting
bondholder requesting the transfer of any tax or other governmental charge
required to be paid with respect to the transfer. The Issuer shall not be required
(i) to issue, register the transfer of or exchange any Bond or Junior Lien Bond
during a period beginning at the opening of business 15 days before the day of
the giving of a notice of redemption of Bonds selected for redemption as
described in the form of Series 2020 Bonds contained in Section 13 of this
Ordinance and ending at the close of business on the day of that giving of notice,
or (ii) to register the transfer of or exchange any Bond or Junior Lien Bond so
selected for redemption in whole or in part, except the unredeemed portion of
Bonds or Junior Lien Bonds being redeemed in part. The Issuer shall give the
transfer agent notice of call for redemption at least 20 days prior to the date
notice of redemption is to be given.
The transfer agent shall keep or cause to be kept at its principal office
sufficient books for the registration and transfer of the Bonds or Junior Lien Bond,
which shall at all times be open to inspection by the Issuer; and upon
presentation for such purpose the transfer agent shall under such reasonable
regulations as it may prescribe, transfer or cause to be transferred on said books
Bonds or Junior Lien Bond as hereinbefore provided.
If any Bond or Junior Lien Bond shall become mutilated, the Issuer, at the
expense of the holder of the Bond or Junior Lien Bond, shall execute, and the
transfer agent shall authenticate and deliver, a new Bond or Junior Lien Bond of
like tenor in exchange and substitution for the mutilated Bond or Junior Lien
Bond, upon surrender to the transfer agent of the mutilated Bond or Junior Lien
Bond. If any Bond or Junior Lien Bond issued under this Ordinance shall be lost,
destroyed or stolen, evidence of the loss, destruction or theft may be submitted
to the transfer agent and, if this evidence is satisfactory to both and indemnity
satisfactory to the transfer agent shall be given, and if all requirements of any
applicable law including Act 354, Public Acts of Michigan, 1972, as amended
(“Act 354”), being sections 129.131 to 129.135, inclusive, of the Michigan
Compiled Laws have been met, the Issuer, at the expense of the owner, shall
execute, and the transfer agent shall thereupon authenticate and deliver, a new
Bond or Junior Lien Bond of like tenor and bearing the statement required by
Act 354, or any applicable law hereafter enacted, in lieu of and in substitution for
the Bond or Junior Lien Bond so lost, destroyed or stolen. If any such Bond or
Junior Lien Bond shall have matured or shall be about to mature, instead of
issuing a substitute Bond or Junior Lien Bond the transfer agent may pay the
same without surrender thereof.
Section 8. Payment of Series 2020 Bonds; Security; Priority of Lien.
Principal of and interest on the Series 2020 Bonds shall be payable primarily
from the Net Revenues. There is hereby recognized the statutory lien upon the
whole of the Net Revenues created by this Ordinance which shall be a lien that
is junior and subordinate to the lien of the Outstanding Senior Lien Bonds created
by the Prior Ordinances and to any Bonds hereafter issued, to continue until
payment in full of the principal of and interest on all Bonds payable from the Net
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Minutes of the May 11, 2020 Regular Meeting
Revenues, or until sufficient cash or Sufficient Government Obligations have
been deposited in trust for payment in full of all Junior Lien Bonds, including the
Series 2020 Bonds, then outstanding, principal and interest, to maturity, or, if
called for redemption, to the date fixed for redemption together with the amount
of the redemption premium, if any. Upon deposit of cash or Sufficient
Government Obligations, as provided in the previous sentence, the statutory lien
shall be terminated with respect to the Series 2020 Bonds, the holders of the
Series 2020 Bonds shall have no further rights under this Ordinance except for
payment from the deposited funds, and the Series 2020 Bonds shall no longer
be considered to be outstanding under this Ordinance.
As additional security for repayment of the Series 2020 Bonds, the Issuer
hereby pledges the taxes collected by the State of Michigan and returned to the
Issuer pursuant to Act 140, Public Acts of Michigan, 1971, as amended, to the
Authority as purchaser and holder of the Series 2020 Bonds, and the Issuer
hereby authorizes the Authorized Officers to approve, execute and deliver a
Revenue Sharing Pledge Agreement between the Issuer and the Authority,
authorizing the State Treasurer to transmit the revenue sharing moneys assigned
and pledged therein directly to the Authority or its designee if payments on the
Series 2020 Bonds are not made in accordance with this Ordinance. The Issuer
shall be reimbursed for any such advance from the Net Revenues of the System
subsequently received which are not otherwise pledged or encumbered by this
Ordinance or the Prior Ordinances.
Section 9. Management; Fiscal Year. The operation, repair and
management of the System and the acquiring and constructing of the Project
shall continue to be under the supervision and control of the Issuer. The Issuer
may employ such person or persons in such capacity or capacities as it deems
advisable to carry on the efficient management and operation of the System. The
Issuer may make such rules and regulations as it deems advisable and
necessary to assure the efficient management and operation of the System. The
System shall be operated on the basis of an operating year which shall coincide
with the Issuer’s fiscal year.
Section 10. Rates and Charges; No Free Service. The rates and charges
for service furnished by the System and the methods of collection and
enforcement of the collection of the rates shall be those in effect on the date of
adoption of this Ordinance and are estimated to be sufficient to provide for the
payment of the expenses of administration and operation and such expenses for
maintenance of the System as are necessary to preserve the System in good
repair and working order, to provide for the payment of the principal of and
interest on the Bonds as the same become due and payable, and the
maintenance of the reserves, if any, therefore; and to provide for all other
obligations, expenditures and funds for the System required by law, the Prior
Ordinances and this Ordinance. No free service or use of the System, or service
or use of the System at less than cost, shall be furnished by the System to any
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person, firm, or corporation, public or private, or to any public agency or
instrumentality, including the Issuer.
In a case where a tenant is responsible for the payment of the charges for
service furnished by the System, and the Issuer is so notified in writing, the Issuer
shall require a cash deposit in a sum determined as set forth in Title 13, Chapter
8 of the Issuer’s Code of Ordinances, as the same may from time to time be
amended, as security for the payment of the charges.
Section 11. Funds and Accounts; Flow of Funds; Junior Lien Bond and
Interest Redemption Fund. All funds belonging to the System and all Revenues
of the System shall continue to be set aside as collected and credited to the
Receiving Fund established by the Prior Ordinances (the “Receiving Fund”),
except as provided in this Ordinance. The Revenues credited to the Receiving
Fund are pledged for the purposes of the funds and accounts established by the
Prior Ordinances and this Ordinance and shall be transferred or debited from the
Receiving Fund periodically in the manner and at the times and in the order of
priority specified in the Prior Ordinances and this Ordinance.
Funding Existing Funds and Accounts. Out of the Revenues in the
Receiving Fund there shall be transferred and debited the amounts required by
the Prior Ordinances to be deposited into the existing Operation and
Maintenance Fund and the existing Bond and Interest Redemption Fund
(including Bond Reserve Account) created pursuant to the Prior Ordinances.
Junior Lien Bond and Interest Redemption Account. There is hereby
established and there shall be maintained a separate account designated Junior
Lien Bond and Interest Redemption Account (the “Junior Lien Redemption
Account”). Except as otherwise provided herein, the moneys on deposit therein
from time to time shall be used for the purpose of paying the principal of and
interest on any Junior Lien Bonds.
Out of the Revenues remaining in the Receiving Fund after provision for
the transfers and debits described in the previous paragraph, there shall be set
aside monthly in the Junior Lien Redemption Account a sum sufficient to provide
for the next payment when due of the principal of and interest on the Junior Lien
Bonds, less any amount in the Junior Lien Redemption Account representing
accrued interest on the Junior Lien Bonds, and less the sum of any funds actually
on deposit in the Junior Lien Redemption Account. The amount set aside and
transferred to the Junior Lien Redemption Account each month for interest on
the Junior Lien Bonds shall be 1/6 of the total amount of interest on the Junior
Lien Bonds next coming due or such greater or lesser amount as is necessary to
assure that the amount set aside in the Junior Lien Redemption Account as of
the first of such month is not less than the product of (a) 1/6 of the amount of
interest next due on the Junior Lien Bonds times (b) the number of months
elapsed since and including the last interest payment date. For the month
immediately prior to each interest payment date the amount set aside and
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transferred to the Junior Lien Redemption Account to pay interest shall be
reduced by amounts, including investment earnings, available in the Junior Lien
Redemption Account which are available for such purpose. The amount set
aside and transferred to the Junior Lien Redemption Account each month for
principal commencing twelve months prior to the first maturity or mandatory
sinking fund redemption date shall be 1/12 of the amount of principal next coming
due on the Junior Lien Bonds by maturity or as a mandatory redemption
requirement or such greater or lesser amount as is necessary to assure that the
amount set aside in the Junior Lien Redemption Account as of the first of such
month is not less than the product of 1/12 of the amount of principal next due on
the Junior Lien Bonds times (b) the number of months elapsed since and
including the last principal payment date. If there is any deficiency in the amount
previously set aside, that deficiency shall be added to the next succeeding
month’s requirement.
No further payments need be made into the Junior Lien Redemption
Account after enough of the principal installments of the Junior Lien Bonds have
been retired so that the amount then held in the Junior Lien Redemption Account
(including a bond reserve account, if any), is equal to the entire amount of
principal and interest which will be payable at the time of maturity of all the
principal installments of the Bond then remaining outstanding.
Section 12. Bond Proceeds. The proceeds of the sale of the Series 2020
Bonds as received by the Issuer shall be deposited in a separate account in a
bank or banks qualified to act as depository of the proceeds of sale under the
provisions of Section 15 of Act 94 designated 2020 WATER SUPPLY AND
WASTEWATER SYSTEM JUNIOR LIEN REVENUE BONDS CONSTRUCTION
FUND (the “Construction Fund”). Moneys in the Construction Fund shall be
applied solely in payment of the cost of the Project and any engineering, legal
and other expenses incident thereto and to the financing thereof.
Section 13. Bond Form. The Series 2020 Bonds shall be in substantially
the following form with such changes or completion as necessary or appropriate
to give effect to the intent of this Ordinance and subject to such modifications
which may be required by the Michigan Attorney General and the Authority and
approved by bond counsel:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
WATER SUPPLY AND WASTEWATER SYSTEM JUNIOR LIEN REVENUE
BOND, SERIES 2020
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REGISTERED OWNER: Michigan Finance Authority
PRINCIPAL AMOUNT: _________________________________ Dollars
($___,000)
DATE OF ORIGINAL ISSUE: June 12, 2020
The CITY OF LIVONIA, County of Wayne, State of Michigan (the “Issuer”),
acknowledges itself to owe and for value received hereby promises to pay,
primarily out of the hereinafter described Net Revenues of the Issuer’s Water
Supply and Wastewater System (hereinafter defined), to the Michigan Finance
Authority (the “Authority”), or registered assigns, the Principal Amount shown
above, or such portion thereof as shall have been advanced to the Issuer
pursuant to a Purchase Contract between the Issuer and the Authority and a
Supplemental Agreement by and among the Issuer, the Authority and the State
of Michigan acting through the Department of Environmental Quality, in lawful
money of the United States of America, unless prepaid or reduced prior thereto
as hereinafter provided.
During the time the Principal Amount is being drawn down by the Issuer
under this bond, the Authority will periodically provide to the Issuer a statement
showing the amount of principal that has been advanced and the date of each
advance, which statement shall constitute prima facie evidence of the reported
information; provided that no failure on the part of the Authority to provide such
a statement or to reflect a disbursement or the correct amount of a disbursement
shall relieve the Issuer of its obligation to repay the outstanding Principal Amount
actually advanced (subject to any principal forgiveness as provided in Schedule
A), all accrued interest thereon, and any other amount payable with respect
thereto in accordance with the terms of this bond.
The Principal Amount shall be payable on the dates and in the annual
principal installment amounts set forth on the Schedule attached hereto and
made a part hereof, as such Schedule may be adjusted if less than $__________
is disbursed to the Issuer or if a portion of the Principal Amount is prepaid or
reduced as provided below, with interest on said principal installments from the
date each said installment is delivered to the holder hereof until paid at the rate
of two percent (2.00%) per annum. Interest is first payable on October 1, 2020,
and semiannually thereafter on the first day of April and October of each year,
as set forth in the Purchase Contract.
Notwithstanding any other provision of this Bond, so long as the Authority
is the owner of this Bond, (a) this Bond is payable as to principal, premium, if
any, and interest at The Bank of New York Mellon Trust Company, N.A. or at
such other place as shall be designated in writing to the Issuer by the Authority
(the "Authority's Depository"); (b) the Issuer agrees that it will deposit with the
Authority's Depository payments of the principal of, premium, if any, and interest
on this Bond in immediately available funds by 12:00 noon at least five business
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days prior to the date on which any such payment is due whether by maturity,
redemption or otherwise; in the event that the Authority's Depository has not
received the Issuer's deposit by 12:00 noon on the scheduled day, the Issuer
shall immediately pay to the Authority as invoiced by the Authority an amount to
recover the Authority's administrative costs and lost investment earnings
attributable to that late payment; and (c) written notice of any redemption of this
Bond shall be given by the Issuer and received by the Authority's Depository at
least 40 days prior to the date on which such redemption is to be made.
Additional Interest
In the event of a default in the payment of principal or interest hereon
when due, whether at maturity, by redemption or otherwise, the amount of such
default shall bear interest (the “additional interest”) at a rate equal to the rate of
interest which is two percent above the Authority’s cost of providing funds (as
determined by the Authority) to make payment on the bonds of the Authority
issued to provide funds to purchase this bond but in no event in excess of the
maximum rate of interest permitted by law. The additional interest shall continue
to accrue until the Authority has been fully reimbursed for all costs incurred by
the Authority (as determined by the Authority) as a consequence of the Issuer’s
default. Such additional interest shall be payable on the interest payment date
following demand of the Authority. In the event that (for reasons other than the
default in the payment of any municipal obligation purchased by the Authority)
the investment of amounts in the reserve account established by the Authority
for the bonds of the Authority issued to provide funds to purchase this bond fails
to provide sufficient available funds (together with any other funds which may be
made available for such purpose) to pay the interest on outstanding bonds of the
Authority issued to fund such account, the Issuer shall and hereby agrees to pay
on demand only the Issuer’s pro rata share (as determined by the Authority) of
such deficiency as additional interest on this bond.
For prompt payment of principal and interest on this bond, the Issuer has
irrevocably pledged the revenues of the Water Supply and Wastewater System
of the Issuer, including all appurtenances, extensions and improvements thereto
(the “Water Supply and Wastewater System”), after provision has been made for
reasonable and necessary expenses of operation, maintenance and
administration (the “Net Revenues”), and a statutory lien thereon is hereby
recognized and created.
This bond is a single, fully-registered, non-convertible bond in the principal
sum indicated above issued pursuant to Ordinance Nos. 2719, 2945, 2963, 2979,
2990 and ____ duly adopted by the City Council (the “Ordinances”), and under
and in full compliance with the Constitution and statutes of the State of Michigan,
including specifically Act 94, Public Acts of Michigan, 1933, as amended, for the
purpose of paying part of the cost of acquiring and constructing additions,
extensions and improvements to the Water Supply and Wastewater System of
the Issuer.
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For a complete statement of the revenues from which and the conditions
under which this bond is payable, a statement of the conditions under which
additional bonds of superior and equal standing may hereafter be issued and the
general covenants and provisions pursuant to which this bond is issued,
reference is made to the Ordinances. This bond is of junior standing and priority
of lien as to the Net Revenues to the Issuer’s Water Supply and Wastewater
System Revenue Bonds, Series 2013, Water Supply and Wastewater System
Revenue Bonds, Series 2014, Water Supply and Wastewater System Revenue
Bonds, Series 2015 and Water Supply and Wastewater System Revenue
Refunding Bonds, Series 2015 (collectively, the “Outstanding Bonds”).
This bond is a self-liquidating bond, payable, both as to principal and
interest, primarily from the Net Revenues of the System. The principal of and
interest on this bond are secured by the statutory second lien hereinbefore
mentioned. As additional security, the Issuer has pledged certain taxes collected
by the State of Michigan and returned to the Issuer pursuant to a revenue sharing
pledge agreement as further described in the Ordinances.
The Issuer has covenanted and agreed, and does hereby covenant and
agree, to fix and maintain at all times while any bonds payable from the Net
Revenues of the Water Supply and Wastewater System shall be outstanding,
such rates for service furnished by the Water Supply and Wastewater System as
shall be sufficient to provide for payment of the interest upon and the principal of
this bond and any bonds of equal standing with this bond, the Outstanding Bonds
and any additional bonds of equal standing with the Outstanding Bonds, as and
when the same shall become due and payable, and to maintain a bond
redemption fund (including, except for bonds of this issue and any Junior Lien
Bonds, a bond reserve account) therefor, to provide for the payment of expenses
of administration and operation and such expenses for maintenance of the Water
Supply and Wastewater System as are necessary to preserve the same in good
repair and working order, and to provide for such other expenditures and funds
for the Water Supply and Wastewater System as are required by the Ordinances.
Principal installments of this bond are subject to prepayment by the Issuer
prior to maturity only with the prior written consent of the Authority and on such
terms as may be required by the Authority.
This bond is transferable only upon the books of the Issuer by the
registered owner in person or the registered owner’s attorney duly authorized in
writing, upon the surrender of this bond together with a written instrument of
transfer satisfactory to the transfer agent, duly executed by the registered owner
or the registered owner’s attorney duly authorized in writing, and thereupon a
new bond or bonds in the same aggregate principal amount and of the same
maturity shall be issued to the transferee in exchange therefor as provided in the
Ordinance, and upon payment of the charges, if any, therein prescribed.
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It is hereby certified and recited that all acts, conditions and things
required by law to be done precedent to and in the issuance of this bond have
been done and performed in regular and due time and form as required by law.
IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of
Michigan, by its City Council has caused this bond to be executed with the
manual or facsimile signatures of its Mayor, its City Clerk and its Treasurer, and
the corporate seal of the City to be impressed or imprinted hereon, all as of the
Date of Original Issue.
CITY OF LIVONIA
By____________________________
Its Mayor
(Seal)
Countersigned:
By____________________________________________
Its City Clerk
By: ___
Its: Treasurer
DEQ Project No.: 7452-01
DEQ Approved Amt: $_________________
SCHEDULE A
Based on the schedule provided below unless revised as provided in this
paragraph, repayment of the principal of the bond shall be made until the full
amount advanced to the Issuer is repaid. In the event the Order of Approval
issued by the Department of Environmental Quality (the “Order”) approves a
principal amount of assistance less than the amount of the bond delivered to the
Authority, the Authority shall only disburse principal up to the amount stated in
the Order. In the event (1) that the payment schedule approved by the Issuer
and described below provides for payment of a total principal amount greater
than the amount of assistance approved by the Order (2) that less than the
principal amount of assistance approved by the Order is disbursed to the Issuer
by the Authority, the Authority shall prepare a new payment schedule which shall
be effective upon receipt by the Issuer, or (3) that any portion of the principal
amount of assistance approved by the Order and disbursed to the Issuer is
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forgiven pursuant to the Order, the Authority shall prepare a new payment
schedule which shall be effective upon receipt by the Issuer.
Maturity Date Principal Amount
October 1, 2021 $375,000
October 1, 2022 $385,000
October 1, 2023 $390,000
October 1, 2024 $400,000
October 1, 2025 $410,000
October 1, 2026 $415,000
October 1, 2027 $425,000
October 1, 2028 $435,000
October 1, 2029 $440,000
October 1, 2030 $450,000
October 1, 2031 $460,000
October 1, 2032 $470,000
October 1, 2033 $480,000
October 1, 2034 $490,000
October 1, 2035 $500,000
October 1, 2036 $505,000
October 1, 2037 $520,000
October 1, 2038 $530,000
October 1, 2039 $540,000
October 1, 2040 $550,000
Interest on the bond shall accrue on that portion of principal disbursed by
the Authority to the Issuer which has not been forgiven pursuant to the Order
from the date such portion is disbursed, until paid, at the rate of 2.00% per
annum, payable October 1, 2020 and semi-annually hereafter.
The Issuer agrees that it will deposit with the Authority’s Depository, or
such other place as shall be designated in writing to the Issuer by the Authority
payments of the principal of, premium, if any, and interest on this bond in
immediately available funds by 12:00 noon at least five business days prior to
the date on which any such payment is due whether by maturity, redemption or
otherwise. In the event that the Authority’s Depository has not received the
Issuer’s deposit by 12:00 noon on the scheduled day, the Issuer shall
immediately pay to the Authority as invoiced by the Authority an amount to
recover the Authority’s administrative costs and lost investment earnings
attributable to that late payment.
Section 14. Bondholders’ Rights; Receiver. The holder or holders of the
Bonds or Junior Lien Bonds representing in the aggregate not less than twenty
per cent (20%) of the entire principal amount thereof then outstanding, may, by
suit, action, mandamus or other proceedings, protect and enforce the statutory
lien upon the Net Revenues of the System, and may, by suit, action, mandamus
or other proceedings, enforce and compel performance of all duties of the officers
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of the Issuer, including the fixing of sufficient rates, the collection of Revenues,
the proper segregation of the Revenues of the System and the proper application
thereof. The statutory lien upon the Net Revenues, however, shall not be
construed as to compel the sale of the System or any part thereof.
If there is a default in the payment of the principal of or interest upon the
Bonds or the Junior Lien Bonds, any court having jurisdiction in any proper action
may appoint a receiver to administer and operate the System on behalf of the
Issuer and under the direction of the court, and by and with the approval of the
court to perform all of the duties of the officers of the Issuer more particularly set
forth herein and in Act 94.
The holder or holders of the Bonds and the Junior Lien Bonds shall have
all other rights and remedies given by Act 94 and law, for the payment and
enforcement of the Bonds and the Junior Lien Bonds and the security therefor.
Section 15. Additional Bonds. The Issuer may issue additional bonds of
equal standing with the Junior Lien Bonds for the following purposes and subject
to the following conditions:
(a) To complete the Project in accordance with the plans and
specifications therefor. Such bonds shall not be authorized unless the
engineers in charge of construction shall execute a certificate evidencing
the fact that additional funds are needed to complete the Project in
accordance with the plans and specifications therefor and stating the
amount that will be required to complete the Project. If such certificate
shall be so executed and filed with the Issuer, it shall be the duty of the
Issuer to provide for and issue additional revenue bonds in the amount
stated in said certificate to be necessary to complete the Project in
accordance with the plans and specifications plus an amount necessary
to issue such bonds or to provide for part or all of such amount from other
sources.
(b) For subsequent repairs, extensions, enlargements and
improvements to the System or for subsequent repairs, extensions,
enlargements and improvements to the System and for the purpose of
refunding part or all of the Junior Lien Bonds then outstanding and paying
costs of issuing such additional Junior Lien Bonds. Junior Lien Bonds for
such purposes shall not be issued pursuant to this subparagraph (b)
unless the Adjusted Net Revenues of the System for the then last two (2)
preceding twelve-month operating years or the Adjusted Net Revenues
for the last preceding twelve-month operating year, if the same shall be
lower than the average, shall be equal to at least one hundred percent
(100%) of the maximum amount of principal and interest thereafter
maturing in any operating year on the then outstanding Senior Lien Bonds,
Junior Lien Bonds and on the additional Bonds then being issued. If the
additional Junior Lien Bonds are to be issued in whole or in part for
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refunding outstanding Junior Lien Bonds, the annual principal and interest
requirements shall be determined by deducting from the principal and
interest requirements for each operating year the annual principal and
interest requirements of any Junior Lien Bonds to be refunded from the
proceeds of the additional Junior Lien Bonds. For purposes of this
subparagraph (b) the Issuer may elect to use as the last preceding
operating year any operating year ending not more than sixteen months
prior to the date of delivery of the additional Junior Lien Bonds and as the
next to the last preceding operating year, any operating year ending not
more than twenty-eight months prior to the date of delivery of the
additional Junior Lien Bonds. Determination by the Issuer as to existence
of conditions permitting the issuance of additional Junior Lien Bonds shall
be conclusive. No additional Junior Lien Bonds of equal standing as to
the Net Revenues of the System shall be issued pursuant to the
authorization contained in this subparagraph if the Issuer shall then be in
default in making its required payments to the Operation and Maintenance
Fund or the Redemption Fund.
(c) For refunding a part or all of the Junior Lien Bonds then
outstanding and paying costs of issuing such additional Junior Lien Bonds
including deposits which may be required to be made to the bond reserve
account, if any, for such Junior Lien Bonds. No additional Junior Lien
Bonds shall be issued pursuant to this subsection unless the maximum
amount of principal and interest maturing in any operating year after giving
effect to the refunding shall be less than the maximum amount of principal
and interest maturing in any operating year prior to giving effect to the
refunding.
Section 16. Negotiated Sale; Application to EGLE and Authority;
Execution of Documents. The Issuer determines that it is in the best interest of
the Issuer to negotiate the sale of the Series 2020 Bonds to the Authority
because the Drinking Water Revolving Fund financing program provides
significant interest savings to the Issuer compared to competitive sale in the
municipal bond market. The Authorized Officers are hereby authorized to make
application to the Authority and to the EGLE for placement of the Series 2020
Bonds with the Authority. The actions taken by the Authorized Officers with
respect to the Series 2020 Bonds prior to the adoption of this Ordinance are
ratified and confirmed. The Authorized Officers are each authorized to execute
and deliver the Purchase Contract, the Supplemental Agreement, the Revenue
Sharing Pledge Agreement and the Issuer’s Certificate. Any Authorized Officer
is further authorized to execute and deliver such contracts, documents and
certificates as are necessary or advisable to qualify the Series 2020 Bonds for
the Drinking Water Revolving Fund. Prior to the delivery of the Series 2020
Bonds to the Authority, any Authorized Officer is hereby authorized to make such
changes to the form of the Series 2020 Bonds contained in Section 13 of this
Ordinance as may be necessary to conform to the requirements of Act 227,
Public Acts of Michigan 1985, as amended (“Act 227”), including, but not limited
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to changes in the principal maturity and interest payment dates and references
to additional security required by Act 227.
Section 17. Covenant Regarding Tax Exempt Status of the Bonds. The
Issuer shall, to the extent permitted by law, take all actions within its control
necessary to maintain the exemption of the interest on the Series 2020 Bonds
from general federal income taxation (as opposed to any alternative minimum or
other indirect taxation) under the Internal Revenue Code of 1986, as amended
(the “Code”), including, but not limited to, actions relating to any required rebate
of arbitrage earnings and the expenditure and investment of Series 2020 Bonds
proceeds and moneys deemed to be Bond proceeds.
Section 18. Approval of Bond Counsel. The representation of the Issuer
by Miller, Canfield, Paddock and Stone, P.L.C. (“Miller Canfield”), as bond counsel
is hereby approved, notwithstanding the representation by Miller Canfield of the
Authority in connection with the Drinking Water Revolving Fund program which
may include advising the Authority with respect to this borrowing.
Section 19. Approval of Bond Details. The Authorized Officers are each
hereby authorized to adjust the final bond details set forth herein to the extent
necessary or convenient to complete the transaction authorized herein, and in
pursuance of the foregoing is authorized to exercise the authority and make the
determinations authorized pursuant to Section 7a(1)(c) of Act 94, including but
not limited to determinations regarding interest rates, prices, discounts,
maturities, principal amounts, denominations, dates of issuance, interest
payment dates, redemption rights, the place of delivery and payment, and other
matters, provided that the principal amount of Series 2020 Bonds issued shall
not exceed the principal amount authorized in this Ordinance, the interest rate
per annum on the Series 2020 Bonds shall not exceed two percent (2.00%) per
annum, and the Series 2020 Bonds shall mature in not more than twenty (20)
annual installments.
Section 20. Savings Clause. All ordinances, resolutions or orders, or part
thereof, in conflict with the provisions of this Ordinance are, to the extent of such
conflict, repealed.
Section 21. Severability; Paragraph Headings; and Conflict. If any
section, paragraph, clause or provision of this Ordinance shall be held invalid,
the invalidity of such section, paragraph, clause or provision shall not affect any
of the other provisions of this Ordinance. The paragraph headings in this
Ordinance are furnished for convenience of reference only and shall not be
considered to be part of this Ordinance.
Section 22. Publication and Recordation. This Ordinance shall be
published in full in the Livonia Observer, a newspaper of general circulation in
the Issuer qualified under State law to publish legal notices, promptly after its
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adoption, and shall be recorded in the Ordinance Book of the Issuer and such
record authenticated by the signatures of the Mayor and the City Clerk.
Section 23. Effective Date. Pursuant to the provisions of Section 6 of Act
94, this Ordinance shall be approved on the date of first reading and accordingly
this Ordinance shall be effective upon its adoption and publication.
The above ordinance was passed at the regular meeting of the Council
of the City of Livonia held Monday, May 11, 2020, at 7:00 p.m.
__________________________
Susan Nash, City Clerk
th
The foregoing ordinance was authenticated by me on this 13 day of
May, 2020.
__________________________
Maureen Miller Brosnan, Mayor
Approved as to form:
______________________________
Paul A. Bernier, City Attorney
Dated: May 13, 2020
On a motion by Jolly, supported by McCullough, and unanimously
adopted, it was:
#140-20 RESOLVED, that having considered communications from
the Director of the Housing Commission, wherein she has requested a
Substantial Amendment to the Community Development Block Grant
(CDBG) 2016-2021 Consolidated Plan CR#181-16 and 2019-2020
Annual Action Plan CR#178-19 to include activities that prevent and
respond to the spread of infectious diseases such as the coronavirus
disease 2019 (COVID-19).
WHEREAS, the City Council of Livonia has approved the Substantial
Amendment to the Community Development Block Grant (CDBG) 2016-
2021 Consolidated Plan-CV and 2019-2020 Annual Action Plan, as
defined in the Proposed Projects and Use of Funds;
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Funding will consist of $196,155.00 Community Development Block
Grant-Coronavirus (CDBG-CV) funds allocated under the Coronavirus
Aid, Relief, and Economic Security Acts (CARES Act) Act.
WHEREAS, the projects and programs approved under the Amended
Community Development Block Grant (CDBG) 2016-2021 Consolidated
Plan-CV and 2019-2020 Annual Action Plan, are to serve the public
purpose and intent of the CARES Act, Public Law 116-136;
NOW, THEREFORE, BE IT RESOLVED, that with the adoption of the
Community Development Block Grant – Coronavirus funded projects
listed in the Proposed Projects and Use of Funds budget by the City
Council of Livonia, the Housing Department Office of Community
Development is authorized to prepare and submit the Substantial
Amendment 2016-2021 Consolidated Plan-CV and 2019-2020 Annual
Action Plan to the U.S. Department of Housing and Urban Development.
Further, the Director of Housing, Mayor/Clerk shall have the authority to
execute the sub-recipient contracts.
There was no Audience Communication at the end of the meeting.
On a motion by Toy, supported by Jolly, and unanimously adopted, this
1,896th Regular Meeting of the Council of the City of Livonia was adjourned at
8:25 p.m. on May 11, 2020.
_____________________
Susan M. Nash, City Clerk