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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-08-12 38752 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTY FOURTH REGULAR MEETING OF AUGUST 12, 2013 On August 12, 2013, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 7 00 p m Vice President Pastor led the meeting with the Pledge of Allegiance Roll was called with the following result: John Pastor, Thomas Robinson, Maureen Miller Brosnan, James McCann, Joe Laura, and Laura Toy Absent: Brandon Kritzman Elected and appointed officials present. Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City Clerk, Don Knapp, City Attorney, Shadd Whitehead, Fire Chief; and Mayor Jack Kirksey On a motion by Pastor, seconded by Robinson, and unanimously adopted, it was #250-13 RESOLVED, that the Minutes of the 1,733`d Regular Meeting of the Council held July 15, 2013, are hereby approved as submitted President Toy and Vice President Pastor presented Councilmember James McCann with a commemorative pin for his 25 years of service to the City and thanked him for his dedication and devotion to the Livonia community and for all his years of great service Todd Zilincik, City Engineer, announced there would be a Citizens Advisory Committee meeting to discuss road reconstruction and improvements at 7 00 p m on Thursday, August 22, 2013, in the Department of Public Works Conference Room located at 12973 Farmington Road Mr Zilincik indicated all residents with concerns about road projects and/or improvements are invited to attend the meeting President Toy announced there would be two (2) Public Hearings held on Wednesday, August 21, 2013, at 6 45 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan Regular Meeting Minutes of August 12, 2013 38753 Petition 2013-06-01-03 submitted by Tim Horton's Café and Bake Shop, to rezone the property at 37685 Five Mile Road, located on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue in the Northeast 1/4 of Section 19, from C-1 (Local Business) to C-2 (General Business), and Application for Exemption of New Personal Property Under PA 328 of 1998 C R (Ranny) Dwiggins, Jr , Vice President and Chief Accounting Officer, Visotek, Inc.Nictor Technologies, Inc , re in connection with the unique high power laser systems for their facility located at 11700 Belden Ct., Livonia, MI 48150 (Industrial Development Overlay District#111) President Toy announced there would be three X-items addressed at the end of the Agenda During Audience Communication, Michael and Sheila Bernstein, 29247 Bretton Street, addressed Council to express their continued concern regarding parking at the Cantoro Market near their home and patrons blocking the right-of-way Mr Bernstein explained the parking situation has been ongoing and patrons of Cantoro's continue to block the street right-of-way next to his home and indicated he feels powerless over the situation and feels it creates great safety concerns for pedestrians and other drivers who live in the area On a motion by Robinson, seconded by Brosnan, it was RESOLVED, that having considered the concerns expressed by Michael and Sheila Bernstein, 29247 Bretton Street, Livonia, regarding patrons of Cantoro Market parking in the right-of-way and adjacent to their residential property, the Council does hereby refer this subject matter to the Committee of the Whole for its report and recommendation Following discussion by Council, Robinson and Brosnan then withdrew their motions On a motion by Brosnan, seconded by Robinson, it was RESOLVED, that having considered the concerns expressed by Michael and Sheila Bernstein, 29247 Bretton Street, Livonia, regarding patrons of Cantoro Market parking in the right-of-way and adjacent to their residential property, the Council does hereby refer this subject matter to the Administration to contact Wayne County to see what is planned for the County right-of-way adjacent to the Cantoro Market. Following discussion by Council, Brosnan and Robinson then withdrew their motions Regular Meeting Minutes of August 12, 2013 38754 A communication from the Department of Finance, dated June 22, 2013, re forwarding various financial statements of the City of Livonia for the month ending June 30, 2013, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Brosnan, it was #251-13 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated June 26, 2013, requesting permission to close Sussex between Fitzgerald and Sherwood, on Saturday, September 7, 2013, from 1 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 8, 2013, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #252-13 RESOLVED, that having considered a communication from the City Clerk, dated July 1, 2013, forwarding an application submitted by Anne Laurain, 15021 Heyer Street, Livonia, Michigan 48154, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #253-13 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated June 24, 2013, approved for submission by the Mayor, to which is attached a list of recommended quarterly budget adjustments required for the second quarter of the 2013 Fiscal Year budget, the Council does hereby authorize said budget adjustments and transfers in the manner and form set forth in the attachment. A communication from the Board of Trustees, Livonia Employees Retirement System, dated June 24, 2013, re Livonia Employees Retirement System 60th Annual Actuarial Valuation Report of the Defined Benefit (DB) Plan as of November 30, 2012, was received and placed on file for the information of the Council A communication from the Board of Trustees, Livonia Employees Retirement System, dated June 24, 2013, re Livonia Retiree Health and Disability Regular Meeting Minutes of August 12, 2013 38755 Benefits Plan and Trust (VEBA) 15th Annual Actuarial Valuation Report as of November 30, 2012, was received and placed on file for the information of the Council #254-13 RESOLVED, that having considered a communication from the Chief of Police, dated June 24, 2013, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, to which is attached a Memorandum of Understanding between Wayne County Department of Homeland Security and the City of Livonia, the Council hereby authorizes participation in the Justice Assistance Grant (JAG) Program and does, for and on behalf of the City of Livonia, accept the 2009 Justice Assistance Grant in the amount of $19,971 00, to be used to purchase law enforcement equipment, the same to be deposited in Account No 223-775-971-000 and appropriated for its intended purposes, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Robinson, Brosnan, McCann, Laura, and Toy NAYS None A communication from the Department of Information Systems, dated July 17, 2013, containing the handout entitled "Technology Update" presented at the Finance, Budget and Technology Committee meeting of July 17, 2013, was received and placed on file for the information of the Council (CR 161-12) Robinson provided a verbal update on Advance Budget Reviews and indicated the subject matter would remain in the Finance, Budget and Technology Committee at this time (CR 161-12) At 7 34 p m , Vice President Pastor stepped down from the podium to avoid any perceived conflict of interest. McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 26 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 Regular Meeting Minutes of August 12, 2013 38756 LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2013-04-01-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Brosnan, McCann, Laura, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Inspection Department, dated August 8, 2013, re addressing concerns as to whether logos on awnings are considered part of signage for the proposed development requested by TSFR Apple Venture, L L C for an Applebee's Restaurant to be located at 13301 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2013-06-02-14) A communication from Ryan Jones, Project Manager for TSFR Apple Venture, L L C , dated August 7, 2013, re providing revised Landscape Plan for the proposed development at 13301 Middlebelt Road to include Applebee's and Del Taco restaurants, was received and placed on file for the information of the Council (Petition 2013-06-02-14) On a motion by McCann, seconded by Laura, it was #255-13 RESOLVED, that having considered a communication from the City Planning Commission, dated July 10, 2013, which transmits its resolution 07-41-2013, adopted on July 9, 2013, with regard to Petition 2013-06-02-14, submitted by TSFR Apple Venture, L L.0 requesting waiver use approval to construct and operate a full service restaurant (Applebee's), located on the west side of Middlebelt Road between the CSX railroad right-of-way and Schoolcraft Road (13301 Middlebelt Road), in the Northeast 1/4 of Section 26, which property is currently being rezoned from M-1 to C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-06-02-14 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of August 12, 2013 38757 1 That the Dimension and Paving Plan marked Sheet C4 prepared by Professional Engineering Associates, dated June 26, 2013, as revised, is hereby approved and shall be adhered to, 2 That the revised Landscape Plan, as prepared by Professional Engineering Associates, Inc and received by the Office of the City Clerk on August 8, 2013, is hereby approved and shall be adhered to, 3 That the maximum customer seating count shall not exceed two hundred sixteen (216) seats, 4 That the Building Elevation Plan marked A4 2 prepared by Wah Yee Associates, dated June 7, 2013, as revised, is hereby approved and shall be adhered to, 5 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, 6 That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use, closed at all times, 7 That all pole mounted light fixtures shall not exceed a height of 20 feet above grade and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 8 That the proposed wall signs as shown on the referenced elevation plan are approved with this petition, subject to approval by Zoning Board of Appeals, and that provided the parcel is split such that Applebee's and the multi-tenant retail building are located on separate parcels, the Applebee's shall be allowed one (1) conforming ground/monument sign in the approximate location as shown on the approved site plan, and that any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 9 That except for the accent lighting on the awnings, there shall be no LED lightband or exposed neon permitted on this site including, but not limited to, the building or around the windows, and 10 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits Regular Meeting Minutes of August 12, 2013 38758 A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Brosnan, McCann, Laura, and Toy NAYS None The President declared the resolution adopted On a motion by Brosnan, seconded by Laura, it was #256-13 RESOLVED, that having considered a communication from the City Planning Commission, dated July 10, 2013, which transmits its resolution 07-43-2013, adopted on July 9, 2013, with regard to Petition 2013-06-02-15, submitted by TSFR Apple Venture, L L C requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a full service restaurant (Applebee's), located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road (13301 Middlebelt Road), in the Northeast 1/4 of Section 26, which property is currently being rezoned from M-1 to C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-06-02-15 is hereby approved and granted, subject to the following conditions 1 That the proposed use of a Class C license complies with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That the subject site has the capacity to accommodate the proposed Class C license, 3 That the proposed use of a Class C license is compatible to and in harmony with the surrounding uses in the area, and 4 That the proposed Class C licensed establishment would be utilized primarily as a restaurant A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Brosnan, McCann, Laura, and Toy NAYS None The President declared the resolution adopted A communication from Ryan Jones, Project Manager for Applebee's, dated August 7, 2013, re revised Landscaping Plan for Applebee's and Del Taco Regular Meeting Minutes of August 12, 2013 38759 restaurants located at 13301 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2013-06-02-16) On a motion by Brosnan, seconded by Robinson, it was #257-13 RESOLVED, that having considered a communication from the City Planning Commission, dated July 10, 2013, which transmits its resolution 07-45-2013, adopted on July 9, 2013, with regard to Petition 2013-06-02-16, submitted by TSFR Apple Venture, L L.0 requesting waiver use approval to construct a multi-tenant commercial buildings with a full service restaurant including drive-up window facilities (Del Taco), located on the west side of Middiebelt Road between the CSX railroad right-of-way and Schoolcraft Road (13301 Middlebelt Road), in the Northeast 1/4 of Section 26, which property is currently being rezoned from M-1 to C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-06-02-16 is hereby approved and granted, subject to the following conditions 1 That the Dimension and Paving Plan marked Sheet C4 prepared by Professional Engineering Associates, dated June 26, 2013, as revised, is hereby approved and shall be adhered to, 2 That the two spaces designated for drive-up window customers may be omitted only if this requirement is waived by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 3 That the revised Landscape Plan, as prepared by Professional Engineering Associates, Inc and received by the Office of the City Clerk on August 8, 2013, is hereby approved and shall be adhered to, 4 That the maximum customer seating count shall not exceed forty four (44) seats, 5 That the Building Elevation Plan marked A4 1 prepared by Wah Yee Associates, dated June 7, 2013, as revised, is hereby approved and shall be adhered to, 6 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, 7 That all pole mounted light fixtures shall not exceed a height of 20 feet above grade and shall be shielded to minimize glare trespassing on adjacent properties and roadway, Regular Meeting Minutes of August 12, 2013 38760 8 That the proposed wall signs as shown on the referenced elevation plan are approved with this petition, subject to approval by Zoning Board of Appeals, and that provided the parcel is split such that the multi-tenant retail building and Applebee's Restaurant are located on separate parcels, the multi-tenant retail building shall be allowed one (1) conforming ground/monument sign in the approximate location as shown on the approved site plan, and that any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 9 That except for the accent lighting on the awnings, there shall be no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 10 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits A roll call vote was taken on the foregoing resolution with the following result AYES Robinson, Brosnan, McCann, Laura, and Toy NAYS None The President declared the resolution adopted Vice President Pastor returned to the podium at 7 40 p m A communication from the Department of Law, dated July 31, 2013, re proposed amendment to Zoning Ordinance for Wright's Hardware located at 29150 Five Mile Road, was received and placed on file for the information of the Council (Petition 2013-04-01-02) Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 13 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 2013-04-01-02) Regular Meeting Minutes of August 12, 2013 38761 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting A communication from Michael C Beaubien, MKOS Real Estate, L L C and Mendelson Orthopedics and Spine Surgeons, dated August 5, 2013, re expressing desire to obtain Commercial Rehabilitation Exemption Certificate for full 10 years for development of property located at 36622 Five Mile Road, was received and placed on file for the information of the Council A communication from the Planning Department, dated July 22, 2013, re supplemental information concerning Commercial Rehabilitation Exemption Certificates and providing an estimate of the taxes both with and without the requested incentives based on the projected redevelopment of the property located at 36622 Five Mile Road, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Robinson, it was #258-13 WHEREAS, the City Clerk has received an Application for Commercial Rehabilitation Exemption Certificate from Michael C Beaubien, President MKOS Real Estate, L.L C , dated June 19, 2013, for the expansion and rehabilitation of the property located at 36622 Five Mile Road, Livonia, MI 48154 (Commercial Rehabilitation District #1), in the Southwest 1/4 of Section 17, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application and request has been received, and WHEREAS, the City Council has afforded Michael C Beaubien, President MKOS Real Estate, L.L C , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and request and said hearing having in fact been conducted at 7 00 p m , Tuesday, July 16, 2013, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Regular Meeting Minutes of August 12, 2013 38762 WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia after granting this certificate will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Michael C Beaubien, President MKOS Real Estate, L.L.0 , finds and determines (a) that the granting of this Commercial Rehabilitation Exemption Certificate-shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A 1974, as amended 2 That the City Council hereby approves the Application for Commercial Rehabilitation Exemption Certificate from Michael C Beaubien, President MKOS Real Estate, L L C , for the expansion and rehabilitation of the property located at 36622 Five Mile Road, Livonia, MI 48154 (Commercial Rehabilitation District #1), for 10 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Commercial Rehabilitation Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Commercial Rehabilitation Exemption Certificates A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Robinson, Brosnan, McCann, and Toy NAYS Laura The President declared the resolution adopted Michael Beaubien, MKOS Real Estate, L.L.0 , 14555 Levan Road, Suite 215, Livonia, was present to answer any questions of Council and thanked Council for their time, consideration and cooperation Regular Meeting Minutes of August 12, 2013 38763 On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #259-13 RESOLVED, that having considered a communication from the Fire Chief, dated July 9, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation, in the total amount of $2,000 00, from Livonia Towing for use by Livonia Fire & Rescue as indicated in the aforesaid communication, FURTHER., the Council does hereby appropriate and credit the amount of $2,000 00 to Account No 702 285-336 for the purposes as designated by the donor Shadd Whitehead, Fire Chief, addressed Council to thank the donor for their generous donation and indicated without the support of local community businesses, together with donations provided by residents, many of the community outreach events the Fire Department performs would not come to fruition On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #260-13 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda McCann gave a reading to the following Ordinance ORDINANCE NO 2945 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 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 Regular Meeting Minutes of August 12, 2013 38764 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" means the Series 2013 Bonds, together with the Outstanding Bonds and any additional bonds hereafter issued of equal standing with the Series 2013 Bonds (e) "Engineers" means Orchard, Hiltz & McCliment, Inc , consulting engineers of Plymouth, Michigan (f) "Issuer" means the City of Livonia, County of Wayne, State of Michigan (g) "MDEQ" means the Michigan Department of Environmental Quality, or its successor agency (h) "Outstanding Bonds" means the Series 2005 Bonds and the Series 2006 (i) "Prior Ordinance" means Ordinance No 2719, authorizing the issuance of the Outstanding Bonds (j) "Project" means the acquisition, construction, furnishing and equipping of additions, extensions and improvements to the City's Water Supply and Wastewater System, 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 (k) "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 2013 Bonds (I) "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 Ordinance and this Ordinance Regular Meeting Minutes of August 12, 2013 38765 (m) "Series 2005 Bonds" means the Issuer's Water Supply and Wastewater System Revenue Bonds, Series 2005, in the outstanding principal amount of $2,945,000 (n) "Series 2006 Bonds" means the Issuer's Water Supply and Wastewater System Revenue Refunding Bonds, Series 2006, in the outstanding principal amount of $3,535,000 (o) "Series 2013 Bonds" means the Issuer's Water Supply and Wastewater System Revenue Bond, Series 2013, in the principal amount of not to exceed $3,620,000 issued pursuant to this Ordinance (p) "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 and the principal and redemption premium, if any, on the 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 are to be called for redemption prior to maturity, irrevocable instructions to call the Bonds for redemption shall be given to the paying agent. (q) "Supplemental Agreement" means the supplemental agreement among the Issuer, the Authority and MDEQ relating to the Series 2013 Bonds (r) "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 State Revolving Fund financing program being administered by the MDEQ 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 an amount not to exceed Three Million Six Hundred Twenty Thousand Dollars ($3,620,000), including the payment of incidental expenses as specified in Section 4 of this Ordinance, which estimate of cost is hereby Regular Meeting Minutes of August 12, 2013 38766 approved and confirmed, and the period of usefulness of the Project is estimated to be not less than twenty-five (25) years /a. Section 4 Payment of Cost; Bonds Authorized To pay part of the cost of acquiring and constructing the Project, legal, engineering, financial and other expenses incident thereto and incident to the issuance and sale of the Series 2013 Bonds, the Issuer shall borrow the sum of not to exceed Three Million Six Hundred Twenty Thousand Dollars ($3,620,000), 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 2013 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 Ordinance shall apply to the Series 2013 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 additional revenue bonds of equal standing and priority of lien as to the Net Revenues with the Outstanding Bonds to finance the cost of acquiring and constructing additions, extensions and improvements to the System, such purpose being authorized by the provisions of the Prior Ordinance, upon the conditions therein stated, which conditions have been fully met. Section 5 Issuance of Series 2013 Bonds, Details The Series 2013 Bonds of the Issuer, to be designated WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BOND, SERIES 2013, are authorized to be issued in the aggregate principal sum of not to exceed Three Million Six Hundred Twenty Thousand Dollars ($3,620,000) as finally determined by order of the MDEQ 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 2013 Bonds The Series 2013 Bonds shall be payable out of the Net Revenues, as set forth more fully in Section 8 hereof The Series 2013 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 MDEQ at the time of sale of the Series 2013 Bonds and approved by the Authority and an Authorized Officer Principal installments of the Series 2013 Bonds shall be payable on April 1 of the years 2015 through 2034, inclusive, or such other payment dates as hereinafter provided Interest on the Series 2013 Bonds shall be payable on April 1 and October 1 of each year, commencing April 1, 2014 or on such other interest payment dates as hereinafter provided Final determination of the principal amount of and interest on the Series 2013 Bonds and the payment dates and amounts of principal installments of the Series 2013 Bonds shall be evidenced by execution of the Purchase Contract and each of the Authorized Officers is Regular Meeting Minutes of August 12, 2013 38767 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 April 1, 2014 and the final principal installment shall be due no later than October 1, 2034 and that the total principal amount shall not exceed $3,620,000 The Series 2013 Bonds shall bear interest at a rate of two half 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 2013 Bonds in accordance with the delivery instructions of the Authority The principal amount of the Series 2013 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 2013 Bonds shall not be convertible or exchangeable into more than one fully-registered bond Principal of and interest on the Series 2013 Bonds shall be payable as provided in the Series 2013 Bond form in this Ordinance The Series 2013 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 City Clerk 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 City Clerk. Upon payment by the Issuer of all outstanding principal of and interest on the Series 2013 Bonds, the Authority shall deliver the Series 2013 Bonds to the Issuer for cancellation Section 6 Execution of Series 2013 Bonds The Series 2013 Bonds shall be signed by the manual or facsimile signature of the Mayor and countersigned by the manual or facsimile signature of the City Clerk and shall have the corporate seal of the Issuer or a facsimile thereof impressed thereon The Series 2013 Bonds bearing the manual signatures of the Mayor and the City Clerk sold to the Authority shall require no further authentication Section 7 Registration and Transfer Any 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 for cancellation, accompanied by delivery of a duly executed written instrument of transfer Regular Meeting Minutes of August 12, 2013 38768 in a form approved by the transfer agent. Whenever any Bond or Bonds shall be surrendered for transfer, the Issuer shall execute and the transfer agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. The transfer agent shall require payment by the 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 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 2013 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 so selected for redemption in whole or in part, except the unredeemed portion of 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, 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 as hereinbefore provided If any Bond shall become mutilated, the Issuer, at the expense of the holder of the Bond, shall execute, and the transfer agent shall authenticate and deliver, a new Bond of like tenor in exchange and substitution for the mutilated Bond, upon surrender to the transfer agent of the mutilated Bond If any 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 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 so lost, destroyed or stolen If any such Bond shall have matured or shall be about to mature, instead of issuing a substitute Bond the transfer agent may pay the same without surrender thereof Section 8 Payment of Series 2013 Bonds, Security; Priority of Lien Principal of and interest on the Series 2013 Bonds shall be payable 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 equal in standing with the lien of the Outstanding Bonds created by Regular Meeting Minutes of August 12, 2013 38769 the Prior Ordinance, to continue until payment in full of the principal of and interest on all Bonds payable from the Net Revenues, or until sufficient cash or Sufficient Government Obligations have been deposited in trust for payment in full of all Bonds of a series then outstanding, principal and interest on such Bonds 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 that series of Bonds, the holders of that series shall have no further rights under the Prior Ordinance or this Ordinance except for payment from the deposited funds, and the Bonds of that series shall no longer be considered to be outstanding under the Prior Ordinance or this Ordinance 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 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 person, firm, or corporation, public or private, or to any public agency or instrumentality, including the Issuer Section 11 Funds and Accounts, Flow of Funds, Bond and Interest Redemption Fund The funds and accounts established by the Prior Ordinance are hereby continued, the flow of funds established by the Prior Ordinance is hereby continued, and the applicable sections of the Prior Ordinance relating to funds and accounts and flow of funds are incorporated herein by reference as if fully set forth Section 12 Bond Proceeds The proceeds of the sale of the Series 2013 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 WATER SUPPLY AND WASTEWATER SYSTEM 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 Regular Meeting Minutes of August 12, 2013 38770 Section 13 Bond Form The Series 2013 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 further subject to such modifications which may be required by the Michigan Attorney General and the Authority and approved by bond counsel Regular Meeting Minutes of August 12, 2013 38771 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BOND, SERIES 2013 REGISTERED OWNER Michigan Finance Authority PRINCIPAL AMOUNT Three Million Six Hundred Twenty Thousand Dollars ($3,620,000) DATE OF ORIGINAL ISSUE September 17, 2013 The CITY OF LIVONIA, County of Wayne State of Michigan (the "City"), acknowledges itself to owe and for value received hereby promises to pay, solely out of the hereinafter described Net Revenues of the City'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 City pursuant to a Purchase Contract between the City and the Authority and a Supplemental Agreement by and among the City, 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 City under this Bond, the Authority will periodically provide to the City 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 City of its obligation to repay the outstanding Principal Amount actually advanced, 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 $3,620,000 is disbursed to the City or if a portion of the Principal Amount is prepaid 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 April 1, 2014 and semiannually thereafter on the first day of April and October of each year, and principal is payable on the first day of April commencing April 1, 2015 and annually thereafter, as set forth in the Purchase Contract. Regular Meeting Minutes of August 12, 2013 38772 The Bond may be subject to redemption prior to maturity by the City only with the prior written consent of the Authority and on such terms as may be required by the Authority 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 City by the Authority (the "Authority's Depository"), (b) the City 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 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 City's deposit by 12 00 noon on the scheduled day, the City 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 City 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 City'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 City shall and hereby agrees to pay on demand only the City'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 City has irrevocably pledged the revenues of the Water Supply and Wastewater System of the City, 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 which is of equal standing and priority of lien as to the prior lien of the City's Water Supply and Wastewater System Revenue Bonds, Series 2005 and the City's Water Supply and Regular Meeting Minutes of August 12, 2013 38773 Wastewater System Revenue Refunding Bonds, Series 2006 (collectively, the "Outstanding Bonds") This bond is a single, fully-registered, non-convertible bond in the principal sum indicated above issued pursuant to Ordinance No 2945 duly adopted by the City Council of the City (the "Ordinance") and Ordinance No 2719 authorizing issuance of the Outstanding Bonds (the "Prior Ordinance"), 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 City 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 Ordinance and the Prior Ordinance This bond is a self-liquidating bond, payable, both as to principal and interest, solely and only from the Net Revenues of the Water Supply and Wastewater System The principal of and interest on this bond are secured by the statutory lien hereinbefore mentioned The City 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 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 Ordinance and the Prior Ordinance This bond is transferable only upon the books of the City 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 the Prior Ordinance, and upon payment of the charges, if any, therein prescribed It is hereby certified and recited that all acts, conditions and things required by thow 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 Regular Meeting Minutes of August 12, 2013 38774 IN WITNESS WHEREOF, the City, by its City Council has caused this bond to be executed with the manual signatures of its Mayor and its City Clerk and the corporate seal of the City to be impressed hereon, all as of the Date of Original Issue CITY OF LIVONIA County of Wayne State of Michigan By Its Mayor (Seal) Countersigned By Its City Clerk Regular Meeting Minutes of August 12, 2013 38775 DEQ Project No 5543-01 DEQ Approved Amt: $3,620,000 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 City 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 City and described below provides for payment of a total principal amount greater than the amount of assistance approved by the Order or(2) that less than the principal amount of assistance approved by the Order is disbursed to the City by the Authority, the Authority shall prepare a new payment schedule which shall be effective upon receipt by the City Maturity Date Principal Amount April 1, 2015 $125,000 April 1, 2016 145,000 April 1, 2017 155,000 April 1, 2018 160,000 April 1, 2019 160,000 April 1, 2020 165,000 April 1, 2021 170,000 April 1, 2022 175,000 April 1, 2023 175,000 April 1, 2024 180,000 April 1, 2025 185,000 April 1, 2026 185,000 April 1, 2027 190,000 April 1, 2028 195,000 April 1, 2029 200,000 April 1, 2030 205,000 April 1, 2031 205,000 April 1, 2032 210,000 April 1, 2033 215,000 April 1, 2034 220,000 Interest on the bond shall accrue on that portion of principal disbursed by the Authority to the City pursuant to the Order from the date such portion is disbursed, until paid, at the rate of 2 00% per annum, payable April 1, 2014, and semi-annually thereafter The City agrees that it will deposit with The Bank of New York Mellon Trust Company, N.A., or at such other place as shall be designated in writing to the City by the Authority(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 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 City's deposit by 12.00 noon on the scheduled day, the City 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. Regular Meeting Minutes of August 12, 2013 38776 Section 14 Bondholders' Rights, Receiver The holder or holders of the 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 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 Series 2013 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 Series 2013 Bonds shall have all other rights and remedies given by Act 94 and law, for the payment and enforcement of the Series 2013 Bonds and the security therefor Section 15 Negotiated Sale, Application to MDEQ 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 2013 Bonds to the Authority because the State 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 MDEQ for placement of the Series 2013 Bonds with the Authority The actions taken by the Authorized Officers with respect to the Series 2013 Bonds prior to the adoption of this Ordinance are ratified and confirmed The Authorized Officers are authorized to execute and deliver the Purchase Contract, the Supplemental Agreement and the Issuer's Certificate Any Authorized Officers is further authorized to execute and deliver such contracts, documents and certificates as are necessary or advisable to qualify the Series 2013 Bonds for the State Revolving Fund Prior to the delivery of the Series 2013 Bonds to the Authority, any Authorized Officer is hereby authorized to make such changes to the form of the Series 2013 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 to changes in the principal maturity and interest payment dates and references to additional security required by Act 227 Section 16 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 Regular Meeting Minutes of August 12, 2013 38777 2013 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 2013 Bonds proceeds and moneys deemed to be Bond proceeds Section 17 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 State Revolving Fund program which may include advising the Authority with respect to this borrowing Section 18 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 2013 Bonds issued shall not exceed the principal amount authorized in this Ordinance, the interest rate per annum on the Series 2013 Bonds shall not exceed two percent (2 00%) per annum, and the Series 2013 Bonds shall mature in not more than twenty (20) annual installments Section 19 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 20 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 21 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 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 22 Effective Date This Ordinance shall be effective upon its adoption and publication Regular Meeting Minutes of August 12, 2013 38778 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Pastor, Robinson, Brosnan, McCann, Laura, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #261-13 RESOLVED, that having considered an application from Fred Florkowski, dated August 12, 2013, requesting permission to close Grantland between Arcola and Cavell, on Saturday, August 17, 2013, from 3 00 p m to 8 30 p m for the purpose of conducting an open house for the Motor City Youth Theatre, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department Fred Florkowski, 27555 Grantland, Motor City Youth Theater, was present to answer any questions of Council and thanked Council for their time and consideration On a motion by McCann, seconded by Laura, and unanimously adopted, it was #262-13 RESOLVED, that having considered a letter from Justin Ellsworth, dated August 8, 2013, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, in connection with the showing of a family friendly movie they are planning on Friday, August 23, 2013, at Rudy Kleinert Park, including therein permission to conduct the said affair on Saturday, August 24, 2013, in the event of inclement weather, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances connection with this event to be held on Friday, August 23, 2013, FURTHER, the Council does hereby waive the requirement of obtaining permission from the Parks and Recreation Commission to operate in a public park after dusk on said date Justin Ellsworth, 9845 Berwick, Old Rosedale Gardens Homeowners Association, was present to answer any questions of Council and thanked Council for their time and consideration Julie Noble, 9906 Hubbard, expressed concerns regarding the proposed "movie night" at Rudy Kleinert Park and stated immediate neighbors of the park were not consulted Regular Meeting Minutes of August 12, 2013 38779 and felt the noise level may be disruptive to residents of the Old Rosedale neighborhood Ms Noble inquired if the events requested would be better suited for a L larger park that had power and was more conducive to what was being presented There was no Audience Communication at the end of the meeting On a motion by Pastor, seconded by McCann, and unanimously adopted, this 1,734th Regular Meeting of the Council of the City of Livonia was adjourned at 8 13 pm Q , Te A. Marecki, City Clerk