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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-08-28 33678 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-FIRST REGULAR MEETING OF AUGUST 28, 2002 On August 28, 2002, 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 8 00 p m Councilmember Brosnan delivered the invocation Roll was called with the following result. Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor and Jack Engebretson Absent: Joe Laura — business conflict— out-of-town Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Dave Woodcox, Director of Building Inspection, Michael Slater, Director of Finance, Jim Inglis, Executive Director of Housing, John Pastor, Planning Commission and Ian Wilshaw, Traffic Commission On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 436-02 RESOLVED, that the minutes of the 1,470th Regular Meeting of the Council held August 12, 2002 are hereby approved as submitted During the audience communication portion of the agenda, John Sparkman, 15057 Yale, 48150, spoke against churches in the community receiving municipal services Mayor Jack Kirksey announced that there are several 9/11 observances being held in the City to which the residents can avail themselves, and his office will coordinate and share this information with the media Dianne Zureki, 14232 Sunbury, 48154, presented her request for a block party on Sunbury On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was Regular Meeting of August 28, 2002 33679 CR 437-02 RESOLVED, that having considered an application from Dianne Zureki, 14232 Sunbury, dated August 26, 2002, requesting permission to close Sunbury between Buckingham and Meadowlark on Saturday, September 14, 2002, from 3.00 p m to 1000 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 Saturday, September 21, 2002, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. John Pastor, 31140 Lyndon, Planning Commission, accompanied by his daughter, Rachael, announced that Rachael had entered the Miss Michigan Princess Pageant and was awarded the 1st runner-up prize, as well as being crowned Miss Hostess in the Princess category She has chosen to represent the City of Livonia at an upcoming contest in Orlando On a motion by Brosnan, seconded by Dolan, it was CR 438-02 RESOLVED, that having considered an application from Colleen Green, 30891 Orangelawn, dated August 1, 2002, requesting permission to close Orangelawn between Sunset and Denne on Saturday, September 7, 2002, from 12.00 noon to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 439-02 RESOLVED, that having considered an application from Deb Strautz, 36142 Roycroft, dated August 6, 2002, requesting permission to close Woodside from Roycroft to Sherwood on Sunday, September 15, 2002, from 1.O0 p m to 4.00 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 22, 2002, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 440-02 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated August 12, 2002, requesting permission to close Sussex Street between Sherwood and the curve at Roycroft on Saturday, September 7, 2002, from 2 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, 2002, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Regular Meeting of August 28, 2002 33680 CR 441-02 RESOLVED, that having considered an application from Nimoza Favazza, 14052 Cranston, dated August 13, 2002, requesting permission to close Cranston between Perth and Scone on Saturday, September 14, 2002, from 1.00 pm to 8 30 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 15, 2002, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 442-02 RESOLVED, that having considered a letter from Karen R. Quenneville and Kathy Buddenborg, Co-Chairpersons of the Churchill High School 11th Annual PTSA Arts & Crafts Show, dated July 15, 2002, which requests permission to display 41 wire signs announcing Churchill's Arts & Crafts Show to be conducted on Saturday, October 19, 2002, which signs are to be 22" x 28" in size and which will be displayed at all major intersections of the City no earlier than Saturday, October 5, 2002, and removed no later than Sunday, October 20, 2002, the Council does hereby grant and approve this request in the manner and form herein submitted CR 443-02 RESOLVED, that having considered a letter from Vicki Reault, representing Newburg United Methodist Church, dated August 1, 2002, which requests permission to display approximately 20 signs announcing the Newburg United Methodist Church Rummage Sale to be conducted on Friday, October 4, 2002, and Saturday, October 5, 2002, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City of Livonia, no earlier than Friday, September 27, 2002, and removed no later than Sunday, October 6, 2002, the Council does hereby grant and approve this request in the manner and form herein submitted CR 444-02 RESOLVED, that having considered a letter from Kevin M Priddy, representing the Livonia Jaycees, dated August 12, 2002, which requests permission to display 10 signs announcing the Livonia Jaycees Annual Haunted House, which signs are to be 24" x 36" in size and which will be displayed at various locations in the city from Thursday, October 3, 2002 and removed no later than Friday, November 1, 2002, the Council does hereby grant and approve this request in the manner and form herein submitted CR 445-02 RESOLVED, that having considered a letter from Karen Baird, representing Kennedy Girl Scout Troop 1157, dated August 15, 2002, which requests permission to display seven (7) signs announcing their bottle drive to be held on Saturday, September 7, 2002, which signs are to be 18" x 24" in size and which will be displayed at various locations in the Regular Meeting of August 28, 2002 33681 city from Wednesday, September 4, 2002, through Sunday, September 8, 2002, the Council does hereby grant and approve this request in the manner and form herein submitted CR 446-02 RESOLVED, that having considered a letter from Kenneth J and Mary E Brach, 37754 Bristol, Livonia, Michigan 48154, dated June 12, 2002, requesting elimination of the sidewalk requirement with respect to the new construction located at 15558 Loveland, due to the tree located where the sidewalk should be poured, and the report and recommendation of the City Engineer, dated July 31, 2002, approved for submission by the Mayor, in connection therewith, the Council does hereby approve this request to waive the sidewalk requirement since it is not possible to locate the sidewalk safely between the street and the tree on the subject property; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that the tree in question ever dies or is removed CR 447-02 RESOLVED, that having considered Petition 2002-07-03-07, submitted by Jeff and Natalie Kwiecinski, dated July 17, 2002, wherein a request is submitted for the vacating of the southerly five (5) feet of a fifteen (15) foot wide easement along the rear of their property located at 37720 Northfield to allow for the installation of an in-ground swimming pool (Lot 17 in Stonehouse Estates Subdivision) in the Southeast 1/4 of Section 31, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance CR 448-02 RESOLVED, that having considered Petition 2002-07-03-08, submitted by Jeff and Julie Locklear, dated July 17, 2002, wherein a request is submitted for the vacating of the southerly five (5) feet of a fifteen (15) foot wide easement along the rear of their property located at 37676 Northfield to allow for the installation of an in-ground swimming pool (Lot 19 in Stonehouse Estates Subdivision) in the Southeast 1/4 of Section 31, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance CR 449-02 RESOLVED, that having considered Petition 2002-07-03-08, submitted by Jeff and Julie Locklear, dated July 17, 2002, wherein a request is submitted for the vacating of the southerly five (5) feet of a fifteen (15) foot wide easement along the rear of their property located at 37676 Northfield to allow for the installation of an in-ground swimming pool (Lot 19 in Stonehouse Estates Subdivision) in the Southeast 1/4 of Section 31, the Council does hereby refer the subject of charges imposed by utility companies for moving telephone lines and whether the City can Regular Meeting of August 28, 2002 33682 require Ameritech to lower the costs for this work to the Mayor for a report and recommendation A communication from the Livonia Housing Commission, dated July 25, 2002, re Notification of Award of Additional Funding through the Michigan State Housing Development Authority's Housing Resources Fund, to be used for the purpose of operating a Substantial Home Rehabilitation Loan Program, and is an Amendment to the Grant awarded on June 1, 2001, was received and placed on file for the information of the Council CR 450-02 WHEREAS, the City of Livonia is interested in the continuing effort to provide affordable housing opportunities for its low and very low income residents, WHEREAS, said City Council has reviewed and understands the content of the application for funding, WHEREAS, said City Council accepts the recommendation of the Housing Commission to apply for $249,500 00, and WHEREAS, said City Council authorizes the chief elected official to sign the application form as required, THEREFORE, BE IT RESOLVED that the City of Livonia authorizes the Housing Commission to prepare and submit the application for funding through the Michigan State Housing Development Authority's Housing Resources Fund CR 451-02 RESOLVED, by the City Council of the City of Livonia, that the annual Christmas Parade be, and hereby is approved for Saturday, November 23, 2002, beginning at 9.00 a m , and the Michigan Department of Transportation (MDOT) is hereby requested to allow the City of Livonia to close Plymouth Road from Merriman Road to Middlebelt Road between the hours of 8 30 a m and 11 00 a m or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure as to the State of Michigan only; and that Lieutenant Kevin Dawley is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, FURTHER, the City Clerk is hereby requested to forward a certified copy of this resolution to Lieutenant Kevin Dawley in order to be Regular Meeting of August 28, 2002 33683 included with the permit application to the Michigan Department of Transportation CR 452-02 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 1, 2002, which bears the signatures of the Director of Finance and the City Attorney and is approved for submission by the Mayor, the Council does hereby authorize the purchase of network support services for the Internal Computer Network for the Police Department from Nusoft Solutions, Inc , 6905 Telegraph Road, Suite 250, Bloomfield Hills, Michigan 48301, in the amount of $199,150 00, to be spread over five years as follows YEAR 1 $35,400 00 YEAR 2 $37,500 00 YEAR 3 $39,750 00 YEAR 4 $42,000 00 YEAR 5 $44,500 00 the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $35,400 00 to cover the first year's cost of this contract from Account No 101-306-851-010 for this purpose, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid bidder, with the understanding that the City retains the right to cancel the contract with a 30-day written notice to Nusoft Solutions, Inc., and to do all other things necessary or incidental to the full performance of this resolution A communication from Livonia Traffic Commission, dated July 20, 2002 - Administrative Response - re an update regarding left-turn phasing at the intersection of Five Mile and Merriman Roads, was received and placed on file for the information of the Council (CR 329-02) CR 453-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated July 30, 2002, which bears the signature of the Finance Director, and is approved for submission by the Mayor, the Council does hereby accept the proposal of Orchard, Hiltz & McCliment, Inc., 34935 Schoolcraft Road, Livonia, Michigan 48150, for the design of two crossovers on Five Mile Road near Hubbard Road in the amount of $29,200 00, the same to be appropriated and expended from the Michigan Transportation Fund (Major Road Account) for this purpose, FURTHER, the Council does hereby authorize the said proposal without competitive bidding for the Regular Meeting of August 28, 2002 33684 reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D.2 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the aforesaid proposal as well as to do all other things necessary or incidental to the full performance of this resolution CR 454-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated July 25, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a letter from Mark D Schultz, Supervisor, Public Safety, Livonia Public Schools, dated July 22, 2002, and a proposed Traffic Signal Agreement between the City of Livonia and the Wayne County Department of Public Services, and having considered the necessity of the installation of flashing beacons on Newburgh Road, at Holmes Middle School, the Council does hereby approve the proposed agreement in the manner and form herein submitted with the understanding that the Livonia Public Schools will reimburse the City for the cost of installation in the amount of $15,000 00, FURTHER, the City of Livonia shall accept responsibility for the maintenance and energy costs for the beacons at an approximate cost of $20 00 per month, and the Mayor and City Clerk are hereby authorized to execute the Traffic Signal Agreement between the City of Livonia and the Wayne County Department of Public Services for and on behalf of the City of Livonia, and the City Clerk is requested to send a certified copy of this resolution, together with the signed agreement, to the Wayne County Department of Public Services, Traffic Operations A communication from the Department of Law, dated August 12, 2002, - Administrative Response - re the subject of regulation of paintball activities in City parks in connection with complaints received with respect to this activity at Parkview Park located south of Seven Mile Road and east of Middlebelt Road, and the fact that paintball activities are already prohibited by City ordinance, was received and placed on file for the information of the Council (CR 339-02) CR 455-02 RESOLVED, that having considered a letter from the Department of Law, dated August 12, 2002, approved for submission by the Mayor, submitted pursuant to Council Resolution 339-02, regarding the regulation of paintball activities in City parks, the Council does hereby refer the subject of increased Police enforcement in City parks regarding paintball activities to the Mayor for a report and recommendation Regular Meeting of August 28, 2002 33685 A communication from Dianne Nay to Council President Jack Engebretson, dated August 12, 2002, re her resignation from the Zoning Board of Appeals and his acceptance of such resignation effective September 1, 2002, was received and placed on file for the information of the Council CR 456-02 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Thomas J Hagan, Jr 31062 Pembroke, Livonia, Michigan 48152, is hereby appointed to the Zoning Board of Appeals effective September 1, 2002, to fill the unexpired term of Dianne L Nay, ending July 12, 2003, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. CR 457-02 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, October 14, 2002, at TOO p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 2001-06-06-07, submitted by the City Planning Commission pursuant to Council Resolutions 395-01 and 423- 01, and pursuant to Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 10 02 and 10 03 of Article X and Section 11 02 of Article XI to make open-air sales of nursery stock, fruits and vegetables a permitted use for food stores, grocery stores and meat markets subject to certain restrictions contained in Section 10 03, the City Planning Commission in its resolution 7-94-2002 having recommended to the City Council that Petition 2001-06-06-07 be approved only with respect to amending Section 10 03(a) of Article X, C-1 District Regulations, Waiver Uses, so as to lengthen the outdoor sales and display season from April 1 though October 31 with the use remaining as a waiver use in the C-1 and C-2 districts, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a Regular Meeting of August 28, 2002 33686 statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, and Engebretson NAYS None Councilmember Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated August 26, 2002, re agreement by Time Warner Cable to pay an additional $25,000 00 to resolve outstanding cable franchise fees relative to a proposed cable franchise transfer to TWEAN Subsidiary, LLC, was received and placed on file for the information of the Council Regular Meeting of August 28, 2002 33687 On a motion by Vandersloot, seconded by Brosnan, it was CR 458-02 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated August 9, 2002, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, requesting authorization to retain legal services for the proposed cable franchise transfer from Time Warner Entertainment - Advance/Newhouse Partnership (TWE-A/N) to TWEAN, Subsidiary, LLC, the Council does hereby authorize the expenditure of a sum not to exceed $14,500 00 for consulting services provided by the law firm of Varnum, Riddering, Schmidt and Howlett, LLP, Bridgewater Place, P 0 Box 352, Grand Rapids, Michigan 49501-0352, from funds already budgeted in Account No 297-751-802-020 for this purpose A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan and Engebretson NAYS Taylor The President declared the resolution duly adopted A communication from Fountain Park Building Company, LLC, 32000 Northwestern Highway, #220, Farmington Hills, MI 48334, dated August 27, 2002, re request for site plan extensions for the commercial portions and residential portions of a planned development (Rosedale Town Square) to six months and one year, respectively, was received and placed on file for the information of the Council (Petition 1999-04-02-13) On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 459-02 RESOLVED, that having considered a communication from Steven Schafer, Fountain Park Building Company, LLC, dated July 29, 2002, requesting a one-year extension of waiver use Petition 1999-04-02- 13, previously approved by the City Council in Council Resolution 522-01, to construct a planned residential development (Rosedale Town Square) on property located on the east side of Farmington Road, north of Plymouth Road in the Southwest 1/4 of Section 27, the Council does Regular Meeting of August 28, 2002 33688 hereby grant the requested extension for a six-month period, subject to compliance with all of the conditions set forth in the original waiver use approval A communication from Fountain Park Building Company, LLC, 32000 Northwestern Highway, #220, Farmington Hills, Ml 48334, dated August 27, 2002, re request for site plan extensions for the commercial portions and residential portions of a planned development (Rosedale Town Square) to six months and one year, respectively, was received and placed on file for the information of the Council (Petition 1999-02-08-08) On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 460-02 RESOLVED, that having considered a communication from Steven Schafer, Fountain Park Building Company, LLC, dated July 29, 2002, requesting a one-year extension of the site plan for the commercial portion of this project in connection with Petition 1999-02-08-08 previously approved by the City Council in Council Resolution 523-01, to construct commercial buildings on property located at 33330 Plymouth Road in the Southwest 1/4 of Section 27, the Council does hereby grant the requested extension for a six-month period, subject to the following condition That the developer and/or his successors or assigns will develop the commercial portion of this project in conjunction with the planned residential development (Petition 1999-04- 02-13) previously approved by the City Council by installing infrastructure simultaneously Steve Schafer, Fountain Park Building Company, LLC, was present at the meeting to answer questions of the Council A communication from the Planning Commission, dated August 7, 2002, re valid protest being in effect relative to a proposed change of zoning submitted by Zef Martin lvezaj for property located on the south side of Eight Mile Road between Gill Regular Meeting of August 28, 2002 33689 and Ellen Roads, was received and placed on file for the information of the Council (Petition 2002-04-01-05) On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 461-02 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 2002, which sets forth its resolution 05-60-2002, adopted on May 7, 2002, with regard to Petition 2002-04-01-05, submitted by Zef Martin Ivezaj, for a change of zoning of property located on the south side of Eight Mile Road between Gill and Ellen Roads in the Northwest 1/4 of Section 4 from RUF to RC, and the Council having conducted a public hearing with regard to this matter on August 7, 2002, pursuant to Council Resolution 304-02, the Council does hereby approve Petition 2002-04-01-05, as amended so as to rezone the property to R-4, for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A communication from the Inspection Department, dated August 20, 2002, re an inspection at 31800 Norfolk and the Department's opinion that the house should be condemned, was received and placed on file for the information of the Council (Petition 2002-04-01-06) A communication from the Department of Law, dated August 15, 2002, re "spot zoning" and its dangers, relative to a proposed rezoning of properties at 31790, 31800, 31780, 31710, 31785 and 31789 Norfolk Avenue, was received and placed on file for the information of the Council (Petition 2002-04-01-06) A communication from the Department of Law, dated August 14, 2002, re clarifying this department's role in the involvement of a proposed rezoning of properties Regular Meeting of August 28, 2002 33690 at 31790, 31800, 31780, 31710, 31785 and 31789 Norfolk Avenue, was received and placed on file for the information of the Council (Petition 2002-04-01-06) A petition with 100 signatures, received on August 8, 2002, re support of proposed zoning change on properties located at 31790, 31800, 31780, 31710, 31785 and 31789 Norfolk Avenue, was received and placed on file for the information of the Council (Petition 2002-04-01-06) On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was CR 462-02 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 2002, which sets forth its resolution 05-61-2002, adopted on May 7, 2002, with regard to Petition 2002-04-01-06, submitted by Timothy and Carol McGee, Mamie Tansley, Jude and Rebecca Mansilla and James Tyler, for a change of zoning of property at 31790, 31800, 31780, 31710, 31785 and 31789 Norfolk Avenue, located on the north and south sides of Norfolk Avenue between Osmus and Parker Avenues in the Northeast 1/4 of Section 3, from R-3 to R-2, and the Council having conducted a public hearing with regard to this matter on August 7, 2002, pursuant to Council Resolution 304-02, the Council does hereby reject the recommendation of the Planning Commission and Petition 2002-04-01-06 is hereby denied for the following reasons 1 That the proposed change of zoning will provide for lot sizes that are smaller than the prevailing lot sizes in the surrounding area, 2 That the proposed zoning district is inconsistent with the predominate R-3 zoning in the area, and 3 That the proposed change of zoning is not necessary for the continued use of the subject property for residential purposes On a motion by Taylor, seconded by Brosnan, it was CR 463-02 RESOLVED, that in connection with Petition 2002-04-01-06, the Council does hereby refer the subject of the condemnation of the house at 31800 Norfolk to the Inspection Department. A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting of August 28, 2002 33691 AYES Brosnan, Vandersloot, Dolan, Taylor and Engebretson NAYS Knapp The President declared the resolution duly adopted On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was ORDINANCE NO. 2574 AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE REFUNDING BONDS TO PAY THE COST OF REFUNDING ALL OR PART OF THE CITY OF LIVONIA'S (A) WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BONDS, SERIES 1993 AND (B) WATER SUPPLY AND WASTEWATER SYSTEM REVENUE REFUNDING BONDS, SERIES 1994, TO PRESCRIBE THE FORM OF THE REFUNDING 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 REFUNDING BONDS AND CERTAIN OUTSTANDING BONDS OF EQUAL STANDING OF THE SYSTEM, TO PROVIDE AN ADEQUATE RESERVE FUND FOR THE REFUNDING BONDS AND OUTSTANDING lrr, BONDS OF THE SYSTEM, TO PROVIDE FOR THE SEGREGATION AND DISTRIBUTION OF THE REVENUES, TO PROVIDE FOR THE RIGHTS OF THE HOLDERS OF THE REFUNDING BONDS AND OUTSTANDING BONDS OF THE SYSTEM IN ENFORCEMENT THEREOF, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE SYSTEM AND THE REFUNDING BONDS AND OUTSTANDING BONDS OF 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) "Bonds" mean the Refunding Bonds, and any additional Bonds presently of equal standing or hereafter issued (c) "Bond Purchase Agreement" means the Bond Purchase Agreement relating to the purchase of the Refunding Bonds by and between the City and the Underwriter Regular Meeting of August 28, 2002 33692 (d) "Escrow Agent" means Bank One Trust Company, National Association, Detroit, Michigan * (e) "Issuer" or "City" means the City of Livonia, County of Wayne, State of Michigan (f) "Mandatory Redemption Requirements" means the mandatory prior redemption requirements for Bonds that are term Bonds, if any, as specified in the Bond Purchase Agreement relating to the Refunding Bonds or in any subsequent Ordinance in connection with the issuance of additional bonds (g) "1993 Bonds" means the Issuer's Water Supply and Wastewater System Revenue Bonds, Series 1993, dated August 1, 1993, in the outstanding principal amount of Four Million One Hundred Twenty- Five Thousand Dollars ($4,125,000), which bonds mature serially on November 1st of each of the years 2002 to 2012, inclusive. (h) "1994 Bonds" means the Issuer's Water Supply and Wastewater System Revenue Refunding Bonds, Series 1994, dated January 1, 1994, in the outstanding principal amount of Five Million Eight Hundred Ninety Thousand Dollars ($5,890,000), which bonds mature serially on November 1st of each of the years 2002 to 2009, inclusive (i) "2000 Bonds" means the Issuer's Water Supply and Wastewater System Revenue Bonds, Series 2000, dated October 1, 2002, in the outstanding principal amount of Four Million Nine Hundred Twenty-Five Thousand Dollars ($4,925,000), which bonds mature serially on November 1st of each of the years 2002 to 2020, inclusive Q) "Outstanding Bonds" means the 1993 Bonds, 1994 Bonds and the 2002 Bonds (k) "Outstanding Ordinances" means Ordinances Nos 1958, 2015, 2179, 2195 and 2500 (I) "Refunding Bonds" means the Water Supply and Wastewater System Revenue Refunding Bonds, Series 2002 of the Issuer authorized by this Ordinance (m) "Refunded Bonds" means (a) all or a portion of the 1993 Bonds as shall be finally identified in the Sales Resolution referred to herein, but preliminarily refers to those 1993 Bonds maturing in the years 2003 to 2012, inclusive, aggregating the principal amount of Four Regular Meeting of August 28, 2002 33693 Million Dollars ($4,000,000) and (b) all or a portion of the 1994 Bonds as shall be finally identified in the Sales Resolution referred to herein, but preliminary refers to those 1994 Bonds maturing in the years 2003 to 2009, inclusive, aggregating the principal amount of Five Million Two Hundred Sixty-Five Thousand Dollars ($5,265,000) (n) "Revenues" and "Net Revenues" mean 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 Outstanding Ordinances and this Ordinance (o) "Sales Resolution" means the Sales Resolution to be adopted by the Issuer respecting the sale of the Refunding Bonds (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) "System" means the complete Water Supply and Wastewater System of the City of Livonia, as defined in the Outstanding Ordinances (r) "Transfer Agent" means Bank One Trust Company, National Association, Detroit, Michigan (s) "Underwriter" means Robert W Baird & Co Incorporated, as the managing Underwriter purchasing the Refunding Bonds Section 2 Necessity; Public Purpose It is hereby determined to be a necessary public purpose of the Issuer to refund the Refunded Bonds Section 3 Payment of Cost; Bonds Authorized To pay the costs associated with the refunding of the Refunded Bonds, including all legal, financial and other Regular Meeting of August 28, 2002 33694 expenses incident thereto and incident to the issuance and sale of the Bonds, the Issuer shall borrow the sum of not to exceed Ten Million Dollars ($10,000,000), as finally determined in the Sales Resolution and issue the Bonds therefor pursuant to the provisions of Act 94 The remaining costs, if any, of refunding the Refunded Bonds shall be defrayed from System funds on hand and legally available for such use, including moneys in the bond reserve account established for the Outstanding Bonds and the Refunded Bonds Section 4 Bond Details, Registration and Execution The Bonds hereby authorized shall be designated WATER SUPPLY AND WASTEWATER SYSTEM REVENUE REFUNDING BONDS, SERIES 2002, shall be payable solely and only out of the Net Revenues, as set forth more fully herein, shall consist of bonds of the denomination of $5,000, or integral multiples of $5,000 not exceeding in any one year the amount maturing in that year, dated as of October 1, 2002 or such later date as shall be determined in the Sales Resolution, numbered in order of authentication, and shall mature on November 1St in the years 2003 to 2012, inclusive, or such other years of maturity as shall be determined in the Sales Resolution The Bonds shall bear interest at a rate or rates set forth in the Bond Purchase Agreement determined on sale thereof, but in any event not exceeding 6% per annum, payable on May 1 and November 1 of each year, commencing May 1, 2003, or such other date as shall be determined in the Sales Resolution, by check or draft mailed by the Transfer Agent to the person or entity which is, as of the 15th day of the month preceding the interest payment date, the registered owner at the registered address as shown on the registration books of the Issuer maintained by the Transfer Agent. The date of determination of registered owner for purposes of payment of interest as provided in this paragraph may be changed by the Issuer to conform to market practice in the future The principal of the Bonds shall be payable at the principal corporate trust office of the Transfer Agent. The Bonds shall be sold at the price set forth in the Bond Purchase Agreement. The Bonds may be subject to redemption prior to maturity at the times and prices and in the manner finally determined by the City Council in the Sales Resolution In case less than the full amount of an outstanding Bond is called for redemption, the Transfer Agent upon presentation of the Bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond in the principal amount of the portion of the original bond not called for redemption Notice of redemption shall be given in the manner specified in the form of the Bonds contained in Section 13 of this Ordinance The Bonds shall be executed in the name of the Issuer with the facsimile signatures of the Mayor and the City Clerk and shall have a facsimile of the Issuer's seal printed on them No Bond shall be valid until authenticated by an authorized signer of the Transfer Agent. The Bonds shall be delivered to the Transfer Agent for authentication and be delivered by the Transfer Agent to the Underwriter in accordance with instructions from the Finance Director of the Issuer upon payment of the purchase Regular Meeting of August 28, 2002 33695 price for the Bonds in accordance with the bid therefor when accepted Executed blank bonds for registration and issuance to transferees shall simultaneously, and from time to time thereafter as necessary, be delivered to the Transfer Agent for safekeeping Section 5 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 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 Transfer Agent 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 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 Regular Meeting of August 28, 2002 33696 The Bonds may be issued in book-entry-only form through the Depository Trust Company in New York, New York ("DTC") and any officer of the City is authorized to execute such custodial or other agreement with DTC as may be necessary to accomplish the issuance of the Bonds in book-entry-only form and to make such changes in the Bond form with the parameters of this resolution as may be required to accomplish the foregoing Section 6 Payment of Bonds The Bonds and the interest thereon shall be payable solely and only from the Net Revenues, and to secure such payment, there is hereby recognized a statutory lien upon the whole of the Net Revenues which shall be a first lien 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 The statutory first lien referred to herein shall be of equal standing and priority with the Outstanding Bonds which are not being refunded with the Bonds 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 this Ordinance or the Outstanding Ordinances except for payment from the deposited funds, and the Bonds of that series shall no longer be considered to be outstanding under this Ordinance or the Outstanding Ordinances Section 7 Bondholders' Rights, Receiver The holder or holders of the Bonds representing in the aggregate not less than twenty percent (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 on the 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 shall have all other rights and remedies given by Act 94 and law, for the payment and enforcement of the Bonds and the security therefor Section 8 Rates and Charges The rates and charges for service furnished by and the use of the System and the methods of collection and enforcement of the Regular Meeting of August 28, 2002 33697 collection of the rates shall be those in effect on date even herewith, as the same may be increased from time to time Section 9 No Free Service or Use No free service or use of the System, or service or use of the System at less than the reasonable cost and value thereof, 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 10 Fixing and Revising Rates The rates presently in effect in the City 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 and the Outstanding Bonds as the same become due and payable, and the maintenance of the reserve therefor and to provide for all other obligations, expenditures and funds for the System required by law, this Ordinance, and the Outstanding Ordinances The rates shall be reviewed not less than once a year and shall be fixed and revised from time to time as may be necessary to produce these amounts, and it is hereby covenanted and agreed to fix and maintain rates for services furnished by the System at all times sufficient to provide for the foregoing Section 11 Bond Reserve Account. The Reserve Account in the Bond and Interest Redemption Fund, as established by the Outstanding Ordinances shall be adjusted in such amounts so that said Bond Reserve Account shall comprise a sum equal to the lesser of (a) the largest annual debt service requirement on the Bonds and the Outstanding Bonds, (b) 10% of the principal amount of the Bonds and the Outstanding Bonds, or (c) 125% of the average annual debt service on the Bonds and the Outstanding Bonds In the event that the amount in said Reserve Account is greater than the lesser of the above three tests, such excess amount shall be promptly transferred to the Receiving Fund at the end of each fiscal year In addition, if deemed necessary or appropriate in connection with the issuance of the Bonds, moneys shall be transferred from the Bond Reserve Account to the Escrow Fund in an amount required by federal law Section 12 Bond Proceeds From the proceeds of the sale of the Refunding Bonds there shall be immediately deposited in the Redemption Fund an amount equal to the accrued interest and premium, if any, received on the delivery of the Refunding Bonds Certain of the proceeds of the Refunding Bonds and, if deemed necessary or advisable by the Issuer, moneys on hand in the Bond Reserve Account and/or Bond and Interest Redemption Fund, shall be deposited in an escrow fund or funds (the "Escrow Fund") consisting of cash and investments in direct obligations of or obligations of the principal of and interest on which are unconditionally guaranteed by the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing not redeemable at the option of the Issuer in amounts fully sufficient to pay the principal, interest and redemption premiums on the Refunded Bonds, which are to be refunded hereunder and shall be used only for such purposes Regular Meeting of August 28, 2002 33698 The Escrow Fund shall be held by the Escrow Agent pursuant to an escrow agreement (the "Escrow Agreement") which shall irrevocably direct the Escrow Agent to take all necessary steps to pay the principal of and interest on the Refunded Bonds when due and to call the Refunded Bonds for redemption on the first call date, as specified by the Issuer The amounts held in the Escrow Fund shall be such that the cash and investments and income received thereon will be sufficient without reinvestment to pay the principal, interest and redemption premiums on the Refunded Bonds when due at maturity or by call for redemption as required by the Sales Resolution The remaining proceeds of the Bonds shall be used to pay the costs of issuance of the Bonds Any proceeds in excess of the proceeds deposited in the Escrow Fund or required to pay costs of issuance shall be deposited in the Redemption Fund and used to pay interest on the Bonds on the next available interest payment date The Mayor, City Attorney, Finance Director and City Clerk of the Issuer are each authorized to negotiate an Escrow Agreement on behalf of the Issuer Section 13 Bond Form The Bonds shall be in substantially the following form UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA WATER SUPPLY AND WASTEWATER SYSTEM REVENUE REFUNDING BOND, SERIES 2002 Interest Maturity Date of Original Rate Date Issue CUSIP November 1, October 1, 2002 REGISTERED OWNER. PRINCIPAL AMOUNT DOLLARS The City of Livonia, County of Wayne, State of Michigan (the "Issuer"), for value received, hereby promises to pay, solely and only out of the hereinafter described Net Revenues of the Issuer's Water Supply and Wastewater System (hereinafter defined) the Principal Amount shown above in lawful money of the United States of America to the Registered Owner shown above, or registered assigns, on the Maturity Date shown above, unless prepaid prior thereto as hereinafter provided, with interest thereon from the Date of Original Issue shown above or such later date to which interest has been paid, until paid, at the Interest Rate per annum shown above, payable on May 1, 2003, and semiannually thereafter Principal of this bond is payable upon surrender of this bond at the corporate trust office of Bank One Trust Company, National Association, Detroit, Michigan (the "Transfer Agent") or such other Transfer Agent as the Issuer may hereafter designate by notice mailed to the registered owner not less than 60 days prior Regular Meeting of August 28, 2002 33699 to any interest payment date Interest on this bond is payable by check or draft mailed by the Transfer Agent to the person or entity who is, as of the 15th day of the month preceding the interest payment date, the registered owner of record, at the registered address as shown on the registration books of the Issuer kept by the Transfer Agent. 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 (the "System"), including all appurtenances, extensions and improvements thereto, after provision has been made for reasonable and necessary expenses of operation, maintenance and administration (the "Net Revenues"), and a statutory first lien thereon is hereby recognized and created This bond is one of a series of bonds of even Date of Original Issue aggregating the principal sum of $ , issued pursuant to Ordinance Nos 1958, 2015, 2179, 2195, 2500 and of the Issuer, duly adopted by the City Council of the Issuer (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 the cost of refunding part of the Issuer's (a) outstanding Water Supply and Wastewater System Revenue Bonds, Series 1993 and (b) outstanding Water Supply and Wastewater System Revenue Refunding Bonds, Series 1994 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 equal standing as to the Net Revenues may hereafter be issued and the general covenants and provisions pursuant to which this bond is issued, reference is made to the above-described Ordinances The bonds of this issue are of equal standing and priority of lien as to the Net Revenues with the (a) Issuer's Water Supply and Wastewater System Revenue Bonds, Series 1993 in the outstanding principal amount of$125,000 not being refunded with the Bonds, (b) the Issuer's $625,000 Water Supply and Wastewater System Revenue Refunding Bonds, Series 1994 not being refunded with the Bonds and (c) the Issuer's $4,925,000 Water Supply and Wastewater System Revenue Bonds, Series 2000 (together the "Outstanding Bonds") This bond is a self-liquidating bond and is not a general obligation of the Issuer and does not constitute an indebtedness of the Issuer within any constitutional, charter or statutory debt limitation of the Issuer but is payable solely and only, both as to principal and interest, from the Net Revenues of the System The principal of and interest on this bond are secured by the statutory lien hereinbefore mentioned 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 System shall be outstanding, such rates for service furnished by the System as shall be sufficient to provide for payment of the interest on and the principal of the bonds of this issue, the Outstanding Bonds and any additional bonds of equal standing 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 System as are Regular Meeting of August 28, 2002 33700 necessary to preserve the same in good repair and working order, and to provide for such other expenditures and funds for the System as are required by the Ordinances This bond is transferable only upon the books of the Issuer kept for that purpose at the office of the Transfer Agent by the registered owner hereof in person, or by 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 registered 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 authorizing the bonds, and upon the payment of the charges, if any, therein prescribed It is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this is one have been done and performed in regular and due time and form as required by law This bond is not valid or obligatory for any purpose until the Transfer Agent's Certificate of Authentication on this bond has been executed by the Transfer Agent. 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 facsimile signatures of its Mayor and its City Clerk and a facsimile of its corporate seal to be printed on this bond, all as of the Date of Original Issue CITY OF LIVONIA By. Mayor (Seal) Countersigned City Clerk Regular Meeting of August 28, 2002 33701 Certificate of Authentication This bond is one of the bonds described in the within-mentioned Ordinances. BANK ONE TRUST COMPANY, NATIONAL ASSOCIATION Detroit, Michigan Transfer Agent By. Authorized Signatory Date of Registration Section 14 Sale of Bonds The Mayor, City Attorney, Finance Director and City Clerk are each hereby authorized to negotiate a Bond Purchase Agreement with the Underwriter finalizing the details of the Bonds within the authorized parameters of this Ordinance and the Mayor, City Attorney, Finance Director and City Clerk are each authorized to do all other acts and take all other necessary procedures required to effectuate the sale, issuance and delivery of the Bonds Section 15. Not Qualified Tax Exempt Obligations. The Issuer is not designating the Bonds as "qualified tax exempt obligations" Section 16 Tax Matters The Issuer shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes 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 expenditures and investment of Bond proceeds and moneys deemed to be Bond proceeds Section 17 Disclosure The City covenants it shall comply with the requirements of Rule 15c2-12 of the Securities and Exchange Commission ("SEC") regarding continuing disclosure as shall be more fully set forth in the Sales Resolution Section 18. Savings Clause The Outstanding Ordinances shall continue in effect, except as specifically supplemented or altered herein Regular Meeting of August 28, 2002 33702 Section 19 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 20 Publication and Recordation This Ordinance shall be published in full in the Observer-Eccentric a newspaper of general circulation in the City, 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 recording authenticated by the signatures of the Mayor and City Clerk. Section 21 Other Matters. The Mayor, City Attorney, Finance Director and the City Clerk are each authorized and directed to (a) approve the circulation of a preliminary official statement describing the Bonds and to deem the preliminary official statement "final" for purposes of Rule 15c2-12 of the SEC, (b) solicit bids for and approve the purchase of a municipal bond insurance policy for the Bonds, and (c) do all other acts and take all other necessary procedures required to effectuate the sale, issuance and delivery of the Bonds Section 22 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 immediately be effective upon its adoption A communication from Williams Mullen, 33 Bloomfield Hills Parkway, Suite 100, Bloomfield Hills, MI 48304, dated August 22, 2002, re acquisition by the City of property located at 35333 Curtis, Livonia, and then the conveyance of same property to Sal and Jemma DeMarco, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was. CR 464-02 RESOLVED, that having considered a letter from the Department of Law, dated August 16, 2002, relating to the tax foreclosed property at 35333 Curtis, the Council does hereby authorize a) the exercise of the City's statutory right of first refusal with respect to such property, and payment to Wayne County therefor in the amount of the statutory minimum bid, being $2,323 50, upon Regular Meeting of August 28, 2002 33703 payment to the City of that amount plus an administrative services fee in an amount not to exceed $1,000 00, and b) conveyance of said property to Sal and Jemma DeMarco by quit claim deed upon the City's receipt of 1) all amounts stated above, and 2) proper documentation conveying Title to the referenced property to the City; FURTHER, the Department of Law is hereby requested to prepare and place in proper legal form all documents necessary to consummate this transaction, and the Mayor and City Clerk are hereby authorized to execute these documents on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. CR 465-02 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 A communication from Mrs Priscilla Smith, 19304 Westmore, Livonia, 48152, dated August 28, 2002, re request to pay back taxes on property located at 19308 Westmore, which is adjacent to her home, so that she could maintain ownership, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 466-02 RESOLVED, that having considered a letter from the Department of Law, dated August 27, 2002, the Council does hereby authorize the exercise of the City's statutory right of first refusal with respect to properties located at 20209 Floral, 19308 Westmore, 35546 Orangelawn and 38900 Six Mile Road, and payment to the County of Wayne therefor the following amounts 1) 20209 Floral $1,627 41 2) 19308 Westmore 648 76 Regular Meeting of August 28, 2002 33704 3) 35546 Orangelawn 6,536 79 4) 38900 Six Mile Road 580 40 On a motion by Dolan, seconded by Brosnan, and unanimously adopted, it was CR 467-02 RESOLVED, that having considered a communication from the Department of Law, dated August 27, 2002, approved for submission by the Mayor, to which is attached an Agreement to Reallocate Resources between the Wayne County Transit Authority and the City of Livonia, wherein it is requested that the Wayne County Transit Authority authorize SMART to conduct a comprehensive study of Livonia's public transportation needs at no cost to the City, subsequently revising the service plan to reflect changes necessary to improve public transportation in the City of Livonia, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said Agreement in the manner and form herein submitted, provided that the Agreement is approved as to form by the Department of Law In the audience communication portion of the agenda, Susan Vandenbrink, Vice- President of the Trinity House Theatre, thanked the City for helping to secure the property at 38900 Six Mile Road, and pledged to keep providing quality theatre to the community Councilmember Knapp congratulated his sister and brother-in-law, Monica and Anthony Hall, on the birth of their son and his first nephew, Ethan William Hall, who was born on August 24, 2002 Councilmember Vandersloot wished City Attorney Sean Kavanagh a "Happy Birthday" that will be celebrated on August 29 On a motion by Brosnan, seconded by Dolan, and unanimously adopted, this 1,471st Regular Meeting of the Council of the City of Livonia was adjourned at 9 15 p m , August 28, 2002 r Jo McCotter, City Clerk �_�l