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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-02-24 27461 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 24, 1993, 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 8:04 p.m. Councilmember Feenstra delivered the invocation. Roll was called with the following result: Fernon P. Feenstra, Michael P. McGee, Sean P. Kavanagh, Ron Ochala, Laura M. Toy, and Gerald Taylor. Absent: Dale A. Jurcisin (representing the City in another capacity). Elected and appointed officials present: Robert D Bennett, Mayor; Gary Clark, Assistant City Engineer; John Nagy, City Planner; Ann W Tavolacci, Deputy City Clerk; Harry Tatigian, City Attorney; Karen A. Szymula, Director of Legislative Affairs; David N. Preston, Finance Director; Suzanne Wisler, Director of Community Resources; John Fegan, Director of Inspection; and Karen Burskey, Assistant Superintendent of Parks & Recreation On a motion by Toy, seconded by Feenstra, and unanimously* adopted, it was: #97-93 RESOLVED, that the minutes of the 1,242nd Regular Meeting of the Council of the City of Livonia, held February 10, 1993, are hereby approved as submitted. *Councilmember Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04.190B of the Livonia Code of Ordinances. Ray Palmer, 28475 West Chicago, spoke during the audience imi communication portion regarding the proposed lot split in Item 1 on the Consent Agenda. 27462 A communication from Department of Finance, dated February 9, 1993, re: various financial statements of the City of Livonia for the month ending December, 1992, was received and placed on file for the information of the Council. At the direction of the Chair, Item 9 was removed from the Consent Agenda. On a motion by Feenstra, seconded by Toy, it was: #98-93 RESOLVED, that having considered a communication from the City Assessor, dated January 18, 1993, approved for submission by the Mayor, with regard to a request from Mr. Nazek R Abdul-Baki, 28623 Minton, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No. 46 143 99 0003 000 into two parcels, the legal descriptions of which shall read as follows Parcel 1 The West 62.50 ft of the East 442.50 ft. of the North 1/2 of the North 1/2 of the Southwest 1/4 of Section 36, T. 1 S. , R 9 E. , exc the North 43.00 ft thereof, also exc. the South 300.00 ft Parcel 2 The West 62.50 ft of the East 505 00 ft. of the North 1/2 of the North 1/2 of the Southwest 1/4 of Section 36, T 1 S. , R. 9 E. , exc the North 43 00 ft. thereof, also exc. the South 300 00 ft as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals #99-93 RESOLVED, that having considered the report and recommendation of the Director of Emergency Preparedness, dated January 29, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Federal Signal Corporation, 2645 Federal Signal Drive, University Park, Illinois 60466, for supplying the Office of Emergency Preparedness with two new outdoor warning sirens, which also includes the reinstallation of the two existing smaller units to two other sites, for a total price of $26,860, which sum is appropriated and authorized to be expended from Account No 401-000-987-000 for this purpose 27463 #100-93 RESOLVED, by the City Council of the City of Livonia, L that the annual Spree Fireworks Display be, and hereby is approved for Sunday, June 27, 1993, beginning at 10:00 p.m. and that the Wayne County Road Commission is hereby requested to close Farmington Road from Five Mile Road to Schoolcraft Road between the hours of 8:00 p.m. and 11:30 p.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, and that Lieutenant Joseph Derscha is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia. #101-93 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated January 28, 1993, which bears the signature of the Director of Community Resources, is approved by the Finance Director and approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Suzanne Daniel, a member of the Livonia Historical Commission, as designated by the Commission, authorizing the purchase by this member of artifacts and furnishings, the Council does hereby authorize the said extension in the manner and form herein recommended for a one-year period, commencing October 5, 1992, the said one-year extension to be based upon the same terms and conditions as those which are set forth in a contract dated June 18, 1986, which contract was previously authorized in Council Resolution 536-86, adopted on June 4, 1986, and thereafter authorized to be renewed in Council Resolution 488-87, adopted on June 3, 1987, in Council Resolution 543-88, adopted on June 22, 1988, in Council Resolution 883-89, adopted on September 25, 1989, in Council Resolution 67-91, adopted on January 28, 1991, and in Council Resolution 127-92, adopted on February 24, 1992; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said contract extension, which contract shall be prepared by the Department of Law in accordance with the action taken herein. A communication from the Director of Finance, dated February 10, 1993, re: report of the acquisition and development costs of Greenmead for the period 1975 through November 30, 1992 was received and placed on file for the information of the Council. (CR 957-92) #102-93 RESOLVED, that having considered a communication from the Director of Finance, dated February 10, 1993, approved for submission by the Mayor, submitted pursuant to Council Resolution 957-92, and to which is attached a report of the acquisition and development costs of Greenmead for the period 1975 through November 30, 1992, the Council does hereby refer this item to the Capital Improvement Committee for its consideration 27464 #103-93 RESOLVED, that having considered a communication from the Livonia Historical Commission and the Director of Community Resources, dated February 5, 1993, approved by the Finance Director and approved for submission by the Mayor, to which is attached the 1993 Historic Properties Development Plan and Priority List, the Council does hereby authorize the Engineering Department to prepare specifications and thereafter to advertise for restoration bids on the Meeting House, Blue Office roof, Parsonage steps and foundation facing stone on Kingsley and Shaw Houses, in accordance with provisions of law and City Ordinance. Communications from the Livonia Housing Commission, dated February 11, 1993, and from the Traffic Commission, dated December 28, 1992, re: the proposed opening of Purlingbrook between Seven and Eight Mile Roads to through traffic and concurrence with the Traffic Bureau of the Police Department and residents that the road should remain closed were received and placed on file for the information of the Council. (CR752-92) #104-93 RESOLVED, that having considered the report and recommendation of the City Librarian, dated January 21, 1993, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine that effective September 1, 1993, the non-profit rates for use of a meeting room at the Civic Center Library shall be in the amount of $15 for four hours and for use of the auditorium shall be in the amount of $60 for four hours and the action taken in Council Resolution 316-89 is hereby amended and revised to the extent necessary to be consistent with the action taken herein. A communication from the Director of Inspection, dated February 8, 1993, re: the request from Councilmember Fernon P. Feenstra to investigate possible business activities at 34765 Northland was received and placed on file for the information of the Council. (CR 33-93) A communication from the Director of Inspection, dated February 8, 1993, re: two (2) Tempura burners at the Akasaka Restaurant brought up during discussion of Petition 92-9-2-29 submitted by Timothy Mitchell (Furusato, Inc. ) was received and placed on file for the information of the Council. (CR 56-93) 27465 #105-93 RESOLVED, that having considered the report and recommendation of the City Clerk, dated January 29, 1993, the Council does hereby authorize renewal of the Maintenance Agreement with Business Records Corporation, 155 North Wacker Drive, Chicago, IL 60606, for the period January 1, 1993 through December 31, 1993, for a total price of $7,931.00; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04. 140.D.5 of the Livonia Code of Ordinances, as amended. #106-93 RESOLVED, that having considered the report and recommendation of the City Clerk, dated January 29, 1993, the Council does hereby authorize renewal of the Software Licensing Agreement for Voter Registration and Election Programs with Business Records Corporation, 155 North Wacker Drive, Chicago, IL 60606, for the period February 1, 1993 through December 31, 1993, for a total price of $3,529.16; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140 D.5 of the Livonia Code of Ordinances, as amended. #107-93 RESOLVED, that the Council does hereby refer the subject of renewal of the Hardware Maintenance Agreement and Software Licensing Agreement for Voter Registration and Election Programs to the Capital Improvement Committee for its consideration #108-93 RESOLVED, that having considered a communication from the City Engineer, dated January 27, 1993, approved for submission by the Mayor, to which is attached a list of sidewalks requiring installation, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install sidewalks at such premises, to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 1993, after which date the Engineering Department shall arrange for the construction of the said sidewalks as part of the 1993 Sidewalk Program; FURTHER, the Council authorizes the installation of a sidewalk adjacent to the Ben Celani Recreation Area (City) park site (approximately the east 600 feet thereof) which shall also be included in said Sidewalk Program. #109-93 RESOLVED, that having considered a communication from the City Planning Commission, dated February 4, 1993, which transmits its resolution 1-19-93, adopted on January 26, 1993, with regard to the proposed preliminary plat of Hunters Pointe Subdivision to be located on the north side of Plymouth Road between Newburgh and Eckles Roads in the Southeast 1/4 of Section 30, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on 27466 January 26, 1993, the Council does hereby approve of the said preliminary plat, subject to the waiving of the open space requirement and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements. #110-93 RESOLVED, that having considered a communication from the City Planning Commission, dated February 4, 1993, which transmits its resolution 1-15-93, adopted on January 26, 1993, with regard to Petition 92-12-2-53, submitted by Senate Coney Island, requesting waiver use approval to increase the floor area and seating capacity of an existing restaurant located at the southeast corner of Stark and Plymouth Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-12-2-53 is hereby approved and granted, subject to a limitation on the total number of customer seats not to exceed 260. #111-93 RESOLVED, that having considered a communication from the City Planning Commission, dated February 4, 1993, which transmits its resolution 1-18-93, adopted on January 26, 1993, with regard to Petition 92-12-2-56, submitted by Fry & Partners Architects, Inc. , requesting waiver use approval to construct an addition to an existing credit union located on the south side of Six Mile Road between Merriman Road and Oporto Street in the Northwest 1/4 of Section 14, which property is zoned OS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-12-2-56 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan dated 1-15-93, as revised, prepared by Fry Associates, Inc. , Architects, which includes the substitution of a greenbelt to be maintained along the west property line and a portion of the south property line in lieu of a protective wall as required by Section 18.45 of Zoning Ordinance No. 543, and which is hereby approved, shall be adhered to; 2) That the building elevation shown on the approved site plan and on an accompanying sheet dated 1-18-93, prepared by Fry Associates, Inc. , Architects, which is hereby approved, shall be adhered to; and 3) That the landscaping shown on the approved site plan shall be installed prior to the issuance of a Certificate of Occupancy and thereafter maintained in a healthy condition. #112-93 RESOLVED, that having considered the report and recommendation of the Court Administrator and the judges of the 16th District Court, dated January 29, 1993, approved for submission by the Director of Finance and the Mayor, the Council 27467 does hereby authorize the court to negotiate for time and materials not to exceed a total amount of $55,000 for computer programming services with Software Alternatives, Inc. (Livonia), or the State of Michigan, Office of Systems Management (Southfield); and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3.04.140.D.5 of the Livonia Code of Ordinances, as amended #113-93 WHEREAS, the City of Livonia has received a request from EPI Printers, Inc , 5350 Dickman Road, P.O. Box 1025, Battle Creek, Michigan 49016, dated January 20, 1993, which submits an application proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia; and WHEREAS, there is located within the boundaries of the City of Livonia an area as follows: Sidwell #110-01-0006-002 Richter-Lipton Industrial Sub Town 1 South, Range 9 East, Liber 92, Pages 6 & 7, Wayne County Records S 60 Ft. of Lot 6, Also Lots 7 and 8 and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 54"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1. The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 54. 2. This City Council sets Monday, April 5, 1993 at 8:00 p.m. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. A roll call vote was taken on the foregoing resolutions with the following result: 27468 AYES: Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor. NAYS: None. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #114-93 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 27, 1993, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Commission resolution 2201-92, adopted on November 2, 1992, wherein the Commission did recommend the establishment of fees for the use of the rifle and pistol range located at Eddie Edgar Arena as follows: Effective Proposed Facility rental 1/1/93 $10/hour 1/1/94 $15/hour Hunters' Safety Class 1/1/93 $5/person $5 current DNR fee The Council does hereby concur in and approve of such action. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: #115-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 8, 1993, and submitted pursuant to Council Resolution 191-92 in connection with a communication from Councilman Fernon P. Feenstra, dated February 14, 1992, with regard to ordinance provisions which pertain to the subject of the installation of fences upon property and which way they are installed (wrong side out/right side out/double-sided, etc.), the Council does hereby refer this item back to the Legislative Committee for a new report and recommendation. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #116-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 8, 1993, and submitted pursuant to Council Resolution 191-92 in connection with a communication from Councilman Fernon P. Feenstra, dated February 14, 1992, with regard to ordinance provisions which pertain to the subject of the installation of fences upon property and which way they are installed (wrong side out/right side out/double-sided, etc. ), the Council does hereby request that the Mayor submit a report and recommendation. 27469 On a motion by Feenstra, seconded by Toy, and unanimously ihoradopted, it was: #117-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 8, 1993, and submitted pursuant to Council Resolution 192-92 in connection with a communication from Councilman Fernon P. Feenstra, dated February 14, 1992, with regard to the need, if any, to modify Section 18.45 of Zoning Ordinance 543 with respect to Protective Wall requirements prescribed therein, the Council does hereby determine to take no further action. On a motion by Feenstra, seconded by McGee, it was: RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 8, 1993, submitted pursuant to Council Resolutions 488-92 and 514-92, with regard to establishing a policy governing the waiver of fees (such as for permits and greens fees) and costs (such as for police services) for activities conducted by civic and charitable organizations in the City of Livonia, including consideration of multiple requests submitted by individual organizations during a one-year period, the Council does hereby determine to adopt and establish a City of Livonia Fees/Waivers Policy as set forth in the attached four category grid dated February 8, 1993, the same to be given an immediate effective date. The President relinquished the Chair to the Vice President at 8:27 p.m. to speak to the Heart Fund A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, and McGee. NAYS: Taylor, Ochala, and Toy The Vice President declared the resolution denied. On a motion by Taylor, seconded by Toy, it was: #118-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 8, 1993, submitted pursuant to Council Resolutions 488-92 and 514-92, with regard to establishing a policy governing the waiver of fees (such as for permits and greens fees) and costs (such as for police services) for activities conducted by civic and charitable organizations in the City of Livonia, including consideration of multiple requests submitted by individual organizations during a one-year period, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 27470 A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Toy, and McGee. NAYS: Feenstra and Kavanagh. The Vice President declared the resolution adopted The President resumed the Chair at 8:38 p.m. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: #119-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 8, 1993, submitted pursuant to Council Resolutions 488-92 and 514-92, with regard to establishing a policy governing the waiver of fees (such as for permits and greens fees) and costs (such as for police services) for activities conducted by civic and charitable organizations in the City of Livonia, including consideration of multiple requests submitted by individual organizations during a one-year period, the Council does hereby determine to take no further action On a motion by Feenstra, seconded by Toy, it was #120-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 8, 1993, and which recommends that the following items be discharged from the Finance and Insurance Committee: a) Council Resolution 789-92, with regard to a request submitted for a waiver of fees for the D A R.E. golf outing to be conducted on July 14, 1993 at Fox Creek Golf Course; b) Council Resolution 971-92, with regard to a request for a waiver of fees for the annual "Tee It Up For Trees" golf outing to be conducted on June 9, 1993 at Whispering Willows Golf Course; c) Council Resolution 2-93, with regard to a request for a waiver of fees for the Third Annual "Chip in for the Arts" golf outing to be conducted on June 30, 1993 at Whispering Willows Golf Course; and d) Council Resolution 62-93, with regard to a request by The Arc of Northwest Wayne County for a waiver of fees for a imp golf outing to be conducted on May 23, 1993 at Fox Creek Golf Course, The Council does hereby determine to take no further action. 27471 A roll call vote was taken on the foregoing resolution with the following ihr result: AYES: Feenstra, McGee, Kavanagh, Toy, and Taylor. NAYS: Ochala. The President declared the resolution adopted. On a motion by Feenstra, seconded by Toy, it was: #121-93 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated February 8, 1993, and submitted pursuant to Council Resolution 47-93 in connection with a request submitted by the Livonia Anniversary Committee, Inc. for a waiver of fees as prescribed by ordinance or law with respect to the following items, as well as a waiver of all vendor's license fees for community organizations and/or groups authorized to participate in Spree "43" by the Anniversary Committee; issuance of a permit to the Anniversary Committee to conduct a circus on June 22-27, 1993 at Ford Field; authorization of the Anniversary Committee to conduct a fireworks display to be held at Veterans' Park on Sunday, June 27, 1993, at 10:00 p.m. , which display will be fired by American Fireworks, subject to L providing liability insurance for this event, and subject to the City of Livonia and the Livonia Anniversary Committee, Inc. being designated as additional insured on their policy; authorization of the Livonia Anniversary Committee to use and/or lease the facilities at the Henry Ford Field, Veterans' Park and the Eddie Edgar Arena during the period of the Spree "43" celebration, the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Kavanagh, Toy, and Taylor. NAYS: Ochala. The President declared the resolution adopted. On a motion by Toy, seconded by McGee, and unanimously adopted, it was: #122-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 16, 1993, submitted pursuant to Council Resolution 418-91 in connection with a communication from the City Planning Commission, dated March 25, 1991, which sets forth its resolution 3-41-91, adopted on March 19, 1991 with regard to Petition 91-1-1-2 submitted by Dave Pink and William Roskelly for a change of zoning on property located on the east side of Stonehouse 27472 Avenue between Joy Road and Minton Avenue in the Southeast 1/4 of L Section 31 from PL to R-1, and the Council having conducted a public hearing with regard to this matter on May 8, 1991 pursuant to Council Resolution 276-91, and having also considered a letter from William L. Roskelly, dated November 19, 1992, indicating that the Petition has been expanded to include additional property, the Council does hereby refer this item back to the City Planning Commission for a new public hearing and report and recommendation on the Petition as revised to include the additional property. On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was: #123-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 16, 1993, submitted pursuant to Council Resolution 365-91 in connection with the topic of establishing a requirement for a prevailing wage rate for companies which perform major construction projects for the City of Livonia, and having also considered a communication from the Department of Law, dated February 7, 1991 and a communication from the Mayor, dated February 11, 1991 with respect to this matter, the Council does hereby refer this item back to the Department of Law to revise the proposed amendment so as to make the prevailing wage L requirement discretionary in those cases where rejection of the low bid would be deemed appropriate. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: #124-93 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 17, 1993, submitted pursuant to Council Resolution 947-91, in connection with the proposed street naming of Richfield Avenue in the Stonehouse Estates Subdivision located in the Southeast 1/4 of Section 31, the Council does hereby determine that the street in question shall henceforth be named and designated "Richfield Avenue." Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5 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 90-11-1-31) 27473 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 the next regular meeting Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6 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 92-11-1-26) 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. Feenstra invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Kavanagh took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 100 OF TITLE 12, CHAPTER 20 (PUBLIC LANDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The following people spoke against the proposed amendment change during the audience communication portion of the meeting: 1) Tom Bolduc, 34590 Grandon, Livonia Lip 2) Mary Mozurkewich, 39373 Lyndon, Livonia 3) Carol Hinkel, 1725 Balsam Way 4) Gloria Tambornini, 38438 Lapham Ct. , Livonia 5) Steven Soof with the Westland Humane Society, 14941 Beatrice, Livonia 27474 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Feenstra, McGee, Kavanagh, and Taylor NAYS: Ochala and Toy. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 31 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 92-9-1-21) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Toy, seconded by Ochala, it was: #125-93 RESOLVED, that having considered a letter from the President of Madonna University, dated February 4, 1993, wherein a request is submitted for a waiver of fees for traffic control and public safety with respect to the first annual Run for Justice in association with activities of Black History Month to be conducted on the University campus and proceed north on Newburgh Road to Five Mile, east to Levan Road and south to the service drive back to campus on Sunday, February 28, 1993, the Council does hereby approve the date for conducting this event and authorize a waiver of 50% of the fees incurred by the City with respect to this event. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Ochala, Toy, and Taylor. NAYS: Feenstra. 27475 The President declared the resolution adopted. On a motion by Ochala, seconded by Toy, and unanimously adopted, it was: #126-93 RESOLVED, that having considered a communication from the City Clerk, dated February 12, 1993, which indicates that the proprietor of Stonehouse Estates Subdivision, located on the north side of Joy Road between Newburgh Road and Hix Road in the Southeast 1/4 of Section 31, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission, dated February 11, 1993, wherein said Commission approves the final plat for the said subdivision in its resolution 2-38-93, adopted on February 9, 1993; and the Council having considered a report from the City Engineer, dated February 9, 1993, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 947-91, adopted on December 4, 1991, said preliminary plat having been recommended for approval by the City Planning Commission on February 19, 1991 in its resolution 2-31-91; NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Stonehouse Estates Subdivision, located in the Southeast 1/4 of Section 31, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia; and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Toy, seconded by Ochala, and unanimously adopted, it was: #127-93 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 22, 1992, and the report and recommendation of the Chief of Police, dated February 9, 1993, approved for submission by the Mayor, with regard to a request from BEF Holding Co. , Inc. - stockholder in Bob Evans Farms, Inc. (an Ohio Corporation), for a new full year Class C license with Official Permit (Food) and Outdoor Service Permit for a business to be located on Victor Parkway (address number not yet assigned), Livonia, Michigan 48152, Wayne County, the name of which will be "Cantina Del Rio," the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others"; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. 27476 On a motion by Toy, seconded by McGee, and unanimously adopted, it was: #128-93 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 27, 1993, approved for submission by the Finance Director and the Mayor, which transmits Parks and Recreation Commission resolution 2206-92, and to which is attached a proposed renewal agreement for concession stands at Eddie Edgar Ice Arena and Ford Field between the City of Livonia and Livonia Concession Services, Inc. , 14304 Arden, Livonia, Michigan 48154, for a term of three years commencing April 1, 1993, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Concession Renewal Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution. On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #129-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 19, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $5,409.81 to Macomb Contracting Corporation, which sum includes the full and complete balance due on a contract authorized in Council Resolution 208-92 in the amount of $24,588.50, the actual contract amount completed to date being $29,998.31, in connection with the Beitz Drain Inlet Structure Modifications, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications; and the Council does hereby appropriate and authorize the sum of $5,409.81 from the Surplus County Drain Fund account for this purpose. On a motion by Kavanagh, seconded by Toy, it was: RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 1993, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, and to which is attached an agreement between the firm of Spalding, DeDecker & Associates, Inc. , 655 West 13 Mile Road, Madison Heights, Michigan 48071, and the City of Livonia, for the purpose of having the said firm provide the preliminary and construction engineering services for the Merriman Road and CSX Railroad Grade Separation project at a not-to-exceed fee of ift• $580,326.11, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement and to designate the City Engineer as the City's representative with respect to this project; provided, however, 27477 that the said contract shall include an additional provision which prohibits any modifications or additional work which could result in increasing the contract amount over $580,326.11 without prior Council approval; and the Council does hereby appropriate and authorize an expenditure of not to exceed $580,326.11 from the $12 Million Dollar General Obligation Road Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh NAYS: Feenstra, McGee, Ochala, Toy, and Taylor. The President declared the resolution denied. On a motion by Feenstra, seconded by Ochala, it was: #130-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 1993, which bears the signature of the Finance Director, is approved as to form by the City Attorney and is approved for submission by the Mayor, and to which is attached an agreement between the firm of Spalding, DeDecker & Associates, Inc. , 655 West 13 Mile Road, Madison Heights, Michigan 48071, and the City of Livonia, for the purpose of having the said firm provide the preliminary and construction engineering services for the Merriman Road and CSX Railroad Grade Separation project at a not-to-exceed fee of $580,326.11, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement and to designate the City Engineer as the City's representative with respect to this project; and the Council does hereby appropriate and authorize an expenditure of not to exceed $580,326.11 from the $12 Million Dollar General Obligation Road Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Ochala, Toy, and Taylor. NAYS: Kavanagh. The President declared the resolution adopted. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: 27478 #131-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 3, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of G.V. Cement Contracting Co. , 13785 Monterey, Southgate, Michigan 48195, for the repair and/or replacement of various sidewalks in accordance with the 1993 Sidewalk Program, for the estimated total cost of $247,845, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby (1) authorize an advance in the amount of $187,845 (S.A.D portion of program) from the $12 Million Dollar General Obligation Road Improvement Bond Issue with the provision that this Bond Issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners and (2) authorize an appropriation in the amount of $60,000 from the Michigan Transportation Fund, Local Road Account, to pay for the City's portion of the contract; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary, so long as the total cost of such adjustments does not exceed 5% of the bid price accepted herein; 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 and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Toy, seconded by Kavanagh, it was: #132-93 RESOLVED, that having considered a communication from the City Planning Commission, dated January 21, 1993, which transmits its resolution 1-2-93, adopted on January 12, 1993, with regard to Petition 92-10-2-46, submitted by James Staniforth, requesting waiver use approval to operate a limited service restaurant within an existing building located on the east side of Merriman Road, north of Schoolcraft Road in the Southwest 1/4 of Section 23, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-10-2-46 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan dated 12-22-92, as revised, prepared by Frank J. Ferlito, which is hereby approved, shall be adhered to; 2) That the landscaping shown on the approved Site Plan shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; im. 3) That the Building Elevation Plan dated 10-20-92, prepared by Frank J. Ferlito, which is hereby approved, shall be adhered to; 27479 4) That the number of customer seats shall not exceed 22; and 5) That the pole sign existing on the subject property in front of the building proposed to be occupied by the limited service restaurant shall be removed prior to the issuance of a Certificate of Occupancy. Barry Landow, Klein & Associates Real Estate, 30555 Southfield Road, Southfield, MI spoke on behalf of the landlord re: the relocation of the ice machine to an inside location A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Ochala, and Toy. NAYS: Feenstra and Taylor. The President declared the resolution adopted. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #133-93 RESOLVED, that having considered a communication from the City Planning Commission, dated February 4, 1993, which transmits its resolution 1-21-93, adopted on January 26, 1993, with regard to Petition 92-12-2-51, submitted by Action Olds, Inc. , requesting waiver use approval to add showroom space to an existing building located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-12-2-51 is hereby approved and granted, subject to the following conditions: 1) That Site Plan dated 1-19-93, as revised, prepared by Thomas W. Kurmas & Associates, Architects, which is hereby approved, shall be adhered to; 2) That the Building Elevation Plan dated 12-10-92, prepared by Kurmas & Associates, Architects, which is hereby approved, shall be adhered to; 3) That the landscaping shown on the approved Site Plan shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; LIN 27480 4) That with respect to the proposed car and truck display lot, no medium duty or larger trucks shall be parked closer to the Plymouth Road right-of-way line (as shown on the Master Thoroughfare Plan) than 120 feet; 5) That the surface of the car and truck display lot shall be hard surfaced no later than two years from the date of the issuance of a Certificate of Occupancy as required by Section 13 06 of Zoning Ordinance 543; 6) That with respect to the proposed car and truck display lot, this approval of its use for that purpose shall expire no later than two (2) years from the date of the issuance of a Certificate of Occupancy unless the surface of the lot has been hard surfaced as required by condition number 5 at which time and in that event the approval shall become permanent; and 7) That any building or structure currently existing on the site proposed to be utilized for the display of cars and trucks shall be immediately demolished and all debris shall be removed from the site. On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was: #134-93 RESOLVED, that having considered a communication from the City Planning Commission, dated February 4, 1993, which transmits its resolution 1-16-93, adopted on January 26, 1993, with regard to Petition 92-12-2-54, submitted by T. Rogvoy Associates, Inc. , requesting waiver use approval to construct a full service restaurant on property located on the northeast corner of Seven Mile and Haggerty Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-12-2-54 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan Sheet SP1 dated 2-15-93, as revised, prepared by Land Tech, which is hereby approved, shall be adhered to; 2) That the Building Elevation Plans marked Sheet A2 and A3 dated 1-11-93, as revised, prepared by T. Rogvoy Associates, Inc. , which are hereby approved, shall be adhered to; 3) That the Landscape Plan marked Sheet L-1 dated 12-15-92, prepared by Land Tech, is hereby approved and shall be adhered to and the landscaping shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition and the lawn area shall be sodded and sprinkled; 27481 4) That the sign plan marked A-4 dated 12-14-92, prepared by Heath and Co. and T. Rogvoy Associates, Inc. , which is hereby approved, shall be adhered to; 5) That the total number of customer seats shall not exceed 253; and 6) That the Building Elevation Plans shall be revised to the extent necessary to provide a coat hanging area. On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was: #135-93 RESOLVED, that having considered a communication from the City Planning Commission, dated February 4, 1993, which transmits its resolution 1-17-93, adopted on January 26, 1993, with regard to Petition 92-12-2-55, submitted by T. Rogvoy Associates, Inc , requesting waiver use approval for a Class C liquor license for a full service restaurant proposed to be located on the northeast corner of Seven Mile and Haggerty Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Ochala, seconded by McGee, it was: #136-93 RESOLVED, that having considered a communication from the City Planning Commission, dated December 7, 1992, which sets forth its resolution 12-527-92, adopted on December 1, 1992, with regard to Petition 92-9-2-37, submitted by Robert E Rashid, requesting waiver use approval to utilize a Class C liquor license in connection with a proposed Major Magic restaurant to be located on the north side of Seven Mile Road between Farmington and Norwich Roads in the Southeast 1/4 of Section 4, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 3, 1993, pursuant to Council Resolution 952-92, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 92-9-2-37 is hereby approved and granted, subject to the following conditions: 1) That the sale of alcohol shall be limited to beer and wine only; and 2) That the petitioner shall immediately provide the City with a letter of understanding that should the said Major Magic operation cease and terminate at this location, the liquor license and/or tavern license for this location shall be immediately returned to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: 27482 AYES: Feenstra, McGee, Kavanagh, Ochala, and Taylor. NAYS: Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by McGee, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated December 7, 1992, which sets forth its resolution 11-510-92, adopted on November 17, 1992, with regard to Petition 92-10-1-22, submitted by Kamp-DiComo for Robert Chouinard, for a change of zoning on property located on the west side of Farmington Road between Norfolk Avenue and Seven Mile Road in the Northeast 1/4 of Section 4, from RUFA to OS, and the Council having conducted a public hearing with regard to this matter on February 3, 1993, pursuant to Council Resolution 951-92, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 92-10-1-22 is hereby approved and granted, as modified pursuant to the petitioner's request in a letter dated February 23, 1993, by the exclusion of the westerly 50' ; 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. On a motion by Kavanagh, seconded by Toy, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated December 7, 1992, which sets forth its resolution 11-510-92, adopted on November 17, 1992, with regard to Petition 92-10-1-22, submitted by Kamp-DiComo for Robert Chouinard, for a change of zoning on property located on the west side of Farmington Road between Norfolk Avenue and Seven Mile Road in the Northeast 1/4 of Section 4, from RUFA to OS, and the Council having conducted a public hearing with regard to this matter on February 3, 1993, pursuant to Council Resolution 951-92, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh and Toy. NAYS: Feenstra, McGee, Ochala, and Taylor. ifts The President declared the resolution denied. A roll call vote was taken on the original resolution, as follows, with the following result: 27483 #137-93 RESOLVED, that having considered a communication from the City Planning Commission, dated December 7, 1992, which sets forth its resolution 11-510-92, adopted on November 17, 1992, with regard to Petition 92-10-1-22, submitted by Kamp-DiComo for Robert Chouinard, for a change of zoning on property located on the west side of Farmington Road between Norfolk Avenue and Seven Mile Road in the Northeast 1/4 of Section 4, from RUFA to OS, and the Council having conducted a public hearing with regard to this matter on February 3, 1993, pursuant to Council Resolution 951-92, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 92-10-1-22 is hereby approved and granted, as modified pursuant to the petitioner's request in a letter dated February 23, 1993, by the exclusion of the westerly 50' ; 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. AYES: Feenstra, McGee, Kavanagh, Ochala, and Taylor. NAYS: Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by Ochala, it was: #138-93 RESOLVED, that in accordance with Section 23 01(a) of Zoning Ordinance 543, as amended, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation with regard to the question of whether certain property which is located on the west side of Farmington Road between Norfolk Avenue and Seven Mile Road in the Northeast 1/4 of Section 4, and which has been proposed for dedication to the City of Livonia, should be rezoned from the PL zoning classification to NP. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Kavanagh, Ochala, and Taylor. NAYS: Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by Kavanagh, it was: #139-93 RESOLVED, that having considered a communication from the City Planning Commission, dated December 7, 1992, which sets forth its resolution 11-516-92, adopted on November 17, 1992, with regard to Petition 92-8-6-4, submitted by the City Planning 27484 Commission, pursuant to Council Resolution 419-92, to determine L whether to amend Section 18.50B of Zoning Ordinance 543 to provide additional regulations regarding illuminated canopies and awnings with attached signage, and the Council having conducted a public hearing with regard to this matter on February 3, 1993, pursuant to Council Resolution 951-92, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 92-8-6-4 is hereby approved and granted, as modified; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Kavanagh, Ochala, and Taylor. NAYS: Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: ibe 11140-93 RESOLVED, that having considered a communication from the City Planning Commission, dated December 7, 1992, which sets forth its resolution 11-517-92, adopted on November 17, 1992, with regard to Petition 92-9-6-5, submitted by the City Planning Commission, pursuant to Council Resolution 611-92, to determine whether to amend Article XXI of Zoning Ordinance 543 so as to authorize the appointment of two alternate members to the Zoning Board of Appeals in connection with MCL 125.585, and the Council having conducted a public hearing with regard to this matter on February 3, 1993, pursuant to Council Resolution 951-92, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. McGee made the following disclosure respecting a conflict of interest on this matter: Mr. President, I have previously disclosed the existence of a conflict of interest with respect to this matter, and I therefore will abstain from any consideration of this agenda item. I refer to my prior statement and my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting. Thank you. McGee left the podium at 9:55 p.m. 27485 On a motion by Feenstra, seconded by Toy, it was: #141-93 WHEREAS, February 24, 1993, at 2:00 o'clock p.m. , Eastern Standard Time, has been set as the date and time for opening bids for the purchase of the Issuer's $3,500,000 1993 General Obligation Unlimited Tax Bonds; AND WHEREAS, said bids have been publicly opened and read; AND WHEREAS, the following bids have been received: Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost Griffin, Kubik, 01-Mar-94 7.25% 0 4.7496% $1,632,687.50 Stephens & 01-Mar-95 7.25 Thompson, Inc. 01-Mar-96 7.25 01-Mar-97 7.25 01-Mar-98 7.25 01-Mar-99 7.25 01-Mar-00 7.25 01-Mar-01 5.75 01-Mar-02 4.25 01-Mar-03 4.25 01-Mar-04 4.25 01-Mar-05 4.25 O1-Mar-06 4.25 01-Mar-07 4.25 01-Mar-08 4.25 Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost Kemper Securities 01-Mar-94 6.00% 0 4.76% $1,636,250.00 Security Bank of 01-Mar-95 7.25 Southgate 01-Mar-96 7.25 First of Michigan 01-Mar-97 7.25 01-Mar-98 7.25 01-Mar-99 7.25 01-Mar-00 7.25 01-Mar-01 6.00 01-Mar-02 4.25 01-Mar-03 4.25 01-Mar-04 4.25 01-Mar-05 4.25 01-Mar-06 4.25 01-Mar-07 4.25 01-Mar-08 4.25 27486 Average Net Interest Interest Interest mo Bidder Maturity Rate Premium Rate Cost Clayton, Brown & 01-Mar-94 5.625% 1 75 4.7958% $1,648,567.00 Assoc. Inc 01-Mar-95 7.25 01-Mar-96 7.25 01-Mar-97 7 25 01-Mar-98 7.25 01-Mar-99 7.25 01-Mar-00 7 25 01-Mar-01 6.70 01-Mar-02 4.25 01-Mar-03 4.25 01-Mar-04 4.25 01-Mar-05 4.25 01-Mar-06 4.25 01-Mar-07 4 25 01-Mar-08 4 25 Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost Hutchinson, 01-Mar-94 4 875% 0 4.798% $1,649,343.75 Shockey, Erley 01-Mar-95 6.375 & Co 01-Mar-96 6.375 01-Mar-97 6.375 01-Mar-98 6 375 01-Mar-99 6 375 01-Mar-00 6.375 01-Mar-01 6 375 01-Mar-02 4 375 01-Mar-03 4.375 01-Mar-04 4 375 01-Mar-05 4.375 01-Mar-06 4 375 01-Mar-07 4.50 01-Mar-08 4.50 Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost NBD Bank, N.A. 01-Mar-94 7.30% 21.75 4.9525% $1,702,453.25 01-Mar-95 7.50 01-Mar-96 7.50 01-Mar-97 7.50 01-Mar-98 6.10 01-Mar-99 4.50 01-Mar-00 4.50 01-Mar-01 4.50 01-Mar-02 4.70 01-Mar-03 4.90 01-Mar-04 4.90 01-Mar-05 4.90 01-Mar-06 4.90 01-Mar-07 4.90 01-Mar-08 4.90 27487 Average Net Interest Interest Interest mm Bidder Maturity Rate Premium Rate Cost McDonald & Co. 01-Mar-94 7.00% 0 4.9546% $1,703,162.50 Securities, Inc. 01-Mar-95 7.00 01-Mar-96 7.00 01-Mar-97 7.00 01-Mar-98 6.25 01-Mar-99 4.15 01-Mar-00 4.30 01-Mar-01 4.45 01-Mar-02 4.60 01-Mar-03 4.75 01-Mar-04 4.90 01-Mar-05 5.00 01-Mar-06 5.00 01-Mar-07 5.00 01-Mar-08 5.00 Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost Michigan National 01-Mar-94 7.40% 12.50 5.024% $1,727,262.50 Bank 01-Mar-95 7.50 01-Mar-96 7.50 01-Mar-97 7.50 01-Mar-98 7.40 01-Mar-99 4.50 01-Mar-00 4.50 01-Mar-01 4.50 01-Mar-02 4.60 01-Mar-03 4.75 01-Mar-04 4.90 01-Mar-05 5.00 01-Mar-06 5.00 01-Mar-07 5.00 01-Mar-08 5.00 Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost Smith Barney 01-Mar-94 6.50% 514.00 5.0508% $1,736,236.00 01-Mar-95 6.50 01-Mar-96 6.50 01-Mar-97 6.50 01-Mar-98 5.50 01-Mar-99 4.20 01-Mar-00 4.40 01-Mar-01 4.60 01-Mar-02 4.75 01-Mar-03 4.80 ift. 01-Mar-04 5.00 01-Mar-05 5.00 01-Mar-06 5. 10 01-Mar-07 5.20 01-Mar-08 5.30 27488 AND WHEREAS, the bid of Griffin, Kubik, Stephens & Thompson, Inc. tow has been determined to produce the lowest interest cost to the Issuer NOW, THEREFORE, BE IT RESOLVED THAT: 1. The bid of Griffin, Kubik, Stephens & Thompson, Inc. , as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3 The Issuer hereby convenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds 4 The Issuer hereby covenants that the useful life of the projects to be financed with the proceeds of the bonds awarded herein is estimated to be not less than twenty (20) years 5 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, Ochala, Toy, and Taylor. NAYS: None. The President declared the resolution adopted. McGee returned to the podium at 9:57 p.m. On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was: #142-93 RESOLVED, that having considered a communication dated January 27, 1993 from the Engineering Department transmitting for Council acceptance seven (7) Grants of Easement, more particularly described as: (1) Grant of Easement, dated March 20, 1992, executed by John W Friess and Hildegarde G. Friess, his wife, for: 27489 The south 5 feet of that part of Outlot A, Livonia Hills Estates Subdivision as recorded in Liber 81, Pages 92 and 93, Wayne County Records, said subdivision being a part of the N.W. 1/4 of Section 6, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, said part being more particularly described as beginning at a point South 0° 10' 50" West, 99.39 feet from the northwest corner of said Outlot A; thence North 89° 20' 02" East, 370.11 feet; thence southeasterly along a curve convex to the east, radius 170.00 feet, arc 108 33 feet; thence South 89° 20' 02" West, 408.27 feet; thence North 0° 10' 50" East, 100.00 feet to the point of beginning (Part of Tax Parcel No. 022-01-0046-003) (2) Grant of Easement, dated June 15, 1992, executed by Timothy A. Carr, Chairman of the Board of Trustees and Terry T. Oswalt, Vice Chairman of the Board of Trustees, for the Berean Baptist Church, a Michigan Ecclesiastical Corporation, for The westerly most 12 feet of the following parcel of land: Part of the N.E 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as commencing at the north 1/4 corner of said Section 6; thence 00° 12' West, 60.00 feet to the southerly right-of-way line of Base Line Road (120 feet wide); thence North 89° 45' 44" East along said right-of-way line, 366 00 feet to the point of beginning; thence North 89° 45' 44" East, 311 00 feet; thence South 00° 12' 03" West, 858 50 feet; thence South 89° 29' 30" West, 677.02 feet to the north and south 1/4 line; thence North 00° 12' East along the 1/4 line, 576.70 feet; thence North 89° 45' 44" East, 366 00 feet; thence North 00° 12' East, 285 00 feet to the point of beginning. (Part of Tax Parcel No 021-99-0004-007) (3) Grant of Easement, dated June 13, 1992, executed by Clarence Jahn and Dorthea Jahn, his wife, for: The East 12 feet of the West 52 feet; also the West 40 feet of the North 70 feet of the South 80 feet; all of Lot 17, Livonia Hills Estates Subdivision, as recorded in Liber 81, Pages 92 and 93, Wayne County Records, said subdivision being a part of the N.W. 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, except the westerly part measuring 0.69 feet on the north lot line and 0.92 feet on the south lot line (Part of Tax Parcel No. 022-01-0017-001) (4) Grant of Easement, dated June 22, 1992, executed by James D. imi Kurtz and Christine A. Newberry, for: 27490 The north 20 feet of Lot 7, Livonia Hills Estates Subdivision, as recorded in Liber 81, Pages 92 and 92, Wayne County Records, said subdivision being a part of the N.W. 1/4 of Section 6, T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan (Part of Tax Parcel No. 022-01-0007-000) (5) Grant of Easement, dated June 22, 1992, executed by James D. Kurtz and Christine A Newberry, for: The north 6 feet; also the East 12 feet of the West 52 feet; all of that part of Outlot A, Livonia Hills Estates Subdivision as recorded in Liber 81, Pages 92 and 93, Wayne County Records, said subdivision being a part of the N.W 1/4 of Section 6, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, said part being more particularly described as beginning at a point South 0° 10' 50" West, 199.39 feet from the northwest corner of said Outlot A; thence North 89° 20' 02" East, 408.27 feet; thence southwesterly along a curve convex to the east, radius 170.00 feet, arc 105 67 feet; thence South 89° 20' 02" West, 381.24 feet; thence North 0° 10' 50" East, 100.00 feet to the point of beginning (Part of Tax Parcel No. 022-01-0046-004) (6) Grant of Easement, dated March 20, 1992, executed by John W. Friess and Hildegarde G Friess, his wife, for: The north 20 feet of the east 9 89 feet of Lot 6, Livonia Hills Estates Subdivision, as recorded in Liber 81, Pages 92 and 93, Wayne County Records, said subdivision being a part of the N.W 1/4 of Section 6, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan. (Part of Tax Parcel No. 022-01-0006-001) (7) Grant of Easement, dated June 1, 1992, executed by Carolyn N. Brummund and Dorothy H. Smith, for: The east 12 feet of the West 52 feet of that part of Outlot A, Livonia Hills Estates Subdivision, as recorded in Liber 81, Pages 92 and 93, Wayne County Records, said subdivision being a part of the N.W. 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, said part being more particularly described as beginning at the southwest corner of said Outlot A; thence North 0° 10' 50" East, 100.00 feet; thence North 89° 20' 02" East, 381.24 feet; thence southwesterly along a curve convex to the southeast, radius 170.00 feet, arc 61.42 feet; thence along a curve convex to the northwest, radius 302.42 feet, arc 80 21 feet; thence South 89° 03' 11" West, 281.94 feet to the point of beginning (Part of Tax Parcel No 022-01-0046-005), and the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office 27491 of the Register of Deeds, and FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute, for and in behalf of the City of Livonia, an Easement Agreement between the Digital Equipment Corporation and the City of Livonia, said agreement setting forth a ten (10) foot wide easement for water main purposes across the Digital Equipment Corporation property located in the North 1/2 of Section 6, and the City Clerk is hereby requested to have same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Toy, seconded by McGee, and unanimously adopted, it was: #143-93 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated February 9, 1993, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $605 from the parties indicated in the aforesaid communication, the said sum to be deposited in and appropriated to Account 702-000-285-216 for use in the Senior Citizen Programs. Kavanagh left the podium at 9:59 p.m due to a potential conflict of interest pertaining to the next item On a motion by Feenstra, seconded by McGee, it was: #144-93 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 Wednesday, March 31, 1993 at 8:00 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 92-12-1-27, submitted by F. Patrick Devine on behalf of KA-DE Investments for a change of zoning on property located on the north side of Lyndon Avenue, west of Farmington Road, in the Northeast 1/4 of Section 21, from R-2 to OS, the City Planning Commission in its resolution 2-31-93 having recommended to the City Council that Petition 92-12-1-27 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public iir hearing, cause to have a 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 27492 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 resolution with the following result: AYES: Feenstra, McGee, Ochala, and Taylor. NAYS: Toy. The President declared the resolution adopted. Kavanagh returned to the podium at 10:00 p.m. On a motion by Ochala, seconded by McGee, and unanimously adopted, it was: #145-93 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was: #146-93 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated February 24, 1993, the Council does hereby consent to and confirm the appointment of Ms. Sherry Broyles, 33948 Sleepy Hollow, Livonia, MI 48150, to the Board of Review for a term of one year, commencing February 24, 1993 and expiring February 16, 1994, provided she takes the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the City Clerk. McGee made the following disclosure respecting a conflict of interest on this matter: Mr. President, I have previously disclosed the existence of iim a conflict of interest with respect to this matter, and I therefore will abstain from any consideration of this agenda item. I refer to my prior statement and my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting. Thank you. 27493 McGee left the podium at 10:01 p.m. On a motion by Feenstra, seconded by Kavanagh, it was: ORDINANCE NO. 2163 AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE REFUNDING BONDS OF EQUAL STANDING WITH CERTAIN OUTSTANDING WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BONDS, TO PAY THE COST OF REFUNDING PART OF THE CITY'S WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BONDS, SERIES 1988 (LIMITED TAX GENERAL OBLIGATION) AND THE CITY'S WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BONDS, SERIES 1989 (LIMITED TAX GENERAL OBLIGATION) AND 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 THE SYSTEM; TO PROVIDE AN ADEQUATE RESERVE FUND FOR THE REFUNDING BONDS AND OUTSTANDING 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. (d) "Issuer" or "City" means the City of Livonia, County of Wayne, State of Michigan. (e) "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. (f) "Outstanding Bonds" means the Issuer's Water Supply and Wastewater System Revenue Bonds, Series 1988 (Limited Tax General Obligation), in the aggregate outstanding principal amount of Four Million Five Hundred Thousand Dollars ($4,500,000), which bonds are dated as of December 1, 1988, and mature serially on November 1st of each of the years 1989 to 2009, inclusive and 27494 Water Supply and Wastewater System Revenue Bonds, Series 1989 (Limited Tax General Obligation) , in the aggregate principal amount of Four Million Six Hundred Fifty Thousand Dollars ($4,650,000), which bonds are dated as of November 1, 1989, and mature serially on November 1st of each of the years 1990 through 2009, inclusive. (g) "Outstanding Ordinances" means Ordinance No. 1958 and Ordinance No. 2015. (h) "Refunding Bonds" means the Water Supply and Wastewater System Revenue Refunding Bonds, Series 1993 (Limited Tax General Obligation) of the Issuer authorized by this Ordinance. (i) "Refunded Bonds" means a portion of the Outstanding Bonds as shall be identified in the Sales Resolution referred to herein. (j) "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. (k) "Sales Resolution" means the Sales Resolution to be adopted by the Issuer respecting the sale of the Refunding Bonds. (1) "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. (m) "System" means the entire Water Supply and Wastewater System of the City, both inside and outside the City including all plants, works, instrumentalities and properties, used or useful in connection with the collection and treatment of sanitary sewage, and all facilities used or useful in the supply and distribution of water as the same now exists, and all enlargements, extensions, repairs and improvements thereto hereafter made. (n) "Transfer Agent" and/or "Escrow Agent" means NBD Bank, N.A. , Detroit, Michigan. 27495 (o) "Underwriter" means Hutchinson, Shockey, Erley & Co. , as representative of the purchasers of 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 expenses incident thereto and incident to the issuance and sale of the Bonds, the Issuer shall borrow the sum of not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000), 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 City funds on hand and legally available for such use, including moneys in the bond reserve accounts established for 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 1993 (Limited Tax General Obligation), shall be payable primarily 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 April 1, 1993 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 1993 to 2009, 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 8% per annum, payable on May 1 and November 1 of each year, commencing November 1, 1993, 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 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, 27496 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, the City Clerk and the City Treasurer 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 City Clerk of the Issuer upon payment of the purchase 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 16 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. 27497 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 6. Payment of Bonds. The Bonds and the interest thereon shall be payable primarily from the Net Revenues, and to secure such payment, there is hereby created 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 first lien referred to herein shall be equally shared and be a first priority with the City's Outstanding 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 except for payment from the deposited funds, and the Bonds of that series shall no longer be considered to be outstanding under this Ordinance. In addition, since more than 25% of the cost of the Projects for which the Outstanding Bonds were issued were defrayed from the proceeds of grant funds, the City has previously pledged to the Outstanding Bonds and does hereby reaffirm its pledge to the Refunding Bonds its limited tax full faith and credit for the payment of the principal of and interest on the Refunding Bonds. Should the Net Revenues of the System be at any time insufficient to pay the principal of and interest on the Refunding Bonds and/or the Outstanding Bonds, as the same becomes due, then the City shall advance from any funds available therefor; or, if necessary, levy taxes on all taxable property in the City, subject to applicable constitutional, charter and statutory limitations, such sums as may be necessary to pay said principal 27498 and interest Such funds shall be deposited directly into the iim Bond and Interest Redemption Fund established pursuant to Section 13 (B) of Ordinance No. 1958, and the City shall be reimbursed for any such advance from the Net Revenues of the System subsequently received which are not otherwise pledged or encumbered by the Outstanding Ordinances or this Ordinance. 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 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 Lir provide for the payment of the principal of and interest on the Bonds as the same become due and payable, and the maintenance of the reserve therefor and to provide for all other obligations, expenditures and funds for the System required by law and this 27499 Ordinance. 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 Fund. The Reserve Account in the Bond and Interest Redemption Fund, as established and supplemented by the Outstanding Ordinances shall be maintained in such amounts, so that said Bond Reserve Account shall total a sum equal to the lesser of (a) such amount as is equal to the largest annual debt service requirement on the Bonds or (b) 10% of the principal amount of the Bonds. In the event that the interest in said Reserve Account is greater than such largest annual debt service requirement such excess amount shall be promptly transferred to the Receiving Fund. 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. In addition, there shall be deposited to the Bond Reserve Account from the proceeds of the Refunding Bonds, a sum, which taken together with moneys transferred from the Bond Reserve Accounts established and maintained, if any and/or sums transferred from System funds on hand and legally available for such use, if any, which will be sufficient to meet the requirements of Section 11 hereunder. Certain of the proceeds of the Refunding Bonds and, if deemed necessary or advisable by the Issuer, moneys on hand in the outstanding Bond Reserve Accounts, 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 all of the Refunded Bonds, which are to be refunded hereunder and shall be used only for such purposes. If deemed necessary or advisable by the Issuer, the Escrow Fund may consist of two or more separate funds as provided in the Escrow Agreement. The Escrow Fund shall be held by NBD Bank, N.A. , as the Escrow Agent (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 27500 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 November 1, 1993. The City Clerk, the City Treasurer and the Finance Director 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 1993 (LIMITED TAX GENERAL OBLIGATION) imp Interest Maturity Date of Original Rate Date Issue CUSIP November 1, April 1, 1993 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Livonia, County of Wayne, State of Michigan (the "Issuer") , for value received, hereby promises to pay, primarily out of the hereinafter described Net Revenues of the Issuer's Water Supply and Wastewater System (hereinafter defined) 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 November 1, 1993 , and semiannually thereafter. Principal of this bond is payable upon surrender of this bond at the principal corporate trust office of NBD Bank, N.A. , Detroit, Michigan or such other Transfer Agent as the Issuer may hereafter designate by notice mailed to the registered owner not less than 60 days prior to the date of any change in Transfer Agent. 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 27501 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 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 certain of the Issuer's outstanding Water Supply and Wastewater System Revenue Bonds. 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 Issuer's Water Supply and Wastewater System Revenue Bonds authorized by Ordinances Nos. 1958 and 2015 which are not being refunded with the proceeds of the bonds of this Issue. (Bond of this issue are not subject to redemption prior to maturity] [Bonds of this issue maturing in the years to inclusive, are not subject to redemption prior to maturity. Bonds or portions of bonds in multiples of $5 , 000 maturing in the year and thereafter may be redeemed at the option of the Issuer, in such order as the Issuer shall determine and within any maturity by lot, on any interest payment date on or after 1, at par and accrued interest to the date fixed for redemption plus a premium expressed as a percentage of par as follows: % of the par value of each bond or portion thereof called for redemption on or after , but prior to , ; % of the par value of each bond or portion thereof called for redemption on or after , , but prior to , ; % of the par value of each bond or portion thereof called for redemption on or after , , but prior to , ; 27502 No premium shall be paid on bonds or portions of bonds if called for redemption on or after , 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 of any bond or portion thereof shall be given by the Transfer Agent at least thirty (30) days prior to the date fixed for redemption by mail to the registered owner at the registered address shown on the registration books kept by the Transfer Agent. Bonds shall be called for redemption in multiples of $5, 000 and any bond of a denomination of more than $5, 000 shall be treated as representing the number of bonds obtained by dividing the denomination of the bond by $5, 000 and such bond may be redeemed in part. Notice of redemption for a bond redeemed in part shall state that upon surrender of the bond to be redeemed a new bond or bonds in aggregate principal amount equal to the unredeemed portion of the bonds surrendered shall be issued to the registered owner thereof. No further interest on a bond or portion thereof called for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided funds are on hand with the Transfer Agent to redeem the bond or portion thereof. ) This bond is primarily a self-liquidating bond and is first payable, 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. As additional security for the payment of the principal of and interest on this bond and the series of which it is one, the City has pledged its limited tax full faith and credit for such payment, and if necessary, the City will levy taxes on all taxable property in the City for such purpose, subject to applicable constitutional , charter and statutory limitations . 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 and any additional bonds of equal standing as and when the same shall become due and payable, and to create and 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 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 . 27503 This bond is transferable only upon the books of the Issuer kept for that purpose at the office of the Transfer Agent by the iw 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, its City Clerk and its City Treasurer and a facsimile of its corporate seal to be Lir printed on this bond, all as of the Date of Original Issue. CITY OF LIVONIA By Mayor (Seal) Countersigned: City Clerk City Treasurer 110 27504 Certificate of Authentication This bond is one of the bonds described in the within- mentioned Ordinances. NBD BANK, N.A. By Authorized Signatory Date of Registration: Section 14. Sale of Bonds. The City Clerk, City Treasurer and Finance Director 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 City Clerk, Finance Director, City Treasurer and City Attorney 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. 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. The Refunding Bonds are hereby designated as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions. Section 16. Savings Clause. Ordinance Nos. 1958 and 2015 shall continue in effect, except as specifically supplemented or altered herein. Section 17. 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 18. 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 27505 recorded in the Ordinance Book of the Issuer and such recording iim authenticated by the signatures of the Mayor and City Clerk. Section 19. Other Matters The Finance Director and/or the City Clerk are each authorized and directed to (a) file with the Michigan Department of Treasury an application for prior approval of the issuance of the Bonds together with requests for such waivers as each shall deem necessary or appropriate, (b) 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; and (c) do all other acts and take all other necessary procedures required to effectuate the sale, issuance and delivery of the Bonds. Section 20. 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 roll call vote was taken on the foregoing ordinance with the following result: AYES: Feenstra, Kavanagh, Ochala, Toy, and Taylor. NAYS: None. The President declared the ordinance adopted On a motion by Kavanagh, seconded by Toy, it was: #147-93 RESOLVED, that the Council does hereby request that the Finance Director submit a report which sets forth in detail a breakdown of all costs incurred by the City of Livonia during the last 12 months with respect to all bond issues. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, Ochala, Toy, and Taylor. NAYS: None. The President declared the resolution adopted. McGee returned to the podium at 10:15 p.m. No one wished to speak during the audience communication portion at the end of the meeting. ibm 27506 On a motion by Feenstra, seconded by Toy, and unanimously Iwo adopted, this 1,243rd Regular Meeting of the Council of the City of Livonia was adjourned at 10:16 p.m. , February 24, 1993. ii01.141A , f / J' -n McCotter, City Clerk