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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-01-13 27392 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 13, 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 8:03 p.m. Councilman McGee delivered the invocation. Roll was called with the following result Michael P. McGee, Sean P. Kavanagh, Ron Ochala, Fernon P. Feenstra, and Gerald Taylor. Absent: Laura M Toy (illness) and Dale A Jurcisin (City business). Elected and appointed officials present Robert D. Bennett, Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Joan McCotter, City Clerk; Harry Tatigian, City Attorney; Karen A. Szymula, Director of Legislative Affairs; Lee Grieve, Police Chief; and John Fegan, Director of Inspection. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #1-93 RESOLVED, that the minutes of the 1,239th Regular Meeting of the Council of the City of Livonia, held December 21, 1992, are hereby approved as submitted No one wished to speak during the audience communication portion at the beginning of the meeting Items 11 and 14 were removed from the Consent Agenda at the direction of the Chair. On a motion by Feenstra, seconded by McGee, it was: #2-93 RESOLVED, that having considered a communication from the President of the Livonia Symphony Society Inc. , dated December 11, 1992, requesting authorization to conduct the Third Annual "Chip in for the Arts" Golf Outing on June 30, 1993 at the imm Whispering Willows Golf Course, and which also requests a waiver of all fees, and having also considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 4, 1993, approved for submission by the Mayor, the 27393 Council does hereby approve the date of June 30, 1993 for use of L the Whispering Willows Golf Course for this golf outing, but refers the request for a waiver of fees to the Finance and Insurance Committee for its report and recommendation. #3-93 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 17, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Tarr's Tree Service, 2009 Milverton, Troy, Michigan 48084, for completing all work required in connection with the City's 1993 Tree and Stump Removal Program, for the estimated total cost of $15,910 00, based upon the Public Service Division'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; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary, so long as the total of these 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. ibm #4-93 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 25, 1992, and submitted pursuant to Council Resolution 562-92 in connection with a letter from University Transportation Services, 8508 N. Lilley, Canton, Michigan 48187, received by the Office of the City Clerk on June 19, 1992, wherein a request is submitted for a motor bus license, the Council does hereby declare its finding, in accordance with Sections 5 51 040 and 5 51 070 of the Livonia Code of Ordinances, that there is public convenience and necessity required for the proposed motor bus service and that upon submission of a proper application in writing that a motor bus license for the operation of two motor buses be issued by the City Clerk upon payment of the license fee and filing of an insurance policy or bond, in accordance with Ordinance requirements. #5-93 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 8, 1992, approved for submission by the Mayor, to which is attached a proposed software maintenance agreement between Digital Equipment Corporation and the City of Livonia, wherein the Digital Equipment Corporation would provide a high level technical support plan for the Livonia Police Department computer system for the sum of $15,600.00, the Council does hereby approve this agreement and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to affix their signatures to such contract, as well as to do all other things necessary or incidental to the full performance of this resolution; and 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 27394 A communication from the Conference of Western Wayne, dated December 14, 1992, re: Wayne County Chronology of 1/10 Jail Millage was received and placed on file for the information of the Council A communication from the Inspection Department, dated December 7, 1992, re: alleged Ordinance violations at 9095 Cardwell was received and placed on file for the information of the Council. (CR 860-92) A communication from the Inspection Department, dated December 9, 1992, re: alleged Ordinance violation at 28623 Minton (business activity in a residential neighborhood) was received and placed on file for the information of the Council. (CR 872-92) A communication from the Inspection Department, dated December 10, 1992, re: Ordinance violation at 11701 Belden was received and placed on file for the information of the Council. (CR 858-92) A communication from the Inspection Department, dated December 9, 1992, re: Ordinance violations at 27820 Seven Mile Road was received and placed on file for the information of the Council (CR 859-92) A communication from the Department of Law, dated December 16, 1992, re legal ramifications of the fence and wall relocation at the Greenmead Farm Complex, including consideration of applicable provisions of City Ordinance, State Statute and Federal Law was received and placed on file for the information of the Council. (CR 920-92) #6-93 RESOLVED, that having considered a communication from Councilmember Fernon P. Feenstra, dated December 21, 1992, with regard to a proposed change in the classification of Secretary III in the office of the Zoning Board of Appeals to a new classification of Administrative Assistant, the Council does hereby refer this item to the Council Ad Hoc Personnel Committee for its report and recommendation. ifts 27395 117-93 RESOLVED, that having considered a communication from ifts the City Planning Commission, dated December 23, 1992, which transmits its resolution 12-536-92, adopted on December 15, 1992, with regard to the proposed preliminary plat of Orangelawn Woods Subdivision to be located north of Orangelawn Avenue between Stark Road and Farmington Road in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on December 15, 1992, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: McGee, Kavanagh, Ochala, Feenstra, and Taylor NAYS: None. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #8-93 RESOLVED, that having considered a communication from the City Engineer, dated December 21, 1992, approved for submission by the Mayor, to which are attached lists of sidewalks requiring installation, repair and/or replacement within miscellaneous locations throughout the City of Livonia, 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, repair, or to remove and replace sidewalk 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 and/or reconstruction of the said sidewalks; FURTHER, the Council does hereby authorize the construction, and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility; and FURTHER, the Engineering Department is hereby authorized to finalize plans and specifications and arrange for the taking of bids for the 1993 Sidewalk Program, which program Lwill include all required work which has not been completed by private property owners by June 1, 1993. 27396 On a motion by Feenstra, seconded by Kavanagh, and unanimously Ladopted, it was #9-93 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 Monday, February 22, 1993, at 8:00 p.m. , at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 92-10-1-23, submitted by Stuart Frankel for a change of zoning on property located on the south side of Six Mile Road between Fitzgerald Avenue and Newburgh Road in the Northwest 1/4 of Section 17, from OS to C-2, P and AG, the City Planning Commission in its resolution 12-537-92 having recommended to the City Council that Petition 92-10-1-23 be approved, as amended; and (2) Petition 92-10-1-24, submitted by William Fried for Kevin Crute and John Dinan for a change of zoning on property located on the south side of Pembroke between Newburgh Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to RE, the City Planning Commission in its resolution 12-538-92 having recommended to the City Council that Petition 92-10-1-24 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #10-93 RESOLVED, that having considered a communication dated December 18, 1992, from Kelly Schein, co-owner of House of Billiards, which in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on December 15, 1992 by the City Planning Commission in its resolution 12-542-92 with regard 27397 to Petition 92-10-2-43 submitted by Kelly Schein requesting imo waiver use approval to utilize a Class C liquor license in conjunction with an existing billiard hall located on the south side of Eight Mile Road between Grand River Avenue and Angling Road in the Northeast 1/4 of Section 1, which property is zoned C-2, the Council does hereby designate Wednesday, March 31, 1993 at 8:00 p.m. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #11-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1992, and submitted pursuant to Council Resolution 1101-88 in connection with Police Department correspondence, dated October 3, 1988, with regard to establishing an auto pound in the City's landfill site, the Council does hereby determine to take no Lfurther action. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #12-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1992, and submitted pursuant to Council Resolution 1101-88 in connection with Police Department correspondence, dated October 3, 1988, with regard to establishing an auto pound in the City's landfill site, the Council does hereby request a report and recommendation from the Director of Public Works as to potential use of the leased area of the landfill upon expiration of the current lease (Best Block - Basile) . On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #13-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1992, with regard to a discussion conducted concerning requesting bids for a towing contract, the Council does hereby refer this Litem to the Finance and Insurance Committee for its report and recommendation. 27398 On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #14-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1992, with regard to a discussion conducted concerning requesting bids for a towing contract, the Council does hereby request that the Legislative Committee submit a report and recommendation on the question of whether to legally regulate vehicles towed by private companies and/or revise the Traffic Ordinance to the extent necessary to reflect current practice. A communication from the Chief of Police, dated January 4, 1993, re the request from Livonia Towing, Incorporated, 12955 Levan, Livonia, MI 48150, dated April 25, 1989, for an increase in towing rates was received and placed on file for the information of the Council (CR 451-89) On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #15-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1992, and submitted pursuant to Council Resolution 235-91 in connection with the question of whether the City should establish a procedure wherein the City would give preference to local bidders (in lieu of low bidders) as well as review of the entire bidding process, the Council does hereby refer this item to the Department of Law for its report and recommendation On a motion by Feenstra, seconded by Ochala, it was: #16-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1992, and submitted pursuant to Council Resolution 906-92 in connection with the report and recommendation of the City Planning Commission, dated December 18, 1990, which sets forth its resolution 12-504-90, adopted on December 11, 1990, with regard to Petition 90-11-1-31, submitted by Dominic Soave for a change of zoning on property located on the east side of Newburgh Road north of Seven Mile Road in the Southwest 1/4 of Section 5, from RUFC to C-1, and the Council having conducted a public hearing with regard to this matter on March 13, 1991, pursuant to Council Resolution 22-91, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 90-11-1-31 is hereby approved and granted, as modified so as to rezone the subject property from RUFC to C-1 and OS; and the City Planner is hereby instructed to cause the necessary map for 27399 publication to be prepared indicating the zoning changes 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 No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Ochala, Feenstra, and Taylor. NAYS: McGee. The President declared the resolution adopted On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #17-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 15, 1992, and submitted pursuant Council Resolution 521-90 with regard to the archiving of City Council Study and Regular Meeting video tapes at the Civic Center Library for a ten-year period, the Council does hereby amend and revise Council Resolution 520-90 to the extent necessary so that archiving of Study and Regular Meeting tapes shall be for a period of two years, such action to commence on January 1, 1994 and annually thereafter. Kavanagh gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11 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 92-7-1-15) 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. McGee gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF LORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 92-7-1-19) 27400 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 11 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 92-7-1-16) 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 Kavanagh took from the table, for second reading and adoption, the following Ordinance, as revised: AN ORDINANCE AMENDING SECTION 160 OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McGee, Kavanagh, Ochala, Feenstra 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 020 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH D THERETO. 27401 A roll call vote was taken on the foregoing Ordinance with the following result AYES: McGee, Kavanagh, Ochala, Feenstra, and Taylor NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #18-93 RESOLVED, that having considered a communication from the City Assessor, dated November 25, 1992, approved for submission by the Mayor, with regard to a request from Mr John Mahn, 34393 Plymouth Road, Livonia, Michigan 48150, in behalf of Ms. Margaret Couch, 19443 Weyher, Livonia, Michigan 48152, 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 46 003 02 0038 000 (includes Lot 39) into two parcels, the legal descriptions of which shall read as follows: Lot 38, Iris Gardens Subdivision, as recorded in Liber 67, Page 55, Wayne County Records, said subdivision being a part of the S W 1/4 of Section 1, T 1S , R 9E , City of Livonia, Wayne County, Michigan Lot 39, Iris Gardens Subdivision, as recorded in Liber 67, Page 55, Wayne County Records, said subdivision being a part of the S W. 1/4 of Section 1, T 1S , R 9E , City of Livonia, Wayne County, Michigan 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 27402 On a motion by Ochala, it was L RESOLVED, that having considered a communication from the City Assessor, dated December 9, 1992, approved for submission by the Mayor, with regard to a request from Mr. Silvio Delibero, 19992 Ellen, Livonia, Michigan 48152, in behalf of Mr. Ernest Rattai, 19909 St Francis, Livonia, Michigan 48152, 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. 46 001 04 0238 000 (includes Lot 239) into two parcels, the legal descriptions of which shall read as follows: Parcel A 01D238 Argonne Sub T1S R9E L40 P5 WCR Lot 238 Parcel B 01D239 Argonne Sub T1S R9E L40 P5 WCR Lot 239 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 14, 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. The President declared the resolution failed for lack of support. On a motion by Feenstra, seconded by McGee, it was #19-93 RESOLVED, that having considered a communication from the City Assessor, dated December 9, 1992, approved for submission by the Mayor, with regard to a request from Mr. Silvio Delibero, 19992 Ellen, Livonia, Michigan 48152, in behalf of Mr. Ernest Rattai, 19909 St Francis, Livonia, Michigan 48152, 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 determine to deny the request for dividing Tax Item No. 46 001 04 0238 000 (includes Lot 239) into two parcels since the same would be in violation of the City's zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the foregoing resolution with the following result: 161. AYES: McGee, Feenstra, and Taylor NAYS: Kavanagh and Ochala. The President declared the resolution adopted. 27403 On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was #20-93 RESOLVED, that the Council does, in accordance with Section 23.01(a) of Zoning Ordinance 543, as amended, request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether the property located in the Argonne Subdivision, located east of Inkster and north of Pembroke should be rezoned from RUF to a more appropriate residential zoning classification. On a motion by Feenstra, seconded by McGee, it was: #21-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 15, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits final cost information with regard to the improvement of Ellen Drive (Five Mile north to Roycroft) in the Southwest 1/4 of Section 16, pursuant to S A.D No 363, the Council does hereby determine as follows a) To authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S A.D No 363 from $19,037.54 to $18,837 13, with the assessments to be reduced to the assessment rate of $12 22 p.a f ; b) To establish the final project cost at $125,580 86, of which total, $18,837 13 is to be charged to the special assessment district and $106,743 73 is to be assumed by the City's Michigan Transportation Fund (Local Road Account) receipts; and c) To authorize an expenditure in the amount of $125,580 86 from the $12 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($18,837 13) and from Michigan Transportation Fund (Local Road Account) receipts ($106,743.73). A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Ochala, and Feenstra. NAYS: Kavanagh and Taylor. lim The President declared the resolution adopted On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: 27404 #22-93 RESOLVED, that having considered a communication from the City Planning Commission, dated December 14, 1992, which transmits its resolution 12-525-92, adopted on December 1, 1992, with regard to Petition 92-9-2-36, submitted by Robert E Rashid, requesting waiver use approval to operate a full service restaurant (Major Magic) in an existing building 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, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-9-2-36 is hereby approved and granted, subject to the following conditions: 1) That Building Elevation Plans dated 10-19-92, prepared by Klaetke & Marino, Architects and 9-24-92, prepared by Wah Yee Associates are hereby approved and shall be adhered to; 2) That the signs shown on the elevation plans are not part of this approval and shall be submitted pursuant to the vicinity control ordinance; 3) That the number of customer seats shall not exceed 436; 4) That before the issuance of a Certificate of Occupancy, those site improvements as set forth in letter dated November 19, 1992, submitted by Stephen J Duczynski, lim Vice President of Schostak Brothers & Company, Inc. in connection with subject petition shall be fully implemented; and 5) That no patron under the age of 18 shall be admitted on the premises unless accompanied by an adult On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was #23-93 RESOLVED, that having considered a communication from the City Planning Commission, dated December 14, 1992, which transmits its resolution 12-533-92, adopted on December 1, 1992, with regard to a Sign Permit Application submitted by Rally's Inc. for two (2) ground signs, two (2) wall signs and two (2) menu order boards on property located at 33500 Plymouth Road in Section 28, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following conditions: 1) That the sign package dated 11/30/92 for the Rally's Restaurant at 33500 Plymouth Road is hereby approved and shall be adhered to; and 2) That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals for excessive number of signs 27405 On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #24-93 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 365, more particularly described in Council Resolution 834-92, adopted on November 9, 1992, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Cane Woods Subdivision in said Special Assessment District No 365; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of the installation of 100 watt high pressure sodium lights on colonial post top poles in the Cane Woods Subdivision, located in the Southwest 1/4 of Section 4, and that the assessments set forth in said Special Assessment District No 365 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of ibm the City Council; said Special Assessment Roll No. 365 based on the installation of 100 watt high pressure sodium lights on colonial post top poles in the Cane Woods Subdivision located in the Southwest 1/4 of Section 4 is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3 08. 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #25-93 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 366 for a proposed street improvement of Pembroke Avenue (Flamingo Boulevard to Purlingbrook Road) in the West 1/2 of Section 2, City of Livonia, Wayne County, Michigan, with a 20 ft. wide 4" thick asphalt pavement, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of im. Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, December 16, 1992 at 7:30 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments 27406 levied on the special assessment roll as prepared by the City Assessor, as revised, to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 366; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated October 19, 1992, as revised, in the amount of $9,999 27 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No 366 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) percent per annum on the unpaid balance of the assessment from December 1, 1993 Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible The first installment shall be due and payable December 1, 1993 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3.08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1, 1993; (5) The first installment shall be spread upon the 1994 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 1993 27407 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 .08.200, or after the expiration of the sixty (60) day period as provided by Section 3.08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; and (6) The City Council does hereby determine to pay 52.77% of the total costs ($11,172.47) . On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #26-93 RESOLVED, that the City of Livonia has received an application from Diversey Corp , 12025 Tech Center Drive, Livonia, Michigan 48150-2122, dated October 27, 1992 for a transfer of the tax abatement previously granted to J.J. International Automotive Corporation (originally Arcad, Inc. ) on October 18, 1989 in Council Resolution 986-89 and as amended in Council Resolution 184-90, adopted on February 28, 1990, for ten years for a 100,000 square foot building completed in 1989 which is located in City of Livonia Industrial Development District No. 46; and the Council having conducted a public hearing with regard to this matter on December 16, 1992, pursuant to Council Resolution 836-92, and FURTHER, the Council having received a letter from Mr. Mark J. Hanket, Esq. , General Counsel and Corporate Secretary of Diversey Corp. , dated December 7, 1992, which states in behalf of Diversey Corp. that its request for transfer is hereby withdrawn, the Council does hereby determine to deny this request for transfer in accordance with the request of Diversey Corp ; and the City Clerk is hereby requested to do all things necessary or incidental to the performance of this resolution. On a motion by McGee, seconded by Feenstra, it was: #27-93 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Diversey Corp. , 12025 Tech Center Drive, Livonia, Michigan 48150-2122, dated October 27, 1992, covering new industrial facilities to be located within City of Livonia Industrial Development District No 46; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i.e , the City of Livonia, and advised each of them that the said Application has been received; and 27408 WHEREAS, the City Council has afforded Diversey Corp , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 30 p m , Wednesday, December 16, 1992 at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. That the City Council, on the basis of the information received from the applicant, Diversey Corp. , finds and determines: (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Diversey Corp. covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 46, for 12 years. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Kavanagh, Feenstra, and Taylor NAYS: Ochala. The President declared the resolution adopted. 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 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 8 50 p m. On a motion by Feenstra, seconded by Kavanagh, it was: 27409 #28-93 WHEREAS, at an Election held in the City of Livonia iis (the "City") on November 7, 1989, the qualified electors of the City voted in favor of a bonding proposition in the amount of $12,000,000 to improve the City's streets and highways together with related appurtenances and attachments; AND WHEREAS, the City authorized and sold (a) its $1,500,000 1990 General Obligation Unlimited Tax Bonds as a first series of the total amount authorized by the electors, (b) its $4,000,000 1991 General Obligation Unlimited Tax Bonds as a second series of the total amount authorized by the electors and (c) its $3,000,000 1992 General Obligation Unlimited Tax Bonds as a third series of the total amount authorized by the electors; AND WHEREAS, it has been determined by the City Council, that at this time bonds in the principal amount of Three Million Five Hundred Thousand Dollars ($3,500,000) should be issued; being the fourth and final series of the total amount authorized by the electors NOW, THEREFORE, BE IT RESOLVED THAT: 1 Bonds of the City, designated 1993 General Obligation Unlimited Tax Bonds, be issued in the aggregate principal amount of Three Million Five Hundred Thousand Dollars ($3,500,000), for the purpose of paying the cost of certain of the street and imp highway improvements authorized by the electors; said issue to consist of bonds registered as to principal and interest of the denomination of $5,000 each or multiples of $5,000 not exceeding for each maturity the principal amount of such maturity, be dated as of March 1, 1993, numbered as determined by the transfer agent, and shall mature on March 1 in the years and amounts as follows AMOUNT YEAR AMOUNT YEAR $ 75,000 1994; $225,000 2000 and 2001; 100,000 1995 and 1996; 250,000 2002; 150,000 1997; 275,000 2003 and 2004; 175,000 1998; 300,000 2005; 200,000 1999; 375,000 2006 and 2007; 400,000 2008. Said bonds shall bear interest at a rate or rates to be determined on public sale thereof, but in any event not exceeding 8% per annum, payable on September 1, 1993, and semiannually thereafter on March 1st and September 1st of each year, by check drawn on the Transfer Agent (hereinafter defined), mailed to the registered owner at the registered address, as shown on the registration books of the City maintained by the Transfer Agent. Interest shall be payable to the registered owner of record as of imp the fifteenth day of the month prior to the payment date for each interest payment. Payment of interest as provided in this paragraph may be changed by the City to conform to market practice in the future The principal of the bonds shall be 27410 payable at the principal corporate trust office of a bank located in the State of Michigan to be selected by the Finance Director to act as registrar and transfer agent for the bonds (the "Transfer Agent") upon presentation and surrender of the appropriate bond The bonds shall not be sold at a price less than 100% of their par value and shall be subject to prior redemption as provided for in Section 5 hereof. Unless waived by any registered owner of bonds to be redeemed, official notice of redemption shall be given by the Transfer Agent on behalf of the City. Such notice shall be dated and shall contain at a minimum the following information: original issue date; maturity dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case of partial redemption); the called amounts of each certificate; the redemption date; the redemption price; the place where bonds called for redemption are to be surrendered for payment; and that interest on bonds or portions thereof called for redemption shall cease to accrue from and after the redemption date In addition, further notice shall be given by the Transfer Agent in such manner as may be required or suggested by regulations or market practice at the applicable time, but no defect in such further notice nor any failure to give all or any portion of such imp further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed herein The bonds shall be signed by the facsimile signatures of the Mayor, City Clerk and City Treasurer of the City No bond of this series shall be valid until authenticated by an authorized representative of the Transfer Agent, if necessary 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 2. The Treasurer shall open a special depositary account to be designated 1993 General Obligation Road Bonds Debt Retirement Fund (the "Debt Retirement Fund") All proceeds from taxes levied for the payment of the principal of, interest on and redemption premiums, if any, for the bonds and all investment income thereon shall be deposited into the Debt Retirement Fund. The moneys deposited in the fund shall be used solely for the purpose of paying the principal of, interest on and redemption or prepayment premiums, if any, for the bonds, and, as may be necessary, to rebate arbitrage earnings, if any, to the United States Department of Treasury as required by the Internal Revenue Code of 1986, as amended The accrued interest and premium, if any, received upon delivery of the bonds shall also be deposited in the Debt Retirement Fund 27411 3. There shall be deposited in a special depository account to be established by the Treasurer designated the 1993 General Obligation Road Bond Construction Fund (the "Construction Fund") the proceeds of the sale of the bonds exclusive of the accrued interest and the premium, if any, received upon delivery of the bonds. Except for investment pending disbursement and as hereinafter provided, the moneys in the Construction Fund shall be used solely and only to pay the costs of the improvements described in the preamble hereto, (including reimbursement to the City for funds expended on project costs prior to the receipt of bond proceeds), together with the costs of the issuance of the bonds, as such costs become due and payable and, as may be necessary, to rebate arbitrage earnings, if any, to the United States Department of Treasury as required by the Internal Revenue Code of 1986, as amended Moneys remaining in the Construction Fund after completion of the project may be used for any purpose permitted by law 4. Commencing with the fiscal year beginning December 1, 1992, it shall be the duty of the City to levy a tax annually in an amount sufficient so that the estimated collections therefrom will be sufficient to pay promptly when due the principal of and interest becoming due on said bonds prior to the time of the next year's tax levy, which tax levies shall not be subject to limitation as to either rate or amount. 5. The bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1993 GENERAL OBLIGATION UNLIMITED TAX BOND Date of Interest Rate Maturity Date Original Issue CUSIP March 1, March 1, 1993 Registered Owner: Principal Amount: Dollars THE CITY OF LIVONIA, Wayne County, State of Michigan (the HCity") , for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above, in lawful money of the United States of America on the Maturity Date specified above, unless prepaid prior thereto as hereinafter provided, with interest thereon from the Date of Original Issue specified above or such later date to which interest has been paid, L until paid, at the Interest Rate per annum specified above, first payable on September 1, 1993 and semiannually thereafter. Principal of this bond is payable upon presentation and surrender of this bond at the principal corporate trust office of , or such other transfer agent as the City may hereafter designate 27412 by notice mailed to the registered owner hereof not less than sixty (60) days prior to any change in transfer agent (the "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 fifteenth (15th) day of the month prior to each interest payment date, the registered owner, at the registered address as shown on the registration books of the City maintained by the Transfer Agent. This bond is one of a series of bonds of even Date of Original Issue, aggregating the principal sum of $3 , 500 , 000 issued under and in pursuance of a majority vote of the qualified electors of the City voting thereon at an election held on November 7 , 1989 and is the fourth and final series of such voter authorization. The series of bonds of which this is one is issued for the purpose of paying all or part of the cost of acquiring and constructing improvements to the City' s street and highway system. The full faith, credit and resources of the City are pledged for the payment hereof, and the City is obligated to levy annually sufficient taxes to provide for the payment of the principal of and interest on these bonds as they mature, without limitation as to either rate or amount. ir Bonds maturing in the years 1994 to 2002 , inclusive, shall not be subject to redemption prior to maturity. Bonds or $5 , 000 portions thereof maturing in the years 2003 to 2008 , inclusive, shall be subject to redemption prior to maturity, at the option of the City, in any order of maturity and by lot within a single maturity, on any interest payment date on or after March 1, 2002 at par and accrued interest to the date fixed for redemption plus a premium (expressed as a percentage of principal amount) as follows: 1-h% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2002 , but prior to March 1, 2003 ; 1% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2003 , but prior to March 1, 2004; 2% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2004 , but prior to March 1, 2005 ; No premium shall be paid on bonds or portions of bonds if called for redemption on or after March 1, 2005 . In case less than the full amount of an outstanding bond is called for redemption, the Transfer Agent, upon presentation of the bond called for redemption, shall register, authenticate and deliver to the registered owner of record a new bond or bonds in the principal amount of the portion of the original bond not called for redemption. 2741 3 Notice of redemption shall be given to the registered 160 owner of any bond to be redeemed by mailing of such notice not less than thirty (30) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City kept by the Transfer Agent. Bonds shall be called for redemption in multiples of $5 , 000 and bonds of denominations 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 bonds may be redeemed in part. The notice of redemption for bonds redeemed in part shall state that upon surrender of the bond to be redeemed, a new bond or bonds in the same aggregate principal amount equal to the unredeemed portion of the bond surrendered shall be issued to the registered owner thereof with the same interest rate and maturity. No further interest shall accrue on bonds called for redemption 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. Any bond may be transferred by the person in whose name it is registered, in person or by the registered owner' s duly authorized attorney or legal representative, upon surrender of the bond to the Transfer Agent for cancellation, together with a duly executed written instrument of transfer in a form approved by the Transfer Agent. Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate and deliver a new bond or bonds, in like aggregate principal amount, interest rate and maturity. The Transfer Agent shall require the registered owner requesting the transfer to pay any tax or other governmental charge required to be paid with respect to the transfer. The Transfer Agent shall not be required to register the transfer of or exchange any bond, during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of bonds selected for redemption and ending at the close of business on the day of that mailing. It is hereby certified and recited that all acts, conditions and things required to be done, exist and happen, precedent to and in the issuance of said series of bonds of which this is one, in order to make them valid and binding obligations of the City, have been done, exist and have happened in regular and due form and time as provided by law, and that the total indebtedness of the City, including the series of bonds of which this is one, does not exceed any constitutional, charter or statutory limitation. 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. 27414 IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council , has caused this bond to be signed in the name of the City by the facsimile signatures of its Mayor, its City Clerk and its City Treasurer, all as of the Date of Original Issue. CITY OF LIVONIA COUNTY OF WAYNE STATE OF MICHIGAN By [Facsimilel Mayor Countersigned: rFacsimilel City Clerk rFacsimilel City Treasurer isso [FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION] Certificate of Authentication This bond is one of the bonds described above. Transfer Agent By Authorized Signature Date of Authentication 27415 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto - Please insert Social Security or Other Identifying Number of Assignee (please print or type name and address of transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoint attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: In the presence of: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. When assignment is made by a guardian, trustee, executor or administrator, an officer of a corporation, or anyone in a representative capacity, proof of his authority to act must accompany the bond. 6. The City Clerk shall cause an official statement with respect to the bonds to be prepared and circulated to prospective purchasers of the bonds, fix a date for sale of the bonds and publish notice of sale of the bonds in an authorized newspaper at least seven (7) days prior to the date of sale of the bonds, which notice of sale shall be in substantially the following form: 27416 OFFICIAL NOTICE OF SALE $3 , 500 , 000 CITY OF LIVONIA COUNTY OF WAYNE STATE OF MICHIGAN 1992 GENERAL OBLIGATION UNLIMITED TAX BONDS SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the offices of the City Clerk, located at 33001 Civic Center Drive, Livonia, Michigan 48154 , on Wednesday, the 10th day of February, 1993 , until 4 : 00 o'clock p.m. , Eastern Standard Time, at which time and place said bids will be publicly opened and read. Bids will be simultaneously opened and read at the offices of the Municipal Advisory Council of Michigan, 1445 First National Building, Detroit, Michigan 48226 . Award of the bids will be considered by the City Council on the same day. BOND DETAILS : Said bonds will be registered bonds, of the denomination of $5 , 000 or multiples thereof not exceeding for each maturity the principal amount of such maturity, dated as of March 1, 1993 , and will bear interest from their date, payable on September 1, 1993 , and semiannually thereafter. Said bonds will mature on March 1st in the years and in the amounts as follows : AMOUNT YEAR AMOUNT YEAR $ 75 , 000 1994 ; $225 , 000 2000 and 2001; 100, 000 1995 and 1996; 250, 000 2002 ; 150, 000 1997 ; 275 , 000 2003 and 2004 ; 175, 000 1998 ; 300, 000 2005; 200, 000 1999 ; 375 , 000 2006 and 2007 ; 400, 000 2008 . PRIOR REDEMPTION: Bonds maturing in the years 1994 to 2002 , inclusive, shall not be subject to redemption prior to maturity. Bonds or $5, 000 portions thereof maturing in the years 2003 to 2008 , inclusive, shall be subject to redemption prior to maturity, at the option of the City, in any order and by lot within a single maturity, on any interest payment date on or after March 1, 2002 , at par and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of par value) as follows: 11/2% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2002 , but prior to March 1, 2003 ; 27417 1% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2003 , but prior to March 1, 2004 ; 2% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2004 , but prior to March 1, 2005 ; No premium shall be paid on bonds or portions of bonds called for redemption on or after March 1, 2005 . In case less than the full amount of an outstanding bond is called for redemption, the transfer agent, upon presentation of the bond called for redemption, shall register, authenticate and deliver to the registered owner of record a new bond or bonds in the principal amount of the portion of the original bond not called for redemption. Notice of redemption shall be given to the holders of bonds to be redeemed by mailing of such notice not less than thirty (3 0) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City. No further interest payable on bonds called for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided the City has money available for such redemption. to INTEREST RATE AND BIDDING DETAILS : The bonds shall bear interest at a rate or rates not exceeding 8% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1% , or both. THE INTEREST RATE BORNE BY BONDS MATURING ON OR AFTER MARCH 1, 2003 SHALL NOT BE LESS THAN THE INTEREST RATE BORNE BY BONDS MATURING IN THE RESPECTIVE PRECEDING YEAR. The interest on any one bond shall be at one rate only, and all bonds maturing in any one year must carry the same interest rate. The difference between the highest and lowest interest rate on the bonds shall not exceed 3% per annum. No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. TRANSFER AGENT AND REGISTRATION: Principal and interest shall be payable at the principal corporate trust office of , Michigan, or such transfer agent as the City may hereafter designate by notice mailed to the registered owner not less than 60 days prior to any change in transfer agent. Interest shall be paid when due by check mailed to the registered owner as shown by the registration books of the City as of the 15th day of the month prior to any interest payment date. The bonds will be transferable only upon the registration books of the City kept by the transfer agent. 27418 PURPOSE AND SECURITY: The bonds were authorized at an election held November 7 , 1989 , for street and highway system improvements and are the fourth and final issue of a tota•1 authorization of $12 , 000, 000 The bonds will pledge the full faith and credit of the City for payment of the principal and interest thereon, and will be payable from ad valorem taxes, which may be levied without limitation as to rate or amount. The rights or remedies of bondholders may be affected by bankruptcy, insolvency, fraudulent conveyance or other laws affecting creditors' rights generally, now existing or hereafter enacted and by the application of general principles of equity including those relating to equitable subordination. TAX MATTERS: In the opinion of Miller, Canfield, Paddock and Stone, bond counsel, assuming compliance with certain covenants by the City, the bonds will be exempt from taxation in the State of Michigan and from federal income tax, subject, in both cases, to certain exceptions described in bond counsel's opinion. QUALIFIED TAX-EXEMPT OBLIGATIONS: The City has designated the bonds as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions . GOOD FAITH: A certified or cashier's check in the amount of $70, 000 drawn upon an incorporated bank or trust company and two payable to the order of the City must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds . No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. AWARD OF BONDS : The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from March 1, 1993 , to their maturity and deducting therefrom any premium. LEGAL OPINION: Bids shall be conditioned upon the approving opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of each bond and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees of Miller, Canfield, Paddock and Stone for services rendered in connection with such approving opinion are expected to be paid from bond proceeds. Except to the extent necessary to issue their approving opinion as to the validity of the above bonds, Miller, Canfield, Paddock and Stone has not been requested to examine ti• or review and has not examined or reviewed any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or 27419 marketing of the bonds , and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials . DELIVERY OF BONDS . The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser at Detroit, Michigan or such other place to be mutually agreed upon. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Standard Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw its pro- posal by serving notice of cancellation, in writing, on the undersigned in which event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in immediately available funds . Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery . Unless the purchaser furnishes the transfer agent with a list giving the denominations and names in which it wishes to have the certificates issued within 5 business days after sale of the bonds, the bonds will be delivered in the form of a single certificate for each maturity registered in the name of the purchaser. 10. CUSIP NUMBERS : CUSIP numbers will be printed on the bonds at the City's expense, but neither the failure to print such numbers on any bonds nor any error with respect thereto shall constitute cause for refusal by the purchaser to accept delivery of and pay for the bonds . OFFICIAL STATEMENT: The City will provide the winning bidder with 150 Final Official Statements within 7 business days from the date of sale to permit the underwriter to comply with S. E.C. Rule 15c2-12 . Additional copies of the Official Statement will be supplied by the City upon request and agreement to pay the cost of additional copies. Requests for additional copies must be made to the City's Financial Consultants listed below no later than the close of business on the day following the sale date. PURCHASER CERTIFICATION: The successful bidder will be required to furnish, prior to delivery of the bonds, a certificate in a form acceptable to bond counsel as to the issue price of the bonds within the meaning of Section 1273 of the Internal Revenue Code of 1986 , as amended. FURTHER INFORMATION with respect to said bonds may be obtained from: Stauder, Barch & Associates, 3989 Research Park Drive, Ann Arbor, Michigan 48104 . ims Telephone: (313) 668-6688 . THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. 27420 ENVELOPES containing the bids should be plainly marked "Proposal for General Obligation Bonds . " Joan McCotter City Clerk City of Livonia, Michigan 7. The City hereby convenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exemption of the interest on the bonds from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as amended (the "Code"), including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of bond proceeds and moneys deemed to be bond proceeds. In addition, the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions. 8. The City hereby finds that the useful life of the projects to be financed with the proceeds of the bonds is not less than twenty (20) years 9. 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: Kavanagh, Ochala, Feenstra, and Taylor. • NAYS: None. The President declared the resolution adopted. McGee returned to the podium at 8:52 p m 27421 On a motion by Kavanagh, seconded by McGee, and unanimously lbw adopted, it was: /129-93 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 9, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby, for and on behalf of the City of Livonia, accept cash donations in the amount of $3,480 64 from the parties listed in the aforesaid communication, the same to be credited to and deposited in Account 702-000-285-216 for use in the Senior Citizen Programs On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #30-93 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 15, 1992, the Council does, for and on behalf of the City of Livonia, accept a cash donation of $500.00 from the Livonia Heart Fund, to be deposited in and credited to Account 457 000 690 010 for the purchase of medical defibrillator supplies for the Fire Division's Emergency Medical units No one wished to speak during the audience communication portion Lat the end of the meeting. On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, this 1,240th Regular Meeting of the Council of the City of Livonia was adjourned at 8 55 p m , January 13, 1993. 11.- /lb : i li— J•=n McCotter, City Clerk