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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-06-03 26482 L MINUTES OF THE ONE THOUSAND, TWO HUNDRED AND SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 3, 1991 , 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 8:01 P.M. Councilwoman Toy delivered the invocation. Roll was called with the following result Present: Laura Toy, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P. Feenstra and Joan McCotter, Absent: Robert R. Bishop. Elected and appointed officials present: Patricia Miencier, Deputy City Clerk; Harry Tatigian, City Attorney; Robert D Bennett, Mayor; John Nagy, Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs; James Andres, Chief Accountant; John Fegan, Director of Building Inspection ; Robert Beckley, Director of Public Works; Joseph Mysliwiec, Court Administrator and Jack Engebretson, William La Pine and Ray Tent of the Planning Commission. On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #431-91 RESOLVED, that the minutes of the 1 ,201st Regular Meeting of the Council of the City of Livonia, held May 15, 1991 are hereby approved. A communication from the Department of Law, dated May 20, 1991 re Pentagon Properties Ltd Partnership v City of Livonia Zoning Board of Appeals, Wayne County Circuit Court Case No. 91-102324 AA was received and placed on file for the information of the Council . LA communication from the Director of Finance, dated May 20, 1991 forwarding various financial statements of the City of Livonia for the month ending April 30, 1991 was received and placed on file for the information of the Council . 26483 1.• On a motion by Councilman Ochala, seconded by Councilman Feenstra, it was #432-91 RESOLVED, that having considered an application from Karen Marchelletta, 30561 Jeanine, Livonia, Michigan requesting permission to close Jeanine between Sunset and Rexwood on Saturday, June 8, 1991 , from 2:00 p.m. to 12:00 midnight for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #433-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated May 2, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Gregware Equipment Company, P.O. Box L, Grand Rapids , MI 49501 , for supplying the Public Service Division (Equipment Maintenance Section) with a Trencher (18 HP) and Transport Trailer for a net price of $13,125.00, based on a total price of $13,250.00 less trade-in of $125 00, the same having been in fact the lowest bid received and meets all specifications. IL. #434-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated May 10, 1991 , approved by the Director of Finance and approved for submission by the Mayor and which submits a recommendation with regard to bids received for seventeen (17) Civic Center signs, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation. #435-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated May 10, 1991 , approved by the Director of Finance and approved for submission by the Mayor and which submits a recommendation with regard to bids received for seventeen (17) Civic Center signs, the Council does hereby request that the City Clerk submit a report and recommendation with regard to the sealed bid procedures conducted with respect to this matter #436-91 RESOLVED, that having considered the report and recommendation of the Court Administrator of the 16th District Court and the Director of Public Service and the two District Court Judges, dated May 14, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, to which is attached a report and recommendation dated May 8, 1991 from Camborne Construction Engineering, Inc. , the Construction Manager for the proposed District Court building expansion, which submits the preliminary budget construction cost estimates and HVAC feasibility study, the Council does 26484 hereby authorize the preparation of specifications and thereafter the taking of competitive bids for this project in accordance with applicable provisions of law and City ordinance. #437-91 RESOLVED, that having considered the report and recommendation of the Director of Building Inspection dated April 29, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize Stanson Wrecking Company, 6855 Haggerty Road, Belleville, MI 48111 to demolish and remove the structure at 33428 Richland for the quoted price of $2,937.00, the same to be appropriated and expended from the Civic Improvement - Unsafe Buildings Account (205-525-882-050) with the provision that said account be reimbursed at such time as funds are subsequently recovered from the owners of the above property as provided for in Chapter 15 52.180 of the Livonia Code of Ordinances, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. #438-91 RESOLVED, that having considered the report and recommendation of the City Engineer and the Public Utilities Manager dated May 6, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, Ismthe Council does hereby authorize final payment in the amount of $1 ,813.92 to Sole Construction Co. , 38272 Abruzzi Drive, Westland, MI 48185, which sum includes the full and complete balance due on a contract in the amount of $127,217.00, the actual contract amount completed to date being $129,030.92, in connection with the Newburgh Road Water Main Project, 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 expenditure of the additional sum of $1 ,813.92 from the Water Capital Improvement Account (591-000-158-000) for this purpose #439-91 RESOLVED, that WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1987 the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 1991 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1987 , the City of Livonia must submit a statement of Community Development 26485 Iwo objectives and projected use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate Federal and State laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its final statement of Community Development objectives and projected use of funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities; the range of activities that may be undertaken, and other important Program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed statement of Community Development objectives and projected use of funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 1991 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. #440-91 RESOLVED, that having considered the report and recommendation of the Department of Law dated May 10, 1991 , lim approved for submission by the Mayor and submitted pursuant to Council Resolution 112-91 in connection with a letter from Nancy J Roualet of the law firm Zartarian & Bator, dated January 29, 1991 , submitted in behalf of their client, F.O.C. Associates, the owner of certain property located at 27560 Joy Road, Livonia, Michigan (144-99-0161-000) , which property apparently was conveyed to the City of Livonia for non-payment of certain real estate taxes, the Council does hereby determine to take no further action #441-91 RESOLVED, that having considered a communication from the Department of Law, dated May 8, 1991 , submitted pursuant to Council Resolution 326-91 , transmitting for Council acceptance a grant of easement dated May 7 , 1991 , executed by Ronald M. England and Margaret D. England, his wife, to the City for: The South 20 feet of the following described parcel Part of the Southwest 1/4 of Section 9, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, beginning East 187. 50 feet from the Southwest corner of Section 9, thence East 180 feet, thence North 474 feet; thence West 180 feet, thence South 474 feet to the point of beginning, except the South 60 feet thereof (Tax Parcel 035-99-0002-001 ) L the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid grant of easement and the City Clerk is hereby requested to have the same recorded 26486 with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. #442-91 RESOLVED, that having considered a communication from the City Treasurer dated May 10, 1991 with regard to Treasury Strip Purchases, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. #443-91 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, July 22, 1991 at 7:30 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan with respect to the following item: (1 ) Petition 91-2-1-4, submitted by the City Planning Commission, for a change of zoning on property located on the south side of Five Mile Road between Hubbard Road and Fairfield Avenue in the Northwest 1/4 of Section 22, from C-2 to OS, the City Planning Commission in its resolution 4-82-91 having recommended to the City Council that Petition 91-2-1-4 be approved, (2) Petition 91-3-1-7, submitted by the City Planning Commission pursuant to Council Resolution 46-91 for a change of zoning on property located on the northeast corner of Bretton Avenue and Middlebelt Road in the Southwest 1/4 of Section 1 , from OS to RUF, the City Planning Commission in its resolution 4-71-91 having recommended to the City Council that Petition 91-3-1-7 be denied; (3) Petition 91-4-1-9, submitted by B & K Development, Inc. for a change of zoning on property located on the north side of Plymouth Road west of Newburgh Road in the Southeast 1/4 of Section 30, from RUF to R-1 , the City Planning Commission in its resolution 4-73-91 having recommended to the City Council that Petition 91-4-1-9 be approved ; and (4) Petition 91-4-1-12, submitted by the City Planning Commission for a change of zoning on property located on the northeast corner of Clarita and Melvin Avenues in the Northeast 1/4 of Section 11 , from R-7 to R-2, the City Planning Commission in its resolution 5-88-91 having recommended to the City Council that Petition 91-4-1-12 be approved; and 26487 lisFURTHER, 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 amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered 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 1444-91 WHEREAS, the Council in conformity with Act 338 of the Public Acts of Michigan, 1974, as amended ( "Act 338") , and the Internal Revenue Code of 1954, as amended, on June 20, 1984 approved a project plan (the "Project Plan") providing all information and requirements necessary for a project undertaken for the benefit of Action Distributing Company, Inc. (the "Project") which included the issuance of a bond by The Economic Development Corporation of the City of Livonia (the "Corporation") entitled $3,500,000 The Economic Development Corporation of the City of Livonia, Michigan Limited Obligation Revenue Bond (Action Distributing Company, Inc. Project) Series A, dated as of July 1 , 1984 (the "Bond") , and WHEREAS, Manufacturers National Bank of Detroit as sole bondholder and Action Distributing Company, Inc. as obligor (the "Obligor") have agreed to decrease the interest rate of the Bond as shown in the Project Plan, and WHEREAS, it is necessary to amend the Project Plan to reflect the interest rate , and WHEREAS, pursuant to Act 338 it is necessary to hold a public hearing concerning the Amendment to Project Plan proposed herein prior to taking legislative action relating to it, NOW, THEREFORE, BE IT RESOLVED THAT 1 . Pursuant to the aforesaid Act 338 the Council shall meet on Monday, July 22, 1991 at 7.30 o' clock p.m. , at which time it shall conduct a public hearing on the Corporation's submission of the Amendment to Project Plan and the adjustment of the interest rate on the Bond. 2. The Clerk be and is hereby directed to give notice of such public hearing by (1 ) publishing a notice thereof in 26488 The Observer, a newspaper of general circulation in the City of Livonia (the "City") ; (2) posting in at least ten (10) conspicuous and public places in the project district area as defined in the Project Plan, and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least fourteen (14) full days prior to the date set for said hearing. 3. Said notice shall be in substantially the following form• OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF AMENDMENT TO A PREVIOUSLY APPROVED PROJECT PLAN AND ADJUSTMENT OF INTEREST RATE ON BOND AS PROPOSED THEREIN AS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF LIVONIA BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR ACTION DISTRIBUTING COMPANY, INC. PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia has submitted an amendment to project plan to the Council for its approval. The original project plan concerned the construction and equipping of a 116, 500 square foot warehouse facility owned and used by Action Distributing Company, Inc. Said amendment to project plan deals with the adjustment of the interest rate on a bond previously issued by The Economic Development Corporation of the City of Livonia, entitled $3 ,500, 000 The Economic Development Corporation of the City of Livonia, Michigan Limited Obligation Revenue Bond (Action Distributing Company, Inc. Project) Series A, and dated as of July 1, 1984 (the "Bond") . The legal description of the Project Area, being the real property on which the Action Distributing Company, Inc. Project is located is: A parcel of land in the N. E. 1/4 of Section 29 , T. 1S. , R.9E. , City of Livonia, Wayne Co. , Michigan, described as all of Lots 9 and 10 except the west 13 feet of Lot 10 of Veronica Industrial Park Sub. as recorded in Liber 100, Pages 1, 2 and 3 , Wayne County Records, and containing im 205, 279 Sq. Ft. or 4 .71 acres, together with: A parcel of land in the N.E. 1/4 of Section 29 , T. 1S. , R.9E. , City of Livonia, Wayne County, Michigan described as follows : Beginning at a point distant S 02 ° 00 ' 16" E 1380 feet and S 88° 08 ' 30" W 315 feet and S 02° 00 ' 26489 im16" E 696 . 03 feet from the N.E. corner of said Section 29; thence from said point of beginning S 02° 00 ' 16" E 517 . 61 feet to a point on the North right-of-way line of Chesapeake & Ohio Railroad; thence S 88° 14 ' 01" W 264 . 00 feet along said railroad right-of-way; thence N 02 ° 00 ' 16" W 517 .7 feet along the East line of Vernonica Industrial Park, as recorded in Liber 100, Pages 1, 2 , 3 , Wayne County Records; thence N 88° 08 ' 30" E 264 . 00 feet along the South right-of-way line of Veronica Road to the point of beginning, containing 3 . 136 acres, more or less. The street address of Action Distributing Company, Inc. is 35601 Veronica; Livonia, Michigan 48150. The Council will meet at 7:30 o 'clock p.m. , Monday the 22nd day of July , 1991, at the City offices located at 33001 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing. The public hearing shall consider the advisability of the Council approving, modifying or rejecting by resolution said amendment to project plan and the adjustment of the interest rate im on the Bond as proposed therein. THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338 , Public Acts of Michigan, 1974 , as amended. The original plan, amendment to project plan and relevant maps or plats are available for inspection at the City Clerk's office. All interested citizens are encouraged and will be offered an opportunity at said hearing to address the Council concerning said amendment to project plan. Written comments may also be submitted to the City Clerk prior to said hearing. City Clerk 4. The Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the Council to hold a public hearing and the purpose of the public hearing. 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 resolutions with the following result: 26490 AYES. Toy, Taylor, Jurcisin, Ochala , Feenstra and McCotter. NAYS. None. Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 10.02 AND 10.03 OF ARTICLE X AND SECTIONS 11 .02 AND 11 .03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE. " (Petition 90-6-6-4) 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. On a motion by Councilman Taylor, seconded by Councilwoman Toy, Lit was #445-91 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1991 , the Council does hereby approve of and concur in the reappointment of Jack Engebretson, 18871 Comstock, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire June 9, 1994, provided that Mr. Engebretson takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk A roll call vote was taken on the foregoing resolution with the following result AYES: Toy, Bishop, Taylor and McCotter NAYS Ochala and Feenstra. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was #446-91 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1991 , the Council does hereby approve of and concur in the reappointment of Brenda Fandrei , 19578 26491 Lis Fitzgerald, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire June 9, 1994, provided that Ms. Fandrei takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Bishop, Taylor and McCotter. NAYS Ochala and Feenstra. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #447-91 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1991 , the Council does hereby approve of and concur in the reappointment of Raymond W. Tent, 18051 Deering, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire June 9, 1994, provided that Mr. Tent takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #448-91 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1991 , wherein it is indicated that Mr Kenneth Hale, 31950 Cambridge, Livonia, Michigan 48154 has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six year term expiring June 7, 1997, the Council does hereby approve of and concur in the aforesaid action, provided that Mr. Hale takes the oath of office as required in Chapter X, Section 2 of the City Charter to be administered by the Office of the City Clerk On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #449-91 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1991 , wherein it is indicated that Mr. Richard Hayward, 17159 Loveland, Livonia, Michigan 48152 26492 lim has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six year term expiring June 7, 1997, the Council does hereby approve of and concur in the aforesaid action, provided that Mr. Hayward takes the oath of office as required in Chapter X, Section 2 of the City Charter to be administered by the Office of the City Clerk. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #450-91 RESOLVED, that having considered a communication from the Mayor, dated May 13, 1991 , wherein it is indicated that Mr. Alan C. Helmkamp, 36420 Sherwood, Livonia, Michigan 48154 has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six year term expiring June 7, 1997, the Council does hereby approve of and concur in the aforesaid action, provided that Mr. Helmkamp takes the oath of office as required in Chapter X, Section 2 of the City Charter to be administered by the Office of the City Clerk. 1110 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #451-91 RESOLVED, that having considered a communication from the City Assessor, dated April 26, 1991 , approved for submission by the Mayor, with regard to a request from James Yuzwalk and Kallie Roesner, 34805 Norfolk, 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 and combination of Tax Item Nos. 46 014 02 0025 001 and 46 014 02 0026 001 into four parcels, the legal descriptions of which shall read as follows• Parcel "A" West 97.0 ft. of Lot 25, except the South 255.70 ft. thereof, FAIRWAY SUB. No. 2, City of Livonia, Wayne County, Michigan Plat rec'd in Liber 71 , Pg 64 WCR. Parcel "B" East 123 0 ft. of Lot 25 and West 8 0 ft. of Lot 26, Except the South 255.7 ft thereof, FAIRWAY SUB No 2, City of Livonia, Wayne County, Michigan. Plat rec'd Liber 71 , Pg 64 WCR. Parcel "C" East 120.0 ft. of West 128 0 ft of Lot 26, Except the South 255.70 ft. thereof, FAIRWAY Sub No 2, City of Livonia, Wayne County, Michigan Plat rec'd in Liber 71 , Pg 64 WCR. 26493 low Parcel "D" East 97.0 ft. of Lot 26, Except the South 255 70 ft. thereof, FAIRWAY SUB No. 2, City of Livonia, Wayne County, Michigan. Plat rec'd in Liber 71 , Pg. 64, WCR. 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. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #452-91 RESOLVED, that having considered a communication from the Director of Public Works dated May 15, 1991 , approved by the Director of Finance and approved for submission by the Mayor, and to which is attached a letter from the Livonia Anniversary Committee, Inc (Spree) wherein a cash donation in the amount of $500 00 is being submitted for the purpose of installing ihm pole clamps on utility poles to accommodate the placement of 2' x 5' banners throughout the Civic Center area, the Council does hereby for and on behalf of the City of Livonia accept the said cash donation for this purpose. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #453-91 RESOLVED, that having considered a communication from the Director of Public Works dated May 15, 1991 , approved by the Director of Finance and approved for submission by the Mayor, and to which is attached a letter from the Livonia Anniversary Committee, Inc. (Spree) wherein a cash donation in the amount of $500 00 is being submitted for the purpose of installing pole clamps on utility poles to accommodate the placement of 2' x 5' banners throughout the Civic Center area, the Council does hereby refer this to the Committee of the Whole for its report and recommendation. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #454-91 WHEREAS, at an Election held in the City of Livonia (the "City") on November 7, 1989, the qualified electors of the City voted in favor of the following bonding proposition• 26494 111 State and Highway Bonding Proposition Shall the City of Livonia, County of Wayne, Michigan borrow the principal sum of not to exceed Twelve Million Dollars ($12,000,000) and issue its general obligation unlimited tax bonds therefor, for the purpose of defraying the City's share of the cost of paving, repaving, repairing, widening and improving streets and highways within the City, including necessary rights of way, railroad grade separations, sidewalks, traffic signalization, curbs and gutters and proper drainage facilities therefor. AND WHEREAS, the City has previously issued its $1 ,500,000 1990 General Obligation Unlimited Tax Bonds as a first series of such authorization; AND WHEREAS, it has been determined by the City Council , that at this time bonds in the principal amount of Four Million Dollars ($4,000,000) should be issued, being the second series of the total amount authorized by the electors. NOW, THEREFORE, BE IT RESOLVED THAT 1 . Bonds of the City, designated 1991 GENERAL OBLIGATION UNLIMITED TAX BONDS, be issued in the aggregate principal amount of Four Million Dollars ($4,000,000) , for the purpose of paying the cost of certain of the improvements described in the preamble hereto, 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 June 1 , 1991 , 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 1992 $275,000 2000 150,000 1993 300,000 2001 175,000 1994 325,000 2002 200,000 1995 350,000 2003 225,000 1996 375,000 2004 200,000 1997 400,000 2005 225,000 1998 475,000 2006 250,000 1999 Said bonds shall bear interest at a rate or rates to be determined on public sale thereof, but in any event not exceeding 9% per annum, payable on March 1 , 1992, and semiannually thereafter on September 1st and March 1st of each year, by check drawn on the Transfer Agent (hereinafter defined) , mailed to the 26495 lowregistered 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 the fifteenth day of the month prior to the payment date for each interest payment The date of determination of registered owner for purposes of 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 payable at NBD Bank, N.A. , Detroit, Michigan, 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 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 depository account to be designated 1991 GENERAL OBLIGATION 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 26496 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. 3. There shall be deposited in a special depository account to be established by the Treasurer designated the 1991 GENERAL OBLIGATION 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 , 1991 , 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 1991 GENERAL OBLIGATION UNLIMITED TAX BOND 26497 ir Interest Rate Maturity Date Date of Original Issue CUSIP March 1, June 1, 1991 Registered Owner: Principal Amount: Dollars THE CITY OF LIVONIA, Wayne County, State of Michigan (the "City") , 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, until paid, at the Interest Rate per annum specified above, first payable on March 1, 1992 and semiannually thereafter. Principal of this bond is payable upon presentation and surrender of this bond at the principal corporate trust office of NBD Bank, N.A. , Detroit, Michigan, or such other transfer agent as the City may hereafter designate 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 $4 , 000 , 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 second series of such voter authorization. The series of bonds of which this is one is issued for the purpose of paying the cost of acquiring and constructing improvements to the City' s street and highway system. The full faith, credit and resourcns 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. Bonds maturing in the years 1992 to 2000, inclusive, shall not be subject to redemption prior to maturity. im 26498 Bonds or $5, 000 portions thereof maturing in the years 2001 to 2006, 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, 2000 at par and accrued interest to the date fixed for redemption plus a premium (expressed as a percentage of principal amount) as follows: 1-1/2% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2000, but prior to March 1, 2001; 1% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2001, but prior to March 1, 2002 ; 1/2% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2002 , but prior to March 1, 2003 ; No premium shall be paid on bonds or portions of bonds redeemed on or after March 1, 2003 . 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 registered 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 26499 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. 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 signature of its Mayor and to be countersigned by the facsimile signatures of its City Clerk and City Treasurer, all as of the Date of Original Issue. CITY OF LIVONIA COUNTY OF WAYNE STATE OF MICHIGAN By (Facsimile] Mayor Countersigned: (Facsimile] im City Clerk (Facsimile] City Treasurer 26500 [FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION] Certificate of Authentication This bond is one of the bonds described above. NBD BANK, N.A. , Transfer Agent By Authorized Signature Date of Authentication ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto im 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: im 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. 26501 166 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: OFFICIAL NOTICE OF SALE $4 , 000, 000 CITY OF LIVONIA COUNTY OF WAYNE STATE OF MICHIGAN 1991 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 L33000 Civic Center Drive, Livonia, Michigan 48154 , on Monday, the 3rd day of June, 1991, until o ' clock .m. , Eastern Daylight 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, at 8 : 00 o ' clock p.m. , Eastern Daylight Time, 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 June 1, 1991, and will bear interest from their date, payable on March 1, 1992 , 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 1992 ; $275 , 000 2000; 150, 000 1993 ; 300, 000 2001; 175, 000 1994 ; 325, 000 2002 ; 200, 000 1995; 350, 000 2003 ; im 225, 000 1996 ; 375, 000 2004 ; 200, 000 225, 000 1997 ; 1998 ; 400 , 000 2005; 475, 000 2006. 250, 000 1999 ; PRIOR REDEMPTION: Bonds maturing in the years 1992 to 2000, inclusive, shall not be subject to redemption prior to maturity. 26502 LBonds or $5 , 000 portions thereof maturing in the years 2001 to 2006 , 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, 2000, at par and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of par value) as follows: 1-1/2% of the principal amount of each bond or portion thereof redeemed, on or after March 1, 2000 , but prior to March 1, 2001; 1% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2001, but prior to March 1, 2002 ; 1/2% of the principal amount of each bond or portion thereof redeemed on or after March 1, 2002 , but prior to March 1, 2003 . No premium shall be paid on bonds or portions of bonds called for redemption on or after March 1, 2003 . In case less than the full amount of an outstanding bond is Lcalled 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 (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. 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. INTEREST RATE AND BIDDING DETAILS : The bonds shall bear interest at a rate or rates not exceeding 9% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or both. 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. im TRANSFER AGENT AND REGISTRATION: Principal and interest shall be payable at the principal corporate trust office of NBD Bank, N.A. , Detroit, 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. 26503 im 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. PURPOSE AND SECURITY: The bonds were authorized at an election held November 7 , 1989 , for street and highway system improvements and are the second issue of a total 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. ir 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 $80, 000 drawn upon an incorporated bank or trust company and 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 unsuccess- ful 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 August 1, 1991, 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 26504 has not been requested to examine 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 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 BONDS ARE EXPECTED TO BE DELIVERED ON JUNE 25, 1991, AND EACH BIDDER, BY SUBMISSION OF A BID FOR THE BONDS, AGREES TO TARE UP AND PAY FOR THE BONDS ON JUNE 25, 1991. 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 Daylight 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 proposal 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 im 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 10 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. 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 250 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 should be made to the City' s Financial Consultants listed below within 24 hours of the date of sale. 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. 26505 FURTHER INFORMATION with respect to said bonds may be obtained from: Stauder, Barch & Associates, Inc. , 3989 Research Park Drive, Ann Arbor, Michigan 48108 . Telephone: (313) 668-6688 . ' THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS . ENVELOPES containing the bids should be plainly marked "Proposal for General Obligation Bonds. " Robert F. Nash City Clerk City of Livonia, Michigan 7. The City hereby covenants 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. 8. The City reasonably anticipates not to issue more than $10,000,000 in tax-exempt obligations during the 1991 calendar year. The City hereby designates the bonds of this issue as "qualified tax-exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Code. 9. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. IL. On a motion by Councilwoman Toy, seconded by Councilman Feenstra, and unanimously adopted, it was 26506 1455-91 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 1991 , which transmits its resolution 4-80-91 , adopted on April 30, 1991 , with regard to the proposed preliminary plat of Cane Woods Subdivision to be located on the north side of Seven Mile Road between Gill Road and Gary Lane in the Southwest 1/4 of Section 4, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on April 30, 1991 , and having also considered a copy of a letter addressed to the Mayor dated May 15, 1991 from Soave Developments, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 1456-91 RESOLVED, that having considered a communication from the City Planning Commission, dated May 10, 1991 , which transmits its resolution 4-79-91 , adopted on April 30, 1991 , with regard to the proposed preliminary plat of Camborne Pines Subdivision to be located south of Six Mile Road between Harrison and Savoie Roads in the Northwest 1/4 of Section 13, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on April 30, 1991 , 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. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #457-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Parks and Recreation dated May 17, 1991 , approved by the Director of Finance and approved for submission by the Mayor, wherein certain amendments to the Sublease Agreement for the Fox Creek Clubhouse Restaurant have been recommended in connection with completion of the restaurant improvements, the Council does hereby authorize the Mayor and City Clerk to execute an amendment to the sublease agreement in a form to be prepared and approved by the Department of Law as follows. IL. 26507 1 . To revise Section 3.16 Future improvements of the sublease agreement to acknowledge the City, as landlord, will bear the additional amount of $27,900.00 for the items described herein, and 2. To increase the rent payments in the amount of $655.67 per month over-a five year period to reimburse the City for financing the tenant' s costs in the amount of $33,510.00; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sums of $27,900.00 and $33,510.00 from the proceeds of the short-term borrowing note authorized by the City Council in December, 1990 for this purpose. On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted it was 1458-91 WHEREAS, June 3, 1991 , at 2:00 o'clock p.m. , Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of the issuer' s $4,000,000 1991 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 1 . Kemper Securities 1992-99 8% 6.336% $2,351 ,850 Group 2000 6 10 2001 6 20 2002 6.25 2003 6.35 2004 6.45 2005 6.00 2006 5 00 2. NBD Bank, N.A. 1992-2000 8.50% 6.461% $2,398,416.67 2001 8 00 2002-06 5. 50 3. Merrill-Lynch 1992-97 9 00% 6.486% $2,407,416.67 1998 6.75 1999 2000 6.10 2001 6.00 6.20 26508 2002 6.30 2003 6.40 2004 6.50 2005-06 6.00 4. Griffin, Kubik, 1992 6.375% 6.493% $2,410,104.17 Clayton, Brown 1993-2000 8.00 2001 7.50 2002 6.50 2003 6.60 2004 6.70 2005-06 5.00 5. Dean Witter 1992-96 8.50% $795.75 6.5411% $2,427,870.92 Reynolds 1997 7.00 1998 6.00 1999 6.10 2000 6 20 2001 6.25 2002 6 30 2003 6.40 2004 6. 50 2005-06 6 50 1110 AND WHEREAS, the bid of Kemper Securities Group has been determined to produce the lowest interest cost to the issuer. NOW, THEREFORE, BE IT RESOLVED THAT 1 . The bid of Kemper Securities Group, 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 covenants 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 designates the Bonds of this issue as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Code. 1160 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded 26509 On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #459-91 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 358 for a proposed street improvement consisting of a 28 foot wide asphalt pavement with mountable asphalt curbs (Alternate III) on Sunset (Seven Mile to Clarita) and Clarita (Bainbridge to Sunset) located in the Northwest 1/4 of Section 11 , in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, May 22, 1991 , 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 levied in the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 358; and WHEREAS, the City Council has heard and carefully considered ifts 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 March 25, 1991 , in the amount of $84,457.00, 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. 358 is hereby approved and confirmed in all respects, effective June 3, 1991 ; (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from December 1 , 1991 . 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 Ibm 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 26510 possible. The first installment shall be due and payable December 1 , 1992 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 , 1991 , (5) The first installment shall be spread upon the 1992 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 , 1991 , and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) years 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 15% of the paving costs ($14,904.00) ,100% of drainage costs ($32,200.00) for a total amount of ($47,104 00. ) A roll call vote was taken on the foregoing resolution with the following result. AYES. Taylor, Jurcisin, Ochala, Feenstra and McCotter. NAYS. Toy. The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #460-91 RESOLVED, that having considered a communication from the City Planning Commission, dated April 1 , 1991 , which sets forth its resolution 3-46-90 adopted on March 19, 1991 with regard to Petition 91-2-1-6, submitted by Rotondo Brothers for Vera Carroll for a change of zoning on property located on the southwest corner of Seven Mile and Wayne Roads in the Northeast 1/4 of Section 8, from R-4B to R-3, and the Council having conducted a public hearing with regard to this matter on 26511 Wednesday, May 22, 1991 , pursuant to Council Resolution 328-91 , the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 91-2-1-6 is hereby approved and granted with the addition of Suffix B to the proposed R-3 Zoning District; 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 Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #461-91 RESOLVED, that pursuant to Section 21 .02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921 , as amended, David P. Parr, 14388 Gary Lane, Livonia, Michigan 48154, is hereby reappointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1991 , which will expire on July 12, 1994, provided that Mr. Parr takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #462-91 RESOLVED, that having considered a communication dated May 16, 1991 , from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as: Quit Claim Deed dated May 8, 1991 , executed by Joseph R. Thomas, Director, and Michael J. Sise, Assistant Secretary, of McDonald' s Corporation, dba Delaware McDonald' s Corporation, a Delaware corporation for The west 60 feet of the following parcel of land: In the City of Livonia, Wayne County, Michigan; commencing at a 3/4" iron pipe in monument box at the Southwest corner of Section 25, Township 1 South, Range 9 East, thence along the West line of said section North 00°33' 50" East 809 98 feet (previously described as 810.00 feet) , being fra. the point of beginning of this description; thence continuing along the West line of said section North 00°33' 50" East 249.69 feet, thence South 89°54' 10" East 26512 L 60.00 feet to a T-iron stake, thence continuing South 89°5410" East 250.01 feet to a T-iron stake; thence parallel with the West line of said section South 00°33' 50" West 251 .00 feet to a 1-iron stake; thence North 89°39' 37" West (previously described as North 89°39'39" West) 250.00 feet to a T-iron stake; thence continuing North 89°39' 37" West (previously described as North 89°39'39" West) 60.00 feet to the Point of Beginning; being a part of the Southwest quarter of the Southwest quarter of Section 25, Township 1 South Range 9 East. (Middlebelt Road right-of-way Parcel 099-99-0007-005) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed, and the City Clerk is hereby requested to have the 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; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a proper deed of conveyance of the above described Middlebelt Road right-of-way to the County of Wayne. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, Land unanimously adopted, it was #463-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated May 15, 1991 , approved as to form by the City Attorney and approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a "Newburgh Village Underground Distribution Easement (Right of Way) No. W-8821 " from the Detroit Edison Company for the purpose of establishing a six (6) foot wide easement for Detroit Edison underground facilities and accessories across the City-owned Newburgh Village site in the S.E. 1/4 of Section 30; AND FURTHER that the City Clerk be authorized to record the aforesaid easement with the Wayne County Register of Deeds. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 1464-91 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. I. 26513 linOn a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was 1465-91 RESOLVED, that having considered a letter from George Marvaso, 1618 Westchester Drive, Westland, Michigan 48185, dated May 22, 1991 , wherein he is withdrawing his appeal of the decision made by the Planning Commission on April 30, 1991 , which denied Petition 91-3-2-9 to utilize a Class C Liquor License, the Council does hereby rescind and repeal Council Resolution 399-91 adopted on May 15, 1991 . On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 1466-91 RESOLVED, that in view of the possible influx of the gypsy moth and the possible damage it may do to trees and other shrubs in the community, and also having considered the damage which has resulted by reason of the birch borer, the Council does hereby request that the Director of Public Works submit a report and recommendation with regard to the funding, not only in the current budget but also in next year's budget, in order to combat these problems On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, this 1 ,202nd Regular Meeting of the Council of the City of Livonia was adjourned at 8:25 P.M. , June 3, 1991 . RLIert F. Nash, City Clerk