HomeMy WebLinkAboutCOUNCIL MINUTES 1988-04-20 24079
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND TWENTY-SEVENTH
ir REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 20 , 1988 , the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order
by the President of the Council at 8 : 00 P.M. Councilwoman McCotter
delivered the invocation. Roll was called with the following
result: Present: Fernon P. Feenstra, Laura Toy, Robert R. Bishop,
Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin. Absent:
None.
Elected and appointed officials present: Robert D. Bennett,
Mayor; Robert F. Nash, City Clerk; George Weible, Assistant City
irAttorney; John Nagy, Planning Director; Gary Clark, Assistant City
Engineer; David Preston, Finance Director; Ron Reinke, Superin-
tendent of Parks and Recreation; Michael Reiser, Facility
Maintenance Supervisor; Karen Szymula, Director of Legislative
Affairs; William Crayk, Chief of Police; Bill LaPine, Planning
Commission; Patricia Smith, Traffic Commission and Jeanne Treff,
Director of Cable TV.
On a motion by Councilman Taylor, seconded by Councilwoman
McCotter, and unanimously adopted, it was
#333-88 RESOLVED, that the minutes of the 1, 126th Regular
Meeting of the Council of the City of Livonia, held April 6,
1988 , are hereby approved.
On a motion by Councilwoman McCotter, seconded by Councilman
Taylor, it was
L #334-88 RESOLVED, that having considered a letter from Hart &
Leidal Investment Company, dated March 11, 1988 , to which is
attached a letter from Michigan National Corporation, dated
March 14, 1988 , wherein a request is made for the vacating of
Westmore from the north boundary line of Lots 12 and 29 to the
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south bondary of Lots 11 and 30 of the Brightmoor Home Acres
tirr Subdivision, the Council does hereby refer this item to the
City Planning Commission for action and recommendation in
accordance with provisions of law and City Ordinance.
#335-88 RESOLVED, that having considered a letter from Walter
Stark, 27424 Oakley, Livonia, Michigan 48154 , dated January 9 ,
1988 , wherein a reduction is requested from a street paving
special assessment, and to which is attached a copy of a letter
from the City Engineer, dated December 30 , 1987, in connection
therewith, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation.
#336-88 RESOLVED, that having considered a letter from the
Branch Operations Manager of Caremark Homecare, 12665 Richfield
Court, Livonia, Michigan 48150 , dated March 24 , 1988 , wherein
it is indicated that Caremark Homecare intends to transfer its
two existing facilities from Livonia to a single site in
Plymouth Township, and it further indicates that Caremark Home-
care desires to obtain a 1974 P.A. 198 exemption for the
Plymouth Township facility, the Council does hereby consent to
the transfer of Caremark Homecare as herein requested; and the
City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution.
thy #337-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Public Works, dated March 28,
1988 , approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the bid
of Wm. F. Sell & Son, Inc. , 16555 S. Telegraph Road, Taylor,
Michigan 48180, for supplying the Public Service Division (Park
Maintenance Section) with an all purpose tractor for a net
price of $14,486.98, based on a total price of $15 ,771. 98 less
trade-in of $1, 285. 00 , the same having been the lowest bid
received and meets all specifications.
#338-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Public Works, dated April 4 , 1988,
approved by the Director of Finance and approved for submission
by the Mayor, the Council does hereby accept the bid of Wilkie
Turf Equipment Division, Inc. , 1050 Opdyke Road, Pontiac,
Michigan 48056, for supplying the Public Service Division (Golf
Course Section) with a sand trap rake for a total price of
$5,800 .00 , the same having been in fact the lowest bid re-
ceived which meets specifications; and the bid of W. F. Miller
Company is hereby rejected for the reasons indicated in the
attachment.
#339-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Public Works, dated April 4 , 1988 ,
approved by the Director of Finance and approved for submission
by the Mayor, the Council does hereby accept the bid of Knight
Fabrications, Inc. , 301 Hacker, Rochester, Michigan 48063 ,
for supplying the Public Service Division (Golf Course Section)
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with a turf dump trailer for a total price of $4 ,000 . 00 , the
Lsame having been in fact the lowest bid received and meets all
specifications.
#340-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Public Works, dated April 5 , 1988 ,
approved by the Director of Finance and approved for submission
by the Mayor, the Council does hereby accept the bid of Wilkie
Turf Equipment Division, Inc. , 1050 Opdyke Road, Pontiac,
Michigan 48056 , for supplying the Public Service Division (Golf
Course Section) with three ( 3 ) 84" 3-reel riding turf mowers
for a total price of $40 ,500. 00 , the same having been in fact
the lowest bid received which meets specifications ; and the bid
of Ideal Mower Sales, Inc. , the bid of W. F. Miller Company and
the alternate bid of Ideal Mower Sales, Inc. are hereby re-
jected for the reasons indicated in the attachment.
#341-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Public Works, dated March 29,
1988, approved by the Director of Finance and approved for sub-
mission by the Mayor, the Council does hereby accept the bid of
Midwest Turf & Supply Corp. , 41787 Grand River, Novi, Michigan
48050 , for supplying the Public Service Division (Golf Course
Section) with four ( 4 ) 52" walk-behind rotary mowers for a
total price of $8 , 590 . 00 , the same having been in fact the
lowest bid received which meets specifications; and the bid
of W. F. Miller Company, the bid of Foote Gravely Tractor, Inc.
and the alternate bid of W. F. Miller Company are hereby re-
jected for the reasons indicated in the attachment.
#342-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Public Works, dated April 6 , 1988 ,
approved by the Director of Finance and approved for submission
by the Mayor, the Council does hereby accept the bid of Wm. F.
Sell & Son, Inc. , 16555 S. Telegraph Road, Taylor, Michigan
48180 , for supplying the Public Service Division (Park Mainten-
ance Section) with a lawn and garden tractor with attachments
for a net price of $5, 925 . 52 , based on a total price of
$6,911. 52 less trade-in of $986 . 00 , the same having been the
lowest bid received and meets all specifications.
#343-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Public Works, dated April 6 , 1988 ,
approved by the Director of Finance and approved for submission
by the Mayor, the Council does hereby accept the bid of W. F.
Miller Company, 25125 Trans-X, Novi, Michigan 48050 , for sup-
plying the Public Service Division (Golf Course Section) with
two ( 2 ) riding triplex greensmowers for a total price of
$17 , 144 . 00 , the same having been in fact the second lowest bid
received for this item; and the bid of Wilkie Turf Equipment
Division, Inc. , is hereby rejected for the reasons indicated
in the aforesaid communication.
#344-88 RESOLVED, that having considered the report and recom-
mendation of the City Engineer, dated March 22, 1988 , approved
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for submission by the Mayor, the Council does hereby amend
Item No. 7 of Council Resolution 681-86 , adopted on July 9,
1986 and subsequently amended by Council Resolution 1142-86, so
as to reduce the financial assurances now on deposit with the
City for general improvements to $25 , 000 . 00 , of which $5 , 000. 00
shall be in cash, and to reduce the financial assurances now on
deposit with the City for sidewalk improvements to $21 , 000. 00 ,
of which $3 , 000 . 00 shall be in cash, to cover the cost of re-
maining improvements in the Prides Court Subdivision located
in the Northeast 1/4 of Section 7, and the financial assurances
now on deposit with the City, if any shall be reduced accord-
ingly; further, all other financial assurances now on deposit
with the City shall remain the same and unchanged.
#345-88 RESOLVED, that having considered the report and recom-
mendation of the City Engineer, dated March 16 , 1988 , which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize Don
Makowski & Sons , 10155 Holland, Taylor, Michigan 48180 , to
demolish and remove the structure located at 9318 Newburgh
(American Legion Hall) and 9328 Newburgh ( the existing home)
upon written notification from the City to proceed for a total
sum of $10,755. 00 , which sum is hereby appropriated and author-
ized to be expended from Account No. 205-525-882-050 of the
Refuse Fund; further, the Council does hereby determine to
authorize the said item without competitive bidding for the
Imp reasons indicated in the aforesaid communication, and such
action is taken in accordance with the provisions set forth in
Section 3 . 04. 140D5 of the Livonia Code of Ordinances, as
amended; and the Council does hereby amend and rescind Council
Resolution 1052-87, adopted on October 28 , 1987, to the extent
necessary to be consistent with the action taken herein.
#346-88 RESOLVED, that the Livonia City Council does on this
20th day of April, 1988 , take this means to express its desire
to join with Wayne County in proceeding with a project to re-
surface Wayne Road from Plymouth Road to Joy Road and further-
more does hereby approve and authorize payment of the City' s
share of $105, 000 from Motor Vehicle Highway Fund Receipts
(Major Road Account) in the manner set forth in the Wayne
County Internal Resurfacing Program Guidelines, dated Janu-
ary 30, 1987, to cover the City' s share of the project.
#347-88 RESOLVED, that having considered the report and recom-
mendation of the Chief of Police, dated March 28 , 1988, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the bid
of 3M, 22100 Telegraph Road, Southfield, Michigan 48034, for
supplying the Division of Police with a microfilm printer/
reader for a total price of $7 , 197 . 10 , the same having been in
fact the lowest bid received which meets specifications; and
the bid of Eastman Kodak Company is hereby rejected for the
reasons indicated in the aforesaid communication.
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#348-88 RESOLVED, that having considered the report and recom-
mendation of the Chief of Police, dated March 29 , 1988 , which
bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase of dial number recorder equipment for the South-
east Michigan Major Drug Conspiracy Investigation Unit in the
quantities, items, models and for the prices set forth in the
aforesaid communication and in a total amount of $8, 148. 00 ,
from JSI Telecom, 112-2096 Gaither Road, Rockville, MD 20850,
the same to be appropriated and expended from Account No. 267-
311-987-000 for this purpose; further, the Council does hereby
authorize the said item without competitive bidding in accord-
ance with the provisions set forth in Section 3 . 04 .140D5 of the
Livonia Code of Ordinances, as amended.
#349-88 RESOLVED, that having considered the report and recom-
mendation of the Chief of Police, dated April 4, 1988, which
bears the signature of the Finance Director, is approved as to
form and content by the City Attorney and approved for sub-
mission and recommendation for adoption by the Mayor, and to
which is attached a proposed Mutual Police Assistance Agreement
wherein pursuant to 1967 P.A. 236, as amended, the Livonia
Division of Police would, in conjunction with the indicated
police agencies, enter into the attached Mutual Police Assist-
ance Agreement, the Council does hereby authorize the Mayor
and City Clerk for and on behalf of the City of Livonia to
execute the proposed agreement in the manner and form herein
submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution.
#350-88 RESOLVED, that having considered the report and recom-
mendation of the Chief of Police, dated April 4, 1988 , which
bears the signature of the Finance Director, is approved as to
form and content by the City Attorney and approved for sub-
mission and recommendation for adoption by the Mayor, to which
is attached a proposed Annex H, Law Enforcement, Wayne County
Emergency Operations Plan, the Council does hereby take this
means to approve and authorize the Annex H portion of the
Wayne County Mutual Operations Plan as herein submitted.
#351-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Finance, dated March 31 , 1988 ,
approved for submission by the Mayor, the Council does hereby
accept the following unit price bids which are low bids meeting
specifications:
The printing of the letterhead and quantity of 500/each forms
to Specialty Advertising, Inc. , 10833 Farmington Road, Livonia,
Michigan 48150, the printing of the balance of the various
forms to Advance Reproduction Company, 3000 W. Fort Street,
ir Detroit, Michigan 48216 and the printing of the envelopes to
Service Envelope Mfg. Co. , Inc. , 1301 Harper Avenue, Detroit,
Michigan 48211.
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#352-88 RESOLVED, that having considered a communication from
the Director of Finance, dated April 6 , 1988 , approved for sub-
mission by the Mayor and to which is attached a certified audit
report for the City of Livonia for the fiscal year ending
November 30, 1987, and which was prepared by the firm of Plante
& Moran, the Council does hereby refer this item to the finance
and insurance committee for its report and recommendation.
#353-88 RESOLVED, that having considered a communication from
the City Clerk, dated April 5 , 1988 , which indicates that the
proprietor of Paragon Technology Park Subdivision, situated in
the Northeast 1/4 of Section 27 , has delivered final true plats
to the City Clerk and requested that said plat be presented to
Council for final approval; and the Council having received a
communication from the City Planning Commission dated March 29 ,
1988, wherein said Commission approves the final plat for the
said subdivision in its resolution 3-53-88 , adopted on March
22, 1988 ; and the Council having considered a report from the
City Engineer dated March 21, 1988, recommending approval of
the final plat of said subdivision, the preliminary plat of
which was approved by Council in its resolution 266-87 adopted
on March 25 , 1987, said preliminary plat having been recom-
mended for approval by the City Planning Commission on Decem-
ber 9, 1986 , in its resolution 12-317-86; now, therefore, the
Council does hereby determine to grant its approval to the
final plat of Paragon Technology Park Subdivision, located in
the Northeast 1/4 of Section 27 , City of Livonia, Wayne County,
Michigan, as submitted by the proprietor thereof, which pro-
prietor is also hereby required to do all things necessary to
obtain full compliance with the Subdivision Control Act of
Michigan of 1967, as amended, and the ordinances of the City
of Livonia; and further, the City Clerk is hereby requested to
do all things necessary or incidental to the full performance
of this resolution.
#354-88 RESOLVED, that having considered the report and recom-
mendation of the City Librarian, dated April 8 , 1988, which
bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the
bid of Library Design Associates, 859 South Main Street, P. O.
Box 1350 , Plymouth, Michigan 48170, for supplying stacking
chairs ( 24 plain, 160 fabric and 5 dollies) for the Civic
Center Library for the price of $21 , 018 .00, the same having
been in fact the lowest bid received and meets all specifica-
tions.
#355-88 RESOLVED, that the Council having considered a commu-
nication from the City Engineer dated March 31, 1988, approved
for submission by the Mayor, submitted pursuant to the require-
ments set forth in Section 16. 24. 310 of the Livonia Code of
Ordinances, as amended, wherein it is required that ornamental
street lighting with underground wiring shall be provided in
all subdivisions in conformity with the standards prescribed,
and the City Engineer having ascertained the assessed valua-
24085
tion of all property affected by the proposed improvement with
imregard to Pine Creek Subdivision, located in the Southwest 1/4
of Section 9 , T. 1S. , R. 9E. , City of Livonia, Wayne County,
Michigan, and such report having indicated the number of par-
cels which show tax delinquencies, the number of parcels owned
by public authorities, the number of parcels which are vacant,
and having prepared and caused to be prepared plans and speci-
fications therefor and an estimate for the cost thereof, and to
file the same with the City Clerk together with his recommenda-
tion as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included
in the proposed special assessment district, and it appearing
to the Council that all of such information, estimate, plans,
specifications and recommendations have been properly filed by
the City Engineer with the City Clerk under date of March 31 ,
1988 , and that there has been a full compliance with all of the
provisions of Section 3 . 08. 060 of the Livonia Code of Ordi-
nances , as amended, the Council does hereby set Monday, May 16,
1988 , at 8 : 00 P.M. as the date and time for a public hearing on
the necessity for such proposed improvement which public hear-
ing shall be held before the Council in the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan, pursuant to Sec-
tion 3 .08 .070 of said Livonia Code of Ordinances , as amended,
im and the City Clerk is hereby authorized to give notice and pub-
lication of such hearing as is required by Section 3 . 08. 070 of
said Code.
#356-88 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5 . 2934 ; MCLA 125 .
584 ) , as well as Article XXIII of Ordinance 543 , as amended,
the Zoning Ordinance of the City of Livonia, the Council does
hereby determine that a public hearing will take place before
the City Council of the City of Livonia on Wednesday, May 25 ,
1988 , at 8: 00 P.M. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items:
( 1) Petition 88-2-1-1, submitted by Marcello Scappaticci,
for a change of zoning on property located on the
northeast corner of Joy Road and Houghton Street in
the Southeast 1/4 of Section 31 from R-1 to R-6 , the
City Planning Commission in its resolution 3-43-88
having recommended to the City Council that Petition
88-2-1-1- be denied;
( 2) Petition 88-2-1-2, submitted by the City Planning Commis-
sion, for a change of zoning on property located on the
north side of Five Mile Road, east of I-96 Freeway in the
iw Southwest 1/4 of Section 18 , from R-E to P.S. , the City
Planning Commission in its resolution 3-44-88 having
recommended to the City Council that Petition 88-2-1-2 be
approved;
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( 3 ) Petition 88-2-1-3 , submitted by the City Planning
LCommission, for a change of zoning on property located
on the northwest corner of Five Mile Road and Levan Road
in the Southwest 1/4 of Section 17 , from C-i to P.S. , the
City Planning Commission in its resolution 3-45-88 having
recommended to the City Council that Petition 88-2-1-3 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 regis-
tered 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 inci-
dental to the full performance of this resolution.
*357-88 RESOLVED, that the Council having considered a commu-
nication from the City Engineer dated April 5, 1988 , approved
im for submission by the Mayor, and submitted pursuant to Council
Resolution 86-88, wherein the City Engineer has ascertained
the assessed valuation of all property affected by the pro-
posed installation of ornamental street lighting with under-
ground wiring in Sunnyside, Meadowview & Biltmore Estates
Subdivisions , located in the East 1/2 of Section 20 and the
West 1/2 of Section 21, T. 1S. , R. 9E. , City of Livonia, Wayne
County, Michigan, and such report having indicated the number
of parcels which show tax delinquencies, the number of parcels
owned by public authorities, the number of parcels which are
vacant, and having prepared and caused to be prepared plans and
specifications therefor and an estimate for the cost thereof,
and to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid
by special assessment and what part, if any, should be a gen-
eral obligation of the City, the number of installments in
which assessments may be paid and the lands which should be
included in the proposed special assessment district, and it
appearing to the Council that all of such information, esti-
mate, plans, specifications and recommendations have been
properly filed by the City Engineer with the City Clerk under
date of April 5 , 1988 , and that there has been a full compli-
ance with all of the provisions of Section 3 . 08. 060 of the
Livonia Code of Ordinances, as amended, the Council does hereby
set Monday, May 16 , 1988 , at 8: 00 P.M. as the date and time for
a public hearing on the Necessity for such proposed improvement
which public hearing shall be held before the Council in the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan,
pursuant to Section 3 . 08 . 070 of said Livonia Code of Ordi-
24087
Lnances , as amended, and the City Clerk is hereby authorized to
give notice and publication of such hearing as is required by
Section 3 . 08. 070 of said Code.
#358-88 RESOLVED, that having considered a communication from
the City Engineer, dated March 17, 1988 , approved for submis-
sion by the Mayor and submitted pursuant to Council Resolution
486-87 , wherein the City Engineer has ascertained the assessed
valuation of all property affected by the proposed street im-
provement in the Golden Ridge Subdivision, located in the East
1/2 of Section 31 , T. 1S. , R. 9E. , City of Livonia, Wayne County,
Michigan, and such report having indicated the number of par-
cels which show tax delinquencies , the number of parcels owned
by public authorities, the number of parcels which are vacant,
and having prepared and caused to be prepared plans and speci-
fications therefor and an estimate for the cost thereof, and to
file the same with the City Clerk together with his recommenda-
tion as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included
in the proposed special assessment district, and it appearing
to the Council that all of such information, estimate, plans,
specifications and recommendations have been properly filed by
the City Engineer with the City Clerk under date of March 17,
1988, and that there has been a full compliance with all of the
provisions of Section 3 . 08 . 060 of the Livonia Code of Ordi-
nances, as amended, the Council does hereby set Wednesday,
May 25 , 1988, at 8 : 00 P.M. as the date and time for a public
hearing on the Necessity for such proposed improvement which
public hearing shall be held before the Council in the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursu-
ant to Section 3 . 08 . 070 of said Livonia Code of Ordinances , as
amended, and the City Clerk is hereby authorized to give notice
and publication of such hearing as is required by Section
3 . 08. 070 of said Code.
A roll call was taken on the foregoing resolutions with the
following result:
AYES: McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop,
Feenstra.
NAYS: None.
On a motion by Councilman Ochala, seconded by Councilman
Bishop, and unanimously adopted, it was
#359-88 RESOLVED, that having considered the report and recom-
mendation of the Legislative Committee, dated April 6 , 1988,
and submitted pursuant to Council Resolution 668-87 , in con-
nection with a request from Judy Weiser for legislation regu-
24088
lating and/or prohibiting ownership of pit bulls in the City
of Livonia and also submitted pursuant to Council Resolution
27-88 in connection with a communication from the Department of
Law, which submitted proposed ordinance amendments for the
regulations of vicious dogs, the Council does hereby refer this
item back to the Department of Law for further review and a new
report and recommendation which includes specific reference to
pit bulls in particular.
On a motion by Councilman Taylor, seconded by Councilman
Bishop, and unanimously adopted, it was
#360-88 RESOLVED, that having considered the report and recom-
mendation of the Committee of the Whole, dated April 13 , 1988 ,
submitted pursuant to Council Resolution 921-85 in connection
with a report from the Chief of Police which sets forth bud-
getary implications of establishing a full-time Crime Preven-
tion Bureau in the Division of Police and which is also sub-
mitted pursuant to Council Resolution 1011-87 in connection
with a communication from the Chief of Police, which transmits
manpower recommendations for the next three budget years, the
Council does hereby refer these items to the Finance Director
and Mayor for inclusion in the proposed 1988-1989 budget.
On a motion by Councilwoman McCotter, seconded by Councilwoman
Toy, and unanimously adopted, it was
%361-88 RESOLVED, that having considered the report and recom-
mendation of the Committee of the Whole, dated April 13 , 1988 ,
submitted pursuant to Council Resolution 921-85 in connection
with a report from the Chief of Police which sets forth bud-
getary implications of establishing a full-time Crime Preven-
tion Bureau in the Division of Police and which is also sub-
mitted pursuant to Council Resolution 1011-87 in connection
with a communication from the Chief of Police, which transmits
manpower recommendations for the next three budget years, the
Council does hereby refer back to the Committee of the Whole
for its report and recommendation the question of what can
currently be done to implement the aforesaid recommendation of
establishing a full-time Crime Prevention Bureau.
On a motion by Councilman Taylor, seconded by Councilwoman
McCotter, and unanimously adopted, it was
#362-88 RESOLVED, that having considered the report and recom-
mendation of the Committee of the Whole, dated April 13 , 1988,
and submitted pursuant to Council Resolution 451-86 in con-
nection with the question of establishing a policy with regard
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to allocating public access on Tier I and Tier II channels, the
tio Council does hereby determine to take no further action allo-
cating a Tier II channel for the "Catholic Television Network
of Detroit" and time sharing public access channels on Tier I &
II.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#363-88 RESOLVED, that having considered the report and recom-
mendation of the Committee of the Whole, dated April 13 , 1988,
and submitted pursuant to Council Resolution 670-86 in con-
nection with a communication from the City Assessor, dated June
11, 1986, approved for submission by the Mayor, with regard to
a request from Alan Mendelssohn, 11525 Farmington Road, Liv-
onia, Michigan 48154 , and in accordance with the provisions of
1967 P.A. 288 , as amended, as well as Section 18 . 46 of Ordi-
nance No. 543 , as amended, the Livonia Zoning Ordinance, the
Council does hereby determine to deny the request for dividing
and combining Tax Item No. 46 129 01 0202 002 ( 33A202B 203B
204A 204C 205C) into two ( 2) parcels since the same would be
in violation of the City' s zoning ordinance and law.
lw On a motion by Councilwoman Toy, seconded by Councilwoman
AcCotter, and unanimously adopted, it was
#364-88 RESOLVED, that having considered the report and recom-
mendation of the Committee of the Whole, dated April 13 , 1988 ,
and submitted pursuant to Council Resolution 1144-87 in con-
nection with a letter from Thomas J. McGillis, 43541 Galway,
Northville, Michigan 48167, dated November 16, 1987, wherein
the request is submitted for permission to conduct a St.
Patrick' s Day parade in Livonia, on March 12, 1988, the Council
does hereby determine to take no further action at this time.
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
it was
RESOLVED, that having considered the report and recom-
mendation of the Committee of the Whole, dated April 13 , 1988,
and submitted pursuant to Council Resolution 50-88 in con-
nection with a communication from the City Planning Com-
mission, dated December 1, 1987 , which sets forth its resolu-
tion 11-259-87 adopted on November 17, 1987, with regard to
Petition 87-10-2-46, submitted by D. C. Electronics, Inc. re-
l.
waiver use approval to use an existing building for a
gas station and convenience store located on the Southeast
corner of Eight Mile and Farmington Roads in the Northwest 1/4
of Section 3 , which property is zoned C-2 , and the Council
24090
having conducted a public hearing with regard to this matter on
January 11, 1988 , pursuant to Council Resolution 1166-87, the
Council does hereby concur in the recommendation of the City
Planning Commission and said Petition 87-10-2-46 is hereby
denied for the same reasons as those set forth in the action
taken by the Planning Commission.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Ochala, Toy.
NAYS: Taylor, Jurcisin, Bishop, Feenstra.
The President declared the resolution denied.
On a motion of Councilman Bishop, seconded by Councilman
Jurcisin, it was
#365-88 RESOLVED, that having considered the report and recom-
mendation of the Committee of the Whole, dated April 13 , 1988 ,
and submitted pursuant to Council Resolution 50-88 in con-
nection with a communication from the City Planning Com-
mission, dated December 1, 1987, which sets forth its resolu-
tion 11-259-87 adopted on November 17 , 1987, with regard to
Petition 87-10-2-46, submitted by D. C. Electronics, Inc. re-
questing waiver use approval to use an existing building for a
gas station and convenience store located on the Southeast
corner of Eight Mile and Farmington Roads in the Northwest 1/4
of Section 3 , which property is zoned C-2, and the Council
having conducted a public hearing with regard to this matter on
January 11, 1988, pursuant to Council Resolution 1166-87, the
Council does hereby reject the recommendation of the City Plan-
ning Commission and said Petition 87-10-2-46 is hereby approved
and granted, such approval being conditioned upon compliance
with a revised site plan dated November 16, 1987 ; provided,
however, that the approval herein granted does not include
approval of signs, with respect to which subsequent City
Council approval will be required.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Taylor, Jurcisin, Bishop, Feenstra.
NAYS: McCotter, Ochala, Toy.
"he President declared the resolution adopted.
im
24091
On a motion of Councilman Jurcisin, seconded by Councilman
LiBishop, and unanimously adopted, it was
#366-88 RESOLVED, that having considered a communication from
the Department of Law, dated April 6 , 1988 , which submits a
proposed amendment to the Zoning Ordinance in connection with
Petition 87-12-1-39 , submitted by Alan C. Helmkamp for a change
of zoning on property located on the Southwest corner of Eight
Mile Road and Meadowview Lane in the Northwest 1/4 of Section 6
from RUFC to P.S. , the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation.
Councilman Bishop gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 31 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
543 , AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE"
BY ADDING SECTION 3 . THERETO.
(Petition 87-12-1-40)
The foregoing Ordinance, when adopted, is filed in the Journal of
iii. )rdinances 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 of the
Council.
Councilman Ochala gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 3 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 87-12-1-41)
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
impfiord for word repeated herein. The above Ordinance was placed on
che table for consideration at the next regular meeting of the
Council.
24092
Councilman Taylor gave first reading to the following Ordinance:
im AN ORDINANCE AMENDING SECTION 21 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 87-2-1-12)
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 of the
Council.
On a motion by Councilman Jurcisin, seconded by Councilman
Taylor, it was
%367-88 RESOLVED, that having considered a letter from Sean P.
Kavanagh, dated March 29 , 1988, and submitted in behalf of his
imclient, Perry Drug Stores, Inc. , the Council does hereby re-
scind and repeal Council Resolution 925-87 , which denied
Petition 87-6-2-28 submitted by Perry Drug Stores , Inc. , for
waiver use approval to utilize an SDM license in conjunction
with an existing drug store located north of Grand River be-
tween Eight Mile and Inkster Road in the Northwest 1/4 of
Section 1 .
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Taylor, Jurcisin, Bishop.
NAYS: Ochala, Toy, Feenstra.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman
Jurcisin, it was
#368-88 RESOLVED, that having considered a letter from Sean P.
Kavanagh, dated March 29 , 1988 , and submitted in behalf of his
client, Perry Drug Stores, Inc. , the Council does hereby concur
Lin the recommendation of the Planning Commission and Petition
87-6-2-28 submitted by Perry Drug Stores, Inc. , for waiver use
approval to utilize an SDM license in conjunction with an
24093
existing drug store located north of Grand River between Eight
ime Mile and Inkster Road in the Northwest 1/4 of Section 1 is
hereby approved and granted.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Taylor, Jurcisin, Bishop.
NAYS: Ochala, Toy, Feenstra.
The President declared the resolution adopted.
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
it was
RESOLVED, that having considered a letter from
Richard D. Thomas, dated April 4 , 1988 , submitted in behalf of
his client, the Conservator of the Estate of Margret Gutowski,
a Legally Incompetent Adult, requesting that Council Resolution
194-88 be repealed and rescinded, the Council does hereby
determine to take no further action with respect to this item.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Taylor, Ochala, Toy, Feenstra.
NAYS: McCotter, Jurcisin, Bishop.
The President declared the resolution adopted.
On a motion by Councilwoman Toy requesting that she be allowed
to change her vote, the Council President requested the Clerk poll
the Council; it was unanimously agreed to permit her to change
her vote.
A roll call vote was again taken on the foregoing resolution with
the following result:
AYES: Taylor, Ochala, Feenstra.
NAYS: McCotter, Jurcisin, Toy, Bishop.
The President declared the resolution, with the changed vote,
defeated.
24094
On a motion by Councilwoman McCotter, seconded by Councilman
LJurcisin, it was
#369-88 RESOLVED, that having considered a letter from
Richard D. Thomas , dated April 4 , 1988 , submitted in behalf of
his client, the Conservator of the Estate of Margret Gutowski,
a Legally Incompetent Adult, the Council does hereby rescind
and repeal Council Resolution 194-88, adopted on March 9, 1988,
wherein the Council did reject the offer of the aforesaid
estate for the purchase of City-owned property located at
9918-9920 Shadyside.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Ochala, Jurcisin, Toy, Bishop.
NAYS: Taylor, Feenstra.
The President declared the resolution adopted.
On a motion by Councilwoman McCotter, seconded by Councilman
im -Ashop, it was
#370-88 RESOLVED, that having considered a communication
from the Department of Law and. Director of Housing dated
July 24, 1987, approved for submission by the Mayor Pro Tem
and submitted pursuant to Council Resolution 559-87 in con-
nection with a letter from William E. Gutowski, 41275 Old
Michigan Avenue, Canton, Michigan, dated May 12 , 1987, as well
as a letter from Richard Thomas, Attorney at Law, Plymouth,
Michigan, dated May 27 , 1987 , wherein it is requested that the
City convey certain property located at 9918 and 9920 Shady-
side, Livonia, Michigan, to the Estate of Margret Gutowski,
and having also considered the report and recommendation of the
Department of Law and the Director of Housing dated January 27,
1988, as well as a letter from Richard D. Thomas dated April 4 ,
1988, the Council does hereby refer this item to the Committee
of the Whole for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Ochala, Jurcisin, Toy, Bishop.
NAYS: Taylor, Feenstra.
:he President declared the resolution adopted.
iii
24095
rhe President of the Council relinquished the Chair at 8 : 45 P.M.
On a motion by Councilman Feenstra, seconded by Councilman
Taylor, it was
RESOLVED, that having considered the report and recom-
mendation of the City Engineer, dated April 6, 1988 , which
bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the
unit price bid of Sole Construction Company, 38272 Abruzzi
Drive, Westland, Michigan 48185 , for the paving of the Fox
Creek Golf Course parking lots - Contract 88-B, for the esti-
mated total cost of $234,716. 20 , based upon the Engineering
Department' s estimate of units involved, and subject to a
final payment based upon the actual units completed in
accordance with the unit prices accepted herein, said esti-
mated cost and unit prices having been in fact the second
lowest bid received for this item, the Council having deter-
mined to reject the low bid of T. & M. Asphalt Paving, Inc.
for the following reason: Said low bid contained an omission
which, when added, would make said low bid, in fact, the
second lowest bid; further, the Council does hereby appropri-
ate and authorize the expenditure of a sum not to exceed
$234 ,716. 20 from the following accounts: Act 51 , Fund No.
202 (Major Roads) , Fund No. 203 (Local Roads) , and Fund
No. 591 (Water Fund) ; 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.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Taylor, Bishop, Feenstra.
NAYS: Ochala, Jurcisin, Toy, McCotter.
The Vice President declared the resolution defeated
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
it was
#371-88 RESOLVED, that having considered the report and recom-
mendation of the City Engineer, dated April 6 , 1988 , which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the
unit price bid of T. & M. Asphalt Paving, Inc. , 20788 Osmus,
Farmington Hills, Michigan 48024 , for the paving of the Fox
Creek Golf Course parking lots - Contract 88-B, for the esti-
24096
mated total cost of $231 , 454. 50 , based upon the Engineering
Department' s estimate of units involved, and subject to a
final payment based upon the actual units completed in accord-
ance with the unit prices accepted herein, said estimated
cost and unit prices having been in fact the lowest bid re-
ceived for this item; further, the Council does hereby appro-
priate and authorize the expenditure of a sum not to exceed
$231 ,454. 50 from the following accounts: Municipal Building
Authority Bond Proceeds for the Golf Course, Act 51, Fund
No. 202 (Major Roads) , Fund No. 203 (Local Roads) , and Fund
No. 591 (Water Fund) ; 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 reso-
lution.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter.
NAYS: Feenstra.
The Vice President declared the resolution adopted.
The President of the Council resumed the Chair at 9: 10 P.M.
On a motion by Councilwoman McCotter, seconded by Councilman
Taylor, and unanimously adopted, it was
#372-88 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 30,
1988 , approved for submission by the Mayor and Finance Direc-
tor, and which transmits a resolution adopted by the Parks and
Recreation Commission on March 7, 1988, requesting funds for
capital improvements at the City' s golf courses, the Council
does hereby appropriate and authorize as an advance the sum of
$75 ,000.00 from the General Fund to be deposited into Capital
Improvement Funds for immediate use in the repair of teemarkers
at Idyl Wyld and Whispering Willows and for the reconstruction
of tees and greens at Whispering Willows, the said advance to
be reimbursed as funds are derived from the golf course opera-
tion.
On a motion by Councilman Bishop, seconded by Councilwoman
McCotter, it was
#373-88 RESOLVED, that having considered a communication from
L the Superintendent of Parks and Recreation, dated March 30,
1988, approved for submission by the Mayor and Finance Direc-
tor, and which transmits Parks and Recreation Commission
24097
L resolutions 1958-88 and 1959-88 , wherein it is recommended that
the Council waive all fees in connection with the Wolverine
Soccer Tournament, conditioned upon the Michigan State Youth
Soccer Association continuing to carry a minimum of $1 ,000 , 000.
liability insurance with the City named as additional insured
and which would grant permission to the Michigan State Youth
Soccer Association to conduct the Wolverine Soccer Tournament
on July 2nd, 3rd and 4th, 1988 , at Bicentennial Park, the
Council does hereby concur in and approve of such action,
subject to full and complete compliance with the conditions
set forth in the aforesaid recommendation of the Parks and
Recreation Commission.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop.
NAYS: Feenstra.
The President declared the resolution adopted.
On a motion of Councilman Ochala, seconded by Councilman
trTaylor, and unanimously adopted, it was
#374-88 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 30,
1988, approved for submission by the Mayor and Finance Direc-
tor, with regard to the Wolverine Soccer Tournament to be con-
ducted at Bicentennial Park on July 2nd, 3rd and 4th, 1988 , the
Council does hereby request that the Administrative Committee
established to review City policies, procedures and insurance
requirements governing the use of City facilities by various
groups and organizations, submit its report and recommendation.
On a motion of Councilman Taylor, seconded by Councilman
Jurcisin, and unanimously adopted, it was
#375-88 RESOLVED, that having considered the report and recom-
mendation of the Chief of Police, dated April 4 , 1988 , which
bears the signature of the Finance Director and is approved for
submission by the Mayor, wherein a transfer of adjudicated
monies is requested in order to fund two ( 2) police officer
positions in the Intelligence Bureau, the Council does hereby
authorize the transfer of a sum of $55 , 454 . 00 from adjudicated
drug monies, Account No. 702-000-285-210 to the listed accounts
in the amounts indicated for the remainder of the budget year
Lfor 1987-1988 for this purpose.
The President of the Council relinquished the Chair at 9: 15 P.M.
24098
On a motion by Councilman Jurcisin, seconded by Councilman
iroTaylor, it was
#376-88 RESOLVED, that the Council does hereby amend and re-
vise Council Resolution 310-88 , adopted on April 6 , 1988 , so
as to have the same read as follows:
WHEREAS, pursuant to due and proper notice published and
mailed to all property owners in Special Assessment District
No. 303 for the proposed improvement of Seven Mile Super
Highway Subdivision in the Northeast 1/4 of Section 9, with a
31 ' wide full-depth asphalt pavement with concrete curbs and
gutters (Alternate II) on the streets next to the commercial
property south of Seven Mile Road and 4 inches of asphalt over
the existing roadway, 20 ft. to 22 ft. wide (Alternate IV) over
the balance of the streets , 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 Ordi-
nances , as amended, a public hearing thereafter having been
held thereon on Wednesday, March 30 , 1988 , at 8 : 00 P.M. at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the
City Council having duly met and reviewed the special assess-
ments levied on the special assessment roll as prepared by the
City Assessor to cover the district portion of the cost of the
street improvement to be constructed in Special Assessment
District No. 303 ; 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 January 28 , 1988 , in the amount of $247 , 181 . 50 ,
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 this City Council;
( 2) Said Special Assessment Roll No. 303 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 the date of confirma-
tion. Said interest shall be payable on each in-
stallment due date, provided, however, that after
to the issuance of bonds in anticipation of the col-
lection of the unpaid assessments on the said
special assessment roll, said rate of interest
24099
shall be adjusted to a rate which is not more than
ims 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 in-
stallments 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 , 1989 and subsequent install-
ments 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, within sixty ( 60 ) days
from December 1, 1989 pay the whole or any part of
the assessment without interest or penalty;
( 5 ) The first installment shall be spread upon the 1989
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, 1988 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 in-
stallments; and
( 6) The City Council does hereby determine to pay 15%
of the paving costs ( $41, 217.79) , 100% of drainage
costs ( $133 , 127. 30 ) and ( $1,698. 00 ) for 141. 5 ft.
of City-owned property for a total estimated City
cost of $176 ,043 . 09.
A roll call vote was taken on the foregoing resolution with the
im following result:
AYES: Taylor, Ochala, Jurcisin, Toy, Bishop.
NAYS: McCotter, Feenstra.
24100
The Vice President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
it was
#377-88 RESOLVED, that the Council does hereby amend and re-
vise Council Resolution 310-88 , adopted on April 6, 1988 , so
as to have the same read as follows:
WHEREAS, pursuant to due and proper notice published and
mailed to all property owners in Special Assessment District
No. 303 for the proposed improvement of Seven Mile Super
Highway Subdivision in the Northeast 1/4 of Section 9, with a
31 ' wide full-depth asphalt pavement with concrete curbs and
gutters (Alternate II) on the streets next to the commercial
property south of Seven Mile Road and 4 inches of asphalt over
the existing roadway, 20 ft to 22 ft wide (Alternate IV) over
the balance of the streets , 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 Ordi-
nances, as amended, a public hearing thereafter having been
held thereon on Wednesday, March 30, 1988 , at 8 : 00 P.M. at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the
City Council having duly met and reviewed the special assess-
ments levied on the special assessment roll as prepared by the
10 City Assessor to cover the district portion of the cost of the
street improvement to be constructed in Special Assessment
District No. 303; 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 January 28 , 1988 , in the amount of $247, 181.50,
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 this City Council;
( 2) Said Special Assessment Roll No. 303 is hereby
approved and confirmed in all respects;
( 3) The amount of said roll shall be divided into ten
( 10) equal annual installments with respect to the
Alternate IV improvement, and said roll shall be
divided into fifteen ( 15 ) equal annual installments
with respect to the Alternate II improvement with
im interest at the rate of eight ( 8%) percent per annum
on the unpaid balance of the assessment from the date
24101
of confirmation. Said interest shall be payable on
io 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 adjusted to a rate which is 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 in-
stallments 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 , 1989 and subsequent install-
ments 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, within sixty ( 60) days
from December 1, 1989 pay the whole or any part of
the assessment without interest or penalty;
( 5) The first installment shall be spread upon the 1989
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, 1988 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 15%
of the paving costs ( $41,217 .79) , 100% of drainage
costs ( $133 , 127. 30 ) and ( $1,698 . 00) for 141.5 ft.
of City-owned property for a total estimated City
cost of $176 ,043 . 09.
A roll call vote was taken on the foregoing resolution with the
following result:
24102
AYES: McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop.
NAYS: Feenstra.
The Vice President declared the resolution adopted.
The President of the Council resumed the Chair at 9 : 20 P.M.
On a motion by Councilman Taylor, seconded by Councilman
Ochala, and unanimously adopted, it was
#378-88 RESOLVED, that Mayflower Development Co. , 15510
Farmington Road, Livonia, Michigan 48154 , as proprietors ,
having requested the City Council to approve the proposed
preliminary plat of the following subdivision: Stamford
Acres Subdivision located in the Northeast 1/4 of Section 9 ;
the said proposed preliminary plat being dated July 28 , 1987;
and it further appearing that tentative approval of such pre-
liminary plat was given by the City Planning Commission, after
due notice and a public hearing on August 18 , 1987 ; and it
further appearing that such preliminary plat, together with
development plans and specifications for improvements therein
have been examined and approved by the Department of Public
Works as is set forth in the report of that department dated
March 21, 1988 ; therefore, the City Council does hereby approve
of the said preliminary plat on the following conditions:
( 1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including
the Subdivision Control Ordinance, being Title 16 , Chapters
16. 04 through 16 . 24 of the Livonia Code of Ordinances, as
amended; the Subdivision Regulations of the Planning Commis-
sion; the regulations and specifications of the Department of
Public Works and the Development Plans submitted by the pro-
prietor and approved by such department; all such improvements
to be constructed, installed, accomplished and completed within
a period of two ( 2) years from the effective date of this reso-
lution; failing this , the approval contained herein shall be
considered null, void and of no effect whatsoever; ( 2) That
all inspection fees and other charges due to the City of
Livonia shall be fully paid at the time and in the manner pro-
vided in the said Subdivision Control Ordinance, as amended;
( 3 ) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and
final approval of the Department of Public Works , and such
improvements shall not be considered as having been
satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section
16. 24.370 of the said Subdivision Control Ordinance, as
amended; ( 4 ) That the proprietor enter into an agreement with
the City of Livonia agreeing to construct, within the pre-
scribed period of time and in the prescribed manner, all
improvements required to the extent required by the City of
Livonia and as shown on the approved development plans;
24103
( 5) That the final true record plat of the aforesaid subdivi-
im sion shall be submitted and must receive the final approval of
the City Planning Commission as evidence that such plat is in
compliance with existing Subdivision Regulations; ( 6) That
the final true plat of the aforesaid subdivision shall be sub-
mitted and must receive the final approval of the City Council
within two ( 2) years from the effective date of this resolu-
tion; the City Council shall approve final plats of the afore-
said proposed subdivision if drawn in substantial conformity
with the proposed plat as approved herein, and provided there
has been compliance with all other requirements of State
Statute, the Subdivision Control Act, the Subdivision Control
Ordinance and this resolution; ( 7) That, for the purpose of
obtaining approval of final plats prior to the completion of
all required improvements the proprietor may file with the City
of Livonia a corporate surety bond, certified check, cash bond,
irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improve-
ments, utilities and grading by the proprietor within the pre-
scribed period; that in the event the proprietor elects to
deposit such financial assurances the same shall be in the
following amounts:
A. General Improvement Bond $26 , 000. 00, of which at least
$5, 000 . 00 shall be
in cash.
B. Sidewalk Bond $ 7, 000. 00 , of which at least
$1, 500. 00 shall be
in cash.
C. Grading & Soil Erosion $ 2 , 000 . 00 , (cash)
D. Monuments & Lot Markers $ 310. 00, (cash)
and require cash payments in the total amount of $2,726. 50 .
In addition, distribution lines for telephone and electric
services are to be placed underground and ornamental street
lights are to be provided for on Stamford Avenue.
On a motion by Councilman Bishop, seconded by Councilman
Taylor, and unanimously adopted, it was
*379-88 RESOLVED, that having considered the report and recom-
mendation of the City Engineer, dated March 25 , 1988, which
bears the signature of the Finance Director and is approved by
the City Attorney and approved for submission by the Mayor, and
to which is attached a proposed Engineering Services Agreement
between the City of Livonia and Orchard, Hiltz & McCliment,
:,.., Inc. and Hubbell, Roth & Clark, Inc. , a joint venture, the
24104
purpose of which is to provide a Sewer System Evaluation Study
immo for the North Huron Valley/Rouge Valley Wastewater Control
System, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the
attached agreement in the amount of $962,800.00, the cost of
which is to be financed by surplus Chapter 20 drainage funds to
be returned to the City of Livonia by the Wayne County Office
of Public Services, said amount to be reimbursed after revenue
bonds are sold.
On a motion by Councilman Bishop, seconded by Councilwoman
McCotter, and unanimously adopted, it was
#380-88 WHEREAS, this City Council does hereby determine that
it is necessary to acquire and construct street improvements
(the "Improvements" ) in the City described in Exhibit A,
attached hereto and made a part hereof; and
WHEREAS, the cost of the Improvements is estimated to
be Three Million Seven Hundred Eighty-nine Thousand Four
Hundred Sixty-one Dollars ($3,789,461) ; and
WHEREAS, to finance a part of the cost of the
Improvements the City Council deems it necessary to borrow
the sum of One Million Four Hundred Thousand Dollars
($1,400,000) and issue bonds therefor as authorized by the
provisions of Act 175, Public Acts of Michigan, 1952, as
amended ( "Act 175" ) , the remainder of the cost of the
24105
Improvements to be paid from the proceeds of the City s 1988
Special Assessment Limited Tax Bonds and from other funds
lawfully available for such purposes; and
WHEREAS, the Improvements are in accordance with the
purposes enumerated in Act 51, Public Acts of Michigan, 1951
( "Act 51" ) ; and
WHEREAS, the revenues received by the City from the
Michigan Transportation Fund pursuant to Act 51 in the year
preceding this contemplated borrowing are more than
sufficient to comply with all the requirements specified in
Section 4 of Act 175 ;
NOW, THEREFORE, BE IT RESOLVED THAT:
1 . The plans and estimates of cost of the
Improvements are hereby approved and adopted.
2. The period of usefulness of the Improvements is
estimated to be not less than twenty (20) years
3 . The City Council hereby determines to borrow the
sum of One Million Four Hundred Thousand Dollars
($1, 400,000) and issue bonds of the City therefor pursuant
to the provisions of Act 175 (the "Bonds" ) , for the purpose
of providing funds to pay part of the cost of the
Improvements.
4. The Bonds shall be designated 1988 MICHIGAN
TRANSPORTATION FUND BONDS and shall consist of bonds
registered as to principal and interest of the denominations
of any multiple of $5,000 not exceeding for each maturity
24106
the maximum principal amount of the Bonds of that maturity
and numbered consecutively in order of authentication from
1 upwards The Bonds will be dated as of May 1, 1988 and be
payable on July 1st of each year as follows:
$ 25,000 - 1988 to 1995, inclusive;
75,000 - 1996;
100, 000 - 1997 and 1998;
200,000 - 1999 and 2000;
250, 000 - 2001 ;
275,000 - 2002 .
The Bonds shall bear interest to be determined at
public sale but not to exceed nine perCent (9%) per annum,
payable on July 1 , 1988 and semiannually thereafter. The
Bonds will be subject to redemption and be payable in the
manner set forth in paragraph 9 hereof.
5. The Bonds shall be executed in the name of the
toCity with the facsimile signatures of the Mayor, the City
Clerk and the City Treasurer and shall bear the actual or a
facsimile of the City seal. No Bond of this series shall be
valid until authenticated by an authorized signature of the
transfer agent designated in the notice of sale of the
Bonds. The Bonds shall be delivered to the transfer agent
for authentication and be delivered by the transfer agent to
the purchaser in accordance with instructions from the
Finance Director of the City upon payment of the purchase
price for the Bonds in accordance with the bid therefor when
accepted. Executed blank bonds for registration and
issuance to transferees shall simultaneously, and from time
Imto time thereafter as necessary, be delivered to the
24107
transfer agent for safekeeping The principal of the Bonds
shall be payable at Comerica Bank-Detroit, Detroit,
Michigan, which is hereby designated by the City Council as
registrar and transfer agent
6. Any Bond may be transferred upon the books
required to be kept pursuant to this section by the person
in whose name it is registered, in person or by the
registered owner s duly authorized attorney, upon surrender
of the Bond for cancellation, accompanied by delivery of a
duly executed written instrument of transfer in a form
approved by the transfer agent Whenever any Bond or Bonds
shall be surrendered for transfer, the City shall execute
and the transfer agent shall authenticate and deliver a new
iwBond or Bonds, in like aggregate principal amount. The
transfer agent shall require the payment by the bondholder
requestilg the transfer of any tax or other governmental
charge required to be paid with respect to the transfer
The date of determination of the registered owner for
purposes of payment of interest as provided in this
resolution may be changed by the City to conform to market
practice in the future. The principal of the Bonds shall be
payable at the office of the transfer agent designated by
the transfer agent.
7 To provide moneys to pay the principal of and
interest on the Bonds and in accordance with the provisions
of Act 175, there is hereby made an irrevocable
top
24108
appropriation of the amount necessary to pay the principal
ir of and interest on the Bonds from the moneys to be derived
from State-collected taxes returned to the City for highway
purposes, pursuant to law The Treasurer of the City is
directed, each year that any of the principal of and
interest on the Bonds remains unpaid, to set aside in a
separate depositary account, to be designated 1988 MICHIGAN
TRANSPORTATION FUND BONDS DEBT RETIREMENT FUND, sufficient
moneys from revenues received during such year from the
Michigan Transportation Fund pursuant to law to pay the
principal of and interest on the Bonds next maturing The
Treasurer is further directed to open a separate depository
account, to be designated 1988 MICHIGAN TRANSPORTATION FUND
BONDS CONSTRUCTION FUND into which the proceeds of the
Bonds, less accrued interest and premium, if any, shall be
deposited, which account shall be used to pay the costs of
constructing the Improvements. Proceeds remaining after
completion of the Improvements shall be applied as permitted
by law.
8. Pursuant to Act 175, and as additional security
for the prompt payment of the principal of and interest on
the Bonds, there is hereby irrevocably pledged the limited
tax full faith and credit of the City, and in the event of
insufficiency of funds primarily pledged to the payment
thereof, the City covenants and agrees to provide for such
ta,
24109
insufficiency from such resources as are lawfully available
to it
9 The Bonds shall be in substantially the following
form subject to such changes as to ministerial form as may
be reasonably requested by the transfer agent:
24110
LUNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1988 MICHIGAN TRANSPORTATION FUND BOND
Date of
Maturity Original
Interest Rate Date Issue CUSIP
May 1, 1988
Registered Owner:
Principal Amount: Dollars
irm
The City of Livonia, County of Wayne, 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, with interest thereon from the Date of Original Issue
or such later date to which interest has been paid, until
paid, at the Interest Rate per annum specified above, first
payable on July 1 , 1988 and semiannually thereafter.
Principal of this bond is payable at the corporate trust
office of Comerica Bank-Detroit, 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 interest payment date (the
"Transfer Agent" ) . Interest on this bond is payable to the
registered owner of record as of the fifteenth ( 15th) day of
the month preceding the payment date as shown on the
registration books of the City maintained by the Transfer
Agent, by check or draft mailed to the registered owner at
the registered address.
This bond is one of a series of bonds of even original
issue date and like tenor, aggregating the principal sum of
$1,400 ,000 , issued for the purpose of defraying part of the
cost of major and local street improvements in the City in
accordance with a resolution duly and regularly adopted by
24111
the City Council of said City on April 20, 1988, and pursuant
to the provisions of Act 175 , Public Acts of Michigan, 1952,
as amended.
Bonds of this issue maturing in the years 1988 to 1997,
inclusive, shall not be subject to redemption prior to
maturity.
Bonds or portions of bonds in multiples of $5,000 of
this issue maturing in the years 1998 through 2002,
inclusive, shall be subject to redemption, at the option of
the City, in such order as the City shall determine and
within any maturity by lot, on any interest payment date on
or after January 1, 1998, at par and accrued interest to the
date fixed for redemption, plus a premium, expressed as a
percentage of par as follows:
2% of the par value of each bond or portion
thereof called for redemption on or after
January 1, 1998, but prior to January 1,
2000;
1% of the par value of each bond or portion
thereof called for redemption on or after
January 1, 2000, but prior to maturity.
Lir In case less than the full amount of an outstanding
bond is called for redemption, the Transfer Agent upon
presentation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner a
new bond in the principal amount of the portion of the
original bond not called for redemption.
Notice of redemption shall be given to the owners 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 shall accrue on bonds called for redemption after
the date fixed for redemption, whether such bonds are
presented for redemption or not, provided the City has money
available for such redemption
This bond and the interest thereon are payable from the
proceeds of State-collected taxes returned to the City for
highway purposes pursuant to law, or in case of
insufficiency of said funds, out of the general funds of the
City, and the resolution authorizing the bonds contains an
irrevocable appropriation of the amount necessary to pay the
principal of and interest on the bonds of this issue from
moneys derived from such State-collected taxes so returned
to the City for highway purposes which have not been
24112
theretofore specifically allocated and pledged for the
payment of indebtedness This bond and the interest thereon
is of equal standing and priority of lien as to said
State-collected taxes with certain outstanding issues of
bonds of the City The City has reserved the right to issue
additional bonds of equal standing and priority of lien as
to said State-collected taxes within the limitations
prescribed by law
This bond is not a general obligation of the State of
Michigan.
This bond is transferable only upon the books of the
City kept for that purpose at the office of the Transfer
Agent by the registered owner hereof in person, or by the
registered owner' s attorney duly authorized in writing, upon
the surrender of this bond together with a written
instrument of transfer satisfactory to the Transfer Agent
duly executed by the registered owner or the registered
owner' s attorney duly authorized in writing, and thereupon a
new registered bond or bonds in the same aggregate principal
amount and of the same maturity shall be issued to the
transferee in exchange therefor as provided in the
resolution authorizing the bonds of this issue, and upon the
payment of the charges, if any, therein prescribed
to 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
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 required 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, statutory or charter limitation
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 said City with the
facsimile signatures of its Mayor, its City Clerk and its
L
24113
yasurer and a facsimile of the City seal to be
d hereon, all as of the first day of May, A D. ,
CITY OF LIVONIA
By
Mayor
eal)
d:
City Clerk
City Treasurer
24114
10. The City Clerk shall cause notice of sale of the
Bonds to be published in an authorized newspaper, fixing the
date of sale for a regular or special meeting of the City
Council occurring at least seven (7) full days after the
date of such publication.
11. A copy of this resolution shall be published in
the Observer-Eccentric, Livonia, Michigan, once before this
resolution becomes effective
12. The Bonds herein authorized be and are hereby
designated as "qualified tax exempt bonds" pursuant to the
provisions of the Internal Revenue Code of 1986, as amended.
13 . All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be
Lir - - and the same hereby are rescinded. _ _ __
24115
iwEXHIBIT A
Proposed
Construction
Drainage, Base,
Road or Surface Width
Street Name Termini and Tyne, Etc.
Harrison Five Mile to Lyndon 4" asphalt over existing
Oakley Harrison to Sunbury roadway 20' to 22 ' wide
Sunbury Oakley to Jamison
Oak Drive Five Mile North
2, 600' 4" asphalt over existing
roadway 20' to 22 ' wide.
Mayfield 7 Mile to Clarita 31' wide full depth asphalt
pavement with concrete curb
& gutter and enclosed
drainage.
Richland 650' E. of Stark Rd 28' wide deep strength
to Farmington Road pavement with valley swales
and enclosed drainage
Terrence Middlebelt to Foch 31 ' wide full depth asphalt
Broadmoor Middlebelt to with concrete curb & gutter
Harrison and enclosed drainage
Sunnydale Middlebelt to (Terrence, Broadmoor &
Alexander & Foch Sunnydaleiddlebelt E. 400' )
to Inkster All other portions of the
Foch Five Mile to above streets including
Sunnydale all of Foch Ave improved
with 4" asphalt over
existing roadway 20' to
22 ' wide.
Myrna Loveland to Myrna 4" asphalt over existing
roadway 20' to 22 ' wide.
Rayburn Farmington to 4" asphalt over existing
Hubbard roadway 20' to 22 ' wide
Roycroft Farmington to
Hubbard
Fairfield Five Mile to
S. of Roycroft
Brookfield Five Mile to
S. of Roycroft
24116
lbw Loveland Five Mile to 4" asphalt over existing
S. of Roycroft roadway 20 ' to 22 ' wide.
Shadyside Five Mile to
S. of Roycroft
Woodring Five Mile to
S. of Roycroft
Woodring Rayburn to S. of
Roycroft
Fairfield Six Mile to 4" asphalt over existing
Mayfield roadway 20 ' to 22' wide.
Mayfield Six Mile to S. 1700 '
Loveland 7 Mile to Curtis 4" asphalt over existing
Woodring 7 Mile to Curtis roadway 20 ' to 22 ' wide.
Clarita W. of Woodring to
E. of Loveland
Gill 7 Mile N. to 37 ' 8" thick concrete
Northland pavement with enclosed
drainage.
Curtis Merriman W. 1320 ' 4" asphalt over existing
im roadway 20 ' to 22' wide.
Osmus 8 Mile Rd. to 1000 ' 4" asphalt over existing
S. of Norfolk roadway 20 ' to 22 ' wide.
Parker 8 Mile Rd. to 1000 '
S. of Norfolk
Norfolk Merriman to Hubbard
Laurel Plymouth Rd. to 28 ' wide deep strength
2,600' South asphalt pavement with
Pinetree Wayne Rd. to Stark valley swales and enclosed
drainage.
Clarita Stamford to 450 ' - 31' side full depth
Farmington asphalt pavement with
Pickford Myron to Farmington concrete curb and gutter
Stamford Clarita to 580 ' 9 , 380' - 4" asphalt over
North existing roadway 20 ' to 22 '
Myron Curtis to 7 Mile wide and storm sewer
Filmore Curtis to 7 Mile installation.
Irving Curtis to 7 Mile
Raleigh Van Court to 450 ' - 28 ' wide deep
Plymouth strength asphalt pavement
Van Court Raleigh to Levan with valley swales and
Parkdale Levan to 1,320' enclosed drainage. 1 ,878 ' -
West 4" asphalt over existing
roadway 20' to 22' wide.
24117
Auburndale Five Mile to Myrna 4" asphalt over existing
Jarvis Plymouth Rd. to roadway 20' to 22 ' wide.
860' South
Antago Seven Mile to Vassar 1,200' of 20-22 ' wide full
depth asphalt pavement with
concrete curb and gutter.
Hubbard Five Mile to 1,200' - 34' wide concrete
Jamison pavement with integral
curbs.
Fargo Merriman to Milburn 4" asphalt over existing
Sunset Pembroke to 1,250' roadway 20' to 22' wide.
North
Pembroke Sunset to Milburn
im
On a motion by Councilman Bishop, seconded by Councilwoman
McCotter, and unanimously adopted, it was
#381-88 WHEREAS, by resolution adopted April 20, 1988, the City
Council has authorized the issuance and sale of One Million
Four Hundred Thousand Dollars ($1,400,000) 1988 MICHIGAN
TRANSPORTATION FUND BONDS of the City and it is necessary to
provide a form of notice of sale of said bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The notice of sale of the bonds shall be in
substantially the following form:
24118
im OFFICIAL NOTICE OF SALE
$1, 400,000
City of Livonia
County of Wayne, State of Michigan
1988 Michigan Transportation Fund Bonds
SEALED BIDS for the purchase of the above bonds will be
received by the undersigned at the City Clerk' s Office in
the City Hall located at 33001 Civic Center Drive, Livonia,
Michigan 48154, on , the day of May, 1988, until
{ o'clock _.m. , Eastern Daylight Time, at which time and
place said bids will be publicly opened and read. Bids will
also be received simultaneously and publicly opened and read
at the Municipal Advisory Council, 1158 First National
Building, Detroit, Michigan 48226. The bids will be
awarded to the successful bidder no later than _.m. on
that date.
BOND DETAILS: Said bonds will be fully-registered bonds of
im the denomination of $5,000 each, or multiples thereof up to
the amount of a single maturity dated May 1, 1988, numbered
in order of authentication and will bear interest from their
date payable on July 1, 1988, and semiannually thereafter.
Said bonds will mature on the 1st day of July of each
year in the amounts, as follows:
Amount Years
$ 25 , 000 - 1988 to 1995, inclusive;
75,000 - 1996;
100,000 - 1997 and 1998;
200,000 - 1999 and 2000;
250,000 - 2001;
275,000 - 2002.
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. 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
Im than all of the bonds or at a price less than 971/2% of their
par value will be considered.
24119
PRIOR REDEMPTION Bonds of this issue maturing in the years
1988 to 1997, inclusive, are not subject to redemption prior
im to maturity. Bonds or portions of bonds in multiples of
$5,000, maturing in the years 1998 through 2002, inclusive,
shall be subject to redemption, at the option of the City,
in such order as the City shall determine and within any
maturity by lot, or any interest payment date on or after
January 1, 1998, at par and accrued interest to the date
fixed for redemption, plus a premium expressed as a
percentage of par as follows:
2% of the par value of each bond or portion
thereof called for redemption on or after January 1,
1998, but prior to January 1, 2000;
1% of the par value of each bond or portion
thereof called for redemption on or after January 1,
2000, but prior to maturity.
In case less than the full amount of an outstanding
bond is called for redemption, the transfer agent upon
presentation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner a
new bond of the same maturity and in the principal amount of
the portion of the original bond not called for redemption.
Notice of redemption shall be given by the transfer
im agent to the holders of any bond or portion thereof 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 shall accrue on bonds called for redemption after
the date fixed for redemption, whether such bonds are
presented for redemption or not, provided that the City has
money available for such redemption.
TRANSFER AGENT AND REGISTRATION: Principal and interest
shall be payable at the corporate trust office of Comerica
Bank-Detroit, Detroit, Michigan, or such other transfer
agent as the City may hereafter designate by notice mailed
to the registered owner not less than 60 days prior to
interest payment date. Interest shall be paid by check
mailed to the owner of record as shown by the registration
books of the City as of the fifteenth ( 15th) day of the
month preceding 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 are being issued pursuant
to the provisions of Act 175, Public Acts of Michigan, 1952,
as amended (the "Act" ) , for the purpose of defraying part of
the cost of constructing major and local street
24120
im
improvements in the City of Livonia (the "City" ) , and are
issued in anticipation of Michigan Transportation Fund (the
"Fund") payments from the State of Michigan to be received
by the City. The bonds, however, are not general
obligations of the State of Michigan. The bonds will pledge
the limited tax full faith and credit of the City as
additional security for payments of the principal and
interest thereon. If the payments from the Fund are
insufficient to pay the principal of and interest on the
bonds, then the Cityis obligated to make such
payments as a
first budget obligation from its general funds, including
any collections of ad valorem taxes it may be authorized to
levy, but the ability of the City to levy such taxes is
subject to constitutional, statutory and charter
limitations. The bonds are of equal standing and priority
of lien as to the Fund payments with certain outstanding
bonds issued pursuant to the Act The City has the right to
issue additional bonds payable from Fund payments within the
limitations prescribed by law. The rights or remedies of
bondholders may be affected by bankruptcy laws or other
creditors' rights legislation now existing or hereafter
enacted.
GOOD FAITH: A certified or cashier' s check in the amount
of $28,000, drawn upon an incorporated bank or trust company
and payable to the order of the Treasurer of the City must
ims 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
check 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
1, 1988 to their maturity and deducting therefrom
any premium and adding thereto any discount.
LEGAL OPINION: Bids shall be conditioned upon the
unqualified 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 unqualified opinion as to
Im the validity of the above bonds, Miller, Canfield, Paddock
and Stone have not been requested to examine or review and
have not examined or reviewed any financial documents,
24121
ims 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, Chicago,
Illinois or such place as may be 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 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 his proposal by serving notice of
cancellation, in writing, on the undersigned in which event
the City shall promptly return the good faith deposit.
Accrued interest to the date of delivery of the bonds shall
be paid by the purchaser at the time of delivery. Payment
for the bonds must be made in immediately available funds.
Unless the purchaser furnishes the transfer agent with a
list giving the denominations and names in which it wishes
to have the certificates issued at least 5 business days
prior to delivery 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.
TAX EXEMPTION: In the opinion of bond counsel, assuming
compliance with certain covenants, interest on the bonds is
excluded from gross income for federal income tax purposes,
as described in bond counsel' s opinion and the bonds and
interest thereon are exempt from all taxation in the State
of Michigan, except inheritance taxes and taxes on gains
realized from the sale, payment or other disposition
thereof.
QUALIFICATION: The City by resolution has designated the
bonds as "qualified tax exempt obligations" for purposes of
deduction of interest by financial institutions.
I, THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
1 ENVELOPES containing the bids should be plainly marked
"Proposal for Michigan Transportation Fund Bonds" .
Robert F. Nash
Clerk, City of Livonia, Michigan
24122
2. All resolutions and parts of resolutions insofar
im as they conflict with the provisions of this resolution be
and the same hereby are rescinded.
On a motion by Councilman Bishop, seconded by Councilwoman
im McCotter, and unanimously adopted, it was
11382-88 WHEREAS, special assessment Rolls as described below
(the "Rolls" ) for the construction of street improvements in
various special assessment districts similarly denominated
in the City have been prepared, reviewed and confirmed by
the City; and
WHEREAS, the City Council has determined that it will
be necessary to issue special assessment bonds, pledging for
their payment collections on the Rolls; and
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The estimated period of usefulness of said
improvements is not less than twenty (20) years.
24123
2. Special Assessment Bonds be issued in the amount
imof Two Million Ninety Thousand Dollars ($2,090,000) (the "SA
Bonds" ) in anticipation of the collection of an equal amount
of future due installments on the Rolls, together with
interest and investment income thereon as set forth below,
fthe amount of each Roll pledged for payment of the SA Bonds
to be as follows:
Roll Amount
276 $ 58,834
277 28,974
278 92,000
279 238,000
280 123,000
ire 281 81,000
282 130,000
283 183,000
285 154,317
286 88,330
287 19,949
288 196, 123
289 34,413
290 75,457
291 122,000
292 21, 511
293 151, 616
302 291, 476
L.
1
24124
In addition to the special assessments primarily
impledged as aforesaid, the full faith, credit and resources
of the City are pledged secondarily for the prompt payment
of the principal of and interest on the SA Bonds as the same
become due. If the pledged special assessments are not
collected in amounts sufficient to pay the principal of and
interest on the SA Bonds as the same become due, the City
will promptly advance from its general funds as a first
budget obligation sufficient moneys to pay said principal
and interest or, if necessary, levy taxes upon all taxable
property in the City therefor, subject to applicable
constitutional, statutory and charter tax rate limitations.
3 . The SA Bonds shall be designated 1988 SPECIAL
im ASSESSMENT LIMITED TAX BONDS, shall consist of bonds
registered as to principal and interest of the denomination
of $5,000 or multiples of $5,000 up to the amount of a
single maturity, numbered consecutively in order of
authentication from 1 upwards, dated as of May 1, 1988, and
shall be payable annually on February 1 of the years as
follows:
$140,000 1989;
175,000 1990 to 1998, inclusive;
75,000 1999 to 2003, inclusive.
4. The SA Bonds shall bear interest at rates
determined on sale thereof, not exceeding nine percent (9%)
per annum, payable on February 1, 1989, and semiannually
thereafter, by check drawn on the transfer agent mailed to
24125
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 the fifteenth ( 15th) 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 SA Bonds shall be payable at
Comerica Bank-Detroit, Detroit, Michigan, which is hereby
designated by the City Council as registrar and transfer
agent.
The SA Bonds shall be subject to redemption prior to
maturity, as set forth in Section 9 hereof.
! 5. The SA Bonds shall be executed in the name of the
City with the facsimile signatures of the Mayor, the City
Clerk and the City Treasurer and shall have the City' s seal
or a facsimile printed or affixed on them. No bond shall be
valid until authenticated by an authorized officer of the
transfer agent. The SA Bonds shall be delivered to the
transfer agent for authentication and be delivered by him to
the purchaser in accordance with instructions from the
Finance Director of the City upon payment of the purchase
price for the SA Bonds in accordance with the bid therefor
when accepted. Executed blank bonds for registration and
issuance to transferees shall simultaneously, and from time
to time thereafter as necessary, be delivered to the
L
transfer agent for safekeeping.
24126
6 Any bond may be transferred upon the books required
to be kept pursuant to this section by the person in whose
name it is registered, in person or by his duly authorized
attorney, upon surrender of the bond for cancellation,
accompanied by delivery of a duly executed written
instrument of transfer in a form approved by the transfer
agent. Whenever any bond or bonds shall be surrendered for
transfer, the City shall execute and the transfer agent
shall authenticate and deliver a new bond or bonds, for like
aggregate principal amount. The transfer agent shall
require the payment by the bondholder requesting the
transfer of any tax or other governmental charge required to
be paid with respect to the transfer.
ism7. The SA Bonds shall be in substantially the
following form:
24127
UNITED STATES OF AMERICA
1.0 STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1988 SPECIAL ASSESSMENT LIMITED TAX BOND
Rate: Date of Maturity: February 1,
Date of Original Issue: May 1, 1988 CUSIP:
Registered Owner:
Principal Amount: Dollars
The City of Livonia, County of Wayne, State of
Michigan, promises to pay the Principal Amount shown above
to the Registered Owner on the Date of Maturity specified
above, with interest thereon from the Date of Original
Issue, or such later date to which interest has been paid,
until paid at the Rate specified above, payable on
February 1, 1989, and semiannually thereafter. Principal of
the bonds is payable at the corporate trust office of
Comerica Bank-Detroit, Detroit, Michigan, or such other
transfer agent as the City may hereafter designate by notice
mailed to the registered owner not less than 60 days prior
to any interest payment date Interest is payable to the
registered owner of record as of the 15th day of the month
preceding the payment date as shown on the registration
books of the City maintained by the transfer agent by check
or draft mailed to the registered owner at the registered
address. For the prompt payment of this bond, both
principal and interest, the full faith, credit and resources
of the City are hereby irrevocably pledged.
This bond is one of a series of bonds of even date
aggregating the principal sum of $2,090,000 issued in
anticipation of the collection of special assessments in
various Special Assessment Districts in the City for the
purpose of paying part of the cost of street improvements in
said Districts, all in accordance with a duly adopted
resolution of the City.
Bonds maturing in the years 1989 to 1998, inclusive,
shall not be subject to prior redemption.
24128
Bonds or portions of bonds in multiples of $5,000 of
tr this issue maturing in the years 1999 through 2003 ,
inclusive, shall be subject to redemption, at the option of
the City, in such order as the City shall determine and
within any maturity by lot, on any interest payment date on
or after February 1, 1998, at par and accrued interest to
the date fixed for redemption, plus a premium, expressed as
a percentage of par as follows:
2% of the par value of each bond or portion
thereof called for redemption on or after
February 1, 1998, but prior to February 1,
2000;
1% of the par value of each bond or portion
thereof called for redemption on or after
February 1, 2000, but prior to maturity.
In case less than the full amount of an outstanding
bond is called for redemption, the Transfer Agent upon
presentation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner a
new bond in the principal amount of the portion of the
original bond not called for redemption.
Notice of redemption shall be given to the owners 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 shall accrue on bonds called for redemption after
the date fixed for redemption, whether such bonds are
presented for redemption or not, provided the City has money
available for such redemption.
This bond is transferable only upon the books of the
City kept for that purpose at the office of the transfer
1 agent by the registered owner hereof in person, or by his
attorney duly authorized in writing, upon the surrender of
this bond together with a written instrument of transfer
satisfactory to the transfer agent duly executed by the
registered owner or his attorney duly authorized in writing,
and thereupon a new registered bond or bonds in the same
aggregate principal amount and of the same maturity shall be
issued to the transferee in exchange therefor as provided in
the resolution authorizing the bonds of this series, and
upon the payment of the charges, if any, therein prescribed.
This bond is payable out of special assessments to be
collected on the lands situated in the aforesaid special
assessment districts. The liability of each special
Im assessment district is limited as set forth in the bond
authorizing resolution. In case of insufficiency of said
special assessment collections, this bond is payable as a
24129
first budget obligation out of the general funds of the
City, including the collection of any ad valorem taxes which
the City is authorized to levy, subject to applicable
constitutional, charter and statutory tax rate limitations.
It is hereby certified and recited that all acts,
conditions and things required by law precedent to and in
the issuance of this bond and the series of bonds of which
this is one have been done, exist and have happened in
regular and due time and form as required by law, and that
the total indebtedness of the City, including this bond and
the series of bonds of which this is one, does not exceed
any constitutional, charter or statutory debt 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 executed with the facsimile signatures of
its Mayor, its City Clerk and its Treasurer and its
corporate seal to be printed hereon, all as of the Date of
Original Issue.
CITY OF LIVONIA
By
Mayor
(SEAL)
Countersigned
City Clerk
Treasurer
C..
24130
[ FORM OF TRANSFER AGENT' S CERTIFICATE OF AUTHENTICATION]
Certificate of Authentication
kw
This bond is one of the bonds described in the within-
mentioned resolution.
COMERICA BANK-DETROIT, Detroit, Michigan
Transfer Agent
By
Authorized Representative
L
24131
8. The City Clerk shall fix the date of sale of
said SA Bonds and shall cause notice of sale of the bonds
to be published in an authorized newspaper at least seven
(7) full days before the date fixed for sale of the said
bonds.
9. The notice of sale shall be in substantially the
following form:
tor1
24132
OFFICIAL NOTICE OF SALE
CITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
$2,090,000 1988 SPECIAL ASSESSMENT
LIMITED TAX BONDS
SEALED BIDS for the purchase of the above bonds will be
received by the undersigned at the Clerk' s office in the
City Hall located at 33001 Civic Center Drive, Livonia,
Michigan 48154, on , the day of April, 1988,
until o'clock p.m. , Eastern Daylight Time, at which
time and place said bids will be publicly opened and read.
Bids will also be received simultaneously and publicly
opened and read at the Municipal Advisory Council of
Michigan, 1158 First National Building, Detroit, Michigan
48226. The City Council will meet at p.m. , Eastern
Daylight Time on that date to consider award of the bids.
BOND DETAILS: Bonds will be registered bonds of the
denomination of $5,000 or multiples thereof up to the amount
of a single maturity, each dated May 1, 1988, numbered in
to order of authentication from 1 upwards and will bear
interest from their date payable on February 1, 1989, and
semiannually thereafter.
The bonds will mature on the 1st day of February as
follows:
$140,000 1989;
175,000 1990 to 1998, inclusive.
75,000 1999 to 2003 , inclusive;
PRIOR REDEMPTION: Bonds of this issue maturing in the years
1989 to 1998, inclusive, are not subject to redemption prior
to maturity. Bonds or portions of bonds in multiples of
$5,000, maturing in the years 1999 through 2003, inclusive,
shall be subject to redemption, at the option of the City,
in such order as the City shall determine and within any
maturity by lot, on any interest payment date on or after
February 1, 1998, at par and accrued interest to the date
fixed for redemption, plus a premium expressed as a
' percentage of par as follows:
2% of the par value of each bond or portion
thereof called for redemption on or after February 1,
1998, but prior to February 1, 2000;
1% of the par value of each bond or portion
thereof called for redemption on or after February 1,
2000, but prior to maturity.
24133
In case less than the full amount of an outstanding
bond is called for redemption, the transfer agent upon
to presentation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner a
new bond of the same maturity and in the principal amount of
the portion of the original bond not called for redemption.
Notice of redemption shall be given by the transfer
agent to the holders of any bond or portion thereof 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 shall accrue on bonds called for redemption after
the date fixed for redemption, whether such bonds are
presented for redemption or not, provided that 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 each issue of the
bonds shall not exceed three percent (3%) per annum. No
proposal for the purchase of less than all of the bonds or
at a price less than 97-1/2% of their par value will be
considered.
TRANSFER AGENT AND REGISTRATION: Principal shall be
payable at the corporate trust office of Comerica
Bank-Detroit, Detroit, Michigan, or such other 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 by check
mailed to the owner as shown by the registration books of
the City as of the 15th day of the month preceding 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 are issued in anticipation
of the collection of future due installments of special
assessments for street improvements in certain special
assessment districts in the City The special assessments
and interest and investment income thereon shall be
sufficient to pay the principal of and interest on the bonds
when due. The liability of each special assessment district
is limited as set forth in the bond authorizing resolution.
The bonds will pledge the limited tax full faith and credit
of the City as additional security for payment of principal
and interest. Pursuant to such pledge, should special
assessment collections be insufficient, the City shall be
obligated to pay the principal of and interest on said bonds
24134
as a first budget obligation from its general funds,
including the collection of any ad valorem taxes which the
City is authorized to levy, but any such levy shall be
subject to applicable constitutional, charter and statutory
tax rate limitations
The rights or remedies of bondholders may be affected
by bankruptcy laws or other creditor s rights legislation
now existing or hereafter enacted.
GOOD FAITH: A certified or cashier s check in the amount of
$41,800 drawn upon an incorporated bank or trust company and
payable to the order of the Treasurer of the City, must
accompany each bid as 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
1, 1988, to their maturity and deducting therefrom any
im premium and adding thereto any discount.
LEGAL OPINION: Bids shall be conditioned upon the
unqualified approving opinion of Miller, Canfield, Paddock
and Stone, attorneys of Detroit, Michigan, copies of which
opinions will be printed on the reverse side of the bonds,
and the originals 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 unqualified approving
opinion as to validity of the above bonds, Miller, Canfield,
Paddock and Stone 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.
TAX EXEMPTION: In the opinion of bond counsel, assuming
compliance with certain covenants, interest on the bonds is
excluded from gross income for federal income tax purposes,
as described in bond counsel' s opinion and the bonds and
interest thereon are exempt from all taxation in the State
Low
of Michigan, except inheritance taxes and taxes on gains
r realized from the sale, payment or other disposition
24135
thereof. The bonds will be designated as "qualified tax
exempt obligations" for purposes of deduction of interest by
financial institutions
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, Chicago,
Illinois or at such place as may 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 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 his 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 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 each issue of the bonds issued at least 10
business days after sale of the bonds, each issue of the
to bonds may be delivered in the form of a single certificate
for each maturity registered in the name of the purchaser.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked
"Proposal for Special Assessment Bonds" .
Robert F. Nash
City Clerk
City of Livonia, Michigan
L
24136
10. There shall be established and maintained a fund
ime to be designated 1988 SPECIAL ASSESSMENT LIMITED TAX BOND
DEBT RETIREMENT FUND. Into said fund there shall be placed
the accrued interest and premium, if any, received at the
time of delivery thereof. In addition, there shall be
paid
into said fund the collections of principal and interest on
the Rolls in anticipation of the collection of which the SA
Bonds authorized by the provisions of this resolution are to
be issued. If at any time said fund is insufficient to pay
the principal of and interest on said SA Bonds as the same
become due, the City shall advance from its general funds as
a first budget obligation a sufficient amount of money to
pay such principal and interest and, if necessary, levy
to taxes on all taxable property in the City for such purpose,
subject to applicable constitutional, charter and statutory
tax rate limitations.
11. There shall be established and maintained a
separate fund, to be designated gnated 1988 BOND CONSTRUCTION FUND,
into which shall be placed the proceeds of sale of the
SA Bonds, except accrued interest, and
p premium, if any, and
from which fund there shall be paid the cost of the
improvements.
12. The City hereby covenants to comply with the
requirements of the Internal Revenue Code of 1986, as
amended.
13 . The City shall not invest, reinvest or accumulate
Lm any moneys deemed to be proceeds of the SA Bonds pursuant to
24137
§148 of the Internal Revenue Code of 1986 and the applicable
110 regulations thereunder, in such a manner as to cause the
bonds to be "arbitrage bonds" within the meaning of said
section and the applicable regulations thereunder.
14. The City hereby designates the SA Bonds as
"qualified tax exempt obligations" for purposes of deduction
of interest by financial institutions.
15. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be
and the same hereby are rescinded.
On a motion by Councilman Taylor, seconded by Councilman
Jurcisin, and unanimously adopted, it was
#383-88 RESOLVED, that having considered the report and recom-
mendation of the Director of Finance, dated April 6, 1988,
approved for submission by the Mayor, the Council does hereby
determine to reject all bids received for uninterruptible
power supply, the action herein being taken for the reasons
indicated in the aforesaid communication.
On a motion by Councilman Taylor, seconded by Councilwoman
Toy, and unanimously adopted, it was
#384-88 RESOLVED, that having considered a communication from
the City Clerk, dated April 6, 1988, which indicates that the
proprietor of Regency Circle Subdivision, situated in the
Southwest 1/4 of Section 31, has delivered final true plats to
the City Clerk and requested that said plat be presented to
Council for final approval; and the Council having received a
communication from the City Planning Commission dated March 29,
1988, wherein said Commission approves the final plat for the
said subdivision in its resolution 3-50-88, adopted on March
22, 1988; and the Council having considered a report from the
City Engineer dated March 22, 1988, recommending approval of
the final plat of said subdivision, the preliminary plat of
which was approved by the Council in its resolution 57-88
adopted on January 27, 1988, said preliminary plat having been
recommended for approval by the City Planning Commission on
October 27, 1987, in its resolution 10-251-87; NOW, THEREFORE,
the Council does hereby determine to grant its approval to the
irm final plat of Regency Circle Subdivision, located in the South-
west 1/4 of Section 31, City of Livonia, Wayne County, Michi-
24138
gan, as submitted by the proprietor thereof, which proprietor
is also hereby required to do all things necessary to obtain
tm full compliance with the Subdivision Control Act of Michigan of
1967, as amended, and the ordinances of the City of Livonia;
and further, the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this
resolution.
On a motion by Councilman Bishop, seconded by Councilman
Ochala, and unanimously adopted, it was
#385-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 30, 1988, which
transmits its resolution 3-57-88, adopted on March 22, 1988,
with regard to a Sign Permit Application submitted by Dominic
Soave for a monument sign to be erected on property located at
19221-19241 Newburgh Road, the Council does hereby concur in
the recommendation of the Planning Commission and approve the
said revised sign permit application, subject to compliance
with the same condition set forth in the aforesaid action of
the Planning Commission.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
to it was
#386-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 29, 1988, which
transmits its resolution 3-47-88 , adopted on March 22, 1988,
with regard to Petition 88-2-2-5, submitted by Charles Tangora
for Kaftan-Gottlieb, requesting waiver use approval to con-
struct a building for general office use on property located
on the Southeast corner of Seven Mile Road and Merriman Road
in the Northwest 1/4 of Section 11, which property is zoned
P.S. , the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 88-2-2-5 is
hereby approved and granted, such approval to be based upon
the following conditions:
( 1) that the Site Plan dated 1/25/88, as revised and sub-
mitted on 3/28/88, prepared by Fred J. Horner, Architect,
which is hereby approved shall be adhered to;
( 2) that the Landscape Plan, as revised, dated 2/8/88, pre-
pared by Ray' s Landscaping & Nursery, Inc. , which is
hereby approved shall be adhered to and the landscaping
installed prior to issuance of a Certificate of Occupancy
and thereafter permanently maintained in a healthy condi-
tion;
( 3 ) that the Building elevation Plan #88-8860-M, Sheet 2, pre-
pared by Fred J. Horner, Architect, which is hereby
approved shall be adhered to; and
24139
to (4) that this waiver use shall not include and hereby pro-
hibits "real estate" offices.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Taylor, Jurcisin, Toy, Bishop, Feenstra.
NAYS: McCotter, Ochala.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman
Jurcisin, it was
#387-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 10, 1988, which
transmits its resolution 3-41-88, adopted on March 8, 1988,
with regard to Petition 88-2-8-6, submitted by Capital Ven-
tures, requesting site plan approval in connection with a
proposal to construct three office buildings on the east side
of Middlebelt between Schoolcraft and Perth in Section 24,
pursuant to the provisions set forth in Section 18. 47 of
Ordinance No. 543 , as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition
88-2-8-6 is hereby approved and granted, such approval to be
based upon the same conditions as those set forth in the afore-
said recommendation of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Taylor, Ochala, Jurcisin, Bishop, Feenstra.
NAYS: Toy.
The President declared the resolution adopted.
On a motion by Councilman Jurcisin, seconded by Councilman
Bishop, and unanimously adopted, it was
#388-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 28, 1988, which
transmits its resolution 3-56-88 , adopted on March 22, 1988,
with regard to Petition 88-3-8-8, submitted by Livonia Chamber
of Commerce, requesting site plan approval in connection with
a proposal to construct an addition to an existing building
24140
located on the West side of Farmington Road, North of Five Mile
Road in Section 16, pursuant to the provisions set forth in
Section 18. 47 of Ordinance No. 543 , as amended, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 88-3-8-8 is hereby approved and
granted, such approval to be based upon the same conditions
as those set forth in the aforesaid recommendation of the
Planning Commission.
On a motion by Councilwoman McCotter, seconded by Councilwoman
Toy, and unanimously adopted, it was
#389-88 RESOLVED, that having considered a communication from
the Department of Law, dated March 24, 1988, approved by the
City Engineer and the Finance Director, and approved for sub-
mission by the Mayor, the Council does hereby authorize the
Department of Law to acquire Newburgh Road right-of-way located
in Section 31, owned by Arthur E. Williams, Sr. and Adeline E.
Williams, his wife, and Arthur E. Williams, Jr. and Connie V.
Williams, his wife, which land is more particularly described
as follows:
The East 27 feet of the following parcel of land:
im That part of the East one-half of the Southeast
one-quarter of Section 31, Town 1 South, Range 9 East,
described as: Beginning at the East one-quarter post of
said Section 31; running thence North 89 degrees 41
minutes West along East and West one-quarter line of said
Section 31, 33 feet to the place of beginning, which place
of beginning is on the west right-of-way line of existing
Newburgh Road, 66 feet wide; thence North 89 degrees 41
minutes West along East and West one-quarter line of said
Section 31, 1284. 5 feet to the Northeast corner of Golden
Ridge Subdivision No. 1, of West one-half of the Southeast
one-quarter of Section 31; thence South 0 degrees 10
minutes 29 seconds East along East line of said Golden
Ridge Subdivision No. 1, 222. 25 feet to a point; thence
East 1292. 11 feet to a point in East line of Newburgh
Road, 66 feet wide, thence North 2 degrees 12 minutes West
along said existing Newburgh Road, 66 feet wide, 215. 33
feet to the point of beginning, including any right,
title and interest in the abutting part of existing
Newburgh Road, 66 feet wide. (Newburgh Road right-of-way)
Tax Item No. 124-99-0001-000
subject to the following conditions:
tm 1. that the purchase price shall be in the sum of
$2,300. 00 .
24141
1m 2. that the City of Livonia shall pay for the cost of
title work in the sum of $125 . 00 ; and
3 . that the City' s portion of the prorated City, County,
County Drain, School and Community College taxes
shall be in a sum not to exceed $150. 00.
BE IT FURTHER RESOLVED, that a sum not to exceed $2,575 . 00 is
hereby appropriated and authorized to be expended from the 7.9
Million Dollar General Obligation Road Improvement Bond Issue
for the acquisition of the said right-of-way; and the City
Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
it was
#390-88 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated February 16, 1988, on all matters
required by Sections 3 . 08 . 060 and 3 . 08 . 140 of the Livonia Code
of Ordinances, as amended, and a first public hearing having
been held thereon on April 11, 1988, after due notice as re-
im quired by Section 3 . 08 . 070 of said Code, and careful considera-
tion having been given to all such matters, the Council does
hereby, pursuant to Section 3 . 08. 080 of said Code:
( 1) accept and approve said statement in all respects;
( 2 ) determine to make the improvement consisting of the
installation of 100-watt high pressure sodium lights on
davitt poles with underground wiring in Bobrich Circle
Subdivision, in the Southeast 1/4 of Section 11, City of
Livonia, Wayne County, Michigan, as described in said
statement; and to defray the cost of such improvement by
special assessment upon the property especially benefited
in proportion to the benefits derived or to be derived;
( 3 ) approve the plans and specifications for said improvement
as set forth in said statement dated February 16, 1988 ;
(4) determine that the cost of such improvement shall be paid
by special assessment upon the property especially bene-
fited;
( 5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
Im (6 ) designate the assessment district, describing the land and
premises upon which special assessments shall be levied
as follows:
24142
Bobrich Circle Subdivision, located in the
Ift Southeast 1/4 of Section 11, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan;
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council' s determination on
said statements as prepared by the City Engineer dated
February 16, 1988; and
( 8) that upon completion of said roll, the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3 . 08 . 100 of the Livonia Code of
Ordinances, as amended, and file the same with the City
Clerk, who thereupon is directed to present the same to
the City Council prior to the holding of the second public
hearing thereon pursuant to Title 3 , Chapter 8 of the
Livonia Code of Ordinances.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra.
NAYS: McCotter.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilwoman
McCotter, and unanimously adopted, it was
#391-88 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated February 16, 1988, on all matters
required by Sections 3 . 08 . 060 and 3 . 08.140 of the Livonia Code
of Ordinances, as amended, and a first public hearing having
been held thereon on April 11, 1988 , after due notice as re-
quired by Section 3 .08. 070 of said Code, and careful considera-
tion having been given to all such matters, the Council does
hereby, pursuant to Section 3 . 08.080 of said Code:
( 1) accept and approve said statement in all respects;
( 2) determine to make the improvement consisting of the
installation of 100-watt high pressure sodium lights on
colonial post tops with underground wiring in Martin Villa
Subdivision, in the Northeast 1/4 of Section 8, City of
Livonia, Wayne County, Michigan, as described in said
statement; and to defray the cost of such improvement by
Lim special assessment upon the property especially benefited
in proportion to the benefits derived or to be derived;
24143
( 3 ) approve the plans and specifications for said improvement
as set forth in said statement dated February 16, 1988;
( 4) determine that the cost of such improvement shall be paid
by special assessment upon the property especially bene-
fited;
( 5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
( 6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied
as follows:
Martin Villa Subdivision, located in the
Northeast 1/4 of Section 8, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan;
( 7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council' s determination on
said statements as prepared by the City Engineer dated
February 16 , 1988; and
( 8) that upon completion of said roll, the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3 . 08 . 100 of the Livonia Code of
Ordinances, as amended, and file the same with the City
Clerk, who thereupon is directed to present the same to
the City Council prior to the holding of the second public
hearing thereon pursuant to Title 3 , Chapter 8 of the
Livonia Code of Ordinances.
On a motion by Councilman Bishop, seconded by Councilman
Taylor, it was
#392-88 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Hy-Tek
Systems, Inc. , dated February 19, 1988, covering new indus-
trial facilities to be located within City of Livonia Indus-
trial Development District No. 48; 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
tm WHEREAS, the City Council has afforded Hy-Tek Systems, Inc. ,
the Assessor, and a representative of each of the affected
taxing units an opportunity for a hearing on this Application
24144
and said hearing having in fact been conducted at 7: 00 P.M. ,
Monday, April 11, 1988, 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, Hy-Tek Systems , Inc. , 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 Hy-Tek
Systems, Inc. covering new industrial facilities to be
located within the City of Livonia Industrial Development
District No. 48, for twelve ( 12) years.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Taylor, Bishop, Feenstra.
NAYS: Ochala, Jurcisin, Toy.
The President declared the resolution adopted.
On a motion by Councilman Ochala, seconded by Councilman
Jurcisin, and unanimously adopted, it was
#393-88 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82
so as to permit consideration of several items that do not
appear on the agenda.
On a motion by Councilwoman Toy, seconded by Councilman
Bishop, and unanimously adopted, it was
Im #394-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 12, 1988, which
transmits its resolution 1-4-88, adopted on January 12, 1988,
with regard to a Sign Permit Application, submitted by Dominic
24145
Soave for a master tenant wall sign on property located at
19221-19241 Newburgh Road, the Council does hereby concur in
the recommendation of the Planning Commission and grants and
approves the said sign permit application, subject to com-
pliance with the same condition as set forth in the aforesaid
recommendation of the Planning Commission.
On a motion by Councilman Taylor, seconded by Councilman
Jurcisin, and unanimously adopted, it was
#395-88 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated April 13 , 1988,
with respect to a request from the Southland Corporation for a
new SDD license to be held in conjunction with an existing
1987 SDM licensed business located at 27435 Seven Mile Road,
Livonia, Michigan 48150 , Wayne County, the Council does hereby
recommend that the Liquor Control Commission deny the said
request inasmuch as this application would be in violation of
and in noncompliance with the requirements prescribed by the
Livonia Zoning Ordinance 543 , as amended; and the City Clerk is
hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission.
imo On a motion by Councilman Jurcisin, seconded by Councilwoman
McCotter, it was
#396-88 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated April 14, 1988 ,
with respect to a request from the Southland Corporation for a
new SDD license to be held in conjunction with an existing
1987 SDM licensed business located at 15550 Middlebelt,
Livonia, Michigan 48154 , Wayne County, the Council does hereby
recommend that the Liquor Control Commission deny the said
request inasmuch as this application would be in violation of
and in noncompliance with the requirements prescribed by the
Livonia Zoning Ordinance 543 , as amended; and the City Clerk is
hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Taylor, Ochala, Jurcisin, Bishop, Feenstra.
NAYS: Toy.
The President declared the resolution adopted.
24146
loo On a motion by Councilman Jurcisin, seconded by Councilwoman
McCotter, it was
#397-88 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated April 14, 1988,
with respect to a request from the Southland Corporation for a
new SDD license to be held in conjunction with an existing
1987 SDM licensed business located at 31450 Plymouth,
Livonia, Michigan 48150 , Wayne County, the Council does hereby
recommend that the Liquor Control Commission deny the said
request inasmuch as this application would be in violation of
and in noncompliance with the requirements prescribed by the
Livonia Zoning Ordinance 543 , as amended; and the City Clerk is
hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: McCotter, Taylor, Ochala, Jurcisin, Bishop, Feenstra.
NAYS: Toy.
ii. The President declared the resolution adopted.
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, this 1, 127th Regular Meeting of the Council
of the City of Livonia was adjourned at 9: 40 P.M. , April 20, 1988.
411'4147/4"4"
Robert F. Nash, City Clerk