HomeMy WebLinkAboutCOUNCIL MINUTES 2015-04-2039334
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SEVENTY-FIFTH
REGULAR MEETING OF APRIL 20, 2015
On April 20, 2015 the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President
Brosnan at 7 00 p m Councilperson Scheel led the meeting in the Pledge
Roll was called with the following result: Lynda Scheel, Susan Nash,
Brandon Katzman, John Pastor, Brian Meakin, Laura Toy and Maureen Miller
Brosnan Absent: None
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Don Knapp,
City Attorney; Susan Hoff, City Clerk, Michael Slater, Director of Finance, and
Mayor Jack Kirksey
On a motion by Scheel, supported by Toy, and unanimously adopted, it was
#92-15 RESOLVED, that the Minutes of the 1,774th Regular Meeting
of the Council held April 1, 2015 are hereby approved
President Brosnan announced there will be one (1) Public Hearing being
held on Monday, May 11, 2015 at 7 00 p m in the Auditorium of the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan
Paul F Bohn, Fausone Bohn, LLP, on behalf of Livonia Lodge, Inc
requesting to establish a Commercial Rehabilitation District for
properties located at 27403 Schoolcraft Road and 27451 Schoolcraft Road,
Livonia, MI 48150, to help in the expansion and rehabilitation of this
property
President Brosnan announced there is new data on Items #13 and #15
A commendation was given to Denise King, from the Community
Opportunity Center, in honor of their 50th Anniversary They provide housing for
developmentally disabled people and other services Councilwoman Scheel read
the commendation
Rick Hart, from the Livonia Rotary Club, was also given a commendation
and Councilman Kritzman stated Mr Hart was not present due to the fact that the
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Regular Meeting Minutes of April 20, 2015
Rotary's big fundraiser was going on at the same time as tonight's meeting He
then read the commendation into the record, noting that April 27, 2015 is being
designated as "Livonia Rotary Day" for all they do in the community
Aimee Page, Quality and Training Manager of The Senior Alliance, gave
an update on the organization and the various activities they are involved in and
provided Council with a handout detailing same
Toy praised The Senior Alliance for their presence in the community and
thanked Ms Page for the information she provided to Council
Nash announced that there is a Hazardous Waste Drop Off Day at Ford
Field on Saturday, April 25, 2015 from 8 00 a m to 2 00 p m She indicated that
the City of Livonia's website provides a list of all accepted materials and urged
Livonia residents to take advantage of the opportunity
During Audience Communication, Rick Hart from the Livonia Rotary Club
had arrived and accepted the commendation and thanked Council for the honor
A communication from the Department of Finance dated March 13, 2015,
re forwarding various financial statements of the City of Livonia for the month
ending December 31, 2014, was received and placed on file for the information of
the Council
On a motion by Toy, supported by Kritzman, it was
#93-15 RESOLVED, that having considered an application from
Kathleen Fitzgerald, 9917 Cranston, dated March 11, 2015, requesting
permission to close Cranston Street between Elmira and Orangelawn, on
Monday, May 25, 2015 from 2 00 p m to 8 00 p m for the purpose of
conducting an annual Memorial Day block picnic, the Council does hereby
grant permission as requested, the action taken herein being made subject
to the approval of the Police Department.
A communication from Norm Ponkey, 18549 Levan Road, Livonia, MI
48152, dated March 30, 2015, regarding video speeder equipment, was received
and placed on file for the information of the Council
#94-15 RESOLVED, that having considered a communication from
the Chief of Police, dated March 19, 2015, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, to which
is attached a communication from Susan L. Hiltz, Public Affairs Director,
The Auto Club Group, dated January 26, 2015, wherein it is requested that
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Regular Meeting Minutes of April 20, 2015
the Council accept a $4,700 00 grant from the Auto Club Group (AAA) and
to approve an expenditure for the purchase of a "Shield 12 Radar Display
Unit" from a sole source, to be utilized to capture data that will enable a
response to citizen complaints about speeding at various locations, the
Council does, for and on behalf of the City of Livonia, accept the $4,700 00
grant from the Auto Club Group (AAA) to be deposited in and credited to
Special Trust Fund Account No 702-285-213 and authorizes the purchase
of one (1) Shield 12 Radar Display Unit for the Police Department, in the
amount of $4,700 00, from All Traffic Solutions, 3100 Research Drive, State
College, PA 16801, FURTHER, the Council does hereby authorize the said
action without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section
3 04 140 D 3 of the Livonia Code of Ordinances, as amended
#95-15 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 19, 2015, which bears
the signatures of the Director of Finance and the City Attorney, and is
approved for submission by the Mayor, the Council does hereby authorize
the purchase of six (6) marked patrol cars and eight (8) unmarked vehicles
utilizing State of Michigan and Oakland and Macomb County Consortium
bid pricing to be utilized by the Uniform Division, the Investigative Division,
and the Intelligence Bureau from budgeted funds as follows
Six (6) marked patrol vehicles in the total amount of $177,175 50, to be
expended from funds already budgeted for this purpose in the Uniform
Division Vehicle Account, #101-325-985-000, as follows
(2) 2015 Chevrolet Tahoe Police Packages from Berger Chevrolet,
2525 28th Street SE, Grand Rapids, MI 49512, in the amount of
$32,381 75 each for a total amount of $64,763 50, through the
Oakland County consortium,
(2) 2015 Dodge Charger Police Packages, from Bill Snethkamp, 6131
S Pennsylvania Avenue, Lansing, MI 48911, in the amount of
$26,277 00 each for a total amount of $52,554 00, through the
State of Michigan consortium,
(2) 2016 Ford Utility Police Interceptors from Signature Ford, 1960 E
Main Street, Owosso, MI 48867, in the amount of $29,929 00 each
for a total amount of $59,858 00, through the Macomb County
consortium,
Four (4) unmarked vehicles in the total amount of $112,669 00, to be
expended from funds already budgeted for this purpose in the
Investigative Division Vehicle Account, #101-307-985-000, as follows
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(1) 2015 Ford Sedan Police Interceptor from Signature Ford, 1960 E
Main Street, Owosso, MI 48867, in the amount of $27,718 00,
through the State of Michigan consortium,
(2) 2015 Dodge Charger Police Packages from Bill Snethkamp, 6131
S Pennsylvania Avenue, Lansing, MI 48911, in the amount of
$26,888 50 each for a total amount of $53,777 00, through the
State of Michigan consortium,
(1) 2016 Ford Utility Police Interceptor from Signature Ford, 1960 E
Main Street, Owosso, MI 48867, in the amount of $31,174 00,
through the Macomb County consortium,
Four (4) unmarked vehicles in the total amount of $115,495 00, to be
expended from funds already budgeted for this purpose in the Drug
Forfeiture Account, #265-333-985-000, as follows
(1) 2015 Ford Explorer XLT from Signature Ford, 1960 E Main Street,
Owosso, MI 48867, in the amount of $30,286 00, through the
Macomb County consortium,
(1) 2015 Chevrolet Traverse from Berger Chevrolet, 2525 28th Street
SE, Grand Rapids, MI 49512, in the amount of $29,607 00, through
the Oakland County consortium,
(1) 2015 Dodge Durango SXT from Bill Snethkamp, 6131 S
Pennsylvania Avenue, Lansing, MI 48911, in the amount of
$30,648 00, through the State of Michigan consortium,
(1) 2015 Dodge Grand Caravan SXT from Bill Snethkamp, 6131 S
Pennsylvania Avenue, Lansing, MI 48911, in the amount of
$24,954 00, through the State of Michigan consortium
FURTHER, the Council does hereby determine to authorize the said
purchases without competitive bidding inasmuch as the same is based upon
the low State of Michigan, Macomb County or Oakland County consortium
bids and/or such action is taken in accordance with the provisions set forth
in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended,
FURTHER, the Council does hereby determine that after receipt of the new
vehicles that each of the existing vehicles will be assessed to determine the
feasibility of re -assignment to other bureaus within the Police Department,
other City departments, or may be disposed of at public auction
Bill Craig, 20050 Milburn, Tree City Committee Chairman, stated that this is
their 17th year celebrating Arbor Day and spoke about the upcoming event on
Friday, April 24th, 2015 at 2 00 p m at Garfield Elementary
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Regular Meeting Minutes of April 20, 2015
#96-15 WHEREAS, in 1872, J Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the
planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is now
observed throughout the nation and the world, and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the
air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires, and countless other wood products, and
WHEREAS, trees in our City increase property values, enhance the
economic vitality of business areas, and beautify our community, and
WHEREAS, trees, wherever they are planted, are a source of boy and
spiritual renewal, and
WHEREAS, Livonia has been recognized as a Tree City USA by The
National Arbor Day Foundation for the last fourteen years and desires to
continue its tree -planting practices
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of
the City Council of the City of Livonia hereby proclaim Friday, April 24, 2015,
as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor
Day and to support efforts to protect our trees and woodlands, and
FURTHER, we urge all citizens to plant trees to promote the well-being of
this and future generations, and we invite citizens to loin in the
commemoration of Arbor Day planned by the Tree City Committee at
Garfield Elementary School at 2 00 p m on April 24, 2015
BE IT FURTHER RESOLVED that copies of this resolution be sent to
Governor Rick Snyder, State Senator Patrick Colbeck, State
Representative Julie Plawecki, State Representative Laura Cox, the
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne
#97-15 RESOLVED, that having considered the report and
recommendation of the Chairman of the Water and Sewer Board, dated
March 10, 2015, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, and which sets forth Water and
Sewer Board resolution WS #5022 03/15, wherein the Board concurs in the
recommendations made by the Superintendent of Public Service —
Environment and Utilities, dated March 2, 2015, to which is attached a
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communication from Paul M Patterson, V P — Municipal Operations,
HydroCorp, dated January 15, 2015, the Council does hereby approve a
five-year extension of the existing contract with Hydrocorp Services
(formerly Hydro Designs), 5700 Crooks Road, Suite 100, Troy, Michigan
48098, for the total cost of $318,600 00 ($63,720 00 annually), for providing
a "Cross Connection Control" program for the City of Livonia to protect the
public drinking water supply from contamination, FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
$318,600 00 (or $63,720 00 per year) from funds budgeted in Account No
592-559-818-000 (Water and Sewer Contractual Services) for this purpose,
FURTHER, the Mayor and City Clerk are hereby authorized, for and on
behalf of the City of Livonia, to execute an agreement with the aforesaid
company and to do all other things necessary or incidental to the full
performance of this resolution, FURTHER, that Hydro Corp is a sole source
bidder for a project of this magnitude, and such action is taken in
accordance with Section 3 04 140D3 of the Livonia Code of Ordinances, as
amended
#98-15 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated March 23, 2015,
which sets forth its resolution number WS# 5027 03/15, which bears the
signature of the Chairman of the Water and Sewer Board and the Director
of Finance and is approved for submission by the Mayor, the Council does
hereby accept the quotation of D'Angelo Brothers, Inc, PO Box 531330,
Livonia, MI 48153, to perform emergency sanitary sewer repair work on
Edgewood Road, in an amount not to exceed $241,311 20, FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$241,311 20 from Account No 592-158-000 (Construction in Progress) for
this purpose, FURTHER, the Council does hereby authorize such action
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140D 1 of the Livonia Code of Ordinances, as amended, 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 company and to do all
other things necessary or incidental to the full performance of this
resolution
#99-15 RESOLVED, that having considered a communication from
the Superintendent of Public Service -Environment & Utilities and the
Director of Public Works, dated March 12, 2015, which bears the signature
of the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of lighting fixtures for a lighting
upgrade in the DPW Fleet Maintenance Building, from City Electric Supply,
46283 Grand River, Novi, Michigan 48375, in the total amount OF
$27,009 45, the same having been in fact the lowest bid received and meets
all specifications, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $27,009 45 from funds already
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budgeted in Account No 401-000-971-000 (Capital Outlay Fund) for this
purpose and the Director of Public Service is authorized to approve minor
changes as they become necessary
#100-15 RESOLVED, that having considered the report and
recommendation of the Chairman of the Water and Sewer Board, dated
March 19, 2015, which sets forth Water and Sewer Board resolution WS
#5025 03/15, wherein the Board concurs in the recommendations made by
the Superintendent of Public Service — Environment & Utilities, dated March
19, 2015, and that having considered a communication from the
Superintendent of Public Service -Environment & Utilities and the Director
of Public Works, dated March 19, 2015, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of one (1) 2015 Case 580SN
2WD Backhoe/Loader utilizing the National Joint Powers Alliance (NJPA)
purchasing contract which was awarded to Southeastern Equipment Co ,
Inc, 48545 Grand River Avenue, Novi, MI 48374 (NJPA Member No
40280), in the amount of $88,794 00, to replace a current vehicle from
budgeted funds, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $88,794 00 from funds already
budgeted in Account No 592-559-142-000 (Water and Sewer Capital
Outlay Fund) for this purpose, FURTHER, the Council does hereby
determine to authorize this purchase without competitive bidding inasmuch
as the same is based upon the low National Joint Powers Alliance (NJPA)
bid price (NJPA Member No 40280), and such action is taken in
accordance with the provisions set forth in Section 3 04 140 D 4 of the
Livonia Code of Ordinances, as amended
#101-15 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated March 10, 2015,
which sets forth its resolution number WS# 5024 03/15, which bears the
signature of the Chairman of the Water and Sewer Board and the Director
of Finance and is approved for submission by the Mayor, to which is
attached a communication from the Superintendent of Public Service -
Environment & Utilities, dated March 2, 2010, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the city of Livonia,
to execute a five (5) year contract between the City of Livonia and Duke's
Root Control, Inc, 1020 Hiawatha Blvd West Syracuse, New York 13204,
for sewer line chemical root control services, in an amount not to exceed
$30,000 00 annually, said amount being the only qualifying bid received,
FURTHER, the Council does hereby authorize an expenditure in an amount
not to exceed $30,000 00 annually from funds budgeted in the Water and
Sewer Fund (Account No 592-559-818-000) for this purpose
#102-15 RESOLVED, that having considered a communication from
the City Engineer, dated March 23, 2015, which bears the signature of the
Director of Finance, is approved by the Director of Public Works, and
approved for submission by the Mayor, the Council does hereby authorize
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and accept the unit price bid of Joe Rotondo Construction Corp , 38807 Ann
Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work
required in connection with the 2015 Sidewalk Repair Program (Contract
15-G) by extending their Contract 14-G unit prices for Contract 15-G, with
the exception of revised unit prices for concrete sidewalk of various
thickness of 4, 6 and 8 -inches, along with 7 -inch road pavement and 6 -inch
sidewalk with ADA ramp consisting of a 4' x 2' or 5' x 2' insert and agreed
upon inspector days of 50 based upon the engineering division's estimate
of units involved and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, for a total
amount not to exceed $727,199 00, which includes a 10% administrative
fee ($66,109 00), the contract amount of $651,090 00, and the saw cutting
portion of the project ($10,000 00), which will be handled by and paid to
Precision Concrete, Inc , as set forth below; FURTHER, such action is taken
without competitive bidding for the reasons that A) concrete material prices
are rising rapidly and this bid largely protects the City from such increases,
B) information from other communities' bidding procedures indicates that
these prices are favorable for the City, and C) the Rotondo firm won the
City's competitive bids in 2006-2011 and again in 2013-2014, such that
there are ample reasons to waive competitive bidding under Code of
Ordinances Section 4 04 140D2a, FURTHER, the Council does hereby
authorize a payment in an amount not to exceed $10,000 00 to Precision
Concrete Inc , 1896 Goldeneye Drive, Holland, Michigan 49424 for the saw
cutting portion of the contract and does hereby authorize an expenditure in
an amount not to exceed $10,000 00 from funds already budgeted in
Account No 202-463-818-118 for this purpose, FURTHER, the Council
does hereby authorize an advance in the amount of $202,375 07 (single lot
assessments portion of the program) from the Road, Sidewalk and Tree
Fund with the provision that this fund be reimbursed from that portion of the
project which is to be financed by special assessment at such time as funds
are subsequently received from the payment of bills and assessments by
affected property owners, FURTHER, the Council does hereby authorize an
expenditure in the amount of $15,000 00 from funds budgeted in Account
No 202-451-977-010 (Major Road — Dist. Sidewalk Cost) and $85,000 00
from funds budgeted in Account No 203-451-977-010 (Local Road- Dist.
Sidewalk Cost) to cover the costs related to the construction or
reconstruction of handicap ramps at major and local roads, FURTHER, the
Council does hereby authorize an expenditure of $39,823 93 from the
Unexpended Fund Balance of the Water and Sewer Fund for sidewalk work
adjacent to and including water, storm and sanitary structure repairs,
FURTHER, the Council does hereby authorize an expenditure of
$335,000 00 from funds budgeted in the Road, Sidewalk and Tree Fund
(Account No 204-441-977-010 Dist. Sidewalk Cost) to repair sidewalks
heaved by tree roots, FURTHER, the Council does hereby authorize an
appropriation and expenditure of $50,000 00 from Account No 202-463-
818-118 to repair additional sidewalks heaved by tree roots, and the City
Engineer is hereby authorized to approve minor adjustments in the work as
it becomes necessary; and the Mayor and City Clerk are hereby authorized
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Regular Meeting Minutes of April 20, 2015
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 resolutions with the following result:
AYES Scheel, Nash, Kritzman, Pastor, Meakin, Toy and Brosnan
NAYES None
A communication from the Department of Law, dated March 31, 2015, re
proposed ordinance language, was received and placed on file for the information
of the Council
was
On a motion by Meakin, supported by Toy, and unanimously adopted, it
#103-15 RESOLVED, that having received a series of e-mail
communications from Patrick Mies, beginning September 30, 2014,
regarding "Ready Clean", a drink that produces a "False Negative" when
testing for drug use, the Council does hereby refer this subject to the Save
Our Youth Task Force
On a motion by Meakin, supported by Toy, and unanimously adopted, it
#104-15 WHEREAS, some local retailers are selling products
marketed under the names such as, but not limited to, Ready Clean, Instant
Clean, Ultra Clean shampoo, Ultra Wash mouthwash, and Ever Clean, and
WHEREAS, these products are used to assist users of illicit narcotics to
show false negatives on blood, saliva, urine, and hair tests, and
WHEREAS, drug tests are widely used by Court probation departments to
ensure that probationers are not using narcotics, and
WHEREAS, drug tests are also used by parents who wish to verify that their
sons and daughters are not engaging in risky behavior that could lead to a
variety of serious consequences, and
WHEREAS, drug tests are also used by employers to make sure their
employees are not creating an unsafe work environment; and
Regular Meeting Minutes of April 20, 2015
was
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WHEREAS, there is therefore an immediate and pressing need to halt the
sale of these products not only in the City of Livonia, but throughout the
State of Michigan,
NOW, THEREFORE, the Council does hereby request and urge State
Legislature to undertake efforts to ban the sale of any products marketed
as a means of achieving a negative result on a drug test in the State of
Michigan
FURTHER, the Council hereby request that copies of this Resolution be
sent to Governor Rick Snyder, State Senator Patrick Colbeck, State
Representative Julie Plawecki, State Representative Laura Cox, the
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne
On a motion by Meakin, supported by Toy, and unanimously adopted, it
#105-15 WHEREAS, some local retailers are selling products
marketed under the names such as, but not limited to, Ready Clean, Instant
Clean, Ultra Clean shampoo, Ultra Wash mouthwash, and Ever Clean, and
WHEREAS, these products are used to assist users of illicit narcotics to
show false negatives on blood, saliva, urine, and hair tests, and
WHEREAS, drug tests are widely used by Court probation departments to
ensure that probationers are not using narcotics, and
WHEREAS, drug tests are also used by parents who wish to verify that their
sons and daughters are not engaging in risky behavior that could lead to a
variety of serious consequences, and
WHEREAS, drug tests are also used by employers to make sure their
employees are not creating an unsafe work environment; and
WHEREAS, there is therefore an immediate and pressing need to halt the
sale of these products not only in the City of Livonia, but throughout the
State of Michigan,
NOW, THEREFORE, the Council does hereby request and urge Michigan
Food and Beverage Association to undertake efforts to stop the sale and
marketing of any products marketed as a means of achieving a negative
result on a drug test in the State of Michigan
Scheel gave FIRST READING to the following Ordinance
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AN ORDINANCE AMENDING SECTIONS 050 AND 065
TO TITLE 9, CHAPTER 30 (NARCOTIC AND
DANGEROUS SUBSTANCES) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
On a motion by Toy, supported by Nash, and unanimously adopted, it was
#106-15 RESOLVED, that having considered a communication from
the City Engineer, dated March 18, 2015, is approved for submission by the
Mayor, and a communication from William Funderburk, dated March 10,
2015, enclosing a petition signed by residents of the Sherwood Forest
Estates Subdivision to convert the existing street lights to new LED street
lights and wherein the City Engineer has ascertained the assessed
valuation of all property affected by the proposed LED street light
conversion in the Sherwood Forest Estates Subdivision, located North of
Six Mile Road and East of Wayne Road, in the Southwest'/4 of Section 9,
City of Livonia, Wayne County, Michigan, 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 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 18, 2015, and that there
has been a full compliance 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 11, 2015 at 7 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 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
Vice President Meakin stepped down from the podium at 7 23 p m to avoid any
perceived conflict of interest.
A communication from the Water Department, dated March 31, 2015, re
One Under Bar & Grill statement of account, was received and placed on file for
the information of the Council
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A communication from the Department of Finance, dated April 1, 2015, re
One Under Bar & Grill, was received and placed on file for the information of the
Council
A communication from Police Chief Caid, dated April 8, 2015, re request
to waive City's Noise Ordinance for One Under Bar & Grill, was received and
placed on file for the information of the Council
A communication from the Department of Finance, dated April 20, 2015, re
Updated Account Information for One Under Bar & Grill, was received and placed
on file for the information of the Council
A communication from the Water Department, dated April 13, 2015, re
NSF check from One Under Bar & Grill, was received and placed on file for the
information of the Council
Toy questioned the Petitioner on what steps he has in place to address the
complaints of noise from residents who live in the area that occurred at his previous
Cinco De Mayo events
Nash expressed concern with the directional placement of the band and the
sound carrying over the golf course
Michael Slater, Director of Finance, addressed Council and stated that his
department had received a cashier's check covering the outstanding fees
On a motion by Pastor, supported by Scheel, it was
#107-15 RESOLVED, that having considered a communication from
Brian Tominna, One Under Craft Beer and Eats, received by the Office of
the City Council on March 26, 2015, which requests permission to waive
Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, in
connection with their Fourth Annual Cinco De Mayo Festival on Saturday,
May 2, 2015, from 6 00 p m until 1 00 a m , to be held at One Under Craft
Beer and Eats, 35780 Five Mile Road, Livonia, Michigan 48154, the Council
does hereby grant and approve this request with the understanding that
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there shall be no music after 12 30 a m and all festivities shut down by 1 00
a m , FURTHER, that One Under Craft Beer and Eats shall 1) fully repair
and restore any damage to any parking lot to the satisfaction of the
Engineering Division and Inspection Department and 2) provide valet
parking services for attendees of this event.
A roll call vote was taken with the following result:
AYES Scheel, Nash, Kritzman, Pastor, Toy and Brosnan
NAYS None
The President declared the resolution adopted
Vice President Meakin returned to the podium at 7 31 p m
Kritzman stepped down from the podium at 7 32 p m to avoid any perceived
conflict of interest.
On a motion by Pastor, supported by Toy, it was
#108-15 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 13, 2015, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, the Council does
hereby accept the bid of Nagle Paving Company, 36780 Amrhein, Livonia,
Michigan 48150, for performing all work required in connection with the
2015 Asphalt Paving Replacement Program (Contract 15-A) on various
asphalt streets throughout the City of Livonia, for the estimated total cost of
$1,373,431 35, based on the removal of the street segment Riverside (Five
Mile to Lyndon) in the amount of $279,600 90, and the actual inspector days
being prorated from 140 to 120 based on the revised contract amount, and
the Engineering Division's estimate of units of work involved and subject to
the final payment based on the actual units of work completed in
accordance with the unit prices accepted herein, said estimated cost and
unit prices having been in fact the lowest bid received and meets all
specifications, and the Council does hereby authorize an expenditure in an
amount not to exceed $1,373,431 35 from funds already budgeted in the
Road, Sidewalks and Tree Fund in the following accounts
Account No 204-463-818-110 (Reconstruction) $606,443 12
Account No 204-463-818-112 (Rehabilitation) $738,775 69
- Account No 204-463-818-114 (Maintenance) $28,212 54
FURTHER, the Council does hereby authorize an additional appropriation
and expenditure in an amount not to exceed $338,432 00 from the
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Unexpended Fund Balance of the Roads, Sidewalks and Tree Fund (204)
for this purpose, and the City Engineer is hereby authorized to approve any
minor adjustments in the work as required, 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 with the following result:
AYES Scheel, Nash, Pastor, Meakin, Toy and Brosnan
NAYS None
The President declared the resolution adopted
Katzman returned to the podium at 7 33 p m
A communication from the Department of Law, dated April 6, 2015, re
submitting proposed Ordinance language, was received and placed on file for the
information of the Council
Toy gave FIRST READING to the following Ordinance
it was
AN ORDINANCE AMENDING SECTION 25 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 2015-01-01-01)
On a motion by Meakin, supported by Scheel, and unanimously adopted,
#109-15 WHEREAS, pursuant to Act No 210 of the Public Acts of
2005, as amended, this Council has the authority to establish commercial
rehabilitation districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made by SREP Haggerty Road LLC regarding
the establishment of a commercial rehabilitation district encompassing land
situated in the City of Livonia and comprised of an area of approximately
7 11 acres and 3 75 acres lying in Southwest '/4 of Section 6, as more
particularly described in Exhibit A, attached hereto and incorporated by
reference herein, which area is hereinafter referred to as "City of Livonia
Commercial Rehabilitation District No 2", and
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Regular Meeting Minutes of April 20 2015
WHEREAS, written notice has been given by certified mail to Frank Jonna,
Principal, SREP Haggerty Road LLC of the Council's pending action on this
resolution and of said petitioner's right to a hearing on the establishment of
proposed City of Livonia Commercial Rehabilitation District No 2, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of the
proposed City of Livonia Commercial Rehabilitation District No 2, and
WHEREAS, on March 30, 2015 a public hearing was held on the
establishment of proposed City of Livonia Commercial Rehabilitation
District No 2, at which time Frank Jonna, Principal, SREP Haggerty Road
LLC and other taxpayers and residents of the City of Livonia had an
opportunity to be heard (a copy of the statements both written and oral
made at such hearing being on file with this City Council), and a
representative of SREP Haggerty Road LLC, attended said hearing and
acknowledged receipt of notice of such hearing on behalf of the said
corporation, and
WHEREAS, the aggregate SEV of real and personal property exempt from
ad valorem taxes within the City of Livonia after granting the establishment
of proposed City of Livonia Commercial Rehabilitation District No 2 will not
exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 A Commercial Rehabilitation District is hereby established, such district
to consist of the area described in Exhibit A, attached hereto
2 Such Commercial Rehabilitation District is hereby designated as the
"City of Livonia Commercial Rehabilitation District No 2 "
EXHIBIT A
06K2B PT OF SEC 6 T1 S R9E WCR BEG AT A PT DIS N 89D 21 M 58S E 60 0
FT AND S OOD OOM 44S W 43 06 FT FROM THE W 1/4 COR SEC 6 TH N 89D
21 M 58S E 619 98 FT TH S OOD 03M 49S E 500 0 FT TH S 89D 21 M 58S W 620 0
FT TH N OOD OOM 44S E 500 16 FT AS MEAS ALONG THE E LINE OF
HAGGERTY 120 0 FT TO POB 7 11 AC
/_1041
06K2A PT OF THE SW 1/4 SEC 6 T1S R9E INCLUDING A PT OF VAC PHILLIPS
RD 43 0 FT WIDE MORE PART DESC AS BEG AT A PT DIS N 89D 21M 58S E
60 0 FT FROM THE W 1/4 COR SEC 6 SAID PT BEING THE INTERSECTION
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Regular Meeting Minutes of April 20, 2015
OF E LINE HAGGERTY RD 120 0 FT WIDE AND THE N LINE VAC PHILLIPS RD
SAID PT BEING ALSO PT ON E & W 1/4 LINE OF SAID SEC 6 TH N 89D 21M
58S E 871 34 FT TH S OOD 03M 49S W 543 06 FT TH S 89D 21 M 58S W 251 41
FT TH N OOD 03M 49S W 500 0 FT TO PT ON S LINE VAC PHILLIPS RD TH S
89D 21 M 58S W 619 98 FT TH N OOD OOM 44S E 43 06 FT TO POB 3 75 AC
3 It is hereby determined that the subject property meets the statutory
requirement of functional obsolescence
4 The City Assessor has submitted a statement showing the SEV of the
property, which indicates that the 2015 SEV of the property is
19700 Haggerty $933,92000
19750 Haggerty $590,42000
5 That the City Council, on the basis of the information received from the
applicant, Frank Jonna, Principal, SREP Haggerty Road LLC finds and
determines that the granting of this Commercial Rehabilitation District
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
Frank Jonna, from SREP, LLC, 39533 North Woodward, Bloomfield Hills,
Michigan, thanked Council for their help in moving this project ahead
Vice President Meakin indicated he is looking forward to seeing the finished
product.
it was
On a motion by Kritzman, supported by Scheel, and unanimously adopted,
#110-15 RESOLVED, that having considered a communication from
the Department of Law, dated March 13, 2015, approved for submission by
the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Theron J Berg, Real Estate Manager, on behalf of Menards,
Inc for a 20' wide public utility easement in connection with the
development of a sanitary sewer extension project constructed along
Middlebelt Road, south of Industrial Road in the Northeast'/4 of Section 26,
more particularly described as
20 -foot Wide Sanitary Sewer Easement
A twenty (20) foot wide easement for sanitary sewer, part of the Northeast
'/4 of Section 26, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, is described as Commencing at the Northeast corner of
said Section 26, thence S 02°00'00"E, 2201 41 feet along the Easterly line
U -61910A
Regular Meeting Minutes of April 20, 2015
of said Section 26, thence S 87°52'23"W, 137 00 feet to the Westerly right
it was
was
of way line of Middlebelt Road for the place of beginning of this description,
thence S 87°52'23"W, 20 00 feet; thence N 02°00'00"W, 265 39 feet; thence
N 87052'20"E, 20 00 feet, thence S 02°00'00"E, 265 39 feet to the point of
beginning and containing 5,308 square feet, more or less
The Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid grant of easement and the City Clerk is hereby requested to have
the same recorded in the office of the Register of Deeds and to do all other
things necessary or incidental to fulfill the purpose of this resolution
On a motion by Scheel, supported by Kritzman, and unanimously adopted,
#111-15 RESOLVED, that having considered a communication from
the Department of Law, dated March 13, 2015, approved for submission by
the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Michael Garrett, Manager, on behalf of Pinnacle Ventures,
L.L.0 for a 20' wide public utility easement in connection with the
development of a sanitary sewer extension project constructed along
Middlebelt Road, south of Industrial Road in the Northeast'/4 of Section 26,
more particularly described as
20 -foot Wide Sanitary Sewer Easement
A twenty (20) foot wide easement for sanitary sewer, part of the Northeast
'/4 of Section 26, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, is described as Commencing at the Northeast corner of
said Section 26, thence S 02°00'00"E, 2201 41 feet along the Easterly line
of said Section 26, thence S 8752'23"W, 137 00 feet to the Westerly right
of way line of Middlebelt Road for the place of beginning of this description,
thence S 02000'00"E, 34 21 feet; thence S 88°00'00"W, 20 00 feet; thence
N 02000'00"W, 34 17 feet; thence N 87°52'23"E, 20 00 feet to the point of
beginning and containing 684 square feet, more or less
The Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid grant of easement and the City Clerk is hereby requested to have
the same recorded in the office of the Register of Deeds and to do all other
things necessary or incidental to fulfill the purpose of this resolution
On a motion by Meakin, supported by Nash, and unanimously adopted, it
#112-15 RESOLVED, that having considered a communication from
the Department of Law, dated March 13, 2015, approved for submission by
the Mayor, transmitting for Council acceptance a Grant of Easement
Regular Meeting Minutes of April 20, 2015
was
39351
executed by Mike Kinaia, Member, on behalf of INDY-C-KAL, INC for a 20'
wide public utility easement in connection with the development of a
sanitary sewer extension project constructed along Middlebelt Road, south
of Industrial Road in the Northeast % of Section 26, more particularly
described as
20 -foot Wide Sanitary Sewer Easement
A twenty (20) foot wide easement for sanitary sewer, part of the Northeast
Y4 of Section 26, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, is described as Commencing at the Northeast corner of
said Section 26, thence S 02°00'00"E, 1781 60 feet along the Easterly line
of said Section 26, thence S 87052'20"W, 60 00 feet to the Westerly right of
way line of Middlebelt Road, thence continuing S 87°52'20"W, 50 96 feet;
thence N 02°00'00"W, 4 05 feet for the place of beginning of this description,
thence S 5516'10"W, 27 25 feet; thence S 00°36'57"E, 129 19 feet; thence
S 02000'00" E, 14 64 feet; thence S 87°52'20"W, 20 00 feet; thence N
02000'00"W 14 93 feet, thence N 00036'57"W, 140 04 feet; thence N
55°16'10"E, 50 71 feet, thence S O2000'00"E, 23 77 feet to the point of
beginning and containing 3,768 square feet, more or less
The Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid grant of easement and the City Clerk is hereby requested to have
the same recorded in the office of the Register of Deeds and to do all other
things necessary or incidental to fulfill the purpose of this resolution
On a motion by Scheel, supported by Nash, and unanimously adopted, it
#113-15 RESOLVED, that having considered a communication from
the Department of Law, dated March 13, 2015, approved for submission by
the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Theron J Berg, Real Estate Manager, on behalf of Menards,
Inc for a 20' wide public utility easement in connection with the
development of a sanitary sewer extension project constructed along
Middlebelt Road, south of Industrial Road in the Northeast % of Section 26,
more particularly described as
20 -foot Wide Sanitary Sewer Easement
A twenty (20) foot wide easement for sanitary sewer, part of the Northeast
Y4 of Section 26, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, is described as Commencing at the Northeast corner of
said Section 26, thence S 0200'00"E, 1320 17 feet along the Easterly line
of said Section 26, thence S 87052'20"W, 60 00 feet to the Westerly right of
way line of Middlebelt Road, thence S 02°00'00"E, 361 18 feet; thence
continuing S 02°00'00"E, 58 86 feet for the place of beginning of this
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Regular Meeting Minutes of April 20, 2015
description, thence continuing S 02°00'00"E, 20 08 feet; thence N
86°44'41"W, 21 04 feet; thence S 55°16'10"W, 35 68 feet; thence N
0200'00"W, 23 77 feet; thence N 55°16'10"E, 29 70 feet; thence S
86044'41 "E, 26 08 feet to the point of beginning and containing 1,125
square feet, more or less
The Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid grant of easement and the City Clerk is hereby requested to have
the same recorded in the office of the Register of Deeds and to do all other
things necessary or incidental to fulfill the purpose of this resolution
Mike Slater, Director of Finance, was present at the meeting and gave a brief
summary of the process
On questioning by Meakin, Todd Zilincik explained where the proceeds would be
utilized on the project.
Vice -President Meakin gave a reading to the following Ordinance
AN ORDINANCE TO PROVIDE FOR THE ACQUISITION AND
CONSTRUCTION OF ADDITIONS, EXTENSIONS AND
IMPROVEMENTS TO THE WATER SUPPLY AND WASTEWATER
SYSTEM OF THE CITY OF LIVONIA, TO PROVIDE FOR THE
ISSUANCE AND SALE OF REVENUE BONDS TO PAY THE COST
THEREOF, TO PRESCRIBE THE FORM OF THE BONDS, TO
PROVIDE FOR THE COLLECTION OF REVENUES FROM THE
SYSTEM SUFFICIENT FOR THE PURPOSE OF PAYING THE
COSTS OF OPERATION AND MAINTENANCE OF THE SYSTEM
AND TO PAY THE PRINCIPAL OF AND INTEREST ON THE
BONDS, TO PROVIDE FOR SECURITY FOR THE BONDS, TO
PROVIDE FOR THE SEGREGATION AND DISTRIBUTION OF THE
REVENUES, TO PROVIDE FOR THE RIGHTS OF THE HOLDERS
OF THE BONDS IN ENFORCEMENT THEREOF, AND TO
PROVIDE FOR OTHER MATTERS RELATING TO THE BONDS
AND THE SYSTEM (CR# 337-14 & 36-15)
THE CITY OF LIVONIA ORDAINS
Section 1 Definitions Whenever used in this Ordinance, except when
otherwise indicated by the context, the following terms shall have the
following meanings
(a) "Act 94" means Act 94, Public Acts of Michigan, 1933, as amended
(b) "Adjusted Net Revenues" means for any operating year the excess
of revenues over expenses for the System determined in accordance with
generally accepted accounting principles, to which shall be added
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Regular Meeting Minutes of April 20, 2015
depreciation, amortization, interest expense on Bonds and payments to the
Issuer in lieu of taxes, to which may be made the following adjustments.
(i) Revenues may be augmented by the amount of any rate increases
adopted prior to the issuance of additional Bonds or to be placed into effect
before the time principal or interest on the additional Bonds becomes
payable from Revenues as applied to quantities of service furnished during
the operating year or portion thereof that the increased rates were not in
effect.
(ii) Revenues may be augmented by amounts which may be derived
from rates and charges to be paid by new customers of the System
The adjustment of revenues and expenses by the factors set forth in (i) and
(ii) above shall be reported upon by professional engineers or certified
public accountants or other experts not in the regular employment of the
Issuer
(c) "Authority" means the Michigan Finance Authority
(d) "Authorized Officers" means the Mayor, City Clerk, City Treasurer
and the Director of Finance of the Issuer
(e) "Bonds" means the Series 2015 Bonds, together with the
Outstanding Bonds and any additional bonds hereafter issued of
equal standing with the Series 2015 Bonds
(f) "Engineers" means Orchard, Hiltz & McCliment, Inc, consulting
engineers of Plymouth, Michigan
(g) "Issuer" means the City of Livonia, County of Wayne, State of
Michigan
(h) "MDEQ" means the Michigan Department of Environmental Quality,
or its successor agency
(i) "Outstanding Bonds" means the Series 2005 Bonds, the Series 2006
Bonds, the Series 2013 Bonds and the Series 2014 Bonds
"Prior Ordinances" means Ordinances No 2719, 2945 and 2963,
authorizing the issuance of the Outstanding Bonds
(k) "Project" means the acquisition, construction, furnishing and
equipping of additions, extensions and improvements to the City's
Water Supply and Wastewater System, together with all necessary
interests in land, rights of way and all appurtenances and
attachments therefor, as described in the plans prepared by the
Engineers and approved herein
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Regular Meeting Minutes of April 20, 2015
(1) "Purchase Contract" means the Purchase Contract to be entered into
between the Authority and the Issuer relating to the purchase by the
Authority of the Series 2015 Bonds
(m) "Revenues" and "Net Revenues" means the revenues and net
revenues of the System and shall be construed as defined in Section
3 of Act 94, including with respect to "Revenues", the earnings
derived from the investment of moneys in the various funds and
accounts established by the Prior Ordinances and this Ordinance
(n) "Series 2005 Bonds" means the Issuer's Water Supply and
Wastewater System Revenue Bonds, Series 2005, in the
outstanding principal amount of $2,630,000
(o) "Series 2006 Bonds" means the Issuer's Water Supply and
Wastewater System Revenue Refunding Bonds, Series 2006, in the
outstanding principal amount of $3,095,000
(p) "Series 2013 Bonds" means the Issuer's Water Supply and
Wastewater System Revenue Bonds, Series 2013, in the
outstanding principal amount of $3,620,000
(q) "Series 2014 Bonds" means the Issuer's Water Supply and
Wastewater System Revenue Bond, Series 2014, in the outstanding
principal amount of $3,775,000
(r) "Series 2015 Bonds" means the Issuer's Water Supply and
Wastewater System Revenue Bond, Series 2015, in the principal
amount of not to exceed $9,400,000 issued pursuant to this
Ordinance
(s) "Sufficient Government Obligations" means direct obligations of the
United States of America or obligations the principal and interest on
which is fully guaranteed by the United States of America, not
redeemable at the option of the issuer, the principal and interest
payments upon which without reinvestment of the interest, come due
at such times and in such amounts as to be fully sufficient to pay the
interest as it comes due on the Bonds and the principal and
redemption premium, if any, on the Bonds as it comes due whether
on the stated maturity date or upon earlier redemption Securities
representing such obligations shall be placed in trust with a bank or
trust company, and if any of the Bonds are to be called for
redemption prior to maturity, irrevocable instructions to call the
Bonds for redemption shall be given to the paying agent.
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Regular Meeting Minutes of April 20, 2015
(t) "Supplemental Agreement" means the supplemental agreement
among the Issuer, the Authority and MDEQ relating to the Series
2015 Bonds
(u) "System" means the entire Water Supply and Wastewater System of
the Issuer, including the Project and all additions, extensions and
improvements hereafter acquired
Section 2 Necessity; Approval of Plans and Specifications It is hereby
determined to be a necessary public purpose of the Issuer to acquire and
construct the Project in accordance with the plans and specifications
prepared by the Engineers, which plans and specifications are hereby
approved The Project qualifies for the State Revolving Fund financing
program being administered by the MDEQ and the Authority, whereby
bonds of the Issuer are sold to the Authority and bear interest at a fixed rate
of two and one-half percent (2 50%) per annum
Section 3 Costs, Useful Life The cost of the Project is estimated to be
an amount not to exceed Nine Million Four Hundred Thousand Dollars
($9,400,000), including the payment of incidental expenses as specified in
Section 4 of this Ordinance, which estimate of cost is hereby approved and
confirmed, and the period of usefulness of the Project is estimated to be not
less than twenty-five (25) years
Section 4 Payment of Cost; Bonds Authorized To pay part of the cost
of acquiring and constructing the Project, legal, engineering, financial and
other expenses incident thereto and incident to the issuance and sale of the
Series 2015 Bonds, the Issuer shall borrow the sum of not to exceed Nine
Million Four Hundred Thousand Dollars ($9,400,000), or such lesser
amount as shall have been advanced to the Issuer pursuant to the Purchase
Contract and the Supplemental Agreement, and issue the Series 2015
Bonds pursuant to the provisions of Act 94 The remaining cost of the
Project, if any, shall be defrayed from Issuer funds on hand and legally
available for such use
Except as amended by or expressly provided to the contrary in this
Ordinance, all of the provisions of the Prior Ordinances shall apply to the
Series 2015 Bonds issued pursuant to this Ordinance, the same as though
each of said provisions were repeated in this Ordinance in detail, the
purpose of this Ordinance being to authorize the issuance of additional
revenue bonds of equal standing and priority of lien as to the Net Revenues
with the Outstanding Bonds to finance the cost of acquiring and constructing
additions, extensions and improvements to the System, such purpose being
authorized by the provisions of the Prior Ordinances, upon the conditions
therein stated, which conditions have been fully met.
Section 5 Issuance of Series 2015 Bonds, Details The Series 2015
Bonds of the Issuer, to be designated WATER SUPPLY AND
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Regular Meeting Minutes of April 2Q 2015
WASTEWATER SYSTEM REVENUE BOND, SERIES 2015, are
The Series 2015 Bonds shall bear interest at a rate of two and one-half half
percent (2 50%) per annum on the par value thereof or such other rate as
evidenced by execution of the Purchase Contract, but in any event not to
exceed the rate permitted by law, and any Authorized Officers as shall be
appropriate shall deliver the Series 2015 Bonds in accordance with the
delivery instructions of the Authority
The principal amount of the Series 2015 Bonds is expected to be drawn
down by the Issuer periodically, and interest on principal amount shall
accrue from the date such principal amount is drawn down by the Issuer
The Series 2015 Bonds shall not be convertible or exchangeable into more
than one fully -registered bond Principal of and interest on the Series 2015
Bonds shall be payable as provided in the Series 2015 Bond form in this
Ordinance
The Series 2015 Bonds shall be subject to optional redemption by the Issuer
with the prior written approval of the Authority and on such terms as may be
required by the Authority
authorized to be issued in the aggregate principal sum of not to exceed Nine
Million Four Hundred Thousand Dollars ($9,400,000) as finally determined
by order of the MDEQ for the purpose of paying part of the cost of the
Project, including the costs incidental to the issuance, sale and delivery of
the Series 2015 Bonds The Series 2015 Bonds shall be payable out of the
Net Revenues, as set forth more fully in Section 8 hereof The Series 2015
Bonds shall be in the form of a single fully -registered, nonconvertible bond
of the denomination of the full principal amount thereof, dated as of the date
of delivery, payable in principal installments as finally determined by the
order of the MDEQ at the time of sale of the Series 2015 Bonds and
approved by the Authority and an Authorized Officer Principal installments
of the Series 2015 Bonds shall be payable on April 1 of the years 2017
through 2036, inclusive, or such other payment dates as hereinafter
provided Interest on the Series 2015 Bonds shall be payable on April 1
and October 1 of each year, commencing October 1, 2015 or on such other
interest payment dates as hereinafter provided Final determination of the
principal amount of and interest on the Series 2015 Bonds and the payment
dates and amounts of principal installments of the Series 2015 Bonds shall
be evidenced by execution of the Purchase Contract and each of the
Authorized Officers is authorized and directed to execute and deliver the
Purchase Contract when it is in final form and to make the determinations
set forth above, provided, however, that the first principal installment shall
be due no earlier than April 1, 2016 and the final principal installment shall
be due no later than October 1, 2036 and that the total principal amount
shall not exceed $9,400,000
The Series 2015 Bonds shall bear interest at a rate of two and one-half half
percent (2 50%) per annum on the par value thereof or such other rate as
evidenced by execution of the Purchase Contract, but in any event not to
exceed the rate permitted by law, and any Authorized Officers as shall be
appropriate shall deliver the Series 2015 Bonds in accordance with the
delivery instructions of the Authority
The principal amount of the Series 2015 Bonds is expected to be drawn
down by the Issuer periodically, and interest on principal amount shall
accrue from the date such principal amount is drawn down by the Issuer
The Series 2015 Bonds shall not be convertible or exchangeable into more
than one fully -registered bond Principal of and interest on the Series 2015
Bonds shall be payable as provided in the Series 2015 Bond form in this
Ordinance
The Series 2015 Bonds shall be subject to optional redemption by the Issuer
with the prior written approval of the Authority and on such terms as may be
required by the Authority
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Regular Meeting Minutes of April 20, 2015
The City Clerk shall record on the registration books payment by the Issuer
of each installment of principal or interest or both when made and the
cancelled checks or other records evidencing such payments shall be
returned to and retained by the City Clerk.
Upon payment by the Issuer of all outstanding principal of and interest on
the Series 2015 Bonds, the Authority shall deliver the Series 2015 Bonds to
the Issuer for cancellation
Section 6 Execution of Series 2015 Bonds The Series 2015 Bonds
shall be signed by the manual or facsimile signature of the Mayor and
countersigned by the manual or facsimile signature of the City Clerk and
shall have the corporate seal of the Issuer or a facsimile thereof impressed
thereon The Series 2015 Bonds bearing the manual signatures of the
Mayor and the City Clerk sold to the Authority shall require no further
authentication
Section 7 Registration and Transfer Any Bond may be transferred
upon the books required to be kept pursuant to this section by the person
in whose name it is registered, in person or by the registered owner's duly
authorized attorney, upon surrender of the Bond for cancellation,
accompanied by delivery of a duly executed written instrument of transfer
in a form approved by the transfer agent. Whenever any Bond or Bonds
shall be surrendered for transfer, the Issuer shall execute and the transfer
agent shall authenticate and deliver a new Bond or Bonds, for like
aggregate principal amount. The transfer agent shall require payment by
the bondholder requesting the transfer of any tax or other governmental
charge required to be paid with respect to the transfer The Issuer shall not
be required (i) to issue, register the transfer of or exchange any Bond during
a period beginning at the opening of business 15 days before the day of the
giving of a notice of redemption of Bonds selected for redemption as
described in the form of Series 2015 Bonds contained in Section 13 of this
Ordinance and ending at the close of business on the day of that giving of
notice, or (ii) to register the transfer of or exchange any Bond so selected
for redemption in whole or in part, except the unredeemed portion of Bonds
being redeemed in part. The Issuer shall give the transfer agent notice of
call for redemption at least 20 days prior to the date notice of redemption is
to be given
The transfer agent shall keep or cause to be kept at its principal office
sufficient books for the registration and transfer of the Bonds, which shall at
all times be open to inspection by the Issuer; and upon presentation for such
purpose the transfer agent shall under such reasonable regulations as it
may prescribe transfer or cause to be transferred on said books Bonds as
hereinbefore provided
If any Bond shall become mutilated, the Issuer, at the expense of the holder
of the Bond, shall execute, and the transfer agent shall authenticate and
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Regular Meeting Minutes of April 20, 2015
deliver, a new Bond of like tenor in exchange and substitution for the
mutilated Bond, upon surrender to the transfer agent of the mutilated Bond
If any Bond issued under this Ordinance shall be lost, destroyed or stolen,
evidence of the loss, destruction or theft may be submitted to the transfer
agent and, if this evidence is satisfactory to both and indemnity satisfactory
to the transfer agent shall be given, and if all requirements of any applicable
law including Act 354, Public Acts of Michigan, 1972, as amended
("Act 354"), being sections 129 131 to 129 135, inclusive, of the Michigan
Compiled Laws have been met, the Issuer, at the expense of the owner,
shall execute, and the transfer agent shall thereupon authenticate and
deliver, a new Bond of like tenor and bearing the statement required by
Act 354, or any applicable law hereafter enacted, in lieu of and in
substitution for the Bond so lost, destroyed or stolen If any such Bond shall
have matured or shall be about to mature, instead of issuing a substitute
Bond the transfer agent may pay the same without surrender thereof
Section 8 Payment of Series 2015 Bonds, Security; Priority of Lien
Principal of and interest on the Series 2015 Bonds shall be payable from
the Net Revenues There is hereby recognized the statutory lien upon the
whole of the Net Revenues created by this Ordinance which shall be a lien
that is equal in standing with the lien of the Outstanding Bonds created by
the Prior Ordinances, to continue until payment in full of the principal of and
interest on all Bonds payable from the Net Revenues, or until sufficient cash
or Sufficient Government Obligations have been deposited in trust for
payment in full of all Bonds of a series then outstanding, principal and
interest on such Bonds to maturity, or, if called for redemption, to the date
fixed for redemption together with the amount of the redemption premium,
if any Upon deposit of cash or Sufficient Government Obligations, as
provided in the previous sentence, the statutory lien shall be terminated with
respect to that series of Bonds, the holders of that series shall have no
further rights under the Prior Ordinances or this Ordinance except for
payment from the deposited funds, and the Bonds of that series shall no
longer be considered to be outstanding under the Prior Ordinances or this
Ordinance
Section 9 Management; Fiscal Year The operation, repair and
management of the System and the acquiring and constructing of the
Project shall continue to be under the supervision and control of the Issuer
The Issuer may employ such person or persons in such capacity or
capacities as it deems advisable to carry on the efficient management and
operation of the System The Issuer may make such rules and regulations
as it deems advisable and necessary to assure the efficient management
and operation of the System The System shall be operated on the basis
of an operating year which shall coincide with the Issuer's fiscal year
Section 10 Rates and Charges, No Free Service The rates and charges
for service furnished by the System and the methods of collection and
enforcement of the collection of the rates shall be those in effect on the date
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Regular Meeting Minutes of April 20, 2015
of adoption of this Ordinance No free service or use of the System, or
service or use of the System at less than cost, shall be furnished by the
System to any person, firm, or corporation, public or private, or to any public
agency or instrumentality, including the Issuer
In a case where a tenant is responsible for the payment of the charges for
service furnished by the System, and the Issuer is so notified in writing, the
Issuer shall require a cash deposit in a sum determined as set forth in Title
13, Chapter 8 of the Issuer's Code of Ordinances, as the same may from
time to time be amended, as security for the payment of the charges
Section 11 Funds and Accounts, Flow of Funds, Bond and Interest
Redemption Fund The funds and accounts established by the Prior
Ordinances are hereby continued, the flow of funds established by the Prior
Ordinances is hereby continued, and the applicable sections of the Prior
Ordinances relating to funds and accounts and flow of funds are
incorporated herein by reference as if fully set forth
The Issuer has determined that the approximate sum of $465,000 is needed
to be deposited in the Bond Reserve Account within the Bond and Interest
Redemption Account as established by the Prior Ordinances in order to
maintain the proper Reserve Amount in connection with the issuance of the
Series 2015 Bonds The Issuer shall deposit such sum from cash on hand
at closing of the Series 2015 Bonds
Section 12 Bond Proceeds The proceeds of the sale of the Series 2015
Bonds as received by the Issuer shall be deposited in a separate account
in a bank or banks qualified to act as depository of the proceeds of sale
under the provisions of Section 15 of Act 94 designated WATER SUPPLY
AND WASTEWATER SYSTEM REVENUE BONDS CONSTRUCTION
FUND (the "Construction Fund") Moneys in the Construction Fund shall be
applied solely in payment of the cost of the Project and any engineering,
legal and other expenses incident thereto and to the financing thereof
Section 13 Bond Form The Series 2015 Bonds shall be in substantially
the following form with such changes or completion as necessary or
appropriate to give effect to the intent of this Ordinance, and further subject
to such modifications which may be required by the Michigan Attorney
General and the Authority and approved by bond counsel
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Regular Meeting Minutes of April 20, 2015
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
WATER SUPPLY AND WASTEWATER SYSTEM
REVENUE BOND, SERIES 2015
REGISTERED OWNER. Michigan Finance Authority
PRINCIPAL AMOUNT Nine Million Four Hundred Thousand Dollars
($9,400,000)
DATE OF ORIGINAL ISSUE June 25, 2015
The CITY OF LIVONIA, County of Wayne, State of Michigan (the "City"),
acknowledges itself to owe and for value received hereby promises to pay,
solely out of the hereinafter described Net Revenues of the City's Water
Supply and Wastewater System (hereinafter defined), to the Michigan
Finance Authority (the "Authority"), or registered assigns, the Principal
Amount shown above, or such portion thereof as shall have been advanced
to the City pursuant to a Purchase Contract between the City and the
Authority and a Supplemental Agreement by and among the City, the
Authority and the State of Michigan acting through the Department of
Environmental Quality, in lawful money of the United States of America,
unless prepaid or reduced prior thereto as hereinafter provided
During the time the Principal Amount is being drawn down by the City under
this Bond, the Authority will periodically provide to the City a statement
showing the amount of principal that has been advanced and the date of
each advance, which statement shall constitute prima facie evidence of the
reported information, provided that no failure on the part of the Authority to
provide such a statement or to reflect a disbursement or the correct amount
of a disbursement shall relieve the City of its obligation to repay the
outstanding Principal Amount actually advanced (subject to any principal
forgiveness as provided for in Schedule A), all accrued interest thereon, and
any other amount payable with respect thereto in accordance with the terms
of this Bond
The Principal Amount shall be payable on the dates and in the annual
principal installment amounts set forth on the Schedule attached hereto and
made a part hereof, as such Schedule may be adjusted if less than
$9,400,000 is disbursed to the City or if a portion of the Principal Amount is
prepaid as provided below, with interest on said principal installments from
the date each said installment is delivered to the holder hereof until paid at
the rate of two and one-half percent (2 50%) per annum Interest is first
payable on October 1, 2015 and semiannually thereafter on the first day of
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Regular Meeting Minutes of April 20, 2015
April and October of each year, and principal is payable on the first day of
April commencing April 1, 2017 and annually thereafter, as set forth in the
Purchase Contract.
The Bond may be subject to redemption prior to maturity by the City only
with the prior written consent of the Authority and on such terms as may be
required by the Authority
Notwithstanding any other provision of this Bond, so long as the Authority
is the owner of this Bond, (a) this Bond is payable as to principal, premium,
if any, and interest at The Bank of New York Mellon Trust Company, N.A.
or at such other place as shall be designated in writing to the City by the
Authority (the "Authority's Depository"), (b) the City agrees that it will deposit
with the Authority's Depository payments of the principal of, premium, if any,
and interest on this Bond in immediately available funds by 12 00 noon at
least five business days prior to the date on which any such payment is due
whether by maturity, redemption or otherwise, in the event that the
Authority's Depository has not received the City's deposit by 12 00 noon on
the scheduled day, the City shall immediately pay to the Authority as
invoiced by the Authority an amount to recover the Authority's administrative
costs and lost investment earnings attributable to that late payment, and
(c) written notice of any redemption of this Bond shall be given by the City
and received by the Authority's Depository at least 40 days prior to the date
on which such redemption is to be made
Additional Interest
In the event of a default in the payment of principal or interest hereon when
due, whether at maturity, by redemption or otherwise, the amount of such
default shall bear interest (the "additional interest") at a rate equal to the
rate of interest which is two percent above the Authority's cost of providing
funds (as determined by the Authority) to make payment on the bonds of
the Authority issued to provide funds to purchase this bond but in no event
in excess of the maximum rate of interest permitted by law The additional
interest shall continue to accrue until the Authority has been fully
reimbursed for all costs incurred by the Authority (as determined by the
Authority) as a consequence of the City's default. Such additional interest
shall be payable on the interest payment date following demand of the
Authority In the event that (for reasons other than the default in the
payment of any municipal obligation purchased by the Authority) the
investment of amounts in the reserve account established by the Authority
for the bonds of the Authority issued to provide funds to purchase this bond
fails to provide sufficient available funds (together with any other funds
which may be made available for such purpose) to pay the interest on
outstanding bonds of the Authority issued to fund such account, the City
shall and hereby agrees to pay on demand only the City's pro rata share
(as determined by the Authority) of such deficiency as additional interest on
this bond
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Regular Meeting Minutes of April 20, 2015
For prompt payment of principal and interest on this bond, the City has
irrevocably pledged the revenues of the Water Supply and Wastewater
System of the City, including all appurtenances, extensions and
improvements thereto (the "Water Supply and Wastewater System"), after
provision has been made for reasonable and necessary expenses of
operation, maintenance and administration (the "Net Revenues"), and a
statutory lien thereon is hereby recognized and created which is of equal
standing and priority of lien as to the prior lien of the City's Water Supply
and Wastewater System Revenue Bonds, Series 2005, the City's Water
Supply and Wastewater System Revenue Refunding Bonds, Series 2006,
the City's Water Supply and Wastewater System Revenue Bonds, Series
2013 and the City's Water Supply and Wastewater System Revenue Bonds,
Series 2014 (collectively, the "Outstanding Bonds")
This bond is a single, fully -registered, non -convertible bond in the principal
sum indicated above issued pursuant to Ordinance No duly adopted
by the City Council of the City (the "Ordinance") and Ordinance Nos 2719,
2945 and 2963 authorizing issuance of the Outstanding Bonds (the "Prior
Ordinances"), and under and in full compliance with the Constitution and
statutes of the State of Michigan, including specifically Act 94, Public Acts
of Michigan, 1933, as amended, for the purpose of paying part of the cost
of acquiring and constructing additions, extensions and improvements to
the Water Supply and Wastewater System of the City
For a complete statement of the revenues from which and the conditions
under which this bond is payable, a statement of the conditions under which
additional bonds of superior and equal standing may hereafter be issued
and the general covenants and provisions pursuant to which this bond is
issued, reference is made to the Ordinance and the Prior Ordinances
This bond is a self-liquidating bond, payable, both as to principal and
interest, solely and only from the Net Revenues of the Water Supply and
Wastewater System The principal of and interest on this bond are secured
by the statutory lien hereinbefore mentioned
The City has covenanted and agreed, and does hereby covenant and
agree, to fix and maintain at all times while any bonds payable from the Net
Revenues of the Water Supply and Wastewater System shall be
outstanding, such rates for service furnished by the Water Supply and
Wastewater System as shall be sufficient to provide for payment of the
interest upon and the principal of this bond and any bonds of equal standing
with this bond, the Outstanding Bonds and any additional bonds of equal
standing with the Outstanding Bonds, as and when the same shall become
due and payable, and to maintain a bond redemption fund (including a bond
reserve account) therefor, to provide for the payment of expenses of
administration and operation and such expenses for maintenance of the
Water Supply and Wastewater System as are necessary to preserve the
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Regular Meeting Minutes of April 20, 2015
same in good repair and working order, and to provide for such other
expenditures and funds for the Water Supply and Wastewater System as
are required by the Ordinance and the Prior Ordinances
This bond is transferable only upon the books of the City by the registered
owner in person or 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 bond or bonds in the same aggregate principal amount
and of the same maturity shall be issued to the transferee in exchange
therefor as provided in the Ordinance and the Prior Ordinances, and upon
payment of the charges, if any, therein prescribed
It is hereby certified and recited that all acts, conditions and things required
by law to be done precedent to and in the issuance of this bond have been
done and performed in regular and due time and form as required by law
IN WITNESS WHEREOF, the City, by its City Council has caused this bond
to be executed with the manual signatures of its Mayor and its City Clerk
and the corporate seal of the City to be impressed hereon, all as of the Date
of Original Issue
CITY OF LIVONIA
County of Wayne
State of Michigan
By
Its Mayor
(Seal)
Countersigned
By
Its City Clerk
DEQ Project No 7356-01
DEQ Approved Amt: $9,400,000
Loan Forgiveness
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Regular Meeting Minutes of April 20, 2015
SCHEDULE A
Based on the schedule provided below unless revised as provided in this
paragraph, repayment of the principal of the bond shall be made until the
full amount advanced to the City is repaid In the event the Order of
Approval issued by the Department of Environmental Quality (the "Order"),
approves a principal amount of assistance less than the amount of the bond
delivered to the Authority, the Authority shall only disburse principal up to
the amount stated in the Order In the event (1) that the payment schedule
approved by the City and described below provides for payment of a total
principal amount greater than the amount of assistance approved by the
Order, (2) that less than the principal amount of assistance approved by the
Order is disbursed to the City by the Authority or (3) that any portion of the
principal amount of assistance approved by the Order and disbursed to the
City is forgiven pursuant to the Order, the Authority shall prepare a new
payment schedule which shall be effective upon receipt by the City
Maturity Date Principal Amount
April 1, 2017
$365,000
April 1, 2018
375,000
April 1, 2019
385,000
April 1, 2020
395,000
April 1, 2021
405,000
April 1, 2022
415,000
April 1, 2023
425,000
April 1, 2024
435,000
April 1, 2025
450,000
April 1, 2026
460,000
April 1, 2027
470,000
April 1, 2028
485,000
April 1, 2029
495,000
April 1, 2030
510,000
April 1, 2031
520,000
April 1, 2032
535,000
April 1, 2033
550,000
April 1, 2034
560,000
April 1, 2035
575,000
April 1, 2036
590,000
Interest on the bond shall accrue on that portion of principal
disbursed by the Authority to the City which has not been forgiven pursuant
to the Order from the date such portion is disbursed, until paid, at the rate
of 2 50% per annum, payable October 1, 2015, and semi-annually
thereafter
The City agrees that it will deposit with The Bank of New York Mellon
Trust Company, N.A., or at such other place as shall be designated in
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Regular Meeting Minutes of April 20, 2015
writing to the City by the Authority (the "Authority's Depository") payments
of the principal of, premium, if any, and interest on this Bond in immediately
available funds by 12 00 noon at least five business days prior to the date
on which any such payment is due whether by maturity, redemption or
otherwise In the event that the Authority's Depository has not received the
City's deposit by 12 00 noon on the scheduled day, the City shall
immediately pay to the Authority as invoiced by the Authority an amount to
recover the Authority's administrative costs and lost investment earnings
attributable to that late payment.
Section 14 Bondholders' Rights, Receiver The holder or holders of the
Bonds representing in the aggregate not less than twenty per cent (20%) of
the entire principal amount thereof then outstanding, may, by suit, action,
mandamus or other proceedings, protect and enforce the statutory lien upon
the Net Revenues of the System, and may, by suit, action, mandamus or
other proceedings, enforce and compel performance of all duties of the
officers of the Issuer, including the fixing of sufficient rates, the collection of
Revenues, the proper segregation of the Revenues of the System and the
proper application thereof The statutory lien upon the Net Revenues,
however, shall not be construed as to compel the sale of the System or any
part thereof
If there is a default in the payment of the principal of or interest upon the
Series 2015 Bonds, any court having jurisdiction in any proper action may
appoint a receiver to administer and operate the System on behalf of the
Issuer and under the direction of the court, and by and with the approval of
the court to perform all of the duties of the officers of the Issuer more
particularly set forth herein and in Act 94
The holder or holders of the Series 2015 Bonds shall have all other rights
and remedies given by Act 94 and law, for the payment and enforcement
of the Series 2015 Bonds and the security therefor
Section 15 Negotiated Sale Application to MDEQ and Authority;
Execution of Documents The Issuer determines that it is in the best
interest of the Issuer to negotiate the sale of the Series 2015 Bonds to the
Authority because the Drinking Water Revolving Fund financing program
provides significant interest savings to the Issuer compared to competitive
sale in the municipal bond market. The Authorized Officers are hereby
authorized to make application to the Authority and to the MDEQ for
placement of the Series 2015 Bonds with the Authority The actions taken
by the Authorized Officers with respect to the Series 2015 Bonds prior to
the adoption of this Ordinance are ratified and confirmed The Authorized
Officers are authorized to execute and deliver the Purchase Contract, the
Supplemental Agreement and the Issuer's Certificate Any Authorized
Officers is further authorized to execute and deliver such contracts,
documents and certificates as are necessary or advisable to qualify the
Series 2015 Bonds for the Drinking Water Revolving Fund Prior to the
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Regular Meeting Minutes of April 20, 2015
delivery of the Series 2015 Bonds to the Authority, any Authorized Officer
is hereby authorized to make such changes to the form of the Series 2015
Bonds contained in Section 13 of this Ordinance as may be necessary to
conform to the requirements of Act 227, Public Acts of Michigan 1985, as
amended ("Act 227"), including, but not limited to changes in the principal
maturity and interest payment dates and references to additional security
required by Act 227
Section 16 Covenant Regarding Tax Exempt Status of the Bonds The
Issuer shall, to the extent permitted by law, take all actions within its control
necessary to maintain the exemption of the interest on the Series 2015
Bonds from general federal income taxation (as opposed to any alternative
minimum or other indirect taxation) under the Internal Revenue Code of
1986, as amended (the "Code"), including, but not limited to, actions relating
to any required rebate of arbitrage earnings and the expenditure and
investment of Series 2015 Bonds proceeds and moneys deemed to be
Bond proceeds
Section 17 Approval of Bond Counsel The representation of the Issuer
by Miller, Canfield, Paddock and Stone, P L C ("Miller Canfield"), as bond
counsel is hereby approved, notwithstanding the representation by Miller
Canfield of the Authority in connection with the State Revolving Fund
program which may include advising the Authority with respect to this
borrowing
Section 18 Approval of Bond Details The Authorized Officers are each
hereby authorized to adjust the final bond details set forth herein to the
extent necessary or convenient to complete the transaction authorized
herein, and in pursuance of the foregoing is authorized to exercise the
authority and make the determinations authorized pursuant to Section
7a(1)(c) of Act 94, including but not limited to determinations regarding
interest rates, prices, discounts, maturities, principal amounts,
denominations, dates of issuance, interest payment dates, redemption
rights, the place of delivery and payment, and other matters, provided that
the principal amount of Series 2015 Bonds issued shall not exceed the
principal amount authorized in this Ordinance, the interest rate per annum
on the Series 2015 Bonds shall not exceed two and one-half percent
(2 50%) per annum, and the Series 2015 Bonds shall mature in not more
than twenty (20) annual installments
Section 19 Savings Clause All ordinances, resolutions or orders, or part
thereof, in conflict with the provisions of this Ordinance are, to the extent of
such conflict, repealed
Section 20 Severability Paragraph Headings, and Conflict. If any
section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity of such section, paragraph, clause or provision shall
not affect any of the other provisions of this Ordinance The paragraph
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Regular Meeting Minutes of April 20, 2015
headings in this Ordinance are furnished for convenience of reference only
and shall not be considered to be part of this Ordinance
Section 21 Publication and Recordation This Ordinance shall be
published in full in the Livonia Observer, a newspaper of general circulation
in the Issuer qualified under State law to publish legal notices, promptly after
its adoption, and shall be recorded in the Ordinance Book of the Issuer and
such record authenticated by the signatures of the Mayor and the City Clerk.
Section 22 Effective Date This Ordinance shall be effective upon its
adoption and publication
ADOPTED AND SIGNED THIS 20TH DAY OF APRIL, 2015
Signed _
Its Mayor
Signed
Its City Clerk
I HEREBY CERTIFY that the foregoing constitutes a true and complete
copy of an Ordinance duly adopted by the City Council of the City of Livonia,
County of Wayne, State of Michigan, at a regular meeting held on the 20th
day of April, 2015, and that said meeting was conducted and public notice
of said meeting was given pursuant to and in full compliance with the Open
Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the
minutes of said meeting were kept and will be or have been made available
as required by said Act.
I further certify that the following Members were present at said meeting
and that the following Members were absent:
I further certify that Member moved for
adoption of said Ordinance and that said motion was supported by
Member
I further certify that the following Members voted for adoption of said
Ordinance
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Regular Meeting Minutes of April 20, 2095
and that the following Members voted against adoption of said Ordinance
I further certify that said Ordinance has been recorded in the Ordinance
Book and that such record has been authenticated by the signatures of
the Mayor and the City Clerk
City Clerk
A roll call vote was taken on the foregoing Ordinance with the following result.-
AYES
esult:
AYES Scheel, Nash, Kritzman, Pastor, Meakin, Toy, and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
During Audience Communication, Christopher Martin, 12275 Inkster Road,
Livonia, stated he had wanted to comment on Item #15 and will do so at the Study
Meeting
Penny Crider, District Manager for Senator Colbeck, stated that he was holding a
transportation forum at the Northville Township Hall on April 2711, 2015 from 7 00
to900pm
Toy inquired as to the nature of the meeting and its relationship to Proposal 1
which is on the May 5th ballot.
On a motion by Scheel, supported by Kritzman, and unanimously adopted,
this 1,775th Regular Meeting of the Council of the City of Livonia was adjourned
slimmo
Susan A. *rr