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HomeMy WebLinkAboutCOUNCIL MINUTES 1986-11-19 22943 ims MINUTES OF THE ONE THOUSAND AND NINETY—SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 19, 1986, 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 8.10 P.M. Councilman Feenstra delivered the invocation. Roll was called with the following result Robert R. Bishop, Joan McCotter, Fernon P. Feenstra, Robert E. McCann, Gerald Taylor, Robert D. Bennett and Ron Ochala. Absent: None. Elected and appointed officials present Robert F. Nash, City Clerk, Harry Tatigian, City Attorney, Jack Dodge, Director of Finance, John Nagy, Planning Director; Joan Duggan, Executive Assistant to the Mayor, Marilyn Kazmer, Director of Legislative Affairs, Robert F. Biga, Labor Relations Director, Robert Beckley, Superintendent of Public Service Division and Jeanne Treff, Cable TV Director. By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #1111-86 RESOLVED, that the minutes of the 1 ,091st Regular Meeting of the Council of the City of Livonia, held November 10, 1986, are hereby approved. Unanimously moved, supported and adopted, it was #1112-86 WHEREAS, the City of Livonia wishing to recognize another State championship, the Stevenson Spartan Class "A" Soccer Team, and WHEREAS, this achievement adds to the growing sports recognition making the City of Livonia a sports championship city, and WHEREAS, the championship Stevenson Spartans completed an overall 20-0-3 record showing their continued dominance in the sport, and imw WHEREAS, the Spartans, under the leadership of their coach Peter Scerri completed their second state championship with primarily a sophomore and junior team, and 22944 IwoWHEREAS, the Spartans prevailed under adverse playing conditions and battled a truly formidable foe, and WHEREAS, the effort, dedication, sportsmanship and high academic record demonstrated by this team brings recognition to the students, faculty and all citizens of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia commemorates this noteworthy effort with this resolution paying tribute to a truly great sports achievement. A communication from the Department of Law, dated November 10, 1986 re FCA Senior Citizens Housing Corporation v City of Livonia, et al . ; Wayne County Circuit Court Case No. 86-612348 CZ was received and placed on file for the information of the Council . At the direction of the Chair, the veto by the Mayor of CR 1107-86 regarding the mayoral vacancy, dated November 12, 1986, was placed on the Agenda Lof the Regular Meeting of December 8 , 1986 On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #1113-86 RESOLVED, that having considered a letter from Milton E. Vingsness and Patricia A. Vingsness, 14050 Eckles Road, Livonia, Michigan 48154, dated October 25, 1986, with regard to the accumulation of debris and other problems concerning certain City-owned property located at the Northeast corner of Schoolcraft and Eckles Road, the Council does hereby refer this item to the Director of Public Works and to the Chief of Police for their respective reports and recommendations (including the placing of a For-Sale Sign on this property. ) #1114-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated September 2, 1986, and the report and recommendation of the Chief of Police dated October 30, 1986, in connection therewith, the Council does hereby approve of the request from Matthew M. McGee, stockholder in Matt-M, Inc , to transfer ownership of 1986 Class C Licensed Business with Dance Permit from Rick Mar, Inc. , for a business located at 19170 Farmington, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 22945 imp #1115-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated October 13, 1986 which bears the signature of the Director of Finance and is approved for submission by the Mayor and which is submitted pursuant to Council Resolution 320-86, adopted on March 26, 1986, with regard to a proposed special assessment street improvement project for Rayburn (Hubbard to Farmington) , Woodring and Loveland (North of Rayburn), the Council does hereby refer this item back to the Engineering Department for the preparation of a new report for the inclusion of additional streets in this area as part of the overall proposed special assessment street improvement project. A roll call vote was taken on the foregoing resolutions with the following result. AYES: Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop. NAYS None. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance lbw AN ORDINANCE AMENDING SECTIONS 030, 060, 070, 080 A, 090, 100, 140 F, 150 A, 250 AND 270 OF TITLE 3, CHAPTER 08 (SPECIAL ASSESSMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES. Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop. NAYS: None The President declared the Ordinance duly adopted and would become effective on publication. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING SECTION 070 OF TITLE 5, CHAPTER 06 (ALARM SYSTEMS AND DEVICES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. ilmw A roll call vote was taken on the foregoing Ordinance with the following result• 22946 AYES: Feenstra, McCann, Bennett, Ochala, McCotter. NAYS. Taylor, Bishop. ibm The President declared the Ordinance duly adopted and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 27 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 86-7-1-31 , change of zoning from P.L. to M-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES. Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop. NAYS: None. IwoThe President declared the Ordinance duly adopted and would become effective on publication. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 27 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 86-7-1-32, change of zoning from P.L. to M-2) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop. NAYS• None. The President declared the Ordinance duly adopted and would become effective on publication. 22947 IwoCouncilman Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 86-6-3-5) A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Feenstra, McCann, Taylor, Bennett, Ochala, McCotter, Bishop. NAYS: None. The President declared the Ordinance duly adopted and would become effective on publication. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 11116-86 RESOLVED, that having considered a communication from certain residents of the Fairway Farms Subdivision, received Iwo by the office of the City Clerk on October 17, 1986, which is located North of Five Mile and East of Levan Road, and before determining to install street lights in the Fairway Farms Subdivision in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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, pursuant to the provisions of Section 3 08 140 of the Livonia Code of Ordinances, as amended On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was 11117-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated October 21 , 1986, approved by the Director of Finance and approved 22948 ibm for submission by the Mayor, the Council does hereby accept the bid of Aladdin Coverall Supply Co. , 25 Victor Avenue, Highland Park, Michigan 48203, for supplying Public Service Division employees with rental uniforms and cleaning service at the unit price bid and for an estimated total weekly amount of $312.60 for the period through November 30, 1988, the same having been in fact the lowest bid received and meets all specifications. On a motion by Councilman Bennett, seconded by Councilwoman McCotter, and unanimously adopted, it was #1118-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated October 22, 1986, approved by the Director of Public Works and the Superintendent of Parks and Recreation and approved for submission by the Mayor, and submitted pursuant to Council Resolution 653-85, with regard to the question of whether a more effective barricade should be installed at the end of Curtis Avenue in Rotary Park in Section 10, the Council does hereby determine as follows: (A) That the Department of Public Works is hereby requested to remove existing debris and unwanted materials lie and install a "No Dumping" sign at the Curtis Avenue entrance to Rotary Park, (B) That the Police Department is requested to more diligently enforce Section 10 81 .120 of the Livonia Code of Ordinances, which Section prohibits the operation of motorized vehicles within a City park, and (C) That the Streets, Roads and Plats Committee is hereby requested to submit a report and recommendation with regard to constructing a barricade and/or fence at the Curtis Avenue entrance to Rotary Park. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #1119-86 RESOLVED, that having considered a communication from the Mayor dated October 20, 1986, wherein it is recommended that a deferred severance payment procedure for all classified and unclassified employees be established whereby terminating employees could elect, at the employee's option, to receive ims severance payouts in payments extended over a maximum of five (5) years rather than in one lump sum, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. 22949 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McCann, Taylor, Bennett, Ochala, lishop. NAYS: McCotter. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #1120-86 RESOLVED, that having considered a communication from the City Planning Commission dated October 29, 1986, which transmits its resolution 10-283-86, adopted or October 21 , 1986, with regard to Petition 86-7-8-39, submitted by Jude T. Fusco Associates, Inc. , requesting site plan approval in connection with a proposal to construct an elderly retirement residence on the West side of Middlebelt, between Bentley and Schoolcraft in Section 23, pursuant to the provisions set forth in Section 29.02 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 86-7-8-39 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McCann, Taylor, Bennett, Ochala, VcCotter, Bishop. NAYS. None. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was 11121-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated August 27, 1986, and the report and recommendation of the City Clerk dated October 23, 1986, in connection therewith, (and submitted pursuant to Council Resolution 1013-86), with regard to a request from WSU Restaurant Holding Company for transfer of ownership of 1982 Class C License located in escrow from Ja:ks or Better Family Tavern, Inc , Paul Borock (with license to remain in escrow) , for a business located at 11005 Mid:lebelt Road, Livonia, Michigan, Wayne County, the Council does hereby refer this item to the Study Session of the Council tc be conducted on November 24, 1986 22950 On a motion by Councilman McCann, seconded by Councilman Ochala, and imp unanimously adopted, it was #1122-86 RESOLVED, that having considered a communication from the City Engineer dated November 4, 1986, approved for submission by the Mayor Pro Tem, with regard to having additional data and programs placed on the new City computer, the Council does hereby authorize the purchase of new equipment for this purpose and does, therefore, authorize the transfer of the sum of $3,019 from Testing Account 101-441-728 000 to Capital Outlay Account 101-441-987.000. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #1123-86 RESOLVED, that having considered a report and recommendation from the Executive Assistant to the Mayor, the Director of Public Works and the Director of Finance dated November 12, 1986, approved for submission by the Mayor Pro Tem, to which is attached a proposed agreement between the City of Livonia and New World Systems, wherein the latter would provide maintenance for software application as listed under Section 4, and also provide services as listed under Section 2 of the agreement, and which agreement would be in effect for the period December 1 , 1986 through November 30, 1989, the Council does hereby request that the Mayor and City Clerk, for and on behalf of the City of Livonia, execute the said agreement in the manner and form herein submitted, subject to approval as to form by the City Attorney, as well as to do all other things necessary or incidental in order to fulfill the purpose of this resolution, further, the Council does hereby appropriate and authorize the expenditure of the sum of $20,291 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result• AYES. McCann, Taylor, Bennett, McCotter, Bishop NAYS Feenstra, Ochala. The President declared the resolution adopted A communication from the Department of Law, dated November 12, 1986 re Special Election to Fill Mayoral Vacancy, CR 1043-86 was received and placed on lbw file for the information of the Council . 22951 On a motion by Councilman McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #1124-86 WHEREAS, various special assessment rolls (the "Rolls") hereinafter described for the construction of public improvements in special assessment districts similarly denominated have been prepared, reviewed and confirmed by the City Council ; and WHEREAS, the City Council has detertined that it will be necessary to issue special assessment bonds pledging for their payment collections on the Rolls, NOW, THEREFORE, BE IT RESOLVED THAT: 1 . The estimated period of usefulness of said improvements is not less than twenty (20) years. 2. Special assessment bonds be issued in the amount of One Million Five Hundred Forty-five Thousand Dollars ($1 ,545,000) (the "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 follows: Special Assessment District No. Amount 242 $ 20,850 244 48,110 245 5,180 246 16,930 247 6,330 249 20,925 263 82,500 266 45,440 267 52,120 268 18,250 269 40,370 270 133,440 271 263,800 273 218,380 274 572,375 The liability of each of the Rolls shall be limited to the principal amounts and installments set forth above and interest and investment income thereon, provided, however, that in no event shall the amounts pledged for payment of the lbw principal of and interest on the Bonds be less than the amounts set forth above for each Roll . In addition to the special assessments primarily pledged, the City's full faith, credit 22952 and resources shall be pledged secondarily for the prompt payment ibm of the principal of and interest on the 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 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 Bonds shall be designated 1986 SPECIAL ASSESSMENT LIMITED TAX BONDS and 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 registration from 1 upwards, dated as of December 1 , 1986, and shall be payable annually on February 1 of each of the years as follows $ 20,000 - 1987, 150,000 - 1988 to 1991 , inclusive, 125,000 - 1992 to 1996, inclusive, 100,000 - 1997, 50,000 - 1998 to 2001 , inclusive. 4. The Bonds shall bear interest at a rate or rates determined on sale thereof, not exceeding ten percent (10%) per annum, payable on February 1 , 1987, and semiannually thereafter, by check drawn on the transfer agent mailed to the registered owner at the registered address, as shown on the registration books of the City maintained by the transfer agent. Interest shall be payable to the registered owner of record as of 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 Bonds shall be payable at Manufacturers National Bank of Detroit, Detroit, Michigan, which is hereby designated as registrar and transfer agent for the issue. The Bonds shall be subject to redemption prior to maturity as set forth in Section 7 hereof. Interest on the Bonds from December 1 , 1986 to August 1 , 1987 shall be capitalized and paid from Bond proceeds. 5. The 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 Bonds shall be delivered to the transfer agent for authentication and be delivered by him to the purchaser 22953 in accordance with instructions from the Treasurer 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 to time thereafter as necessary, be delivered to the transfer agent for safekeeping 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. 7. Said Bonds shall be in substantially the following form: 22954 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1986 SPECIAL ASSESSMENT LIMITED TAX BOND Rate Date of Maturity: February 1 , Date of Original Issue December 1, 1986 Registered Owner Principal Amount Dollars The City of Livonia, County of Wayne, State of Michigan (the "Issuer" ) , 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 im Original Issue, or such later date to which interest has been paid, until paid at the Rate specified above, payable on February 1, 1987, and semiannually thereafter Principal of this bond is payable at the principal office of Manufacturers National Bank of Detroit, Detroit, Michigan, or such other transfer agent as the Issuer may hereafter designate by notice mailed to the registered owner nom 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 Issuer 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 Issuer are hereby irrevocably pledged. This bond is one of a series of bonds of even date aggregating the principal sum of $1, 545,000, issued in anticipation of the collection of special assessments in various Special Assessment Districts of the Issuer, for the purpose of paying part of the cost of public improvements in said Districts, all in accordance with the provisions of state law, the charter of the Issuer and a duly adopted resolution of the Issuer The resolution authorizing the timp bonds limits the liability of each District to the amount of the roll for each District pledged 22955 Bonds of this issue maturing in the years 1987 to 1996 , inclusive, are not subject to redempt:cn prior to matur:ty Bonds or portions of bonds of this issue maturing in the years 1997 to 2001 , inclusive, shall be subject to redemption by the Issuer prior to maturity, in suol- order as the Issuer shall determine , on any interest payrent date on or after February 1 , 1996, at par and accrued interest plus a preriur as follows 2% of the principal amount of each bond or portion thereof called for redemption on or after February 1, 1996, but prior to February 1, 1998; 1% of the principal amount of each bond or portion thereof called for redemption on or after February 1, 1998, 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 holders of bonds to be redeemed by mailing of such notice not less than thirty (30) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the Issuer No further interest payable on the bonds called for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided the Issuer has money available for such redemption This bond is transferable only upon the books of the Issuer kept for that purpose at the office of the transfer 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 cl_ly executed by the registered owner or his attorney duly azthorized 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 In case of insufficiency of said special assessment collections, this bond is payable as a 22956 first budget obligation out of the general funds of the tm Issuer, including the collection of a-y ad valorem taxes which the Issuer is authorized to levy, s..b;ect to constitu- tional , charter and statutory tax rate limitations It is hereby certified and recited that all acts, conditions and things required by law pre:edent 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 Issuer, 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 or a facsimile thereof to be printed hereon, all as of the Date of Original Issue to CITY OF LIVONIA By r.ayor (SEAL) Countersigned City Clerk Treasurer 22957 ( FORM OF TRANSFER AC ' S CERTIFICATE OF AUTHENTICATION) Certif::ate of Authentication This bond is one tf the bonds described in the within- mentioned resolution MANUFACTURERS NATIONAL BANK OF DETROIT, Transfer Agent By Authorized Representative 22958 8. The City having already received a Michigan Department of Treasury Order Providing Exception From Prior Approval for the issuance of the Bonds, The City Finance Director shall fix the date of sale of said Bonds and shall cause notice of sale of said 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. Said notice of sale shall be in substantially the following form• 22959 OFFICIAL NOTICE OF SALE lagsCITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN $1 , 545, 000 1986 SPECIAL ASSESSMENT LIM:TED TAX BONDS SEALED BIDS for the purchase of the a5cve bonds will be received by the undersigned at the City Clerk' s Office in the City Hall located at 33000 Civic Center Drive, Livonia, Michigan 48154, on , the day of 1986, until o' clock p m. , Eastern Standard 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 offices of Municipal Advisory Council of Michigan, 1158 First National Building, Detroit, Michigan 48226 . The bonds will be awarded to the successful bidder no later than o' clock p m , Eastern Standard Time on that date . BOND DETAILS Bonds will be registered bonds of the denomination of $5, 000 or multiples thereof up to the amount Is of a single maturity, dated December 1 , 1986, numbered in order of authentication from 1 upwards and will bear interest from their date payable on February 1, 19E", and semiannually thereafter The bonds will mature on the 1st day of February as follows $ 20, 000 - 1987; 150, 000 - 1988 to 1991, inclusive, 125, 000 - 1992 to 1996, inclusive; 100, 000 - 1997; 50,000 - 1998 to 2001, inclusive. INTEREST RATE AND BIDDING DETAILS: Bonds shall bear interest at a rate or rates not exceeding 10% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or both The interest on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate The difference between the highest and lowest interest rate on the bonds shall not exceed four percent (4%) per annum No proposal for the purchase of less than all of the bonds or at a price less than 98% of their par value will be considered. PRIOR REDEMPTION Bonds of this issue maturing in the years 1987 to 1996, inclusive, are not subject to redemption prior to maturity. 22960 10 Bonds or portions of bonds maturing :n te years 1997 to 2001 , inclusive, shall be subject tc rede-ption prior to maturity, at the option of the City, :n s.::h order as the City shall determine, on any interest payrent date on or after February 1 , 1996, at par and ac:rued interest plus a premium as follows 2% of the principal amount of each bond or portion thereof called for redemption on or after February 1, 1996, but prior to February 1, 1998 1% of the principal amount of each bond or portion thereof called for redemption on or after February 1, 1998, but prior to maturity Thirty days notice of the call of any bonds for redemption shall be given by first class mail by the transfer agent to each registered owner of the bonds Bonds so called for redemption shall not bear interest after the date fixed for redemption provided funds are on hand with the transfer agent to redeem said bonds In case less than the full amount of an outstanding bond is called for redemption, the transfer agent upon presen- tation 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 TRANSFER AGENT AND REGISTRATION Principal shall be payable at Manufacturers National Bank of 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 public improvements in various Special Assessment Districts in the City, as set forth in the bond-authorizing resolution 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 :istrict is limited as to amount as set forth in the bond-a_thorizing resolution The bonds will pledge the limited tax full faith and credit of the City as additional security for payment of principal 22961 and interest Pursuant to such pattge , should special L assessment collections be insufficient the City shall be obligated to pay the principal of and interest on said bonds as a first budget obligation from its general funds, including the collection of any ad va .:rerr taxes which the City is authorized to levy, but an} 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 $30, 900 drawn upon an incorporated ban). or trust company and payable to the order of the Treasure: 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 tae 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 spec:fied in the bid, the total dollar value of all interest on the bonds from 1 , 1987, to their maturity a deducting therefrom any premium or adding thereto any disco_rt LEGAL OPINION: Bids shall be ccmditioned 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 the bonds, 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 approving opinon as to validity of the above bonds, Miller, Canfield, Padd:ck and Stone has not been requested to examine or review ant has not examined or reviewed any financial documents, stetements or materials that have been or may be furnished it connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinicn with respect to the accuracy or completeness of any such financial documents, statements or materials 22962 DELIVERY OF BONDS The City will furnish bonds ready for trim execution at its experse Bonds will be delivered without expense to the purchaser at Detroit, Michigan, Chicago, Illinois, New York, New York, 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 Standard Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw 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 the bonds issued at least 5 business days after sale of the bonds, the bonds may 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 , the bonds will be exempt from taxation in the State of Michigan and from Federal income tax, subject, in both cases, to certain exceptions described in bond counsel ' s opinion The bonds will not be private activity bonds The bonds will not be designated as "qualified tax exempt obligations" for purposes of deduction of interest by financial institutions CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed on said bonds, but neither the failure to print such numbers on any bonds nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for said bonds in accordance with terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers on said bonds shall be paid for the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by 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 NASH Clerk City of Livonia 22963 10. There shall be established and maintained a fund to be designated 1986 SPECIAL ASSESSMENT 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 as well as sufficient bond proceeds to pay the interest accruing on the bonds until August 1 , 1987. 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 Bonds authorized by the provisions of this resolution are to be issued. The amount to be paid by each District shall not exceed the amount of Bonds allocated to the District and the interest and investment income thereon. If at any time said fund is insufficient to pay the principal of and interest on said Bonds as the same becomes 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 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 1986 SPECIAL ASSESSMENT CONSTRUCTION FUND, into which shall be placed the proceeds of sale of the Bonds, except for capitalized and accrued interest and 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 13. 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 McCann, seconded by Councilman Feenstra, and unanimously adopted, it was 11125-86 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. WHEREAS, the cost of the Improvements is estimated to be Five Million Forty-one Thousand Two Hundred Dollars ($5,041 ,200) , and WHEREAS, to finance part of the cost of the liw Improvements the City Council deems it necessary to borrow the sum of One Million Fifty Thousand Dollars ($1 ,050,000) and issue bonds therefor as authorized by the provisions of Act 175, Public Acts of Michigan, 1952, as amended ("Act 175") 22964 low the remaining cost of the Improvements to be defrayed from other funds legally available therefor; 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 Fifty Thousand Dollars ($1 ,050,000) 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 1986 MICHIGAN TRANSPORTATION FUND BONDS and shall consist of bonds registered as to principal and interest of the denominations of any multiple of $5,000 up to the amount of a single maturity numbered consecutively in order of registration of transfer. The Bonds will be dated as of December 1 , 1986 and be payable on July 1st of each year as follows $ 25,000 - 1989 to 1992, inclusive, 75,000 - 1993, 50,000 - 1994 and 1995, 125,000 - 1996 and 1997, 50,000 - 1998, 150,000 - 1999 and 2000, 175,000 - 2001 . The Bonds shall bear interest to be determined at public sale but not to exceed ten percent (l0%) per annum The Bonds will be subject to redemption and will be payable in the manner set forth in paragraph 9 hereof. 5. The 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 bear the actual or a facsimile 22965 lbw of the City seal . No Bond of this series shall be valid until authenticated by an authorized officer of the transfer agent. The Bonds shall be delivered to the transfer agent for authentication and be delivered by him to the purchaser in accordance with instructions from the Treasurer 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 to time thereafter as necessary, be delivered to the transfer agent for safekeeping 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. The date of determination of 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 tre main office of 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 appropriation of the amount necessary to pay the principal 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 depository account, to be designated 1986 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 MTF Construction Fund into which bond proceeds less accrued interest and premium, if any, shall be deposited which account shall be used to pay the costs of constructing said street improvements. 22966 Iwo 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 insufficiency from such resources as are lawfully available to it. 9. The Bonds shall be in substantially the following form. 22967 ImoUNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1986 MICHIGAN TRANSPORTATION FUND BOND Date of Date of Original Interest Rate Maturity Issue CUSIP July 1 , December 1, 1986 1,0 Registered Owner Principal Amount Dollars 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 Date of Maturity specified above, unless prepaid prior thereto as hereinafter provided, 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, 1987 and semiannually thereafter Principal of this bond is payable at the corporate trust office of Manufacturers National Bank of Detroit, in 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 [ft the registered address 22968 im This bond is one of a series of binds of even date and like tenor, except as to denomination, rate of interest and date of maturity, aggregating the princi;a1 sum of $1 , 050, 000 issued for the purpose of defraying ;art of the cost of street improvements in the City ir accordance with a resolution duly and regularly adopted t/ the City Council of said City on November 19, 1986 pursuant to the provisions of Act 175, Public Acts of Michigan, 1952 , as amended Bonds of this issue maturing in tie years 1989 to 1996 shall not be subject to redemption prior to maturity. Bonds or portions of bonds of this issue maturing in the years 1997 to 2001, inclusive, shall be s--bject to redemption by the City prior to maturity, in such order as the City shall determine, on any interest payrent date on or after January 1, 1997, at par and accrued interest plus a premium as follows 2% of the principal amount of each bond or portion thereof called for redemption on Cr after January 1 , 1997, but prior to maturity. In case less than the full amount cf an outstanding bond is called for redemption the transfer agent upon presentation of the bond called in part for reder;:tion shall register, authenticate and deliver to the registered owner a new bond in the principal amount of the portior :f the original bond not called for redemption Notice of redemption shall be g:-:en by the transfer agent to the holders of any bond or p:rtiOn thereof to be redeemed by mailing of such notice not :ess than thirty (30) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City. No further interest payable on any bond or portion thereof called for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided the Cit-1 has money available for such redemption with the transfer agent. 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 (the "F-nd" ) , or in case of insufficiency of the Fund 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 im principal of and interest on this bond and the series of bonds of which this is one from moneys derived from the Fund which have not been theretofore specifically allocated and 22969 impledged for the payment of indebtedness The bonds of this issue are of equal standing and priority of lien as to the moneys derived from the Fund with certain outstanding bonds of the City and the City has further reserved the right to issue additional bonds payable from moneys derived from the Fund 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 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 a-thorized in writing, and thereupon a new registered bond Cr bonds in the same aggregate principal amount and of the sa-e maturity shall be issued to the transferee in exchange therefor as provided in the resolutions authorizing the bonds, and upon the payment of the charges, if any, therein prescribed. 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 dcne, exist and happen, precedent to and in the issuance of said series of bonds of which this is one, in order to make then valid and binding obligations of said 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 said City, including the series of bonds of which this is one, does not exceed any constitutional, charter or statutory 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 22970 facsimile signatures of its Mayor, it! Zity Clerk and its City Treasurer and a facsimile of t:.f. City seal to be imprinted hereon, all as of the Date of :::ginal Issue CITY OF L:':2,IA By y__1 or (Seal ) And. By City Clerk By City Treasurer 22971 ( FORM OF TRANSFER AGENT' S CERTIFICATE OF AUTHENTICATION) Certificate of Authentication This bond is one of the Bonds described in the within- mentioned resolution MAN17FACTURERS NATIONAL BANK OF DETROIT Transfer Agent By Authorized Signer 22972 10. The City hereby covenants to comply with the requirements of the Internal Revenue Code of 1986 11 . The City Clerk shall cause notice of sale of the Bonds to be published in the Bond Buyer, New York, New York, or the Michigan Investor, Detroit, Michigan, 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. 12. A copy of this resolution shall be published in the Observer-Eccentric, Livonia, Michigan, once before this resolution becomes effective. 13. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. 22973 EXHIBIT A Proposed Construction, Road or Drainage, Base, Surface, Street Name Termini Width and Type Munger Middlebelt to 22 ' wide, 4" thick asphalt 650' West on existing gravel roadway Parkville 7 Mile to Morlock 31 ' wide b/b, 7-1/2" thick Bretton Middlebelt to full-depth asphalt with Parkville conc curb & gutter and St Martins Middlebelt to storm sewers 300' E of Parkville Vassar Parkville to 300' E of Parkville Alexander 5 Mile to Jamison Weyher 7 Mile to 1900' North St Martins Weyher to 300' West Vassar Weyher to 300' West Sunburg 5 Mile to Jamison im Curtis Farmington to Fairfield 28' wide, 7-1/2" thick full-dept asphalt with mountable asphalt curbs Hoy Henry Ruff to Melvin Munger 650' West of Middlebelt to Henry Ruff Oporto Munger to 6 Mile Shadyside 7 Mile to Curtis Westmore 7 Mile to Curtis 22 ' wide, 4" thick asphalt Clarita Farmington to on existing roadway 150' E of Shadyside Pickford Farmington to 150' E of Shadyside Fairfield 6 Mile to Curtis Rougeway 6 Mile to Inkster Whitcomb Rougeway to Inkster Bassett Ann Arbor Tr. to 1000' N Milburn Pembroke to 130' S of Gable Bretton Sunset to Flamingo Haldane Sunset to Flamingo Gable Sunset to Flamingo 22974 IftSt Martins Sunset tc Y:lburn Sunset 400' N of St Martins to 200' S :f St. Martins Fairlane 5 Mile to :yndon Grantland Newburgh t: 2000' West Capitol Stark to Brewster Beacon Stark to =10' W of 22 ' wide, 4" thick asphalt Boston Post on existing roadway Boston Post Stark to 4:0' N of Beacon Wadsworth Boston Pos: to 600' W Brewster Boston POP: to Capitol Standish Boston POs= 900' W Priscilla Boston Post to Plymouth Hubbard Base Line to Pembroke Mayfield Base Line :o Pembroke Shadyside Base Line to 500' S of Norfolk Norfolk Farmington to Hubbard Pembroke Mayfield Hubbard Cavell 5 Mile to Oakley 31 ' wide b/b, 7" thick Oakley Cavell to Inkster full-depth asphalt with Howell Cavell to :50' E concrete curbs & gutters Meadowbrook Cavell tc :50' E & storm sewers Joy Road Middlebel: to Resurface with 2-1/2" of Inkster Bit Cor.: Joy Road Wayne to H:x Widen to 24' to 42 ' and resurface with 5-1/2" Bit . Conc . and placement of either 30" wide curb & gutter section or 3 ' wide bituminous or 5' wide aggregate shoulder Plymouth Ann Arbor to Eckles Resurface with 3" to 4" Eckles Plymouth t: of Bit Conc Schoolcrafz 22975 On a motion by Councilman McCann, seconded by Councilman Feenstra, and LI unanimously adopted, it was #1126-86 WHEREAS, by resolution adopted November 19, 1986, the City Council authorized the issuance and sale of One Million Fifty Thousand Dollars ($1 ,050,000) 1986 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• 22976 OFFICIAL NOTICE OF SALE $1 , 050, 000 City of Livonia County of Wayne, State of Michigan 1986 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 33000 Civic Center Drive, Livonia, Michigan 48154, on , the day of 1986, until o' clock p m , Eastern Standard 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 EJilding, Detroit, Michigan 48226 The bids will be awarded to the successful bidder no later than p m on that date BOND DETAILS Said bonds will be fully-registered bonds of the denomination of $5, 000 each, or m--ltiples up to the amount of a single maturity, dated December 1 , 1986, numbered in direct order of registration of transfer from 1 upwards and will bear interest from their date payable on July 1 , 1987, and semiannually thereafter Saids bonds will mature on the 1st day of July of each year in the amounts, as follows Amount Years $ 25, 000 1989 to 1992, inclusive, 75 , 000 1993; 50, 000 1994 and 1995, 125, 000 1996 and 1997, 50, 000 1998; 150, 000 1999 and 2030, 175, 000 2001 INTEREST RATE AND BIDDING DETAILS : The bonds shall bear interest at a rate or rates not exceeding 10% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 Ir 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 22977 imhighest and lowest interest rate on the bonds shall not exceed 4% per annum. No proposal for the purchase of less than all of the bonds or at a price less than 98% of their par value will be considered PRIOR REDEMPTION: Bonds of this issue maturing in the years 1989 to 1996, inclusive, are not subject to redemption prior to maturity Bonds of this issue, or portions thereof in multiples of $5, 000, maturing in the yesr 1997 and thereafter may be redeemed at the option of the C:.ty, in such order of maturity as the City shall determine an: within any maturity by lot, on any interest payment date cn or after January 1 , 1997 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 b:nd or portion thereof called for redemption on or after January 1 , 1997, but prior to maturity In case less than the full amount cf an outstanding bond is called for redemption the transfer a7ent upon presentation im of the bond called in part for redemTtion shall register, authenticate and deliver to the registered owner a new bond of the same maturity and in the prin:ipal amount of the portion of the original bond not called for redemption Notice of redemption shall be c_ven by the transfer agent to the holders of any bond or p:rtion thereof to be redeemed by mailing of such notice not _ess than thirty (30) days prior to the date fixed for redemp:ion to the registered owner at the address of the registered :wner as shown on the registration books of the Issuer No further interest payable on any bond or portions thereof :ailed for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided that funds are on hand with the transfer agent for such retemption TRANSFER AGENT AND REGISTRATION Prin: .pal and interest shall be payable at Manufacturers Nati:nal Bank of 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 azy change in transfer agent Interest shall be paid by check mailed to the owner as shown by the registration books of the City 15 days prior to any interest payment date The books will be transferable only upon the registration books of the Issuer kept by the transfer agent 22978 PURPOSE AND SECURITY The bonds are t:. be issued pursuant to the provisions of Act 175, Public Acts of Michigan, 1952 , as amended (the "Act" ) , for the purpose cf defraying part of the cost of constructing street improNeren_s in the City, and are issued in anticipation of MichigLn :.ransportation Fund (the "Fund" ) payments from the Statt cf Michigan to be received by the City The bonds, hoti.e er, are not general obligations of the State of Michigan =he bonds will pledge the limited full faith and credit of he City as additional security for payments of the principal and interest thereon The bonds are of equal standing and }r:crity of lien as to the Fund payments with certain outstanding bonds issued pursuant to the Act If the payments :ror the said Fund are insufficient to pay the principal of and interest on the bonds, then the City is obligated to rake such payments as a first budget obligation from its genera: funds, including any collections of ad valorem taxes, but the ability of the City to levy such taxes is subject to charter, statutory and Constitutional limitations 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 bank-..ptcy laws or other creditor' s rights legislation now existing or hereafter im enacted GOOD FAITH A certified or cashier' s =heck in the amount of $21 , 000, drawn upon an incorporated ban- c: trust company and payable to the order of the Treasure= of the City must accompany each bid as a guarantee of c:od faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails t: take up and pay for the bonds No interest shall be allo.ed 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 a.arded 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 , 1987 to their maturity and deducting therefrom any premium and adding thereto any disc:-nt LEGAL OPINION Bids shall be conditioned upon the unqualified approving opinion of Mills:, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of each bond, and Irom the original of which will be furnished without expense to the purchaser of the bonds at the deliver} thereof The fees of Miller, Canfield, Paddock and Stone for services rendered 22979 imp in connection with such approving opir._cr. are expected to be paid from bond proceeds Except to the extent necessary to issue their unqualified opinion as tc the 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 it connection with the authorization, issuance or marketing cf 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, New York, New York 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 fir delivery by twelve o' clock noon, Eastern Standard Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of cancellation, in writing, c- the undersigned in which event the City shall promptly :et..rn the good faith deposit Accrued interest to the date cf delivery of the bonds shall be paid by the purchaser at the time of delivery Payment for the bonds must be made in =mediately 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 p:.rchaser TAX EXEMPTION In the opinion of bora counsel, the bonds will be exempt from taxation in the State of Michigan and from Federal income tax, subject, in b:th cases, to certain exceptions described in bond counsel ' s cpir4on The bonds will not be private activity bonds The bonds will not be designated as "qualified tax exempt obligations" for purposes of deduction of interest by financial institutions THE RIGHT IS RESERVED TO REJECT ANY OR ALI BIDS CUSIP NUMBERS. CUSIP identification n.�bers will be printed { on the bonds, but neither the failure tc print the numbers nor any error with respect thereto shall constitute cause for 22980 100 refusal by the purchaEer to accept delivery of the bonds All expenses in relat::- to the printing of CUSIP numbers on said bonds shall be pad for by the City, provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and paid for by the purchaser. ENVELOPES containing the bids should be plainly marked "Proposal for Michigan transportation Fund Bonds" Clerk, City of Livonia, Michigan 2. 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 McCann, and im unanimously adopted, it was #1127-86 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 475-82 so as to permit consideration of several items that do not appear on the agenda On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #1128-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated July 2, 1986, and the report and recommendation of the Chief of Police dated September 22, 1986 in connection therewith, and having also considered a letter from the Mile Road Beautification Committee dated November 10, 1986, approved for submission by the Mayor Pro Tem, the Council does hereby approve of the request from Lillian Bushamie, stockholder in BLE, Inc , to transfer all stock interest in 1986 Class C Licensed Corporation from Existing stockholder, Joseph F Bushamie, Jr. , to a new stockholder, Lillian Bushamie, for a business located at 27873-27885 Plymouth Road, Livonia, Michigan, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commmission 22981 16. On a motion by Councilman Bennett, seconded by Councilwoman McCotter, and unanimously adopted, it was 0129-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated October 2, 1986, and the report and recommendation of the Chief of Police dated November 14, 1986 in connection therewith, the Council does hereby approve of the request from Aurelia Ioannou, Nicholas Ioannou, Nicholas A. Ioannou and Sylvia L. Ioannou, stockholders in N.A.N.S. I. Corporation (a Michigan Corporation) to transfer ownership of a 1986 SDD-SDM License, for a business known as The Wine Castle, located at 33415 Seven Mile, Livonia, Michigan 48152, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution tc the Michigan Liquor Control Commission. On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was RESOLVED, that the City Council hereby requests that the City Clerk and the City Attorney prepare the necessary documents and put into motion the procedure for calling a Special Election, of which the Primary Election is to be held no later than Tuesday, February 24, 1987 and the Genera' Election no later than Tuesday, April 28, 1987, the objective being to set the dates as early as possible in 1987 in accordance with the City Charter and State Law and with a filing deadline of December 31 , 1986. Council President Bishop relinquished the Chair at 9:05 P.M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ochala, McCotter NAYS: Feenstra, McCann, Bishop, Taylor. The Vice President declared the resolution denied The President resumed the Chair at 9:18 P.M. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #1130-86 RESOLVED, that in accordance with the provisions 16. 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 22982 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, January 5, 1987 at 7:30 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 86-10-1-43, submitted by William Roskelly for a change of zoning of property located South of Seven Mile Road between Wayne and Laurel Roads in the Northwest 1/4 of Section 9 from RUFB to R-4B, the City Planning Commission in its resolution 11-285-86 having recommended to the City Council that Petition 86-10-1-43 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 amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the ime districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Feenstra, seconded by Councilman McCann, it was #1131-86 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated November 19, 1986 with regard to Workers' Compensation Insurance proposals for fiscal 1987, the Council does hereby accept the proposal of the Michigan Municipal Workers' Compensation Self-Insurer' s Fund, care of Yeager and Company, Inc. , 21301 Civic Center Drive, Southfield, MI 48076, for providing the City with Workers' Compensation Insurance for the period December 1 , 1986 through July 1 , 1987 for a total cost of $301 ,981 ; and the Council does hereby determine and authorize the foregoing without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions of Section 3.04 140.D.2 of the Livonia Code of Ordinances, as amended. 22983 On a motion by Councilman Ochala, seconded by Councilman Bennett, it was RESOLVED, that the subject of the Workers' Compensation Insurance coverage for fiscal year 1987 be referred to the Committee of the Whole for report and recommendation. A roll call vote was taken on the motion to refer with the following result. AYES: Bennett, Ochala, Bishop. NAYS: Feenstra, McCann, Taylor, McCotter. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Feenstra, McCann, Taylor, Bennett, McCotter, Bishop. NAYS: Ochala. The President declared the resolution adopted. lio On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, this 1 ,092nd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:35 P.M , November 19, 1986 Robe F. Nash, City Cler