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HomeMy WebLinkAboutCOUNCIL MINUTES 1985-10-09 21991 illw MINUTES OF THE ONE THOUSAND AND SIXTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 9, 1985, 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 approximately 8:00 P.M. Councilman Taylor delivered the invocation. Roll was called with the following result: Robert R. Bishop, Gerald Taylor, Robert D. Bennett, Peter A Ventura, Robert E. McCann, Fernon P Feenstra and Alice Gundersen. 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; G. E. Siemert, City Engineer, Barney Knorp, Fire Chief, Russell A. Gronevelt, Director Lbw)f Public Works, Edith Davis, Personnel Director; Suzanne Wisler, Director of Community esources, Marilyn Kazmer, Director of the Department of Legislative Affairs, Michael Reiser, Facility Maintenance Supervisor and Jeanne Treff, Program Supervisor of Cable Television. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #894-85 RESOLVED, that the minutes of the 1 ,063rd Regular Meeting of the Council of the City of Livonia, held September 30, 1985, are hereby approved. On a motion unanimously introduced, supported and adopted, it was #895-85 WHEREAS, the members of the Livonia City Council have learned with great sorrow of the death of Jack Salvadore; and WHEREAS, he served with distinction as a member of the Livonia City Council from 1958-1962 and from 1966-1968; and lw• WHEREAS, during the course of his service on the Council , Jack Salvadore gave unstintingly of himself to promote the welfare 21992 10, of the public and the development of this City and exhibited those qualities of dedication, loyalty and integrity which personify an effective public official ; and WHEREAS, he faithfully served the City of Livonia as a member of the Civil Service Commission, as a member of the Racing Commission, and also as a volunteer counselor in the Probation Department of the 16th District Court; and WHEREAS, he will be sorely missed by his many friends and associates, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of the City of Livonia deem it fitting at this time to record their sorrow upon the passing of a respected public official and friend and to join with his family and the community in mourning the loss of Jack Salvadore. The following resolutions were offered by Councilman Bennett and seconded by Councilman Feenstra: #896-85 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated September 17, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby approve a one (1 ) year extension of the agreement previously authorized in Council Resolution 874-84, adopted on October 24, 1984, for City Hall elevator service maintenance with Schindler Elevator Corporation, 1409 G Allen Drive, Troy, Michigan 48083-4092, based upon an adjusted monthly rate of $578 81 , and the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.5. of the Livonia Code of Ordinances, as amended #897-85 RESOLVED, that having considered a letter from Denise Kralowski , 15770 Golfview, Livonia, Michigan 48154, dated September 17, 1985, wherein a request is submitted for a waiver of exhibitors ' fees in connection with conducting an Arts and Crafts Show on Friday, November 8, 1985, in the parish hall of St. Edith Catholic Church, and which also requests permission to place three (3) outdoor signs, 3' x 4' , at the following locations: A. In front of St. Edith Catholic Church, B. At the Northwest corner of Six Mile and Newburgh; and C. At the Southeast corner of Five Mile and Farmington Roads; Im. the Council does hereby grant and approve these requests in the manner and form herein submitted. 21993 Iwo #898-85 RESOLVED, that having considered a letter from Avedis Samarian, of the Livonia Jaycees, P.O. Box 2039, Livonia, Michigan 48151 , received by the office of the City Clerk on October 1 , 1985, wherein a request is submitted for permission to allow the Livonia Jaycees to hold their annual haunted house at the Wonderland Shopping Center from October 18, 1985 to October 30, 1985, and to waive all fees involved in connection with this event, the Council does hereby grant and approve this request in the manner and form herein submitted, including the times and hours detailed in the aforesaid communication. #899-85 RESOLVED, that having considered a communication from the Mayor dated September 18, 1985, to which is attached a list of items of non-compliance and/or non-fulfillment by Metrovision of Livonia with respect to the Livonia Cable Television Franchise Agreement, and having also considered a communication from the Mayor dated September 23, 1985 which recommends the employment of an outside consultant to evaluate franchise compliance, the Council does hereby refer these items to the Committee of the Whole for its report and recommendation. #900-85 RESOLVED, that having considered the report and recommendation of the Planning Director, Director of Public Works and the Director of Finance dated September 12, 1985, and which is approved for submission by the Mayor, with regard to the need for funds to purchase a vehicle for use by an additional field inspector, the Council does hereby appropriate the sum of $875 from the Equipment Rental Account #205-525-943-000.000 to be transferred to Capital Outlay Account #205-525-987.000.000 for this purpose. #901-85 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 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 Council of the City of Livonia on Monday, November 18, 1985 at 8.00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1 ) Petition 85-8-6-4, submitted by the City Planning Commission to amend Section 9 05 of Zoning Ordinance #543 relating to side yard requirements in the waiver use section of the P.S. Zoning Districts, the City Planning Commission in its resolution 9-211-85 having recommended to the City Council that Petition 85-8-6-4 be approved; lbw (2) Petition 85-8-1-21 , submitted by Joseph and Esther Crenshaw for a change of zoning of property located on the north side of Seven Mile Road between Middlebelt and Inkster Roads in the Southeast 1/4 of Section 1 from C-1 and R-1 to C-2, the City Planning Commission 21994 ime in its resolution 9-205-85 having recommended to the City Council that Petition 85-8-1-21 be approved, (3) Petition 85-8-1-22, submitted by Krsto Djordjevic for a change of zoning of property located on the east side of Middlebelt Road between West Chicago and Joy Road in the Southwest 1/4 of Section 36 from P.S. to C-3, the City Planning Commission in its resolution 9-206-85 having recommended to the City Council that petition 85-8-1-22 be denied, and (4) Petition 85-8-1-23, submitted by Robert A. Rainko for a change of zoning of property located on the east side of Farmington Road, south of Eight Mile Road in the Northwest 1/4 of Section 3, from R-3A to P. , the City Planning Commission in its resolution 9-207-85 having recommended to the City Council that Petition 85-8-1-23 be denied, Further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or Imw (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result AYES Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop. NAYS: None. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance• Imp AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 85-5-3-5) 21995 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, 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 ARTICLE XVIII OF ORDINANCE NO. 543 OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SECTION 18.51 THEREOF. (Petition 85-6-6-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop. IwoNAYS: None. The President declared the Ordinance duly adopted and would become effective on publication. Councilwoman Gundersen gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6 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 85-5-1-12) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 21996 #902-85 RESOLVED, that having considered the report and recommendation of the Fire Chief dated September 12, 1985, which bears the signature of the Director of Finance, is approved by the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers for supplying the Fire Department with 100 work shirts and 100 work pants at a cost of $24.00 each, the same having been in fact the lowest bid received which meets all specifications. A roll call vote was taken on the foregoing resolution with the following result. AYES• Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop. NAYS None. On a motion by Councilwoman Gundersen, seconded by Councilman Taylor, it was #903-85 RESOLVED, that having considered the report and recommendation of the Fire Chief dated September 12, 1985, which bears the signature of the Director of Finance, is approved by the Director of Public Safety and is approved for submission by Lows the Mayor, the Council does hereby accept the bid of Curtis Builders, Inc. , 37517 Grantland, Livonia, Michigan, for painting Fire Stations #1 (with headquarters) , #3, #5 and #6 (with garage), for the price of $28,735, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $28,735 from the 1968 Fire Department General Obligation Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES. Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen, Bishop NAYS. None. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was RESOLVED, that having considered a communication from the City Assessor dated September 25, 1985, approved for submission by the Mayor, with regard to a request from Robert Goodman of Goodman Building Company, 2051 Woodward, Berkley, Michigan 48072, and in accordance with the provisions of 1967 PA 288, as amended, imeias well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division of Tax item No. 46 010 01 0083 000 (03a83) would not be contrary to the spirit and purpose of the aforesaid ordinance 21997 ibm and does, accordingly, approve of dividing the same into three (3) parcels, the legal descriptions of which shall read as follows: PARCEL I Lot 83 except the east 270.00 feet thereof of Folker's Farmington Acres, being a subdivision of part of the N.W. 1/4 of Section 3, T. 1 S. , R. 9 E. , Livonia Township, (now City of Livonia) Wayne County, Michigan, Rec'd Liber 61 , Page 90 W.C.R. Also known as the west 165.60 feet of Lot 83. PARCEL II The west 135.00 feet of the east 270 00 feet of lot 83 of Folker's Farmington Acres, being a subdivision of part of the N.W. 1/4 of Section 3, T. 1 S. , R. 9 E. , Livonia Township, (now City of Livonia) Wayne County, Michigan. Rec'd Liber 61 , Page 90, W.C.R. PARCEL III The east 135.00 feet of Lot 83 of Folker's Farmington Acres, being a subdivision of part of the N.W. 1/4 of Section 3, T. 1 S. , R. 9 E. , Livonia Township, (now City of Livonia) Wayne County, Michigan. Rec 'd Liber 61 , Page 90, W.C.R. Las shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result. AYES. Taylor, Ventura, Gundersen. NAYS: Bennett, McCann, Feenstra, Bishop. The President declared the resolution denied. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #904-85 RESOLVED, that having considered a communication from the City Assessor, dated September 25, 1985, approved for submission by the Mayor, with regard to a request from Robert Goodman of Goodman Building Company, 2051 Woodward, Berkley, Michigan 48072, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the liw Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Item No. 46 010 01 0083 000 (03a83) into three (3) parcels since the same would be in violation of the City's Zoning Ordinance and Law. _ _ 21998 On a motion by Councilman Ventura, seconded by Councilman Taylor, it was RESOLVED, that having considered a communication from the City Assessor, dated September 25, 1985, approved for submission by the Mayor, with regard to a request from Robert Goodman of Goodman Building Company, 2051 Woodward, Berkley, Michigan 48072, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby determine to refer the request for dividing Tax item No 46 010 01 0083 000 (03a83) into three (3) parcels to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the motion to refer with the following result: AYES: Taylor, Ventura, Gundersen. NAYS: Bennett, McCann, Feenstra, Bishop. The President declared the motion to refer denied. A roll call vote was taken on the resolution to deny with the following result: AYES: Taylor, Bennett, McCann, Feenstra, Bishop. NAYS: Ventura, Gundersen. The President declared the resolution to deny duly adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #905-85 RESOLVED, that having considered a communication from the City Planning Commission, dated August 19, 1985, which sets forth its resolution 8-173-85 adopted on August 13, 1985, with regard to Petition 85-7-2-24 submitted by Marion Curtis Morgan requesting waiver use approval to utilize an SDD License within an existing party store located on the south side of Plymouth Road between Middlebelt and Garden in the Northwest 1/4 of Section 36, which property is zoned C-2 and the Council having conducted a public hearing with regard to this matter on October 2, 1985, pursuant to Council Resolution 758-85, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 85-7-2-24 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. 21999 On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was 1906-85 RESOLVED, that having considered a communication from the Executive Assistant to the Mayor dated September 17, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a $150 cash donation from the Drusilla Farwell Foundation, the purpose of which is to purchase books. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was 1907-85 RESOLVED, that having considered a communication dated September 27, 1985, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as• Grant of Easement dated September 24, 1985, executed by Walter E. and Stella J. Cyburt, his wife, for The South 12 feet of the following parcels of land Lot 158 and Lot 167, Brightmoor Home Acres Subdivision, as recorded in Liber 51 , Page 1 , Wayne County Records, said subdivision being a part of the S.W. 1/4 of Section 15, T.1S. , R.9E, Livonia Township (now City of Livonia), Wayne County, Michigan. 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 Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 1908-85 RESOLVED, that having considered a communication dated September 30, 1985, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated September 6, 1985, executed by Michael J. Ferrera, Trustee, Augustine Ferrera, Trustee, Michele 22000 Ferrera, Trustee, Lee S. Lasser, Trustee, of Industrial Development Company, for: A 20 foot storm sewer easement being part of the South 1/2 of Section 30, T. 1S, R.9E, City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 89°31 '40" East 831 .90 feet and S 00°07'00" West 1100.06 feet and S 74°19'20" East 680.62 feet and N 00°15'20" East 62.21 feet from the West 1/4 corner of Section 30, T.1S. , R.9E. and proceeding thence N 00°15'20" East 20.74 feet, thence S 74°19'20" East 91 .97 feet; thence S 00°15'20" West 20.74 feet, thence N 74°19'20" West 91 .97 feet to the point of beginning 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 Councilman McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #909-85 RESOLVED, that having considered a communication dated October 1 , 1985, from the Department of Law transmitting for Council acceptance two Grants of Easement, more particularly described as. (1 ) Grant of Easement dated July 17, 1985, executed by Floyd Wieland and Thomas L. Hitz of Apostolic Christian Woodhaven, A Michigan Non-Profit Corporation, for: Part of the S.E. 1/4 of Section 14, T.1S, R.9E, City of Livonia, Wayne County, Michigan, described as• Beginning at a point on the south line of Wentworth Drive, 60 ft. wide, distant S 1 °11 '00" West 693.60 feet along the east line of said Section 14, and N 88°39'30" West 1024.95 feet from the East 1/4 corner of Section 14, T.1S, R.9E. , thence S 1°11 '00" West 46.37 feet; thence S 56°48'40" East 113.09 feet, thence S 0°26'30" East 146.98 feet, thence S 48°15'40" West 54.72 feet, thence S 1 °17'10" West 40.82 feet, thence N 88°39'30" West 12.00 feet along the north line of the City of Livonia Park Site, which line is also the south line of the Apostolic Christian Home of the Aged site, thence N 1°17 '10" East 46.02 feet, thence N 48°15'40" East 54.51 feet, thence N 0°26'30" West 135.14 feet, thence N 56°48'40" West 113.33 feet, thence N 1°11 '00" East 53 07 feet; thence S 88°39'30" East 12.00 feet along the south line of Wentworth Drive to the point of beginning. 22001 AND (2) Grant of Easement dated September 18, 1985, executed by Floyd Wieland and Thomas L. Hitz of Apostolic Christian Woodhaven, A Michigan Non-Profit Corporation, for: Part of the S.E. 1/4 of Section 14, T.1S, R.9E, City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the south line of Wentworth Drive, 60 ft. wide, distant S 1°1100" West 693.60 feet along the east line of said Section 14, and N 88039'30" West 898 95 feet from the East 1/4 corner of Section 14, T.1S, R.9E. ; proceeding thence S 1°11 '00" West 250.05 feet; thence N 88°49'00' West 67.50 feet, thence S 1°17'10" West 80.53 feet, more or less; thence N 88°39'30" West 153.00 feet along the north line of the City of Livonia Park Site, which line is also the south line of the Apostolic Christian Home of the Aged site; thence N 1°17'10" East 20.00 feet, thence S 88°39'30" East 125.50 feet; thence N 1°17'10" East 80.53 feet; thence S 88°49'00" East 67.50 feet; thence N 1°11100" East 230.11 feet; thence S 88°39'30" East 20.00 feet along the south line of Wentworth Drive to the point of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants 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 Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #910-85 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was #911-85 WHEREAS, various special assessment rolls (the "Rolls") hereinafter described for the construction of road improvements in special assessment districts similarly denominated have been prepared, reviewed and confirmed by the City Council ; and 22002 WHEREAS, the City Council has determined 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 Three Hundred Fifty Thousand Dollars ($1 ,350,000) (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, and follows: Special Assessment Principal Amount Roll No. Pledged 254 $ 11 ,000 255 4,000 256 568,000 257 187,000 258 190,000 259 17,000 260 54,000 lio 261 273,000 262 46,000 The liability of each of the Rolls shall be limited to the principal amount set forth above and interest and investment income thereon. In addition to the special assessments primarily pledged, the City full faith, credit and resources shall be pledged secondarily for the prompt payment 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 1985 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 , 1985, and shall be payable annually on February 1 of each of the years as follows. lig, $ 50,000 1986; 100,000 1987 and 1988, 150,000 1989, 22003 ibm 100,000 1990, 125,000 1991 to 1995, inclusive, 100,000 1996, 25,000 1997 to 2001 , inclusive 4 The Bonds shall bear interest at a rate or rates determined on sale thereof, not exceeding thirteen percent (13%) per annum, payable on February 1 , 1986, 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 , 1985 to August 1 , 1986 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 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: 22004 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1985 SPECIAL ASSESSMENT LIMITED TAX BOND Rate Date of Maturity. Date of Original Issue: December 1 , 1985 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 Original Issue, or such later date to which interest has been paid, until paid at the Rate specified above, payable on February 1 , 1986, and semiannually thereafter. Principal of the bonds is payable at the principal iim 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 not less than 60 days prior to any interest payment date Interest is payable to the registered owner of record as of thel5th 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 ,350,000, issued in anticipation of the collection of special assessments in Special Assessment Districts Nos. 254 to 262, inclusive, of the Issuer for the purpose of paying part of the cost of road 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 bonds specifies the amount of collections pledged from each District and limits the liability of each District to such amount Bonds of this issue maturing in the years 1986 to 1995, inclusive, are not subject to redemption prior to maturity loor Bonds of this issue maturing in the years 1996 to 2001 , inclusive, shall be subject to redemption by the Issuer prior to maturity, in such order as the Issuer shall determine, on any interest payment date on or after February 1 , 1995, at par and accrued interest plus a premium as follows. 22005 iww 2% of the principal amount of each bond called for redemption on or after February 1 , 1995, but prior to February 1 , 1998; 1% of the principal amount of each bond 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 1110 registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer satisfactory to the transfer agent duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new registered bond or bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the resolution authorizing the bonds of this series, and upon the payment of the charges, if any, therein prescribed. This bond is payable out of special assessments to be collected on the lands situated in the aforesaid Special Assessment Districts. In case of insufficiency of said special assessment collections, this bond is payable as a first budget obligation out of the general funds of the Issuer, including the collection of any ad valorem taxes which the Issuer is authorized to levy, subject to constitutional , charter and statutory tax rate limitations. It is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this is one have been done, exist and have happened in regular and due time and form as required by law, and that the total indebtedness of the Issuer, including this bond and the series of bonds of which this is one, does not exceed any constitutional , charter or statutory debt limitation 22006 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. CITY OF LIVONIA By Mayor (SEAL) Countersigned City Clerk Treasurer (FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION) Certificate of Authentication This bond is one of the bonds described in the withinmentioned resolution. MANUFACTURERS NATIONAL BANK OF DETROIT, Transfer Agent By Authorized Representative 8. The City having already applied for a Michigan Department of Treasury Order Providing Exception From Prior Approval for the issuance of the Bonds, the City Finance Director shall take 22005 2% of the principal amount of each bond called for redemption on or after February 1 , 1995, but prior to February 1 , 1998; 1% of the principal amount of each bond 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 duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new registered bond or bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the resolution authorizing the bonds of this series, and upon the payment of the charges, if any, therein prescribed. This bond is payable out of special assessments to be collected on the lands situated in the aforesaid Special Assessment Districts. In case of insufficiency of said special assessment collections, this bond is payable as a first budget obligation out of the general funds of the Issuer, including the collection of any ad valorem taxes which the Issuer is authorized to levy, subject to constitutional , charter and statutory tax rate limitations. It is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this is one have been done, exist and have happened in regular and due time and form as required by law, and that the total indebtedness of the Issuer, including this bond and the series of bonds of which this is one, Ito does not exceed any constitutional , charter or statutory debt limitation. 22006 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. CITY OF LIVONIA By — Mayor (SEAL) Countersigned City Clerk Treasurer (FORM OF TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION) Certificate of Authentication This bond is one of the bonds described in the withinmentioned resolution. MANUFACTURERS NATIONAL BANK OF DETROIT, Transfer Agent By Authorized Representative 8. The City having already applied for a Michigan Department of Treasury Order Providing Exception From Prior Approval for the issuance of the Bonds, the City Finance Director shall take 22007 all other steps required to receive approval to issue the Bonds, either by the aforesaid order process or by full application for Treasury approval , and after receipt of approval 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: OFFICIAL NOTICE OF SALE CITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN $1 ,350,000 1985 SPECIAL ASSESSMENT LIMITED TAX 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 , 1985, 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 of a single maturity, dated December 1 , 1985, numbered in order of authentication from 1 upwards and will bear interest from their date payable on February 1 , 1986, and semiannually thereafter. The bonds will mature on the 1st day of February as follows: $ 50,000 1986, 100,000 1987 and 1988; 150,000 1989, 100,000 1990, 125,000 1991 to 1995, inclusive, 100,000 1996, 25,000 1997 to 2001 , inclusive. INTEREST RATE AND BIDDING DETAILS• Bonds shall bear interest at a rate or rates not exceeding 13% 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 intrest 22008 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 1986 to 1995, inclusive, are not subject to redemption prior to maturity. Bonds maturing in the years 1996 to 2001 , inclusive, shall be subject to redemption prior to maturity, at the option of the City, in such order as the City shall determine, on any interest payment date on or after February 1 , 1995, at par and accrued interest plus a premium as follows: 2% of the principal amount of each bond called for redemption on or after February 1 , 1995, but prior to February 1 , 1998. 1% of the principal amount of each bond 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. 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 road improvements in Special Assessment Districts Nos. 254 to 262 inclusive, 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 District is limited as set forth in the bond-authorizing resolution. The bonds will pledge the limited tax full faith and credit of the City as additional security for payment of principal and interest. Pursuant to such pledge, should special assessment collections be insufficient, the City shall be obligated to pay the principal of and interest of said bonds as a first budget obligation from its general funds, including the collection of any ad valorem taxes which the City is authorized to levy, but any such levy shall be subject to applicable constitutional , charter and statutory tax rate limitations. 22009 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 $27,000 drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City, must accompany each bid as guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail . AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from 1 , 198 , to their maturity and deducting therefrom any p— r m or adding thereto any discount. LEGAL OPINION Bids shall be conditioned upon the unqualified approving opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of 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 opinion as to validity of the above bonds, Miller, Canfield, Paddock and Stone has not been requested to examine or review and has not examined or reviewed any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial documents, statements or materials. DELIVERY OF BONDS The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser at Detroit, Michigan, or at such place as may be mutually agreed upon. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Daylight Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in immediately available funds. 22010 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 10 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. 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 10. There shall be established and maintained a fund to be designated 1985 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 , 1986. 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 1985 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 improvement. 22011 12. The City shall not invest, reinvest or accumulate any moneys deemed to be proceeds of the bonds pursuant to 103(c) of the Internal Revenue Code of 1954, as amended, and the applicable regulations thereunder, in such a manner as to cause the bonds to be "arbitrage bonds" within the meaning of said 103(c) and the applicable regulations thereunder. 13. The Finance Director is authorized to purchase bond insurance for the Bonds to be paid from the proceeds thereof and, in the event such insurance is provided, the Clerk is authorized to make appropriate changes in the Notice of Sale. 14. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Bennett, Ventura, McCann, Feenstra, Gundersen and Bishop. NAYS: None. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #912-85 RESOLVED, that having considered a communication from the Director of Finance dated October 8, 1985, approved for submission by the Mayor, to which is attached City of Livonia bid specifications for the period December 1 , 1985 to December 1 , 1986, the Council does hereby approve the attached specifications in the manner and form herein submitted, and it does further authorize the Director of Finance to solicit proposals with respect to the City's insurance requirements on the basis of the specifications herein approved. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #913,85 RESOLVED, that having considered a communication from the City Clerk dated October 1 , 1985, which indicates that the Rest in the Sun, Inc. , a Michigan corporation, 35762 Veri Drive, Livonia, Michigan 48154, proprietor of Bicentennial Estates Subdivision #2, situated in the Northwest 1/4 of Section 4, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval ; and the Council having received a communication from the City Planning Commission dated September 27, 1985, wherein said Commission approves the final plat for the said subdivision in its resolution 22012 9-215-85, adopted on September 24, 1985, and the Council having considered a report from the City Engineer dated September 20, 1985, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 405-85, adopted on May 22, 1985, said preliminary plat having been recommended for approval by the City Planning Commission on August 28, 1984, in its resolution 8-187-84; NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Bicentennial Estates Subdivision #2, located in the Southwest 1/4 of Section 4, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, this 1064th Regular Meeting of the Council of the City of Livonia was adjourned at 8:40 P.M. , October 9, 1985. lis "10.1441,)141/4a Robert F. Nash, City Clerk