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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-03-16 16200 MINUTES OF THE EIGHT HUNDRED FIFTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 16, 1977, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8.10 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond and Robert D. Bennett. Absent--Robert R. Bishop. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Frances Stem, Acting Deputy City Clerk, Ronald Mardiros, City Assessor, Robert Osborn, Director of Public Works; John Nagy, City Planner; G. E. Siemert, City Engineer, James P. Andres, CETA Program Administrator, William Scruggs, Planning Commission; and Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopt- ed, it was 4233-77 RESOLVED, that the minutes of the 854th regular meeting of the Council of the City of Livonia, held March 2, 1977, are hereby approved. The communication dated February 18, 1977 from the Director of Finance, transmitting various financial statements of the City of Livonia for the month ending December 31, 1976, was received and filed for the information of the Council. The communication dated February 21, 1977 from the Director of Finance transmitting various financial statements of the City of Livonia for the month ending January 31, 1977, was received and filed for the information of the Council. Councilman Ventura took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 19 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. RE• PETITION NO. 76-10-1-39 FOR CHANGE OF ZONING FROM R-1 to R-6. 16201 A roll call vote was taken on the foregoing Ordinance with the following result AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. Councilman Brown took from the table for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 33 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. RE: PETITION NO. 76-9-1-32 FOR CHANGE OF ZONING FROM RUF TO R-l. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. By Councilman Bennett, seconded byCouncilman Brown, it was 4234-77 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated February 16, 1977, approved by the Finance Director and approved for submission by the Mayor, and in accordance with the recommendation of the Parks and Recreation Commission set forth in its resolution #1337-77, adopted on February 7, 1977, the Council does hereby acdept the low bids specified in the amounts indicated as set forth in the attached "Baseball Bid Recommendations -- 1977, " the Grand Total of which is $9,532.05. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was 35-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated February 16, 1977, approved 16202 by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to accept the Unit Price Bid of Brader's Department Store, 141 E. Main Street, Northville, Mi 48167, for supplying the City with uniforms for Parks and. Golf Course personnel, in the total price of $2,470.44, the same having been in fact the lowest and only bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and. McCann. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #236-77 RESOLVED, that having considered a communication from the Director of Finance, dated. February 23, 1977, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of Gasoline from Texaco, Inc., effective February 5, 1977, at the following Unit Prices Less than 5,000 Gals. - 43.7 cents/Gallon More than 5,000 Gals. - 38.8 cents/Gallon Lead Free Less than 5,000 Gals. - 45.7 cents/Gallon Lead Free More than 5,000 Gals. - 40.8 cents/Gallon said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid com- mbuidrlicra3tciec)invd 'eanacindsumcelletasctailolnistakeilspecifications.ina accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, and all prior resolutions in conflict herewith are hereby repealed, amended, or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #237-77 RESOLVED, that having considered a communication from the Water & Sewer Board, dated. March 1, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor Pro Tem, and which transmits its resolution #WS 2164 2/77, the Council does hereby deter- mine to accept the low bid of C. J. Burke Incorporated, 36000 Mound Road, Sterling Heights, Michigan, for supplying the City (Sewer Dept. ) with one Trailer Mounted Rotary Screw Compressor for a-net total price of $5,725.00 ($6,225.00 less trade-in of $500), the same having been in fact the lowest A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. 16203 By Councilman Nash, seconded by Councilman Bennett, it was #238-77 RESOLVED, that having considered a communication from the Water & Sewer Board, dated March 1, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor Pro Tem, and which trans- mits its resolution #WS 2163 2/77, the Council does hereby determine to accept the bid of Ed Carpenter Sales, 3850 Howe Road, Wayne, Michigan, 48484, for supplying the City (Water Dept. ) with one new current model 1/2 Ton Stepside Pickup 'Duck for the net total price of $3,469.60 ($3,569.60 less trade-in of $100), the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Brown, Bennett and McCann. NAYS Raymond and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was 0239-77 RESOLVED, that having considered a communication from the Water & Sewer Board dated March 1, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor Pro Tem, and which trans- mits its resolution #WS 2162 2/77, the Council does hereby determine to accept the bid of Jerry Bielfield Company, 8333 Michigan Avenue, Detroit, Michigan 48210, for supplying the City (Sewer Dept. ), with one cab and chassis (G.V.W. 19,000 lbs), for a net total price of $6,147.18 ($6,397.18 less trade-in of $250.00), the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Bennett and McCann. NAYS Raymond and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was #240-77 RESOLVED, that having considered the communication from the Water & Sewer Board dated March 1, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor Pro Tem, and which trans- mits its resolution 0WS 2161 2/77, the Council does hereby determine to accept the bid of Tennyson Chevrolet Inc., 32570 Plymouth Road, Livonia, Michigan 48150, for supplying the City (Water Dept. ) with one new current model 1/2 Ton Vanette for a net total price of $3,861.25 ($3,986.25 less trade-in of $125.00), the same having been in fact the lowest bid received and meets A3] specifications. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Brown, Bennett and McCann. NAYS: Raymond and Ventura. The President declared the resolution adopted. 16204 By Councilman Nash, seconded by Councilman Ventura, it was #241-77 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 1, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor Pro Tem, and which transmits its resolution #WS 2165 2/77, the Council does hereby determine to accept the unit price bid of Clow Corporation, P. 0. Box 516, Bensenville, Illinois 60106 for supplying the City (Water Dept. ) with Ductile Repair Sleeves at the following prices. 40, more or less, F-1202 6" Ductile Repair Sleeves $53.10 10, more or less, F-1202 6" " w 3/4 Tap 57.06 40, more or less, F-1202 8" " 69.29 10, more or less, F-1202 8" " " " 0. 3/4 Tap 69.98 the same having been in fact the lowest bid received and meets all specifi- cations. A roll call vote was taken on the foregoing resolution with the following result. AYES• Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. By Councilman Brown, seconded by Councilman Nash, it was #242-77 RESOLVED, that having considered a communication from the Water and Sewer Board dated March 1, 1977, which bears the signature of the Finance Director, is approved by the Mayor Pro Tem, and which transmits its resolution #WS 2160 2/77, the Council does hereby determine to accept the bid of Tennyson Chevrolet Inc., 32570 Plymouth Road, Livonia, Michigan 48150; for supplying the City (Sewer Dept. ) with one 10,000 GVA Truck Chassis (Repair Truck) for the net total price of $4,234.75 ($4,534.75 less trade- in of $300.00), the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result. AYES- Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, it was #243-77 RESOLVED, that having considered a communication from the Water and Sewer Board dated March 1, 1977, which bears the signature of the Finance Director, is approved for submission by the Mayor Pro Tem, and which transmits its resolution #WS 2166 2/77, the Council does hereby deter- mine to accept the unit price bid of Morley Brothers Corporation, 501 So. Washington, Saginaw, Michigan 48605, for suppolying the City (Water Dept. ) with Type "K" Copper Water Tubing at the following prices. 5,000 Ft. more or less, 3/4" Type "K" Coper Water Tubing in 6o Ft. Rolls .5775 Ft. 16205 2,000 Ft. more or less, 3/4" Type "K" Copper Water Tubing in 100 Ft. Rolls .5775 Ft. 2,000 Ft. more or less, 1" Type "K" Copper Water Tubing in 100 Ft. Rolls .777 Ft. 2,000 Ft. more or less, 1-1/2" Type "K" Copper Water Tubing in 100 Ft. Rolls 1.281 Ft. 2,000 Ft. more or less, 2" Type "K" Copper Water Tubing in 40 Ft. Rolls 1.995 Ft. the same having been in fact the lowest bid received and meets all specifi- cations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. By Councilman Brown, seconded by Councilman Raymond, it was Y2141+-77 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 4, 1977, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, and to which is attached a communication and official bid table chart prepared by the firm of Ralls-Hamill Architects, Inc. , dated March 1, 1977, the Council does hereby accept the Unit Price Bid of Best Asphalt, Inc. of Taylor, Michigan, for constructing the west- erly parking lot and related site work in connection with the new Civic Center Municipal Building, for the estimated total cost of $1+0,230.00 based upon the Architect's estimate of units of work involved and subject to a final payment based upon the actual units of work completed in accord- ance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Council does hereby appropriate and authorize an expenditure of a sum not to exceed $40,230.00 from Federal Economic Development Administration Funds for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as completed; and the Mayor and the City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Nash, Brown, Ventura, Raymond, Bennett and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated February 1, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached a communication dated February 17, 1977 which sets forth an itemi- zation of the proposed addition to the 1976-77 Greenmead Budget, to the 16206 Parks and Recreation Budget, the Council does hereby determine to appropri- ate and authorize the transfer of a sum of $35,900.00 from the Unexpended Fund Balance Account to be reflected as additions to the 1976-77 Parks Budget as follows: Account Amount 832 Ground Maintenance $ 5,500.00 766 Tools and Supplies 1,000.00 920 Heat, Light and Water 3,500.00 818 Building Maintenance 10,000.00 853 Telephone and Alarm Service 1,400.00 970 Capital Outlay (lumber to construct rustic fence deleted) 14,500.00 $35,900.00. A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Raymond and McCann. NAYS: Brown, Bennett and Ventura. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #245-77 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated February 1, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached a communication dated February 17, 1977 which sets forth an itemi- zation of the proposed addition to the 1976-77 Greenmead Budget, to the Parks and Recreation Budget, the Council does hereby determine to refer the same to the Capital Improvement Committee for its rep9rt and recommendation. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #246-77 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated February 1, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached an itemization of the proposed addition to the 1976-77 Greenmead Budget, to the Parks and Recreation Budget, the Council does hereby request that the Parks and Recreation Commission and the Historical Commission sub- mit their respective reports and recommendations relative to the status of funds which have already been expended since the purchase of Greenmead and such funds which may be anticipated will be expended in the current year in the operation and maintenance of Greenmead, with sufficient breakdown as necessary. By Councilman Ventura, seconded by Councilman Raymond, it was 16207 4247-77 RESOLVED, that having considered a communication from the Mayor dated February 16, 1977 with regard to funds required for the moving of the Newburgh Church, the Kingsley House, and Judge Blues Courthouse, to the Historical Village being established at Greenmead, the Council does hereby determine to appropriate and authorize the expenditure of the sum of $22,317.00 from Federal Revenue Sharing Funds, previously earmarked for land acquisition in order to expand Quaker Acres, for this purpose, in addition, the Council does hereby appropriate and authorize the expenditure of the sum of $22,683 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Nash, it was 4248-77 RESOLVED, that having considered a communication from the Executive Director of Community Commission on Drug Abuse, dated February 17, 1977, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting funding for 1977, the Council does here- by determine to authorize the payment of same in the amount of $17,200. A roll call vote was taken on the foregoing resolution with the following result- AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS None. By Councilman Nash, seconded by Councilman Bennett, it was 4249-77 RESOLVED, that having considered a communication from the City Planning Commission dated February 28, 1977, approved by the Finance Director and approved for submission by the Mayor, wherein a request is submitted for a transfer of funds in order to cover cost anticipated to be incurred in connection with the 1977 ASFO Convention, the Council does hereby determine to authorize the transfer of the sum of $1800.00 from the Salaries and Wages Account #101-805-702.000.000 to the Travel and Education Account #101-805-864.015.000 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated February 22, 1977 with regard to an applica- tion for a new SDD License by Mario Fallone to be held in conjunction with 16208 1976-77 SDM License located at 19710 Middlebelt Road, Livonia, Michigan, the Council does hereby request that the Chief Building Inspector submit his report and recommendation with regard to the same, and the Council does hereby request that the Michigan Liquor Control Commission defer taking action with respect to this application pending completion of the aforesaid report and thereafter the adoption of an appropriate resolution by the City Council, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura and Bennett. NAYS: Nash, Brown, Raymond and McCann. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Nash, it was #250-?7 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated February 22, 1977 with regard to an applica- tion for a .new SDD License by Mario Fallone to be held in conjunction with 1976-77 SDM License located at 19710 Middlebelt Road, Livonia, Michigan, the Council does hereby recommend that the Michigan Liquor Control Commis- sion deny the said request inasmuch as the area in question is already being adequately served by existing licenses, and the approval of an additional SDD License in this area would be detrimental to the City of Livonia and its residents; and that until such time as the applicant has obtained waiver use approval in accordance with the requirements set forth in the Livonia Zoning Ordinance this use would not be in compliance with zoning ordinance requirements, further, in the event it is the determination of the Michigan Liquor Control Commission to reject the recommendation of denial as set forth herein, the Council does hereby request that the City of Livonia be afforded a hearing with respect to this matter, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Brown, Bennett and McCann. NAYS. Raymond and Ventura. The President declared the resolution adopted By Councilman Nash, seconded by Councilman Bennett, it was 4251-77 RESOLVED, that having considered a communication dated February 18, 1977 from the Michigan Liquor Control Commission with regard to an applica- tion from Thomas Wittwer, 37121 Golfview, Sterling Heights, Michigan, for a new full year Class C License to be located in Livonia, Michigan, Wayne County, the Council does hereby determine to deny its approval with respect to said application; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 16209 A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Ventura, Bennett and McCann. NAYS• Raymond. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was 4252-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated March 2, 1977 with regard to a request from Monaghan K-C Building Association to transfer a Club License with Sunday Sales and Dance-Entertainment Permit from the City of Detroit to 19801 Farmington Road, Livonia, Michigan, and the request herein being for a waiver of the license fee for the current year, the Council does hereby deter mine to grant a waiver to any part of the License Fee for the current year, and the City Clerk is hereby requested to transfer a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. The communication dated February 23, 1977 from the Michigan Liquor Control Commission, regarding a change in Section 17 of the Michigan Liquor Control Act, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Bennett, it was 4253-77 RESOLVED, that having considered communications dated December 2, 1976 and December 27, 1976, from Michael Vorgitch with respect to the action taken by the City Planning Commission on November 23, 1976 in its resolutions 11-238-76 and 11-239-76, as set forth in a letter dated December 8, 1976, with regard to Petition 76-10-8-21P for approval of all plans required by Section 18.58 submitted in connection with a proposal to construct commercial stores on the southwest corner of Ann Arbor Road and Knolson in Section 31, and the Council having conducted a public hearing with respect to this matter on February 14, 1977, pursuant to Council resol- ution #11-77, the Council does hereby determine toi;deny the Petitioner's request for deletion of conditions (i.e., 1, 3 and 8) in the City Planning Commission's action. A roll call vote was taken on the foregoing resolution with the following result. AYES- Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was 16210 #254-77 RESOLVED, that in accordance with the provisions set forth in Section 23.01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a Public Hearing on the question of whether or not certain property 70' in width and located 228' south of Ann Arbor Road on the west side of Knolson (a portion of Parcel T2al) should be rezoned from C-1 to R-1, and to thereafter submit its report and recommendation to Council. By Councilman Raymond, seconded by Councilman Ventura, it was #255-77 RESOLVED, that having considered a communication from the City Planning Commission dated February 24, 1977 which transmits its resolution #2-42-77 with regard to Petition #77-2-8-3 submitted by Rick-Mar Corporatior. requesting site plan approval in connection with a proposal to remodel the exterior of an existing building located on the east side of Farmington Road, north of Seven Mile Road, in Section 3, pursuant to the provisiens set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Com- mission and Petition #77-2-8-3 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 Nash, Brown, Raymond, Ventura, Bennett and McCann. LNAYS None. The communication from the Planning Commission, dated February 18, 1977, with respect to Petition 73-5-1-21 wherein they reaffirm their action taken in their resolution #9-223-73 adopted on September 11, 1973, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Nash, it was #256-77 RESOLVED, that having considered a communication dated February 8, 1977 from the City Planning Commission which transmits its resolution #1-18-77 adopted on January 25, 1977 with regard to Petition #76-12-3-10, submitted by the City Planning Commission on its own motion to vacate an easement located on the west side of Stark Road, between Schoolcraft and Industrial Roads, in the North 1/2 ofSectirAn 28, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition #76-12-3-10, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. 16211 By Councilman Ventura, seconded by Councilman Brown, it was #257-77 RESOLVED, that having considered a communication dated February 28, 1977 from the City Planning Commission which transmits its resolution #2-28-77 adopted on February 22, 1977 with regard to Petition #76-11-3-9 submitted by P. B. McCarthy to vacate an easement located south of Amrhein Road, between Globe and Levan Roads, in the Southwest 1/4 of Section 29,the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition #76-11-3-9, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Bennett, it was #258-77 RESOLVED, that having considered a communication dated February 28, 1977 from the City Planning Commission which transmits its resolution #2-30-77 adopted on February 22, 1977 with regard to Petition #76-12-2-24 submitted by James Riehl requesting waiver use approval to operate a recreation storage lot, on property zoned M-1, located on the west side of Farmington Road, between Plymouth and Schoolcraft Roads, in the Northeast 1/4 of Section 28, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition #76-12-2-a4 is hereby approved and granted, such approval to be based upon the same conditions as those which are 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 Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, it was #259-77 RESOLVED, that having considered a communication from the Super- intendent of Operations, dated January 27, 1977, approved by the Director of P.blic Works and approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to The Detroit Edison Company on forms provided by such company for the installa- tion of three (3) 175 Watt Mercury Vapor Street Lights mounted on two existing poles and on one new wood pole at the Pierson Center in the manner recommended in the aforesaid communication, as well as in the report and recommendation of the City Engineer dated October 27, 1976. A roll call vote was taken on the foregoing resolution with the following result• AYES Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. 16212 By Councilman Nash, seconded by Councilman Ventura, it was #260-77 RESOLVED, that having considered a communication from the City Engineer dated February 16, 1977, approved by the Director of Public Works and approved for submission by the Mayor, recommending that the City dedicate and establish a certain storm easement through city-owned property referred to as the Golfview Parksite located in the Southeast 1/4 of Section 14, the Council does hereby determine to dedicate and establish for storm sewer purposes only the following described easement: The South 50 feet of the East 60 feet, and the East 15 feet of the North 300 feet of the South 350 feet of the following parcel of land: The West 360 feet of the South half of the N. E. 1/4 of the S. E. 1/4 of Section 1.4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan (Part of Bureau of Taxation Parcel 14V1b,W1b). and does further request that the Wayne County Bureau of Taxation record such easement dedication on all maps issued by that office, and further, the City Clerk is hereby requested to have a certified copy of this resolu- tion recorded at the Wayne County Register of Deed's office. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, it was #261-77 RESOLVED, that having considered a communication submitted by the Ad Hoc Committee for Senior Citizens Housing, dated February 16, 1977, requesting approval of expenses incurred for the Senior Citizens Housing Project in the amount of $5,020.60, as well as requesting an additional appropriation in the amount of $1,000 for anticipated future expenses, the Council does hereby determine to authorize the said payment from monies previously appropriated for this purpose in the amount of $4,364 as well as to appropriate the additional sum of $1656.60 from Federal Revenue Sharing monies previously allocated for building improvements at McNamara Towers, in order to cover the balance of the said outstanding payment as well as to provide the additional $1,000 herein requested. A roll call vote was taken on the foregoing resolution with the following result: AYES. Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS None. By Councilman Brown, seconded by Councilman Raymond, it was #262-77 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated March 1, 1977, which bears the signature of the 16213 the Director of Finance and is approved for submission by the Mayor Pro Tem, and to which is attached the Operating Budget of the Livonia Housing Commission for the fiscal year ending December 31, 1977, the Council does hereby determine to approve the said budget in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was 63-77 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated March 2, 1977, approved for submission by the Mayor Pro Tem, and which transmits its resolution 46-77 wherein it is recom- mended that the salary of the Executive-Director be increased and that he also receive longevity pay, the Council does hereby determine to refer this item to the Finance and Insurance Committee for its report and recommenda- tion. By Councilman Ventura, seconded by Councilman Bennett, it was #264-77 RESOLVED, that having considered a communication dated December 21, 1976 from the City Planning Commission which transmits its resolution 12-258-76 adopted on December 14, 1976 with regard to Petition 74-12-8-48P submitted by A.S. Dorchen requesting approval of the revised sign plan as required by Section 18.58 in connection with a proposal to construct a new retail building on the south side of Ann Arbor Road between Ann Arbor Trail and Hix Road in Section 31, and the Council having conducted a public hear- ing with regard to this matter on February 14, 1977, pursuant to Council resolution 40-77, the Council does hereby determine to reject the recom- mendation of the City Planning Commission and the said Petition 74-12-8-48P is hereby approved and granted. By Councilman Raymond, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated December 21, 1976 from the City Planning Commission which transmits its resolution 12-258-76 adopted on December 14, 1976 with regard to Petition 74-12-8-48P submitted by A.S. Dorchen requesting approval of the revised sign plan as required by Section 18.58 in connection with a proposal to construct a new retail building on the south side of Ann Arbor Read between Ann Arbor Trail and Hix Road in Section 31, and the Council having conducted a public hear- ing with regard to this matter on February 14, 1977, pursuant to Council resolution 40-?7, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the motion to refer, with the following result: AYES: Nash, Brown and Raymond. NAYS: Ventura, Bennett and McCann. The President declared the motion DENIED. 16214 A roll call vote was taken on the original resolution with the following result. AYES: Raymond, Ventura, Bennett and McCann. NAYS: Nash and Brown. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was #265-77 RESOLVED, that having considered a communication dated December 28, 1976 from the City Planning Commission which sets forth its resolution #12-242-76 with regard to Petition #76-10-1-35 submitted by the City Plan- ning Commission on its own motion for a change of zoning on property located on the east side of Henry Ruff, between Five Mile Road and Jamison, in the Northeast 1/4 of Section 23, from RUFA to P.L., and the City Council having conducted a public hearing with respect to this matter on February 28, 1977, pursuant to Council resolution #83-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #76-10-1-35 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicat- ing the zoning change herein approved and to furnish the same to the Depart- ment of Law and, upon receipt of such map, the Department of Law is request- ed to prepare an ordinance amendir;g Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #266-77 RESOLVED, that the Council does hereby request that the Parks and Recreation Commission submit its report and recommendation with respect to the status of the development and the anticipated future development of Algonquin Park and, particularly in this regard, the northern portion of the same, being the south half of Lots 40, 41, 42, 43, and all of Lots 49 and 50, of B. E. Taylor's Green Acres Subdivision. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #267-77 RESOLVED, that the Council does hereby request that the Mayor submit his report and recommendation with respect to the matter of patrolling park areas in order to prevent vandalism and other illegal and unauthorized activities and, particularly, with reference to the Algonquin Park located in Section 23. By Councilman Bennett, seconded by Councilman Nash, it was 16215 #268-77 RESOLVED, that having considered a communication dated December 28, 1976 from the City Planning Commission which sets forth its resolution #12-243-76 with regard to Petition #76-10-1-38 submitted by the City Plan- ning Commission, on its own motion, for a change of zoning on property located north of Schoolcraft Road, between Melvin and Beatrice, in the Southeast 1/4 of Section 23, from R-1-A to P.L., and the Council having conducted a public hearing with regard to this matter on February 28, 1977, pursuant to Council resolution #83-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #76-10-1-38 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zon- ing change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #269-77 RESOLVED, that having considered a communication dated December 28, 1976 from the City Planning Commission which sets forth its resolution #12-244-76 with regard to Petition #76-10-1-41 submitted by the City Plan- ning Commission, on its own motion, for a change of zoning on property located north of Schoolcraft Road, west of Hubbard, in the Southwest 1/4 of Section 22, from RUF to R-1-B, and the Council having conducted a public hearing with regard to this matter on February 28, 1977, pursuant to Council resolution #83-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #76-10-1-41 is hereby approved and granted, and the City Planner is hereby instructed to cause the neces- sary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon recei t of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS• None. By Councilman Bennett, seconded by Councilman Ventura, it was #270-77 RESOLVED, that having considered a communication dated December 28, 1976 from the City Planning Commission which sets forth its resolution #12-245-76 with regard to Petition #76-11-1-42 submitted by the City Plan- ning Commission, on its own motion, for a change of zoning on property located on the south side of Five Mile Road, between Arden and Melrose, in the Northeast 1/4 of Section 22, from P.S. to R-1, and the Council having conducted a public hearing with regard to this matter on February 28, 1977, 16216 pursuant to Council resolution #83-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #76-11-1-42 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Raymond, it was #271-77 RESOLVED, that having considered a communication dated January 10, 1977 from the City Planning Commission which sets forth its resolution #12-249-76 with regard to Petition #76-11-6-11 submitted by the City Plan- ning Commission, pursuant to Council resolution #809-76, to amend Section 11.03(a) and Section 30.03(b) of the Zoning Ordinance so as to require that all gas stations shall provide at least one full service gasoline pump island for senior citizens, the sick or handicapped and such other persons in the community as may be in need of this service, and the Council having conducted a public hearing with regard to this matter on February 28, 1977, pursuant to Council resolution #83-77, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #76-11-6-11 is hereby denied for the same reasons as those which are set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond and Bennett. NAYS• Ventura and McCann. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bennett, it was *** #272-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 15, 1976 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 28, 1977, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve the said statement in all respects; (2) determine to make the improvement consisting of the installation of six (6) 175-watt mercury-vapor ornamental street lights with underground wiring throughout the Bretton Gardens Subdivision No. 2, City of Livonia, 16217 Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assess- ment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated December 15, 1976, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the S. 1/2 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan being more particularly described as lots 15 through 42, both inclusive, in Bretton Gardens Subdivision No. 2 and lots 3b, 4b, 4a, 5a, and 5b, 6b of Bretton Colony Subdivision and lots 481, 497 and 498a of Supervisor's Livonia Plat No. 8 and parcels 02elala,ila,2A1,02KolaA, 02Elalb,lblb2A2, 02KOlab, 02P1la,19c and 02p12. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated December 15, 1976; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES• Brown, Ventura, Bennett and McCann. NAYS Nash and Raymond. The President declared the resolution adopted, however, this resolution was there- after reconsidered in Council Resolution #273-77, at which time it was denied. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #273-77 RESOLVED, that the Council does hereby determine to reconsider the action taken in Council Resolution No. 272-77. 16218 AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. The President then declared a new roll call vote be taken with respect to Council Resolution No. 272-77 with the following result AYES None. NAYS- Nash, Brown, Raymond, Ventura, Bennett and McCann. The President declared Council Resolution #272-77, having been reconsidered, DENIED. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #274-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 15, 1976 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 28, 1977, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of one (1) 175-watt mercury-vapor light on an existing wood pole located at the southeast corner of the intersection of Purlingbrook and Fairfax, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated December 15, 1976, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district located in the S 1/2 of Section 2, T. 1 S., R 9 L., City of Livonia, Wayne County, Michigan being more particularly described as lots 15 and 16 of Bretton Gardens Subdivision No. 2 and parcels 02elalb,lblb,2a2,02KolaB, 02elala,lbla,2a1, 02KolaA, 02 Plla,19c and 02P12. 16219 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated December 15, 1976; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Bennett, seconded by Councilman Brown, it was #/275-77 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 163 for the proposed installation of a 31-foot wide deep strength asphalt pavement with concrete curbs and gutters (City's Alternate II Improvement) on Deering Avenue, north of Joy Road, in the S. E. 1/4 of Section 36, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, February 28, 1977, at 8:00 p.m., at the City Hall, 33001 Five Mile Road, Livonia, Michi- gan, and the City Council having duly met and reviewed the special assess- ments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of the Deering Road improvement, north of Joy Road, to be constructed in Special Assessment District No. 163, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated December 21, 1976, in the amount of $80,071.42 (83%), are fair and equitable and based upon benefits to be derived by construc- tion of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No. 163 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assess- ment from the date of confirmation. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds to be issued in anticipation of the collection of the unpaid assessments on the said special 16220 assessment roll, said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1977 and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1977 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1977 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1977 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sxity (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, (6) The City Council having determined to pay a portion of the cost of the said improvement within the said district in the sum of $1 ,965.54 (15% plus $1560 as Livonia Board of Education's share), and the same is hereby approprdtted and authorized to be expended from Motor Vehicle Highway Funds to cover the City's cost of said installation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #276-77 RESOLVED, the Council does hereby request that the City Engineer submit his report and recommendation relative to the matter of the flooding of Cleveland Park in Section 36. 16221 The communication from Stamford Investment Company, dated March 3, 1977 with regard to the installation of street lights in Stamford Subdivision, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #277-77 RESOLVED, that having considered Petition #77-3-3-3 submitted by Vargo's Inc., dated March 2, 1977, wherein a request is made for the vacating of a portion of Henry Ruff right-of-way in Section 14, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinances. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #278-77 RESOLVED, the Council does hereby determine to rescind Council resolutions #159-77 and #160-77 adopted on February 16, 1977. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #279-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 3, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submit- ted in writing a "waiver of notice and proceedings" in accordance with Section 2-531 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. 1) accept and approve said statement in all respects, 2) determine to make the improvement consisting of the installation of storm sewers in the S. E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated March 3, 1977, 4) determine that the estimated cost of such improvement is $672,750.00, 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, 16222 6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $00.00 and that the balance of said cost and expense of said improve- ment amounting to $672,750.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the S. E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E. . City of Livonia, Wayne County, Michigan, more particularly described as containing the following property• Bureau of Taxation Parcels 07Glal,Hla, 07G2al, 0711a, 0712a1a, 18Alal and 18Elal. 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #280-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 3, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submit- ted in writing a "waiver of notice and proceedings" in accordance with Section 2-531 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: 16223 1) accept and approve said statement in all respects, 2) determine to make the improvement consisting of the installation of sanitary sewers in the S. E. 1/4 of Section 7 and the N. E. 1/4 ofSection 18, T. 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefit- ed in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated March 3, 1977, 4) determine that the estimated cost of such improvement is $31,050.00, 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, 6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $00.00 and that the balance of said cost and expense of said improve- ment amounting to $31,050.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7.) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereof' on the unpaid balance; 8) '.designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows• A special assessment district located in the S.E. 1/4 of Section 7 and the N.E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as containing the following property Bureau of Taxation Parcels 07Glal,Hla, 07G2a1; 0711a, 0712ala, 18Alal and 18Elai. 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each .Ruch lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 16224 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was 4281-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 3, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submitted in writing a "waiver of notice and proceedings" in accord- ance with Section 2-531 of said Code, and after careful consideration hav- ing been given to all such matters, the Council does hereby, pursuant to to Section 2-508 of said Code• 1) accept and approve said statement in all respects, 2) determine to make the improvement consisting of the installation of water mains in the S. E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated March 3, 1977; 4) determine that the estimated cost of such improvement is $290,950.00, 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, 6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $00.00 and that the balance of said cost and expense of said improve- ment amounting to $290,950.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: 16225 A special assessment district located in the S.E. 1/4 of Section 7 and the N.E. 1/4 of Section 18, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as containing the following property: Bureau of Taxation Parcels 07Glal,Hla; 07G2al, 0711a, 0712a1a, 18Alal and 18Elal. 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #282-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 3, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submit- ted in writing a "waiver of notice and proceedings" in accordance with Section 2-531 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. 1) accept and approve said statement in all respects, 2) determine to make the improvement consisting of the installation of paving in the S.E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated March 3, 1977, 4) determine that the estimated cost of such improvement is $1,071,800.00, 16226 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; 6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $144,900.00 and that the balance of said cost and expense of said improve- ment amounting to $926,900.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7) determine that assessments made for such improvement may be paid in ten (10)annual installments together with interest thereon on the unpaid balance, 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the S.E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as containing the following property- Bureau of Taxation Parcels 07Glal,H1a, 07G2al, 0711a, 0712a1a, 18Alal and 18Elal. 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as theuspecial benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council. By Councilman Ventura, seconded by Councilman Nash, it was #283-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 3, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submitted in writing a "waiver of notice and proceedings" in accordance with Section 2-531 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code• 16227 1) accept and approve said statement in all respects, 2) determine to make the improvement consisting of the installation of landscaping in the S.E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3) approve the plans and specifications for said improvement as set forth in said statement dated March 3, 1977, 4) determine that the estimated cost of such improvement is $197,800.00; 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, 6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $00.00 and that the balance of said cost and expense of said improve- ment amounting to $197,800.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district located in the S. E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as containing the following property Bureau of Taxation Parcels 07Glal,H1a,07G2a1; 0711a, 0712ala, 18Alal and 18Elal. 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and 16228 10) that upon completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council. A roll call vote was taken on the foregoing resolution with the following result. AYES• Nash, Brown, Raymond, Ventura and McCann. NAYS• Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was 4'284-77 RESOLVED, that having considered a communication from the City Engineer dated March 2, 1977, approved by the Director of Public Works and approved for submission by the Mayor, recommending that the City dedi- cate and convey to the Wayne County Road Commission, for purposes of establishing the ultimate Middlebelt Road right-of-way, certain city-owned property located at the Southeast corner of Orangelawn and Middlebelt Roads, the legal description of which is as follows- The West 60 feet of the following described parcel of land: That part of the N. W. 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said section, distant N. 0° 30' 50" W., 641.92 feet from the W. 1/4 corner of Section 36 and proceeding thence N. 0° 30' 50" W. , along said line, 643.54 feet, thence S. 89° 59' 50" E., 313.50 feet; thence S. 0° 30' 50" E., 643.54 feet; thence N. 89° 59' 50" W., 313.50 feet to the point of beginning. the Council does hereby determine to authorize the Mayor and the City Clerk to execute a Quit Claim Deed conveying the aforesaid Right-of-way to the Wayne County Road Commission in the manner and form herein recommended. A roll call vote was taken on the foregoing resolution with the following result. AYES. Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS. None. Councilman Brown gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18.58 OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY AMENDING SUBSECTION (c) THEREOF. (Petition No. 76-6-6-3) 16229 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Brown gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 25.04 OF ARTICLE XXV OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA." (Petition No. 76-7-6-4) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 26.04 OF ARTICLE XXVI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA." (Petition No. 76-7-6-5) 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2.08 OF ARTICLE II OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING THERETO A NEW PARAGRAPH NUMBERED (19). (Petition No. 76-8-6-6) 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. 16230 Councilman Nash gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SUBSECTION (c) THEREOF. (Petition No. 76-8-6-8) 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was 4285-77 RESOLVED, that having considered the proposed amendment to the Retirement Flan Ordinance submitted by the Department of Law under date of March 7, 1977, with regard to employees disability compensation to be deducted from his disability pension, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommenda- tion. Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 76-10-3-8) 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was 4286-77 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 City Council of the City of Livonia on Monday, May 9, 1977 at 8 00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items 16231 1) Petition No. 76-12-1-47 submitted by Jerry J. Rozema, Cardinal West, Inc. , for a change of zoning of property located on the west side of Hubbard, south of Five Mile Road, in the Northwest 1/4 of Section 22, from R-7 to P, the City Planning Commission having in its resolution #2-29-77 recommended to the City Council that Petition No. 76-12-1-47 be approved, 2) Petition No. 76-12-1-49 submitted by Dimitrios Gotsis and Sylvia Gotsis for a change of zoning of property located on the east side of Middlebelt between Sunnydale and Broadmoor in the Southwest 1/4 of Section 13, from RUFB to C-2, the City Planning Commission having in its resolution #1-13-77 recommended to the City Council that Petition 76-12-1-49 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(s) to the Zoning Ordinance, (or/and) (b) location of the proposed change(s) of zoning as set forth above, first to be published in the official newspaper of the City of 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 rail- road 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. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #287-77 RESOLVED, that having considered a communication received from the Kimberly Oaks Civic Association, dated March 1, 1977, to which are attached petitions containing 283 signatures, requesting either the instal- lation of a traffic light, a crossover bridge, or a school crossing guard, for Farmington Road at Summers, the Council does hereby determine to refer the same to the Traffic Commission for its report and recommendation. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #288-77 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. 16232 By Councilman Nash, seconded by Councilman Raymond, it was 4289-77 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and. WHEREAS, there is located, within the boundaries of the City of Livonia an area of approximately 180.626 acres lying north of Plymouth Road, and. East of Levan Road, more particularly described in Exhibit A attached hereto and incorporated by reference herein, and hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 1", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1. The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 1. 2. This City Council sets Monday, April 4, 1977, at 8 00 p. m. as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby determine to amend the second 'WHEREAS' " paragraph of the alcove resolution so as to include therein all industrially zoned property in Livonia. A roll call vote was taken on the amendment with the following resolution AYES Raymond and. Ventura. NAYS. Nash, Brown, Bennett and McCann. The President declared the amendment DENIED. A roll call vote was taken on the original resolution with the following result: AYES. Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. 16233 The following preamble and resolution were offered by Councilman Ventura and supported by Councilman Bennett: 4290-77 WHEREAS, Special Assessment Rolls, more particularly hereinafter described, for the construction of street improvements in the City of Livonia have been prepared, reviewed and confirmed by the City Council, and WHEREAS, the City Council deems it to be the best interest to borrow and issue bonds in anticipation of the collection of said special assessments to defray part of the cost of said street improvements, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The estimated period of usefulness of said public improvements is not less than twenty (20) years. 2. Special Assessment Bonds be issued in the amount of Eight Hundred Twenty-Five Thousand ($825,000.00) Dollars in anticipation of the collection of the unpaid special assessments on the special assessment rolls hereinafter in this Paragraph 2 set forth, the principal amount of special assessment for each roll pledged for the payment of said bonds to be as follows for the following districts . Special Assessment District No. 151 $ 25,000 Special Assessment District No. 152 40,000 Special Assessment District No. 153 75,000 Special Assessment District No. 154 382,000 Special Assessment District No. 155 120,000 Special Assessment District No. 156 183,000 In addition to the special assessments as aforesaid, the full faith, credit and resources of the City of Livonia shall be pledged for the prompt pay- ment of the principal and interest on said bonds as the same become due. The bonds shall consist of one hundred sixty-five (165) bonds of the denom- ination of $5,000.00 each, numbered consecutively in direct order of maturity from 1 to 165 inclusive, dated May 1, 1977, and payable serially, without option of prior redemption, as follows: $ 25,000.00 February 1, 1978, $100,000.00 February 1, 1979, $ 75,000.00 February 1st of each year from 1980 to 1986, inclusive; $ 50,000.00 February 1, 1987, $ 25,000.00 February 1st of each year from 1988 to 1992, inclusive. Said bonds shall be designated 1977 SPECIAL ASSESSMENT BONDS. Said bonds may be registered as to principal only, in the manner and with the effect set forth on the face thereof, as hereinafter provided. 16234 3. The bonds authorized by the provisions of this resolution shall bear interest at a rate or rates not exceeding eight per cent (8°%) per annum, payable on February 1, 1978, and semi-annually thereafter on August 1st and February 1st of each year. Interest on the bonds from May 1, 1977 to November 1, 1977 shall be capitalized and paid from the proceeds of the bonds. Both principal and interest on said bonds shall be payable at a bank or trust company qualified to act as paying agent designated by the purchaser of the bonds, with the approval of the City Clerk. The liability of each special assessment district shall be limited to the principal amount set forth above and interest thereon. 4. The bonds shall be signed in the name of the City by the Mayor and countersigned by the City Clerk and the City Treasurer and shall bear the City seal, and the interest coupons annexed thereto shall bear the facsimile signatures of the Mayor and City Treasurer. The bonds, when executed, shall be delivered to the Treasurer and be delivered by him to the purchaser thereof upon payment of the purchase price thereof in accordance with the bid therefor, when accepted. 5. There shall be established and maintained a fund to be designated "1977 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 of said bonds plus a sum, which taken together with said accrued interest and premium, if any, will be sufficient to pay interest on the bonds from May 1, 1977 to November 1, 1977. In addition, there shall be paid into said fund that part of the collection of principal and interest on the special assessment rolls in anticipation of the collection of which the bonds authorized by the provisions of this resolution have been issued, Provided, however, that the amount to be paid by each such district shall not exceed the amount of bonds allocated to such district and the interest thereon. If at any time said fund is insuf- ficient to pay the principal of and interest on said bonds, as the same become due, the City shall advance from its general funds a sufficient amount to pay said principal and interest. Moreover, the City shall levy annually, without limitation as to rate or amount, as part of its general ad .m1Rrem taAt etlph suns as mph' be necessary to retire when due the said bairn c o lTt n Pbxa toi'6ristbt said special assessments pledged for such purpose prove insufficient. 6. Said bonds and the attached coupons shall be in substantially the following form. UNITED STATE,SOF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1977 SPECIAL ASSESSMENT BOND No. $5,000.00 16235 KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne, State of Michigan, acknowledges itself to owe and for value re- ceived hereby promises to pay to the bearer, or if registered, to the registered holder the sum of FIVE THOUSAND DOLLARS lawful money of the United State of America, on the first day of February, A.D., 19 , with interest thereon from the date hereof until paid at the rate of per cent ( %) per annum, payable on February 1, 1978, and semi-annually thereafter on the first day of August and February of each year upon presentation and surrender of the annexed interest coupons as they severally become due. Both principal of and interest on the bonds are payable at the principal office of and for the prompt payment of this bond, both principal and interest, the full faith and credit of the City of Livonia is hereby irrevocably pledged. This bond is one of a series of one hundred sixty-five (165) bonds of even date and like tenor, except as to rate of interest and date of maturity, aggregating the principal, sum of $825,000, issued in anticipation of the collection of special assessments in Special Assessment Districts Nos. 151 to 156, inclusive, in the City, for the purpose of paying part of the cost of constructing street improvements, and is issued in accordance with the City Charter and with a duly adopted resolution of the City Council of the City of Livonia. Bonds of this issue shall not be subject to redemption prior to maturity. This bond is payable out of special assessments to be collected on special assessment rolls numbered in accordance with the above districts or in the case of insufficiency of said special assessments out of the general funds of the City. The liability of each special assessment district shall be limited to payment of the amounts and interest thereon as set forth in the bond resolution. 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 said City, including this bond, does not exceed any constitutional, statutory or charter debt limitation. This bond may be registered as to principal only on the books of the paying agent in the name of the holder and said registration noted on the back hereof by said paying agent, after which no transfer shall be valid unless made on the books and noted hereon in like manner, but transfera- bility by delivery may be restored by registration to bearer. Such regis- tration shall not affect the negotiability of the interest coupons. IN WITNESS WHEREOF, the CITY OF LIVONIA, County of Wayne, State of Michigan by its City Council, has caused this bond to be signed by its Mayor and to be countersigned by its City Clerk and City Treasurer and its corporate seal to be hereunto affixed, and has caused the annexed interest coupons to be executed with the facsimile signature of its Mayor and City Treasurer, all as of the first day of May A D. 1977. 16236 By CITY OF LIVONIA Mayor (SEAL) Countersigned City Clerk City Treasurer REGISTRATION NOTHING TO BE WRITTEN HEREON EXCEPT BY THE PAYING AGENT Date of Registration Name of Registered. Owner . Registrar • • • • (Form of Coupon) No. On the first day of , A.D., 19 , the CITY OF LIVONIA, County of Wayne, State of Michigan, will pay to the bearer hereof, the sum shown hereon at the principal office of , being the interest due that date on its 1977 Special Assessment Bond, dated May 1, 1977. Mayor City Treasurer 7. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds and approval of the form of notice of sale, and upon receipt of such approval, the City Clerk shall cause notice of sale of said bonds to be published in The Bond Buyer, New York, New York, and in the Observer-Eccen- tric, a newspaper circulated in the City of Livonia, Michigan, at least seven (7) full days before the date fixed for sale of said bonds, which notice of sale shall be in substantially the following form: 16237 OFFICIAL NOTICE OF SALE $825,000.00 CITY OF LIVONIA COUNTY OF WAYNE, STATE OF MICHIGAN 1977 SPECIAL ASSESSMENT BONDS SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the City Hall located at 33001 Five Mile Road, Livonia, Michigan 48154, on , the day of , 1977, until o'clock .m., Eastern Time, at which time and place said bids will be publicly opened and read. BOND DETAILS: Said bonds will be coupon bonds, registrable as to principal only, of the denomination of $5,000.00 each, dated May 1, 1977, numbered in direct order of maturity from 1 upwards and will bear interest from their date payable on February 1, 1978, and semi-annually thereafter. Said bonds will mature on the 1st day of February, as follows. $ 25,000 February 1, 1978; $100,000 February 1, 1979; $ 75,000 February 1st of each year from 1980 to 1986, inclusive, $ 50,000 February 1, 1987, $ 25,000 February 1st of each year from 1988 to 1992, inclusive. PRIOR REDEMPTION- Bonds of this issue are not subject to prior redemption. INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 8% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 of 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 and each coupon period shall be represented by one interest coupon. The difference between the highest and lowest interest rate on the bonds shall not exceed two (2%) per cent per annum. No proposal. for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. PAYING AGENT: Both principal and interest shall be payable at a bank or trust company located in Michigan qualified to act as paying agent under State or United States law, to be designated by the original purchaser of the bonds, who may also designate a co-paying agent, which may be located outside of Michigan, qualified to act as paying agent under the law of the State in which located or of the United States, both of which shall be sub- ject to approval of the undersigned. PURPOSE AND SECURITY: The bonds are issued in anticipation of the collectic of special assessments for street improvements in certain special assess- ment districts in said City, as set forth in the bond authorization resolu- tion. The special assessments and interest thereon are sufficient to pay 16238 the principal and interest on the bonds as when due. The liability of each special assessment district is limited as set forth in the bond authorizing resolution. The bonds will pledge the full faith and credit of the City of Livonia as additional security for payment of the principal and interest thereon. GOOD FAITH: A certified or cashier's check in the amount of $16,500.00, 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 representa- tive or by registered mail. AWARD OF BOND: 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 , 19 , to their maturity and deducting therefrom any premium. LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michi- gan, a copy of which opinion will be printed on the reverse side of each bond, and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof. DELIVERY OF BONDS: The City will furnish bonds ready for execution at its irr expense. Bonds will be delivered without expense to the purchaser at Detroit, Michigan, Chicago, Illinois or New York, New York. 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 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 Federal Reserve Funds Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery. CUSIP NUMBERS: CUSIP numbers will be applied for at the City's expense. Improper imprintation of or failure to imprint CUSIP numbers shall not constitute grounds for refusal to receive delivery of the bonds. THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS ENVELOPES containing the bids should be plainly marked "Proposal for Special Assessment Bonds. " Clerk, City of Livonia APPROVED• STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION. 16239 8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same are hereby rescinded. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #291-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated March 9, 1977, approved by the Director of Finance and approved for submission by the Mayor, to which is attached a CETA Subcontract between the City of Livonia and Chrysler Leartti.ng,Inc. (Vocational Education -- Welder Training), the Council does hereby authorize the Mayor and the City Clerk to execute the aforesaid subcontract for and in behAlf of the City of Livonia, as well as to do all other things neces- sary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #292-77 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 16, 1977, submitted pursuant to Council resolution #14+0-77 with regard to a communication from the Mayor in connection with the proposal to select an architect to prepare a feasibility and design study, including the development of the Schematic Design Phase, for a proposed Police Building Addition, the Council does hereby determine to take this means to agree in principle with the concept of this proposal, and to appropriate the sum of $8,000.00 from previously allocated Revenue Sharing Funds in Acct. No. 24+9-260-975-010 for this purpose, and the Mayor is requested to appoint an architectural selection committee in order to screen and interview architects, and thereafter sub- mit its recommendation to the Capital Improvement Committee, which upon com- pletion of its review of this matter, shall submit its report and recommenda- tion to Council. A roll call vote was taken on the foregoing resolution with the following result . AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was 16240 #293-77 RESOLVED, that having considered a communication dated March 15, 1977, from the City Planning Commission which transmits its resolution #3-44-77 adopted on March 8, 1977 with regard to Petition No. ?7-2-2-2 sub- mitted by Donald F. Vargo, requesting waiver use approval to construct an addition to existing restaurant, on property zoned C-2, located on the south side of Six Mile Road between Oporto and Merriman Road, in the Northeast 1/4 of Section 14, the Council does hereby determine to concur in the recom- mendation made by the City Planning Commission and Petition No. 77-2-2-2 is hereby approved and granted, such approval to be based upon the same condi- tions as those which are 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: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS- None. By Councilman Bennett, seconded by Councilman Ventura, it was #294-77 RESOLVED, that having considered a communication from the Depart- ment of Law, dated March 16, 1977, approved by the Director of Public Works, Supt. of Parks and. Recreation, and the Director of Finance, and approved for submission by the Mayor, and which transmits a proposed Third Amendment to Sublease Agreement for the Idyl Wyld Golf Club which essentially provides for a new Section 3.16 entitled "New Pro Shop Building, " and revised Section 4.2 entitled "Cost of Utilities, " the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: None. On motion of Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, this 855th Regular Meeting of the Council of the City of Livonia, was duly adjourned at 10:10 P. M., March 16, 1977. ADDISON W. :';�. , CI CLERK.