Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1967-03-11 SPECIAL 8547 MINUTES OF THE ONE HUNDRED SEVENTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held on March 11, 1967, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 7:40 A. M. . Roll was called with the following result. Present-- Peter A. Ventura, Robert F. Nash, Jack Salvadore, Edward H. McNamara, Rudolf R. Kleinert, Jerry Raymond and Edward G. Milligan. Absent--None. Elected and appointed officials present: Harvey W. Moelke, Mayor; Addison W. Bacon, City Clerk, Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney, Robert A. Shaw, Director of Public Works, John T. Dufour, Director of Parks and Recreation, Dan Andrew, Industrial Coordinator and Victor C. Phillips, Budget Director. Also present: Ron Upton and Benton Yates of the Livonia School System; Stratton Brown of Miller, Canfield, Paddock and Stone; Mr. Page and Mr. Douglas of Allied Supermarkets, Inc. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $33,000,000.00 CITY OF LIVONIA INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES "A". (ALLIED SUPERMARKETS, INC. ) The following preamble and resolution was offered by Councilman Milligan and supported by Councilman McNamara. #284-67 WHEREAS, the City of Livonia is authorized by Act. No. 62, Public Acts of Michigan, 1963, as amended (hereinafter sometimes referred to as "Act No. 62") to acquire lands within and without its corporate limits and to acquire and construct buildings and improvements thereon and to acquire and install machinery and equipment therein and to lease the same as a project for the purpose of securing and developing industry in or near the City in order to alleviate and prevent conditions of unemployment, to assist and retain local industries, to meet growing competition for new industries and to strengthen and revitalize the economy of the City in general; and 8548 WHEREAS, the City is authorized by Act No. 62 to issue Industrial Development Revenue Bonds secured by a mortgage on said project and payable solely from the revenues derived from leasing the project thus acquired or constructed through the issuance of such revenue bonds, and WHEREAS, the City has made necessary arrangements with Allied Supermarkets, Inc., a Delaware corporation, duly qualified and authorized to do business in the State of Michigan (Hereinafter sametimes referred to as "Lessee") for the location of a substantial industry in the City of Livonia, Michigan (hereinafter sometimes referred to as "the Project"), from which Project the City will receive substantial municipal benefits including, by way of illustration but not limitation, increased employment of its citizens resulting in the alleviation of unemployment within the City, the increased diversification of industry within the City, a mater- ial increase in the City's tax base which will provide a long term source of revenues to the City and the School Districts located in the City, and the stimulation of existing and new businesses within the City which may be called upon to assist in the construction of the Project and which, after completion of the Project, will provide numerous services to the Project and to the large number of employees working therein; and WHEREAS, Lessee has informed the City that it is necessary for the City to assist the Lessee in the acquisition, construction and financing of the Project, under the provisions of said Act No. 62, in order for the Project to be located in the City; and WHEREAS, the City will build for its own account and then lease to the Lessee an industrial complex (Hereinafter sometimes referred to as "the Project") which will include by way of illustration but not limita- tion, processing and warehousing facilities for such items as groceries, meats, produce, frozen foods and various non-food items, a bakery, a milk, ice cream and dairy plant, a potato chip processing plant, a salad prepar- ation processing facility, a meat processing plant, attendant parking facilities and certain other related and supporting facilities, said Project to be located on a certain tract of land to be located as more particularly described in the Lease Agreement hereinafter defined, and WHEREAS, in the judgment of this City Council, the proposed acquisition and leasing of the Project and the issuance of revenue bonds by the City as herein recited and provided will serve the intended accomplishments and in all respects conform to the provisions and require- ments of Act No. 62, and WHEREAS, it has now been determined that the estimated amount necessary to finance the cost of the Project, including all costs of issuance of Bonds, all engineering, inspection, fiscal and legal expenses and interest on the Bonds prior to and during construction and for not more than six months thereafter, will require the issuance, sale and delivery in the first instance of City of Livonia Industrial Development Revenue Bonds, Series A (Allied Supermarkets, Inc. ), in the principal amount of Thirty-Three Million Dollars, as hereinafter provided, and may require the subsequent issuance, sale and delivery of additional Series B parity Bonds to the aggregate principal amount of not exceeding Three Million Dollars, at such time or from time to time as may be found necessary to complete the Project, and 8549 WHEREAS, it is proposed that the City and Lessee will enter into a lease agreement providing for the acquisition, construction and financing of the Project by the City and requiring the Lessee to pay rentals in an amount sufficient to completely pay all principal, interest and other costs and expenses in connection with the Bonds to be issued and any and all other cost of any nature whatsoever in connection with the Project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA THAT: 1. In addition to the words and terms elsewhere defined in this resolution the following words and terms as used in this resolution shall have the following meanings unless the context or use clearly indicates another or different meaning or intent: "Bond" or "Bonds" means the Industrial Development Revenue Bonds of the City of any series to be issued hereunder. "Bond Fund" or "City of Livonia Industrial Development Revenue Bond Fund - Allied Supermarkets, Inc. Project" means the Bond principal and interest fund created in the Mortgage and by paragraph 9 of this resolution. "Bondholder" or "holder" or "owner of the Bonds" means the bearer of any Bond not registered as to principal and the registered owner of any Bond registered as to principal. "City" or "City of Livonia" means the City of Livonia, Michigan, a municipal corporation organized and existing under the laws of the State of Michigan, and situated in Wayne County, Michigan, or any successor public corporation. "Council" or "City Council" means the City Council of the City, the legislative body of the City. "Construction Fund" or "City of Livonia Industrial Development Construction Fund - Allied Supermarkets, Inc. Project" means the fund created in the Mortgage and from which the costs of the Project shall be paid, and is the fund created by paragraph 10 of this resolution. "Coupon" means any of the coupons issued hereunder evidencing the semi-annual installments of interest on the applicable Bond or Bonds. The term "default" means those defaults specified in and defined by the Mortgage. "Escrowee" means the bank or trust company designated by the City to act as escrowee as described in the Mortgage. "Lease Agreement" means the lease agreement proposed to be executed by and between the City and the Lessee. 8550 "Lessee" means Allied Supermarkets, Inc. and its successors and assigns and any surviving, resulting or transferee corporation aR provided in the Lease Agreement. "Mortgage" means the proposed Mortgage and Indenture of Trust pursuant to which the Bonds are to be issued, and other supplemental agreements with the Trustees in pursuance thereof. "Mortgaged Property" means the properties comprising the Project, including the properties leased to the Lessee under the proposed Lease Agreement, as well as all properties which, under the terms thereof, subsequently become subject to the lien of the proposed Mortgage, but excluding all property owned by the Lessee and title to which remains in the Lessee under the terms of the proposed Lease Agreement. "Project" means the lands, buildings, improvements, machinery, equipment and other facilities acquired or constructed out of the proceeds of the Bonds and leased under the proposed Lease Agreement. "Trustee" means the bank or trust company designated by the Uity_a to act as Trustee under the proposed Mortgage and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party and any successor trustee at the time serving as successor trustee under the proposed Mortgage. "Trustees" means the Trustee and the Co-Trustee (if there be one) collectively and collectively their respective successors in the trust under the proposed Mortgage. 2. The Council does hereby determine that it is necessary and for the best interests of the City to acquire and construct the Project and lease the Project to the Lessee and does hereby determine that the estimated cost of the Project including all costs of the issuance of the Bonds, all engineering, inspection, fiscal and legal expenses and interest on the Bonds during construction and for not more than six (6) months thereafter is Thirty-Three Million ($33,000,000) Dollars and does hereby determine that the estimated period of usefulness of the Project is not less than thirty (30) years. It is further determined that the cost of the machinery and equipment as a part of the Project will represent substantially less than two-thirds (2/3) of the total cost of the Project. 3. The City shall borrow the sum of Thirty-Three Million ($33,000,000) Dollarg in the first instance and issue its bond therefor to provide the funds to defray the cost of the Project as set forth in paragraph 2 above. 4. Said Bonds shall be designated CITY OF LIVONIA INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES A (ALLIED SUPERMARKETS, INC.), and shall be in the principal amount of Thirty-Three Million ($33,000,000) Dollars, dated as of April 1, 1967, and shall consist of 6,600 coupon bonds of the denomination of $5,000 each, numbered consecutively in direct order of maturity from 1 to 6,600, inclusive, and shall mature serially on April 1st of each year as follows : 8551 Year Principal Amount Year Principal Amount 1972 $ 100,000 1985 $ 230,000 1973 110,000 1986 240,000 1974 120,000 1987 250,000 1975 130,000 1988 260,000 1976 140,000 1989 270,000 1977 150,000 1990 280,000 1978 160,000 1991 290,000 1979 170,000 1992 300,000 1980 180,000 1993 310,000 1981 190,000 1994 320,000 1982 200,000 1995 330,000 1983 210,000 1996 340,000 1984 220,000 1997 27,500,000 Said bonds shall bear interest at a rate or rates to be determined upon the final sale thereof but in any event not exceeding seven per cent (7%) per annum, which interest shall be payable on October 1, 1967 and semi-annually thereafter on April 1st and October 1st of each year until said bonds are paid in full. Both principal of and interest on said bonds shall be payable in lawful money of the United States of America at the principal office of the Trustee, or its successor in trust, or at the option of the holder at the principal office of the other paying agents specified in the proposed Mortgage. Said bonds shall be non-callable for redemption prior to April 1, 1977 except for the mandatory sinking fund call more particular- ly hereinafter described in paragraph 9 and except (a) in the event of condemnation of the Project or any part thereof as provided in the proposed Lease Agreement or (b) the exercise by the Lessee of its option to purchase the Project as provided in said proposed Lease Agreement. Said bonds, if called for redemption in either of such events, (being the events described in (a) or (b) above) shall be subject to redemption by the Trustee at any time on or after April 1, 1969, in whole or in part, in the inverse order of their maturity (less than all of said bonds of a single maturity to be selected by lot in such manner as may be designated by the Trustee) at a redemption price of one hundred per cent (100%) of the principal amount thereof plus accrued interest to the redemption date. Any of such Bonds that may be outstanding and mature on or after April 1, 1978 are subject to redemption prior to maturity on any interest payment date on or after April 1, 1977, in whole or in part, and if less than all of such Bonds are to be redeemed, the Bonds shall be redeemed in the inverse order of maturity, the Bonds within any single maturity to be redeemed, if less than an entire maturity is to be called, to be selected by lot in such manner as may be designated by the Trustee, at the redemption prices (expressed as percentage of principal amount) set forth in the table below, plus accrued interest to the redemption date: 8552 Redemption Date (dates inclusive) Redemption Price April 1, 1977 - October 1, 1979 105% April 1, 1979 - October 1, 1980 1040 April 1, 1981 - October 1, 1982 103% April 1, 1983 - October 1, 1984 102% April 1, 1985 - October 1, 1986 101% Thereafter at 100% Any of such Bonds as mature on April 1, 1997 are also subject to redemption, pursuant to the terms of the sinking fund as hereinafter provided, on April 1, 1973, and on each April 1 thereafter to and includ- ing April 1, 1996, at 100% of the principal amount thereof plus accrued interest to the redemption date. In the event any of the Bonds are called for redemption as aforesaid, notice thereof identifying the Bonds to be redeemed will be given by publication at least twice in a newspaper or financial journal of general circulation published in the City of New York, New York, the first of which shall be published not less than thirty days prior to the redemption date, and in the case of the redemption of Bonds at the time registered as to principal (except to bearer) or both principal and interest, upon mailing a copy of the redemption notice by registered or certified mail at least thirty days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books, provided, however, that failure to give such notice by mailing, or any defect therein, shall not affect the validity of any proceeding for the redemption of Bonds. If all of the Bonds to be redeemed are at that time registered as to principal (except to bearer), notice by mailing given by registered or certified mail to the owner or owners thereof not less than thirty days prior to the date fixed for redemption shall be sufficient and published notice of the call for redemption need not be given. All Bonds so called for redemption will cease to bear interest on the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. 5. Said Bonds and the attached coupons shall not be a general obligation or indebtedness of the City but shall be payable solely from the rentals and other funds and revenues that may be available therefor from the proposed Lease Agreement and Proposed Mortgage and in no event shall said Bonds or the interest thereon or any other costs or expenses in connection therewith or with the Project ever be payable from any funds of the City of Livonia other than the rentals and other revenues and funds to be received by the City from the Lessee under the Proposed Lease Agreement and Proposed Mortgage. Said Bonds shall be additionally secured by a first mortgage on the Mortgaged Property. The rental pay- ments when paid by the Lessee, pursuant to the Proposed Lease Agreement, shall be paid directly to the Trustee for the account of the City so long as any of the Bonds and coupons pertaining thereto shall be outstand- ing and unpaid. 6. Said Bonds shall be executed on behalf of the City by the manual signature of the Mayor and countersigned by the manual signatures of the Treasurer and City Clerk and shall have impressed thereon the corporate seal of the City. The coupons attached to said Bonds shall be executed by the facsimile signatures of the Mayor and Treasurer. 8553 7. Said Bonds shall contain a recital that they are issued pursuant to Act 62, Public Acts of Michigan, 1963, as amended, and said Bonds and the Coupons attached thereto shall be in substantially the following form: (FORM OF BOND) UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA INDUSTRIAL DEVELOPMENT REVENUE BOND (Allied Supermarkets,Inc. ) Series A No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS that the City of Livonia, County of Wayne, Michigan, for value received, promises to pay from the source and as hereinafter provided, to bearer, or, if this Bond be registered, to the registered owner hereof, on April 1, 19 , the principal sum of Five Thousand Dollars and to pay interest on said sum from the date here- of at the rate of per cent per annum on October 1, 1967 and sem.-annual- ly thereafter on April 1 and October 1 of each year until said principal sum is paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may become applicable hereto, both principal of and interest on this Bond being payable in lawful money of the United States of America at the principal office of the Trustee ( in the City of , ) or its successor in trust, or at the option of the holder hereof at the principal office of , in the City of Chicago, Illinois or at the principal office of in the City of New York,New York. This Bond is one of an authorized series of Bonds limited in aggregate principal amount to Thirty-Three Million Dollars issued and authorized to be issued for the purpose of acquiring lands and constructing industrial buildings and improvements and acquiring and installing machinery and equipment thereon, (Hereinafter collectively called the "Project") and leasing the same to Allied Supermarkets, Inc. , a Delaware corporation (hereinafter referred to as the "Lessee") and paying necessary expenses incidental thereto so as to thereby secure and develop industry by inducing the location in said City of an industrial enterprise. Said Bonds are all issued or may be issued under and are to be equally and ratably secured and entitled to the protection given by a Mortgage and Indenture of Trust (hereinafter called the "Mortgage"), dated as of April 1, 1967, duly executed and delivered by said City to , in the City of and of the City of , as Trustees (the term "Trustees" where used herein referring collectively to said Trustees or their respective successors in said trust and the term "Trustee" where used herein refer- ring to said or its successor in said trust),which 8554 Mortgage is recorded in the office of the Register of Deeds, Wayne County, Michigan, and reference is hereby made to the Mortgage and to all inden- tures supplemental thereto for a description of the property mortgaged, the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of said City, the Trustee and the holders of the Bonds, the terms upon which the Bonds are or may be issued and secured and the right of the City to issue additional bonds which will be of equal standing with the series of bonds of which this is one. co on This Bond and appurtenant/are -to be construed as negotiable instruments under the laws of the State of Michigan, but this Bond may be registered as to principal on the registration books of the City in the office of the Trustee as Bond Registrar, upon presentation hereof at such office and the notation of such registration endorsed hereon by the Bond Registrar, and this Bond may thereafter be transferred on such books by the registered owner in person or by duly authorized attorney, evidence of such transfer to be in like manner endorsed hereon. Such transfer may be to bearer, and thereby transferability by delivery shall be restored, subject, however, to successive registration and transfers as before. The principal of this Bond, if registered, unless registered to bearer, shall be payable only to the registered owner or his legal representative. Interest accruing on this Bond will be paid only on presentation and surrender of the attached interest coupons as they respectively become due, and registration of this Bond as to principal as aforesaid will not affect the transferability by delivery of such coupons; provided, that if upon registration of this Bond, or at any time thereafter while this Bond is registered in the name of the owner, the unmatured coupons attached evidencing interest to be thereafter paid hereon shall be surrendered to said Bond Registrar a statement to that effect will be endorsed hereon by the Bond Registrar and thereafter interest evidenced by such surrendered coupons will be paid by check or draft of the Bond Registrar at the times provided herein to the registered owner of this Bond by mail to the address shown on the registration books. This Bond when so converted into a Bond registered as to both principal and interest may be reconvert- ed into a coupon Bond at the written request of the registered owner and upon presentation at the office of said Bond Registrar. Upon such reconversion the coupons representing the interest to become due thereafter to the date of maturity will again be attached to this Bond and a state- ment will be endorsed hereon by the Bond Registrar in the registration blank on the back of this Bond whether it is then registered as to principal alone or payable to bearer. The Thirty-Three Million Dollars in aggregate principal amount of the Bonds of this series initially issued and dated April 1, 1967 are noncallable for redemption prior to April 1, 1977 except for the mandatory sinking fund call described below and except tD the event of (1) condemnation of the Project or any part thereof to/ekEent provided in paragraph 16 of the Lease Agreement between the City and the Lessee dated as of April 1, 1967 or (2) exercise of the Lessee of its option to purchase the Project as provided in paragraph 17 of said Lease Agreement. If called for redemption in either of such events, such Bonds shall be subject to redemption by the City at any time on or after April 1, 1969, 8555 in whole or in part, in the inverse order of their maturity (less than all of said Bonds of a single maturity to be selected by lot in such manner as may be designated by the Trustee), at a redemption price of 100% of the principal amount thereof plus accrued interest to the redemption date. Any of such Bonds that may be outstanding and mature on or after April 1, 1978 are subject to redemption prior to maturity on any interest payment date on or after April 1, 1977, in whole or in part, and if less than all of such Bonds are to be redeemed, the Bonds shall be redeemed in the inverse order of maturity, the Bonds within any single maturity to be redeemed, if less than an entire maturity is to be called, to be selected by lot in such manner as may be designated by the Trustee, at the redemp- tion prices (expressed as percentage of principal amount) set forth in the table below, plus accrued interest to the redemption date: Redemption Date (dates inclusive) Redemption Price April 1, 1977 - October 1, 1979 105% April 1, 1979 - October 1, 1980 104% April 1, 1981 - October 1, 1982 103% April 1, 1983 - October 1, 1984 102% April 1, 1985 - October 1, 1986 101% Thereafter at 10e, Any of such Bonds as mature on April 1, 1997 are also subject to redemption, pursuant to the terms of the sinking fund provided in the Mortgage, on April 1, 1973, and on each April 1 thereafter to and includ- ing April 1, 1996, at 100% of the principal amount thereof plus accrued interest to the redemption date. In the event any of the Bonds are called for redemption as aforesaid, notice thereof identifying the Bonds to be redeemed will be given by publication at least twice in a newspaper or financial journal of general circulation published in the City of New York, New York, the first of which shall be published not less than thirty days prior to the redemption date, and in the case of the redemption of Bonds at the time registered as to principal (except to bearer) or both principal and inter- est, upon mailing a copy of the redemption notice by registered or certified mail at least thirty days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books; provided, however, that failure to give such notice by mailing, or any defect therein, shall not affect the validity of any proceeding for the redemption of Bonds. If all of the Bonds to be redeemed are at that time registered as to principal (except to bearer), notice by mailing given by registered or certified mail to the owner or owners thereof not less than thirty days prior to the date fixed for redemption shall be sufficient and published notice of the call for redemp- tion need not be given. All Bonds so called for redemption will cease to bear interest on the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time, and shall no longer be protected by the Mortgage and shall not be deemed to be outstanding under the provisions of the Mortgage. If, because of the 8556 temporary or permanent suspension of the publication or general circula- tion of any newspaper or financial journal or for any other reason, it is impossible or impractical to publish such notice of call for redemption in the manner herein provided, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a suf- ficient publication of notice. This Bond and the series of which it forms a part as may be outstanding from time to time are issued pursuant to and in full comp- liance with the Constitution and laws of the State of Michigan, particular- ly Act No. 62, Public Acts of Michigan, 1963, as amended (herein called Act No. 62) and pursuant to resolution of the City Council of said City adopted and approved on the 11th day of March , 1967, This Bond and the series of which it forms a part and the interest coupons ap- pertaining hereto are special obligations and shall never constitute a general indebtedness of the City within the meaning of any state, constitutional or statutory provision or limitation, but are payable solely out of the revenues and other amounts derived from the leasing of the Project (except to the extent paid out of money attributable to Bond proceeds) financed through the issuance of the Bonds and which has been leased to the Lessee. The Bonds and the interest coupons appertaining thereto shall never constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. Rental payments sufficient for the prompt payment when due of the interest on and principal of said Bonds are to be paid to the Trustee for the account of the City and deposited in a special account created by the City and designated "City of Livonia Industrial Aid Revenue Bond Fund - Allied Supermarkets, Inc. Project," and have been duly pledged for that purpose. In addition, the Bonds are secured by a mortgage on the Project acquired or constructed with the proceeds of the Bonds. The holder of this Bond shall have no right to enforce the pro- visions of the Mortgage or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Mortgage, or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Mortgage. In certain events, on the conditions, in the manner and with the effect set forth in the Mortgage, the principal of all the Bonds issued under the Mortgage and then outstanding may become or may be declared due and payable before the stated maturity thereof, together with interest accrued thereon. Modifications or alterations of the Mortgage, or of any supple- ments thereto, may be made only to the extent and in the circumstances permitted by the Mortgage. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to exist, happen and be performed precedent to and in the execution and delivery of the Mortgage and the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, that the issuance of this Bond and the series of which it forms a part, together with all other obligations of the City, does not exceed or'violate any constitutional or statutory limitation, and that the lease rentals and revenues pledged to the payment of the principal of and interest on this Bond and the series of which it forms a part, as the same become due, will be sufficient in amount for that purpose. 8557 This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Mortgage until the certificate of authentication hereon shall have been signed by the Trustee. IN WITNESS WHEREOF, said City of Livonia, Michigan, has caused this Bond to be signed in its name by the signature of its Mayor and countersigned by the signature of its Treasurer and City Clerk, there- unto duly authorized, and its corporate seal to be affixed hereto, and has caused the interest coupons attached hereto to be executed by the facsimile signatures of said Mayor and Treasurer, all as of the first day of April, 1967. CITY OF LIVONIA By By City Treasurer Mayor By City Clerk (SEAL) (FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION) This Bond is one of the Bonds of the Series A described in the within mentioned Mortgage and Indenture of Trust. By Authorized Officer. (FORM OF INTEREST COUPON) No. $ On the first day of , 19_, the City of Livonia, Michigan (unless the Bond to which this coupons appertains shall have been duly called for previous redemption) will pay to bearer, subject to the provisions of the Mortgage and upon presentation and surrender of this coupon at the principal office of the Trustee ( of , ) or its successor in trust, or at the option of the holder h3reof at the principal office of , in the City of Chicago, Illinois, or at the principal office of in the City of New York, New York, Dollars, as provided in and being semi-annual interest ;then due on its Industrial Development Revenue Bond (Allied Supermarkccs , Inc. ), Series A, numbered 8558 This coupon is not a general obligation of the City of Livonia, but is payable solely and only from certain revenues more particularly described in the Bond to which this coupon pertains. Mayor Treasurer (FORM OF REGISTRATION) Signature Date of Name of Manner of of Bond Registration Registered Owner Registration Registrar • • 8. Said Bonds shall be fully negotiable and passed by delivery, but shall be subject to registration as to principal only or as to both principal and interest in the name of the owner on registration books to be provided for that purpose by the City at the principal office of the Trustee as bond registrar in the manner provided in the proposed Mortgage. 9. There is hereby created by the City and ordered establish- ed with the Trustee a trust fund to be designated "CITY OF LIVONIA INDUSTRIAL DEVELOPMENT REVENUE BOND FUND - ALLIED SUPERMARKETS INC. PROJECT" (which is sometimes referred to herein as the "Bond Fund") which shall be used to pay the principal and interest and call premiums (if any) on the Bonds. There shall be deposited into the Bond Fund from time to time as needed from the proceeds of the sale of the Bonds an amount sufficient to pay interest becoming due on the Bonds on October 1, 1967, April 1, 1968, October 1, 1968 and April 1, 1969, it being hereby determined that this will provide for payment of interest on the Bonds accruing during the construction period of the Project and for not more than six (6) months thereafter. In addition, there shall be deposited into the Bond Fund, if and when received, (a) any amount remaining in the Construction Fund, hereinafter established, to the extent and in the manner provided in the proposed Lease Agreement, (b) all rental payments specified in the proposed Lease Agreement, which are to be used for the purpose of paying principal and interest and call premiums, if any, and other costs and expenses on the Bonds, and (c) all other moneys received by the Trustee under and pursua,r,t to any provision of the proposed Lease Agreement, or the proposed Mor,,7age, and which are required thereby to be placed in the Bond Fund. Money in the Bond Fund, except any moneys that may remain in said fund after payment in full of principal and interest and call premiums, if any, and other costs and expenses on the 8559 Bonds shall be used solely for the payment, purchase on the open market or redemption of the Bonds at or prior to maturity and the payment of interest thereon and the City hereby authorizes and directs the Trustee to withdraw sufficient funds from the Bond Fund to pay the Bonds and interest thereon and call premiums, if any, as the same become due and payable or to purchase Bonds on the open market as provided in the proposed Lease Agreement and proposed Mortgage. The bondholders shall have a first lien on all moneys in the Bond Fund and the Trustees shall have a first lien on the rental payments and all other income and revenues of the Project required to be paid by the Lessee for the payment of principal and interest and call premiums (if any) on the Bonds under the proposed Lease Agreement for the benefit of the Bondholders subject always to the proposed Lease Agreement and proposed Mortgage and said rentals and other income and revenues of the City under the proposed Lease Agreement derived from the Project are hereby irrevocable pledged for the payment of the Bonds and interest thereon. There is hereby created and ordered established with the Trustee a separate account in the Bond Fund to be designated "Sinking Fund", which sinking fund shall be used for the retirement of bonds which are a part of the Series A Bonds and which mature on April 1, 1997. From the first rental payment due under the proposed Lease Agreement in each calendar year, commencing with the calendar year beginning January 1, 1973, there shall be redeemed prior to maturity the following principal amount of Bonds on the following dates . April 1 of Principal April 1 of Principal the year Amount the Year Amount 1973 $ 490,000 1986 $1,C40,000 1974 515,000 1987 1,105,000 1975 545,000 1988 1,175,000 1976 575,00o 1989 1,255,000 1977 605,00o 1990 1,335,000 1978 640,000 1991 1,420,000 1979 68o,000 1992 1,515,000 1980 720,000 1993 1,615,000 1981 765,000 1994 1,720,000 1982 815,00o 1995 1,830,000 1983 865,000 1996 1,950,000 1984 920,00o 1997 2,080,000 1985 975,000 As its option, to be exercised on or before the forty-fifth (45th) day preceding the foregoing Sinking Fund redemption dates, the City may (a) deliver to the Trustee for cancellation Series A Bonds in any aggregate principal amount desired with all unmatured coupons attached, except in the case of fully registered bonds with no coupons attached, or (b) receive a credit with respect to its Sinking Fund obligation for any such Series A Bonds which prior to said date have been redeemed (otherwise than through operation of the Sinking Fund) or purchased on the open market and cancelled by the Trustee and not theretofore applied as a credit against any Sinking Fund redemption obligation. Each such 8560 Series A Bond so delivered or previously redeemed shall be credited by the Trustee at one hundred per cent (100%) of the principal amount thereof on the obligation of the City on such Sinking Fund redemption date and any excess of such amount shall be credited on future Sinking Fund redemption obligations in chronological order and the principal amount of Series A Bonds to be redeemed by operation of the Sinking Fund shall be accordingly reduced. 10. There is hereby created and established with the Escrowee a trust fund in the name of the City to be designated "CITY OF LIVONIA INDUSTRIAL DEVELOPMENT CONSTRUCTION FUND - ALLIED SUPERMARKETS, INC. PROJECT" (Which is sometimes herein referred to as the "Construction Fund"). The proceeds of sale of the Bonds(after deducting underwriters' fees and expenses) shall be paid to the Escrowee for deposit in the Construction Fund. There shall be transferred, from time to time as needed, from the Construction Fund to the Bond Fund a sum sufficient to pay interest on the Bonds becoming due on October 1, 1967, April 1, 1968, October 1, 1968 and April 1, 1969. Except for the foregoing, moneys in the Construction Fund shall be used to pay the cost of the Project in the manner provided in the proposed Lease Agreement. Upon completion of the Project and payment of all costs and expenses incidental thereto the balance remaining in the Construction Fund, other than amounts retained by the Escrowee for the payment of costs of the Project not then due and payable, shall be transferred to the Bond Fund and may be used, at the option of the Lessee, to reduce the Lessee's next due rental payment or payments to the extent that the moneys so transferred are sufficient therefor. 11. The maintenance and repair costs of the Project, all taxes in connection therewith and Building Permit Fees and charges will be assumed and paid by the Lessee under the proposed Lease Agreement and, accordingly, the City has no obligation with respect thereto and all such costs, expenses, taxes and permit fees and charges shall be paid by the Lessee, as provided in the proposed Lease Agreement. 12. The City shall have the right to issue additional bonds which shall be on a parity with and of equal standing and equally secured with the Series A Bonds authorized by this Resolution, but only for the following purposes and on the following conditions. (a) In amount of not to exceed Three Million ($3,000,000) Dollars for the purpose of paying the cost of completing the Project and only if there is filed with the City and the Trustee an estimate or estimates indicating that the total project cost will exceed the net receipts from the sale of the Series A Bonds and only if the Lessee agrees in writing that the rental payments provided by the proposed Lease Agreement shall be increased by an amount sufficient to pay the principal and interest on said additional Bonds to complete the Project, and 8561 (b) Not earlier than April 1, 1971 if permitted by law, in an amount of not to exceed Four Million ($4,000,000.00) Dollars for the purpose of acquiring and constructing additional industrial buildings on the site of the Project or adjacent thereto or for the purpose of acquiring the site therefor or for the purpose of acquiring industrial machinery and equipment in conjunction with the Project or said industrial buildings on the Project site or adjacent thereto or for the purpose of repairing or improving or making additions to the Project or any part thereof. Said additional Bonds for purpose of this para- graph 12(b) shall only be issued if the Lessee agrees in writing that the rental payments provided in the proposed Lease Agreement shall be increased by an amount sufficient to pay the principal and interest on said additional bonds. Said additional Bonds under either paragraphs (a) or (b) above shall be issued subject to the conditions specified in the proposed Mortgage for the issuance of additional Bonds of equal standing and in all events their issuance shall require as a condition precedent to their issuance the approval thereof by resolution of the City Council. 13. The Lessee will tak out and continuously maintain in effect or cause to be taken out/coir�inuously maintained in effect during the term of the proposed Lease Agreement insurance with respect to the Leased Premises against such risks as are customarily insured against by businesses of like size and type, including but not limited to (a) fire and extended coverage insurance to the extent of the lesser of (i) the full insurable value of the Leased Premises or (ii) an amount necessary to pay, retire and redeem all then outstanding bonds in accordance with the provisions of the proposed Mortgage, including with- out limiting the generality of the foregoing principal, interest to maturity or earliest practicable redemption date as the case may be, call premiums, if any, expenses of redemption and Trustee's and paying agent's fees, (b) in time of war in which the United States of America is a belligerent, such insurance as may be available against loss or damage by the risks and hazards of war in the same amounts as provided in (a) above, (c) insurance against liability for the death of persons resulting from injuries occurring on or in any way related to the Leased Premises, for injuries to persons occurring on or in any way relating to the Leased Premises and for damage to property occurring on or in any relating to the Leased Premises, which insurance shall be without exception or exclusion as to the City and shall be in the minimum amount of Two Million ($2,000,000) Dollars, and (d) during the period of construction and installation of the Project, Builder's Risk Insurance to the extent of the full insurable value of the Project against loss or damage by fire with standard extended coverage, vandalism and malicious mischief endorsements; all such insurance to be as more fully set forth in the proposed Lease Agreement. The City shall not be obligated to take out such insurance or to pay the cost thereof but shall be fully protected thereby, it being the intent and purpose that the Lessee pay all costs in connection with 8562 the obtaining, procuring and maintaining the foregoing insurance coverage. The proceeds of any recovery under the foregoing insurance policies shall be used and disposed of in the manner provided in the proposed Lease Agreement and the proposed Mortgage. 14. Upon occurence of a Default and upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of Trustees and Bondholders under the proposed Mortgage the Trustee or Trustees shall be entitled, as a matter of right, to the appointment of a receiver or receivers of the Mortgaged Property and of rents, revenues, issue, earnings, income, products and profits thereof pending such pro- ceedings with such powers as the Court making such appointment shall confer. The receiver may enter and take possession of the Project and lease and maintain the same, prescribe rentals and collect, receive and apply all income and revenues thereafter arising therefrom in the same manner and to the same extent as the City might do. In addition, upon the occurence of a Default the Trustee for and on behalf of the Bondholders may foreclose the proposed Mortgage on the Project and to the extent that such rights may lawfully be waived neither the City nor anyone claiming through it or under it shall set up claim or seek to take advantage of any stay, extension or redemption laws now or hereafter in force in order to prevent or hinder the enforce- ment of the proposed Mortgage or the foreclosure of the proposed Mortgage and the City for itself and all who may claim through or under it hereby waives to the extent it may lawfully do so the benefit of all such laws under which it might be entitled under the laws of the State of Michigan. All moneys received by the Trustee pursuant to any right given or action taken under the proposed Mortgage which after payment of the costs and expenses of the proceedings resulting in the collection of such moneys and of the expenses, and liabilities and advances, incurred or made by the Trustees shall be deposited in the Bond Fund and applied as provided in the proposed Mortgage. 15. Said Bonds and the interest thereon shall be additionally secured by a first mortgage covering the Mortgaged Property which proposed Mortgage shall include any additions, improvements or extensions thereafter made to the Mortgaged Property. 16. The Lessee under the proposed Lease Agreement shall have the option to purchase the Leased Premises pursuant to the provisions of the proposed Lease Agreement for an amount of money which when added to the amount then on deposit in the Bond Fund will be sufficient to pay the principal of the then outstanding Bonds, plus accrued interest thereon to the redemption date and the applicable premium (if any), plus an amount of money equal to the Trustees' and paying agents' fees and expenses under the proposed Mortgage accrued and to accrue until such final payment and redemption of the Bonds, plus the sum of One Thousand ($1,000.00) Dollars to the City. The Lessee shall also have the option to purchase during the term of the proposed Lease Agreement certain unimproved real estate, which is a part of the Site, for a purchase price 8563 equal to the original cost thereof to the City pursuant to the terms and conditions of the proposed Lease Agreement, and the Lessee shall also have the option to purchase certain Leased Equipment included under the terms of the proposed Lease Agreement at a purchase price equal to the then fair market value of said Leased Equipment pursuant to the provisions of the proposed Lease Agreement. The City shall grant certain utility and other easements in accordance with the proposed Lease Agreement. 17. Said Bonds shall be sold at private sale as authorized by Act No. 62 for the best price obtainable, but at not less than par and at a rate of interest not exceeding seven per cent (7%) per annum. Said Bonds and the attached coupons shall not be delivered to the purchaser thereof until the proposed Mortgage and proposed Lease Agree- ment have been authorized by the City Council and executed by the proper officers of the City and the Trustee and the City and the Lessee, respectively. 18. The City Clerk shall make application to the Municipal Finance Commission for an order of approval for the issuance of said bonds as required by Act No. 62. 19. This resolution shall be published in its entirety in the Livonion Observer, a newspaper of general circulation in the City before the same is effective. 20. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result AYES : Salvadore, McNamara, Kleinert, Raymond, Milligan and Ventura. NAYS : Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, this 107th special meeting of the Council of the City of Livonia was duly adjourned at 9:25 A. M., March 11, 1967. (_1 / J ADDISON W. BACON; CiE 'Cle k. 1 8564 MINUTES OF THE ONE HUNDRED EIGHTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held on March 11, 1967, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 900 A. M.. Roll was called with the following result Present-- Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, Jerry Raymond, Robert F. Nash, Jack Salvadore and Edward G. Milligan. Absent--none. Elected and appointed officials present Harvey W. Moelke, Mayor; Addison W. Bacon, City Clerk, Steve Polgar, City Attorney, Harry C. Tatigian, Chief Assistant City Attorney, Robert A. Shaw, Director of Public Works, John T. Dufour, Director of Parks and Recreation, Victor C. Phillips, Budget Director, and Thomas Griffiths, Jr. , Chief Accountant. Mr. William Lindhout, Architect, also attended the meeting. By Councilman Salvadore, seconded by Councilman Milligan, it was #285-67 RESOLVED, that having considered a letter dated March 10, 1967, from the Chairman of the Parks and Recreation Commission, approved by the Mayor and the Budget Director, which transmits Parks & Recreation Commis- sion Resolution #574-67, as well as having considered a communication dated March 8, 1967, from the Planning Commission which transmits its resolution #3-28-67, with regard to the construction of two (2) indoor artificial ice skating rinks in lieu of the previously authorized one (1) indoor artificial ice skating rink and one (1) outdoor artificial ice skating rink with warming shelter, the Council does hereby amend and modify Council Resolution #69-67 adopted on January 16, 1967 so as to delete therefrom the following language "and one (1) outdoor artificial ice skating rink with a warming shelter," and in lieu thereof insert the following' "and one (1) enclosed artificial ice skating rink"; and further, the Council does hereby authorize the architect to do all things necessary in the preparation of plans and specifications and obtain bids in connection with this project by May 1, 1967 in accordance with the provisions set forth in Ordinance No. 216, as amended, and further, the Council does hereby request the Department of Law to make the necessary revisions in the contract previously authorized by the City and the firm of William P. Lindhout, Architect, in a manner consist- ent with the action taken herein and thereafter does authorize the Mayor and City Clerk to execute the same in behalf of the City of Livonia. 8565 LA roll call vote was taken on the foregoing resolution with the following result AYES ' Kleinert, McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS ' None. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, this 108th special meeting of the Council of the City of Livonia, was duly adjourned at 9.45 A. M., March 11, 1967. Jr"‹ -K--oe-4 z-4,--..3 -12)-#4-->s.,...____.—=-, ADDISON W. BAC , Ci6y cterk. _, 8566 MINUTES OF THE FIVE HUNDRED SIXTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 13, 1967, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8.05 P. M.. Councilman Salvadore delivered the invocation Roll was called with the following result. Present--Robert F. Nash, Rudolf R. Kleinert, Edward H. McNamara, Jerry Raymond, Jack Salvadore and Edward G. Milligan. Absent--Peter A. Ventura. Elected and appointed officials present: Addison W. Bacon, City Clerk, Steve Polgar, City Attorney, Harry C. Tatigian, Chief Assistant City Attorney; Donald Nicholson, Director of Public Safety, James N. Jordan, Police Chief, David L. Jones, Water and Sewer Commissioner; Robert A. Shaw, Director of Public Works, Henry Sieferd, City Assessor, '7illiam Strasser, Chief City Engineer, Dan Andrew, Industrial Coordinator, Carl Demek, Superintendent of Operations Division, James Miller, Personnel Director, Victor C. Phillips, Budget Director, Thomas Griffiths, Jr. , Chief Accountant, and Wilbert Cooper, Director of Civil Defense. By Councilman McNamara, seconded by Councilman Kleinert, and unanimously adopted, it was #286-67 RESOLVED, that the minutes of the 566th regular meeting of the Council of the City of Livonia, held March 6, 1967, and the 107th and 108th special meeting of the Council, held March 11, 1967, are hereby approved. The Vice-President announced the receipt of a veto message from the Mayor, dated March 10, 1967 of council resolution #254-67, adopted on March 6, 1967, relative to a meeting of the City Council with the Civil Service Commission, the Bargaining Committee and the Representatives of the Fire Fighters Association. By Councilman Salvadore, seconded by Councilman Raymond, it was RESOLVED that, having considered the veto by the Mayor, dated March 10, 1967 of resolution #254-67 adopted by the Council on March 6, 1967, the Council does hereby readopt said resolution #254-67 the same as if it were word for word repeated herein. 8567 A roll call vote was taken on the foregoing resolution with the following result AYES . Salvadore, Raymond and Nash. NAYS ' Milligan, Kleinert and McNamara. The Vice-President declared the resolution defeated and the Mayor's veto sustained. *The Vice-President relinquished the Chair to Councilman Salvadore at 8.20 P. M. to speak on the above motion and resumed the Chair at 8 24 P. M. By Councilman McNamara, seconded by Councilman Milligan, it was #287-67 RESOLVED that, the Council does hereby request a meeting with the Civil Service Commission and the Bargaining Team of the City in order to resolve the differences as outlined in the letter dated March 6, 1967 from the Fire Fighters Association. A roll call vote was taken on the foregoing resolution with the following result AYES: Salvadore, Milligan, Kleinert, McNamara and Nash. LNAYS: Raymond. The Vice-President declared the resolution adopted. The communication from the Department of Law, dated March 13, 1967, relative to the effect of approving resolution authorizing issuance of Bonds under P. A. 62 of 1963, as amended by P. A. 340 of 1966, was received and filed for the information of the Council. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #288-67 RESOLVED, that the Director of Parks and Recreation is hereby requested to develop an Interim Plan for providing a full time location for a Senior Citizens Drop-in Center, this facility to provide an area for a pool table, a card playing area and kitchen facilities. By Councilman McNamara, seconded by Councilman Raymond, and unanimously adopted, it was #289-67 RESOLVED, that the Director of Parks and Recreation is hereby requested to study and make recommendations to the City Council for a permanent Senior Citizens Building containing facilities necessary to provide for the recreational needs of this group, and further, thce recommendations should include the following (a) size of structure. (b) location (c) recommended method of financing. 8568 The Minutes of the Drainage Boards for the Farmington Relief Extension No. 1 Drain and the Farmington Road Storm Relief Drain, transmitted by the Deputy Drain Commissioner, were received and filed for the information of the Council. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #290-67 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 (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, April 12, 1967, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on Petition No. 66-11-6-15 initiated by the City Planning Com- mission on its own motion to determine whether or not to amend Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, so as to add thereto a new Article which would create Flood Plain Districts to specif- ically control development as related to Livonia's flood plains, the City Planning Commission having in its resolution #1-8-67 recommended to the City Council that Petition No. 66-11-6-15 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 nature of the proposed amendment to the Zoning Ordinance as set forth above first to be published in the official newspaper of the City or a newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #291-67 RESOLVED, that having considered the communication dated February 24, 1967 from the City Planning Commission which transmits its resolution #2-23-67 adopted by the Commission on February 14, 1967, with regard to Petition No. 66-12-2-22 submitted by A. J. Erwin for Shell Oil Company requesting permission to erect a gas station as a waiver use on property zoned C-2 and located on the west side of Farmington Road between Seven Mile Road and Clarita in the Northeast 1/4 of Section 9, the Planning Commission having made a recommendation of denial with respect to said petition and the petitioner having filed an appeal with the City Clerk within ten (10) days from the Commission's determination, the Council does hereby designate Wednesday, April 12, 1967 at 8.15 P. M. as tht2 time and date for conducting a public hearing with regard to said petit on_, 8569 such hearing to be held in the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, the Zoning Ordinance of the City of Livonia. By Councilman McNamara, seconded by Councilman Milligan, it was #292-67 RESOLVED, that having considered a letter from the Chief City Engineer dated February 17, 1967, approved by the Mayor and the Director of Public Works, regarding the failure on the part of the proprietor of the proposed Gordon-Begin Park Subdivision (#1) located in the South 1/2 of Section 24 in the City of Livonia, Michigan, to proceed with the development of the said subdivision, the Council does hereby take this means to terminate and rescind all prior approvals rendered in connection with the proposed plat and all approvals previously granted with regard to bond and financial assurances in connection with improvements to be installed are hereby terminated and discontinued and the Council does determine to retain the 1% plan review fee for work done, and further, the Council does hereby rescind the approvals granted previously in council resolutions #58-62 and #117-64 for the reasons outlined in the aforesaid communication, and the City Clerk is hereby requested to do a21 things necessary or incidental to the full performance of this resolut ri. A roll call vote was taken on the foregoing resolution with the following result AYES : Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash. NAYS : None. By Councilman McNamara, seconded by Councilman Kleinert, it was #293-67 RESOLVED, that having considered the report and recommendation dated February 27, 1967 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of Resolution No. 459-65 adopted on May 5, 1965, subsequently amended by resolution #925-65 and resolution #767-66, so as to further reduce the bond for sidewalk improvements in Coventry Gardens West Subdivision to $2,000.00, of which $1,000.00 shall be in cash, and the bond for general improvements in the amount of $1500.00 cash remains unchanged as of this date; and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, and the City Clerk and City Treasurer are hereby authorized to do all 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: Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash NAYS: None. By Councilman Salvadore, seconded by Councilman Kleinert, it was 857, x#294-67 RESOLVED, that having considered a letter from the Chief City Engineer dated February 27, 1967, approved by the Mayor and Director of Public Works, regarding the failure on the part of the proprietor of the proposed Alexander Subdivision located in the Northeast 1/4 of Section 24 in the City of Livonia, Michigan, to proceed with the development of the said subdivision, the Council does hereby take this means to terminate and rescind all prior approvals rendered in connection with the proposed plat and all approvals previously granted with regard to bond and financial assurances in connection with improvements to be installed are hereby terminated and discontinued and the Council does determine to retain the 1% plan review fee for work done; and further, the Council does hereby rescind the prior approvals granted previously by the Council for the reasons outlined in the aforesaid communication, and the City Clerk is hereby requested to do all 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 : Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash. NAYS : None. By Councilman Kleinert, seconded by Councilman McNamara, it was #295-67 RESOLVED, that having considered the report and recommendation dated February 27, 1967 from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby release to Alto Building Company, 14201 W. Eight Mile Road, Detroit, Michigan 48235, the $33,500.00 bond deposited with the City in accordance with Resolution No. 708-58 adopted on November 10, 1958, as amended by resolutions #584-61, #144-64, #156-64,#680-64, #681-64, and ;x503-65 in connection witl- improvements to be installed in Tiffany Park Subdivision (Section I- North) and Tiffany Park Subdivision No. 2 located in the South 1/2 of Section 19, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the Chief City Engineer that all required improvements have been satisfactorily installed; further, the bond for Tiffany Park Subdivision (Section II-South) in the amount of $252,500,00 remains unchanged as of this date; and the City Clerk and City Treasurer are hereby authorized to do all 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: Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash. NAYS. None. The letter from the Chief City Engineer dated February 22, 1967, regard- ing the completion of the sanitary sewer along Farmington Road, between Seven Mile and Eight Mile Road, was received and filed for the information of the Council. 8571 By Councilman Milligan, seconded by Councilman McNamara, it was #296-67 RESOLVED, that having considered a letter from the Chief City Engineer dated February 27, 1967, approved by the Mayor and Director of Public Works, with regard to the acquisition of a right-of-way in connection with the Farmington Road Improvement located at 19919 Farming- ton Road, the Council does hereby authorize the payment of $110.00 to the Lawyers Title Insurance Corporation, 735 Griswold Street, Detroit, Michigan, which represents the cost of converting the Abstract of Title of such property into a Title Insurance Policy on the entire parcel; and the Council does hereby authorize the expenditure of the aforesaid amount from the Farmington Road Paving Account for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all 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: Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash. Nays; None. By Councilman Salvadore, seconded by Councilman Milligan, it was #297-67 RESOLVED, that having considered a communication dated February 28, 1967 from the Department of Law transmitting certain deeds, pursuant to council resolution #1135-66 and #171-67, which deeds were obtained in connection with the proposed widening of Farmington Road between Seven and Eight Mile Roads and which deeds are more particularly described as follows: Warranty Deed dated December 6, 1966, executed by LaVerne Rubner, and a Quit Claim Deed dated February 17, 1967 exeuted by LeorJ. Weeg and Deborah L. Weeg, each conveying: The east 60.0 feet of the following described parcel: The south 66.0 feet of the north 1716.0 feet of the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 4, T.1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel OW the Council does hereby accept for and in behalf of the City of Livonia the aforesaid deeds and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash. NAYS: None. 8572 By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #298-67 RESOLVED, that having considered the communication from the Department of Law, dated February 22, 1967, relative to the relinquish- ment of County Roads to local municipalities, the Council does hereby determine to refer the same to the Legislative Committee. By Councilman Milligan, seconded by Councilman McNamara, it was RESOLVED, that having considered a letter from the Budget Director dated March 1, 1967, with respect to the expenditure of certain monies from the Mayor's Emergency Fund for the payment of over- time wages in removing and clearing snow on the weekend of February 3, 4 and 5, 1967, the Council does hereby transfer the sum of $668.11 from the Reserve for Contingencies Account of the General Fund to Account No. 107-13; and the sum of $668.11 from the Reserve for Contingencies Account of the General Fund to Account No. 234-1 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McNamara and Raymond. NAYS: Salvadore, Kleinert and Nash. The Vice-President declared the resolution defeated. *The Vice-President relinquished the Chair to Councilman Salvadore at 8:50 P. M. to speak on the above motion, and resumed the Chair at 8:55 P. M. By Councilman McNamara, seconded by Councilman Milligan, it was #299-67 RESOLVED, that having considered a letter from the Budget Director dated March 1, 1967, with respect to the expenditure of certain monies from the Mayor's Emergency Fund for the payment of overtime wages in removing and clearing snow on the weekend of February 3, 4 and 5, 1967, the Council does hereby transfer the amount of $668.11 from Acct. No. 107-13 (Mayor's Emergency Fund) to Acct. No. 234-1 (Department of Public Works Salary Account). A roll call vote was taken on the foregoing resolution with the following result. AYES : Salvadore, Milligan, Kleinert, McNamara, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Salvadore, and unanimously adopted, it was 8573 #300-67 RESOLVED, that the regular meetings of the Council of the City of Livonia for the month of April 1967, will be held on the 3rd, 17th and 24th. On motion of Councilman Kleinert, seconded by Councilman Salvadore, and unanimously adopted, this 567th regular meeting of the Council of the City of Livonia was duly adjourned at 9:05 P. M. , March 13, 1967. j • ADDISON W. BACON, d& er .