HomeMy WebLinkAboutCOUNCIL MINUTES 1962-11-14 Page 5729
MINUTES OF THE THREE HUNDRED EIGHTY-FIFTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 14, 1962, the above meeting was held at the City Hall, 33001
Five Mils Roads Livonia, Michigan, and was called to order by the Vice President
of the Council at approximately 8:15 P. M. Councilman McCann delivered the invocation.
Roll was called with the following results Present-- Edward H. McNamara, John T.
Daugherty, John F. Dooley and James R. McCann. Absent-- *Rudolf R. Kleinert,
William E. Parks and Sydney B. Bagnall.
Elected and appointed City Officials also present: Juanita Hillas, Deputy
City Clerk; the City Attorney; the Budget Director; the Director of Public Works;
the Director of Public Safety; and the Chief City Engineer.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
► 834-62 RESOLVED that, the minutes of the 384th regular meeting of the
Council of the City of Livonia, held on November 7, 1962, are hereby ap-
proved.
The letter dated October 30, 1962, from the Parks and Recreation Commission
submitted pursuant to resolution #234-62, regarding usage of Quaker Acres as meeting
place for Senior Citizens, was received and placed on file for the information of
the Council.
The letter dated October 23, 1962, from the Parks and Recreation Commission
submitted pursuant to resolution #177-62, regarding administrative procedures governing
the conduct of all recreation programs, was received and placed on file for the in-
formation of the C ounci 1.
By Councilman Dooley, seconded by Councilman McCann, it was
#835-62 RESOLVED that, the City Engineer having filed with the City Clerk
a statement dated August 21, 1962, on all matters required by Sections 3.03
and 4.01 of Ordinance No. 1401, as amended, and a first public hearing having
been held thereon on October 22, 1962, after due notice as required by
Section 3.04 of said ordinance, and careful consideration having been given
to all such matters, the Council does, pursuant to Section 3.05 of said
ordinance, hereby
Page 5730
1. accept and approve said statement in all respects;
2. determine that it is necessary to make and determine to make the
improvement consisting of the installation of a street lighting system
in the N. E. 1/4, N. W. 1/4, S. W. 1/4 and the S. E. 1,/4 of Section 35,
T. 1 S., R. 9 E., 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 August 21, 1962;
IL. 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 N. E. 1/4, N. W. 1/4,
S. W. 1/4 and the S. E. 1/4 of Section 35, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, being more particularly described
as follows:
s„r. Beginning at a point on the E. and W. 1/4 line of Section 35,
distant North 89 degrees 52 minutes 50 seconds west, 60.0 feet
from the E. 1/4 corner of said Section, proceeding thence N. 0
degrees 20 minutes 50 seconds W. 158.0 feet; thence N. 89 degrees
52 minutes 50 seconds W., 2603.3 feet; thence N. 0 degrees 08
minutes 13 seconds W. 512.0 feet; thence due West, 607.15 feet;
thence S. 89 degrees, 57 minutes 35 seconds V. 256.73 feet; to a
curve, thence Westerly along a tangent curve to the left, radius
568.0 ft., a distance 214.06 ft., and along a tangent curve to
the right radius 530.0 ft., a distance 200.05 ft.; thence due West
19.0 ft.; thence S. 0 degrees 21 minutes 20 seconds W. 1432.23 feet;
thence S. 89 degrees 58 minutes 05 seconds W. 1033.70 feet along
the North line of J. F. Ferry Sub. No. 3 (liber 80, page 22)
thence due North 4.23 feet; thence S. 89 degrees 52 minutes 08
seconds W. 240.0 feet; thence due South 1767.90 feet along the
East property line of Merriman Road; thence S. 89 degrees 51
minutes 00 seconds E., 130.0 feet along the South line of Lot 15
of Meri-Joy Subdivision (liber 76 page 9); thence due South
616.00 feet; thence S. 1 degree 43 minutes 00 seconds E. 350.18
feet; thence S. 89 degrees 51 minutes 00 seconds E., 629.50 feet
along the North property line of Joy Road; thence due South 27.0
feet; thence S. 89 degrees 51 minutes 30 seconds E. 1446.93 feet;
thence N. 0 degrees 16 minutes 27 seconds E., 27.0 feet; thence
N. 88 degrees 17 minutes 50 seconds E., 428.85 feet; along the
North property line of Joy Road; thence N. 0 degrees 03 minutes
55 seconds E. 110.0 feet along the West property line of Lot 516
of E. G. Settle Realty Company's Bonaparte Gardens Subdivision
Page 5731
(Liber 54, Page 75); thence N. 89 degrees 43 minutes 40 seconds
E. 85.69 feet; thence N. 0 degrees 03 minutes 55 seconds E.
1154.86 feet; thence N. 89 degrees 43 minutes 40 seconds E.
2409.94 feet along the South line of Ziegler Woods Subdivision
No. 2 (Liber 76, Page 67); thence N. 0 degrees 10 minutes 00
seconds E. 633.34 feet; thence S. 89 degrees 50 minutes 00 seconds
E. 60.0 feet; thence N. 0 degrees 10 minutes 00 seconds E. 125
feet; thence N. 89 degrees 59 minutes 00 seconds W. 60.0 feet;
thence N. 0 degrees 10 minutes 00 seconds E. 558.25 feet to the
point of beginning;
7. direct the City Assessor to prepare special assessment rolls in
accordance with the Council's determination on said statement as
prepared by the City Engineer, dated August 21, 1962;
8. that upon completion of said rolls, the City Assessor shall attach
thereto the certificate required by the provisions of Section 3.07 of
Ordinance No. 401, 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 prior to the holding of the second public
hearing thereon, pursuant to Ordinance No. 401, as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty and McNamara.
NAYS: None.
The letter dated October 15, 1962, from the Chief City Engineer, submitted
pursuant to resolution #409-62, regarding an electric line extension along Newburgh
Road by The Detroit Edison Company, was received and placed on file for the information
of the Council.
The letter dated October 8, 1962, from the Water and Sewer Board, regarding
the acquisition of certain land adjacent to the DPW Yard, was received and placed on
file for the information of the Council.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#836-62 RESOLVED that, having considered the letter dated November 5,
1962- from Mr. Anthony R. Ciesnicki, 14170 Foch Avenue, Livonia, Michigan,
and the petition from residents of Buckingham Village Subdivision, each
regarding the proposed construction of a radio tower, the Council does
hereby refer the same to its Legislative Committee for recommendation for
a regulatory ordinance; and the Department of Law is hereby requested to
obtain and forward to the committee, ordinances from other communities
which may regulate such installations.
Page 5732
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#837-62 RESOLVED that, having received a petition dated November 15, 1962
from Waldman-Rose Homes, Inc., regarding the dedication of a portion of
Stonehouse Avenue, the Council does hereby table consideration of the same.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#838-62 RESOLVED that, due to a request from the petitioner, Mr. William
Brokenshire, 31370 Puritan, relative to a division of Lot No. 30 of Bell
Creek Estates Subdivision in Section 14 of the City of Livonia, and a
verbal report from the City Engineer, the Council does hereby concur with
the request of the petitioner, Mr.Brokenshire, to table such petition until
additional information is received from the petitioner.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#839-62 RESOLVED that, having considered the petition of Richard T. Gieryn,
(for and on behalf of the owners), 29859 Plymouth Road, Livonia, Michigan,
received October 10, 1962, and in accordance with the provisions of Act 73
of the Public Acts of 1959, as amended, the Council does hereby approve of
dividing Outlot "D" of Greenette Subdivision, a part of the Northwest 1/4
of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan,
into four (4) separate parcels as follows:
Parcel No. 1. The North 210 feet of Outlot "D" Greenette Subdivision
of part of the N. W. 1/44 of Section 36, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan, recorded in Liber 74, Pages 65 and 66
of Plats, Wayne County Records;
Parcel No. 2. The South 210 feet of North 420 feet of Outlot "D" Greenette
Subdivision of part of the N. W. 1/4 of Section 36, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, recorded in Liber 74, Pages
65 and 66 of Plats, Wayne County Records;
Parcel No. 3, South 210 feet of North 630 feet of Outlot "D" Greenette
Subdivision, of part of N. W. 1/4 of Section 36, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, recorded in Liber 74, Pages
65 and 66 of Plats, Wayne County Records;
Parcel No. 4. Outlot "D" except the North 630 feet Greenette Sub-
division of part of N. W. 1/4 of Section 36, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan, recorded in Liber 74, Pages 65 and
66 of Plats, Wayne County Records;
as shown on the map attached to the aforementioned petition; and the City
Clerk is hereby requested to cause a certified copy of this resolution to
he recorded in the office of the Wayne County Register of Deeds.
Page 5733
By Councilman Daugherty, seconded by Councilman McCann, it was
#840-62 RESOLVED that, having considered the report and recommendation
dated October 26, 1962, from the Chief City Engineer and approved by the
Director of Public Works, regarding a certain proposed sanitary sewer
extension to service a new commercial building on the east side of Middle-
belt Road, and in view of the recommendation that a larger sewer would
better serve the interest of the City, the Council does hereby authorize
the expenditure of the sum of $450.00 from the Sewer Budget of the Water
and Sewer Division for necessary materials, including a manhole and sewer
pipe, so as to provide the 10" line recommended in the Engineer's report;
provided, however, that the proprietor of the building referred to in the
Engineer's letter either furnish all necessary labor which will be required,
or deposit with the City a sum of money sufficient to cover the cost of such
labor; and provided, further, that the proprietor grant to the City of
Livonie, without cost to the City (and upon request of the Department of Law)
all necessary easements which may be necessary in order to accomplish this
work.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty and McNamara.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#841-62 RESOLVED that, having considered the request dated October 16,
1962, from Constables Rudnicki and Friedman for an appropriation sufficient
to purchase uniforms, the Council does hereby respectfully deny such request,
it never having been the policy of theCity to require uniformed constables.
The letter dated October 24, 1962, from the Michigan Liquor Control Com-
mission regarding origin of policy requiring local approval of applicants for liquor
licenses in Wayne County, was received and placed on file for the information of the
Council.
By Councilman Dooley, seconded by Councilman McCann, it was
#842-62 RESOLVED that, having considered the report and recommendation
dated October 9, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby authorize a reduction
of $400.00 from the cash deposit for street trees in the Newburgh Heights
Subdivision, such reduction to be effective upon receipt by the City Clerk
of a letter from the Engineering Division certifying the proprietor's full
performance of the alternate proposal described in the October 9th engineer-
ing report; and the City Clerk and City Treasurer are hereby authorized to
do all things necessary or incidental to the full performance of this
resolution; previous resolutions of the Council are modified to the extent
that they are inconsistent herewith.
Page 5734
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty and McNamara.
NAYS: None.
By Councilman McCann, seconded by Councilman Daugherty, it was
#843-62 RESOLVED that, having considered the report and recommendation
dated October 5, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #305-62, adopted on April 23, 1962, and subsequently amended by
resolutions #565-62, adopted on July 18, 1962 and #659-62 adopted on
August 22, 1962, so as to reduce the bond for remaining improvements in
Idyl Wyld Estates Subdivision No. 3 to $14,000.00, of which at least $2,000
shall be in cash, to cover the cost of remaining improvements in said
subdivision; 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: Dooley, McCann, Daugherty and McNamara.
NAYS: None.
By Councilman McCann, seconded by Councilman Dooley, it was
#844-62 RESOLVED that, having considered the report and recommendation
dated October 10, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #836-61 adopted on November 27, 1961, and subsequently amended
by resolution #161-62 adopted on February 26, 1962, so as to reduce the
bond for remaining improvements in Koloff's Sunnyside Estates Subdivision
to $14,500.00, of which at least $2,000.00 shall be in cash, to cover the
cost of remaining improvements in said subdivision; and the City Clerk and
City Treasurer are hereby authorized to do all things necessary or in-
cidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty and McNamara.
NAYS: None.
By Councilman McCann, seconded by Councilman Dooley, it was
#845-62 RESOLVED that, having considered the report and r ecommendaticn
dated October 3, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #148-59 adopted on March 9,1959, and subsequently amended by
resolutions #663-59 adopted on October 12, 1959, #348-60 adopted on June 13,
1960 #612-60 adopted October 3, 1960, #87-61 adopted on February 13, 1961,
and #797-61 adopted on November 13, 1961, so as to reduce the bond for
Page 5735
remaining improvements in Sunset Park Subdivision to $8,000.00 to cover
the cost of remaining improvements in said subdivision; and the City Clerk
is hereby authorized to do all things necessary or incidental to the full
performance of this resolution.
*Councilman Rudolf R. Kleinert arrived at 8:40 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Kleinert and McNamara.
NAYS: None.
By Councilman McCann, seconded by Councilman Daugherty, it was
#846.62 RESOLVED that, having considered the report and recommendation
dated November 2, 1962,from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #603-58 adopted on September 22, 1958, and subsequently amended
by resolutions #1475-59 adopted July �7, 1959, #561-59 a dopted September 14,
1959, #258-60 adopted May 9, 1960, #576-60 adopted September 26, 1960, and
#795-61 adopted November 13, 1961, so as to further reduce the bond for
remaining improvements in Meri-Lynn Farms Subdivision No. 4 to $1,000.00
to cover the cost of remaining improvements in said subdivision; and the
City Clerk is 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: Dooley, McCann, Daugherty, Kleinert and McNamara.
NAYS: None.
By Councilman McCann, seconded by Councilman Kleinert, it was
#847-62 RESOLVED that, having considered the report and recommendation
dated November 1, 1962, from the Chief City Engineer, approved by the
Director of Public Works, the Council does hereby amend Item No. 3 of
resolution #719-59 adopted November 9, 1959 (and readopted and reaffirmed
by resolution #2?3-61 adopted on April 25, 1961), so as to reduce the bond
for remaining improvements in Meri-Lynn Farms Subdivision No.6 to $12,000.00,
of which at least $2,000.00 shall be in cash, to cover the cost of remaining
improvements in said subdivision; 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: Dooley, McCann, Daugherty, Kleinert and McNamara.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
Page 5736
#818-62 RESOLVED that, having considered the recommendation dated
October 22, 1962, from the Parks and RecreationCommission, the Council
does hereby wend its resolution #166-62, adopted on February 26, 1962,
so as to establish the following as the fees and charges to be collected
from participants for the following recreational activities:
Activity Entry Fee
Touch Football $ 50.00
Basketball "A" 50.00
Basketball "B" 50.00
Volleyball (Men) 40.00
Baseball "A" (Men) 50.00
Softball "C" (Men, 60.00
Softball "D" (Men) 50.00
Church League (Men) 50.00
Softball (Women) 50.00
Baton Lessons 2.00
Teen Ballroom Dancing 2.50
in order that these activities may be made self-sustaining; and all prior
resolutions of the Council in conflict herewith are hereby repealed only to
the extent of such conflict.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Kleinert and McNamara.
NAYS: None.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
#819-62 RESOLVED that, the letter dated October 22, 1962/from the Parks
and Recreation Commission regarding the establishment of a revolving fund
for the self-sustaining portion of the recreation program, is hereby re-
ferred to the Department of Law and Budget Director for a report and re-
commendation as to feasibility,method and procedure.
By Councilman McCann, seconded by Councilman Dooley and unanimously
adopted, it was
#850-62 RESOLVED that, the City Council of the City of Livonia, Michigan,
does hereby take this means to request the Michigan State Highway Depart-
ment to consider improving, widening and curbing Plymouth Road for its
entire length within the City of Livonia as soon as possible, to keep
the City Council informed as to when this improvement will be scheduled
to occur and to submit to the City of Livonia, as soon as possible, an
estimate of what the total cost of this improvement will be, including an
estimate of what the City's share will amount to; and the City Clerk is
requested to forward a copy of this resolution to the Michigan State
Highway Department.
Page 5737
By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#851-62 RESOLVED that, the Council does hereby request the Chief City
Engineer and the Depart�aent of Lax to review the present system for re-
ducing subdivision bonds and to thereafter submit a report to the Council
suggesting any changes in such procedure which might be in the best interest
of the City, with particular reference to maintaining sufficient financial
assurance which will allow the City to ins tall sidewalks or other improve-
ments in new subdivisions immedia tely upon the failure of the proprietor
to do so.
By Councilman Dooley, seconded by Councilman McCann and unanimously
adopted, it was
#852-62 RESOLVED that, the Council does hereby request the D eparthaent of
Law to submit a report detailing the procedures which must be followed for
submitting charter amendments to the electorate, and also the procedures
which must be followed in order to bring about an over-all revision of the
Charter of the City of Livonia.
By Councilman Daugherty, seconded by Councilman Dooley, it was
#853-62 RESOLVED that, the Council does hereby transfer the sum of
$2,000.00 from the Unappropriated Surplus Account to the Rental Account of
the Inspection Division of the Department of Public Works, for the purpose
of providing sufficient sums to cover rental charges to the Water and Sewer
Division which have accrued during the period from April 1, 1962 to Novem-
ber 30, 1962, and the current budget for the Water and Sewer Division is
hereby revised so as to reduce by $1,000.00 the estimated rental income of
that division; and the Council does hereby determine and establish that on
and after December 1, 1962, no one division or department of City government
shall charge rental fees against any other particular division or depart-
ment of City government for the use of any particular building or part
thereof, it being the understanding of the Council that no sums have been
established for this purpose in the budget for the 1962-63 fiscal year.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Kleinert and McNamara.
NAYS: None.
At 8:52 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call, including
Councilman Kleinert.
11. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
ado pts d, it was
Page 5738
#854-62 RESOLVED that,, the Council does hereby request that the Water
and Sewer Committee review its present method for bidding local public
works contracts, and submit a report and recommendation thereafter, with
respect to any desirable changes in such procedures which might be in the
best interest of the City; and the Council does hereby request the En-
gineering Division to submit to the Water and Sewer Committee of the
Council any comments or suggestions it might have with regard to changes
in present public works bidding procedures.
By Councilman Kleinert, seconded by Councilman Dooley and unanimously
adopted, it was
#855-62 RESOLVED that,having considered the letter dated November 6, 1962,
from the Michigan Liquor Control Commission regarding the previously approved
Class C license for Walter J. and Doris M. Mahalak, the Council does hereby
table the matter pending a report from the City Planner clarifying the zoning
of the property known as 34990 Arm Arbor Trail, or 9045 Wayne Road.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#856-62 RESOLVED that, having considered the request dated November 6, 1962,
from the Michigan Liquor Control Commission, the Council hereby takes this
means to inform the Michigan Liquor Control Commission that it did pre-
viously approve, above all others, of a request from Harper Cuhningham,
28009 Lyndon, Livonia, Michigan, for a new full year Class C license, and
takes this means to inform the Michigan Liquor Control Commission that the
property located at 36401 Plymouth Road, Livonia, Michigan, is presently
zoned C-2 and may be used under existing zoning ordinances for any com-
mercial use including the operation of a Class C licensed business; and
the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
By Councilman Kleinert, seconded by Councilman Dooley and unanimously
adopted, it was
#857-62 RESOLVED that, having considered the request dated November 6, 1962,
from the Michigan Liquor Control Commission, the Council hereby takes this
means to inform the Michigan Liquor Control Commission that it did pre-
viously approve, above all others, of a request from Harold H. Gordon and
Louis P. Begin, 31460 Briarcliff Drive, Franklin, Michigan, and 17281 Faust,
Detroit, Michigan, fora new full year Class C license, and takes this means
to inform the Michigan liquor Control Commission that the property located
at 28600 Schoolcraft Road, Livonia, Michigan, is presently zoned C-2 and
may be used under existing zoning ordinances for any commercial use in-
cluding the operation of a Class C licensed business; and the City Clerk
is hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
The following preamble and resolution were offered by Councilman Dooley
and supported by Councilman McCanns
Page 5739
#858-62 WHEREAS, the City Council of the City of Livonia, County of
Wayne, Michigan, deems it necessary to acquire and construct street im-
provements in the City, consisting of widening Middlebelt Road from Five
Mile Road to Eight Mile Road, including paving the widened portion and
work incidental thereto; said improvements to be undertaken jointly with
the Board of County Road Commissioners of the County of Wayne, Michigan,
pursuant to contract;
AND WHEREAS, the City Council estimates the City's share of the
cost of said improvements, including financial and legal expenses in con-
nection with the issuance of the bonds, to be Five Hundred Fifty-Nine
Thousand Six Hundred Sixty-Six ($559,666.00) Dollars;
AND WHEREAS, the City is authorized to expend Motor Vehicle
Highway Funds allocated to it under the provisions of Section 13 of Act 51,
Public Acts of Michigan, 1951, as amended, for the foregoing purposes;
AND WHEREAS, the City Council deems it to be in the best interest
of the City to finance part of the City's share of the cost of said improve-
ments by borrowing the sum of $555,000.00, and issuing bonds of the City
therefor, pursuant to the provisions of Act 175, Public Acts of Michigan,
1952, as amended; the balance of the cost of the City's share shall be paid
from cash on hand and legally available for such purpose;
AND WHEREAS, the revenues received by the City of Livonia from the
Motor Vehicle Highway Fund pursuant to Act 51, Public Acts of Michigan, 1951,
as amended, in the year preceding the contemplated borrowing are more than
sufficient to comply with all the requirements specified in Section 4 of
Act 175, Public Acts of Michigan , 1952, as amended.
NOW, THEREFORE, BE TT RESOLVED THAT:
1. The plans and estimates of cost of the improvements as set
forth in the preamble hereto are hereby approved and adopted.
2. The period of usefulness of said improvements as set forth
in the preamble hereto is estimated to be not less than thirty (30) years.
3. The City Council of the City of Livonia hereby determines to
borrow the sum of $555,000.00 and issue bonds of the City therefor pursuant
to the provisions of Act 175, Public Acts of Michigan, 1952, as amended, for
the purpose of providing funds to pay part of the City's share of the cost
of the improvements set forth in the preamble hereto.
11. Said bonds shall be designated 1963 MOTOR VEHICLE HIGHWAY
FUND BONDS and shall consist of five hundred fifty-five (555) bonds of the
denomination of $1,000.00 each, numbered consecutively in direct order of
maturity from 1 to 555, both inclusive, dated as of January 1, 1963, and
payable serially, without option of prior redemption, as follows:
$20,000.00 July 1, 1963;
$25,000.00 July 1st of each year from 19611 to 1Q68, both inclusive;
$30,000.00 July 1st of each year from 1969 to 1972, both inclusive;
$110,000.00 July let of each of the years 1973 and 19714;
165,000.00 July 1, 1975;
$70,000.00 July 1, 1976;
$75,000.00 July 1, 1977.
Page 5740
Said bonds shall bear interest at a rate or rates not exceeding five per
cent (5%) per annum, payable on July 1, 1963, and semi-annually thereafter
on January 1st and July ]at of each year, both principal and interest to be
payable at a bank or trust company, qualified to act as paying agent, to be
designated by the purchaser of the bonds.
5. For the purpose of providing moneys to pay the principal of and
interest on the bonds herein authorized, and in accordance with the pro-
visions of Act 175, Public Acts of Michigan, 1952,E as amended, there is
hereby made an irrevocable appropriation of the amount necessary to pay the
principal of and interest on the bonds herein authorized from the moneys to
be derived from State-collected taxes returned to the City of Livonia for
highway purposes, pursuant to law, and the Treasurer of the City of Livonia
is hereby directed, during each year that any of the principal of and
interest on the indebtedness herein authorized remains outstanding and
unpaid, to set aside in a separate depositary account, to be designated
1963 MOTOR VEHICLE HIGHWAY FUND BOND DEBT RETIREMENT FUND, sufficient moneys
from the revenues received during each such year from the Motor Vehicle
Highway Fund pursuant to law to pay the principal of and interest on the
installment of such indebtedness next maturing.
6. Pursuant to the authorization of Act 175, Public Acts of
Michigan, 1952, as amended, and as additional security for the prompt pay-
ment of the principal and interest an the bonds herein authorized, tere is
hereby irrevocably pledged the full faith and credit of the City of Livonia.
7. Said bonds shall be signed by the Mayor and countersigned by
the City Clerk and City Treasurer and the corporate seal of the City shall be
affixed thereto, and the interest coupons annexed to said beds shall bear
the facsimile signatures of the Mayor and City Treasurer; said bonds,when
executed, shall be delivered to the Treasurer and be delivered by him to
the purchaser thereof on payment of the purchase price, in accordance with
the bid therefor, when accepted.
7. Said bonds and the attached coupons shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1963 MOTOR VEHICLE HIGHWAY" FUND BOND
No. $1,000.00
KNOW ALL NEN BY THESE PRESENT that the CITY OF LIVONIA, County of Wayne,
State of Michigan, for value received hereby promises to pay to the bearer hereof
the sum of
ONE THOUSAND DOLLARS
lawful money of the United States of America, on the first day of July, A. D., 19 ,
with interest thereon from the date hereof until paid at the rate of
per cdnt ( %) per annum, payable on July 1, 1963, and seri-annually thereafter on
the first day of January and July of each year, upon presentation and surrender of
Page 5741
the proper interest coupons hereto annexed as they severally become due. Both principal
of and interest on this bond are payable at
and for the rom t payment p of this bond, both principal and interest, the full faith,
credit and resources of the City of Livonia are hereby irrevocably pledged.
This bond is one of a series of five hundred fifty-five (555) bonds of even
date and like tenor, except as to rate of interest and date of maturity, aggregating
the principal sum of $555,000.00, issued pursuant to authority of Act 175, Public
Acts of Michigan, 1952, as amended, and pursuant to resolution of the City Council
adopted November 14, 1962, for the purpose of defraying part of the City's portion of
improving certain county roads in said City.
This bond and the interest thereon are payable from the proceeds of State-
collected taxes returned to the City of Livonia for road purposes pursuant to law;
and the resolution authorizing the issuance and sale of said bonds contains an ir-
revocable appropriation of the amount necessary to pay the principal of and interest
on this bond and the series of bonds of which this is one from the moneys derived
from such State-collected taxes so returned to the City of Livonia for highway pur-
poses which have not been theretofore specifically allocated and pledged for the
payment of indebtedness, and in case of the insufficiency of said fund out of the
general funds of the City of Livonia; and it is hereby certified and recited that
all acts, conditions and things required to be done, exist and happen, precedent to
and in the issuance of said series of bonds of which this is one, in order to make
them valid and binding obligations of said City, have been done, exist and have
happened in regular and due form and time as required by law, and that the total
indebtedness of said City, including the series of bonds of which this is one, does
not exceed any constitutional, charter or statutory limitation.
IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan,
by its City Council has caused this bond to be signed in the name of said City 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 by the facsimile signatures of the Mayor and City Treasurer, all as
of the first day of January, A. D., 1963.
CITY OF LIVONIA
By
Mayor
(Seal)
Countersigned:
City Treasurer
City Clerk
(Form of Coupon)
NO.
On the first day of , A.D., 19 the City of Livonia,
County of Wayne, State of Michigan, hereby promises to pay to the bearer hereof the
sun of Dollars, at
being the •emi-annual interest due that date on its 1963 Motor Vehicle Highway Fund
Bond dated January 1, 1963, No.
Mayor
City Treasurer
Page 5712
9. 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 ap-
proval, the City Clerk shall cause notice of sale of said bonds to be
published in the Michigan Investor of Detroit, Michigan, and The Livonian,
Livonia, Michigan, fixing the date of sale for a regular or special meeting
of the City Council occurring at least seven (7) full days after the date
of such publication.
10. The notice of sale of said bonds shall be in the following form,
subject to any changes that may be required therein by the Municipal Finance
Commission:
OFFICIAL NOTICE OF SALE
$555,000.00
CITY OF LIVONIA, COUNTY OF WAYNE
MICHIGAN
1963 MOTOR VEHICLE HIGHWAY FUND BONDS
Sealed bids for the purchase of 1963 Motor Vehicle Highway Fund Bonds to be
issued by the City of Livonia, County of Wayne, Michigan, of the par value of
$555,000.00, will be received by the undersigned at her office in the City Hall in
said City until 7:30 o'clock p. m., Eastern Standard Time, onthe
day of , 1963, at which time and place said bids will be publicly
opened and read.
Said bonds will be dated January 1, 1963, will be five hundred fifty-five
(555) coupon bonds of the denomination of $1,000.00 each, will be numbered consecutively
in the direct order of their maturities from 1 to 555, both inclusive, and will bear
interest from their date at a rate or rates not exceeding five per cent (5%) per
annum, expressed in multiples of 1/8 of 1%, said interest to be payable on July 1, 1963,
and semi-annuallrthereafter on January 1st and July 1st of each year. The interest
rate for each coupon period on any one bond shall be at one rate only and represented
by one interest coupon. Accrued interest to the date of delivery of such bonds must
be paid by the purchaser at the time of delivery.
Said bonds will mature serially, without option of prior redemption, as
follows:
$20,000.00 July 1, 1963;
$25,000.00 July 1st of each year from 1964 to 1968, both inclusive;
$30,000.00 July 1st of each year from 1969 to 1972, both inclusive;
$10,000.00 July 1st of each of the years 1973 and 1974;
$65,000.00 July 1, 1975;
$70,000.00 July 1, 1976;
475,000.00 July 1, 1977.
Both principal and interest will be payable at a bank or trust company,
qualified to act as paying agent, to be designated by the purchaser of the bonds.
For the purpose of awarding the bonds, the interest cost of each bid will
be computed by determining at the rate or rates specified therein, the total dollar
value of all interest on the bonds from (here insert the first day of the month next
following the date of receiving bids or the date of the bonds, whichever is later)
to their maturity and deducting therefrom any premium. The bonds will be awarded to
Page 5743
the bidder whose bid on the above computation produces the lowest interest cost to
the City. No proposal for the purchase of less than all of the bonds or at a price
less than their par value will be considered.
The bonds are to be issued pursuant to the provisions of Act 175, Public
Acts of Michigan, 1952, as amended, and are issued in anticipation of Motor Vehicle
Highway Fuhd payments to be received by the City of Livonia, aad said bonds will
pledge the full faith and credit of the City of Livonia for their payment.
A certified or cashier's check in the amount of $11,100.00, drawn upon an
incorporated bank or trust company, payable to the order of the Treasurer of the
City of Livonia, must accompany each bid as a guaranty of good faith on the part of
the bidder, to be forfeited as liquidated damages if such bid is accepted and the
bidder fails to take up and pay for the bonds. No interest will be allowed on the
good faith checks and checks of unsuccessful bidders will be promptly returned to
each bidder's representative or by registered mail.
Bids shall be conditioned upon the unqualified opinion of Miller, Canfield,
Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the bonds.
The cost of such opinion shall be paid by the City. The cost of printing the bonds
shall be paid by the purchaser. Bonds will be delivered at Detroit, Michigan.
The right is reserved to reject any or all bids.
Envelopes containing the bids should be plainly marked "Proposal for Bonds."
Clerk, City of Livonia
APPROVED:
STATE CF MICHIGAN
MUNICIPAL FINANCE COMMISSION
11. A copy of this resolution shall be published in The Livonian
of Livonia, Michigan, a newspaper of general circulation in the City of
Livonia, Michigan, once before this resolution becomes effective.
12. All resolutions and parts of resolutions insofar as they con-
flict with the provisions of this resolution be and they hereby are rescinded.
A. roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McCann, Daugherty, Kleinert and McNamara.
NAYS: None.
The following preamble and resolution were offered by Councilman Daugherty
and supported by Councilman Kleinert:
#859-62 WHEREAS, there exists an imperative need to acquire in the City
of Livonia as a part of the Wayne County Metropolitan Sewerage and Sewage
Disposal System, sewer improvements as hereinafter in the Contract more
particularly set forth; and
Page 5744
WHEREAS, preliminary plans and estimate of cost of said improve-
ments have been prepared by John E. Hiltz & Associates, Inc., consulting
engineers of Detroit, Michigan, which said preliminary plans and estimate
of cost have been reviewed by the City Council; and
WHEREAS, the City Council has determined that it is necessary
for the public health to acquire said sewer improvements in accordance
with said preliminary plans and estimate of cost; and
WHEREAS, Sections 5a, 5b and 5c of Act 342, Public Acts of
Michigan, 1939, as amended, authorize the execution of contracts between
municipal units and the proper county agency providing for the acquisition,
construction and financing of sewer improvements; and
WHEREAS, The County of Wayne, acting by and through its Board of
Supervisors, and in accordance with Act 3112, Public Acts of Michigan, 1939,
as amended, by resolution adopted by majority vote of its Board of Super-
visors on October 9, 1939, and by Ordinance No. 200 duly adopted ou Septem-
ber 29, 1952, authorized and directed that there be established a system of
sewage disposal improvements and services to be known as the Wayne County
Metropolitan Sewerage and Sewage Disposal System, and did designate the
Board of County Road Commissioners of the County of Wayne, as the agency
for the County, to acquire, operate, maintain and improve the System with
all the powers and duties conferred upon such agency by statute; and
T }EREAS, the City Council determines it to be in the best interest
of the City to acquire said sewer improvements and to finance the cost
thereof in accordance with the provisions of Sections 5a, 5b and 5c of
Act 342, Public Acts of Michigan, 1939, as amended; and
WHEREAS, a contract between the City of Livonia and the Board of
County Road Commissioners of the County of Wayne, acting for and on behalf
of the County of Wayne, providing for the acquisition, construction and
financing of said sewer improvements, and such matters as are deemed neces-
sary thereto, has been prepared;
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Livonia hereby determines it
to be necessary for the public health and safety to acquire the sewer ex-
tensions and improvements set forth in the Contract herein included as a
part of this resolution.
2. The City Council deems it to be in the best interest of the
City of Livonia to finance the cost of such improvements in accordance with
the provisions of Sections 5a, 5b and 5c of Act 342, Public Acts of Michigan,
1939, as amended.
3. The City Council hereby approves the preliminary plans and
estimate of cost of said improvements prepared by John E. Hiltz and
Associates, Inc., consulting engineers of Detroit, Michigan.
4. The City Council does hereby approve the following Contract
for the acquisition, construction and financing of said sewer improvements:
Page 5745
CONTRACT
THIS CONTRACT, made and enter,d into this day of
A. D., 1962, by and between the BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF
WAYNE, Michigan, a public body corporate, acting for and on behalf of the County of
Wayne, Michigan, party of the first part, hereinafter referred to as the "BOARD,"
and the CITY tF LIVONIA, a municipal corporation in the County of Wayne, State of
Michigan, hereinafter referred to as the "CITY,"
WITNESSET H:
WHEREAS, the County of Wayne, Michigan, acting by and through its Board of
Supervisors and in pursuance of the authority conferred upon it by Act 3112, Public
Acts of Michigan, 1939, as amended (hereinafter referred to as "Act 342"), did by
resolution duly adopted by a majority vote of its members-elect on October 9, 1939,
and by Ordinance No. 200 duly adopted on September 20, 1952, authorize and direct that
there be established a system of sewage disposal improvements and services, to be known
as the Wayne County Metropolitan Sewerage and Sewage Disposal System (Hereinafter
referred to as the "County System"), and did designate the BOARD as the agency for the
County to operate and maintain such System with all the powers and duties conferred
upon such agency by statute; and
WHEREAS, said Ordinance No. 200 specifically provides, in part, as follows,
to wit:
"Section 10. To provide for necessary improvements, additions
and extensions to the System, and the financing thereof, the
Board is authorized to prepare plans, details and specifications
therefor, to prepare and subunit necessary ordinances, resolutions
or other documents necessary to the issuance of any of the type
of bonds or notes authorized by the provisions of Act 342, Public
Acts of 1939, as amended, and to that end is authorized to maks
and execute contracts, agreements or other documents relating
thereto as authorized by the provisions of said Act: Provided,
However, that before any bonds or notes are issued or sold, the
proceedings authorizing the issuance or sale shall be formally
approved by resolution or ordinance of the Board of Supervisors
of Wayne County in manner provided by said Act."
and
WHEREAS, pursuant to the auth ori z ati oh provided in said Act 342 and the
above ordinance and resolutions, the County of Wayne, through the BOARD as its duly
designated agency, and pursuant to the necessary contracts with the CITY has hereto-
fore constructed certain improvements and additions to the County System located in
the CITY, which improvements and additions were and are vitally necessary to preserve
and protect the public health, and which said improvements and additions were financed
by the issuance of bonds, designated Wayne County Metropolitan Sewerage and Sewage
Disposal System Bonds (Livonia Section) in the aggregate principal amount of
$6,700,000.00, which said bonds were secured and payable primarily by contract pay-
ments pledged by the CITY, and secondarily by the obligation of the County of Wayne
to advance any deficiencies out of its general funds, all as authorized by the pro-
visions of said Act 342; and
Page 5746
WHEREAS, because of the tremendous growth and development of the area in
the County of Wayne located in the CITY for industrial, commercial and residential
purposes, an imperative need has existed and does now exist for further sanitary
sewers in order to provide for the disposal of sewage from said developing area. That
by reason of the lack of major interceptor sewers of sufficient capacity to transport
sewage from such area after development and building up of such area, the State De-
partment of Health had heretofore refused to issue permits for the construction of
severs in said area, and the growth and development of the area has heretofore been
arrested and stopped by reason thereof; and
WHEREAS, in order to provide the interceptor sewers necessary to service the
area in Wayne County, including the CITY, known as the Rouge Valley District, so that
sewage emanating from said area may be collected and transported for treatment to the
sewage disposal facilities of the City of Detroit, the County of Wayne, by its Depart-
ment of Public Works, is in the process of constructing said necessary facilities pur-
suant to the provisions of Act 185, Public Acts of Michigan 1957, as amended, and
contract therefor entered into with the municipalities served by said interceptor sewers,
including the CITY, which said contract is dated as of August 10, 1961, by the terms
of which said contract, the CITY has purchased additional c. f. s. capacity sufficient
to provide for its estimated ultimate population, and has agreed to pay its share of
the principal and interest of bonds issued to pay the cost thereof, which share is
specified in the contract as 25.777% thereof, the principal amount of bonds presently
being $16,815,000.00 maturing over a period of forty (1i0) years, from 1966 to 2001,
inclusive; and
WHEREAS, to utilize the capacity in the interceptors of the Rouge Valley
District so purchased by the CITY, and to provide for and protect the public health,
it is vitally hecessary that additional sewers be immediately constructed to as to
service the developing areas of the CITY, the State Department of Health having now
removed the ban on construction of additional sewers in said area by reason of pro-
vision being made for the financing and construction of the new interceptors in the
Rouge Valley Dil trict; and
WHEREAS, said additional sanitary sewers and improvements are described as
follows, to wit:
1. A Sanitary sewer along Schoolcraft Road extending from the
term nus of the existing sanitary sewer inSchoolcraft Road
at Farmington Road, to Levan Road; thence North on Levan Road
a distance of approximately 1400 feet, including an arm from
said sewer extending North on Stark Road a distance of ap-
proximately 500 feet.
2. A Sanitary sewer along Plymouth Road extending from the Wayne
County Sewage Disposal System's interceptor on Inkster Road
to a point approximately 1300 feet East of Merriman Road; thence
North to a point approximately 375 feet North of the Center-
line of Plymouth Road; thence West along a line approximately
375 feet North of and parallel to PlymouthRoad to a point ap-
proximately 1200 feet East of the Centerline of Farmington
Road; thence South to Plymouth Road; thence West a long Plymouth
Road to a point approximately 150 feet East of Stark Road,
including an arum from said sewer extending North along Merriman
Road a distance of approximately 2100 feet.
Page 5747
A blueprint plan showing in detail said sewer improvements is on file in the
office of the BOARD; and
WHEREAS, the BOARD has caused preliminary plans and estimate of cost of said
proposed sewer improvements to be prepared by John E. Hiltz & Associates, Inc., of
Detroit, Michigan (hereinafter in this Contract called "Consulting Engineers"), which
said estimate of cost is in the sum of Eight Hundred Thousand ($800,000.00) Dollars
(which said estimde of cost is hereinafter referred to in this Contract as "ESTIMATED
COST"); and
WHEREAS, said sewer improvements constitute and are additions to the County
System in the same category as previous sewers constructed and financed by the
issuance of the bonds hereinbefore referred to, and it is the determination and
judgment of the BOARD and the CITY that said new sanitary sewer improvements should
be financed and constructed in the same manner and pursuant to the authorization pro-
vided in Act 342 and Ordinance No, 200 hereinbefore referred to, all of said new
sewer improvements being vitally necessary to preserve and protect the public health; and
WHEREAS, the execution of this Contract has been authorized by resolution
of the City Council of the CITY adopted on , 1962, which said
resolution has been published in a newspaper of general circulation in the CITY, and
more than thirty (30) days have elapsed since such publication and no petition for
referendum concerning said resolution or this Contract has been filed with the City
Clerk of said CITY;
NOW, THEREFORE, in consideration of the premises and the covenants of each
other, the parties hereto agree as follows:
1. The BOARD and the CITY hereby approve and confirm the sewer improve-
ments to be acquired and constructed as set forth in the preamble to this Contract,
and agree that the same shall be acquired and constructed in the manner provided by
and pursuant to this Contract. The BOARD and the CITY further hereby approve and
confirm the preliminary plans for said sewer improvements prepared by the Consulting
Engineers and the ESTIMATED COST as set forth in the preamble hereto. The acquisition
and construction of the sewer improvements herein approved are hereinafter in this
Contract referred to as "PROJECT TO BE FINANCED."
2. The PROJECT TO BE FINANCED and the ESTIMATED COST thereof in the sum
of $800,000.00, as set forth in the preamble to this Contract, includes all surveys,
plans, specifications, acquisition of property for rights-of-way, including con-
sequential and abuttal damages, if any, and interest on awards, physical construction
necessary to acquire and construct the sewer improvements approved and confirmed in
Section 1 of this Contract, the acquisition of all materials necessary to acquire and
construct said sewer improvements and engineering supervision, administrative, legal
and financing expenses necessary in connection with the acquisition and construction
of said sewer improvements and the financing thereof.
3. The BOARD will acquire and construct the sewer improvements approved
and confirmed in Section 1 of this Contract and for that purpose will take bids for
the acquisition and construction of improvements prior to the time that any bonds
are issued for the purpose of financing the cost of said improvements. The BOARD
shall in no event enter into say final contract or contracts for the construction and
acquisition of said improvements where such contract price or prices will be such as to
cause the actual total cost of the PROJECT TO BE FINANCED to exceed the ESTIMATED COST,
Page 5748
as set forth in the preamble to this Contract, unless the CITY, by resolution of its
City Council, approves said increased total cost and agrees to pay the excess over
the estimated cost, either in cash, or by specifically authorizing the maximum principal
amount of bonds to be issued as provided in Sections 5 and 6 of this Contract, to be
increased to an amount which will provide sufficient funds to meet said increased total
cost. The sewer improvements shall be acquired and constructed by the BOARD in accordance
with the plans and specifications therefor based on preliminary plans approved by this
Contract; PROVIDED, HOWEVER, that minor variations from said plans and specifications
may be made without the approval of the CITY if such variations shall not materially
affect said plans and specifications. All matters relating to engineering plans and
specifications, together with the making and letting of final construction contracts,
for the sewer improvements specified in Section 1 of this Contract shall be in the
exclusive control of the BOARD. All acquisition of right of way, inspection and the
approval of work and materials thereunder and all construction supervision shall be
done by the CITY, who shall cause certificates for required payments to contractors to
be executed in the manner and at the times required by the construction contracts which
such certificates shall be presented to the BOARD by the CITY and the BOARD shall make
the payments required to be made. The BOARD shall be entitled to make any payment re-
quired to be made pursuant to any certificate filed with it by the CITY on the basis
of the certificate alone and shall not be required to make any determination or in-
vestigation as to whether the work has actually been done or the materials supplied.
4. Upon completion of the sewer improvements specified in the preamble
and approved in Section 1 of this Contract, the City shall operate and maintain said
improvements at its sole expense. The sanitary sewage collected by said sewers will
be transported through the interceptors of the Rouge Valley Sewage Disposal System, as
set forth and provided in the Contract with the County of Wayne, through its Department
of Public Works, referred to in the preamble hereto, and disposed of and treated through
the treatment facilities of the City of Detroit as provided in said Contract. Under the
provisions of said Contract the CITY is obligated to pay the sewage disposal rate
established for said service from time to time by the Board of Public Works of the
County. By reason thereof no charge for such service shall be established by the BOARD,
and the sole obligation of the CITY in such respect is to pay the sewage disposal rate
as established from tine to time by the Board of Public Works or its successor in ac-
cordance with the provisions of said Contract.
5. To carry out and accomplish the PROJECT TO BE FINANCED, in accordance
with the provisions of Act 342, Public Acts of Michigan 1939, as amended, the BOARD
shall take the following steps.
(a) The BOARD shall immediately take all steps necessary to take
bids for and enter into and execute final construction contracts for the
acquisition and construction of the sewer improvements specified in the
preamble and approved in Section 1 of this Contrect in accordance with
the plans and specifications therefor based on the preliminary plans as
approved by this Contract. Said final construction contracts shall
specify a completion date of the sewer improvements.
(b) The BOARD will require and procure from the contractor or
contractors undertaking the actual construction and acquisition of the
sewer improvements, necessary and proper bonds to guarantee the performance
of the construction contract or contracts, and such labor and material bonds
as may be required by law, in such amount and such forms as may be
approved by the BOARD.
Page 5749
(c) The BOARD will submit to the Board of Supervisors of the County
of Wayne, an ordinance or resolution, providing for the issuance of bonds
in the aggregate principal amount of not exceeding $800,00Q.00 (except as
authorized pursuant to Section 3 of this Contract), said bonds to mature
serially as authorized by law over a period of years, not exceeding forty
(40), as may be agreed upon by the CITY, which bonds will be secured
primarily by the payments required to be made by the CITY pursuant to this
Contract, and secondarily, if approved by a majority of the members-elect
of the Board of Supervisors, by the full faith and credit of the County of
Wayne. After due adoption of the bond ordinance or resolution, the BOARD
will take all necessary legal procedures and steps necessary to effectuate
the sale and delivery of said bonds.
(d) The BOARD, upon receipt of the proceeds of sale of the bonds, will
comply with all provisions and requirements provided for in the ordinance or
resolution authorizing issuance of the bonds and this Contract relative to
the disposition and use of the proceeds of sale of the bonds.
6. It is the intent and agreement of the parties to this Contract that the
cost of the PROJECT TO BE FINANCED will be paid by the CITY. Said cost will be pro-
vided by the issuance and sale of the bonds referred to in Section 5(c) of this Contract,
and in the principal amount of not exceeding $800,000.00 (unless said principal amount
is increased pursuant to the provisions of Section 3 of this Contract). Immediately
upon the issuance of the bonds by the County of Wayne to finance the cost of the
PROJECT TO BE FINANCED, the BOARD shall notify the CITY, by written communication
addressed to its City Treasurer, of the schedule of payments of principal of and interest
thereon. The CITY hereby covenants and agrees that not less than thirty (30) days prior
to the due date of any principal or interest payments thereon, it will remit to the
BOARD sufficient funds to meet said payments in full. From time to time as the BOARD
is billed by the paying agent or agents for the bonds to be issued for their services
as paying agent, or registering bonds, and as other costs and expenses accrue to the
BOARD from handling of the payments made by the CITY, the BOARD shall notify the CITY
of the amount of such paying agency fees and other costs and expenses, and the CITY
shall, within thirty (30) days from such notification, remit to the BOARD sufficient
funds to meet such paying agency fees and other costs and expenses.
7. The CITY, pursuant to the authorization of Section 5(a) of Act 342,
Public Acts of Michigan, 1939, as amended, pledges its full faith and credit for the
prompt and timely payment of its obligations expressed in this contract, and shall
each year, commencing with the year 1963, levy a tax in an amount which, taking into
consideration estimated delinquencies in tax collections, will be sufficient to pay
its obligations under this Contract becoming due before the time of the following
year's tax collections: PROVIDED, HOWEVER, that if at the time of making such annual
tax levy there shall be other funds on hand earmarked and set aside for the payment of
said contractual obligations falling due prior to the next tax collection period, then
the annual tax levy may be reduced by such amount.
8. The CITY may pay in advance any of the payments required to be made by
this Contract, in which event the BOARD shall credit the CITY with such advance payment
on future due payments to the extent of such advance payment.
9. The CITY may pay additional moneys over and above any of the payments
specified in this Contract with the written request that said additional funds be used
to call bonds for redemption prior to maturity, in which event the BOARD shall be
obligated to apply and use said moneys for such purpose. Such moneys shall not then be
credited as advance payments under the provisions of Section 8 of this Contract.
Page 5750
10. In the event the CITY shall fail for any reason to pay to the BOARD at
the times specified, the amounts required to be paid by the provisions of this Contract,
the BOARD shall immediately notify, in writing, both the County Treasurer of the County
of Wayne and the City Treasurer of such default and the amount thereof, and if such
default is not corrected within ten (10) days after such notification, the County
Treasurer or other official charged with disbursement to the CITY of funds derived
from the State sales tax levy under the provisions of Act 167, Public Acts of Michigan,
1933, as amended, and returnable to the CITY pursuant to Section 23, Article X, of the
Michigan Constitution, is by these presents specifically authorized by the CITY to
withhold funds to the maximum amount necessary to cure said deficit, derived from such
sales tax levy and returnable to the CITY, and to pay said sums so withheld to the
BOARD to apply on the obligation of the CITY as herein set forth. Any such moneys so
withheld and paid shall be considered to have been returned to the CITY within the
meaning of Section 23, Article I, of the Michigan Constitution, the purpose of this
provision being solely to voluntarily authorize the use of said funds owing to the CITY
to meet past due obligations of the CITY due under the provisions of this Contract. In
addition to the foregoing, the BOARD shall have all other rights and remedies provided
by law to enforce the obligati ons of the CITY to make its payments in the manner and at
the times required by this Contract.
11. It is specifically recognized by the CITY that the payments required to
be made by it pursuant to the terms of Section 6 of this Contract are to be pledged for
and used to pay the principal of and interest on bonds to be issued by the County to
pay part of the cost of the PROJECT TO BE FINANCED, and the CITY covenants and agrees
that it will make its required payments to the BOARD promptly and at the times herein
specified, without regard to whether the project is actually completed or placed in
operation.
12. If the proceeds of the sale of the bonds to be issued by the County are
for any reason insufficient to complete the PROJECT TO BE FINANCED in accordance with
the plans and specifications therefor, the BOARD shall, if necessary, submit to the
Board of Supervisors of Wayne County an ordinance or resolution providing for the
issuance of additional bonds in such amount as will provide sufficient funds to pay
the cost of completing the 'ROJECT TO BE FINANCED, in which event the duties and ob-
ligations of the BOARD and the CITY, as expressed and set forth in Section 6 of this
Contract, shall be applicable to such additional issue of bonds as well as the original
issue. In lieu of the issuance of such additional bonds, any other method may be agreed
upon by the BOARD and the CITY to provide the necessary funds to complete the PROJECT
TO BE FINANCED.
13. After completion of the PROJECT TO BE FINANCED and payment of all costs
thereof, any surplus remaining from the proceeds of sale of bonds shall be used by
the BOARD for either of the following purposes at the option of, and upon request made
by resolution of the City Council, to wit: (a) for additional sewer and sewage disposal
facilities in the CITY subject to approval of the BOARD, or (b) credited by the BOARD
towards the next payments due the BOARD by the CITY hereunder.
Ii. All contracts for connection to the sewer improvements, whether such
connections are made during construction or after the sewer improvements are placed in
operation, shall be made by the CITY. The actual costs of such connections shall be
paid by the CITY except to the extent that the costs of such connections are included in
the cost of the PROJECT TO BE FINANCED.
15. The obligations and undertakings of each of the parties to this Contract
shall be conditioned on the successful issuance and sale of bonds pursuant to Act 31L2,
Page 5751
Public Acts of Michigan, 1939, as amended, and, if for any reason whatsoever said bonds
are not issued and sold within two years from the date of this Contract, this Contract,
except for payment of preliminary expenses and ownership of engineering date, shall be
considered void and of no force and effect. In the event that said bonds are not issued
and sold, all preliminary legal and engineering costs shall be paid by the CITY, and the
CITY shall have ownership, possession and use of all plans and specifications, surveys
and other engineering data and materials prepared.
16. The sewer improvements acquired and constructed in accordance with the
provisions of this Contract shall be a part of the County System. The CITY shall at
all times maintain the sewer improvements to be acquired and constructed hereunder. If
at any time during the term of this Contract the CITY refuses or neglects to properly
repair or maintain any of the facilities required to be maintained by it hereunder, the
BOARD shall in writing order the CITY to perform all necessary items of repair and main-
tenance and, in case of noncompliance with such order within thirty (30) days, the BOARD
may proceed withsuch work and the CITY agrees to reimburse the BOARD for any expenses
incurred thereby.
17. The BOARD and the CITY each recognize that the holders from time to time
of the bonds issued by the County under the provisions of Section 5(c) of Act 342, Public
Acts of Michigan,1939,as amended, to finance part of the cost of the PROJECT TO BE
FINANCED, will have contractual rights in this Contract and it is therefore covenanted
and agreed by each of them that so long as any of said bonds shall remain outstanding and
unpaid, the provisions of this Contract shall not be subject to any alteration or revision
which would in any manner affect either the security of the bonds or the prompt payment
of principal or interest thereon. The CITY and the BOARD further covenant and agree that
they will each comply with their respective duties and obligations under the terms of this
Contract promptly at the times and in the manner hereiffi set forth, and will not suffer to
be done arty act which would in any way impair the said bonds, the security therefor, or
the prompt payment of principal and interest thereon. It is hereby declared that the
terms of this Contract, insofar as they pertain to the security of any such bonds, shall
be deemed to be for the benefit of the holders of said bonds.
18. This Contract shall remain in full force and effect for a period of forty
(40) years from the date hereof, or until such lesser time as the bonds issued by the
County are paid in full. At such time within said forty-year term as all of said bonds
are paid, this Contract may be altered or changed by consent of the parties hereto or may
be terminated by such consent. In any event, the obligation of the CITY to make the pay-
ments required by Section 6 of this Contract shall be terminated at such time as all of
said bonds are paid in full.
19. This Contract shall inure to the benefit of and be binding upon the
respective p4rties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed this day of , 1962.
BOARD OF COUNTY ROAD COMMISSIONERS (F THE
In the Presence of: COUNTY OF WAYNE, MICHIGAN
By
By 'Chairman
Vice Chairman
By
Commissioner
CITY OF LIVONIA
By
Mayor
By
City Clerk
Page 5752
5. A copy of this resolution shall be published in The Livonian
of Livonia, Michigan, within ten (10) days from the adoption of this
resolution.
6. The Mayor and the City Clerk of the City of Livonia are
authorized to execute the Contract approved by this resolution upon the
expiration of thirty (30) days from the date of publication of this resolu-
tion; unless, under the provisions of Section 5b of Act 342, Public Acts
of Michigan, 1939, as amended, said execution is stayed by reason of the
necessity of prior approval of said contract by the qualified electors
of the City.
7. AU resolutions and parts of resolutions insofar as the same
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: Dooley, McCann, Daugherty, Kleinert and McNamara.
NAYS: None.
On motion of Councilman McCann, seconded by Councilman Dooley and
unanimously adopted, this 385th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:15 P. M., November 14, 1962.
e
g, Clark, City Clerk
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