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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-05-12 ADJOURNED Page 1$70 MINUTES OF THE ADJOURNED ONE HUNDRED FORTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 12, 1955, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 9:16 P. M. Roll was called with the following result; Present-- John T. Daugherty, David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey and Wilson W. Edgar. Absent-- None. By Councilman Kleinert, seconded by Councilman Edgar and unanimously adopted, it was #253-55 RESOLVED that, pursuant to a Public Hearing having been held on the Assessment Roll for the paving and improvements on Grandon Avenue in Grandon Woods Subdivision, and the Council having considered such Assessment Roll, and it further appearing that it will be necessary to sell assessment bonds to install these improvements as set forth in the report of the engineer; the City Clerk be and hereby is authorized to negotiate with John Nunneley of the law firm of Miller, Canfield, Paddock and Stone, for the purpose of preparing the necessary legal documents in regard to the aforementioned Assessment Roll for the in- stallation of such improvements, and that when the proper documents have been prepared by said law firm, the same are to be presented to the City Council for further action according to law. Mr. John Nunneley of Miller, Canfield, Paddock and Stone; Mr. Louis Schimmel of the Municipal Advisory Council; Mr. Campbell and Mr. Cushman of the Wayne County Road Commission were present and discussed with the Council an amendment to Ordinance No. 98. Mr. 'dilliam Bleakly of Shelden Land Company and Mr. Leonard Farber, attorney for Rose Hill Builders, also appeared before the Council in this matter. After considerable discussion, the matter of amending Ordinance No. 98 was delayed to an adjournment of this meeting which will be held on Tuesday, May 17, 1955, at 8:00 P. M. Councilman Killam was excused from the meeting at 11:45 P. M. The City Clerk, Marie W. Clark, presented to the Council a proposed resolution and notice of sale for the purpose of borrowing funds on tax anticipation notes. Page 1871 Councilman Whitehead, seconded by Councilman Kleinert, it was resolved tE:art #254-55 WHEREAS, it is hereby determined that it is necessary to borrow the sum of :,200,000.00 in anticipation of the collection of the OPERATING TAXES for the NEXT SUCCEEDING FISCAL YEAR ending November 30, 1956, which taxes are first due and payable on December 1, 1955, for the purpose of obtaining funds to meet current operating expenses; and WHEREAS, Act No. 202 of the Public Acts of 1943 authorizes the borrowing of money in anticipation of the collection of the unpaid tax for the next succeeding fiscal year fer such operating expenses as could not reasonably have been foreseen and adequately provided for in the current fiscal year's tax; and WHEREAS, said expenses were not foreseen and adequately pro- vided for in the tax levy for the current fiscal year, but is a necessary operating expense; and WHEREAS, outstanding loans against the operating taxes for the next secceeding fiscal year are none; and WHEREAS, the operating tax levy for the next succeeding fiscal year has not been determined; NOW THEREFORE BE if RESOLVED, that the City of Livonia borrow for the above purpose the sum of 4200,000.00, or such part thereof as the Municipal Finance Commission may authorize, and issue the notes of the City of Livonia therefor in anticipation of the collection of the operat- ing taxes for the next succeeding fiscal year ending November 30, 1956; and BE Tr FURTHER RESOLVED, that the City Clerk be and she is hereby authorized to make application to the Municipal Finance Commission for and on behalf of the City of Livonia for an order permitting this City of Livonia to borrow $200,000.00 and issue its rotes therefor as aforesaid; and BE IT FURTHER RESOLVED, that said notes bear interest at not to exceed three (3%) per cent per annum, be dated June 1, 1955 and be due and payable May 1, 1956 which is the estimated time of collection of a suf- ficient amount of the operating taxes for the next succeeding fiscal year to pay the notes in full; and BE IT FURTHER RESOLVED, that irrevocably a tax be and hereby is levied for the fiscal year ending November 30, 1956 for the payment of operating expenses for such year, sufficient for the repayment of such loan from the receipts of such taxes, and such receipts are irrevocably pledged for the repayment of such loan. BE IT FURTHER RESOLVED, that hereafter from the first collections of the taxes for the next succeeding fiscal year there be set aside in a special fund that percentage of such collections which the tax levied for operating bears to the total tax levy, said funds to be used for the pay- Page 1872 ment of the principal of and interest on said notes, and until the amount so set aside shall be sufficient for such payments, collections of such taxes shall be used for no other purpose. HF; IT FURTHER RESOLVED, that the said notes shall be payable in lawful money of the United States of America at such bank or trust company in the State of i ichigan as shall be designated by the original purchaser. BE rr FURTHER RESOLVED, that the Mayor and City Clerk of the City of Livonia be and they are hereby authorized and directed to execute said notes for and on behalf of the City of Livonia and that upon the execution of said notes the same shall be delivered to the Treasurer of the City of Livonia who is hereby authorized and directed to deliver said notes to the purchaser thereof, upon the receipt of the purchase price therefor. BE IT FURTHER RESOLVED, that such notes be sold at public sale, the notice thereof to be in substantially the following form and that a copy be submitted to the Municipal Finance Commission for approval before publication; NOTICE OF SALE $ 200,000.00 City of Livonia, Wayne County, Michigan NOTES Sealed bids for the purchase of tax anticipation notes of City of Livonia, Michigan, of the par value of $200,000.00 will be received by the undersigned at 33001 Five Mile Road, Livonia, Mica igan, until 8:00 o'clock P. M., Eastern Standard Time, on the day of , 1955, at which time and place they will be publicly opened and read. The notes will be dated June 1, 1955, will mature May 1, 1956 and will bear interest at a rate or rates not exceeding three (3%) percent per annum. Both principal and interest will be payable at the option of the purchaser. Denominations and farm of notes to be at the option of the purchaser. Accrued interest to date of delivery of such notes must be paid by the purchaser at the time of delivery. For the purpose of awarding the notes 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 notes from to their maturity and deducting therefrom any premium. The notes will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City of Livonia. No proposal for the purchase of less than all of the notes or at a price less than their par value will be considered. The loan is in anticipation of the 1955 tax. Envelopes containing the bids should be plainly marked "Proposal for Notes". Page 1873 A certified or cashier's check in the amount of twro (2%) per cent of the par value cf the notes, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City of Livonia must accompany each bid as a guarantee of good faith on the part of the bidder. Checks of unsuccessful bidders will be promptly returned. Bids shall he conditioned upon the unnualified opinion of the purchaser's attorney approving the legality of the notes, to be secured at the purchaser's expense. The purchaser shall furnish notes ready for execution at his expense. Notes will be delivered at Detroit, Michigan. The right is reserved to reject any and all bids. Marie W. Clark, City Clerk BE IT FURTHER RESOLVED, that upon receipt of said approval, the City Clerk be and she hereby is authorized to determine and fix the time of receiving bids for the purchase of said notes; the date from which interest will be computed in awarding them, to insert such time and date in the notice of sale; and to publish the approved form not less than seven days prior to the date so fixed for receiving bids in the Livonian and in the Michigan Investor. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. By Councilman Kleinert, seconded by Councilman Edgar, it was #255-55 RESOLVED that WHEREAS, the Council of the City of Livonia now having noted the opinion of the Court in the cause entitled "Wayne CouOty Circuit Court No. 276,987 - Donald viilson, Plaintiff vs. Elbert M. Hartom, Mayor of the City of Livonia, Hugh J. Wood, Jr., and the City of Livonia, a municipal corporation, jointly and severally, Defendants", and also having noted the order and judgment of said Court entered in said cause on April 26, 1955; and WHEREAS, the Council has newr authorized Elbert M. Hartom, as Mayor of Livonia or Russell C. Ashmore, as City Attorney of Livonia, to contest or oppose the action of Donald Wilson as plaintiff in the above entitled cause; and as the Council has never in any way ratified the conduct of said Elbert M. Hartom, Mayor and Russell C. Ashmore, City Attorney, in contesting or opposing the action of said Donald Wilson; and WHEREAS, the Council has never made appropriation of money or designated any fund whatsoever to pay any costs, expenses or attorney's fees incurred by any of the defendants in the above entitled cause; and WHEREAS, the Council has never authorized the City Attorney Page 1874 , or the Mayor t(11 file a motion for a new trial in said cause, or to make an appeal rom said order and judgment, or to take any further proceedings whatsoever in connection with said cause. RE IT NOW HEREBY RESOLVED, that it is the sense and position of this Council that the City of Livonia and Elbert M. Hartom, as Mayor of the City of Livonia, take no further proceeding in connection with said cause except to immediately comply with the order and judgment of said Court as entered in said cause on April 26, 1955, and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to forward a certified copy of this resolution to the Court. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: Jones. The President declared the resolution adopted. The Mayor read a request from the Police Department dated May 12, 1955. Mr. Banks of the Michigan Racing Commission arpeared before the Council in this matter. LBy Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #256-55 RESOLVED, that the request of the Police Department dated May 12, 1955, for additional funds, be tabled until Tuesday, May 17, 1955. On motion of Councilman Kleinert, seconded by Councilman Whitehead, and unanimously adopted, this adjourned 142nd regular meeting of the City Council Was duly adjourned to May 17, 1955, at 8:00 P. M., the time of this adjournment being 1:15 A. M. , May 13, 1955. Ma 7 -"--,_e,b 7,a • -• 1. 1:...f:-e/--e-IA---7,--— d. Clark, City Clerk Attested: , ��. ► �. laugherty, President of t: ouncil 14.1 / ide...4,a,r Rudolf ! ' Kleinert, Vice President of the Council