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HomeMy WebLinkAboutCOUNCIL MINUTES 2016-11-14 39994 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTEENTH REGULAR MEETING OF NOVEMBER 14, 2016 On November 14, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Kathleen McIntyre at 7:00 p.m. Vice President Brandon Kritzman led the meeting in the Pledge. Roll was called with the following result: Brandon Kritzman, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin and Kathleen McIntyre. Absent: Maureen Miller Brosnan. Elected and appointed officials present: Scott Miller, Planner IV; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; and Mayor Dennis Wright. On a motion by Jolly, supported by White, and unanimously adopted, it was- #429-16 RESOLVED, that the Minutes of the 1,812th Regular Meeting of the Council held November 2, 2016 are hereby approved as submitted. Vice President Kritzman wished his daughter Alexandra a happy 4th birthday coming up on November 26tH Councilperson White sent birthday wishes to her twins who celebrate their 24th birthday on November 17th Councilperson Bahr apologized for his casual attire at this evening's Council meeting. President McIntyre congratulated Lieutenant Greg Yon from the Livonia Police Department who was honored at the 64th Annual Attorney General Award Ceremony in Washington, D.C. and received the prestigious William French Smith Award. She detailed the circumstances leading up to being named the recipient of the award. Regular Meeting Minutes of November 14, 2016 39995 City Clerk Nash thanked her staff for their outstanding work on the November 8th Presidential Election as well as the poll workers and the over 54,000 citizens who came out to vote. She stated it was truly a team effort by all in making things run smoothly and she commended the Livonia Police Department for their help as well. President McIntyre stated there was new data received on Items 8 and 12 on the Agenda. During Audience Communication a resident came to the podium to talk about the proposed dog park and was informed that that topic will be covered in the Study Meeting which is to follow at 8:00 p.m. A communication from the Department of Finance dated October 20, 2016, re: forwarding various financial statements for the month ending September 30, 2016, was received and placed on file for the information of the Council. On a motion by Kritzman, supported by Jolly, it was- #430-16 RESOLVED, that having considered a communication from the City Engineer, dated October 24, 2016, approved for submission by the Mayor, to which is attached a letter from Benjamin Couch, dated October 19, 2016, requesting a waiver of the sidewalk requirement in front of the residence located at 18316 Lathers Street, in the NE '/4 of Section 12, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time because there are no public sidewalks existing on Lathers Street located midblock between Curtis and Puritan; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. #431-16 RESOLVED, that having considered the report and recommendation of the Library Director, dated October 12, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bids of a) Library Design Associates, Inc., 1149 S. Main Street, Plymouth, MI 48170 for performing all work required in connection with the carpet installation for the Alfred Noble Library and the Carl Sandburg Library at a total cost not to exceed $146,178.00 and b) SCI Floor Covering, Inc., 30610 Ecorse Regular Meeting Minutes of November 14, 2016 39996 Road, Romulus, MI 48174 for performing all work required in connection with the carpet installation for the third floor of the Robert and Janet Bennett Civic Center Library at a total cost not to exceed $12,008.54, for a total amount not to exceed $158,186.54; the same having been the lowest bids received and meeting all specifications; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $158,186.54 from funds already budgeted for this purpose from the Capital Outlay — Building Improvement Accounts: Noble: Account No. 271-739-971-000; Sandburg: Account No. 271-740- 971-000 and Civic Center: Account No: 271-738-971-000. #432-16 RESOLVED, that having considered communications from the Director of Community Resources, dated October 31, 2016 and October 3, 2016, which bear the signature of the Finance Director and the City Attorney, and are approved for submission by the Mayor, to which is attached a proposed Addendum to the Specialized Services Vehicle Agreement between the Suburban Mobility Authority for Regional Transportation (SMART) and the City of Livonia to cover three (3) 2016 Champion lift equipped buses which have been provided by the Federal Transit Administration (FTA) 5310 Grant through SMART for the Livonia Community Transit Program, the Council does for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said agreement upon approval as to form and substance by the Law Department. #433-16 RESOLVED, that having considered a communication from the Director of Finance, dated October 17, 2016, approved for submission by the Mayor, with regard to proposals received from insurance carriers in connection with the City's self-insurance program for Workers' Compensation, the Council does hereby authorize the Mayor and City Clerk to enter into a contract for the period December 1, 2016 to November 30, 2018, with York Risk Services Group, 645 West Grand River, Howell, Michigan 48843, to provide the City with claims administrative services for a total estimated premium cost of $42,000.00 in year one and $43,260.00 in year two; with said estimated costs having been in fact the lowest quotation received for this item; FURTHER, the Council does hereby authorize the Mayor and the City Clerk to enter into a Contract for the period December 1, 2016 to November 30, 2018 with Midwest Employers Casualty Company, 14755 North Outer Forty Drive, Suite 300, Chesterfield, Missouri 63017, to provide the City with excess insurance coverage when losses from any one claim reach $750,000.00, for a total estimated premium cost of $128,189.00; with said estimated cost having been in fact the lowest quotation received for this item. and the Director of Finance is hereby requested to do all other things necessary or incidental to the full performance of this resolution. Regular Meeting Minutes of November 14, 2016 39997 #434-16 RESOLVED, that having considered the report and recommendation of the Director of Finance dated October 19, 2016, approved for submission by the Mayor, in connection with renewal options for the City's Liability and Property Insurance coverage, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with the Michigan Municipal Risk Management Authority (MMRMA), 14001 Merriman Road, Livonia, Michigan 48154, for the period December 1, 2016 to November 30, 2017, for the City's Liability and Property Insurance Coverage for a total premium of $1,128,312.00 and for the period December 1, 2017 to November 30, 2018, with a premium increase to be based upon reinsurance increases incurred by MMRMA in 2017, not to exceed eight percent (8%), as detailed in the aforementioned report; and the Director of Finance is hereby requested to do all other things necessary or incidental to the full performance of this resolution. #435-16 RESOLVED, that having considered a communication from the Department of Public Works, dated October 10, 2016, approved for submission by the Mayor, and which bears the signature of the Director of Finance and the City Attorney, concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following streets: Sarah Beth Road Extension (Additional) Length: 102.30 ft. Termini: Easterly Segment of Existing Sarah Beth Road to End Legal Description: Part of Lot 14 of Fairway Subdivision located in the northwest'/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 70, Page 86, Wayne County Records described as beginning at a point distant N 89048'10" E, 2293.22 feet; thence S 0011'50" E, 330 feet; thence S 89048'10"W, 155.30 feet; thence S 0011'50" E, 165.00 feet from the Northwest '/4 corner of said Section 4 and proceeding thence N 89048'10" E, 102.30 to the Point of Ending. Location: N.W. '/4 of Section 4 Rouge Bluff Court (Addition) Length: 738.82 ft. Termini: Ann Arbor Trail to End Legal Description: Part of Lots 728 and 729 of Supervisor's Livonia Plat No. 11, located in the Southeast '/4 of Section 32, T. 1 S., R. 9 E., City of Livonia, Wayne Regular Meeting Minutes of November 14, 2016 39998 County, Michigan as recorded in Liber 66, Page 64 of Wayne County Records being more particularly described as beginning at a point distant S 01°50'10" W, 1673.28 feet along the east line of Section 32; thence N 86010'00" W, 667.85 feet; thence N 03035'23" E, 60.00 feet to the north right-of-way line of Ann Arbor Trail; thence N 86010'00" W, 54.99 feet along said north right-of-way line to the centerline of Rouge Bluff Court and the Point of Beginning; thence N 03050'00" E, 53.40 feet; thence 26.68 feet along a curve to the left, radius 115.50 feet, chord bearing N 02°47'01" W, 26.62 feet; thence N 09°24'01" W, 34.86 feet; thence 54.27 feet along a curve to the left, radius 40.50 feet, chord bearing N 47047'01" W, 50.30 feet; thence N 86010'00" W, 569.11 feet to the Point of Ending. Location: S.E. '/4 of Section 32 Richfield Avenue Extension (Addition) Length: 150.31 ft. Termini: Northerly Segment of Existing Richfield Avenue to End Legal Description: That part of the Southeast'/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan more fully described as commencing at the East '/4 corner of said Section 31; thence S 01°15'51" E, 705.38 feet along the East line of said Section 31; thence N 89003'50" W, 671.16 feet; thence S 0043'43" W, 161.90 feet to the North line of Churchill Manor Site Condominium, Wayne County Condominium Subdivision Plan No. 902, as recorded in Liber 44234, Page 74, Wayne County Records; thence N 89003'46" W, 371.13 feet to the Point of Beginning; thence N 0050'37" E, 105.84 feet; thence 44.47 feet along a curve to the right, Radius 55.00 feet and a chord bearing N 23055'39" E, 43.27 feet to the Point of Ending. Location: S.E. '/4 of Section 31 Quail Chase Drive (Addition) Length: 156.66 ft. Termini: Richfield Avenue to End Legal Description: That part of the Southeast'/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan more fully described as commencing at the East '/4 corner of said Section 31; thence S 01°15'51" E, 705.38 feet along the East line of said Section 31; thence N 89003'50" W, 671.16 feet; thence S 0043'43" W, 161.90 feet to the North line of Churchill Manor Site Condominium, Wayne County Condominium Subdivision Plan No. 902, Regular Meeting Minutes of November 14, 2016 39999 as recorded in Liber 44234, Page 74, Wayne County Records; thence N 89003'46"W, 371.13 feet, thence N 0050'37" E, 105.84 feet, thence 44.47 feet along a curve to the right, Radius 55.00 feet and a chord bearing N 23055'39" E, 43.27 feet to the Point of Beginning; thence 42.09 feet along a curve to the right, Radius 55.00 feet and a chord bearing N 69000'54" E, 41.07 feet; thence S 89003'44" E, 114.57 feet to the Point of Ending. Location: S.E. '/4 of Section 31 Shrewsbury Drive (Addition) Length: 658.80 ft. Termini: Seven Mile Road to Bridge Street Legal Description: That part of the Southeast '/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan more fully described as commencing at the Southeast '/4 corner of said Section 3; thence N 90000'00" W, 797.00 feet along the South line of said Section 3 and the centerline of Seven Mile Road; thence N 0017'00" W, 60.00 feet; thence N 90000'00" W, 158.16 feet to the centerline of Shrewsbury Drive and the Point of Beginning; thence N 0°17'00" W, 129.84 feet; thence 13.85 feet along a curve to the left, radius 229.77 feet, chord bearing N 2000'36" W, 13.84 feet; thence N 3044'13"W, 75.76 feet; thence 66.94 feet along a curve to the right, radius 651.29 feet, chord bearing N 0047'38" W, 66.91 feet; thence N 2009'10" W, 50.00 feet; thence 15.58 feet along a curve to the right, radius 230.00 feet, chord bearing N 4005'32" E, 15.57 feet; thence N 6001'54" E, 60.06 feet; thence 39.06 feet along a curve to the left, radius 354.41 feet, chord bearing N 2052'27" E, 39.05 feet; thence N 0017'00" W, 164.38 feet; thence 43.33 feet along a curve to the right, radius 55.00 feet, chord bearing N 22017'18" E, 42.22 feet to the Point of Ending. Location: S.E. '/4 of Section 3 Bridge Street (Addition) Length: 137.47 ft. Termini: Shrewsbury Drive to End Legal Description: That part of the Southeast '/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan more fully described as commencing at the Southeast '/4 corner of said Section 3; thence N 90000'00" W, 797.00 feet along the South line of said Section 3 and the centerline of Seven Mile Road; thence N 0017'00" W, 60.00 feet; thence N 90000'00" W, 158.16 feet to the centerline of Shrewsbury Drive, thence N 0017'00" W, 129.84 Regular Meeting Minutes of November 14, 2016 40000 feet; thence 13.85 feet along a curve to the left, radius 229.77 feet, chord bearing N 2000'36"W, 13.84 feet; thence N 3044'13"W, 75.76 feet; thence 66.94 feet along a curve to the right, radius 651.29 feet, chord bearing N 0047'38" W, 66.91 feet; thence N 2009'10" W, 50.00 feet; thence 15.58 feet along a curve to the right, radius 230.00 feet, chord bearing N 4005'32" E, 15.57 feet; thence N 6001'54" E, 60.06 feet; thence 39.06 feet along a curve to the left, radius 354.41 feet, chord bearing N 2052'27" E, 39.05 feet; thence N 0°17'00" W, 164.38 feet; thence 43.33 feet along a curve to the right, radius 55.00 feet, chord bearing N 22017'18" E, 42.22 feet to the Point of Beginning; thence 43.33 feet along a curve to the right, radius 55.00 feet, chord bearing N 67025'42" E, 42.22 feet; thence S 90000'00" E, 94.14 feet to the Point of Ending. Location: S.E. '/4 of Section 3 The Council does hereby authorize the City Engineer acting as the Street Administrator to apply to the Michigan Department of Transportation for the inclusion of said streets in the City's local street system for purposed of computing the City's share of Act 51 revenues. AND BE IT FURTHER RESOLVED THAT the street is an approved public street and is open for public purposes; and FURTHER, that said streets are accepted into the City's local street system and are located within a right-of-way under the control of the City of Livonia and that said streets were open to the public as of December 31, 2016. #436-16 RESOLVED, Enrico Soave, Kucyk, Soave, & Fernandes, PLLC, as proprietor, having requested the City Council to approve the Washington Park Site Condominiums, located on the southwest corner of Hix and Ann Arbor Roads (former Washington Elementary School site), in the Southwest '/4 of Section 31 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the Master Deed, bylaws and site plan for the Condominium was given by the City Council pursuant to Council Resolution 151-16, adopted on April 4, 20167 and it further appearing that such site plan, together with Development Plans and specifications for improvements have been examined and approved by the Department of Public Works as set forth in the report of that Department, dated February 25, 2016, THEREFORE, THE CITY COUNCIL DOES HEREBY DETERMINE AS FOLLOWS: (1) All of the public improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including Sections 18.62 and 18.63 of Ordinance No. 543, as amended, and the provisions referenced therein, and the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, Regular Meeting Minutes of November 14, 2016 40001 installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval granted by the City shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions; (4) That the proprietor shall enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans; (5) That as a condition of obtaining necessary engineering permits prior to commencing the required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts: (a) General Improvement Bond $ 60,557.00 (minimum cash) (b) Sidewalk Bond $ 10,000.00 (minimum cash) (c) Grade & Soil Erosion Control Bond $7,800.00 (minimum cash) (d) Entrance Markers/Landscaping $ 7,500.00 (all cash) (e) Monuments and Markers Bond $ 1,500.00 (all cash) (f) Public Utility Bond $ 5,000.00 (all cash) (g) Site Development Bond $ 500.00 (all cash) (h) As-Built Drawings Bond $ 2,000.00 (all cash) Regular Meeting Minutes of November 14, 2016 40002 and require cash payments in the total amount of$88,107.59. (6) That all required cash deposits and certified checks which shall be established by the City Engineer pursuant to Article XVIII of Ordinance 543, Section 18.66 of the Ordinance, shall be deposited with the City prior to the issuance of engineering permits for this condominium development; (7) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the Condominium in accordance with City ordinances. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Kritzman, Jolly, White, Bahr, Meakin and McIntyre NAYS: None A communication from the Office of the Treasurer, dated October 247 2016, re: Petition 2016-08-01-05, was received and placed on file for the information of the Council. A communication from the Office of the Treasurer, dated November 107 2016, re: Petition 2016-08-01-05 taxes being paid to Wayne County, was received and placed on file for the information of the Council. On a motion by Bahr, supported by Jolly, and unanimously adopted, it was- #437-16 RESOLVED, that having considered a communication from the City Planning Commission, dated September 19, 2016, which transmits its resolution 09-94-2016, adopted on September 13, 2016, with regard to Petition 2016-08-01-05, submitted by Michael Gowen, requesting to rezone a portion of the property at 38105 Plymouth Road, located on the south side of Plymouth Road between Newburgh Road and Jarvis Avenue in the Southeast '/4 of Section 30, from C-1 (Local Business) to R-1 (One Family Residential), and the Council having conducted a public hearing with regard to this matter on Monday, October 247 2016, the Council does hereby approve Petition 2016-08-01-05, for Regular Meeting Minutes of November 14, 2016 40003 preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Meakin, supported by Jolly, it was- #438-16 WHEREAS, the Commission of the Municipal Building Authority of Livonia, County of Wayne, State of Michigan (the "Authority") has undertaken or will shortly undertake proceedings to refund all or a portion of the Authority's Building Authority Refunding Bonds, Series 2007, dated January 3, 2007 (the "Prior Bonds"); and WHEREAS, such refunding will result in lower costs to the City of Livonia (the "City") for the use of the facilities leased to the City; and WHEREAS, a refunding contract between the City and the Authority (the "Refunding Contract") has been prepared respecting said refunding; and WHEREAS, it is necessary that the City undertake and make certain covenants and representations respecting the Authority's proposed issuance of refunding bonds to refund the Prior Bonds (the "Refunding Bonds"). NOW, THEREFORE, BE IT RESOLVED THAT- 1. HAT:1. The City shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on the Refunding Bonds from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended, (the "Code") including, but not limited to, actions relating to any required rebate of arbitrage earnings and the expenditure and investment of bond proceeds and moneys deemed to be bond proceeds, and to prevent the Authority's refunding bonds from being or becoming "private activity bonds" as that term is used in Section 141 of the Code. 2. The City hereby authorizes the Authority to prepare and circulate a preliminary and final official statement in connection with the refunding bonds and, if applicable, further authorizes the Mayor, Clerk, Finance Director, or Treasurer to execute such official statements on behalf of the City. 3. The Mayor, Clerk, Finance Director, and Treasurer of the City are each hereby authorized to execute any certificates on behalf of the City necessary for the issuance of such Refunding Bonds. Regular Meeting Minutes of November 14, 2016 40004 4. The City hereby covenants to comply with Securities and Exchange Commission Rule 15c2-12 (the "Rule") and shall enter into an undertaking for the benefit of the holders and beneficial owners of the Refunding Bonds (the "Undertaking"). In connection therewith, the Mayor and Finance Director are each hereby authorized to execute and deliver the Undertaking prior to the delivery of the Refunding Bonds. 5. The Refunding Contract shall be dated such date as may be appropriate and the same in substantially the form attached hereto as Exhibit A, is hereby approved. The Mayor and Clerk are hereby directed to execute and deliver said Refunding Contract on behalf of the City. The Refunding Contract shall become effective immediately upon execution and delivery by the City and the Authority. 6. The City Council does hereby ratify and confirm its covenant in the Refunding Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever. Any such taxes levied to pay the obligations under the Refunding Contract shall be subject to applicable constitutional, statutory and charter tax rate limitations. 7. All resolutions and parts of resolutions insofar as the same conflict with the provisions of this Resolution be and the same hereby are rescinded. EXHIBIT A REFUNDING CONTRACT THIS CONTRACT, made and entered into as of the 14th day of November, 2016, under the provisions of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the "Act") and Act 34, Public Acts of Michigan, 2001, as amended, ("Act 34") (the Act and Act 34 collectively, the "Acts") by and between the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation organized and existing under the authority of the Act (the "Authority"), and the CITY OF LIVONIA, County of Wayne, a Michigan municipal corporation organized and existing under the Constitution and laws of the State of Michigan (the "City"). WITNESSETH WHEREAS, the Authority has been incorporated under and in pursuance of the provisions of the Act for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the Regular Meeting Minutes of November 14, 2016 40005 effective use thereof, for use for any legitimate public purpose of the City; and WHEREAS, the City and the Authority previously entered into a Refunding Contract, dated November 20, 2006, (the "Prior Refunding Contract"), pursuant to which the Authority issued bonds designated Building Authority Refunding Bonds, Series 2007, dated January 3, 2007 (the "Prior Bonds"); and WHEREAS, the Authority and the City have been advised that conditions in the bond market have now improved to the point that all or a portion of the Prior Bonds could be refunded at a savings; and WHEREAS, it is the determination and judgment of the Authority and the City that all or a portion of the Prior Bonds should be refunded (the "Refunding") to secure for the City the interest savings anticipated and thereby permit the operation of the financed facilities in a more economical fashion for the benefit of the users of the facilities and the taxpayers of the City; and WHEREAS, the execution of this contract (the "Refunding Contract") is necessary in order to implement a refunding program; NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows- 1. ollows:1. The Authority and the City hereby approve and confirm the Refunding under the provisions of the Acts in the manner provided by and pursuant to this Refunding Contract. 2. The Authority will issue a single series of refunding bonds (the "Refunding Bonds") in a total principal amount not to exceed $23,500,000 in order to pay all or part of the costs of the Refunding. All costs of the Refunding and of issuing the Refunding Bonds, including, but not limited to, payment of the principal of and interest on the Prior Bonds, underwriting discount, bond and other printing, administrative, legal and financial advisory expenses, credit enhancement costs, rating fees, trustee and paying agent/registrar fees and all related expenses shall be paid from the proceeds of sale of the Refunding Bonds or from cash amounts to be made available by the City to pay such costs. 3. To carry out and accomplish the Refunding in accordance with the provisions of Michigan law, the Authority shall take the following steps: (a) The Authority will adopt a resolution providing for the issuance of the Refunding Bonds in an aggregate principal amount not to exceed $23,500,000 (the "Refunding Bond Resolution"), such resolution to be substantially in the form attached hereto and based upon the Regular Meeting Minutes of November 14, 2016 40006 Authority's analysis of the financial benefits of the Refunding. The Refunding Bonds shall mature serially or be subject to mandatory sinking fund redemption, or both, as authorized by law, and will be issued in anticipation of the debt service installment payments required to be made by the City as provided in this Refunding Contract and will be secured primarily by the contractual obligations of the City to pay said installments when due, including interest. After due adoption of the Refunding Bond Resolution, the Authority will take all legal procedures and steps necessary to effectuate the sale and delivery of the Refunding Bonds. (b) The Authority, upon receipt of proceeds of sale of the Refunding Bonds, will comply with all provisions and requirements of law, the Refunding Bond Resolution and this Refunding Contract relative to the disposition and use of the proceeds of sale thereof. (c) The Authority shall not make any investments or take any other actions which would cause the Refunding Bonds herein authorized to be constituted as arbitrage bonds pursuant to any applicable federal statutes or regulations. (d) The Authority shall take all steps necessary to refund the Prior Bonds. 4. The full principal amount of the Refunding Bonds shall be charged to and paid by the City to the Authority in annual principal installments, together with interest and other expenses as herein provided. It is understood and agreed that the Refunding Bonds of the Authority will be issued in anticipation of such payments by the City. It is agreed that the City shall pay to the Authority, at least one business day prior to the annual maturity or mandatory redemption date of principal amounts of the Refunding Bonds, such principal amount, and in addition, at least one business day prior to each interest payment date on the Refunding Bonds, as accrued interest on the principal installments remaining unpaid, an amount sufficient to pay all interest due on the next succeeding interest payment date. From time to time as the Authority is billed by the registrar/transfer/paying agent for the Refunding Bonds for their services, and as other costs and expenses accrue to the Authority from handling of the payments made by the City or from other action taken in connection with the Refunding Bonds, the Authority shall notify the City of the amount of such fees, costs and expenses, and the City shall, within thirty (30) days from such notification, remit to the Authority sufficient funds to pay such amounts. The Authority shall, within thirty (30) days after the delivery of the Refunding Bonds, furnish the City with a complete schedule of said installments and the interest thereon and due dates and shall also, at least thirty (30) days prior to each due date, advise the City, in writing, of the Regular Meeting Minutes of November 14, 2016 40007 exact amount due on the next due date. The failure to give such notice shall not, however, excuse the City from making required payments when due under the provisions hereof. 5. The City, pursuant to Section 8a of the Act and pursuant to Act 34, hereby irrevocably pledges its full faith and credit for the prompt and timely payment of its obligations pledged for payment of the Refunding Bonds as expressed in this Refunding Contract. Pursuant to such pledge, if other funds are not available, the City shall be required to pay such amounts from any of its general funds as a first budget obligation and shall each year levy an ad valorem tax on all the taxable property in the City in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay such obligations under this Refunding Contract becoming due before the time of the following year's tax collections, such annual levy shall however be subject to applicable constitutional, statutory and charter tax rate limitations. Commitments of the City are expressly recognized as being for the purpose of providing funds to meet the respective contractual obligations of the City in anticipation of which the Refunding Bonds are issued. Nothing herein contained shall be construed to prevent the City from using any, or any combination, of the means and methods provided in Section 8a of the Act for the purpose of providing funds to meet its obligations under this Refunding Contract, and if at the time of making the annual tax levy there shall be other funds on hand earmarked and set aside for the payment of the contractual obligations due prior to the next tax collection period, then such annual tax levy may be reduced by such amount. 6. Additional moneys over and above any of the payments specified in this Refunding Contract may be prepaid as provided in this Refunding Contract. 7. All provisions of the Prior Refunding Contract not inconsistent herewith, and particularly all covenants relative to the payment of and security for the Prior Bonds made by the City therein, shall remain in full force and effect and shall apply with equal effect to the Refunding Bonds authorized hereby, it being understood that upon issuance of the Refunding Bonds, all or any portion of the Prior Bonds refunded will be defeased and the Refunding Bonds shall be substituted therefor and shall be outstanding in their place and stead. 8. Nothing herein contained shall in any way be construed to prevent additional financing under the provisions of the Act. 9. The obligations and undertakings of each of the parties to this Refunding Contract shall be conditioned upon the successful accomplishment of the proposed Refunding, and therefore if for any reason whatsoever the Refunding Bonds are not issued, then this Refunding Contract shall be considered void and of no force and effect; Regular Meeting Minutes of November 14, 2016 40008 provided, however, that in such event, all costs and expenses shall be paid by the City in accordance with existing commitments to the Authority, and the Authority shall not be obligated for such costs and expenses. 10. The Authority and the City each recognize that the holders from time to time of the Refunding Bonds will have contractual rights in this Refunding Contract, and it is therefore covenanted and agreed by each of them that so long as any of the Refunding Bonds shall remain outstanding and unpaid, the provisions of this Refunding Contract shall not be subject to any alteration or revision which would in any manner materially affect either the security of the Refunding Bonds or the prompt payment of principal of or interest thereon. The City and the Authority further covenant and agree that they will each comply with their respective duties and obligations under the terms of this Refunding Contract promptly at all times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the Refunding Bonds, the security therefor, or the prompt payment of principal of and interest thereon. It is hereby declared that the terms of this Refunding Contract insofar as they pertain to the security of the Refunding Bonds shall be deemed to be for the benefit of the holders of said Refunding Bonds. 11. This Refunding Contract shall remain in full force and effect until the Refunding Bonds issued by the Authority are paid, at which time this Refunding Contract shall be terminated, and the provisions of the Contract relative to disposition of the financed facilities shall be carried out. In any event, the obligations of the City to make the payments required hereunder shall be terminated at such time as all of the Refunding Bonds are paid in full by the City, togetherwith all interest and penalties and other obligations hereunder. 12. This Refunding Contract shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. IN WITNESS WHEREOF, the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, by its Commission, and the CITY OF LIVONIA, COUNTY OF WAYNE, MICHIGAN, by its City Council, have each caused its name to be signed to this instrument by its duly authorized officers and its seal to be affixed hereto the day and year first above written. In the presence of: MUNICIPAL BUILDING AUTHORITY OF LIVONIA By: Chairman By: Secretary Regular Meeting Minutes of November 14, 2016 40009 (Seal) CITY OF LIVONIA By: Mayor By: Clerk (Seal) STATE OF MICHIGAN ) )ss COUNTY OF WAYNE ) On this day of 2016, before me appeared and , to me personally known, who, being by me duly sworn, did, each for himself or herself, say that they are respectively the Chairman and Secretary of the Commission of the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation of the State of Michigan, and that said instrument was signed and sealed on behalf of said Authority by authority of its Commission, and the said persons acknowledged said instrument to be the free act and deed of said Authority. Notary Public, Wayne County, MI My CommissionExpires: STATE OF MICHIGAN ) )ss COUNTY OF WAYNE ) On this day of 2016, before me appeared Dennis K. Wright and Susan M. Nash, to me personally known, who, being by me duly sworn, did, each for himself or herself, say that they are respectively the Mayor and Clerk of the CITY OF LIVONIA, County of Wayne, Michigan, a municipal corporation in the State of Michigan, and that said instrument was signed and sealed on behalf of the said City by authority of its City Council and the said persons acknowledged said instrument to be the free act and deed of said City. Regular Meeting Minutes of November 14, 2016 40010 Notary Public, Wayne County, MI My Commission Expires: Mike Slater, Director of Finance, came to the podium to address this agenda item and stated that the City has a wonderful opportunity with the refunding of the 2007 Recreation Bonds which would save the City approximately 2.2 million dollars. Tom Colis, bond attorney, was also present to answer any questions of Council Following discussion by Council a roll call vote was taken on the above motion by Meakin, supported by Jolly, with the following result: AYES: Kritzman, Jolly, White, Bahr, Meakin and McIntyre NAYS: None The President declared the resolution adopted. On a motion by Meakin, supported by Jolly, and unanimously adopted, it was- #439-16 RESOLVED, that having considered a communication from the Department of Law, dated October 27, 2016, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Scott Maxwell, General Manager for McLaren Performance Technologies, Inc., for a 10-foot wide public utility easement in connection with the sanitary sewer constructed at 32367 W. Eight Mile Road in the Northeast 1/4 of Section 3, more particularly described as- (1 0-foot s:(10-foot Wide Sanitary Sewer Easement) Part of the Northeast '/4 of Section 3, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly described as: Commencing at the North '/4 Corner of Section 3; thence S 00000'00" W, 60.00 feet; thence N 89049'52" E, 30.00 feet, to the point of beginning; thence N 89049'52" E, 134.98 feet; thence S 00000'36" W, 10.00 feet; thence S 89049'52" W, 135.01 feet; thence N 00000'20" E, 10.00 feet; to the point of beginning. Regular Meeting Minutes of November 14, 2016 40011 See Attached Sanitary Sewer Easement Sketch The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Jolly, supported by White, and unanimously adopted, it was- #440-16 RESOLVED, that having considered a communication from the Department of Law, dated October 27, 2016, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Scott Maxwell, General Manager for McLaren Performance Technologies, Inc., for a 10-foot wide public utility easement in connection with the sanitary sewer constructed at 32205 W. Eight Mile Road in the Northeast 1/4 of Section 3, more particularly described as- (1 0-foot s:(10-foot Wide Sanitary Sewer Easement) Part of the Northeast '/4 of Section 3, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly described as: Commencing at the North '/4 Corner of Section 3; thence S 00000'00" W, 60.00 feet; thence N 89049'02" E, 494.94 feet, to the point of beginning; thence N 89049'02" E, 134.98 feet; thence S 00001'13" E, 10.00 feet; thence S 89049'02" W, 135.01 feet; thence N 00000'55" W, 10.00 feet to the point of beginning. See Attached Sanitary Sewer Easement Sketch The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A communication from the Department of Law, dated November 14, 20167 re: Workers' Compensation Summary, was received and placed on file for the information of the Council. Regular Meeting Minutes of November 14, 2016 40012 Vice President Kritzman stated that it is upon his recommendation that Council receive and file the Workers' Compensation Summary as it contains very useful information. There was no Audience Communication at the end of the meeting. On a motion by Jolly, supported by Bahr, and unanimously adopted, this 1,813th Regular Meeting of the Council of the City of Livonia was adjourned at 7:22 p.m. on November 14, 2016. Susan M. Nash City Clerk