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HomeMy WebLinkAbout2020-05-11 REV. 5-26-20 41296 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND NINETY-SIXTH REGULAR MEETING OF MAY 11, 2020 On May 11, 2020, the above meeting was held via Zoom remote meeting technology and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember Rob Donovic led the meeting in the Pledge of Allegiance. Roll was called with the following result: Rob Donovic, Jim Jolly, Laura Toy, Scott Bahr, Cathy White, Brandon McCullough, and President Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Sara Kasprowicz, Secretary II; and Mayor Maureen Miller Brosnan. On a motion by White, supported by Jolly, and unanimously adopted, it was: th #125-20 RESOLVED, that the minutes of the 1,895 Regular Meeting of Council held April 27, 2020 are approved as presented. Councilmember Toy indicated Debra Morgan, lifelong resident of Livonia, recently passed away from the Covid-19 virus and offered condolences to the Morgan family. Councilmember Donovic indicated the Blue Angels will be performing a flyover to honor the front line workers in the Southeast Michigan area on Tuesday, May th 12. Donovic also indicated the Air National Guard has scheduled a flyover from the Selfridge Air Force Base later this week for the community’s front line workers. Vice President Bahr wished his daughter, Kelsey, a Happy Birthday. Vice President Bahr also wished his wife, Jamie, a Happy Birthday. Councilmember Toy extended Happy Belated Birthday wishes to Mayor Maureen Miller Brosnan. 41297 Minutes of the May 11, 2020 Regular Meeting President McIntyre extended belated Happy Birthday wishes to Vice President th Bahr and indicated he recently celebrated his 40 birthday. Councilmember Jolly announced there was one retirement in April, Scott Morgan, who retired from the Police Department after many years of service to the City and wished him well in his retirement. President McIntyre announced four (4) Public hearings scheduled for Monday, June 1, 2020, at 7:00 p.m., on the following items: 1. Paul F. Bohn, Fausone Bohn, LLP, Attorneys at Law, on behalf of Livonia Hotel Group, LLC, requesting approval of a Commercial Rehabilitation Exemption Certificate for the property located at 19625 Victor Parkway, Livonia, MI 48152, to facilitate the redevelopment of this property. (Tax ID No. 024 99 003 009) (Commercial Rehabilitation District #5) 2. Kris Morris, Oakland Industries, is requesting approval of an Industrial Facilities Exemption Certificate for a facility which will be primarily used as an office and warehouse location for Oakland Automation and Autotac, subsidiaries of Oakland Industries, located at 13107 Newburgh Rd Livonia, MI 48150. (Industrial Development Overlay District #110) 3. Proposed Special Assessment Street Lighting Project for the Capri Court Site Condominiums, located West Farmington Road, South of Eight Mile Road, in the Northeast ¼ of Section 4. Establishment of the Assessment Roll. 4. Proposed Special Assessment Street Lighting Project for the Dover Court Site Condominiums, located south of Ann Arbor Trail, between Wayne Road and Norwich, in the Southwest ¼ of Section 33. Establishment of the Assessment Roll. Mayor Brosnan thanked Council and the community for their adherence to the Governor’s Stay Home-Stay Safe Executive Order. Mayor Brosnan presented an informative update and report on how the City is implementing measures and responding to the Covid-19 pandemic. Mayor Brosnan discussed the financial impacts of being the second hardest hit City in the State of Michigan, expressing the City will work hard to get its’ fair share of federal, state and county funding for recovery efforts. Mayor Brosnan discussed the actions Livonia has taken to help offset the financial losses and the future actions being discussed for implementation when the City begins to reopen upon the expiration of the Governor’s Executive Order. 41298 Minutes of the May 11, 2020 Regular Meeting Susan Nash, City Clerk, indicated applications for absentee ballots are scheduled to be mailed out the end of May for the August Primary. Clerk Nash encouraged anyone interested in becoming part of the City’s permanent mailing list to receive an absentee ballot application to contact the Clerk’s Office. There was no Audience Communication at the beginning of the meeting. On a motion by Jolly, supported by McCullough, it was: #126-20 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated April 17, 2020, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the renewal of the contract between the City of Livonia and ESRI, Inc. for the City’s Geographic Information System (GIS), the Council does hereby approve a renewal of the contract between the City of Livonia and Esri Inc., 380 New York Street, Redlands, California 92373, to provide software maintenance for the City of Livonia’s Geographic Information System (GIS), for a one year period from July 17, 2020 to July 16, 2021, for an amount not to exceed $21,000.00, the same to be expended from funds already budgeted in Account No. 101-915-851-020 (Computer Software Maintenance) for this purpose; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, for the reason that ESRI, Inc. is a sole source supplier and no advantage would result from requiring competitive bidding. #127-20 RESOLVED, that having considered the report and recommendation of the Superintendent, Department of Parks and Recreation, dated April 8, 2020, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Allied Building Service Company of Detroit, Inc., 1801 Howard Street, Detroit, MI 48216, for performing all work required in connection with the Fox Creek Golf Course Restaurant drop ceiling replacement, for an amount not to exceed $45,814.00, to include installation of the ceiling grid, tile, electrical, reinstallation of speakers, smoke detectors, bar lighting and permits, the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $45,814.00 from funds budgeted in the Capital Projects Fund (401) for this purpose; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. 41299 Minutes of the May 11, 2020 Regular Meeting #128-20 RESOLVED, that having considered a communication from the Director of Public Works, dated April 17, 2020, submitted pursuant to Council Resolution No. 97-15, adopted on April 20, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from Paul M. Patterson, Vice President, HydroCorp Services, dated April 10, 2020, the Council does hereby approve a one-year extension of the existing contract with Hydrocorp Services, 5700 Crooks Road, Suite 100, Troy, Michigan 48098, for an amount not to exceed $63,270.00, for providing “Cross Connection Control” Program for the City of Livonia to protect the public drinking water supply from contamination for the period May 1, 2020 through April 30, 2021; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $63,270.00 from funds budgeted in Account No. 592-559-818-000 (Water and Sewer Contractual Services) for this purpose; FURTHER, the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute an agreement, approved as to form and substance by the Department of Law, with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, HydroCorp is a sole source provider for a project of this magnitude, and such action is taken in accordance with Section 3.04.140D3 of the Livonia Code of Ordinances, as amended. #129-20 RESOLVED, that having considered a communication from the City Engineer, dated April 17, 2020, which bears the signature of the Director of Finance, is reviewed as to form by the City Attorney, is approved by the Director of Public Works, and approved for submission by the Mayor, to which is attached a letter from OHM Advisors, dated April 16, 2020, enclosing a proposed Resolution to Tentatively Award a Construction Contract for Water System Improvements, funded through the State of Michigan’s Drinking Water Revolving Loan Fund (DWRF) program, and recommending awarding the contract to the low bidder, the Council does hereby tentatively accept the bid of D & D Water & Sewer, Inc., 5700 S. Sheldon, Canton, MI 48188, for performing all work required in connection with the Water Main Improvements related to DWRF Project No. 7452-01, Project Areas 1 and 3, located at 6 Mile and Middlebelt Roads and Bonaparte Gardens north of Joy Road between Henry Ruff and Middlebelt Roads, for a total amount not to exceed $4,136,851.55, contingent upon successful financial arrangements with the DWRF, with Inspector Day costs to be included in the Construction Engineering (CE) costs, to be approved by City Council, based upon the Engineering Division’s estimate of units involved and subject to the final payment based on the actual units completed in accordance with the unit prices accepted herein, said amount and unit prices having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby tentatively authorize an appropriation and expenditure in an amount not to exceed $4,136,851.55 from funds in the Unexpended Fund 41300 Minutes of the May 11, 2020 Regular Meeting Balance of the Water and Sewer Fund (592) for this purpose, said amount to be reimbursed from the proceeds of the 2020 Drinking Water Revolving Fund Revenue Bonds; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the certified Resolution to Tentatively Award a Construction Contract for Water System Improvements, enclosed with the above-referenced communication, for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #130-20 RESOLVED, that having considered a communication from the City Engineer, dated April 17, 2020, which bears the signature of the Director of Finance, is reviewed as to form by the City Attorney, is approved by the Director of Public Works, and approved for submission by the Mayor, to which is attached a letter from OHM Advisors, dated April 16, 2020, the Council does hereby accept the bid of D & D Water & Sewer, Inc., 5700 S. Sheldon, Canton, MI 48188, for performing all work required in connection with the Water Main Improvements related to DWRF Project No. 7452-01, Project Areas 1 and 3, Located at 6 Mile and Middlebelt Roads and Bonaparte Gardens north of Joy Road between Henry Ruff and Middlebelt Roads, for a total amount not to exceed $4,136,851.55, with Inspector Day costs to be included in the Construction Engineering (CE) costs, to be approved by City Council, based upon the Engineering Division’s estimate of units involved and subject to the final payment based on the actual units completed in accordance with the unit prices accepted herein, said amount and unit prices having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $4,136,851.55 from funds in the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose, said amount to be reimbursed from the proceeds of the 2020 Drinking Water Revolving Fund Revenue Bonds; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #131-20 RESOLVED, that having considered a communication from the City Engineer, dated April 17, 2020, which bears the signature of the Director of Finance, is reviewed as to form by the City Attorney, is approved by the Director of Public Works, and approved for submission 41301 Minutes of the May 11, 2020 Regular Meeting by the Mayor, to which is attached a letter from OHM Advisors, dated April 16, 2020, enclosing a proposed Resolution to Tentatively Award a Construction Contract for Water System Improvements, funded through the State of Michigan’s Drinking Water Revolving Loan Fund (DWRF) program, and recommending awarding the contract to the low bidder, the Council does hereby tentatively accept the bid of D & D Water & Sewer, Inc., 5700 S. Sheldon, Canton, MI 48188, for performing all work required in connection with the Water Main Improvements related to DWRF Project No. 7452-01, Project Area 2, located in Section 35, Devonshire Park Subdivision, south of Plymouth Road, east of Merriman Road, extending to Henry Ruff Road and south to West Chicago, for a total amount not to exceed $3,298,157.70, contingent upon successful financial arrange- ments with the DWRF, with Inspector Day costs to be included in the Construction Engineering (CE) costs, to be approved by City Council, based upon the Engineering Division’s estimate of units involved and subject to the final payment based on the actual units completed in accordance with the unit prices accepted herein, said amount and unit prices having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby tentatively authorize an appropriation and expenditure in an amount not to exceed $3,298,157.70 from funds in the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose, said amount to be reimbursed from the proceeds of the 2020 Drinking Water Revolving Fund Revenue Bonds; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized to execute the certified Resolution to Tentatively Award a Construction Contract for Water System Improvements, enclosed with the above-referenced communication, for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #132-20 RESOLVED, that having considered a communication from the City Engineer, dated April 17, 2020, which bears the signature of the Director of Finance, is reviewed as to form by the City Attorney, is approved by the Director of Public Works, and approved for submission by the Mayor, to which is attached a letter from OHM Advisors, dated April 16, 2020, the Council does hereby accept the bid of D & D Water & Sewer, Inc., 5700 S. Sheldon, Canton, MI 48188, for performing all work required in connection with the Water Main Improvements related to DWRF Project No. 7452-01, Project Area 2, located in Section 35, Devonshire Park Subdivision, south of Plymouth Road, east of Merriman Road, extending to Henry Ruff Road and south to West Chicago, for a total amount not to exceed $3,298,157.70, with Inspector Day costs to be included in the Construction Engineering (CE) costs, to be approved by City Council, 41302 Minutes of the May 11, 2020 Regular Meeting based upon the Engineering Division’s estimate of units involved and subject to the final payment based on the actual units completed in accordance with the unit prices accepted herein, said amount and unit prices having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $3,298,157.70 from funds in the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose, said amount to be reimbursed from the proceeds of the 2020 Drinking Water Revolving Fund Revenue Bonds; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, with the aforesaid bidder, and to do all other things necessary or incidental to the full performance of this resolution. #133-20 RESOLVED, that having considered a communication from the City Engineer, dated April 17, 2020, submitted pursuant to Council Resolution Nos. 389-19 and 365-16, which bears the signature of the Director of Finance, is approved by the Director of Public Works, is approved as to form by the City Attorney, and approved for submission by the Mayor, to which is attached a communication from OHM Advisors, dated April 16, 2020, enclosing a proposed amendment to the Qualification-Based Selection (QBS) contract between the City of Livonia and OHM Advisors, pursuant to Council Resolution 365-16, adopted on September 19, 2016, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached contract amendment between the City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150, to provide construction engineering services associated with the 2020 Drinking Water Revolving Fund (DWRF) Project No. 7452-01, Project Areas 1, 2 and 3, in an amount not to exceed $594,800.00, based on the actual bids, including testing and contract administration; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $594,800.00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose, said amount to be reimbursed from the proceeds of the 2020 Drinking Water Revolving Fund Revenue Bonds; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties. #134-20 RESOLVED, that having considered a communication from the City Planning Commission, dated April 15, 2020, submitted pursuant to Council Resolution No. 319-19, adopted September 23, 2019, which 41303 Minutes of the May 11, 2020 Regular Meeting transmits its resolution #04-19-2020, adopted on April 14, 2020, with regard to Petition 2020-02-03-01, submitted by Zeimet Wozniak & Associates, on behalf of Schoolcraft College, to determine whether or not to vacate a section of the existing water main easement within the Schoolcraft College campus, located on the east side of Haggerty Road between Six Mile and Seven Mile Roads (18600 Haggerty Road and 17950 College Parkway) in the Northwest ¼ and Southwest ¼ of Section 7, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2020- 02-03-01, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. #135-20 RESOLVED, that having considered a communication from the City Planning Commission, dated April 15, 2020, submitted pursuant to Council Resolution No. 62-20, adopted February 24, 2020, which transmits its resolution #04-20-2020, adopted on April 14, 2020, with regard to Petition 2020-02-03-02, submitted by Woodhaven Retirement Community, to determine whether or not to vacate a section of the existing water main easement located on the south side of Wentworth Avenue, west of Middlebelt Road (29667 Wentworth Avenue) in the Southeast ¼ of Section 14, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2020-02-03-02, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. #136-20 RESOLVED, that having considered a communication from the City Planning Commission, dated April 15, 2020, which transmits its resolution #04-21-2020, adopted on April 14, 2020, with regard to Petition 2020-02-08-01, submitted by Ventura & Associates, on behalf of Western Wayne Physicians, to construct an addition and remodel the front entrance of the existing building located on the east side of Levan Road between Lyndon Avenue and Five Mile Road (15160 Levan Road) in the Northeast ¼ of Section 20, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2020-02-08-01 is hereby approved and granted, subject to the following conditions: 1. The Site Plan identified as Sheet Number A1 dated February 5, 2020 prepared by Ventura & Associates Architects, is hereby approved and shall be adhered to. 2. All parking spaces, except the required barrier free parking, shall be striped at ten feet (10’) wide by twenty feet (20’) in length as required, and the number and location of the barrier free parking space(s) shall be provided at the direction of the Inspection Department. 41304 Minutes of the May 11, 2020 Regular Meeting 3. The Landscape Plan identified as Sheet No. L-1 dated February 3, 2020, as revised, prepared by Conroy and Associates, is hereby approved and shall be adhered to. 4. All disturbed lawn areas shall be sodded in lieu of hydroseeding. 5. Underground sprinklers are to be provided for all landscaped and sodded areas including the rights-of-way, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition. 6. The Exterior Building Elevation Plan identified as Sheet Number A3 dated February 5, 2020 prepared by Ventura & Associates Architects, is hereby approved and shall be adhered to. 7. The Updated Rendering identified as Sheet Number T1.1 dated April 9, 2020 prepared by Ventura & Associates Architects is hereby approved and shall be adhered to. 8. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building. 9. Any new light fixtures shall not exceed a height of twenty feet (20’) from grade at the base of the light and shall be aimed and shielded to minimize stray light trespassing across property lines or on adjacent roadways. 10. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement those of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained and when not in use closed at all times. 11. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 12. The specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. 13. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and 41305 Minutes of the May 11, 2020 Regular Meeting unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Donovic, Jolly, Toy, Bahr, White, McCullough and McIntyre NAYS: None The President declared the resolutions adopted. White took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTION 3. _____ THERETO. (Petition 2019-12-01-07) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Donovic, Jolly, Toy, Bahr, White, McCullough and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Toy, supported by Bahr, and unanimously adopted, it was: #137-20 RESOLVED, that having considered a communication from the City Planning Commission, dated April 15, 2020, approved for submission by the Mayor, which transmits its resolution #04-18-2020, adopted on April 14, 2020, with regard to Petition 2020-03-02-02 submitted by Unleashed Pet Care Real Estate L.L.C., to operate a veterinary clinic on the east side of Middlebelt Road between Joy Road and West Chicago Avenue (9300 Middlebelt Road) in the Southwest ¼ of Section 36, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2020-03-02-02 is hereby approved and granted, subject to the following conditions: 1. That the site plan submitted by Unleashed Pet Care, is hereby approved and shall be adhered to. 41306 Minutes of the May 11, 2020 Regular Meeting 2. That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10’) wide by twenty feet (20’) in length. 3. That all light fixtures shall not exceed twenty feet (20’) in height and shall be shielded to minimize glare trespassing on adjacent properties and roadways. 4. That the operation of the subject use shall not include the overnight boarding or care of animals. 5. That all animal remains, medical and animal waste shall be properly disposed of. 6. That adequate soundproofing shall be installed to the extent necessary to insure the elimination of all noise from the building. 7. That the use of open or outdoor runways, kennels or pens are prohibited. 8. That the three walls of the trash dumpster area shall be constructed out of decorative masonry units or a poured wall with textures and colors to match that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall always be maintained and when not in use closed. 9. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 10. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows. 11. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. 12. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. 41307 Minutes of the May 11, 2020 Regular Meeting On a motion by Toy, supported by Bahr, and unanimously adopted, it was: #138-20 RESOLVED, that having considered a communication from the City Planning Commission, dated April 15, 2020, which transmits its resolution #04-22-2020, adopted on April 14, 2020, with regard to Petition 2020-03-08-02, submitted by Lincoln Dental, to construct an addition to the existing building located on the north side of Joy Road between Inkster Road and Harrison Avenue (28000 and 28024 Joy Road) in the Southeast ¼ of Section 36, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2020-03-08-02 is hereby approved and granted, subject to the following conditions: 1. The Site Plan identified as Sheet Number C3.0 dated March 12, 2020 prepared by Kalabat Engineering, is hereby approved and shall be adhered to. 2. All parking spaces, except the required barrier free parking, shall be striped at ten feet (10’) wide by twenty feet (20’) in length as required, and the number and location of the barrier free parking space(s) shall be provided at the direction of the Inspection Department. L 3. The Landscape Plan identified as Sheet Number L1.0 dated March 12, 2020 prepared by Kalabat Engineering, is hereby approved and shall be adhered to. 4. All disturbed lawn areas shall be sodded in lieu of hydroseeding. 5. Underground sprinklers are to be provided for all landscaped and sodded areas including the rights-of-way, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition. 6. The Exterior Building Elevation Plan identified as Sheet Number A- 2 dated , March 12, 2020 prepared by JSK Design Group, is hereby approved and shall be adhered to. 7. That all electric and gas meters and any other exposed utility services or meter boxes shall be properly screened with deciduous type landscape material, subject to the approval of the Planning and Inspection Departments. 8. Any new light fixtures shall not exceed a height of twenty feet (20’) from grade at the base of the light and shall be aimed and shielded to minimize stray light trespassing across property lines or on adjacent roadways. 41308 Minutes of the May 11, 2020 Regular Meeting 9. That the three walls of the trash dumpster area shall be constructed out of decorative masonry units or a poured wall with textures and colors to match those of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained and when not in use closed at all times. 10. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 11. The specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. 12. If this site is not required to have an outdoor trash dumpster area, all trash must be contained within the building except on the day trash is scheduled for removal. 13. If it is determined that an outdoor trash dumpster is needed, prior to the issuance of a building permit, the owner shall work with the Planning and Inspection Departments on the placement of the dumpster and means of enclosure subject to the following minimum requirements: a) the dumpster shall be enclosed on all four (4) sides, 2) the walls of the enclosure shall be constructed of masonry that matches or complements the exterior of the building, 3) the enclosure gates shall be of solid panel steel or durable, long-lasting solid panel fiberglass, and 4) the trash dumpster area shall be maintained and when not in use closed at all times. 14. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. On a motion by Donovic, supported by Jolly, and unanimously adopted, it was: #139-20 RESOLVED, that upon the motion by Councilmember Rob Donovic, seconded by Councilmember Jim Jolly, at the Study Meeting held April 27, 2020, the Council does hereby refer the subject matter of the City’s ability to regulate unsubscribed newspapers and advertisements delivered to residential homes to the Department of Law for its report and recommendation. 41309 Minutes of the May 11, 2020 Regular Meeting ORDINANCE NO. 3117 AN ORDINANCE TO PROVIDE FOR THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE WATER SUPPLY AND WASTEWATER SYSTEM OF THE CITY OF LIVONIA; TO PROVIDE FOR THE ISSUANCE AND SALE OF JUNIOR LIEN REVENUE BONDS TO PAY THE COST THEREOF; TO PRESCRIBE THE FORM OF THE BONDS; TO PROVIDE FOR THE COLLECTION OF REVENUES FROM THE SYSTEM SUFFICIENT FOR THE PURPOSE OF PAYING THE COSTS OF OPERATION AND MAINTENANCE OF THE SYSTEM AND TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; TO PROVIDE FOR SECURITY FOR THE BONDS; TO PROVIDE FOR THE SEGREGATION AND DISTRIBUTION OF THE REVENUES; TO PROVIDE FOR THE RIGHTS OF THE HOLDERS OF THE BONDS IN ENFORCEMENT THEREOF; AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE BONDS AND THE SYSTEM. THE CITY OF LIVONIA ORDAINS: Section 1. Definitions. Whenever used in this Ordinance, except when otherwise indicated by the context, the following terms shall have the following meanings: (a) “Act 94” means Act 94, Public Acts of Michigan, 1933, as amended. (b) “Authority” means the Michigan Finance Authority. (c) “Authorized Officers” means the Mayor, City Clerk, City Treasurer and the Director of Finance of the Issuer. (d) “Bonds” or “Senior Lien Bonds” means any Bonds or series of Bonds so designated and payable from Net Revenues, which are secured by a statutory first lien on the Net Revenues established by the Prior Ordinances and which are senior and superior in all respects with respect to the Net Revenues to any Junior Lien Bonds secured by the statutory second lien established by this Ordinance, together with any additional Bonds of equal standing thereafter issued. (e) “EGLE” means the Michigan Department of Environment, Great Lakes and Energy. (f) “Engineers” means OHM Advisors, consulting engineers of Livonia, Michigan. 41310 Minutes of the May 11, 2020 Regular Meeting (g) “Issuer” means the City of Livonia, County of Wayne, State of Michigan. (h) “Junior Lien Bonds” means any Bonds or series of Bonds (including the Series 2020 Bonds) payable from Net Revenues, after satisfaction of any requirements for funding the Redemption Account, and which are secured by a statutory second lien on the Net Revenues and are junior and subordinate in all respects with respect to the Net Revenues to any Outstanding Senior Lien Bonds and any Bonds hereafter issued secured by the statutory first lien established by the Prior Ordinances. (i) “Outstanding Senior Lien Bonds” means the Series 2013 Bonds, the Series 2014 Bonds, the Series 2015 Bonds and the Series 2015 Refunding Bonds and any additional bonds issued that are senior in standing and priority of lien with the Junior Lien Bonds. (j) “Prior Ordinances” means Ordinance Nos. 2719, 2945, 2963, 2979 and 2990 adopted by the City Council authorizing the issuance of Bonds, including the Outstanding Senior Lien Bonds. (k) “Project” means the acquisition, construction, furnishing and equipping of additions, extensions and improvements to the Issuer's Water Supply and Wastewater System, including the replacement and upsizing of water mains in the City, together with all necessary interests in land, rights of way and all appurtenances and attachments therefor, as described in the plans prepared by the Engineers and approved herein. (l) “Purchase Contract” means the Purchase Contract to be entered into between the Authority and the Issuer relating to the purchase by the Authority of the Series 2020 Bonds. (m) “Revenues” and “Net Revenues” means the revenues and net revenues of the System and shall be construed as defined in Section 3 of Act 94, including with respect to “Revenues”, the earnings derived from the investment of moneys in the various funds and accounts established by the Prior Ordinances and this Ordinance. (n) “Series 2013 Bonds” means the Issuer’s Water Supply and Wastewater System Revenue Bonds, Series 2013, dated September 17, 2013, in the original principal amount of $3,620,000. (o) “Series 2014 Bonds” means the Issuer’s Water Supply and Wastewater System Revenue Bonds, Series 2014, dated June 25, 2014, in the original principal amount of $3,775,000. (p) “Series 2015 Bonds” means the Issuer’s Water Supply and Wastewater System Revenue Bonds, Series 2015, dated June 25, 2015, in the original principal amount of $9,050,000. 41311 Minutes of the May 11, 2020 Regular Meeting (q) “Series 2015 Refunding Bonds” means the Issuer’s Water Supply and Wastewater System Revenue Refunding Bonds, Series 2014, dated August 11, 2015, in the original principal amount of $4,170,000. (r) “Series 2020 Bonds” means the Issuer’s Water Supply and Wastewater System Junior Lien Revenue Bonds, Series 2020, in the principal amount of not to exceed $9,170,000 issued pursuant to this Ordinance. (s) “Sufficient Government Obligations” means direct obligations of the United States of America or obligations the principal and interest on which is fully guaranteed by the United States of America, not redeemable at the option of the issuer, the principal and interest payments upon which without reinvestment of the interest, come due at such times and in such amounts as to be fully sufficient to pay the interest as it comes due on the Bonds or Junior Lien Bonds and the principal and redemption premium, if any, on the Bonds or Junior Lien Bonds as it comes due whether on the stated maturity date or upon earlier redemption. Securities representing such obligations shall be placed in trust with a bank or trust company, and if any of the Bonds or Junior Lien Bonds are to be called for redemption prior to maturity, irrevocable instructions to call the Bonds for redemption shall be given to the paying agent. (t) “Supplemental Agreement” means the supplemental agreement among the Issuer, the Authority and EGLE relating to the Series 2020 Bonds. (u) “System” means the entire Water Supply and Wastewater System of the Issuer, including the Project and all additions, extensions and improvements hereafter acquired. Section 2. Necessity; Approval of Plans and Specifications. It is hereby determined to be a necessary public purpose of the Issuer to acquire and construct the Project in accordance with the plans and specifications prepared by the Engineers, which plans and specifications are hereby approved. The Project qualifies for the Drinking Water Revolving Fund financing program being administered by the EGLE and the Authority, whereby bonds of the Issuer are sold to the Authority and bear interest at a fixed rate of two percent (2.00%) per annum. Section 3. Costs; Useful Life. The cost of the Project is estimated to be Nine Million One Hundred Seventy Thousand Dollars ($9,170,000), including the payment of incidental expenses as specified in Section 4 of this Ordinance, which estimate of cost is hereby approved and confirmed, and the period of usefulness of the Project is estimated to be not less than thirty (30) years. Section 4. Payment of Cost; Bonds Authorized. To pay the cost of acquiring and constructing the Project, legal, engineering, financial and other 41312 Minutes of the May 11, 2020 Regular Meeting expenses incident thereto and incident to the issuance and sale of the Series 2020 Bonds, the Issuer shall borrow the sum of not to exceed Nine Million One Hundred Seventy Thousand Dollars ($9,170,000), or such lesser amount as shall have been advanced to the Issuer pursuant to the Purchase Contract and the Supplemental Agreement, and issue the Series 2020 Bonds pursuant to the provisions of Act 94. The remaining cost of the Project, if any, shall be defrayed from Issuer funds on hand and legally available for such use. Except as amended by or expressly provided to the contrary in this Ordinance, all of the provisions of the Prior Ordinances shall apply to the Series 2020 Bonds issued pursuant to this Ordinance, the same as though each of said provisions were repeated in this Ordinance in detail; the purpose of this Ordinance being to authorize the issuance of revenue bonds of subordinate lien with respect to the Outstanding Senior Lien Bonds to finance the cost of acquiring and constructing additions, extensions and improvements to the System, additional bonds of subordinate standing with the Outstanding Senior Lien Bonds for such purpose being authorized by the provisions of the Prior Ordinances, upon the conditions therein stated, which conditions have been fully met. Section 5. Issuance of Series 2020 Bonds; Details. The Series 2020 Bonds of the Issuer, to be designated WATER SUPPLY AND WASTEWATER SYSTEM JUNIOR LIEN REVENUE BONDS, SERIES 2020, are authorized to be issued in the aggregate principal sum of not to exceed Nine Million One Hundred Seventy Thousand Dollars ($9,170,000) as finally determined by order of the EGLE for the purpose of paying part of the cost of the Project, including the costs incidental to the issuance, sale and delivery of the Series 2020 Bonds. The Series 2020 Bonds shall be payable primarily out of the Net Revenues, as set forth more fully in Section 8 hereof, provided that the Series 2020 Bonds shall be subordinate to the prior lien with respect to the Net Revenues in favor of the Outstanding Senior Lien Bonds and of any Bonds hereafter issued. The Series 2020 Bonds shall be in the form of a single fully-registered, nonconvertible bond of the denomination of the full principal amount thereof, dated as of the date of delivery, payable in principal installments as finally determined by the order of the EGLE at the time of sale of the Series 2020 Bonds and approved by the Authority and an Authorized Officer. Principal installments of the Series 2020 Bonds shall be payable on October 1 of the years 2021 to 2040, inclusive, or such other payment dates as hereinafter provided. Interest on the Series 2020 Bonds shall be payable on April 1 and October 1 of each year, commencing October 1, 2020 or on such other interest payment dates as hereinafter provided. Final determination of the principal amount of and interest on the Series 2020 Bonds and the payment dates and amounts of principal installments of the Series 2020 Bonds shall be evidenced by execution of the Purchase Contract and each of the Authorized Officers is authorized and directed to execute and deliver the Purchase Contract when it is in final form and to make the determinations set forth above; provided, however, that the first principal installment shall be due no earlier than October 1, 2020, the total number of principal installments shall not 41313 Minutes of the May 11, 2020 Regular Meeting exceed twenty (20), and that the total principal amount shall not exceed $9,170,000. The Series 2020 Bonds shall bear interest at a rate of two percent (2.00%) per annum on the par value thereof or such other rate as evidenced by execution of the Purchase Contract, but in any event not to exceed the rate permitted by law, and any Authorized Officers as shall be appropriate shall deliver the Series 2020 Bonds in accordance with the delivery instructions of the Authority. The principal amount of the Series 2020 Bonds is expected to be drawn down by the Issuer periodically, and interest on principal amount shall accrue from the date such principal amount is drawn down by the Issuer. The Series 2020 Bonds shall not be convertible or exchangeable into more than one fully-registered bond. Principal of and interest on the Series 2020 Bonds shall be payable as provided in the Series 2020 Bond form in this Ordinance. The Series 2020 Bonds shall be subject to optional redemption by the Issuer with the prior written approval of the Authority and on such terms as may be required by the Authority. The Treasurer of the Issuer shall record on the registration books payment by the Issuer of each installment of principal or interest or both when made and the cancelled checks or other records evidencing such payments shall be returned to and retained by the Treasurer. Upon payment by the Issuer of all outstanding principal of and interest on the Series 2020 Bonds, the Authority shall deliver the Series 2020 Bonds to the Issuer for cancellation. Section 6. Execution of Series 2020 Bonds. The Series 2020 Bonds shall be signed by the manual or facsimile signature of the Mayor and countersigned by the manual or facsimile signature of the Clerk and the Treasurer and shall have the corporate seal of the Issuer or a facsimile thereof impressed thereon. The Series 2020 Bonds bearing the manual or facsimile signatures of the Mayor, the Clerk and the Treasurer sold to the Authority shall require no further authentication. Section 7. Registration and Transfer. Any Bond or Junior Lien Bond may be transferred upon the books required to be kept pursuant to this section by the person in whose name it is registered, in person or by the registered owner’s duly authorized attorney, upon surrender of the Bond or Junior Lien Bond for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the transfer agent. Whenever any Bond or Junior Lien Bond shall be surrendered for transfer, the Issuer shall execute and the transfer agent shall authenticate and deliver a new Bond or Junior Lien Bond, for like aggregate principal amount. The transfer agent shall require payment by the 41314 Minutes of the May 11, 2020 Regular Meeting bondholder requesting the transfer of any tax or other governmental charge required to be paid with respect to the transfer. The Issuer shall not be required (i) to issue, register the transfer of or exchange any Bond or Junior Lien Bond during a period beginning at the opening of business 15 days before the day of the giving of a notice of redemption of Bonds selected for redemption as described in the form of Series 2020 Bonds contained in Section 13 of this Ordinance and ending at the close of business on the day of that giving of notice, or (ii) to register the transfer of or exchange any Bond or Junior Lien Bond so selected for redemption in whole or in part, except the unredeemed portion of Bonds or Junior Lien Bonds being redeemed in part. The Issuer shall give the transfer agent notice of call for redemption at least 20 days prior to the date notice of redemption is to be given. The transfer agent shall keep or cause to be kept at its principal office sufficient books for the registration and transfer of the Bonds or Junior Lien Bond, which shall at all times be open to inspection by the Issuer; and upon presentation for such purpose the transfer agent shall under such reasonable regulations as it may prescribe, transfer or cause to be transferred on said books Bonds or Junior Lien Bond as hereinbefore provided. If any Bond or Junior Lien Bond shall become mutilated, the Issuer, at the expense of the holder of the Bond or Junior Lien Bond, shall execute, and the transfer agent shall authenticate and deliver, a new Bond or Junior Lien Bond of like tenor in exchange and substitution for the mutilated Bond or Junior Lien Bond, upon surrender to the transfer agent of the mutilated Bond or Junior Lien Bond. If any Bond or Junior Lien Bond issued under this Ordinance shall be lost, destroyed or stolen, evidence of the loss, destruction or theft may be submitted to the transfer agent and, if this evidence is satisfactory to both and indemnity satisfactory to the transfer agent shall be given, and if all requirements of any applicable law including Act 354, Public Acts of Michigan, 1972, as amended (“Act 354”), being sections 129.131 to 129.135, inclusive, of the Michigan Compiled Laws have been met, the Issuer, at the expense of the owner, shall execute, and the transfer agent shall thereupon authenticate and deliver, a new Bond or Junior Lien Bond of like tenor and bearing the statement required by Act 354, or any applicable law hereafter enacted, in lieu of and in substitution for the Bond or Junior Lien Bond so lost, destroyed or stolen. If any such Bond or Junior Lien Bond shall have matured or shall be about to mature, instead of issuing a substitute Bond or Junior Lien Bond the transfer agent may pay the same without surrender thereof. Section 8. Payment of Series 2020 Bonds; Security; Priority of Lien. Principal of and interest on the Series 2020 Bonds shall be payable primarily from the Net Revenues. There is hereby recognized the statutory lien upon the whole of the Net Revenues created by this Ordinance which shall be a lien that is junior and subordinate to the lien of the Outstanding Senior Lien Bonds created by the Prior Ordinances and to any Bonds hereafter issued, to continue until payment in full of the principal of and interest on all Bonds payable from the Net 41315 Minutes of the May 11, 2020 Regular Meeting Revenues, or until sufficient cash or Sufficient Government Obligations have been deposited in trust for payment in full of all Junior Lien Bonds, including the Series 2020 Bonds, then outstanding, principal and interest, to maturity, or, if called for redemption, to the date fixed for redemption together with the amount of the redemption premium, if any. Upon deposit of cash or Sufficient Government Obligations, as provided in the previous sentence, the statutory lien shall be terminated with respect to the Series 2020 Bonds, the holders of the Series 2020 Bonds shall have no further rights under this Ordinance except for payment from the deposited funds, and the Series 2020 Bonds shall no longer be considered to be outstanding under this Ordinance. As additional security for repayment of the Series 2020 Bonds, the Issuer hereby pledges the taxes collected by the State of Michigan and returned to the Issuer pursuant to Act 140, Public Acts of Michigan, 1971, as amended, to the Authority as purchaser and holder of the Series 2020 Bonds, and the Issuer hereby authorizes the Authorized Officers to approve, execute and deliver a Revenue Sharing Pledge Agreement between the Issuer and the Authority, authorizing the State Treasurer to transmit the revenue sharing moneys assigned and pledged therein directly to the Authority or its designee if payments on the Series 2020 Bonds are not made in accordance with this Ordinance. The Issuer shall be reimbursed for any such advance from the Net Revenues of the System subsequently received which are not otherwise pledged or encumbered by this Ordinance or the Prior Ordinances. Section 9. Management; Fiscal Year. The operation, repair and management of the System and the acquiring and constructing of the Project shall continue to be under the supervision and control of the Issuer. The Issuer may employ such person or persons in such capacity or capacities as it deems advisable to carry on the efficient management and operation of the System. The Issuer may make such rules and regulations as it deems advisable and necessary to assure the efficient management and operation of the System. The System shall be operated on the basis of an operating year which shall coincide with the Issuer’s fiscal year. Section 10. Rates and Charges; No Free Service. The rates and charges for service furnished by the System and the methods of collection and enforcement of the collection of the rates shall be those in effect on the date of adoption of this Ordinance and are estimated to be sufficient to provide for the payment of the expenses of administration and operation and such expenses for maintenance of the System as are necessary to preserve the System in good repair and working order, to provide for the payment of the principal of and interest on the Bonds as the same become due and payable, and the maintenance of the reserves, if any, therefore; and to provide for all other obligations, expenditures and funds for the System required by law, the Prior Ordinances and this Ordinance. No free service or use of the System, or service or use of the System at less than cost, shall be furnished by the System to any 41316 Minutes of the May 11, 2020 Regular Meeting person, firm, or corporation, public or private, or to any public agency or instrumentality, including the Issuer. In a case where a tenant is responsible for the payment of the charges for service furnished by the System, and the Issuer is so notified in writing, the Issuer shall require a cash deposit in a sum determined as set forth in Title 13, Chapter 8 of the Issuer’s Code of Ordinances, as the same may from time to time be amended, as security for the payment of the charges. Section 11. Funds and Accounts; Flow of Funds; Junior Lien Bond and Interest Redemption Fund. All funds belonging to the System and all Revenues of the System shall continue to be set aside as collected and credited to the Receiving Fund established by the Prior Ordinances (the “Receiving Fund”), except as provided in this Ordinance. The Revenues credited to the Receiving Fund are pledged for the purposes of the funds and accounts established by the Prior Ordinances and this Ordinance and shall be transferred or debited from the Receiving Fund periodically in the manner and at the times and in the order of priority specified in the Prior Ordinances and this Ordinance. Funding Existing Funds and Accounts. Out of the Revenues in the Receiving Fund there shall be transferred and debited the amounts required by the Prior Ordinances to be deposited into the existing Operation and Maintenance Fund and the existing Bond and Interest Redemption Fund (including Bond Reserve Account) created pursuant to the Prior Ordinances. Junior Lien Bond and Interest Redemption Account. There is hereby established and there shall be maintained a separate account designated Junior Lien Bond and Interest Redemption Account (the “Junior Lien Redemption Account”). Except as otherwise provided herein, the moneys on deposit therein from time to time shall be used for the purpose of paying the principal of and interest on any Junior Lien Bonds. Out of the Revenues remaining in the Receiving Fund after provision for the transfers and debits described in the previous paragraph, there shall be set aside monthly in the Junior Lien Redemption Account a sum sufficient to provide for the next payment when due of the principal of and interest on the Junior Lien Bonds, less any amount in the Junior Lien Redemption Account representing accrued interest on the Junior Lien Bonds, and less the sum of any funds actually on deposit in the Junior Lien Redemption Account. The amount set aside and transferred to the Junior Lien Redemption Account each month for interest on the Junior Lien Bonds shall be 1/6 of the total amount of interest on the Junior Lien Bonds next coming due or such greater or lesser amount as is necessary to assure that the amount set aside in the Junior Lien Redemption Account as of the first of such month is not less than the product of (a) 1/6 of the amount of interest next due on the Junior Lien Bonds times (b) the number of months elapsed since and including the last interest payment date. For the month immediately prior to each interest payment date the amount set aside and 41317 Minutes of the May 11, 2020 Regular Meeting transferred to the Junior Lien Redemption Account to pay interest shall be reduced by amounts, including investment earnings, available in the Junior Lien Redemption Account which are available for such purpose. The amount set aside and transferred to the Junior Lien Redemption Account each month for principal commencing twelve months prior to the first maturity or mandatory sinking fund redemption date shall be 1/12 of the amount of principal next coming due on the Junior Lien Bonds by maturity or as a mandatory redemption requirement or such greater or lesser amount as is necessary to assure that the amount set aside in the Junior Lien Redemption Account as of the first of such month is not less than the product of 1/12 of the amount of principal next due on the Junior Lien Bonds times (b) the number of months elapsed since and including the last principal payment date. If there is any deficiency in the amount previously set aside, that deficiency shall be added to the next succeeding month’s requirement. No further payments need be made into the Junior Lien Redemption Account after enough of the principal installments of the Junior Lien Bonds have been retired so that the amount then held in the Junior Lien Redemption Account (including a bond reserve account, if any), is equal to the entire amount of principal and interest which will be payable at the time of maturity of all the principal installments of the Bond then remaining outstanding. Section 12. Bond Proceeds. The proceeds of the sale of the Series 2020 Bonds as received by the Issuer shall be deposited in a separate account in a bank or banks qualified to act as depository of the proceeds of sale under the provisions of Section 15 of Act 94 designated 2020 WATER SUPPLY AND WASTEWATER SYSTEM JUNIOR LIEN REVENUE BONDS CONSTRUCTION FUND (the “Construction Fund”). Moneys in the Construction Fund shall be applied solely in payment of the cost of the Project and any engineering, legal and other expenses incident thereto and to the financing thereof. Section 13. Bond Form. The Series 2020 Bonds shall be in substantially the following form with such changes or completion as necessary or appropriate to give effect to the intent of this Ordinance and subject to such modifications which may be required by the Michigan Attorney General and the Authority and approved by bond counsel: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA WATER SUPPLY AND WASTEWATER SYSTEM JUNIOR LIEN REVENUE BOND, SERIES 2020 41318 Minutes of the May 11, 2020 Regular Meeting REGISTERED OWNER: Michigan Finance Authority PRINCIPAL AMOUNT: _________________________________ Dollars ($___,000) DATE OF ORIGINAL ISSUE: June 12, 2020 The CITY OF LIVONIA, County of Wayne, State of Michigan (the “Issuer”), acknowledges itself to owe and for value received hereby promises to pay, primarily out of the hereinafter described Net Revenues of the Issuer’s Water Supply and Wastewater System (hereinafter defined), to the Michigan Finance Authority (the “Authority”), or registered assigns, the Principal Amount shown above, or such portion thereof as shall have been advanced to the Issuer pursuant to a Purchase Contract between the Issuer and the Authority and a Supplemental Agreement by and among the Issuer, the Authority and the State of Michigan acting through the Department of Environmental Quality, in lawful money of the United States of America, unless prepaid or reduced prior thereto as hereinafter provided. During the time the Principal Amount is being drawn down by the Issuer under this bond, the Authority will periodically provide to the Issuer a statement showing the amount of principal that has been advanced and the date of each advance, which statement shall constitute prima facie evidence of the reported information; provided that no failure on the part of the Authority to provide such a statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the Issuer of its obligation to repay the outstanding Principal Amount actually advanced (subject to any principal forgiveness as provided in Schedule A), all accrued interest thereon, and any other amount payable with respect thereto in accordance with the terms of this bond. The Principal Amount shall be payable on the dates and in the annual principal installment amounts set forth on the Schedule attached hereto and made a part hereof, as such Schedule may be adjusted if less than $__________ is disbursed to the Issuer or if a portion of the Principal Amount is prepaid or reduced as provided below, with interest on said principal installments from the date each said installment is delivered to the holder hereof until paid at the rate of two percent (2.00%) per annum. Interest is first payable on October 1, 2020, and semiannually thereafter on the first day of April and October of each year, as set forth in the Purchase Contract. Notwithstanding any other provision of this Bond, so long as the Authority is the owner of this Bond, (a) this Bond is payable as to principal, premium, if any, and interest at The Bank of New York Mellon Trust Company, N.A. or at such other place as shall be designated in writing to the Issuer by the Authority (the "Authority's Depository"); (b) the Issuer agrees that it will deposit with the Authority's Depository payments of the principal of, premium, if any, and interest on this Bond in immediately available funds by 12:00 noon at least five business 41319 Minutes of the May 11, 2020 Regular Meeting days prior to the date on which any such payment is due whether by maturity, redemption or otherwise; in the event that the Authority's Depository has not received the Issuer's deposit by 12:00 noon on the scheduled day, the Issuer shall immediately pay to the Authority as invoiced by the Authority an amount to recover the Authority's administrative costs and lost investment earnings attributable to that late payment; and (c) written notice of any redemption of this Bond shall be given by the Issuer and received by the Authority's Depository at least 40 days prior to the date on which such redemption is to be made. Additional Interest In the event of a default in the payment of principal or interest hereon when due, whether at maturity, by redemption or otherwise, the amount of such default shall bear interest (the “additional interest”) at a rate equal to the rate of interest which is two percent above the Authority’s cost of providing funds (as determined by the Authority) to make payment on the bonds of the Authority issued to provide funds to purchase this bond but in no event in excess of the maximum rate of interest permitted by law. The additional interest shall continue to accrue until the Authority has been fully reimbursed for all costs incurred by the Authority (as determined by the Authority) as a consequence of the Issuer’s default. Such additional interest shall be payable on the interest payment date following demand of the Authority. In the event that (for reasons other than the default in the payment of any municipal obligation purchased by the Authority) the investment of amounts in the reserve account established by the Authority for the bonds of the Authority issued to provide funds to purchase this bond fails to provide sufficient available funds (together with any other funds which may be made available for such purpose) to pay the interest on outstanding bonds of the Authority issued to fund such account, the Issuer shall and hereby agrees to pay on demand only the Issuer’s pro rata share (as determined by the Authority) of such deficiency as additional interest on this bond. For prompt payment of principal and interest on this bond, the Issuer has irrevocably pledged the revenues of the Water Supply and Wastewater System of the Issuer, including all appurtenances, extensions and improvements thereto (the “Water Supply and Wastewater System”), after provision has been made for reasonable and necessary expenses of operation, maintenance and administration (the “Net Revenues”), and a statutory lien thereon is hereby recognized and created. This bond is a single, fully-registered, non-convertible bond in the principal sum indicated above issued pursuant to Ordinance Nos. 2719, 2945, 2963, 2979, 2990 and ____ duly adopted by the City Council (the “Ordinances”), and under and in full compliance with the Constitution and statutes of the State of Michigan, including specifically Act 94, Public Acts of Michigan, 1933, as amended, for the purpose of paying part of the cost of acquiring and constructing additions, extensions and improvements to the Water Supply and Wastewater System of the Issuer. 41320 Minutes of the May 11, 2020 Regular Meeting For a complete statement of the revenues from which and the conditions under which this bond is payable, a statement of the conditions under which additional bonds of superior and equal standing may hereafter be issued and the general covenants and provisions pursuant to which this bond is issued, reference is made to the Ordinances. This bond is of junior standing and priority of lien as to the Net Revenues to the Issuer’s Water Supply and Wastewater System Revenue Bonds, Series 2013, Water Supply and Wastewater System Revenue Bonds, Series 2014, Water Supply and Wastewater System Revenue Bonds, Series 2015 and Water Supply and Wastewater System Revenue Refunding Bonds, Series 2015 (collectively, the “Outstanding Bonds”). This bond is a self-liquidating bond, payable, both as to principal and interest, primarily from the Net Revenues of the System. The principal of and interest on this bond are secured by the statutory second lien hereinbefore mentioned. As additional security, the Issuer has pledged certain taxes collected by the State of Michigan and returned to the Issuer pursuant to a revenue sharing pledge agreement as further described in the Ordinances. The Issuer has covenanted and agreed, and does hereby covenant and agree, to fix and maintain at all times while any bonds payable from the Net Revenues of the Water Supply and Wastewater System shall be outstanding, such rates for service furnished by the Water Supply and Wastewater System as shall be sufficient to provide for payment of the interest upon and the principal of this bond and any bonds of equal standing with this bond, the Outstanding Bonds and any additional bonds of equal standing with the Outstanding Bonds, as and when the same shall become due and payable, and to maintain a bond redemption fund (including, except for bonds of this issue and any Junior Lien Bonds, a bond reserve account) therefor, to provide for the payment of expenses of administration and operation and such expenses for maintenance of the Water Supply and Wastewater System as are necessary to preserve the same in good repair and working order, and to provide for such other expenditures and funds for the Water Supply and Wastewater System as are required by the Ordinances. Principal installments of this bond are subject to prepayment by the Issuer prior to maturity only with the prior written consent of the Authority and on such terms as may be required by the Authority. This bond is transferable only upon the books of the Issuer by the registered owner in person or the registered owner’s attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer satisfactory to the transfer agent, duly executed by the registered owner or the registered owner’s attorney duly authorized in writing, and thereupon a new bond or bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in exchange therefor as provided in the Ordinance, and upon payment of the charges, if any, therein prescribed. 41321 Minutes of the May 11, 2020 Regular Meeting It is hereby certified and recited that all acts, conditions and things required by law to be done precedent to and in the issuance of this bond have been done and performed in regular and due time and form as required by law. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council has caused this bond to be executed with the manual or facsimile signatures of its Mayor, its City Clerk and its Treasurer, and the corporate seal of the City to be impressed or imprinted hereon, all as of the Date of Original Issue. CITY OF LIVONIA By____________________________ Its Mayor (Seal) Countersigned: By____________________________________________ Its City Clerk By: ___ Its: Treasurer DEQ Project No.: 7452-01 DEQ Approved Amt: $_________________ SCHEDULE A Based on the schedule provided below unless revised as provided in this paragraph, repayment of the principal of the bond shall be made until the full amount advanced to the Issuer is repaid. In the event the Order of Approval issued by the Department of Environmental Quality (the “Order”) approves a principal amount of assistance less than the amount of the bond delivered to the Authority, the Authority shall only disburse principal up to the amount stated in the Order. In the event (1) that the payment schedule approved by the Issuer and described below provides for payment of a total principal amount greater than the amount of assistance approved by the Order (2) that less than the principal amount of assistance approved by the Order is disbursed to the Issuer by the Authority, the Authority shall prepare a new payment schedule which shall be effective upon receipt by the Issuer, or (3) that any portion of the principal amount of assistance approved by the Order and disbursed to the Issuer is 41322 Minutes of the May 11, 2020 Regular Meeting forgiven pursuant to the Order, the Authority shall prepare a new payment schedule which shall be effective upon receipt by the Issuer. Maturity Date Principal Amount October 1, 2021 $375,000 October 1, 2022 $385,000 October 1, 2023 $390,000 October 1, 2024 $400,000 October 1, 2025 $410,000 October 1, 2026 $415,000 October 1, 2027 $425,000 October 1, 2028 $435,000 October 1, 2029 $440,000 October 1, 2030 $450,000 October 1, 2031 $460,000 October 1, 2032 $470,000 October 1, 2033 $480,000 October 1, 2034 $490,000 October 1, 2035 $500,000 October 1, 2036 $505,000 October 1, 2037 $520,000 October 1, 2038 $530,000 October 1, 2039 $540,000 October 1, 2040 $550,000 Interest on the bond shall accrue on that portion of principal disbursed by the Authority to the Issuer which has not been forgiven pursuant to the Order from the date such portion is disbursed, until paid, at the rate of 2.00% per annum, payable October 1, 2020 and semi-annually hereafter. The Issuer agrees that it will deposit with the Authority’s Depository, or such other place as shall be designated in writing to the Issuer by the Authority payments of the principal of, premium, if any, and interest on this bond in immediately available funds by 12:00 noon at least five business days prior to the date on which any such payment is due whether by maturity, redemption or otherwise. In the event that the Authority’s Depository has not received the Issuer’s deposit by 12:00 noon on the scheduled day, the Issuer shall immediately pay to the Authority as invoiced by the Authority an amount to recover the Authority’s administrative costs and lost investment earnings attributable to that late payment. Section 14. Bondholders’ Rights; Receiver. The holder or holders of the Bonds or Junior Lien Bonds representing in the aggregate not less than twenty per cent (20%) of the entire principal amount thereof then outstanding, may, by suit, action, mandamus or other proceedings, protect and enforce the statutory lien upon the Net Revenues of the System, and may, by suit, action, mandamus or other proceedings, enforce and compel performance of all duties of the officers 41323 Minutes of the May 11, 2020 Regular Meeting of the Issuer, including the fixing of sufficient rates, the collection of Revenues, the proper segregation of the Revenues of the System and the proper application thereof. The statutory lien upon the Net Revenues, however, shall not be construed as to compel the sale of the System or any part thereof. If there is a default in the payment of the principal of or interest upon the Bonds or the Junior Lien Bonds, any court having jurisdiction in any proper action may appoint a receiver to administer and operate the System on behalf of the Issuer and under the direction of the court, and by and with the approval of the court to perform all of the duties of the officers of the Issuer more particularly set forth herein and in Act 94. The holder or holders of the Bonds and the Junior Lien Bonds shall have all other rights and remedies given by Act 94 and law, for the payment and enforcement of the Bonds and the Junior Lien Bonds and the security therefor. Section 15. Additional Bonds. The Issuer may issue additional bonds of equal standing with the Junior Lien Bonds for the following purposes and subject to the following conditions: (a) To complete the Project in accordance with the plans and specifications therefor. Such bonds shall not be authorized unless the engineers in charge of construction shall execute a certificate evidencing the fact that additional funds are needed to complete the Project in accordance with the plans and specifications therefor and stating the amount that will be required to complete the Project. If such certificate shall be so executed and filed with the Issuer, it shall be the duty of the Issuer to provide for and issue additional revenue bonds in the amount stated in said certificate to be necessary to complete the Project in accordance with the plans and specifications plus an amount necessary to issue such bonds or to provide for part or all of such amount from other sources. (b) For subsequent repairs, extensions, enlargements and improvements to the System or for subsequent repairs, extensions, enlargements and improvements to the System and for the purpose of refunding part or all of the Junior Lien Bonds then outstanding and paying costs of issuing such additional Junior Lien Bonds. Junior Lien Bonds for such purposes shall not be issued pursuant to this subparagraph (b) unless the Adjusted Net Revenues of the System for the then last two (2) preceding twelve-month operating years or the Adjusted Net Revenues for the last preceding twelve-month operating year, if the same shall be lower than the average, shall be equal to at least one hundred percent (100%) of the maximum amount of principal and interest thereafter maturing in any operating year on the then outstanding Senior Lien Bonds, Junior Lien Bonds and on the additional Bonds then being issued. If the additional Junior Lien Bonds are to be issued in whole or in part for 41324 Minutes of the May 11, 2020 Regular Meeting refunding outstanding Junior Lien Bonds, the annual principal and interest requirements shall be determined by deducting from the principal and interest requirements for each operating year the annual principal and interest requirements of any Junior Lien Bonds to be refunded from the proceeds of the additional Junior Lien Bonds. For purposes of this subparagraph (b) the Issuer may elect to use as the last preceding operating year any operating year ending not more than sixteen months prior to the date of delivery of the additional Junior Lien Bonds and as the next to the last preceding operating year, any operating year ending not more than twenty-eight months prior to the date of delivery of the additional Junior Lien Bonds. Determination by the Issuer as to existence of conditions permitting the issuance of additional Junior Lien Bonds shall be conclusive. No additional Junior Lien Bonds of equal standing as to the Net Revenues of the System shall be issued pursuant to the authorization contained in this subparagraph if the Issuer shall then be in default in making its required payments to the Operation and Maintenance Fund or the Redemption Fund. (c) For refunding a part or all of the Junior Lien Bonds then outstanding and paying costs of issuing such additional Junior Lien Bonds including deposits which may be required to be made to the bond reserve account, if any, for such Junior Lien Bonds. No additional Junior Lien Bonds shall be issued pursuant to this subsection unless the maximum amount of principal and interest maturing in any operating year after giving effect to the refunding shall be less than the maximum amount of principal and interest maturing in any operating year prior to giving effect to the refunding. Section 16. Negotiated Sale; Application to EGLE and Authority; Execution of Documents. The Issuer determines that it is in the best interest of the Issuer to negotiate the sale of the Series 2020 Bonds to the Authority because the Drinking Water Revolving Fund financing program provides significant interest savings to the Issuer compared to competitive sale in the municipal bond market. The Authorized Officers are hereby authorized to make application to the Authority and to the EGLE for placement of the Series 2020 Bonds with the Authority. The actions taken by the Authorized Officers with respect to the Series 2020 Bonds prior to the adoption of this Ordinance are ratified and confirmed. The Authorized Officers are each authorized to execute and deliver the Purchase Contract, the Supplemental Agreement, the Revenue Sharing Pledge Agreement and the Issuer’s Certificate. Any Authorized Officer is further authorized to execute and deliver such contracts, documents and certificates as are necessary or advisable to qualify the Series 2020 Bonds for the Drinking Water Revolving Fund. Prior to the delivery of the Series 2020 Bonds to the Authority, any Authorized Officer is hereby authorized to make such changes to the form of the Series 2020 Bonds contained in Section 13 of this Ordinance as may be necessary to conform to the requirements of Act 227, Public Acts of Michigan 1985, as amended (“Act 227”), including, but not limited 41325 Minutes of the May 11, 2020 Regular Meeting to changes in the principal maturity and interest payment dates and references to additional security required by Act 227. Section 17. Covenant Regarding Tax Exempt Status of the Bonds. The Issuer shall, to the extent permitted by law, take all actions within its control necessary to maintain the exemption of the interest on the Series 2020 Bonds from general federal income taxation (as opposed to any alternative minimum or other indirect taxation) 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 Series 2020 Bonds proceeds and moneys deemed to be Bond proceeds. Section 18. Approval of Bond Counsel. The representation of the Issuer by Miller, Canfield, Paddock and Stone, P.L.C. (“Miller Canfield”), as bond counsel is hereby approved, notwithstanding the representation by Miller Canfield of the Authority in connection with the Drinking Water Revolving Fund program which may include advising the Authority with respect to this borrowing. Section 19. Approval of Bond Details. The Authorized Officers are each hereby authorized to adjust the final bond details set forth herein to the extent necessary or convenient to complete the transaction authorized herein, and in pursuance of the foregoing is authorized to exercise the authority and make the determinations authorized pursuant to Section 7a(1)(c) of Act 94, including but not limited to determinations regarding interest rates, prices, discounts, maturities, principal amounts, denominations, dates of issuance, interest payment dates, redemption rights, the place of delivery and payment, and other matters, provided that the principal amount of Series 2020 Bonds issued shall not exceed the principal amount authorized in this Ordinance, the interest rate per annum on the Series 2020 Bonds shall not exceed two percent (2.00%) per annum, and the Series 2020 Bonds shall mature in not more than twenty (20) annual installments. Section 20. Savings Clause. All ordinances, resolutions or orders, or part thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, repealed. Section 21. Severability; Paragraph Headings; and Conflict. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. The paragraph headings in this Ordinance are furnished for convenience of reference only and shall not be considered to be part of this Ordinance. Section 22. Publication and Recordation. This Ordinance shall be published in full in the Livonia Observer, a newspaper of general circulation in the Issuer qualified under State law to publish legal notices, promptly after its 41326 Minutes of the May 11, 2020 Regular Meeting adoption, and shall be recorded in the Ordinance Book of the Issuer and such record authenticated by the signatures of the Mayor and the City Clerk. Section 23. Effective Date. Pursuant to the provisions of Section 6 of Act 94, this Ordinance shall be approved on the date of first reading and accordingly this Ordinance shall be effective upon its adoption and publication. The above ordinance was passed at the regular meeting of the Council of the City of Livonia held Monday, May 11, 2020, at 7:00 p.m. __________________________ Susan Nash, City Clerk th The foregoing ordinance was authenticated by me on this 13 day of May, 2020. __________________________ Maureen Miller Brosnan, Mayor Approved as to form: ______________________________ Paul A. Bernier, City Attorney Dated: May 13, 2020 On a motion by Jolly, supported by McCullough, and unanimously adopted, it was: #140-20 RESOLVED, that having considered communications from the Director of the Housing Commission, wherein she has requested a Substantial Amendment to the Community Development Block Grant (CDBG) 2016-2021 Consolidated Plan CR#181-16 and 2019-2020 Annual Action Plan CR#178-19 to include activities that prevent and respond to the spread of infectious diseases such as the coronavirus disease 2019 (COVID-19). WHEREAS, the City Council of Livonia has approved the Substantial Amendment to the Community Development Block Grant (CDBG) 2016- 2021 Consolidated Plan-CV and 2019-2020 Annual Action Plan, as defined in the Proposed Projects and Use of Funds; 41327 Minutes of the May 11, 2020 Regular Meeting Funding will consist of $196,155.00 Community Development Block Grant-Coronavirus (CDBG-CV) funds allocated under the Coronavirus Aid, Relief, and Economic Security Acts (CARES Act) Act. WHEREAS, the projects and programs approved under the Amended Community Development Block Grant (CDBG) 2016-2021 Consolidated Plan-CV and 2019-2020 Annual Action Plan, are to serve the public purpose and intent of the CARES Act, Public Law 116-136; NOW, THEREFORE, BE IT RESOLVED, that with the adoption of the Community Development Block Grant – Coronavirus funded projects listed in the Proposed Projects and Use of Funds budget by the City Council of Livonia, the Housing Department Office of Community Development is authorized to prepare and submit the Substantial Amendment 2016-2021 Consolidated Plan-CV and 2019-2020 Annual Action Plan to the U.S. Department of Housing and Urban Development. Further, the Director of Housing, Mayor/Clerk shall have the authority to execute the sub-recipient contracts. There was no Audience Communication at the end of the meeting. On a motion by Toy, supported by Jolly, and unanimously adopted, this 1,896th Regular Meeting of the Council of the City of Livonia was adjourned at 8:25 p.m. on May 11, 2020. _____________________ Susan M. Nash, City Clerk