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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-11-14 35394 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FORTY EIGHTH REGULAR MEETING OF NOVEMBER 14, 2005 On November 14, 2005, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Knapp delivered the invocation Roll was called with the following result. Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, and Gerald Taylor Absent: None Elected and appointed officials present. John Hill, Assistant City Engineer; Mark Taormina, City Planner; Cathryn White, Chief Assistant City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, David Woodcox, Director of Building Inspection and Stan Dobis, Cable Commission On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 530-05 RESOLVED, that the minutes of the 1,547th Regular Meeting of the Council held October 26, 2005 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Robinson announced that tomorrow is opening day of deer rifle hunting season and wished "good luck" and a safe day to all hunters Council Vice-President Meakin announced that Thursday the Livonia Community Foundation is holding its annual wine tasting event at Subu's restaurant. City Clerk Vandersloot congratulated all the winners in last week's election She also thanked the poll workers and the workers at City Hall, especially her election staff She reported that Livonia had a 27% voter turn-out for this election A communication from the Department of Finance, dated October 20, 2005, re forwarding various financial statements of the City of Livonia for the month 35395 Regular Meeting of November 14, 2005 ending September 30, 2005, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Knapp, it was CR 531-05 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 13, 2005, and the report and recommendation of the Chief of Police, dated October 19, 2005, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Thomas Guastello to transfer ownership of a 2003 Class C Licensed Business (in escrow) with Official Permit (Food) from Chi-Chi's, Inc. (a Delaware corporation), for a business located at 29330 Schoolcraft Road, Livonia, Michigan, 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 532-05 RESOLVED, that having considered the report and recommendation of the Information Systems Director and the Director of Finance, dated October 13, 2005, approved for submission by the Mayor, the Council does hereby accept the quote of EDS, 944 W Holmes Street, Lansing, Michigan 48910, for providing the Information Systems Department with upgraded Microsoft server software licenses for the total amount of $27,879 34, the same to be expended from funds already budgeted for this purpose in Account No 101-915-986-010, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan contract price, in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 533-05 RESOLVED, that having considered a communication from the City Planning Commission, dated October 18, 2005, which transmits its resolution 10-101-2005 adopted on October 11, 2005, with regard to the request for approval of landscaping submitted by Steve's Family Dining, in connection with Petition 2005-05-08-10, which previously received site plan approval on June 20, 2005 (Council Resolution 318-05) to construct additions and renovate the exterior of the restaurant located at 15800 Middlebelt Road, on the northeast corner of Middlebelt Road and Broadmoor Avenue in the Southwest 1/4 of Section 13, the Council does hereby concur in the recommendation of the Planning Commission, and the Landscape Plan in connection with Petition 2005-05-08-10 is hereby approved and granted, subject to the following conditions 35396 Regular Meeting of November 14, 2005 1 That the Landscape Plan dated May 16, 2005, prepared by Cedar Legends Landscaping, is hereby approved and shall be adhered to, .► 2 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 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; and 6 That all other conditions imposed by Council Resolution 318-05 shall remain in effect to the extent that they are not in conflict with the foregoing conditions CR 534-05 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 10, 2005, which bears the signature of the Director of Finance and is approved for submission by the Director of Public Safety and the Mayor, the Council does hereby authorize the purchase of one (1) 2006 Chevrolet Silverado 2500 HD 4x4 Crew Cab Pick-Up Truck with a six foot bed from Buff Whelan Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan 48313- 3736, for use by the Police Department, in the amount of $26,971 52 through the Oakland County consortium, FURTHER, the amount of $26,971 52 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 101-325-985-000 (Patrol Bureau Capital Outlay [2005]), FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Oakland County consortium bid price (Oakland County Bid No B020554) and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None 35397 Regular Meeting of November 14, 2005 A communication containing information received from Sam Shamie, S & N Development Companies, on September 27, 2005 re request for a second 1 year extension of the site plan approval for constructing an office building at 37640 Seven Mile Road, was received and placed on file for the information of the Council (Petition 2003-02-08-05) On a motion by Kokenakes, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 535-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 18, 2005, submitted pursuant to Council Resolution 242-05, involving a request from Sam Shamie, managing member of S & N Development Company, LLC, for a second extension of the approval of Petition 2003-02-08-05, in connection with the approval of all plans for the proposal to construct an office building on property located at 37640 Seven Mile Road, on the north side of Seven Mile Road, between Newburgh Road and Victor Parkway in the Southeast 1/4 of Section 6, previously granted in Council Resolution 183-03, adopted on April 23, 2003, and extended in Council Resolution 168-04, adopted on April 21 , 2004, the Council does hereby concur in the recommendation of the Planning Commission and does hereby approve the requested second extension of the site plan approval in connection with Petition 2003-02-08-05, subject to compliance with the same conditions as set forth in the original approval of April 23, 2003, such extension to expire on October 18, 2006 A communication from John Murphy, 32098 Plymouth Road, Livonia, Michigan 48150, dated September 21, 2005, re requesting an opportunity to be considered for taking over the lease for property located at 36000 Seven Mile Road, (Sideline Restaurant) was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 536-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 18, 2005, submitted pursuant to Council Resolution 107-05, in connection with the 35398 Regular Meeting of November 14, 2005 request of Sandra Beslach of the Sideline Restaurant for the renewal and/or renegotiation of the sublease agreement for the Fox Creek Clubhouse, the Council does hereby request that "Request For Proposals" (RFP's) be prepared by the Administration for the leasing of the Fox Creek Clubhouse and begin the process of soliciting proposals Mr Angelo Plakas, 35330 Nankin Boulevard, Westland, an attorney representing the Sideline Restaurant operators, spoke to the Council and gave a history of the sublease held by the Sideline Restaurant for 11 years A communication from TJW, Inc , operators of Fox Creek Golf Course, dated November 14, 2005 and presented by Angelo Plakas at the November 14, 2005 City Council Regular Meeting, re supporting the continuation of the lease agreement between BJ's of Michigan (Sideline Restaurant) and the City of Livonia, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 537-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 18, 2005, submitted pursuant to Council Resolution 107-05, in connection with the request of Sandra Beslach of the Sideline Restaurant for the renewal and/or renegotiation of the sublease agreement for the Fox Creek Clubhouse, the Council does hereby refer the subject of the use of alcoholic beverages (beer, wine and liquor) on all three golf courses to the Administration for its report and recommendation The above item is to remain in the Committee of the Whole Councilmember Godfroid-Marecki gave a reading to the following Ordinance ORDINANCE NO 2719 AN ORDINANCE TO (A) AMEND AND RESTATE ORDINANCES NOS 1958, 2015, 2179, 2195, 2500 AND 2574 OF THE CITY OF LIVONIA, (B) PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE REFUNDING BONDS, SERIES 2006 TO PAY THE COST OF REFUNDING ALL OR PART OF THE CITY OF LIVONIA'S WATER SUPPLY AND 35399 Regular Meeting of November 14, 2005 WASTEWATER SYSTEM REVENUE BONDS, SERIES 2000 AND (C) TO ALSO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BONDS, SERIES 2005 TO PAY THE COST OF THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, IMPROVEMENTS AND EXTENSIONS TO THE WATER SUPPLY AND WASTEWATER SYSTEM OF THE CITY AND TO PRESCRIBE THE FORM OF BOTH ISSUES 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 BOTH ISSUES OF THE BONDS AND CERTAIN OUTSTANDING BONDS OF EQUAL STANDING OF THE SYSTEM, TO PROVIDE AN ADEQUATE RESERVE FUND FOR BOTH ISSUES OF THE BONDS AND OUTSTANDING BONDS OF THE SYSTEM, TO PROVIDE FOR THE SEGREGATION AND DISTRIBUTION OF THE REVENUES, TO PROVIDE FOR THE RIGHTS OF THE HOLDERS OF BOTH ISSUES OF THE BONDS AND OUTSTANDING BONDS OF THE SYSTEM IN ENFORCEMENT THEREOF, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE SYSTEM BOTH ISSUES OF AND THE BONDS AND OUTSTANDING BONDS OF 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) "Bonds" mean the Series 2005 Bonds and the Series 2006 Bonds, and any additional Bonds presently of equal standing or hereafter issued (c) "Bond Purchase Agreement" means the Bond Purchase Agreement relating to the purchase of the Series 2005 Bonds and the Series 2006 Bonds by and between the City and the Underwriter (d) "Escrow Agent" means J P Morgan Trust Company, National Association, Detroit, Michigan (e) "Issuer" or "City" means the City of Livonia, County of Wayne, State of Michigan (f) "Mandatory Redemption Requirements" means the mandatory prior redemption requirements for Bonds that are term Bonds, if any, as specified in the Bond Purchase Agreement relating to the Series 35400 Regular Meeting of November 14, 2005 2005 Bonds and the Series 2006 Bonds or in any subsequent Ordinance in connection with the issuance of additional bonds (g) "2000 Bonds" means the Issuer's Water Supply and Wastewater System Revenue Bonds, dated October 1, 2000, in the outstanding principal amount of Five Hundred Thousand Dollars ($500,000), which bonds mature serially on November 1st of each of the years 2006 to 2009, inclusive, which are not being refunded with the proceeds of the Series 2006 Bonds (h) "2002 Bonds" means the Issuer's Water Supply and Wastewater System Revenue Refunding Bonds, Series 2002, dated October 24, 2002 in the outstanding principal amount of Six Million Five Hundred Seventy-Five Thousand Dollars ($6,575,000) which bonds mature on November 1st of each of the years 2006 to 2012, inclusive (i) "Outstanding Bonds" means the 2000 Bonds and the 2002 Bonds (j) "Outstanding Ordinances" means Ordinances Nos 1958, 2015, 2179, 2195, 2500 and 2574 of the City, which are all being amended and restated by this Ordinance (k) "Project" means the additions, extensions and improvements to the System, together with all necessary appurtenances and additions thereto (I) "Refunded Bonds" means all or a portion of the 2000 Bonds as shall be finally identified in the Sales Order referred to herein, but preliminarily refers to those 2000 Bonds maturing in the years 2010 to 2020, inclusive, aggregating the principal amount of Three Million Nine Hundred Twenty-Five Thousand Dollars ($3,925,000) (m) "Revenues" and "Net Revenues" mean 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 this Ordinance (n) "Sales Order" means the Sales Order to be executed by the designated officials of the Issuer respecting the sale of the Series 2005 Bonds and the Series 2006 Bonds (o) "Series 2005 Bonds" means the Water Supply and Wastewater System Revenue Bonds, Series 2005 of the Issuer authorized by this Ordinance 35401 Regular Meeting of November 14, 2005 (p) "Series 2006 Bonds" means the Water Supply and Wastewater System Revenue Refunding Bonds, Series 2006 of the Issuer authorized by this Ordinance (q) "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 and the principal and redemption premium, if any, on the 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 are to be called for redemption prior to maturity, irrevocable instructions to call the Bonds for redemption shall be given to the paying agent. (r) "System" means the entire Water Supply and Wastewater System of the City as defined in this Ordinance (s) "Transfer Agent" means J P Morgan Trust Company, National Association, Detroit, Michigan (t) "Underwriter" means Robert W Baird & Co Incorporated, as the purchaser of the Series 2005 Bonds and the Series 2006 Bonds Section 2 Amendment and Restatement of Ordinances Nos. 1958, 2015, 2179, 2195, 2500 and 2574 Ordinances Nos 1958, 2015, 2179, 2195, 2500 and 2574 are hereby amended and restated as a part of this Ordinance The operation of the System, the flow of funds thereof and the payment of and security for all Bonds shall be as set forth herein No holders of any Bonds outstanding under any of the above Ordinances shall be in any way affected by the amendment and restatement of such Ordinances, but as of the effective date of this Ordinance, this Ordinance shall be the only Ordinance with respect to the issuance of the Bonds and the security therefor Section 3 Necessity; Public Purpose, Estimated Cost and Life of Project. It is hereby determined to be a necessary public purpose of the Issuer to (a) refund the Refunded Bonds and (b) to acquire and construct the Project. The estimated cost of refunding the Refunded Bonds, including legal and financing expenses, in an amount not to exceed Four Million Three Hundred Thousand Dollars ($4,300,000) and the estimated cost of acquiring and constructing the Project, including contingencies, engineering, legal and financing expenses, in an amount of not to exceed Five Million Dollars ($5,000,000), is hereby approved The Issuer does hereby estimate the period of usefulness of the Project to be at least thirty (30) years Section 4 Payment of Cost; 2005 Bonds Authorized To pay the costs associated with acquiring and constructing the Project, including all legal, financial and other 35402 Regular Meeting of November 14, 2005 expenses incident thereto and incident to the issuance and sale of the Series 2005 Bonds, the Issuer shall borrow the sum of not to exceed Five Million Dollars ($5,000,000), as finally determined in the Sales Order and issue the Series 2005 Bonds taw therefor pursuant to the provisions of Act 94 Section 5 Payment of Costs, 2006 Bonds Authorized To pay the costs associated with the refunding of the Refunding Bonds, including all legal, financial and other expenses incident thereto and incident to the issuance and sale of the Series 2006 Bonds, the Issuer shall borrow the sum of not to exceed Four Million Three Hundred Thousand Dollars ($4,300,000), as finally determined in the Sales Order and issue the Series 2006 Bonds therefor pursuant to the provisions of Act 94 The remaining costs, if any, of refunding the Refunded Bonds shall be defrayed from System funds on hand and legally available for such use, included moneys in the Bond Reserve Account established for the Outstanding Bonds and the Refunded Bonds Section 6 Bond Details, Registration and Execution The Series 2005 Bonds hereby authorized shall be designated WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BONDS, SERIES 2005 The Series 2006 Bonds hereby authorized shall be designated WATER SUPPLY AND WASTEWATER SYSTEM REVENUE REFUNDING BONDS, SERIES 2006 and both the Series 2005 Bonds and the Series 2006 Bonds shall be payable solely and only out of the Net Revenues, as set forth more fully herein, shall consist of bonds of the denomination of $5,000, or integral multiples of$5,000 not 16. exceeding in any one year the amount maturing in that year, each dated as shall be determined in the Sales Order, numbered in order of authentication, and shall mature on November 1st in the years 2006 to 2020 inclusive, or such other years of maturity as shall be determined in the Sales Order The Bonds of both issues shall bear interest at a rate or rates set forth in the Bond Purchase Agreement determined on sale thereof, but in any event not exceeding 6% per annum, payable on May 1 and November 1 of each year, commencing May 1, 2006, or such later date as shall be determined in the Sales Order, by check or draft mailed by the Transfer Agent to the person or entity which is, as of the 15th day of the month preceding the interest payment date, the registered owner at the registered address as shown on the registration books of the Issuer maintained by the Transfer Agent. The date of determination of registered owner for purposes of payment of interest as provided in this paragraph may be changed by the Issuer to conform to market practice in the future The principal of the Bonds shall be payable at the principal corporate trust office of the Transfer Agent. The Bonds of both issues shall be sold at the price set forth in the Bond Purchase Agreement. The Bonds of both issues may be subject to redemption prior to maturity at the times and prices and in the manner finally determined in the Sales Order In case less than the full amount of an outstanding Bond is called for redemption, the Transfer Agent upon presentation of the Bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond in the principal 35403 Regular Meeting of November 14, 2005 amount of the portion of the original bond not called for redemption Notice of redemption shall be given in the manner specified in the form of the Bonds contained in Section 20 of this Ordinance The Bonds shall be executed in the name of the Issuer with the facsimile signatures of the Mayor, the City Clerk and the Treasurer and shall have a facsimile of the Issuer's seal printed on them No Bond shall be valid until authenticated by an authorized signer of the Transfer Agent. The Bonds shall be delivered to the Transfer Agent for authentication and be delivered by the Transfer Agent to the Underwriter in accordance with instructions from the Treasurer of the Issuer upon payment of the purchase price for the Bonds in accordance with the bid therefor when accepted Executed blank bonds for registration and issuance to transferees shall simultaneously, and from time to time thereafter as necessary, be delivered to the Transfer Agent for safekeeping Section 7 Registration and Transfer Any 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 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 Bonds shall be surrendered for transfer, the Issuer shall execute and the transfer agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. The Transfer Agent shall require payment by the bondholder requesting the transfer of any tax or other governmental charge required to be paid with respect to the transfer The Transfer Agent shall not be required (i) to issue, register the transfer of or exchange any 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 Bonds contained in Section 20 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 so selected for redemption in whole or in part, except the unredeemed portion of 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, 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 as hereinbefore provided If any Bond shall become mutilated, the Issuer, at the expense of the holder of the Bond, shall execute, and the Transfer Agent shall authenticate and deliver, a new Bond of like tenor in exchange and substitution for the mutilated Bond, upon surrender to the Transfer Agent of the mutilated Bond If any 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 35404 Regular Meeting of November 14, 2005 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 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 so lost, destroyed or stolen If any such Bond shall have matured or shall be about to mature, instead of issuing a substitute Bond the Transfer Agent may pay the same without surrender thereof The Bonds may be issued in book-entry-only form through the Depository Trust Company in New York, New York ("DTC") and any officer of the City is authorized to execute such custodial or other agreement with DTC as may be necessary to accomplish the issuance of the Bonds in book-entry-only form and to make such changes in the Bond form with the parameters of this resolution as may be required to accomplish the foregoing Section 8 Payment of Bonds The Bonds and the interest thereon shall be payable solely and only from the Net Revenues, and to secure such payment, there is hereby recognized a statutory lien upon the whole of the Net Revenues which shall be a first lien to continue until payment in full of the principal of and interest on all Bonds payable from the Net Revenues, or, until sufficient cash or Sufficient Government Obligations have been deposited in trust for payment in full of all Bonds of a series then outstanding, principal and interest on such Bonds to maturity, or, if called for redemption, to the date fixed for redemption together with the amount of the redemption premium, if any The statutory first lien referred to herein shall be of equal standing and priority with the City's Outstanding Bonds which are not being refunded with the Bonds Upon deposit of cash or Sufficient Government Obligations, as provided in the previous sentence, the statutory lien shall be terminated with respect to that series of Bonds, the holders of that series shall have no further rights under this Ordinance except for payment from the deposited funds, and the Bonds of that series shall no longer be considered to be outstanding under this Ordinance Section 9 Bondholders' Rights, Receiver The holder or holders of the Bonds representing in the aggregate not less than twenty percent (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 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 on the 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 35405 Regular Meeting of November 14, 2005 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 shall have all other rights and remedies given by Act 94 and law, for the payment and enforcement of the Bonds and the security therefor Section 10 Rates and Charges The rates and charges for service furnished by and the use of the System and the methods of collection and enforcement of the collection of the rates shall be those in effect on date even herewith, as the same shall be increased from time to time Section 11 No Free Service or Use No free service or use of the System, or service or use of the System at less than the reasonable cost and value thereof, shall be furnished by the System to any person, firm or corporation, public or private, or to any public agency or instrumentality, including the Issuer Section 12 Fixing and Revising Rates The rates presently in effect in the City 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 reserve therefor and to provide for all other obligations, expenditures and funds for the System required by law and this Ordinance The rates shall be reviewed not less than once a year and shall be fixed and revised from time to time as may be necessary to produce these amounts, and it is hereby covenanted and agreed to fix and maintain rates for services furnished by the System at all times sufficient to provide for the foregoing Section 13 Series 2005 Bond Proceeds There is hereby established in a bank insured by the Federal Deposit Insurance Corporation to be selected by the Finance Director, a separate depositary account to be designated "Water Supply and Sewage Disposal System Revenue Bonds Series 2005 Construction Fund", the moneys from time to time on deposit to be used solely to pay the cost of the Project and the incidental costs set forth in Section 4 of this Ordinance The proceeds of sale of the Series 2005 Bonds shall be allocated and used as follows First, any premium and accrued interest, if any, shall be deposited into the Bond and Interest Redemption Account established by the Outstanding Ordinances Second, the amount of funds necessary to pay the costs of the Project, as set forth in the Sales Order, shall be deposited in the Construction Fund Moneys in the Construction Fund shall be applied solely in payment of the cost of the acquisition and construction of the Project, including any engineering expenses incident thereto Any payments for construction, either on account or otherwise, shall not be made unless the registered engineer in charge of such work shall file with the City Council a signed statement to the effect that the work has been completed in accordance with the plans and specifications therefor; that it was done pursuant to and in accordance with the Regular Meeting of November 14, 2005 35406 contract therefor (including properly authorized change orders), that the work is satisfactory and that any such work has not been previously paid for The investment of the Bonds shall be limited as may be required by federal law Any unexpended balance of the proceeds of sale of the Bonds in the Construction Fund remaining after completion of the Project may, in the discretion of the Issuer, be used for further improvements and extensions to the System provided, that, at the time of such expenditure, such use be approved by the Michigan Department of Treasury, if necessary Any remaining balance after such expenditure, or in the event no such expenditure is made, the entire unexpended balance shall be paid into the Bond and Interest Redemption Account and used for the redemption or purchase of callable bonds or for any other purpose permitted by Act 94 The proceeds of sale of said bonds may be invested in whole or in part in the manner provided by Act 94 Section 14 Series 2006 Bond Proceeds There is hereby established with the Escrow Agent a fund to be designated as "City of Livonia Escrow Fund" (the "Escrow Fund") Certain of the proceeds of the Series 2006 Bonds and, if deemed necessary or advisable by the Issuer, moneys on hand in the outstanding Bond Reserve Account, as set forth in the Sales Order, shall be deposited in the Escrow Fund consisting of cash and investments in direct obligations of or obligations of the principal of and interest on which are unconditionally guaranteed by the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing not redeemable at the option of the Issuer in amounts fully sufficient to pay the principal, interest and redemption premiums on all of the Refunded Bonds, which are to be refunded hereunder and shall be used only for such purposes together with all costs of issuance of the Series 2006 Bonds, including legal and other expenses incident thereto and to the financing thereof including bond insurance premiums The Escrow Fund shall be held by the Escrow Agent pursuant to an escrow agreement (the "Escrow Agreement") which shall irrevocably direct the Escrow Agent to take all necessary steps to pay the principal of and interest on the Refunded Bonds when due and to call the Refunded Bonds for redemption on the first call date, as specified by the Issuer The amounts held in the Escrow Fund shall be such that the cash and investments and income received thereon will be sufficient without reinvestment to pay the principal, interest and redemption premiums, if any, on the Refunded Bonds when due at maturity or by call for redemption as required by the Sales Order Any proceeds in excess of the proceeds deposited in the Escrow Fund or required to pay costs of issuance shall be deposited in the Redemption Account and used to pay interest on the Bonds on the next available interest payment date The Mayor, City Clerk and the Finance Director of the Issuer are each authorized to negotiate an Escrow Agreement on behalf of the Issuer Section 15 Management; Fiscal Year The operator, repair and management of the System and the acquiring of the Project shall be under the supervision and control of the City Council and the Fiscal Year for the System shall commence on December 1 of each year and shall end on the last day of November of the next year The Issuer may employ such person or persons in such capacity or capacities as it deems advisable to 35407 Regular Meeting of November 14, 2005 carry on the efficient management and operation of the System The City Council may make such rules and regulations as it deems advisable and necessary to assure the efficient management and operation of the System Section 16 Funds and Accounts, Flow of Funds Commencing as of December 1, 2005, all funds belonging to the System shall be transferred as herein indicated and all Revenues of the System shall be set aside as collected and credited to a fund to be designated WATER SUPPLY AND WASTEWATER SYSTEM RECEIVING FUND (the "Receiving Fund") In addition, on December 1, 2005 all Revenues in any accounts of the System shall be transferred to the Receiving Fund and credited to the funds and accounts as provided in this section The Revenues credited to the Receiving Fund are pledged for the purpose of the following funds and shall be transferred or debited from the Receiving Fund periodically in the manner and at the times and in the order of priority hereinafter specified A. OPERATION AND MAINTENANCE ACCOUNT Out of the Revenues credited to the Receiving Fund there shall be first set aside in, or credited to, a fund designated OPERATION AND MAINTENANCE ACCOUNT (the "Operation and Maintenance Account"), monthly a sum sufficient to provide for the payment of the next month's expenses of administration and operation of the System and such current expenses for the maintenance thereof as may be necessary to preserve the same in good repair and working order A budget, showing in detail the estimated costs of administration, operation and maintenance of the System for the next ensuing operating year, shall be prepared by the City Council at least 30 days prior to the commencement of each ensuing operating year No payments shall be made to the Issuer from moneys credited to the Operation and Maintenance Account except for services directly rendered to the System by the Issuer or its personnel B BOND AND INTEREST REDEMPTION ACCOUNT There shall be established and maintained a separate depositary fund designated BOND AND INTEREST REDEMPTION ACCOUNT (the "Redemption Account"), the moneys on deposit therein from time to time to be used solely for the purpose of paying the principal of, redemption premiums (if any) and interest on the Bonds The moneys in the Redemption Account (including the Bond Reserve Account) shall be kept on deposit with the bank or trust company where the principal of and interest on the Bonds, or any series thereof, are payable Out of the Revenues remaining in the Receiving Fund, after provision for the Operation and Maintenance Account, there shall be set aside each month commencing December 1, 2005 in the Redemption Account an amount equal to 1/6 of the interest coming due on the Bonds on May 1, 2006, less any amount in the Redemption Account representing accrued interest on the Bonds or investment income on amounts on deposit in the Redemption Account. The amount of principal next coming due by maturity and the amount set aside each month for principal payment commencing 35408 Regular Meeting of November 14, 2005 December 1, 2005, shall be 1/12 of the amount of principal next coming due by maturity on November 1 of each year If there is any deficiency in the amount previously set aside, that deficiency shall be added to the next succeeding monthly requirements The amount to be set aside for the payment of principal and interest on any date shall not exceed the amount which, when added to the money on deposit in the Redemption Account, including investment income thereon is necessary to pay principal and interest due on the Bonds on the next succeeding principal payment date There has been previously established by the Outstanding Ordinances a separate account in the Redemption Account known as the BOND RESERVE ACCOUNT (the "Bond Reserve Account"), the moneys in which Account shall be transferred to the Bond Reserve Account established herein Upon delivery of the Series 2005 Bonds, there shall be deposited in the Bond Reserve Account from the proceeds of the Series 2005 Bonds, an amount so that the balance in the Bond Reserve Account shall be equal to the lesser of (1) the maximum annual debt service on the Bonds and the Outstanding Bonds due in the current or any future year, (2) 125% of the average annual debt service on the Bonds and the Outstanding Bonds, or (3) 10% of the principal amount of the Bonds and the Outstanding Bonds (the "Reserve Amount") Interest on the Bond Reserve Account must be transferred into the Redemption Account once the Reserve Amount has been reached In addition, upon delivery of the Series 2006 Bonds, there shall be either added to the Bond Reserve Account a sum sufficient to meet the Bond Reserve Amount or to the extent that the Bond Reserve Amount is greater than required, then the excess moneys in the Bond Reserve Account shall be used to reduce the principal amount of the Series 2006 Bonds Except as otherwise provided in this Section, the moneys credited to the Bond Reserve Account shall be used solely for the payment of the principal of, redemption premiums (if any) and interest on the Bonds and the Outstanding Bonds as to which there would otherwise be a default. If at any time it shall be necessary to use moneys credited to the Bond Reserve Account for such payment, then the moneys so used shall be replaced from the Net Revenues first received thereafter which are not required for current principal and interest requirements until the amount on deposit equals the Reserve Amount. If additional Bonds are issued, each Ordinance authorizing the additional Bonds shall provide for additional deposits to the Bond Reserve Account to be made from the proceeds of the additional Bonds or City funds on hand and legally available for such use in an amount that will result in the Bond Reserve Account being funded to the Bond Reserve Amount. If on any December 1st the amount in the Bond Reserve Account exceeds the Bond Reserve Amount, the excess may be transferred to the Redemption Account for payment of principal and interest on the Bonds due on that date For purposes of making deposits to the Redemption Account and the Bond Reserve Account, the principal amount of Bonds becoming due by reason of a Mandatory Redemption Requirement shall be deemed to become due in the principal amount and on the due date of the Mandatory Redemption Requirements Each Ordinance authorizing the sale of Additional Bonds shall state the amount of Bonds authorized 35409 Regular Meeting of November 14, 2005 which are term Bonds, if any A Mandatory Redemption Requirement for the Bonds of a term maturity may be satisfied by the call of term Bonds of the same issue and maturity in the principal amount of the Mandatory Redemption Requirement at par and accrued interest or by the purchase and surrender to the transfer agent of the Bonds of the same issue and maturity from money allocated therefor as provided herein, or purchased with other funds legally available therefor The Issuer shall elect the manner in which it intends to satisfy a Mandatory Redemption Requirement not less than forty-five days prior to the due date of each Mandatory Redemption Requirement. The money set aside to satisfy the next Mandatory Redemption Requirement for the Bonds shall be used by redeeming said Bonds on the following November 1st or by purchasing Bonds of the same issue and maturity with respect to which the Mandatory Redemption Requirement applies and surrendering the same to the paying agent for cancellation or on prior to the required due date of the Mandatory Redemption Requirement. In the event that after any Mandatory Redemption Requirement date moneys remain in the Redemption Account, as a result of the purchase of Bonds at less than par, the amount of such excess may be transferred to the Receiving Fund If no Bonds of an issue are issued as term Bonds then there shall be no Mandatory Redemption Requirement with respect to those Bonds C. REPLACEMENT AND IMPROVEMENT FUND. There shall next be established and maintained a separate depositary account, designated REPLACEMENT AND IMPROVEMENT ACCOUNT (the "Replacement Account"), the money credited thereto to be used solely for the purpose of making repairs, replacements, improvements, enlargements or extensions to the System, including any buildings or structures related to said System Out of the Revenues and moneys of the System remaining in the Receiving Fund and the end of each month after provision has been made for the deposit of moneys in the Operation and Maintenance Account and the Redemption Account including the Bond Reserve Account, there may be deposited in the Replacement Account such additional funds as the City may deem advisable If at any time it shall be necessary to use moneys in the Replacement Account for the purpose for which the Replacement Account was established, the moneys so used shall be replaced from any moneys in the Receiving Account which are not required by this Ordinance to be used for the Operation and Maintenance Account or the Redemption Account including the Bond Reserve Account. D. GENERAL OBLIGATION DEBT ACCOUNT Out of the remaining Revenues in the Receiving Fund, there may be next set aside in or credited to monthly after meeting the requirements of the foregoing Account, to an account designated General Obligation Debt Account (the "G 0 Account"), or from other available moneys such sums as shall be necessary to pay debt service on presently existing or future general obligation bond issues of the City or general obligations or contractual obligations of the City incurred or to be incurred for System purposes 35410 Regular Meeting of November 14, 2005 E. SURPLUS MONEYS All moneys remaining in the Receiving Fund after satisfying all the foregoing requirements of this Section 16, may, at the option of the City Council, be used for any of the following purposes (1) Transferred to the Replacement Account or the G 0 Debt Account. (2) Transferred to the Redemption Account and used for the purchase of Bonds on the open market at not more than the fair market value thereof or for the redemption of Bonds prior to maturity Section 17 Priority of Funds In the event the moneys in the Receiving Fund are insufficient to provide for the current requirements of the Operation and Maintenance Account or the Redemption Account, any moneys or securities in other funds of the System, except the proceeds of sale of the Bonds, shall be credited or transferred, first, to the Operation and Maintenance Account, and second to the Redemption Account. Section 18 Depositary and Funds on Hand Moneys in the fund and the several accounts established pursuant to this Ordinance, except moneys in the Redemption Account (including the Bond Reserve Account) and moneys derived from the proceeds of sale of the Bonds, may be kept in one or more accounts at a bank or banks designated by resolution of the City Council, and if kept in one bank account the moneys shall be allocated on the books and records of the Issuer in the manner and at the times provided in this Ordinance Section 19 Investments Moneys in the fund and accounts established herein and moneys derived from the proceeds of sale of the Bonds, may be invested by the Issuer as set forth by State law and by the investment policy of the City, provided that investment of moneys in the Bond Reserve Account shall be limited to obligations bearing maturity dates or subject to redemption, at the option of the holder thereof, not later than five years from the date of the investment. In the event investments are made, any securities representing the same shall be kept on deposit with the bank or trust company having on deposit the fund or funds or account from which the purchase was made Profit realized or interest income earned on investment of funds in the Receiving Account, Operation and Maintenance Account, Improvement Account or GO Debt Account shall be deposited in or credited to the Receiving Fund at the end of each fiscal year Profit realized on interest income earned on investment of moneys in the Redemption Account including income derived from the Bond Reserve Account shall be credited to the Receiving Fund at the end of each fiscal year Section 20 Form of Series 2005 Bonds and Series 2006 Bonds The Series 2005 Bonds and the Series 2006 Bonds shall be in substantially the following forms 35411 Regular Meeting of November 14, 2005 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BOND, SERIES 2005 Date of Interest Maturity Original Rate Date Issue CUSIP November 1, December 15, 2005 REGISTERED OWNER. PRINCIPAL AMOUNT DOLLARS The City of Livonia, County of Wayne, State of Michigan (the "Issuer"), for value received, hereby promises to pay, solely and only out of the hereinafter described Net Revenues of the Issuer's Water Supply and Wastewater System (hereinafter defined) the Principal Amount shown above in lawful money of the United States of America to the Registered Owner shown above, or registered assigns, on the Maturity Date shown above, unless prepaid prior thereto as hereinafter provided, with interest thereon from the Date of Original Issue shown above or such later date to which interest has been paid, until paid, at the Interest Rate per annum shown above, payable on May 1, 2006, and semiannually thereafter Principal of this bond is payable upon surrender of this bond at the corporate trust office of J P Morgan Trust Company, National Association, Detroit, Michigan (the "Transfer Agent") or such other Transfer Agent as the Issuer may hereafter designate by notice mailed to the registered owner not less than 60 days prior to any interest payment date Interest on this bond is payable by check or draft mailed by the Transfer Agent to the person or entity who is, as of the 15th day of the month preceding the interest payment date, the registered owner of record, at the registered address as shown on the registration books of the Issuer kept by the Transfer Agent. 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 (the "System"), including all appurtenances, extensions and improvements thereto, after provision has been made for reasonable and necessary expenses of operation, maintenance and administration (the "Net Revenues"), and a statutory first lien thereon is hereby recognized and created This bond is one of a series of bonds of even Date of Original Issue aggregating the principal sum of$ , issued pursuant to Ordinance No 2719 of the Issuer, duly adopted by the City Council of the Issuer (the "Ordinance"), 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 the cost of acquiring and constructing additions, extensions and improvements to the System 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 equal standing as to the Net Revenues may hereafter be issued and the general covenants and provisions pursuant to which this bond is issued, reference is made to the above-described 35412 Regular Meeting of November 14, 2005 Ordinance The bonds of this issue are of equal standing and priority of lien as to the Net Revenues with the Issuer's (a) Water Supply and Wastewater System Revenue Bonds, Series 2000 in the outstanding principal amount of $500,000, (b) Water Supply and Wastewater System Revenue Refunding Bonds, Series 2002 in the outstanding principal amount of $6,575,000 and (c) Water Supply and Wastewater System Revenue Refunding Bonds, Series 2006 in the outstanding principal amount of $ (together the "Outstanding Bonds") Bonds of this issue maturing in the years to , inclusive, are not subject to redemption prior to maturity Bonds or portions of bonds in multiples of $5,000 maturing in the year and thereafter may be redeemed at the option of the Issuer, in such order as the Issuer shall determine and within any maturity by lot, on any date on or after November 1, at par and accrued interest to the date fixed for redemption In case less than the full amount of an outstanding bond is called for redemption the Transfer Agent upon presentation of the bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond in the principal amount of the portion of the original bond not called for redemption Notice of redemption of any bond or portion thereof shall be given by the Transfer Agent at least thirty (30) days prior to the date fixed for redemption by mail to the registered owner at the registered address shown on the registration books kept by the Transfer Agent. Bonds shall be called for redemption in multiples of $5,000 and any bond of a denomination of more than $5,000 shall be treated as representing the number of bonds obtained by dividing the denomination of the bond by $5,000 and such bond may be redeemed in part. Notice of redemption for a bond redeemed in part shall state that upon surrender of the bond to be redeemed a new bond or bonds in aggregate principal amount equal to the unredeemed portion of the bonds surrendered shall be issued to the registered owner thereof No further interest on a bond or portion thereof called for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided funds are on hand with the Transfer Agent to bond or portion thereof This bond is a self-liquidating bond and is not a general obligation of the Issuer and does not constitute an indebtedness of the Issuer within any constitutional, statutory or charter debt limitation of the Issuer but is payable solely and only, both as to principal and interest, from the Net Revenues of the System The principal of and interest on this bond are secured by the statutory lien hereinbefore mentioned 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 System shall be outstanding, such rates for service furnished by the System as shall be sufficient to provide for payment of the interest on and the principal of the bonds of this issue, the Outstanding Bonds and any additional bonds of equal standing as and when the same shall become due and payable, and to create and maintain a bond redemption account (including a bond reserve account) therefor, to provide for the payment of expenses of administration and operation and such expenses for maintenance of the 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 System as are required by the Ordinance The Issuer has reserved the right to issue additional bonds of z equal standing as to the Net Revenues of the System on conditions stated in the Ordinance { ir.. 35413 Regular Meeting of November 14, 2005 This bond is transferable only upon the books of the Issuer kept for that purpose at the office of the Transfer Agent by the registered owner hereof in person, or by 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 registered 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 authorizing the bonds, and the Outstanding Bonds, and upon the payment of the charges, if any, therein prescribed It is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this is one have been done and performed in regular and due time and form as required by law This bond is not valid or obligatory for any purpose until the Transfer Agent's Certificate of Authentication on this bond has been executed by the Transfer Agent. 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 facsimile signatures of its Mayor, its City Clerk and its Treasurer and a facsimile of its corporate seal to be printed on this bond, all as of the Date of Original Issue CITY OF LIVONIA to, ByMayor (Seal) Countersigned City Clerk Treasurer Certificate of Authentication This bond is one of the bonds described in the within-mentioned Ordinance J P MORGAN TRUST COMPANY, NATIONAL ASSOCIATION Detroit, Michigan Transfer Agent By Authorized Signatory Date of Registration Regular Meeting of November 14, 2005 35414 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA WATER SUPPLY AND WASTEWATER SYSTEM REVENUE REFUNDING BOND, SERIES 2006 Date of Interest Maturity Original Rate Date Issue CUSIP November 1, January 4, 2006 REGISTERED OWNER: PRINCIPAL AMOUNT DOLLARS The City of Livonia, County of Wayne, State of Michigan (the "Issuer"), for value received, hereby promises to pay, solely and only out of the hereinafter described Net Revenues of the Issuer's Water Supply and Wastewater System (hereinafter defined) the Principal Amount shown above in lawful money of the United States of America to the Registered Owner shown above, or registered assigns, on the Maturity Date shown above, unless prepaid prior thereto as hereinafter provided, with interest thereon from the Date of Original Issue shown above or such later date to which interest has been paid, until paid, at the Interest Rate per annum shown above, payable on May 1, 2006, and semiannually thereafter Principal of this bond is payable upon surrender of this bond at the corporate trust office of J P Morgan Trust Company, National Association, Detroit, Michigan (the "Transfer Agent") or such other Transfer Agent as the Issuer may hereafter designate by notice mailed to the registered owner not less than 60 days prior to any interest payment date Interest on this bond is payable by check or draft mailed by the Transfer Agent to the person or entity who is, as of the 15th day of the month preceding the interest payment date, the registered owner of record, at the registered address as shown on the registration books of the Issuer kept by the Transfer Agent. 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 (the "System"), including all appurtenances, extensions and improvements thereto, after provision has been made for reasonable and necessary expenses of operation, maintenance and administration (the "Net Revenues"), and a statutory first lien thereon is hereby recognized and created This bond is one of a series of bonds of even Date of Original Issue aggregating the principal sum of $ , issued pursuant to Ordinance No of the Issuer, duly adopted by the City Council of the Issuer (the "Ordinance"), 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 all or part of the cost of refunding certain of the Issuer's outstanding Water Supply and Wastewater System Revenue Bonds, Series 2000 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 equal standing as to the Net Revenues may hereafter be issued and the general covenants and 35415 Regular Meeting of November 14, 2005 provisions pursuant to which this bond is issued, reference is made to the above-described Ordinance The bonds of this issue are of equal standing and priority of lien as to the Net Revenues with the Issuer's (a) Water Supply and Wastewater System Revenue Bonds, Series 2000 in the outstanding principal amount of $500,000, (b) Water Supply and Wastewater System Revenue Refunding Bonds, Series 2002 in the outstanding principal amount of $6,575,000 and (c) Water Supply and Wastewater System Revenue Bonds, Series 2005 in the outstanding principal amount of$5,000,000 (together the "Outstanding Bonds") Bonds of this issue maturing in the years to inclusive, are not subject to redemption prior to maturity Bonds or portions of bonds in multiples of $5,000 maturing in the year and thereafter may be redeemed at the option of the Issuer, in such order as the Issuer shall determine and within any maturity by lot, on any date on or after November 1, at par and accrued interest to the date fixed for redemption In case less than the full amount of an outstanding bond is called for redemption the Transfer Agent upon presentation of the bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond in the principal amount of the portion of the original bond not called for redemption Notice of redemption of any bond or portion thereof shall be given by the Transfer Agent at least thirty (30) days prior to the date fixed for redemption by mail to the registered owner at the registered address shown on the registration books kept by the Transfer Agent. Bonds shall be called for redemption in multiples of $5,000 and any bond of a denomination of more than $5,000 shall be treated as representing the number of bonds obtained by dividing the denomination of the bond by $5,000 and such bond may be redeemed in part. Notice of redemption for a bond redeemed in part shall state that upon surrender of the bond to be redeemed a new bond or bonds in aggregate principal amount equal to the unredeemed portion of the bonds surrendered shall be issued to the registered owner thereof No further interest on a bond or portion thereof called for redemption shall accrue after the date fixed for redemption, whether presented for redemption or not, provided funds are on hand with the Transfer Agent to bond or portion thereof This bond is a self-liquidating bond and is not a general obligation of the Issuer and does not constitute an indebtedness of the Issuer within any constitutional, statutory or charter debt limitation of the Issuer but is payable solely and only, both as to principal and interest, from the Net Revenues of the System The principal of and interest on this bond are secured by the statutory lien hereinbefore mentioned 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 System shall be outstanding, such rates for service furnished by the System as shall be sufficient to provide for payment of the interest on and the principal of the bonds of this issue, the Outstanding Bonds and any additional bonds of equal standing as and when the same shall become due and payable, and to create and maintain a bond redemption account (including a bond reserve account) therefor, to provide for the payment of expenses of administration and operation and such expenses for maintenance of the 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 System as are required by the Ordinance The Issuer has reserved the right to issue additional bonds of equal standing as to the Net Revenues of the System on conditions stated in the Ordinance 35416 Regular Meeting of November 14, 2005 This bond is transferable only upon the books of the Issuer kept for that purpose at the office of the Transfer Agent by the registered owner hereof in person, or by 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 registered 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 authorizing the bonds, and the Outstanding Bonds, and upon the payment of the charges, if any, therein prescribed It is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this is one have been done and performed in regular and due time and form as required by law This bond is not valid or obligatory for any purpose until the Transfer Agent's Certificate of Authentication on this bond has been executed by the Transfer Agent. 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 facsimile signatures of its Mayor, its City Clerk and its Treasurer and a facsimile of its corporate seal to be printed on this bond, all as of the Date of Original Issue CITY OF LIVONIA By. Mayor (Seal) Countersigned City Clerk Treasurer Certificate of Authentication This bond is one of the bonds described in the within-mentioned Ordinance J P MORGAN TRUST COMPANY, NATIONAL ASSOCIATION Detroit, Michigan Transfer Agent By. Authorized Signatory Date of Registration 35417 Regular Meeting of November 14, 2005 Section 21. Covenants The Issuer covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid as to either principal or interest - (a) The Issuer will maintain the System in good repair and working order and will operate the same efficiently and will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Michigan and this Ordinance (b) The Issuer will keep proper books of record and account separate from all other records and accounts of the Issuer, in which shall be made full and correct entries of all transactions relating to the System The Issuer shall have an annual audit of the books of record and account of the System for the preceding operating year made each year by an independent certified public accountant, and a copy of the audit shall be mailed to the manager of each syndicate or account originally purchasing any issue of the Bonds The auditor shall comment on the manner in which the Issuer is complying with the requirements of the Ordinance with respect to setting aside and investing moneys and meeting the requirements for acquiring and maintaining insurance The audit shall be completed and so made available not later than six (6) months after the close of each operating year (c) The Issuer will maintain and carry, for the benefit of the holders of the Bonds, insurance on all physical properties of the System and liability insurance, of the kinds and in the amounts normally carried by municipalities engaged in the operation of Water Supply and Sewage Disposal Systems, including self- insurance All moneys received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed, and to the extent not so used, shall be used for the purpose of redeeming or purchasing Bonds (d) The Issuer will not sell, lease or dispose of the System, or any substantial part, until all of the Bonds have been paid in full, both as to principal and interest or provision made thereof as herein provided The Issuer will operate the System as economically as possible, will make all repairs and replacements necessary to keep the System in good repair and working order, and will not do or suffer to be done any act which would affect the System in such a way as to have a material adverse effect on the security for the Bonds (e) The Issuer will not grant any franchise or other rights to any person, firm or corporation to operate a System that will compete with the System and the Issuer will not operate a system that will compete with the System (f) The Issuer will cause the Project to be acquired and renovated promptly and in accordance with the plans and specification therefor 35418 Regular Meeting of November 14, 2005 Section 22. Additional Bonds Except as hereinafter provided, the Issuer shall not issue Additional Bonds of equal standing with the Bonds and the Outstanding Bonds The right is reserved in accordance with the provisions of Act 94, to issue Additional Bonds payable from the Revenues of the System which shall be of equal standing and priority of lien on the Net Revenues of the System with the Bonds and the Outstanding Bonds but only for the following purposes and under the following terms and 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 the purpose of refunding part of any Bonds then outstanding and paying costs of issuing such additional Bonds including deposits which may be required to be made to the Bond Reserve Account. 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 twenty-five percent (125%) of the maximum amount of principal and interest thereafter maturing in any operating year on the then outstanding Bonds and on the additional Bonds then being issued If the additional Bonds are to be issued in whole or in part for refunding outstanding 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 Bonds to be refunded from the proceeds of the additional 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 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 Bonds Determination by the Issuer as to existence of conditions permitting the issuance of additional Bonds shall be conclusive No additional 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 Account or the Redemption Account. 35419 Regular Meeting of November 14, 2005 (c) For refunding a part of the outstanding Bonds and paying costs of issuing such additional Bonds including deposits which may be required to be made to the Bond Reserve Account. No additional 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 23 Sale of Bonds The Mayor, City Clerk, Treasurer and Finance Director are each hereby authorized to negotiate a Bond Purchase Agreement with the Underwriter finalizing the details of each issue of the Bonds within the authorized parameters of this Ordinance and the Mayor, Finance Director, City Clerk, City Attorney and Treasurer are each authorized to do all other acts and take all other necessary procedures required to effectuate the sale, issuance and delivery of the Bonds, including, but not limited to executing a Sales Order (the "Sales Order") selling the Bonds to the Underwriter and approving the Bond Purchase Agreement, the Escrow Agreement and further exercising the authority and making the determinations pursuant to Section 315(1)(d) of Act 34, Public Acts of Michigan, 2001 , as amended ("Act 34"), including interest rates, prices, discounts, maturities, principal amounts, denominations, dates of issuance, interest payment dates, redemption rights and other matters for each issue of the Bonds within the parameters established by this Ordinance Section 24. Qualified Tax Exempt Obligations. The Issuer hereby designates each issue of the Bonds as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986, as amended (the "Code") Section 25 Tax Matters The Issuer shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on each issue of the Bonds from gross income for federal income tax purposes under the Code, including, but not limited to, actions relating to any required rebate of arbitrage earnings and the expenditures and investment of Bond proceeds and moneys deemed to be Bond proceeds Section 26 Disclosure The City covenants it shall comply with the requirements of Rule 15c2-12 of the Securities and Exchange Commission ("SEC") regarding continuing disclosure and agrees to file a Continuing Disclosure Undertaking as shall be approved by the Finance Director Section 27 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 35420 Regular Meeting of November 14, 2005 Section 28 Publication and Recordation This Ordinance shall be published in full in the Observer-Eccentric, a newspaper of general circulation in the City, qualified under State law to publish legal notices, promptly after its adoption, and shall be recorded in the Ordinance Book of the Issuer and such recording authenticated by the signatures of the Mayor and City Clerk. Section 29 Other Matters The Mayor, City Clerk, Finance Director, City Attorney and Treasurer are each authorized and directed to (a) approve the circulation of a preliminary official statement describing the Bonds and to deem the preliminary official statement "final" for purposes of Rule 15c2-12 of the SEC, (b) solicit bids for and approve the purchase of a municipal bond insurance policy for the Bonds, and (c) do all other acts and take all other necessary procedures required to effectuate the sale, issuance and delivery of both issues of the Bonds Section 30 Negotiated Sale The City Council has considered the option of selling both issues of the Bonds through a competitive sale and a negotiated sale, and, pursuant to the requirements of Act 34, hereby determines that a negotiated sale of both issues of the Bonds will result in the most efficient and expeditious means of selling both issues of the Bonds and will result in the lowest interest cost to the City Section 31 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 immediately be effective upon its adoption A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember McCann stepped down from the podium at 8.24 p m to avoid a perceived conflict of interest. Council Vice President Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 13 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 35421 Regular Meeting of November 14, 2005 SECTION 3 THERETO (Petition 2005-01-01-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS Robinson The President declared the foregoing Ordinance duly adopted, and would become effective on publication A revised site plan from John J Mahn, SEMCO, dated November 3, 2005, re including carports at all units of the Jamestowne Condominiums located at 27480 and 27486 Five Mile Road, was received and placed on file for the information of the Council (Petition 2005-07-08-14) On a motion by Meakin, seconded by Godfroid-Marecki, it was CR 538-05 RESOLVED, that having considered a communication from the City Planning Commission, dated October 18, 2005, which transmits its resolution 10-105-2005, adopted on October 11, 2005, with regard to Petition 2005-07-08-14 submitted by Southeastern Michigan Management Company, on behalf of James Towne Condominiums, requesting approval of the Master Deed, bylaws and site plan in connection with a proposal to Corrected by CR 170-06 construct a $itO/condominium development on properties located at 27480 adopted 4/12/06 Meeting and 27486 Five Mile Road, on the north side of Five Mile Road, between Inkster Road and Foch Avenue in the Southeast 1/4 of Section 13, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-07-08-14 is hereby approved and granted, subject to the following conditions 1 That the Master Deed and bylaws complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01- 20 06 of Zoning Ordinance #543, except for the fact the following shall be incorporated • That the first floor of the building shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on the second story shall not be less than 65%, 35422 Regular Meeting of November 14, 2005 • That all exterior chimneys shall be brick, • That the brick used in the construction shall be full-face four (4) inch brick, 2 In the event of a conflict between the provisions set forth in the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements, 3 That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia, 4 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City Corrected by CR 170-06 prior to the issuance of engineering permits for this NW adopted at 4/26/06 meeting condominium development; 5 That the Site Plan marked Sheet 1 dated November 3, 2005, as revised, prepared by Arpee/Donnan, is hereby approved and shall be adhered to, 6 That the Landscape Plan marked LP-1 dated September 2, 2005, as revised, prepared by Nagy & Associates, is hereby approved and shall be adhered to, 7 That the Elevation Plans, dated June 27, 2005, prepared by R. G Myers and Associates, Inc , Architect, are hereby approved and shall be adhered to, 8 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 9 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 35423 Regular Meeting of November 14, 2005 10 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 11 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 12 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated August 9, 2005, 13 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient building setback and any conditions related thereto, and 14 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS Robinson The President declared the resolution duly adopted Councilmember McCann returned to the podium at 8 29 p m On a motion by Meakin, seconded by Kokenakes, it was RESOLVED, that having considered a communication from the City Assessor, dated October 10, 2005, approved for submission by the Mayor, with regard to a request from Almerico Filangi, 6985 Riverside Drive, Dearborn, Michigan 48127, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-046-99-0067-001 into two parcels, the legal description(s) of which shall read as follows PARCEL A More particularly described as being the North 1/2 of the West 170 feet of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northwest '/4 35424 Regular Meeting of November 14, 2005 of the Northwest IA of Section 12, Town 1 South, Range 9 East, excluding the East 160 00 feet thereof, also excluding the Westerly 25 00 feet taken for the public street right-of-way PARCEL B More particularly described as being the South 1/2 of the West 170 00 feet of the North '/2 of the Northwest 1/4 of the Southeast 1/4 of the Northwest '/ of the Northwest I/4 of Section 12, Town 1 South, Range 9 East, excluding the East 160 00 feet thereof, also excluding the Westerly 25 00 feet taken for the public street right-of-way as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, THE COUNCIL DOES HEREBY WAIVE THE MINIMUM LOT AREA REQUIREMENTS SET FORTH IN ZONING ORDINANCE NO 543, AS AMENDED, WITH RESPECT TO THIS PROPERTY DIVISION, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann NAYS Knapp, Robinson and Taylor The President declared the resolution denied due to the lack of five (5) concurring votes A motion by Meakin, seconded by Godfroid-Marecki, was made to reconsider the prior action with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS Knapp and Robinson On a motion by McCann, seconded by Meakin, it was CR 539-05 RESOLVED, that having considered a communication from the City Assessor, dated October 10, 2005, approved for submission by the Mayor, with regard to a request from Almerico Filangi, 6985 Riverside Drive, Dearborn, Michigan 48127, to divide Tax Item No 46-046-99-0067- 001 into two parcels, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation 35425 Regular Meeting of November 14, 2005 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS Knapp and Robinson The President declared the resolution duly adopted Councilmember Knapp left the podium at 8 35 p m to avoid a perceived conflict of interest On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 540-05 RESOLVED, that Sarah Estates, LLC, as proprietor, having requested the City Council approve the proposed Sarah Estates Site Condominium Development, located on the south side of Eight Mile Road between Gill Road and Ellen Drive in the Northwest 1/4 of Section 4 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the site plan for the Condominium was given by the City Planning Commission on May 18, 2004, and by the City Council on June 16, 2004, and it further appearing the 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 October 10, 2005, and the City Council having approved the Master Deed on June 16, 2004, in Council Resolution 274-04, therefore, the City Council does hereby establish the following requirements (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, 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, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein 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, 35426 Regular Meeting of November 14, 2005 (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 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 final approval of the Master Deed prior to the completion of all 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 $708,000 00, of which at least $ 10,000 00 shall be in cash (b) Sidewalk Bond $53,000 00, of which at least $ 5,000 00 shall be in cash (c) Grade & Soil Erosion Control Bond $ 9,000 00 (all cash) (d) Landscape/Entrance Markers $ 3,500 00, of which at least $ 1,000 00 shall be in cash and require cash payments in addition to the above amounts, in the total amount of $94,200 00 (6) That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and (7) That the distribution lines for telephones and electric service are to be placed underground and ornamental streetlights are to be provided throughout the Condominium in accordance with City ordinances 35427 Regular Meeting of November 14, 2005 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the resolution duly adopted Councilmember Knapp returned to the podium at 8 36 p m On a motion by Meakin, seconded by Knapp, it was CR 541-05 RESOLVED, that having considered a communication from the City Planning Commission, dated October 18, 2005, which transmits its resolution 10-103-2005, adopted on October 11, 2005, with regard to Petition 2005-09-SN-08, submitted by Intercity Neon, on behalf of Coldwater Creek, requesting approval for signage for one of the units of the Laurel Park Place Mall located at 37700 Six Mile Road, on the north side of Six Mile Road, between Newburgh Road and Laurel Park Drive in the Southeast 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-09-SN-08 is hereby approved and granted, subject to the following conditions 1 That the Sign Package submitted by Intercity Neon, as received by the Planning Commission on September 15, 2005, is hereby approved and shall be adhered to, 2 That no LED lightband or exposed neon shall be permitted on this unit including, but not limited to, the building or around the windows, 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 4 That all signage shall not be illuminated beyond one (1) hour after this business closes, 5 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for 35428 Regular Meeting of November 14, 2005 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, Robinson and Taylor NAYS McCann The President declared the resolution duly adopted On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 542-05 RESOLVED, that having considered a communication from the Hearing Officer, dated August 29, 2005, submitted by the Director of Inspection and approved for submission by the Mayor, with regard to a request to demolish a house located at 27933 Long, Livonia, Michigan, the legal description of which is as follows Lot 374 and the west 20 feet of Lot 375, the Argonne Subdivision, as recorded in Liber 40, Page 5 of Plats, Wayne County Records (Commonly known as 27933 Long, Livonia, Michigan, Tax ID No 46-001-04-0374-001) and the Council having conducted a public hearing with regard to this matter on October 19, 2005, and based upon the testimony and evidence presented, and having reviewed the file and the Order for Demolition of the Hearing Officer, the Council does hereby determine, in accordance with the provisions set forth in Section 15 52 150 of the Livonia Code of Ordinances, as amended, to concur in and approve the Order of Demolition of the Hearing Officer; FURTHER, the owner(s) of the structure in question are hereby requested to demolish the same on or before December 18, 2005, or in lieu thereof upon the expiration of the 20- day period prescribed by City Ordinance, the Engineering Division is hereby authorized to do all things necessary to accomplish the demolition of the said structure in accordance with provisions of City Ordinance and law, the cost of which is to be borne by the owner(s) of the said property in accordance with Section 15 52 180 of the Livonia Code of Ordinances On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 543-05 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 27, 2005, which bears the signature of the Director of Finance and is approved for 35429 Regular Meeting of November 14, 2005 submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amount of $7,048 00 from the sources indicated therein, FURTHER, the Council does hereby appropriate and credit the amounts of $2,048 00 to Account No 702-285-125 (Recreation Miscellaneous) and $5,000 00 to Account No 508-000-698-000 (Golf Course Miscellaneous Revenue) for the purposes as designated by the donors During the audience communication portion of the agenda at the end of the meeting, Glenn Moon, 34461 Wood Drive, Livonia, addressed the issue of excessive noise produced by auto sound systems, and he suggested ways the City could deal with this issue On a motion by McCann, seconded by Robinson, and unanimously adopted, this 1,548th Regular Meeting of the Council of the City of Livonia was adjourned at 8 50 p m , November 14, 2005 C °fid E, �'/�t k+ t Val Vandersloot, City Clerk ,44--