HomeMy WebLinkAboutCOUNCIL MINUTES 1975-09-10 15170
MINUTES OF THE EIGHT HUNDRED AND SEVENTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 10, 1975, the above meeting was held at the City Hall, 33001
Five Mile Road, Livonia, Michigan, and was called to order by the President of the
Council at approximately 8 05 P. M . Councilman Ventura delivered the invocation.
Roll was called with the following result. Present--Robert F. Nash, Robert R Bisho;
Peter A. Ventura, Jerry Raymond, Robert E. McCann and Robert D. Bennett. Absent--
None.
Elected and appointed officials present. Addison W. Bacon, City Clerk,
Harry C. Tatigian, City Attorney, Jack Dodge, Finance Director, Robert E. Osborn,
Director of Public Works, H. Patrick O'Neill, Director of Civil Defense, Michael
McGee, Administrative Assistant to the Mayor, John Nagy, City Planner, G. E Siemert,
City Engineer, Ronald Mardiros, City Assessor, John T. Dufour, Superintendent of
Parks and Recreation, Robert Turner, Police Chief, and Russell A. Gronevelt, Super-
intendent of Operations Division.
By Councilman Ventura, seconded by Councilman Bishop, and unanimously
adopted, it was
4736-75 RESOLVED, that the minutes of the 816th regular meeting of the
Council of the City of Livonia, held August 20, 1975, are hereby approved.
The Mid-year Report on the Whispering Willows Golf Course, transmitted by
the Parks and Recreation Superintendent under date of August 8, 1975, was received
and filed for the information of the Council.
Councilman Ventura took from the table for second reading and adoption
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
(Petition No. 75-4-3-4)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash
NAYS None.
15171
L The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Ventura, seconded by Councilman McCann, it was
0737-75 RESOLVED, that having considered a communication from the Water
and Sewer Board dated August 11, 1975, which bears the signature of the
Finance Director, is approved for submission by the Mayor, and which
transmits its Resolution No WS 2030 7/75, the Council does hereby deter-
mine to accept the bid of Clow Corporation, 1050 E. Irving Park Road,
Bensenville, Illinois, 60106 for supplying the City (Water and Sewer) with
the following items:
40, More or Less F-1202 6" Ductile Repair Sleeves $53.10 ea.
10, More or Less F-1202 6" Ductile Repair Sleeves w 3/4 Tap 56.25 ea.
40, More or Less F-1202 8" Ductile Repair Sleeves 69.29 ea.
10, More or Less F-1202 8" Ductile Repair Sleeves w 3/4 Tap 69.98 ea
the same having been in fact the lowest and only bid received and meets
specifications for this item.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
LNAYS. None.
By Councilman Bishop, seconded by Councilman Ventura, it was
0738-75 RESOLVED, that having considered a communication from the Water
and Sewer Board dated August 11, 1975, which bears the signature of the
Finance Director, is approved for submission by the Mayor, and which
transmits its Resolution No. WS 2032 7/75, the Council does hereby deter-
mine to accept the bids for Water Meters and Meter Reading Devices in the
following manner
Item Bidder
1. METERS WITH REMOTE READING DEVICE
Compound Meters (With Remote
Reading Device & C.I. Flanges )
Size Bid Price Rockwell Int. Corp.
2" $ 398.00 340 Shore Drive
3" 575.00 P. O. Box 38
4" 975 00 Hinsdale, Illinois 60521
6" 1,935 00
L8" 3,325 00
15172
2. FULL FLOW METERS Bidder
(With Compound by-pass meter
including Remote Reading Device
and 25 feet of wire)
Size Bid Price *
4" $1,523.00 Hersey Products
6" 2,555 00 250 Elm Street
8" 3,710.00 Dedham, Massachusetts 02026
10" 5,809.00
* +.10 p/ft additional cable
3. DETECTOR CHECK (With by-pass meter
with Remote Reader, including ten
foot of cable plus cost per foot of
additional cable)
Size Bid. Price Hersey Products
3" x 5/8" T-447.00 250 Elm Street
4" x 5/8" 528.00 Dedham, Massachusetts 02026
4" x 597 00
6" x 5/8" 723.00
6" x 1 1/2" 916.00
8" x 1" 1,203.00
8" x 1 1/2"
1,323.00
8" x 2"
1,450.00
10" x 1"
2,147.00
10" x 2" 2,340.00
10" x 12" x 2" 2,565.00
* +.10 p/ft additional cable
the foregoing having been in fact the lowest bids received which meet all
specifications, and the Council does further determine to reject bids
received for Magnetic-Drive Type (With Conn. ) Meters with Remote Reading
Devices and New Meters with Remote Reading Devices for the reasons
indicated by the Public Utility Manager.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and. Nash.
NAYS None.
By Councilman Raymond, seconded by Councilman Brown, it was
#739-75 RESOLVED, that having considered a communication from the Water
and Sewer Board dated August 11, 1975, which bears the signature of the
Finance Director, is approved for submission by the Mayor, and which
transmits its Resolution No. WS 2028 6/75, the Council does hereby deter-
mine to accept the bids received for modernizing old water meters in the
following manner.
15173
Item Bidder
1. MODERNIZING OLD METERS AND Rockwell Int. Corp.
INSTALLING READ-O-MATIC 340 Shore Drive
P. 0. Box 38
Size Bid Price Hinsdale, Ill. 60521
5/8" $ 34.20
2. RE-MACHINING BADGER COMPOUND
METER VALVE CAGES
Size Bid Price Badger Meter Inc.
2" $ 51.88 4545 W Brown Deer Rd.
3" 95.48 Milwaukee, Wisconsin 53223
4" 95 48
6" 156 36
8" 301 63
3. REPLACEMENT OF BADGER COMPOUND
METER VALVE CAGES NHERE RE-
MACHINING IS NOT POSSIBLE
SizeBid Price Badger Meter Inc.
2T_
$ 143.00 4545 W. Brown Deer Rd.
3" 237 60 Milwaukee, Wisconsin 53223
4" 277.20
6" 462.00
8" 869.00
the foregoing having been in fact the lowest bids received which meet all
specifications, and further, the Council does hereby determine to reject
all bids received for modernizing old meters for the reasons indicated by
the Public Utility Manager.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Raymond, Brown, McCann, Bennett,Bishop and Nash.
NAYS. None.
By Councilman Brown, seconded by Councilman McCann, it was
4740-75 RESOLVED, that having considered the communication from the Water
and Sewer Board dated August 11, 1975, which bears the signature of the
Finance Director, is approved for submission by the Mayor, and which
transmits its Resolution No. WS 2031 7/75, the Council does hereby deter-
mine to accept the bids received for supplying the City (Water and Sewer)
with Miscellaneous Sewer Supplies in the following manner
Bidder Total Bid
Larson Company, 12844 Greenfield, Detroit, Michigan $2,180.25
National Concrete Products Company, 929 S. Mill St ,
Plymouth, Michigan 48170 3,896.66
the foregoing having been in fact the lowest bids received for these items
and meets all specifications.
15174
L A roll call vote was taken on the foregoing resolution with the following result
AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and. Nash
NAYS None.
By Councilman Bennett, seconded by Councilman Raymond, and, unanimously
adopted, it was
4141-75 RESOLVED, that having considered a communication from the Water
and Sewer Board dated August 11, 1975, which bears the signature of the
Finance Director, is approved for submission by the Mayor, and which
transmits its Resolution No. WS 2036 8/75, the Council does hereby deter-
mine to reject all bids received for Water Main Cleaning and. Cement Mortar
Lining of cast iron water mains, the action taken herein being for the
reasons indicated in the aforesaid communication.
By Councilman Brown, seconded by Councilman McCann, it was
4142-75 RESOLVED, that having considered a communication from the Water
and. Sewer Board dated. August 11, 1975, which bears the signature of the
Finance Director, is approved for submission by the Mayor, and which
transmits its Resolution No. WS 2037 8/75, the Council does hereby deter-
mine to accept the Unit Price Bid of the Boam Company, 20523 Merriman Road,
Livonia, Michigan for the construction of 1975 Miscellaneous Water Main
Highway Crossings at thirteen (13) locations (Contract No. 75-F) in accord-
ance with plans and specifications as prepared by the Engineering Division
for the estimated total cost of $121,596.75, based on the Engineering
Division's estimate of units of work involved and, subject to the Final
Payment based on the actual units of work as constructed in accordance with
the unit prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this item, and the Director of
Public Works is hereby authorized to approve all minor adjustments in the
work as constructed, and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with the afore-
said bidder and to do all other things necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash
NAYS None.
By Councilman McCann, seconded by Councilman Raymond, it was
4743-75 RESOLVED, that having considered a communication from the City
Treasurer dated August 12, 1975, the Council does hereby determine to
Lauthorize the transfer of the sum of $565.00 from the Office Supply Account,
No. 253-728 to the Printing Account, No. 253-904 in order to provide the
funds required to print a business directory.
15175
A roll call vote was taken on the foregoing resolution with the following result
LAYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS. None.
By Councilman Bishop, seconded by Councilman Bennett, it was
#744-75 RESOLVED, that having considered a communication from the Super-
intendent of Operations dated August 4, 1975, approved by the Director of
Public Works and the Director of Finance, and approved for submission by
the Mayor, the Council does hereby determine to authorize the transfer of
the sum of $2,310.00 from the Equipment Maintenance Supplies Account, No.
446-775 to the Safety Equipment Account, No. 101-444-770.000.000 for the
purpose of purchasing the following items
Item Estimated Cost
1. One (1) Steel Roll-Up Overhead Door $1,120.00
2 Twelve (12) A.B.C. Fire Extinguishers 720.00
3. Two (2) Portable Safety Welding Screens 250.00
4. Fire Hose and Storage Rack 220.00
LTOTAL $2,310.00.
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS None.
By Councilman Ventura, seconded by Councilman McCann, it was
4745-75 RESOLVED, that having considered a communication dated August 4,
1975 from the City Planning Commission, which transmits its Resolution
No. 7-147-75 adopted on July 15, 1975, with regard to Petition No.
75-6-2-14, submitted by Sanford D. Schaefer for Red Barns of Michigan, Inc.
requesting permission to add to the seating capacity of the existing
restaurant on property zoned C-2, and located on the south side of Plymouth
Road, west of Middlebelt Road within the Wonderland Shopping Center in the
Northeast 1/4 of Section 35, the Council does hereby determine to concur
in the recommendation made by the City Planning Commission and Petition No.
75-6-2-14 is hereby approved and granted, such action to be based upon the
same condition as is set forth in the aforesaid recommendation of the
Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result
LAYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash
NAYS None.
15176
By Councilman Bennett, seconded by Councilman Bishop, it was
t74675 RESOLVED, that having considered a communication dated August 11,
1975 from the City Planning Commission, which transmits its Resolution
No. 7-155-75 adopted on July 29, 1975, with regard to Petition No. 75-2-2-4,
submitted by Philip Gerard, requesting permission to construct and operate
a trailer sales facility proposed on property zoned C-2 and to be located
on the southeast corner of Schoolcraft and. Eckles Roads in the Southwest
1/4 of Section 19, the Council does hereby determine to concur in the
recommendation made by the City Planning Commission and Petition No.
75-2-2-4 is hereby approved and granted, such action to be based upon the
same conditions as are set forth in the aforesaid recommendation of the
Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS None.
At the direction of the Chair, the item on the agenda with respect to
Petition No. 74-3-2-6 from Frankel Associates for a Waiver Use Extension on property
located on south side of Six Mile Road between Newburgh and Farmington Roads in
Section 17, was removed and will be considered at the Study Session to be conducted
on September 29, 1975.
By Councilman Ventura, seconded by Councilman Raymond, it was
RESOLVED, that having considered a communication dated August 1,
1975 from the City Planning Commission, which transmits its Resolution No.
7-145-75, with regard to Petition No. 75-5-3-5, submitted by Joseph Sergi
for vacating a portion of a public alley located north of Joy Road, east
of Fremont Avenue, in the Southeast 1/4 of Section 35, City of Livonia,
Wayne County, Michigan, the Council does hereby determine to reject the
recommendation of the Planning Commission and to grant and approve the
said Petition No. 75-5-3-5, and the Department of Law is herd2yrequested
to prepare the necessary vacating ordinance in accordance with this
resolution.
By Councilman Bennett, seconded by Councilman Raymond, it was
*747-75 RESOLVED, that having considered a communication dated August 1,
1975 from the City Planning Commission, which transmits its Resolution No.
7-145-75, with regard to Petition No 75-5-3-5, submitted by Joseph Sergi
for vacating a portion of a public alley located north of Joy Road, east
of Fremont Avenue, in the Southeast 1/4 of Section 35, City of Livonia,
Wayne County, Michigan, the Council does hereby determine to refer this
matter to the Streets, Roads and Plats Committee for its report and recom-
mendation.
15177
L, A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Raymond, Brown, McCann, Bennett and. Nash.
NAYS. Bishop.
The President declared the resolution adopted.
By Councilman Bishop, seconded by Councilman McCann, it was
#748-75 RESOLVED, that having considered a communication from the City
Planning Commission dated. August 4, 1975, which sets forth its Resolution
No. 7-153-75, with regard to a request from Chatham Super Markets, Inc. ,
requesting an extension of the approval of Petition No. 74-5-8-19, relative
to site plan approval previously granted in Council Resolution No. 614-75
for construction of a shopping center on property located on the south
side of Five Mile Road between Newburgh Road and. Blue Skies in the North-
east 1/4 of Section 19, the Council does hereby determine to concur in the
recommendation of the Planning Commission and to grant the requested
extension for a one-year period.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and. Nash.
L NAYS- None.
By Councilman Ventura, seconded by Councilman McCann, it was
049-75 RESOLVED, that having considered a communication from the City
Planning Commission dated July 30, 1975, which transmits its Resolution No.
5-102-74 adopted on May 14, 1974, wherein the Commission did amend Part
V of the Master Plan of the City of Livonia, the Master School and. Park
Plan, so as to incorporate certain property located on the north side of
Seven Mile Road, east of Fitzgerald, in the South 1/2 of Section 5, being
Parcels 05G1a2a2, G2blb, 05H1a2, Hlb, H2alb, I, 05H2a2,H2b, 05G1a2al,
G2b16. .., the Council does hereby determine to acknowledge and certify the
receipt of such action.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS- None.
By Councilman McCann, seconded by Councilman Ventura, it was
#750-75 RESOLVED, that having considered a communication from the
Superintendent of Parks and Recreation dated August 7, 1975, approved by
L the Finance Director, and approved for submission by the Mayor, which
indicates that the Parks and Recreation Commission did on August 4, 1975
recommend renewal of the City' s contract with Recreation Dance Inc. for
an additional two-year period from September 1, 1975, through
September 30, 1977, which agreement would be on the same terms and condi-
tions as are contained in the present agreement with the following
exceptions
15178
Tuition Fees
1. Tuition fees for all students first enrolling in each group
instruction program shall be as follows
A. $1.50 per lesson for enrollment in the Beginner's
Group Dancing program. (Increase of .25¢)
B. $1.50 per lesson for re-enrollment in the program,
and for thirty (30) subsequent lessons following the
Beginner's Group courses. (Previous contract stated
any subsequent lessons
C. $1.75 per lesson for enrollment in the advance program.
the Council does hereby approve of the proposed Agreement by and between
the City and the aforesaid party in the manner herein submitted, and does
hereby authorize the Mayor and City Clerk to affix their signatures to
such agreement for and in behalf of the City of Livonia and to do all
things necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS• None.
By Councilman McCann, seconded by Councilman Brown, it was
#751-75 RESOLVED, that having considered a communication from the Super-
intendent of Parks and Recreation dated August 7, 1975, approved by the
Finance Director, and approved for submission by the Mayor, with regard to
establishing fees for Drop-in Hockey and Figure Skating Practice for the
period August 18, 1975 through September 5, 1975, as follows•
12.00 - 2-00 p. m. - Drop-in Hockey, Fee is $1.00 per person
9 - 12 yrs. of age, Tuesdays and Thursdays
1 and up, Mondays, Wednesdays and Fridays
2 00 - 3.30 p. m.- Figure Skating practice, Fee is $1.00
Tuesdays and Thursdays
2.00 - 3 30 p. m. - General Public Skating
the Council does hereby determine to concur in and approve of such action.
A roll call vote was taken on the foregoing resolution with the following result
AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS None.
15179
By Councilman McCann, seconded by Councilman Bishop, and unanimously
adopted, it was
#752-75 RESOLVED, that having considered a communication from the Super-
intendent of Parks and Recreation dated August 6, 1975, approved by the
Finance Director, and approved for submission by the Mayor, wherein it is
recommended that two (2) tennis courts be constructed at Algonquin Park,
the estimated cost of which is $20,000, the Council does hereby determine
to refer the same to the Capital Improvement Committee for its report and
recommendation.
By Councilman McCann, seconded by Councilman Brown, it was
#753-75 RESOLVED, that having considered a communication from the Super-
intendent of Parks and Recreation dated August 7, 1975, approved by the
Finance Director, and approved for submission by the Mayor, which indicates
that the Moondusters Club did donate to the City materials and labor
estimated to be in the amount of $1,500.00 for the installation of four
(4) 36-inch window exhaust fans at the Senior Citizens Center, the Council
does hereby determine to accept the same in behalf of the City of Livonia,
as well as to express its sincere appreciation and thanks to the Moon-
dusters Club for this generous civic gesture.
A roll call vote was taken on the foregoing resolution with the following result
AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS None.
Councilman Ventura gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition No 75-3-3-3)
The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and
is the same as if word for word repeated herein
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Raymond gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
(Petition No 75-3-3-2)
The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and
is the same as if word for word repeated herein
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
15180
By Councilman Brown, seconded by Councilman Raymond, and unanimously
adopted, it was
#754-75 RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended,
the City Zoning Act (MSA 5 2934, MCLA 125.584), as well as Article XXIII
of Ordinance No. 543, as amended, the Zoning Ordinance of the City of
Livonia, the Council does hereby determine that a Public Hearing will take
place before the City Council of the City of Livonia on Monday, October 20,
1975 at 8 00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan, with respect to the following items •
1. Petition No. 75-6-1-18 submitted by Donald B. Severance
for Nellie C. Esch for a change of zoning of property
located on the south side of Seven Mile Road, east of
Haggerty Road in the Northwest 1/4 of Section 7, from
P.L. to C-2 and C-2 to P.L , the City Planning Com-
mission having in its Resolution No. 7-144-75 recom-
mended to the City Council that Petition No. 75-6-1-18
be approved,
2. Petition No. 75-6-1-19 submitted by Lawrence M. Coogan
and Joel P. Schaumberg for a change of zoning of property
located at the southeast corner of Middlebelt and Robert
Drive in the Northeast 1/4 of Section 35, from R-7 to P.S.,
the City Planning Commission having in its Resolution
No. 8-163-75 recommended to the City Council that Petition
No. 75-6-1-19 be approved,
further, the City Clerk is hereby requested to, no less than fifteen (15 )
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the
(1) nature of the proposed amendments to the Zoning
Ordinance, and
(b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public hearing,
cause to have notice to be given by registered mail to each public utility
company and to each railroad company owning or operating any public utility
or railroad within the districts or zones affected, and further, the City
Clerk is requested to do all other things necessary or incidental to the
full performance of this resolution
By Councilman Bennett, seconded by Councilman Ventura, and unanimously
adopted, it was
15181
#755-75 WHEREAS pursuant to the direction of the City Council in its
Resolution No. 388-75, adopted on May 7, 1975, and in accordance with
Section 2-511 of the Livonia Code of Ordinances, as amended, the City
Assessor of the City of Livonia has prepared, reported and certified to
the Council under date of August 27, 1975 an assessment roll dated August
27, 1975 for a 20-foot bituminous concrete surface over existing roadway,
road improvement in the Melody Manor Subdivision in Section 7, containing
the special assessments to be assessed and levied, respectively, in the
proposed special assessment district heretofore established forthe construc-
tion and operation of the proposed-improvement in said district as
designated in Council Resolution No. 388-75/
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council, that it is hereby ordered to be filed in the office
of the City Clerk for public examination, that the City Clerk be and
hereby is directed to give the notice required by the provisions of
Section 2-511 of the Livonia Code of Ordinances, as amended, to wit that
the assessment roll has been made and filed in the office of the City
Clerk for public examination and that the City Council of the City of
Livonia will meet in the City Hall in said City, 33001 Five Mile Road on
Monday, October 20, 1975 at 8:00 P. M. to review the said Special Assess-
ment Roll at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulat-
ed generally in and throughout the said City, at least ten (10) days prior
to the aforesaid date of October 20, 1975, the City Clerk is also directed
to give notice of said hearing by sending written notice thereof by first
class mail to each and every property owner in the proposed assessment
district as their respective names and addresses appear on the most current
assessment roll in the City Assessor's office.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#756-75 RESOLVED, that the Council does hereby establish the following
dates for the purpose of conducting regular meetings of the City Council
for the month of October, 1975,
Wednesday, October 8, 1975 and
Wednesday, October 22, 1975.
The communication dated August 22, 1975 from the Planning Commission,
regarding the Livonia Jaycees Rodeo, to be conducted on September 13 and 14, 1975,
CR-631-75, was received and filed for the information of the Council.
By Councilman Bennett, seconded by Councilman Raymond, it was
15182
#757-75 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated August 13, 1975, and submitted pursuant
to Council Resolution No. 671-75, with regard to a communication from the
Mayor dated July 21, 1975, and a communication from the Livonia Citizens
Advisory Committee dated May 23, 1975, which transmits proposed By-Laws
for the said Committee, the Council does hereby determine to formally
recognize the Livonia Citizens Advisory Committee as an established Ad Hoc
Committee to continue in existence for such period of time as the City
shall apply for Federal Funds under the Housing and Community Development
Act of 1974, further, the Council does hereby approve the proposed By-Laws
as submitted herein, and does also request that the said Committee provide
assistance to affected City personnel in the preparation of program guide-
lines each year for that year's funding.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Raymond, Bennett, Bishop and Nash.
NAYS• Brown and McCann
The President declared the resolution adopted
Councilman Bennett took from the table for second reading and adoption
the following Ordinance as revised by the Legislative Committee and having had its
Lfirst reading on May 21, 1975
AN ORDINANCE AMENDING SECTIONS
2-1502, 2-1503, 2-1507, 2-1508 AND
2-1510 OF TITLE 2, CHAPTER 15
(HUMAN RELATIONS COMMISSION) OF THE
LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result
AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash
NAYS None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Bennett, seconded by Councilman Bishop, and unanimously
adopted, it was
*758-75 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated August 13, 1975, and submitted pursuant
to Council Resolution No 488-75, with respect to a communication from
Clarence H. Burrows, 15737 Golfview, Livonia, Michigan 48154 dated May 19,
1975 with respect to fence locations on residential property, the Council
15183
does hereby request that the Department of Law prepare an amendment to
Section 5-1009(a) of the Livonia Code of Ordinances, as amended, (Fence
Ordinance), so as to delete therefrom any language presently contained
therein with respect to the height and location of fences on residential
properties, further, the Council does, pursuant to Section 23.01(a) of the
Zoning Ordinance, request that the City Planning Commission conduct a
public hearing and thereafter submit its report and recommendation concern-
ing a proposed amendment to Section 18.29 and 18.49 of the Zoning Ordinance,
respectively, as those sections relate to the location and height of
fences in residential districts, also, the Council requests that the Chief
Building Inspector submit his report and recommendation regarding construc-
tion requirements for fences prescribed in the Building Code and all other
applicable ordinances.
By Councilman Bennett, seconded by Councilman Ventura, and unanimously
adopted, it was
#759-75 RESOLVED, that having considered the report and recommendation
of the Legislative Committee dated August 13, 1975, submitted pursuant to
Council Resolution No. 184-75, with regard to a proposed amendment to the
R-7 District regulations which would increase minimum lot area require-
ments, the Council does hereby determine pursuant to Section 23.01(a) of
the Zoning Ordinance to request that the City Planning Commission conduct
a Public Hearing and thereafter submit its report and recommendation
concerning the aforesaid proposed amendment of R-7 District Regulations
By Councilman Brown, seconded by Councilman McCann, and unanimously
adopted, it was
#760-75 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
By Councilman Ventura, seconded by Councilman Raymond, it was
#761-75 RESOLVED, that having considered the report and recommendation
of the Superintendent of Operations dated August 29, 1975, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and is recommended and approved for submission by the Mayor,
the Council does hereby authorize the furnishing of all materials and
labor necessary to repair the steam boiler and pump located at Pierson
Center, 32625 West Seven Mile Road, for a price not to exceed $4,000.00
by Monarch Welding & Engineering, Inc., 23891 Dequindre, Hazel Park,
Michigan 48030 in accordance with Proposal No 1088 dated August 6, 1975,
the same having been in fact the lowest proposal received with respect to
this item, further, the Council does hereby determine to authorize the
said work without competitive bidding for the reasons indicated in the
aforesaid communication, such action being taken in accordance with provi-
sions set forth in Section 2-213(d)(4) of the Livonia Code of Ordinances
(Financial Ordinance), and the Council does hereby determine to authorize
the transfer of a sum not to exceed $4,000.00 from Account No 916-937 to
Account No. 447-811 for this purpose, and the Director of Public Works is
hereby authorized to approve all minor adjustments in the work as complet-
ed, and the Mayor and City Clerk are hereby authorized to execute a
contract for and on behalf of the City of Livonia with the aforesaid party
and to do all other things necessary or incidental to the full performance
of this resolution.
15181+
L A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS None.
By Councilman Ventura, seconded by Councilman Bishop, it was
4762-75 RESOLVED, that the Council does hereby determine to rescind
Council Resolution No. 672-74, adopted on August 21, 1974, relative to
Special Assessment Roll No. 141.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, *Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS None.
*Councilman Raymond made the following statement Icy 'aye' vote is cast
to rescind, because I do not believe that it ever took place.
By Councilman Bishop, seconded by Councilman McCann, it was
#763-75 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 141 for a 31-
foot wide deep strength asphalt pavement with concrete curbs and gutters
(Alternate II), or equivalent, in B E. Taylor's Green Acres Subdivision
in Section 23, City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having been held
thereon on Monday, July 22, 1974 at 8 00 p. m at the City Hall, 33001
Five Mile Road, Livonia, Michigan, and the City Council having duly met
and reviewed the special assessments levied on the Special Assessment Roll
as prepared by the City Assessor to cover the district portion of the
cost of street improvements to be constructed in Special Assessment
District No. 141, and
WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED THAT
(1) the City Council does hereby determine that the assessments
set forth in said Special Assessment Roll, dated May 7, 1974,
in the amount of $52,478 71, are fair and equitable and
based upon benefits to be derived by construction of
improvements proposed in said district, in accordance with
the plans of the City Engineer and resolutions of the City
Council,
(2) Said Special Assessment Roll No. 141 is hereby approved
and confirmed in all respects,
15185
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at a rate not to exceed
six percent (6%) per annum on the unpaid balance of the
assessment from sixty (60) days after December 1, 1975.
In such cases where the installments will be less than Ten
Dollars ($10.00) the number of installments shall be
reduced so that each installment shall be above and as near
Ten Dollars ($10 00) as possible. The first installment
shall be due and, payable December 1, 1975 and subsequent
installments on December 1st of succeeding years,
(4) Pursuant to the provisions of Section 2-513 of the Livonia
Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the assessment roll,
and the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish
notice as is required by Section 2-519 of the Livonia Code
of Ordinances, as amended, and mail assessment statements
to the respective property owners assessed in the manner
and substance as provided by said Section 2-519 Any
property owner may, within sixty days (60) from December 1,
1975 pay the whole or any part of the assessment without
interest or penalty,
(5) The first installment shall be spread upon the 1975 City
tax roll in the manner required by Section 2-521 of the
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from sixty (60) days
after December 1, 1975 and thereafter one (1) installment
shall be spread upon each annual tax roll together with (1)
one year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 2, Chapter 5 of
the Livonia Code of Ordinances, as amended, either within
the sixty (60) day period as provided by Section 2-520, or
after the expiration of the sixty (60) day period as provided
by Section 2-523 then there shall be spread upon the tax
roll for such year only the interest for all unpaid install-
ments,
(6) The City Council having determined to pay 38 percent (38%)
of the said improvement within the said district, which is
estimated to be in the amount of $19,941.91, the Council
does hereby appropriate and authorize the expenditure of
the sum of $19,941.91 from the $9.8 Million Street and Road
General Obligation Bond Issue for this purpose.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Ventura, Brown, McCann, Bennett, Bishop and Nash.
NAYS Raymond.
The President declared the resolution adopted
15186
The following preamble and resolution were offered by Councilman Ventura
and supported by Councilman McCann
#764-75 WHEREAS, Special Assessment Rolls, more particularly hereinafter
described, for the construction of street improvements in the City of
Livonia have been prepared, reviewed and confirmed by the City Council,
and
WHEREAS, the City Council deems it to the best interest to
borrow and issue bonds in anticipation of the collection of said special
assessments to defray part of the cost of said street improvements,
NOW, THEREFORE, BE IT RESOLVED THAT
1. The estimated period of usefulness of said public
improvements is not less than twenty (20) years.
2. Special Assessment Bonds be issued in the amount of
Seven Hundred Fifty Thousand ($750,000.00) Dollars in anticipation of the
collection of Eight Hundred Twenty-five Thousand Eight Hundred Thirteen
($825,813.00) Dollars of special assessments on the special assessment
rolls hereinafter in this Paragraph 2 set forth, the principal amount of
special assessment for each roll pledged for the payment of said bonds to
be as follows for the following districts
Special Assessment District No. 118 $ 6,610
Special Assessment District No 121 15,504
Special Assessment District No. 123 16,997
Special Assessment District No 124 48,689
Special Assessment District No. 125 60,413
Special Assessment District No. 126 14,944
Special Assessment District No 129 32,354
Special Assessment District No. 132 61,607
Special Assessment District No 134 24,504
Special Assessment District No. 136 48,269
Special Assessment District No. 138 11,686
Special Assessment District No. 139 59,781
Special Assessment District No. 140 342,653
Special Assessment District No. 141 52,478
Special Assessment District No. 142 6,865
Special Assessment District No. 145 22,459
In addition to the special assessments as aforesaid, the full faith,
credit and resources of the City of Livonia shall be pledged for the
prompt payment of the principal and interest on said bonds as the same
become due. The bonds shall consist of one hundred fifty (150) bonds of
the denomination of $5,000 00 each, numbered consecutively in direct order
of maturity from 1 to 150, inclusive, dated October 1, 1975, and payable
serially, without option of prior redemption, as follows
$ 50,000.00 February 1, 1976,
$ 75,000.00 February 1st of each year from
1977 to 1980, inclusive,
$ 100,000.00 February 1, 1981,
$ 75,000.00 February 1st of each year from
1982 to 1985, inclusive.
15187
Said bonds shall be designated 1975 SPECIAL ASSESSMENT BONDS.
Said bonds may be registered as to principal only, in the
manner and with the effect set forth on the face thereof, as hereinafter
provided.
3. The bonds authorized by the provisions of this Resolution
shall bear interest at a rate or rates not exceeding eight per cent (8%)
per annum, payable on February 1, 1976, and semi-annually thereafter on
August 1st and February 1st of each year. Both principal and interest on
said bonds shall be payable at a bank or trust company qualified to act as
paying agentdesignated by the purchaser of the bonds, with the approval
of the City Clerk. The liability of each special assessment district shall
be limited to the principal amount set forth above and interest thereon.
Interest on said bonds from October 1, 1975 to December 1, 1975 shall be
capitalized and paid from the proceeds of the bonds.
4. The bonds shall be signed in the name of the City by the
Mayor and countersigned by the City Clerk and the City Treasurer and shall
bear the City seal, and the interest coupons annexed thereto shall bear
the facsimile signatures of the Mayor and City Treasurer. The bonds, when
executed, shall be delivered to the Treasurer and be delivered by him to
the purchaser thereof upon payment of the purchase price thereof in accord-
ance with the bid therefor, when accepted.
5. There shall be established and maintained a fund to be
designated "1975 Special Assessment Bonds Debt Retirement Fund". Into
said fund there shall be placed the accrued interest and premium, if any,
received at the time of delivery of the bonds, plus a sum from the proceeds
of the bonds, which, taken together with said accrued interest and premium
will be sufficient to pay interest on the bonds from October 1, 1975 to
December 1, 1975.
All collections of principal and interest on the aforesaid
special assessment rolls shall be placed in said fund for the sole purpose
of retiring when due the principal of and interest on said special assess-
ment bonds. In addition, the City shall levy annually, without limitation
as to rate or amount, as part of its general ad valorem taxes, such sums
as may be necessary to retire when due the principal of and interest on
said special assessment bonds should collections of the special assessments
pledged for that purpose prove insufficient.
5. Said bonds and the attached coupons shall be in substantial-
ly the following form
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1975 SPECIAL ASSESSMENT BOND
No. $5,000 00
15188
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA,
County of Wayne, State of Michigan, acknowledges itself to owe and for
value received hereby promises to pay to the bearer, or if registered, to
the registered holder hereof the sum of
FIVE THOUSAND DOLLARS
lawful money of the United States of America, on the first day of
February, A D., 19 _, with interest thereon from the date hereof until
paid at the rate of per cent ( %) per annum,
payable on February 1, 1976, and semi-annually thereafter on the first day
of August and February of each year upon presentation and surrender of the
annexed interest coupons as they severally become due. Both principal of
and interest on the bonds are payable at the principal office of
, and for the prompt payment of this bond, both
principal and interest, the full faith and credit of the City of Livonia
is hereby irrevocably pledged.
This bond is one of a series of one hundred fifty (150) bonds
of even date and like tenor, except as to rate of interest and date of
maturity, aggregating the prinicpal sum of $750,000, issued in anticipa-
tion of the collection of special assessments in certain Special Assess-
ment Districts in the City, for the purpose of constructing street improve-
ments, and is issued in accordance with the City Charter and with a duly
adopted resolution of the City Council of the City of Livonia.
Bonds of this issue shall not be subject to redemption prior
to maturity
This bond is payable out of special assessments to be collected
on special assessment rolls numbered in accordance with the above districts
or in the case of insufficiency of said special assessments out of the
general funds of the City. The liability of each special assessment
district shall be limited to payment of the amounts and interest thereon
as set forth in the bond resolution 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, exist and have happened in regular and due time and form
as required by law, and that the total indebtedness of said City, including
this bond, does not exceed any constitutional, statutory or charter debt
limitation.
This bond may be registered as to principal only on the books of
the paying agent in the name of the holder and said registration noted on
the back hereof by said paying agent, after which no transfer shall be
valid unless made on the books and noted hereon in like manner, but
transferability by delivery may be restored by registration to bearer
Such registration shall not affect the negotiability of the interest
coupons.
IN WITNESS WHEREOF, the CITY OF LIVONIA, County of Wayne, State
of Michigan, by its City Council, has caused this bond to be signed by its
Mayor and to be countersigned by its City Clerk and City Treasurer and its
corporate seal to be hereunto affixed, and has caused the annexed interest
coupons to be executed with the facsimile signatures of its Mayor and City
Treasurer, all as of the first day of October, A. D.,1975.
15189
CITY OF LIVONIA
BY
Mayor
(SEAL)
Countersigned
City Clerk
City Treasurer
REGISTRATION
NOTHING TO BE WRITTEN HEREON EXCEPT BY
THE PAYING AGENT
Date of Registration Name of Registered Holder • Registrar
(Form of Coupon)
No.
On the first day of , A.D., 19 , the
CITY OF LIVONIA, County of Wayne, State of Michigan, will pay to
the bearer hereof, the sum shown hereon at
being the interest due that date on its 1975
Special Assessment Bond, dated October 1, 1975.
Mayor
City Treasurer
6. The City Clerk shall make application to the Municipal
Finance Commission for an order granting permission for the issuance of
said bonds and approval of the form of notice of sale, and upon receipt of
such approval, the City Clerk shall cause notice of sale of said bonds to
be published in The Bond Buyer, New York, New York, and in the Observer-
Eccentric, a newspaper circulated in the City of Livonia, Michigan, at
least seven (7) full days before the date fixed for sale of said bonds,
which notice of sale shall be in substantially the following form•
15190
OFFICIAL NOTICE OF SALE
S750,000 00
CITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
1975 SPECIAL ASSESSMENT BONDS
SEALED BIDS for the purchase of the above bonds will be received by the
undersigned at the City Hall located at 33001 Five Mile Road, Livonia,
Michigan 48154, on , the day of
19 , until o'clock .m. , Eastern Time, at
which time and place said bids will be publicly opened and read.
BOND DETAILS. Said bonds will be coupon bonds, registrable as to
principal only, of the denomination of $5,000.00 each, dated October 1,
1975, numbered in direct order of maturity from 1 upwards and will bear
interest from their date payable on February 1, 1976, and semi-annually
thereafter.
Said bonds will mature on the 1st day of February, as follows
$ 50,000.00 1976,
$ 75,000.00 1977 to 1980, inclusive,
$100,000.00 1981,
$ 75,000.00 1982 to 1985, inclusive,
PRIOR REDEMPTION: Bonds of this issue are not subject to prior redemption
INTEREST RATE AND BIDDING DETAILS The bonds shall bear interest at a
rate or rates not exceeding 8% per annum, to be fixed by the bids therefor,
expressed in multiples of 1/8 of 1/20 of 1%, or both. The interest on any
one bond shall be at one rate only, all bonds maturing in any one year
must carry the same interest rate and each coupon period shall be represent
ed by one interest coupon. The difference between the highest and lowest
interest rate on the bonds shall not exceed two (2%) per cent per annum.
No proposal for the purchase of less than all of the bonds or at a price
less than 100% of their par value will be considered.
PAYING AGENT: Both principal and interest shall be payable at a bank or
trust company located in Michigan qualified to act as paying agent under
State or United States law, to be designated by the original purchaser of
the bonds, who may also designate a co-paying agent, which may be located
outside of Michigan, qualified to act as paying agent under the law of
the State in which located or of the United States, both of which shall
be subject to approval of the undersigned.
PURPOSE AND SECURITY: The bonds are issued in anticipation of the collec-
tion of special assessments for street improvements in certain special
assessment districts in said City, as set forth in the bond authorizing
resolution. The special assessments and interest thereon are sufficient
15191
to pay the principal and interest on the bonds as when due The liability
of each special assessment district is limited as set forth in the bond
authorizing resolution. The bonds will pledge the full faith and credit of
the City of Livonia as additional security for payment of the principal and
interest thereon.
GOOD FAITH. A certified or cashier's check in the amount of $15,000 00,
drawn upon an incorporated bank or trust company and payable to the order
of the Treasurer of the City must accompany each bid as guarantee of good
faith on the part of the bidder, to be forfeited as liquidated damages if
such bid be accepted and the bidder fails to take up and pay for the bonds
No interest shall be allowed on the good faith checks and checks of the
unsuccessful bidders will be promptly returned to each bidder's representa-
tive or by registered mail
AWARD OF BONDS The bonds will be awarded to the bidder whose bid pro-
duces the lowest interest cost, computed by determining, at the rate or
rates specified in the bid, the total dollar value of all interest on the
bonds from , 19 to their maturity and deducting
therefrom any premium.
LEGAL OPINION Bids shall be conditioned upon the unqualified approving
opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit,
Michigan, a copy of which opinion will be printed on the reverse side of
each bond, and the original of which will be furnished without expense to
the purchaser of the bonds at the delivery thereof
DELIVERY OF BONDS The City will furnish bonds ready for execution at its
expense Bonds will be delivered without expense to the purchaser at
Detroit, Michigan, Chicago, Illinois or New York, New York. The usual
closing documents, including a certificate that no litigation is pending
affecting the issuance of the bonds, will be delivered at the time of the
delivery of the bonds. If the bonds are not tendered for delivery by
twelve o'clock noon, Eastern Time, on the 45th day following the
date of sale, or the first business day thereafter if said 45th day is not
a business day, the successful bidder may on that day, or any time there-
after until delivery of the bonds, withdraw his proposal by serving notice
of cancellation, in writing, on the undersigned in which event the City
shall promptly return the good faith deposit. Payment for the bonds shall
be made in Federal Reserve Funds Accrued interest to the date of delivery
of the bonds shall be paid by the purchaser at the time of delivery.
CUSIP NUMBERS: CUSIP numbers will be applied for at the issuers expense.
Improper imprintation of or failure to imprint CUSIP numbers shall not
constitute grounds for refusal to receive delivery of the bonds
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS
ENVELOPES containing the bids shall be plainly marked "Proposal for
Special Assessment Bonds. "
APPROVED.
STATE OF MICHIGAN Clerk, City of Livonia
MUNICIPAL FINANCE COMMISSION
15192
7. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this Resolution be and the same hereby
are rescinded.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS. None.
By Councilman Raymond, seconded by Councilman Ventura, it was
#765-75 WHEREAS, by resolution adopted March 11, 19674284-67, aSAMOided,
City Council did authorize issuance and sale of City of Livonia, Michigan,
Industrial Development Revenue Bonds (Allied Supermarkets, Inc. ) Series
A, in the amount of Thirty-Three Million ($33,000,000 00) Dollars, and
WHEREAS, by resolution adopted by the City Council on June 28,
1967, No. 6S6,=-67, the City Council did approve and authorize the execution
of a certain mortgage and indenture of trust to secure said bonds; and
WHEREAS, said bonds have been issued, sold and delivered, to
the purchaser thereof, and
WHEREAS, Section 209of said mortgage and indenture of trust
provides as follows:
"Section 209. Mutilated, Lost, Stolen or Destroyed Bonds or
Coupons. In the event any Bond is mutilated, lost, stolen or
destroyed, the City may execute and the Trustee may authenticate
a new bond of like date, number, maturity and denomination as
that mutilated, lost, stolen or destroyed, which new bond shall
have attached thereto coupons corresponding in all respect to
those (if any) on the Bond mutilated, lost, stolen or destroyed,
provided that, in the case of any mutilated Bond, such mutilated
Bond together with all coupons (if any) appertaining thereto
shall first be surrendered to the City, and in the case of any
lost, stolen or destroyed. Bond, there shall be first furnished
to the City and the Trustee evidence of such loss, theft, or
destruction satisfactory to the City and the Trustee, together
with indemnity satisfactory to them In the event any such Bond
or coupon shall have matured, instead of issuing a duplicate
Bond or coupon the City may pay the same without surrender
thereof. The City and the Trustee may charge the holder or
owner of such Bond with their reasonable fees and expenses in
this connection. The foregoing provisions shall be exclusive,
notwithstanding any law or statute existing or hereinafter
enacted to the contrary. "
, and
WHEREAS, the City Clerk has been advised that Anthony R.Esposito,
Treasurer, Chemical Bank, New York, N. Y., reports that the interest
15193
coupons on the above bond issue due April 1, 1974 for Bonds Nos. 797 to
800 inclusive, each of said coupons being in the amount of One Hundred
Forty ($1)40.00) Dollars and the aggregate of said coupons being in the
amount of Five Hundred Sixty ($560.00) Dollars, that they believe, after
thorough search, said coupons to have been lost or destroyed in error, and
which coupons have never arrived at the Bradford Trust Company, the Paying
Agent, for payment; and
WHEREAS, the City is authorized to make payment for said, lost
interest coupons under Section 209 of the mortgage and indenture of trust,
and
WHEREAS, subject to the provisions of this resolution the City
Council deems it advisable and necessary to make provisions for the payment
of said coupons as authorized by the aforesaid mortgage and indenture of
trust,
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Clerk is hereby authorized and directed for and
on behalf of the City of Livonia to make the necessary arrangements with
Bradford Trust Company, New York, New York, for the payment of and to pay
said interest coupons without the surrender thereof and without issuing
duplicate interest coupons to the Chemical Bank, New York, N. Y , said
payment to be made only, however, from funds in the Bond Fund established
pursuant to the aforesaid mortgage and indenture of trust and subject to
Paragraph 2 of this resolution.
2. The said interest coupons shall not be paid as required by
Paragraph 1 of this resolution unless and until (a) the Chemical Bank, New
York, N. Y., provides evidence of loss of said coupons satisfactory to the
City Clerk, the City Attorney, Miller, Canfield, Paddock and Stone, counsel
for Allied Supermarkets, Inc. , and the trustee, Bradford Trust Company, and
(b) Chemical Bank, New York, N. Y., provides a lost security bond or other
indemnity satisfactory in form, amount and substance to the City Clerk,
the City Attorney, Miller, Canfield, Paddock and Stone, counsel for Allied
Supermarkets, Inc. , and the trustee, Bradford Trust Company, to fully
protect the City, the Trustee and Allied Supermarkets, Inc., against any
loss that may be occasioned to any or all of them from the payment of said
interest coupons.
3. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby are
rescinded.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS. None.
15194
Councilman Ventura gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 2-2605 OF TITLE
2, CHAPTER 26 (UNEMPLOYMENT COMPENSATION
SYSTEM ORDINANCE) OF THE LIVONIA CODE OF ORDI-
NANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk, and is the same as if word for word repeated herein.
Councilman Ventura invoked the Emergency Clause and gave second reading
to the foregoing Ordinance and a roll call vote was taken thereon with the following
result.
AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and. Nash.
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Ventura, seconded by Councilman Bishop, it was
#766-75 RESOLVED, that having considered a communication from the Program
Director of L.O.V.E. dated September 8, 1975, the Council does hereby
appropriate and authorize the expenditure of the sum of $200.00 for materi-
als and, literature to be obtained in connection with an Alcohol Awareness
Program entitled "Operation Threshold" to be conducted by the Livonia
Jaycees, and the City Clerk and City Treasurer are hereby requested to do
all things necessary or incidental to the full performance of this resolu-
tion.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman Bishop, it was
#767-75 RESOLVED, that having considered a communication from the Depart-
ment of Law dated September 9, 1975, approved by the Supt. of Parks and
Recreation, the Finance Director, and approved for submission by the Mayor,
with regard to the verdict of the jury and judgment of the court in Wayne
County Circuit Court Civil Action No 73 241 198 CC, and
WHEREAS, property described as
The East 1/2 of the West 1/2 of the Southeast 1/4
and the West 1/2 of the East 1/2 of the Southeast
1/4 of Section 5, T. 1 S. , R. 9 E. , City of Livonia,
Wayne County, Michigan. 79.83 acres
(Wayne County Bureau of Taxation Parcel 05J)
15195
is included in the Master Plan for Parks for the City of Livonia, which
property was the subject of the aforementioned litigation; and.
WHEREAS, a 50% grant-in-aid from the Federal Land and Water
Conservation Fund has been approved for the acquisition of this property
by the Department of Natural Resources of the State of Michigan,
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Council of the City of Livonia hereby
authorizes the Department of Law to acquire
the aforedescribed property pursuant to the
decision rendered in the said litigation in the
amount of $511,000.00, as the purchase price,
and does further authorize the expenditure of
the sum of $27,525 to be paid for the reimburse-
ment of expert witness fees, attorney fees and
other out-of-pocket costs, and
2. The City Council does hereby authorize the
expenditure of the sum of $1960.54 for the
payment of the prorated 1974 city, county,
county drain and school taxes, and does
further authorize the sum of $1266.50 to cover
L the cost of obtaining a policy of title insurance
on the subject property, and
3. The City Council does hereby appropriate and
authorize the expenditure of the aforesaid sums
from the $4.4 Million Dollar Parks and Re-
creational General Obligation Bond Issue as
well as authorize an advance of same from
Federal Revenue Sharing Funds, with the
provision that any federal assistance obtained
from the Federal Land and Water Conservation
Fund, (Bureau of Outdoor Recreation), as
approved for cost sharing by the Department
of Natural Resources, State of Michigan, shall
be reimbursed to that extent to said Federal
Revenue Sharing Funds, and
4. The City Clerk and the City Treasurer are hereby
authorized to do all things necessary or
incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS. None.
15196
L By Councilman McCann, seconded by Councilman Ventura, it was
x#768-75 RESOLVED, that having considered the report and recommendation of
the Superintendent of Parks and Recreation dated September 9, 1975, which
is approved by the Finance Director, and approved for submission by the
Mayor, the Council does hereby authorize the purchase of a factory rebuilt
compressor for the Devon-Aire Ice Rink for a price not to exceed $6,000.00
installed, with a one-year warranty, further, the Council does hereby deter-
mine to authorize the said purchase without competitive bidding for the
reasons indicated in the aforesaid communication, such action being taken
in accordance with provisions set forth in Section 2-213(d)(1) of the
Livonia Code of Ordinances (Financial Ordinance), and the Council does
hereby determine to appropriate a sum not to exceed $6,000 00 from the
Federal Revenue Sharing Funds for this purpose, and the City Clerk and City
Treasurer are hereby requested to do all things necessary or incidental to
the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash.
NAYS None.
By Councilman McCann, seconded by Councilman Brown, and unanimously
adopted, this 817th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 9 50 P M., September 10, 1975
4::Le440,,A-nt.)
ADDISON W. AIN, C'ty Clerk