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HomeMy WebLinkAboutCOUNCIL MINUTES 1975-06-30 SPECIAL 15059 MINUTES OF THE ONE HUNDRED FIFTY-EIGHTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held June 30, 1975, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 7.30 P M.. Roll was called with the following result Present-- Robert F. Nash, Robert R. Bishop, Peter A. Ventura, Jerry Raymond, Jerry H Brown, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present. Addison W Bacon, City Clerk, and Michael McGee, Administrative Assistant to the Mayor. By Councilman Raymond, seconded by Councilman Brown, it was #549-75 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Fernon C. Feenstra, 35234 Elmira, Livonia, Michigan, is hereby appointed a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1975, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Bishop, Ventura, Raymond, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #550-75 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Ronald Nisun, 29500 Minton, Livonia, Michigan, is hereby appointed a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 12, 1975, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result AYES Brown, Bishop, Ventura, Raymond, McCann, Bennett and Nash. NAYS• None On motion of Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, this 158th Special Meeting of the Council of the Ci y of Livonia was duly adjourned at 7:35 P M. , June 30, 1975• ` ADDISON W. B-A•ON, C' y Clerk 15060 MINUTES OF THE ONE HUNDRED FIFTY-NINTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held July 9, 1975, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 7 45 P M Roll was called with the following result: Present-- Robert F. Nash, Robert R Bishop, Peter A Ventura, Jerry Raymond, Jerry H Brown, 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, Director of Finance; and Stratton S. LBrown from the law offices of Miller, Canfield, Paddock and Stone. The following preamble and resolution were offered by Councilman Ventura and supported by Councilman Raymond' #551-75 WHEREAS, there exists in and for the City of Livonia, Wayne County, Michigan (the "City") an imperative need to acquire the Idyl Wyld Golf Course, together with the clubhouse and all major equipment related thereto together with certain building and site improvements in connection therewith, as hereinafter in the attached Full Faith and Credit General Obligation Contract of Lease (the "Contract") more particularly set forth, for the use of the City, and WHEREAS, the Municipal Building Authority of Livonia (the "Authority") has entered into an Agreement with the present owner of Idyl Wyld Golf Course to purchase the same for a price of One Million ($1,000,000.00) Dollars, which Agreement will require the sale of bonds by the Building Authority and which Agreement has also been reviewed by this Council, and WHEREAS, this Council has determined, and does hereby reaffirm, that it is necessary for the public health, safety and welfare of the City to acquire said facilities for the use of the City in accordance with said Agreement, and Imp WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, provides through the procedures of building authority financing a means for the acquisition of such facilities, and 15061 WHEREAS, the City, in accordance with the provisions of said Act 31, as amended, has previously adopted Articles of Incorporation and has established the Authority with full powers to acquire such facilities, and WHEREAS, this Council determines it to be in the best interest of the City to acquire and finance said facilities through the Authority in accordance with the provisions of said Act 31, as amended, and WHEREAS, a Contract between the City and the Authority providing for the acquisition and financing of said facilities and such matters as are deemed necessary thereto has been prepared. NOW, THEREFORE, BE IT RESOLVED THAT* 1. The City Council of the City hereby determines it to be necessary for the public health, safety and welfare of the City to acquire the facilities as set forth in the Contract attached to this resolution for the use of the City 2. This Council deems it to be in the best interest of the City to finance the cost of such facilities through the Authority in accordance with the provisions of the aforesaid Act 31, as amended. 3. This Council hereby approves the acquisition of such facilities in the total amount of $1,085,000.00, including legal and financing costs. 4. This Council hereby approves the Contract for the acquisition and financing of said facilities, as hereto attached. 5. The Notice of Intention of Entering into Contract of Lease as hereto attached shall be published in the Observer-Eccentric, a news- paper of general circulation in the City of Livonia, Michigan, promptly upon adoption of this resolution, said Notice to appear as a display advertisement at least one-quarter (1/4) page in size. 6. The Mayor and City Clerk of the City are authorized to execute immediately and deliver to the Authority the Contract approved by this resolution. The Contract shall become effective upon the expiration of forty-five (45) days following the date of publication of the aforesaid Notice, unless, under the provisions of Section 8(b) of said Act 31, as amended, the effectiveness of the Contract is stayed by reason of the filing of a petition for referendum thereon and the resultant necessity of prior approval thereof by the qualified electors of the City. The City Council does hereby determine that the designated newspaper is the news- paper circulating in the City of Livonia which reaches the largest number of persons to whom the aforesaid Notice is directed and that publication of the aforesaid Notice in the designated newspaper represents the most practical and feasible means of informing the taxpayers and electors of 1.0 the City of the aforesaid project and the financing thereof. A copy of the Contract shall be placed on file in the office of the City Clerk and shall be available for public examination. 7. The City Council of the City does hereby ratify and confirm its covenant in the aforesaid Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the full faith 15062 and credit general obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever Any such taxes levied to pay the Cash Rentals under said Contract shall, if necessary, be without limitation as to rate or amount and in addition to any other taxes which the City may be authorized to levy. 8. All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded. NOTICE OF INTENTION OF ENTERING INTO TAX- SUPPORTED CONTRACT OF LEASE AND OF RIGHT TO PETITION FOR REFERENDUM THEREON TO THE TAXPAYERS AND ELECTORS OF THE CITY OF LIVONIA, MICHIGAN' PLEASE TAKE NOTICE that the City of Livonia has approved and executed a Full Faith and Credit General Obligation Contract of Lease with the Municipal Building Authority of Livonia pursuant to Act No. 31, Public Acts of Michigan, 19+8 (First Extra Session), as amended. Such Contract provides, among other things, that said Building Authority will acquire the Idyl Wyld Golf Course, together with the clubhouse and all major equipment for the use of the City, together with certain building and site improvements in connection therewith, and the Building Authority WILL ISSUE ITS BONDS TO FINANCE THE ESTIMATED COST OF THE SAME, AND FOR THE COSTS OF ISSUING THE BONDS IN THE PRINCIPAL AMOUNT OF $1,085,000 Said bonds will mature serially in not to exceed twenty-five (25) annual principal installments, and will bear interest not exceeding 10% per annum on the outstanding principal balance. The Contract further provides that the City will lease said facilities from said Building Authority and WILL PAY AS RENTAL TO SAID BUILDING AUTHORITY ALL SUMS NECESSARY TO RETIRE THE PRINCIPAL OF AND INTEREST ON SAID BONDS, TOGETHER WITH ALL COSTS OF OPERATING AND MAINTAINING SAID FACILITIES AND ALL COSTS of said Building Authority in connection therewith, regardless of whether the facilities are tenantable. The principal amount to be borrowed by the Building Authority will be indebtedness of the City for purposes of City Charter debt limitations, and said principal amount, together with the City's rental obligation for payment thereof, may be increased to cover increased costs of the facilities CITY'S CONTRACT OBLIGATION BY VIRTUE OF SAID CONTRACT AND ACT, ALL OF THE CITY'S REQUIRED PAYMENTS TO THE BUILDING AUTHORITY WILL BE FULL FAITH AND CREDIT GENERAL OBLIGATIONS OF THE CITY PAYABLE FROM ANY AVAILABLE FUNDS OF THE CITY, AND THE CITY WILL BE REQUIRED TO LEVY AD VALOREM TAXES ON ALL TAXABLE PROPERTY WITHIN ITS BOUNDARIES, WITHOUT LIMITATION AS TO RATE OR AMOUNT AND IN ADDITION TO ANY OTHER TAXES WHICH THE CITY IS AUTHORIZED TO LEVY, TO THE EXTENT NECESSARY TO MAKE THE PAYMENTS REQUIRED TO RETIRE THE BONDS AND INTEREST THEREON, IF OTHER FUNDS FOR THAT PURPOSE ARE NOT AVAILABLE. 15063 RIGHT OF REFERENDUM SAID CONTRACT SHALL BECOME EFFECTIVE WITHOUT VOTE OF THE ELECTORS OF THE CITY, AS PERMITTED BY LAW, UPON THE EXPIRATION OF 45 DAYS FOLLOWING THE DATE OF PUBLICATION OF THIS NOTICE, UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF WHETHER SUCH CONTRACT SHOULD BE EFFECTIVE, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN SAID PERIOD. If such petition is so filed, said Contract shall not be effective without an approving vote by a majority of electors of the City voting on the question. This Notice is given pursuant to the requirements of Section 8(b) of the aforesaid Act 31, as amended. Further information concerning the details of said Contract and the matters set out in this Notice may be secured from the City Clerk's office. A copy of said Contract is on file in the office of the City Clerk for public inspection. Clerk, City of Livonia A roll call vote was taken on the foregoing resolution with the following result- AYES. Bennett, McCann, Ventura, Brown, Bishop, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #552-75 RESOLVED, that having considered a communication from the Department of Law, dated July 2, 1975, approved by the Finance Director and approved for submission by the Mayor, with respect to a proposed agreement between the Livonia Public Schools School District and the City of Livonia for an exchange of properties, i.e. , 3.74 net acres of school- owned property located at the southeast corner of Middlebelt Road and Orangelawn Avenue, and the south 6.67 acres of Rosedale Park in Section 34, the Council does hereby authorize the Mayor and the City Clerk to execute on behalf of the City of Livonia the subject agreement in the form attached to the aforesaid communication, and does further authorize the Mayor and the City Clerk to execute a warranty deed conveying the following described property to the Livonia Public Schools School District That part of the S W 1/4 of Section 34, T. 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant N 88° 36' 13" W. 100.00 feet and S 1° 08' 54" W. , 483.00 feet from the center 1/4 corner of Section 34 and proceeding thence S 1° 08' 54" W 560.00 feet, Imme thence N 88° 36' 13" W 417.50 feet, thence along a tangent curve to the right with radius of 603 00 feet a distance of 401 04 feet; thence N. 1° 08' 54" E. 188 43 feet, thence S. 88° 36' 13" E 546.02 feet to the point of beginning (6.67 acres), subject to keeping as a storm sewer easement the east 12 feet thereof. 15064 FURTHER, the Council does hereby appropriate the sum of $50,000 from Federal Revenue Sharing Funds to be paid to the Livonia Public Schools School District in accordance with the terms and conditions set forth in the aforesaid agreement, AND FURTHER, the Council requests and authorizes the Department of Public Works and the Parks and Recreation Department to do all things necessary or incidental to relocate the existing fence at the Emerson Junior High School site to conform with the new property lines to be established as a result of the land conveyance described in the aforesaid agreement as well as to remove and relocate any ball diamonds presently located on the Emerson Junior High School site which is being conveyed to the City to a portion of the site being retained by the School District, and the Department of Law, the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, McCann, Ventura, Brown, Bishop, Raymond and Nash. NAYS. None. On motion of Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, this 159th Special Meeting of the Council of the City of Livonia was duly adjourned at 8.20 P. M , July 9, 1975. ‘;E:f::t-26%.o 111W ADDISON W. BACON, ' y er