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HomeMy WebLinkAboutCOUNCIL MINUTES 1966-01-26 Page 7689 MINUTES OF THE FIVE HUNDRED TWENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 26, 1966, 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 8:12 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present--Rudolf R. Kleinert, John F. Dooley, James R. McCann, Edward H. McNamara, Charles J. Pinto, Edward G. Milligan and *Peter A. Ventura. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve Polgar, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Victor C. Phillips, Budget Director; Don Hull, City Planner; Robert A. Shaw, Director of Public Works, William Strasser, City Engineer; Henry G. Sieferd, City Assessor; David L. Jones, Water and Sewer Commissioner, Carl Demek, Superintendent, Operations Division; Dick Jones, Assistant Superintendent of Operations Division; John Dufour, Superintendent, Parks and Recreation; Frank Kerby, Chief Building Inspector; Joel LaBo, Director of Public Safety; James Miller, Personnel Director; Dan Andrew, Industrial Coordinator; and Mrs. Winthrop Sears, Jr., of the League of Women Voters. By Councilman Dooley, seconded by Councilman Pinto, it was #99-66 RESOLVED, that the minutes of the 522nd regular meeting of the Council of the City of Livonia held January 19, 1966, are hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Pinto, *Milligan, Dooley, and Kleinert. NAYS: None. *Councilman Milligan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. The President acknowledged receipt of two veto messages from the Mayor, on Council Resolutions #78-66 and #80-66, adopted on January 19, 1966, and stated that they would be acted upon later in the meeting. Page 7690 By Councilman Dooley, seconded by Councilman McNamara, and unanimously adopted, it was #100-66 RESOLVED, that resolution #1165-65, adopted by the City Council on December 8, 1965, relative to the bonding for street improvements, is hereby rescinded. The following preamble and resolution were offered by Councilman Dooley and supported by Councilman McNamara #101-66 WHEREAS, Special Assessment Rolls, more particularly herein after 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 a part of said special assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The estimated period of usefulness of each of said public improvements is not less than twenty (20) years. 2. Special Assessment Bonds be issued in the amount of Five Hundred Thirty Thousand ($530,000.00) Dollars in anticipation of the collection of special assessments on the special assessment rolls herein- after in this Paragraph 2 set forth, the principal amount of special assess- ments for each roll pledged for the payment of said bonds to be as follows: Special Assessment Roll No. 25 - $ 7,200.00 Special Assessment Roll No. 26 - $102,000.00 Special Assessment Roll No. 27 - $ 24,000.00 Special Assessment Roll No. 28 - $105,800.00 Special Assessment Roll No. 29 - $240,000.00 Special Assessment Roll No. 30 - $ 1,000.00 Special Assessment Roll No. 31 - $ 30,000.00 Special Assessment Roll No. 32 - $ 20,000.00 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 pay- ment of the principal and interest on said bonds as the same become due. Said bonds shall consist of either five hundred thirty (530) bonds of the denomination of $1,000.00 each or one hundred six (106) bonds of the denomination $5,000.00 each, but not both, numbered consecutively in direct order of maturity from 1 upwards, dated April 1, 1966, and pay- able serially as follows $40,000.00 April 1, 1967; $50,000.00 April 1st of each of the years 1968 to 1976, inclusive; $10,000 00 April 1, 1977; $ 5,000.00 April 1, 1978; $10,000.00 April 1, 1979; $ 5,000.00 April 1, 1980; $10,000.00 April 1, 1981. Page 7691 Said bonds shall be designated SPECIAL ASSESSMENT STREET BONDS (DISTRICTS NOS. 25 to 32, inclusive). 3. Said bonds authorized by the provisions of this resolu- tion shall bear interest at a rate or rates not exceeding three and three- quarters per cent (3-3/4%) per annum, payable October 1, 1966, and semi- annually thereafter on April 1st and October 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 agent designated by the purchaser of the bonds. The liability of each special assessment district shall be limited to the principal amount set forth above and interest thereon Interest due October 1, 1966 shall be paid from the proceeds of sale of the bonds. 4. Bonds maturing in the years 1977 to 1981, inclusive, may be redeemed at the option of the City in direct numerical order on any interest payment date on or after April 1, 1976, at par and accrued interest to the date fixed for redemption Notice of redemption shall be given to holders of bonds to be redeemed by publication of such notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the State of Mich- igan which carries, as part of its regular service, notices of sale of municipal bonds No further interest payable on bonds called for redemp- tion shall accrue after the date fixed for redemption, provided the City has money available for such redemption with the paying agent. 5. Said bonds shall be signed in the name of the City by the Mayor and countersigned by the City Clerk and 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. Said 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 accordance with the bid therefor, when accepted. 6. Said bonds and the attached coupons shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA SPECIAL ASSESSMENT STREET' BOND (Districts Nos. 25 to 32, inclusive) No. $ 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 bearer hereof the sum of THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A.D., 19 , with interest thereon from the date hereof until paid at the rate of per cent ( %) per annum, pay- able October 1, 1966, and semi-annually thereafter on the first day of April and October of each year, on presentation and surrender of the annexed interest coupons as they severally become due. Both principal and interest on this bond are payable at Page 7692 and for the prompt payment of this bond, both principal and interest, the full faith and credit of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of bonds of even date and like tenor, except as to date of maturity aggregating the principal sum of S530,000.00, issued in anticipation of the collection of special assessments in Special Assessment Districts Nos. 25 to 32, inclusive, for the purpose of constructing street improve- ments in said Districts, and is issued in accordance with the City Charter and with a resolution of the City Council of the City of Livonia duly adopted on January 26, 1966. The right is reserved of redeeming bonds maturing in the years 1977 to 1981, both inclusive, in inverse numerical order, at the option of the City on any interest payment date on or after April 1, 1976, at par and accrued interest to the date fixed for redemption. Thirty (30) dayst notice of redemption shall be given to holders of bonds to be redeemed by publication of such notice at least once in a newspaper cir- culated in the State of Michigan which carries, as part of its regular service, notices of sale of municipal bonds. No further interest shall accrue on bonds called for redemption after the date fixed for redemption, provided the City has sufficient money on hand with the paying agent for such redemption. This bond is payable out of special assessments to be collected on special assessment rolls numbered 25 to 32, inclusive: Provided, how- ever, that the liability of each special assessment district shall be limited to payment of the amounts and interest thereon as set forth in the bonding resolution or in the case of the insufficiency of said special assessments, out of the general funds of the City, and it is hereby certi- fied 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 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 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 countersigned by its City Clerk and City Treasurer and the annexed interest coupons to be executed with the facsimile signatures of its Mayor and City Treasurer, all as of the first day of April, A. D., 1965. CITY OF LIVONIA BY (Seal) Mayor Countersigned: City Clerk City Treasurer Page 7693 (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 bearer hereof the sum of Dollars, lawful money of the United States of America, at , being the interest due that date on its Special Assessment Street Bond (Districts Nos. 25 to 32, inclusive), dated April 1, 1966, No Mayor City Treasurer 7. 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 Michigan Investor, Detroit, Michigan, and The Livonian, a newspaper circulated in the City of Livonia, at least seven (7) full days before the date fixed for sale of the bonds, which notice of sale shall be in substantially the following form OFFICIAL NOTICE OF SALE CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN $530,000.00 SPECIAL ASSESSMENT STREET BONDS (Districts Nos 25 to 32, Inclusive) Sealed bids for the purchase of the above bonds will be re- ceived by the undersigned at his office in the City Hall in the City of Livonia, Michigan, until 7:00 O'clock P. M., Eastern Standard Time, on , the day of , 1966, at which time and place said bids will be publicly opened and read. Said bonds will mature serially as follows: $40,000.00 April 1, 1967; $50,000.00 April 1st of each of the years 1968 to 1976, inclusive; $10,000.00 April 1, 1977; $ 5,000.00 April 1, 1978; $10,000.00 April 1, 1979; $ 5,000.00 April 1, 1980; $10,000.00 April 1, 1981. Interest on said bonds will be payable on October 1, 1966, and semi-annually thereafter on April 1st and October 1st of each year. Said bonds will be dated April 1, 1966, will be coupon bonds in the denomination of either $5,000.00 each or $1,000.00 each, Page 7694 but not both, at the option of the purchaser, will be numbered consecutively in direct order of maturity from 1 upwards, and will bear interest from their date at a rate or rates not exceeding three and three-quarters per cent (3-3/4%) per annum, expressed in multiples of 1/8 of 1%. The interest rate on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate and each coupon period shall be represented by one interest coupon. Both prin- cipal and interest will be payable at a bank or trust company to be desig- nated by the purchaser of the bonds, and which paying agent qualifies as such under the statutes of the State of Michigan or of the Federal Government Accrued interest to the date of delivery of such bonds must be paid by the purchaser at the time of delivery. Bonds maturing in the years 1977 to 1981, inclusive, are redeemable at the option of the City, in inverse numerical order, on any interest payment date on or after April 1, 1976, at par and accrued interest to the date fixed for redemption. Notice of redemption shall be given to the holders of bonds to be redeemed by publication of such notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the State of Michi- gan which carries, as part of its regular service, notices of sale of municipal bonds No further interest payable on bonds so called for redemption shall accrue after the date fixed for redemption, provided the City has money available for such redemption with the paying agent. For the purpose of awarding the bonds the interest cost of each bid will be computed by determining, at the rate or rates specified therein, the total dollar value of all interest on the bonds from (here insert the first day of the month next following the date of receiving bids, or the date of the bonds, whichever is later) to their maturity and deducting therefrom any premium. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City No proposal for the purchase of less than all of the bonds here- in offered, or at a price less than their par value, will be considered. Said bonds are issued in anticipation of the collection of special assessments on Special Assessment Rolls Nos 25 to 32, inclusive. The liability of each of the Special Assessment Districts shall be limited in the manner provided in the bond-authorizing resolution. In addition to the foregoing, said bonds pledge the full faith and credit of the City of Livonia for their payment A certified or cashier's check in the amount of $10,600.00, drawn upon an incorporated bank or trust company, payable to the order of the Treasurer of the City of Livonia, must accompany each bid as a guaranty of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds No interest will be allowed on the good faith checks, and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the bonds, which opinion will be furnished with- out expense to the purchaser of the bonds prior to the delivery thereof. The City shall furnish bonds ready for execution at its expense. Bonds will be delivered at Detroit, Michigan. The usual closing documents, Page 7695 including a certificate that no litigation is pending affecting the issuance of said bonds, will be delivered at the time of delivery. The right is reserved to reject any or all bids. Envelopes containing the bids should be plainly marked "Proposal for Bonds " Clerk, City of Livonia APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. The resolution adopted on December 8, 1965 authorizing bonds against Special Assessment Districts Nos. 25 to 32, inclusive, is specifically repealed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Pinto, Milligan, and Kleinert. NAYS: None The President declared the resolution adopted. The President relinquished the Chair to the Vice-President at 8:15 P. M. By Councilman Kleinert, seconded by Councilman Pinto, and unanimously adopted, it was #102-66 WHEREAS, a "Marine Corps Reserve Civic Action Fund for Viet Nam" has been established in conjunction with CARE to increase the flow of food, tools, and medicine to the needy people of South Viet Nam; and WHEREAS, the Marine Corps Reserve and every American citizen can help support the efforts of the III Marine Amphibious Force in Viet Nam in its dual objectives in fighting the Viet Cong and raising the morale of the citizens of South Viet Nam; NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Livonia does hereby declare that the Month of February, 1966 shall be "MARINE CORPS RESERVE CIVIC ACTION DAYS" and all citizens are urged during the Month of February, 1966 to make generous donations to CARE, Marine Corps Reserve Viet Nam Civic Action Program, Washington, D C The President resumed the Chair at 8 17 P. M Page 7696 By Councilman McNamara, seconded by Councilman Pinto, it was #103-66 RESOLVED that, pursuant to Section 6 of Chapter VIII of the Charter of the City of Livonia, the Board of Review (Tax Assessments) shall convene on the following dates FIRST SESSION: (Public Hearings) Tuesday - March 8, 1966 9 A M - 12 Noon 1 00 P. M - 4:30 P M. Wednesday - March 9, 1966 9 A. M. - 12 Noon 1:00 P. M. - 4:30 P. M. Thursday - March 10, 1966 3 00 P. M. - 9 00 P. M Friday - March 11, 1966 9 A. M. - 12 Noon 1:00 P. M. - 4 30 P M. Saturday - March 12, 1966 9 A. M - 4 P. M. Monday - March 14, 1966 9 A. M. - 12 Noon 2 30 P. M. - 7:30 P. M. Tuesday - March 15, 1966 9A M - 4P M Personal Property Day Wednesday - March 16, 1966 9 A. M. - 12 Noon 1 00 P. M. - 4:30 P. M Thursday - March 17, 1966 3 00 P. M. - 9:00 P. M. Friday - March 18, 1966 9 A. M. - 12 Noon 1:00 P M. - 4 30 P M Saturday - March 19, 1966 9 A. M - 4 P. M. SECOND SESSION: (Public Hearings) Monday - March 21, 1966 9 A. M. - 12 Noon 2:30 P M - 7:30 P. M. Tuesday - March 22, 1966 9 A. M. - 12 Noon 1:00 P. M. - 4:30 P. M. Wednesday - March 23, 1966 9 A. M. - 12 Noon 1:00 P. M - 4:30 P M. in an office located in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, and such additional meetings as may be necessary for the purpose of reviewing the Assessment Roll for the year 1966, and hearing any taxpayers deeming themselves aggrieved by the assessment A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Pinto, Milligan, Dooley, and Kleinert. NAYS: None Page 7697 An Ordinance Amending Section 5.01 of Article V of Ordinance No. 401, Known and Cited as the "Special Assessment Procedure Ordinance", introduced by Councilman McCann on January 19, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. An Ordinance Amending Ordinance No. 500, As Amended, Known and Cited as the "Plat Ordinance" by Adding Section 6.20 to Article VI Thereof, introduced by Councilman McCann on January 19, 1966, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, McCann, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. An Ordinance Amending Section 3.9 of Article III of Ordinance 446 Known and Cited as the "Street Ordinance of the City of Livonia", introduced by Councilman McCann on January 19, 1966, was taken from the table and a roll call vote conducted thereon with the following result AYES: McNamara, McCann, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effec- tive on publication. *Councilman Ventura arrived at 8:27 P. M. By Councilman Dooley, seconded by Councilman McCann, it was #104-66 RESOLVED, that having considered the report and recommendation of the Director of Public Safety dated January 14, 1966, approved for submittal by the Mayor and the Budget Director, the Council does hereby accept the bid of Charles Van Riper, 31285 Hathaway, Livonia, Michigan, for supplying the Police Department with certain revolvers and Page 7698 shotguns for a total price of $1,338.00 less trade-in allowance of 8288.00, for a net total price of $1,050 00, such having been in fact the only bid received for all of the foregoing equipment as indicated in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Pinto, it was #105-66 RESOLVED, that having considered the report and recommendation of the Director of Public Safety dated January 5, 1966, approved for sub- mittal by the Mayor and the Budget Director, the Council does hereby accept the bid of Guy Woolfolk, 1415 Parker Avenue, Detroit, Michigan, for supply- ing the city with police uniforms as per our specifications for a total price of $13,333 65, such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman Pinto, and unanimously adopted, it was #106-66 RESOLVED, that having considered the letter dated January 4, 1966, from the Mayor, the Council does hereby approve of and concur with the appointment of Mr Marvin 0 Moser, 16711 Bell Creek Lane, Livonia, Michigan, to the City Planning Commission for a term expiring June 9, 1968. The letter from the City Engineer, dated December 15, 1965, relative to the installation of a sidewalk in Fairway Farms Subdivision, was received and filed for the information of the Council By Councilman McNamara, seconded by Councilman Ventura, it was #107-66 RESOLVED, that having considered a communication from the chairman of the Elections Commission dated January 14, 1966, regarding the need for providing a stenographic chair for use by temporary workers of the Elections Commission, the Council does hereby authorize the acquisition of same and does further transfer the sum of $37.50 from Unappropriated Surplus to Acct. #152-70 for this purpose; and the City Clerk and City Treasurer are herein 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: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert NAYS: None. Page 7699 By Councilman McNamara, seconded by Councilman Dooley, it was #108-66 RESOLVED, that having considered a communication dated January 12, 1966 from the Department of Law and the five Grants of Easement attached thereto, pursuant to council resolution No. 939-65, conveying to the City of Livonia easements in connection with the construction of the Hubbard- Base Line Sanitary Sewer Project in Area 4b of Phase II of the Master Sanitary Sewer Program, which easements are more particularly described as follows: Grant of Easement dated October 21, 1965 executed by Floyd W Doherty and Eva L. Doherty, his wife, conveying an easement in the following described parcel being described as the North 10 feet of Parcel 03A60a: The W 1/2 of the N. W. 1/4 of the N E. 1/4 of the N. W 1/4 of the N. E 1/4 of Section 3, T1S, R9E., City of Livonia, Wayne County, Michigan, except the North 60 feet thereof also except the West 30 feet thereof. Grant of Easement dated October 11, 1965 executed by Leila B. Hanaford, conveying an easement in the following described parcel being described as the North 10 feet of the parcel (03A59b) ; The W 1/2 of the E. 1/2 of the N W. 1/4 of the N. E. 1/4 of the N. W. 1/4 of the N. E. 1/4 of Section 3, except the North 60 0 feet thereof Grant of Easement dated October 13, 1965 executed by Harry W Hanaford and Winifred B. Hanaford, his wife, conveying the north 10 feet of the following described parcel: Parcel 03A59a - the East 1/2 of the East 1/2 of the North- west 1/4 of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 3, T1S, R9E, City of Livonia, Wayne County, Michigan, except the north 60 feet thereof Grant of Easement dated October 11, 1965 executed by Woodrow Hanaford and Pauline Hanaford, his wife, conveying an easement in the following described parcel being described as the North 10 feet of the parcel (03A34b) ; the W. 1/2 of the W 1/2 of the N. E. 1/4 of the N. E. 1/4 of the N. W 1/4 of the N. E. 1/4 of Section 3, except the North 60.0 feet thereof. Grant of Easement dated October 21, 1965 executed by Rocwall Investment Company, a Michigan Co-Partnership by Lloyd Bisballe, Naldo Bucci and Nick Leo as sole co-partners, conveying the north 10 feet of the west 115 feet of that part of the N. E. 1/4 of Section 3, T. 1 S., R 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the S. line of Eight Mile Road distant West, 739.05 ft and S 0° 07' 30" W, 60 ft from the N E corner of Section 3 and proceeding thence West along said line, 250 feet; thence S 0° 07' 30" W, 300 ft; thence East, 250 ft; thence N 0° 07' 30" E, 300 ft to the point of beginning. (Parcel 03A27b2, 28b, 28c) the Council does hereby accept for and in behalf of the City of Livonia the aforesaid easements and does hereby request the City Clerk to Page 7700 have such Grants of Easements recorded with the Wayne County Register of Deeds and to do all other things necessaryor incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert: NAYS: None. By Councilman Dooley, seconded by Councilman Pinto, it was #109-66 RESOLVED, that having considered a letter dated January 14, 1966 from the Chief City Engineer, approved by the Director of Public Works, regarding Special Assessment Districts Nos. 26 and 27, the Industrial Road improvement between Middlebelt Road and Merriman Road, wherein the Chief City Engineer has certified that the construction of the Industrial Road pavement has been satisfactorily completed in accordance with the City's plans, specifications, and requirements, and the Council having previously in its resolution #689-65 waived interest charges until such time as the road has been accepted, the Council does hereby determine that interest charges in connection with Special Assessments Nos. 26 and 27 shall commence as of December 21, 1965; and all prior resolutions are hereby amended, rescinded or modified to be consistent with the action herein taken. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. The communication from the Department of Law, dated January 19, 1966 relative to the law applicable to BB Guns, was received and filed for the informa- tion of the Council. By Councilman Pinto, seconded by Councilman Dooley, it was #110-66 RESOLVED, that having considered a letter dated January 13, 1966 from the Chief City Engineer, approved by the Director of Public Works, and the Certificate of Payment No Twelve-Final dated November 29, 1962 submitted by Joseph L. Cyr, Architect, and the invoice dated October 18, 1965 submitted by Walter L. Couse & Co , Engineers and Contractors, attached to the aforesaid communication in connection with the Police Headquarters Bldg., O. C. D. M. Emergency Oper. Center, the Council does hereby authorize the sum of $1,040.50 to be paid from the $2,000 cash bond, previously posted by Walter L. Couse & Cci. , to the Aireco Refrigeration Construction Company as full and complete payment for a new air-conditioning compressor which has been installed in the subject building to replace a burned-out compressor; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full perfor- mance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: Page 7701 AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. By Councilman Pinto, seconded by Councilman Ventura, it was #111-66 RESOLVED, that having considered a letter dated January 13, 1966 from the Chief City Engineer, approved by the Director of Public Works, and the Certificate of Payment No Twelve-Final dated November 29, 1962 submitted by Joseph L Cyr, Architect, and the invoice dated October 18, 1965 submitted by Walter L. Couse & Co. , Engineers and Contractors, attached to the aforesaid communication in connection with the Police Headquarters Bldg. , O. C. D. M. Emergency Oper. Center, the Council does hereby refer the final payment in the amount of $959.50 to be paid to Walter L. Couse & Company, 12740 Lyndon Avenue, Detroit, Michigan, said sum to be made from a cash bond in the amount of $2,000 previously posted by Walter L. Couse & Co., which sum includes the full and complete balance due on a contract dated August 1, 1961, it being the understanding of the Council that all work under the said contract has been completed in accordance with City standards and specifications, and that the contractor has filed his declaration that there is no money owing for any labor or material in connection with the work performed under the said contract, to the Finance and Insurance Committee of the Council for their report and recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman McCann, it was #112-66 RESOLVED, that having considered a letter dated January 18, 1966 from the Department of Law requesting an appropriation for payment of 1965 taxes due on Lot 249 of Grennada Park Subdivision of the N. E. 1/4 of the S. E. 1/4 of Section 21, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, which lot was acquired by the City of Livonia in September of 1965 pursuant to council resolution #839-65, the Council does hereby appropriate the sum of S5.29 from Unappropriated Surplus to the Acquisition Land Account #360 for this purpose; and the City Clerk and 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: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman McCann, it was #113-66 NHEREAS, pursuant to the direction of the City Council in its resolution No. 892-65 adopted on September 22, 1965, and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council Page 7702 under date of January 20, 1966 an assessment roll dated January 19, 1966, covering the proposed sidewalk installation on Lathers Avenue from Seven Mile Road to 1300 feet north, plus or minus, and on Brentwood Avenue from Seven Mile Road to Pembroke Avenue, in the Southwest 1/4 of Section 1, City of Livonia, Wayne County, Michigan, containing the special assess- ments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 892-65, 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 3.08 of Ordinance No. 401, as amended, of the City, 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 at 8 o'clock p.m on Monday, February 28, 1966 to review the said special assessment 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 circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of February 28, 1966; 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 cur- rent assessment roll in the City Assessor' s office. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Pinto, and unanimously adopted, it was #114-66 WHEREAS, the President of the United States has proclaimed April, 1966 as NATIONAL CANCER CONTROL MONTH; and WHEREAS, progress is being made against cancer on every front-- in research and in both public and professional education toward earlier detection and better treatment; and WHEREAS, it is the personal responsibility of every citizen to acquaint himself with all available facts on the warning signals of cancer, the importance of early detection and prompt medical treatment and the fact that regular physical check-ups are the best insurance against this disease; and WHEREAS, the efforts of the Michigan Division, Inc., Wayne County Unit, of the American Cancer Society, are completely altruistic and seeking only to save the lives of fellow citizens from cancer, Page 7703 NOW, THEREFORE, the Council of the City of Livonia does hereby endorse April, 1966 as NATIONAL CANCER CONTROL MONTH and urges that all citizens observe National Cancer Control Month and to contribute to the best of their ability when society volunteers come to their homes in this life-saving, educational and fund raising door-to-door campaign to be conducted in Livonia on April 26, 1966 (or in the event of inclement weather, the following day or at such other time after weather clears) . By Councilman McNamara, seconded by Councilman Pinto, it was #115-66 RESOLVED, that having considered the report and recommendation dated January 19, 1966 from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend item No. 8 of Council Resolution #819-65 adopted on August 11, 1965 so as to reduce the General Improvement bond for remaining improvements in Madonna Estates Subdivision #2 to $1,000 which shall be in cash, and the sidewalk bond shall remain the same, to cover the cost of remaining improvements in said subdivision; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full perfor- mance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert. NAYS: None. Councilman Milligan was excused at 9 08 P. M. By Councilman Dooley, seconded by Councilman Pinto, it was #116-66 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated December 13, 1965, and the report and recommendation from the Director of Public Safety dated January 13, 1966, relative to a request from Great Scott Super Markets, Inc. for a new S. D. M. License to be located at 29250 Plymouth Road, Livonia, Michigan, the Council does hereby refer this matter to the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, and Dooley. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Pinto, seconded by Councilman Dooley, it was #117-66 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division dated January 17, 1966, approved by the Director of Public Works and the Budget Director, the Council does hereby accept the bid of Stark Hickey West, Inc., 24760 W. Seven Mile Road, Detroit, Michigan, 48219, for supplying the City's Operation Division with one (1) 1966 one-half (1/2) ton wide bed Pickup Truck, Ford-F-100, at the bid price of $1,613.57 less $105 trade-in allowance for a total net price of $1,508.57, such having been in fact the lowest bid received for this item. Page 7704 A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Dooley, and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #118-66 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division dated January 17, 1966, approved by the Director of Public Works and the Budget Director, the Council does hereby accept the bid of Bill Brown Sales, Inc., 32222 Plymouth Road, Livonia, Michigan, 48150, for supplying the City's Operation Division with three (3) 1966 Ford-F350 cab and chassis only at a unit price of 51,745.55 each, total bid price of $5,236.65, less two-thirds of the trade-in allowance of $308.00, or $205.34, for a net total cost of $5,031.31; such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Dooley, and Kleinert NAYS: None. By Councilman Pinto, seconded by Councilman Ventura, it was #119-66 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division dated January 17, 1966, approved by the Director of Public Works and the Budget Director, and a letter dated January 26, 1966 from the Water and Sewer Commissioner and the Director of Public Works, the Council does hereby accept the bid of Bill Brown Sales, Inc. , 32222 Plymouth Road, Livonia, Michigan, 48150, for supplying the City's Operations Division with three (3) Ford-F-100, 1966, one-half (1/2) ton Stepside Pickup trucks at a unit price of $1,560.40 each for a total bid of 54,681.20 less $82 00 trade-in allowance, for a total net price of $4,599.20, and amended to include one (1) additional Ford-F-100, 1966, one-half (1/2) ton Stepside Pickup truck at a unit price of $1,560.40 for the Sanitation Division; such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Dooley, and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Dooley, it was #120-66 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division dated January 17, 1966 approved by the Director of Public Works and the Budget Director, the Council does hereby accept the bid of Stark Hickey West, Inc , 24760 W. Seven Mile Road, Detroit, Michigan, 48219, for supplying the City's Operation Division with two (2) 1966 Ford F-250 three-fourth (3/4) ton Pickup Trucks at a unit price of $1,635.92 each, for a total bid price of $3,271.84 less $169 00 trade-in allowance of $169 00 for a total net Page 7705 price of $3,102.84; such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Dooley, and Kleinert. NAYS: None. By Councilman Pinto, seconded by Councilman Ventura, it was #121-66 RESOLVED, that having considered the report and recommendation of the Supt. of Operations Division dated January 17, 1966, approved by the Director of Public Works and the Budget Director, the Council does hereby accept the bid of Bill Brown Sales, Inc. , 32222 Plymouth Road, Livonia, Michigan, 48150, for supplying the City's Operation Division with one (1) 1966 Ford F-700 two-ton Truck and Chassis at the bid price of $3,385 82 less $156.00 trade-in allowance, for a total net price of $3,229.82; such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Dooley, and Kleinert. NAYS: None. Councilman Milligan returned at 9:15 P. M. By Councilman Dooley, seconded by Councilman Milligan, and unanimously adopted, it was #122-66 RESOLVED, that having considered a communication dated January 21, 1966 from the City Planning Commission which transmits its resolution #12-212-65 with regard to Petition 65-10-3-3 submitted by Charles A. Byron, attorney for Alex A. and Helen M Zion, requesting the vacation of the five-foot easement adjacent to the north line of Lot 67 and the five- foot easement adjacent to the south line of Lot 66, located in the easterly 100 feet of Lots 66 and 67 of B E. Taylor's Green Acres Sub- division in Section 23, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition and Petition No. 65-10-3-3 is hereby approved subject to the dedication of the following described easement: "The south six (6) feet of Lot 67, B. E. Taylor's Green Acres Subdivision, as recorded in Liber 69, Page 76, Wayne County Records, said subdivision being a part of the N. 1/2 of Section 23, T. 1 S., R. 9 E. , Livonia Township (now City of Livonia) Wayne County, Michigan"; and the Department of Law is requested to prepare the necessary vacating ordinance in accordance with this resolution. By'Councilman Dooley, seconded by Councilman McCann, and unanimously adopted, it was Page 7706 #123-66 RESOLVED, that having considered a communication dated January 21, 1966, from the City Planning Commission which transmits its resolution #65-213-65 with regard to Petition 65-8-3-2 submitted by Nicholas Ortopan requesting the vacation of an unused portion of old Schoolcraft Road which lies on the south side of tax item 19J2 in the Southwest 1/4 of Section 19, City of Livonia, Wayne County, Michigan, the Council does hereby concur in the recommendation made by the City Planning Commission and the said petition is hereby denied for the same reasons as set forth in the aforesaid letter of the City Planning Commission. By Councilman Milligan, seconded by Councilman Pinto, and unanimously adopted, it was #124-66 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, (M S.A Section 5.2934), as well as Article XXIII of Ordinance 543, 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, February 28, 1966 at 7:30 p.m. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michi- gan, on the following items: (a) Petition No. 65-8-1-28 submitted by Herbert Draper and George Jarman for a change of zoning on property located approximately 200 feet east of Stark Road and approximately 450 feet north of Wadsworth Drive in Section 28 from R-5 to M-1, the City Planning Commission having in its resolution #11-205-65 recommended to the City Council that Petition 65-8-1-28 be granted; (b) Petition No. 65-11-1-39 submitted by Milton M Shiffman, M.D. for a change of zoning of lots 39 through 43, inclusive, of Beverly Gardens Subdivision from R-1 to P-S, located at the southeast corner of Seven Mile Road and Sunset in Section 11, the City Planning Commission having in its resolution #12-211-65 recommended to the City Council that Petition 65-11-1-39 be denied; and further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement indicating the nature and location of the proposed change 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 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 and public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Milligan, seconded by Councilman Pinto, and unanimously adopted, it was #125-66 RESOLVED, that the Council does hereby request that the Board of Trustees of Schoolcraft Community College meet with the City Council Page 7707 at a time mutually convenient for the purpose of discussing the location of the north-south lane of the proposed 1-96 Freeway where the same is proposed to traverse within the corporate limits of the City of Livonia. By Councilman McNamara, seconded by Councilman McCann, it was #126-66 WHEREAS Tital VII of the Housing Act of 1961, as amended, pro- vides for the making of grants by the Housing and Home Finance Adminis- trator to States and local public bodies to assist them in the acquisition and development of permanent interests in land for open-space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of open-space land as part of the comprehensively planned development of the urban area; and WHEREAS, the CITY OF LIVONIA, MICHIGAN, (herein sometimes referred to as "Applicant"), desires to acquire ownership to certain land known as follows: Parcel 06K1b2 That part of the S. W. 1/4 of Section 6, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan described as beginning at a point on the E. line of Haggerty Road distant S. 88° 09' E. 60.0 ft. and N. 1° 51' E, 183.0 ft. from the S.W. corner of Section 6 and proceeding thence N. 1° 51' E. along said E. line, 1866.96 ft ; thence S 88° 31' 42" E, 871.41 ft.; thence N. 1° 51' E, 500.0 ft.; thence S 88° 31' 42" E. along the S. line of Phillips Road, 917.25 ft. ; thence S. 2° 03' 26" W, 2503.0 ft. to the N. line of Seven Mile Road; thence N. 88° 09' W along said N. line, 1564.82 ft. , thence W'ly. along a curve to the right, radius 190.56 ft. , a distance of 97.82 ft. ; thence N. 58 44, 18" W, 109.40 ft; thence N'ly along a curve to the right, radius 50.67 ft., a distance of 53.58 ft. to the point of beginning, except that part of the S.W. 1/4 of Sec. 6 described as beginning at a point on the S. Section line distant East, 785.89 ft. from the S.W corner of Section 6 and proceeding thence East along said line 160.16 ft. ; thence N 1° 15' 40" E, 220.05 ft. ; thence N. 42° 12 ' ; 20" W, 27 ft ; thence West, 50 ft. ; thence South, 20 ft. ; thence West, 96.87 ft. ; thence South, 220 ft to the point of beginning, except the South 60 ft. thereof; also except that part thereof described as beginning at a point on the E. line of Haggerty Road distant N. 1° 51' E 922.71 ft and N. 87° 11' E. 60.20 ft. from the S.W. corner of Sec. 6 and proceeding thence N. 870 11' E, 150 ft. ; thence S. 1° 51' W, 200 ft. ; thence S. 87° 11' W, 150 ft. ; thence N. 1° 51 E. along the E line of Haggerty Road, 200 ft. to the point of beginning. (consisting of 90 73 acres) and Parcel 06K2 That part of the S.W. 1/4 of Section 6, T. 1 S. , R.9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Haggerty Road, 120 Ft. wide, distant due south along the W Section line, 543.0 ft and N. 89° 31' E, 60 0 ft from the W. 1/4 corner of Sec 6 and proceeding thence due North along said E. line, 480.17 ft. ; thence along a tangent curve to the right, radius 20.0 ft., a distance of 31.42 ft., and tangent to said curve, N 89° 31' E along the S. line of Page 7708 Phillips Road, 43 Ft. wide, 851.58 Ft. ; thence due south, 500.0 Ft.; thence S 89° 31' W, 871 41 Ft to the point of beginning. (Consisting of 10 00 acres); for a total net acreage of both parcels of 100.73 net acres. which land is to be held and used for permanent open-space land for clean land fill purposes and ultimately for public park and recreational uses as well; and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of the Housing and Home Finance Agency effectuating that Title, provide that no person shall be discriminated against because of race, color, or national origin in the use of the land acquired; and WHEREAS it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) assurances that families and individuals displaced as a result of the open-space land project will be relocated into decent, safe, and sanitary housing, (2) compliance with Federal labor standards, and (3) compliance with Federal requirements relating to equal employment opportunity; and WHEREAS, it is estimated that the total cost of acquiring said interest will be approximately $392,847 00, NOW, THEREFORE, BE IT RESOLVED BY THE CITY Council of the City of Livonia, Michigan, as follows: 1 That an application be made to the Housing and Home Finance Agency for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $196,423.50, and that the City of Livonia will pay the balance of the cost from other funds available to it. 2. That the Mayor is hereby authorized and directed to execute and to file such application with the Housing and Home Finance Agency, to provide additional information and to furnish such documents as may be required by said Agency, to execute such contracts as are required by said Agency, and to act as the authorized correspondent of the City of Livonia. 3. That the proposed acquisition is in accordance with plans for the allocation of land for open-space uses, and that, should said grant be made, the City of Livonia will acquire and retain said land for the use designated in said application and approved by the Housing and Home Finance Agency 4. That the United States of America and the Housing and Home Finance Administration be, and they hereby are, assured of full compli- ance by the City of Livonia with regulations of the Housing and Home Finance Agency effectuating Title VI of the Civil Rights Act of 1964. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Ventura, Pinto, Milligan, Dooley, and Kleinert NAYS: None. Page 7709 By Councilman Ventura, seconded by Councilman Dooley, it was RESOLVED that, having considered the veto by the Mayor, dated January 25, 1966 of resolution #80-66 adopted by the Council on January 19, 1966, the Council does hereby readopt said resolution #80-66 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Pinto, Dooley, and Kleinert. NAYS: McNamara, McCann, and Milligan The President declared the resolution denied and the veto sustained. By Councilman Dooley, seconded by Councilman McNamara, it was #127-66 RESOLVED that, having considered the veto by the Mayor, dated January 25, 1966 of resolution #78-66 adopted by the Council on January 19, 1966, the Council does hereby readopt said resolution #78-66 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, McCann, Pinto, Milligan, Dooley, and Kleinert. NAYS: Ventura. The President declared the resolution adopted, and the Mayor's veto over-ruled. By Councilman Ventura, seconded by Councilman Dooley, and unanimously adopted, it was #128-66 RESOLVED, that Resolution #80-66, adopted by the City Council on January 19, 1966, relative to petition 65-8-1-29, is hereby rescinded. By Councilman Ventura, seconded by Councilman Dooley, and unanimously adopted, it was #129-66 RESOLVED, that having considered the report and recommendation of the City Planning Commission dated November 16, 1965 in regard to Petition 65-8-1-29 submitted by Donald and Nettie Frick for a change of zoning on the west side of Middlebelt Road approximately 660 feet south of Seven Mile Road in the Northeast 1/4 of Section 11 from R-5 to C-2; and the City Council having conducted a public hearing with regard to this matter on January 10, 1966, pursuant to council resolution #1179-65, and the petitioner having amended the aforesaid petition so as to request that the change of zoning be from R-5 to P-S, the Council does hereby reject the recommendation of the Planning Commission and the said amended Petition 65-8-1-29 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Depart- ment of Law is requested to prepare an Ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. Page 7710 On motion of Councilman Ventura, seconded by Councilman McNamara, and L unanimously adopted, this 523rd regular meeting of the Council of the City of Livonia was duly adjourned at 10 09 P M. , January 26, 1966 (----(1.-L-ge_e_e_z_e__,) - ADDISON W. BACON, Cr'. -rk