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HomeMy WebLinkAboutCOUNCIL MINUTES 1961-03-13 Page 4728 MINUTES OF IHE THREE HUNDRED THIRTIETH REGULAR METING OF THE CJUNCIL OF THE CITY OF LIVONIA On March 13, 19o1, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 6:34 P. M. Councilman Daugherty delivered the invocation. Roll was called with the following result: Present-- Sydney 3. Bagnall, John T. Daugherty, William N. Ponder, Rudolf R. Kleinert, Austin T. Grant and Jack Salvadore. Absent-- *James R. McCann.. By Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, it was #154-61 RESOLVED that, the minuL.;s of the Syth special meeting and the 329th regular meeting of the Council of the City of Livonia held on February 27, 1961, are hereby approved. *Councilman James R. McCann arrived at 8:37 P. M. By Councilman Kleinert, seconded by Councilman Daugherty and unanimously adopted, it was #155-61 RESOLVED that, having considered the verbal report of the Finance and Insurance Committee of the Council in regard to a request dated January 17, 1961, from the Director of Public Works, the Council does hereby determine that there is no present need which would require the employment of a building construction supervisor and therefore denies the request and recommendation of the Director of Public Works. The letter dated January 30, 19')1, from Mayor Brashear regarding the U. S. Conference of Mayors, was received and placed on file. By Councilman Kleinert, seconded by Councilman Salvadore, it was #156-61 RESOLVED that, having reviewed the respective budgets for the Water and Sewer Division for the fiscal year beginning March 1, 1961, and having considered also the respective recommendations of the Water and Sewer Board in connection therewith, dated February 21, 1y61, the Council does nereby accept and approve each of said budgets with the corrections recommended by the Board and set out in its letters referred to above. A roll call vote was ta! en on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. Page 4729 By Councilman Kleinert, seconded by Councilman Grant, it was #157-61 RESOLVED that, having considered the annual audit (Report on Examination of Financial Statements) prepared by the city auditor, Lybrand, Ross Bros. & Mont, omex , for the fiscal year ending November 30, 1960, which report was submitted pursuant to an agreement by and b etween the City of Livonia and that firm, approved of by resolution #439-60, the Council does hereby accept and approve of such audit and all of the state- ments contained therein and does hereby accept such audit and report as representing full compliance with the obligations assumed by the above named firm under the referred to agreement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Grant, it was #158-61 RESOLVED that, having considered the recommendations set out in the Report on Examination of Financial Statements for the year ended November 30, 1960, submitted by the city auditor, Lybrand, Ross Bros. and Montgomery, the Council does hereby transfer the following sums to the Unappropriated Surplus Account of the Budget: 1. the remaining and unappropriated balance of $1,672.76 from the Amrhein Road Paving Fund; 2. the forfeited cash performance bond of $3,071i..K0 deposited by the Buckland Development Company; 3. the unused balance of $5,151.29 remaining in the Ford Tank Plant Storm Sewer Fund; and, in regard to the following items: 1. an advance of G6,939.L8 to Proposed Coventry Gardens Assessment District authorized by resolution #480-53; and 2. an advance of $5,001 .00 to a Proposed Cardwell. Avenue Paving Assessment District; and 3. an advance of $932.08 to a Proposed Coventry Gardens Storm Sewer Assessment Fund, the Council does hereby acknowledge and establish that the aforementioned sums were expenditures rather than advances and does hereby authorize the Chief Accountant to make whatever record adjustments are necessary in order to reflect the same. A roll call vote was taken on the foregoing resolution with the followi.n. result: ism AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. Page 4730 By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #159-61 RESOLVED that, in view of the recommendation set out on page 22 of the report of the city auditor for the fiscal year ending November 30, 1960, the Council does hereby request the Director of Public Works to submit a report indicating the procedures that have been established to insure the timely receipt of those fee deposits required by Ordinance No. 215 in connection with review of plans and inspection of subdivision improvements. By Councilman Daugherty, seconded by Councilman Salvadore and unanimously adopted, it was #160-61 RESOLVED that, having considered the verbal report of the Water and Sewer Comnittee of the Council, the Council does hereby acknowledge receipt of and approves of the preliminary plan for the construction of the proposed Water and Sewer Building, the same being designated as Scheme 4, prepared by William P. Lindhout,architect, dated February 6, 1961, and identified by the signatures of the Council President and the City Clerk under date of March 13, 1961. With the consent of all members, the Council departed from the regular order of business to take care of the Brookfield Avenue improvement matter. By Councilman Daugherty, s econded by Councilman Salvadoro and unanimously adopted, it was #161-61 RESOLVED that, a public hearing having been held on Thursday, March 2, 1961, in connection with a proposed special assessment district to be established for the purpose of determining whether or not to install curbs, drainage and widening of Brookfield Avenue between Plymouth Road and West Chicago Road in the Northwest 1/4 of Section 34 of the City of Livonia, the Council does hereby determine that an advisory election is necessary within the proposed district in order for the Council to make a proper decision and before proceeding with further special assessment hearings in connection with this matter, therefore, the Council does hereby authorize the holding of an advisory election by the property owners of the proposed Brookfield Avenue improvement district, and Mr, E. Cisak, 11446 Brookfield Avenue and Mr. Frank Stephenson, 9911 Brookfield Avenue, are hereby appointed to serve as co-chairmen to the advisory election committee and are requested to proceed with such ad- visory election in accordance with the rules of procedure adopted by the Council on October 17, 1960, for the conducting of advisory elections; and the City Clerk is hereby requested to transmit to the aforementioned parties sufficient copies of the said rules of procedure, and the Engineer- ing Division of the Department of Public forks is hereby requested to provide the election committee with all data and material reasonably necessary to inform the property owners within such district of the contemplated improvement and its cost. Page !4731 By Councilman Ponder, seconded by Councilman McCann and unanimously adopted, it was #162-61 RESOLVED that, having considered the report and recommendation of the Fire Chief and the Director of Public Safety, dated February 17, 1961, approved of by the Mayor, in regard to the closing of Hubbard Road between West Chicago and Orangelawn, the Council does hereby concur with the recommendation set out therein and does hereby determine to give no further consideration at this time to the closing of Hubbard Road. The letter dated February 15, 1961, from the Department of Law in regard to a proposed sanitary sewer special assessment district in Golden Ridge Subdivision was received and placed on file. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #163-61 RESOLVED that, the Council does hereby acknowledge receipt from the Livonia Public Schools of that information requested in its previous resolution #77-61, regarding the proposed improvement to the Rouge Valley Sewage Disposal System; the Council also wishes to express its appreciation to Superintendent Yates, Mr. Cecil Alford and particularly to Dr. Charles Wells, Jr., for all of their time, effort and assistance in this matter and for the excellent oral presentation at the study session on March 8th. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #164-61 RESOLVED that, the communication from the Chief City Engineer dated March 2, 1961, approved of by the Mayor and the Director of Public Works, in response to resolutions #1429-60 and #1464-60, is hereby referred to the Streets, Roads and Plats Committee for its consideration, report and recommendation. Councilman Daugherty was excused at 8:52 P. M. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #165-61 RESOLVED that, the Council does hereby acknowledge receipt of an opinion dated March 2, 1961, from Miller, Canfield, Paddock and Stone, bonding counsel, which opinion was submitted in response to a request made in resolution #70-61, regarding the possLble designation of a local bank as paying agent on local bond i_,sues; the Council concurs with such opinion and does hereby determine to give no further consideration to this matter. Councilman Daugherty returned at 8:56 P. M. Page L732 By Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, it was #166-61 RESOLVED that, the City Engineer having filed with the City Clerk a statement dated September 26, 1960, as amended by the statement dated February 24, 1961, on all matters required by Section 6 of Ordinance No. 31, as amended, and a public hearing having been held thereon on November 21, 1960, after due notice as required by said ordinance, and careful con- sideration having been given to all such matters, the Council does hereby (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of a street lighting system in a portion of the Southeast i/4 of Section 12, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits received or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated February 24, 1961; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows: Beginning at a point distant N. 0° 02' 10" W. 600.63 ft. and S. 88° 12' 05" W. 60.03 ft. from the S.E. 1/4 corner of said Section 12; thence S. 88° 12' 05" W. 439.97 ft; thence S. 0° 02' 10" W. 500.00 ft; thence S. 88° 12' 05" W. 668.56 ft; thence N. 00 2' 44" W. 1272.56 ft; thence S. 89° 57' 16" W. 132.50 ft; thence N. 0° 2' 44" W. 215 ft; thence N. 89° 57' 16" E. 115 ft; thence N. 00 2' 44" W. 70 ft; thence S. 89° 57' 16" W. 115 ft; thence N. 00 2' 44" W. 205 ft; thence N. 890 57' 16" E. 120 ft; thence N. 0° 2' 44" W. 60.82 ft; thence S. 89° 57' 32" E. 723.67 ft; thence N. 00 02' 10" E. 504.07 ft; thence S. 89° 57' 32" E. 399.40 ft; thence S. 00 02' 10" W. 300.00 ft; thence N. 89° 57' 50" W. 64.15 ft; thence S. 39° 19' 34" W. 110.93 ft; thence S. 0° 02' 10" W. 73.3.35 ft; thence S. 11° 35' 23" W. 71.45 ft; thence S. 0° 02' 10" W. 208.71 ft; thence S. 140 44' 50" E. 124.28 ft; thence N. 89° 57' 16" E. 117 ft; thence S. 00 02 ' 10" W. 275.31 ft; to the point of beginning. (7) direct the City Assessor to prepare special assessment rolls in accordance with the Council's determination on said statement as prepared by the City Engineer, dated February 24, 1961; and (8) that upon completion of said rolls, the City Assessor shall attach thereto the certificate required by the provisions of Section Page 14.733 11 of' Ordinance No. 31, as amended of the City of Livonia, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council. An Ordinance to Establish Rules, Regulations and Specifications to Control and Govern the Printing and Publication of all Official Notices or Proceedings Re- quiring Publication by the City of Livonia, introduced by Councilman McCann on February 27, ii61, was taken from the table and given its second reading by title only, and a roll call vote conducted thereon with the following result: AYES: Grant, McCann, Daugherty, Ponder and Bagnall. NAYS: Salvadore and Kleinert. The President declared the Ordinance duly adopted and would become effective on publication. By Councilman Kleinert, seconded by C ouncilman Grant and unanimously adopted, it was #167-61 RESOLVED that, having considered the report and recommendation of the City Planning Commission, dated February 20, 1961, regarding Petition No. Z-170, submitted by D. R. McCullough, City Planner, regarding a pro- posed amendment to Section 4.45 of the Zoning Ordinance, the City Council does hereby concur with the aforementioned recommendation and the said Petition No. Z-1.70 is hereby denied. By Councilman Grant, seconded by Councilman Salvadore, it was #168-61 RESOLVED that, having considered the request from Mrs. Frances Hensley, Secretary of the Livonia Library Commission, dated February 2)4, 1961, the Council does hereby transfer the sum of $5,000.00 from the Equipment Purchases - Capital Improvement Program to the Library Books - Capital Improvement Program, for the purpose of purchasing new book to be located in the Library Building presently under construction. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder and Kleinert. NAYS: Bagnall. The Presidentdeclared the resolution adopted. By Councilma Kleinert, seconded by Councilman Grant and unanimously adopted, it was #169-bl RESOLVE,D that, paving considered the request from tie Veterans Page )4734 of Foreign Wars, City of Livonia, Post 8030, dated February 16, 1961, the Council does hereby give its permission to established posts of veterans organizations to sell poppies on May 25, 26 and 27, 19b1, within the limits of the City of Livonia. The letter dated February 29, 1961, from the Water and Sewer Board, trans- mitting the Board's resolution #WS3L2-2 61, was received and placed on file. The letter dated March 6, 1961, from the Water and Sewer Board, transmitting the Board's resolution #v1S3)10-2-61, was received and placed on file. By Councilman Grant, seconded by Councilman Kleinert and unanimously adopted, it was #170-61 RESOLVED that, i ursuant to the recommendation of the City Plan- ning Commission in its letter dated March 1, 1961, the name of the street now known as Lawrence street with regard to the portion of said street situated within Kingsbury Heights Subdivision, a part of the Southwest i/4 of Section 17, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, is hereby changed in name to Comstock; and the City Clerk is authorized and requested to file a certified copy of this resolu- tion within thirty (30) days after the efiective date hereof, with the Register of Deeds of the Counts of .gyne, together with a certificate giving the name or names of any plat, suudivision, or addition affected by this resolution; and provided further, that the City Clerk shall forward a certified copy of this resolution to the Treasurer for the County of Wayne, all public utility companies operating within the City of Livonia, and all City departments and commissions. The communication dated March 2, 1961, from the Redford Township Clerk was received and placed on file for the future information and reference of the Council. By Councilman Daugherty, seconded by Councilman Grant and unanimously adopted, it was #171-61 RESOLVED that, the letter dated March 2, 1961, from John Brown, President of the Cloverlanes Bowling Corporation, regarding the issuance of a Class C license, is hereby referred to the Committee of the Whole for its future reference. By Councilman Kleinert, seconded by Councilman Grant, itw as resolved that #172-61 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: Pa•e 4735 An enclosed drain beginning in the existing enclosed drain at the north line of the Patty -inn .subdivision, City of Livonia, Jayne County, Michigan, approximately 644 feet easterly of the centerline of Middlebelt Road, thence northerly to Jamison Avenue at Paderewski Avenue, thence westerly in Jamison Avenue to Middlebelt Road, thence northerly in ltddlebelt Road approxi- mately 47 U feet to a connection with the exis tint culvert crossing Middlebelt Road; and thence an open drain with the necessary culverts at road crossings generally westerly and northwesterly following the route of the existing Branch of the Bell Drain crossing Beatrice Avenue, Hoy Road and located in Melvin Avenue and Five Mile Road to a point approximately 300 feet west 01 Melvin Avenue. AND WHEREAS, in the opinion of the City Council, the location, establishing and constricting of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State Highways, and the County of Wayne for the drainage of County highways; AND 'didERHAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible metnod of financing the cost of said drain where the same is necessary for the public health of the City, and where tie entire c ost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of the said Act 40, Public Acts of Michigan, i()56, as amended, provides ss follows: Sec. 1486. The terms of this chapter shall oe applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted bv- its governing body. In such case any petition required to be filed hereunder shall be su!ficient if signed by such public corporation only. NOW, TFIL+RgFORE, B1 IT R,SOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby concent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby, authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, Page 4736 as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was tarsen on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS; None. By Councilman Grant, seconded by C omcilman Daugherty and unanimously adopted, it was #173-61 RESOLVED that, the request dated March 2, 1961, from Henry S. Alper, 29859 Plymouth Road, Livonia, Michigan, regarding the Ashcroft- Sherwood Drain, is hereby referred to the Engineering Division for its consideraLiun, report and recommendation. By Councilman Fonder, seconded by Councilman Grant and unanimously adopted, it was #174-61 RESOLVED that, he communicaLiun dated March 2, 1961, from the Reverend T. J . Cain, St. Maurice Parish, regarding permission to recon- L struct a certain sewer is hereby referred to the Engineering Division for its consideration, report and recommendation. By Councilman Salvadore, seconded by Councilmen Grant and unanimously adopted, it was #174-61 RESOLVED that, the request dated February 9, 1961, from A. J. LaBarge, Principal of Clarenceville Elementary Schools, referred to the Council by a letter from the Director of Public works, approved of by the Mayor, dated March 2, 1961, is hereby referred to the Engineering Division for its consideration, report and recommendation. Councilman Kleinert introduced the following Ordinance by title only: AN ORDINANCE AMENDING SECTIONS 12 AND 114 OF THE ZONING MAP OF THE CITY. OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTIONS 3.291 AND 3.292. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated January 6, 1961, on Petition No. Z-482 and dated January 27, 1961, on Petition No. Z-486, having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petitions are hereby approved. Pare 4737 Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia, is hereby amended by adding thereto the following sections: Section 3.291. Petition No. Z-1482 submitted by Clarence R. Charest is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to R l A as re- quested in said petition; and the Northwest 1/4 of Section 12 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.292. Petition No. Z-488 submitted by Sheldon M. Futernick is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RDFB to R lA as re- quested in said petition; and the Northeast 1/4 of Section 14 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 72 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the foregoing Section 2 of this ordinance is hereby approved, established and made a part hereof. Secti on 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any 1 ortion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Daugherty introduced the following Ordinance by title only: AN ORDINANCE AMENDING SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADIlING THERETO SECTION 3.293. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning C oimnissi on dated February 8, 1961 on Petition No. Z-484 having been considered by the Council, the Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article x.00 of the Zoning Ordinance, ordinance No. 60, as amended, of the City of Livonia, is hereby amended by adding thereto the following section: Page 4738 Section 3.293. Petition No. z-484 submitted by D. R. McCullough is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from CC to PS as requested in said petition: Parcel H1 and Lots 315, 316, 323 and 324 of Grennada Park Subdivion No. 1, and the Northwest 1/4 of Section 22 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 73 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the foregoing Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinance by title only: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Commission dated January 6, 1961, on Petition No. V-58 for vacating a certain alley is hereby accepted and adopted and the Council does hereby approve all proceedings on said petition, it appearing that a public hearing thereon was duly held on December 20, 1960, as provided by law and that the proper notices of such hearing were given. Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled, "An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public Grounds" as amended by Ordinance No. 50, the following alley is hereby vacated: The alley described in Petition No. V-58 aad being more particularly described as the alley 20 feet in w:Ath running north and south between Clarita Avenue and Pickford Avenue and adjoining Lots 103 through 143, inclusive, on the west and adjoining Lots 186 through 205, inclusive, on the east of Garden Grove Subdivision situated in the northwest 1/4 of Section 10, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; provided, however, that there be and hereby is reserved an easement for public utilities the full width of the existing alley. Page 4739 Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 4. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as aiibcting the validity of the remain- ing portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Grant, seconded by Councilman McCann, it was #176-61 RESOLVED that, having considered the report and recommendation of the Director of Public Safety, dated February 15, 1961, approved of by the Mayor, the Council does hereby accept the bid of Bill Cochrane, Inc., for supplying the City with one (1) 8-cylinder 2-door Sedan at the sub- mitted bid price of $2,098.56 less 4175.00 allowance for trade-in, or a net bid of 41,923.56. A roll call vote was taken on the foregoing resolution with the following result: AYES: Grant, Salvadore, McCann, Daugnerty, Ponder, Kleinert and Bagnall. NAYS: None. #177-61 RESOLVED that, having considered tue communication from the Department of Law dated March 10, 1961, regarding the balance owed by the City of Livonia to the Office of the Wayne Country Drain Commissioner for maintenance of drains in the City of Livonia over the past several years, and also the report of the Director of Public 'Works dated March 13, 1961, the Council does hereby reast the Office of the Wayne County Drain Commissioner and the Livonia No. 1 Drainage Board to refund to the City the sum of 438,307.45 from the Livonia No. 1 Surplus Interest Construction Earnings fund, and that upon receipt of such sum the City Clerk and City Treasurer are hereby authorized to forward the same to the Wayne County Treasurer as full payment of the City of Livonia Special Drain Assessment Fund obligation, as identified by the signatures of the Council President and the City Clerk, dated March 13, 1961, 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: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Grant, seconded by Councilman Daughe rt', it was resolved in' that #178-61 WAEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to adopt a resolution authorizing issuance and Page 4740 sale of Special Assessment Bonds of the City in the aggregate principal sum of not exceeding Seventy-Five Thousand(05,000.00) Dollars; the proceeds of sale thereof to be used for the purpose of paying part of the Special Assessment District's share of the cost of the construction of street improvements in Special Assessment District No.12; AND WI- REAS, it is necessary to publish a notice of intent to issue bonds in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in The Livonian, a newspaper of general circulation in the City of Livonia. 2. Said notice of intent to issue bonds to be in sub- stantially the following form: NOTICE OF INTENT TO ISSUE BONDS PLEASE TAKE NOTICE that the City Council of the City of Livonia intends to adopt a resolution authorizing the issuance and sale of special assessment bonds in the amount of not to exceed $75,000.00, to defray part of the Special Assessment District's share of the cost of street improve- ments in Special Assessment District No. 12. Said special assessment bonds, in addition to special assessments, shall pledge the full faith and credit of the City for their payment. This Notice is riven pursuant to the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended. City Clerk 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: Grant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman Grant, seconded by Councilman Salvadore, it was #179-61 RESOLVED that, the Director of Public Works is hereby authorized and requested to advertise and receive bids for the improvement of Levan Road in accordance with the plans and specifications for that project Page 4741 previously approved by the Council and Engineering Division, and the Council having heretofore determined that such project will be financed by the issuance of special assessment bonds does also naw determine that when necessary it will authorize and advance sufficient sums from the General Fund to cover the cost of this project, the latter sums to be returned to the Fund upon receipt of the revenues from the contemplated bond issue. A roll call vote was taken on the foregoing resolution with the following result: AYES: (Jrant, Salvadore, McCann, Daugherty, Ponder, Kleinert and Bagnall. NAYS: None. By Councilman McCann, seconded by Councilman Daugherty and unanimously adopted, it was #180-61 RESOLVED that, having considered the communication dated Febru- ary 8, 19b1, from the Michigan Liquor Control Commission, and the recom- mendation dated March 7, 1961, from the Director of Public Safety, the Council does hereby approve the reouest from Shawky Mousa to transfer ownership of 1960 SDM license from William J. Coseo at 32105 Plymouth Road, Livonia, Michigan. The resolution regarding employment of Consulting Engineers was withdrawn from the agenda to the next meeting of the Council. On motion of Councilman Grant, seconded by Councilman McCann and unanimously adopted, this 330th regular meeting of the Council of the City of Livonia was duly adjourned at 9:37 P. M., March 13, 1961. --- <if 9 M e W. Clark, City Clerk