HomeMy WebLinkAboutCOUNCIL MINUTES 1961-09-18 Page 4957
MINUTES OF THE THREE HUNDRED FORTY-TIICRD REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 18, 1961, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President of the Council at ap-
proximately 8:36 P. M. Councilman Ponder delivered the invocation. Roll was
called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty,
William N. Ponder, Rudolf R. Kleinert, Jack Salvadore and James R. McCann.
Absent-- Austin T. Grant.
By Councilman Ponder, seconded by C ouncilman Kleinert and unanimously
adopted, it was
#625-61 RESOLVED that, the minutes of the 34&nd regular meeting of the
Council of the City of Livonia held ,Jeptember 13, 1961, are hereby approved.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
imo adopted, it was
#626-61 RESOLVED that, the Annual Budget of the City of Livonia for
the year 1961-62, submitted by Mayor William W. Brashear, and dated
September 15, 19b1, is hereby referred to the Committee of the Whole.
The letter dated September 7, 1961, from the Mayor, regarding the American
Public Works Association was received and placed on file.
By Councilman Daugherty, seconded by Councilman Ponder and unanimously
adopted, it was
#627-61 RESOLVED that, having considered the report of the Water and Sewer
Committee, dated August 30, 1961, the Council does hereby direct the Depart-
ment of Law to prepare an ordinance incorporating the recommendations set out
in the letter from the Chief City Engineer, dated July 31, 1961, relating to
the regulation of back yard drainage on residential lots and the Department of
Law is requested to submit such ordinance to the Council for its consideration
as soon as is reasonably possible.
By Councilman Daugherty, seconded by Councilman Ponder and unanimously
adopted, it was
ibm #628-61 RESOLVE) that, having considered the report and recommendation of
the Water and Sewer Committee, dated August 30, 1961, the Council does herein
determine that it is necessary to locate, establish, construct and enclose
Page 1956
certain drains in the City of Livonia generally described as follows:
(1) 3200 lineal feet of enclosure in Mayfield Street from Bell
Creek to Six Mile Road and in Six Mile Road from Mayfield to
Hubbard Road, and otherwise referred to as Project No. 10 on the
Master Plan previously adopted by the City, as revised in accord-
ance with the recommendation of the Engineering Division, dated
August 17, 1961;
(2) An enclosure located in Merriman Road from Bell Creek to the
existing ditch which crosses Merriman Road approximately 1100 feet
north of Six Mile Road, and otherwise referred to as Projects No.
11 and No.12 on the Master Plan previously adopted by the City,
as revised in accordance with the recommendation of the Engineer-
ing Division, dated August 17, 1961;
(3) An enclosure of approximately 1750 lineal feet beginning in
Hubbard Road at the southwest corner of the St. Andrews Episcopal
Church property, thence in Hubbard Road to the northwest corner of
the said church property, thence in an easement along the north
line of the said church property from Hubbard Road easterly ap-
proximately 1300 feet to a City owned parcel, thence southerly
in the City property to the open drain which flows southeasterly
through the City property to the Bell Branch of the Rouge River,
which project is more completely referred to in the recommendation
of the Engineering Division, dated July 44, 1961;
and the Council does herein also determine that such projects shall be con-
structed and financed under the provisions of Chapter e0 of Act 40 of the
Public Acts of 1956, as amended, and that the entire oost of such projects
will be assessed at large against the City, except that portion representing
drainage benefits to the public highways of the State or County of Wayne, and
the Office of the Wayne County Drain Commissioner is her by requested to
prepare and submit to this Council all necessary and proper resolutions and
petitions required by the aforementioned act in connection with the proposed
projects described above as soon as is possible in order that the same may
be properly adopted and executed by the City of Livonia; further the letters
referred to above, dated August 17 and July ell, 1961, respectively, together
with the maps attached thereto (three letters and three maps) are hereby
made a part hereof by this reference; and the City Clerk is hereby requested
to immediately transmit certified copies of this resolution, together with
copies of the letters and maps referred to herein, to the Office of the Wayne
County Drain Commissioner and also to the legal firm of Miller,b'anfield,
Paddock and Stone.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#629-61 RESOLVED that, the report dated August 30, 1961, from the
Director of Public Works, regarding sewer tap-in inspections, requested
in resolution #564-61, is hereby received and placed on file.
By Councilman Kleinert, seconded by Councilman McCann, it was
Page 4959
#630-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated August 17, 1961, which indicates the
respective locations of certain half-street improvements adjacent to
school and park property, together with the plans, specifications and
estimated cost thereof, the Council does hereby authorize and direct the
Department of Law to secure the necessary rights-of-way in order to complete
paving improvements adjacent to Roosevelt, Jackson, McKinley and Emerson
Elementary Schools and Bentley High School, and that such rights-of-way
to be accepted by the City Council; and the Council does hereby direct
the Department of Public Works to proceed with the construction and in-
stallation of such improvements immediately upon the acceptance of the
necessary rights-of way and to do all other things reasonably necessary
or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Kleinert and unanimously
adopted, it was
#631-61 RESOLVED that,the report and recommendation of the Chief City
Engineer, dated August 31, 1961, approved by the Mayor and Director of
101 Public Works, regarding the opening of Henry Ruff north from Five Mile
to Rayburn, is hereby referred to the Streets, Roads and Plats Committee
of the Council for its consideration and recommendation.
By Councilman McCann, seconded by Councilman Kleinert, it was
#632-61 RESOLVED that, the Council does hereby table indefinitely the
report of the Director of Public Works, dated August 22, 1961, approved
by the Mayor, regarding an appropriation sufficient to improve certain
private property used by the City for recreational purposes in the area
of the Jackson Elementary School.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: Salvadore.
The President declared the resolution adopted.
Councilman Ponder was excused at 8:55 P. M.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#633-61 RESOLVED that, having considered the questions raised by
Mr. Paul Chandler as to whether or not Councilman William Ponder had
violated Section 6 of Chapter X of the City Charter in voting on
resolution #1}1}2-61, and having referred the matter to the City Attorney,
Page 4960
who in turn referred the matter to the Wayne County Prosecutor for
ibm an opinion thereon; and it appearing from the communication of the
Prosecutor's office, dated September 6, 1961, that this is a local
matter, and having read the communication from the City Attorney,
dated September 5, 1961, neither communications indicating that there
have been any violations of Charter provisions; and having considered
the report as submitted by Councilman Ponder, the Council does hereby
determine that from the facts as presented, said veto was not in
violation of Section 6 of Chapter X of the City Charter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty and Bagnall.
NAYS: None.
Councilman Ponder returned at 9:12 P. M.
By Councilman Salvadore, seconded by Councilman McCann, it was
RESOLVED that, resolutions #301-60 and #302-60, adopted May 23,
1960, establishing bonds for Burton Hollow Estates Subdivisions No. 3 and
No. 4, be rescinded.
The President relinquished the chair to the Vice President at 9:34 P. M., and resumed
Imo the chair at 9:39 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann and Daugherty.
NAYS: Kleinert, Ponder and Bagnall.
The President declared the resolution denied.
By Councilman Ponder, seconded by Councilman Kleinert, it was
RESOLVED that, having considered the matter of the bonds pertain-
ing to Burton Hollow Estates Subdivisions No. 3 and No. 4, approved on
May 23, 1960, and having considered that on June 15, 1960, subsequent to
the establishment of the bonds, that Zoning Ordinances No. 301 and No. 314
became effective which rezoned the above mentioned properties to R-1,-A,
Residential Large Lots, as determined by said ordinances, the Council does
hereby determine that said subdivisions, as originally proposed do not
comply with the present zoning requirements and that the Building Depart-
ment be notified and instructed not to issue any building permits until
the rights of the parties have been established.
By Councilman Daugherty, seconded by Councilman McCann, it was
tam
RESOLVED that, the foregoing resolution be amended to add:
and that the President of the City Council is hereby instructed by this
City Council to direct the City Attorney to immediately obtain an in-
junction to prevent further construction of improvements or progress for
Page 4961
completion in compliance with the existing bond requirements; this action
taken in recognition that the existing temporary approval of Burton Hollow
Estates Subdivisions No. 3 and No. 4 is not in conformity with the existing
land zoning of the property concerned.
A roll call vote was taken on the amendment with the following results
AYES: Kleinert, 3alvadore, McCann Daugherty, Ponder and Bagnail.
NAYS: None.
The President declared the amendment adopted.
A roll call vote was taken on the resolution, as amended, as follows:
#634-61 RESOLVED that, having considered the matter of the bonds pertain-
ing to Burton Hollow Estates subdivisions No. 3 and No. 4, approved on May
23, 1960, and having considered that on June 15, 1960, subsequent to the
establishment of the bonds, that Zoning Ordinances No. 301 and No. 314 be-
came effective which rezoned the above mentioned properties to R-L-A,
Residential Large Lots, as determined by said ordinances, the Council
does hereby determine that said subdivisions as originally proposed do
not comply with the present zoning requirements, and that the Building
Department be notified and instructed not to issue any building permits
until the rights of the parties have been established; and that the
President of the City Council is hereby instructed by this City Council
to direct the City Attorney to immediately obtain an injunction to prevent
further construction of improvements or progress for completion in com-
pliance with the existing bond requirements; this action taken in
recognition that the existing temporary approval of Burton Hollow Estates
Subdivisions No. 3 and No. Li, is not in conformity with the existing land
zoning of the property concerned.
with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
The President declared the resolution, as amended, adopted.
At 10:10 P. M., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call, except
Councilman McCann, who returned at a later time.
The letter from residents of Schoolcraft Manor Subdivision to the Wayne
County Drain Commissioner regarding the open County Blue Drain, was received and
imi placed on file for the information and reference of the Council.
By Councilman Ponder, secondE.d by Councilman Kleinert and unanimously
adopted, it was
Page 4962
#635-61 RESOLVED that, on the matter of the Burton Hollow Estates Sub-
itar. divisions No. 3 and No. 4, that the City Planner draft what he would con-
sider to be a suitable buffer zone for the benefit of the Council and sub-
mit the same at the next regular meeting.
By Councilman Kleinert, seconded by Councilman Salvadore and unanimously
adopted, it was
#636-61 RESOLVED that, the letter from William P. Lindhout, dated Septem-
ber 1, 1961, regarding a drainage problem on Lot 36, Bell Creek Estates
Subdivision, is hereby referred to the Engineering Division for its report
and recommendation as to the most feasible method for correcting such
problem and the estimated cost of same.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#637-61 RESOLVED that, having eo nsidered the report and recommendation
of the Chief City Engineer, dated September 7, 1961, approved by the Mayor
and Director of Public Works, which report indicates (1) that the owner of
the property described hereinafter has offered to dedicate the same to the
City, without compensation, for road and public utility purposes, and (2)
that the owner has also proposed to install, at his own expense, a 22 foot
wide concrete pavement, 7 inches in thickness, together with a 3 or 4 foot
shoulder and open ditches on Purlingbrook,north of Seven Mile Road, in ac-
cordance with the plan submitted by the owner to the City, which plan is
dated September 2, 1961, and prepared by Hubbell, Roth and Clark, Inc.,
consulting engineers, the Council hereby agrees that the City of Livonia
will accept a dedication of the following described property:
The West 30 feet of the South 1027.15 feet of the Southeast 1/4
of Section 2, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan,
immediately upon receipt of a report from the Director of Public Works
indicating that the aforementioned improvement has been installed and
completed in accordance with the current standards and specifications
of the City of Livonia.
Councilman James R. McCann returned at 10:26 P. M.
By Councilman Salvadore, seconded by Councilman Daugherty, it was
#638-61 RESOLVED that, having considered the renuest of the Director of
Public Works, dated August 30, 1961, approved by the Mayor and Budget
Director, the Council does hereby transfer the sum of $3,000.00 from the
Industrial Development Commission's Salaries Account to DPW Operations
Division Contractual Services Account to cover expense to be incurred by
far the City for mowing and cutting weeds on private property in accordance
with the provisions and requirements of Ordinance No. 148 of the City of
Livonia, as amended; and the City Council does hereby authorize the Depart-
ment of Public Works to add a 25% administrative charge to the cost of
removing or destroying weeds from private property in those cases where
Page 4963
the City is required to do so by the provisions and requirements of Ordinance
ibm No. 148, as amended, the so-called Weed Ordinance; and the Department of Law
is requested to prepare an amendment to Ordinance No. 148 to accomplish this
purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder, and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#639-61 RESOLVED that, having considered the recommendation of the City
Treasurer, dated September 8, 1961, the Council does hereby determine that
the first annual installments from benefited properties within Special
Assessment Districts Nos. 13, 14 and 15, shall be due December 1, 1962, and
all other resolutions or parts of resolutions in conflict herewith are here-
by amended only to the extent necessary to give this resolution full force
and effect; and the City Treasurer is hereby authorized to do all things
reasonably necessary and incidental to the full performance of this resolu-
ti on.
By Councilman Daugherty, seconded by Councilman Salvadore and unanimously
adopted, it was
#640-61. RESOLVED that, the letter dated September 15, 1961, from the
Director of Public Safety, regarding additional appropriation to Account
184-7, is hereby referred to the Finance Committee for recommendation.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#641-61 RESOLVED that, having considered the report and recommendation
of the Chief City Engineer, dated August 18, 1961, approved by the Mayor
and Director of Public works, the Council does hereby authorize the use
of City equipment and labor to install 120 feet of 12 inch concrete pipe
and other drainage devices referred to in the aforementioned letter in
order to eliminate an exis to ng drainage problem in the Sunset Park Sub-
division; provided, however, that this authorization is based on the
understanding that the Smith-Sullivan Building Company will furnish, at
its sole expense, all of the materials needed to complete such necessary
installation.
By Councilman Daugherty, seconded by C ouncilman McCann, it was
#642-61 RESOLVED that, having considered the communication from the
Livonia Public Schools, dated August 30, 1961, the Council does hereby
authorize the Department of Public Works to proceed with or cause the
installation of a sidewalk along the west side of Middlebelt, approximately
Page 4961
135 feet in length, adjacent to and in front of Parcel 11LL3b2, and for
this purpose the Council does hereby transfer the sum of $324.00 from the
Working Capital Account of the Capital Improvement Account to Operations
Division Supplies Account; and provided further that the Department of
Law is authorized and directed to obtain, at no cost to the City, any and
all rights-of-way that may be necessary in order that this installation
may be completed.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Ponder, seconded by Councilman Salvadore, it was
#613-61 RESOLVED that, Biltmore Building Company, 17615 James Couzens
Highway, Detroit 35, Michigan, as proprietors, having requested the City
Council to approve the proposed plat of the following Subdivisions
Biltmore Estates Subdivision, located in part of the Southeast 1/4 of
Section 20, City of Livonia; and it appearing that tentative approval of
said proposed plat was given by the City Planning Commission under date of
September 20, 1960, and it further appearing that said proposed plat, to-
gether with the plans and specifications for improvements therein, have
been approved by the Department of Public Works under date of August 18,
1961; the City Council does hereby approve said proposed plat on the
following conditions:
(1) Al of such improvements shall be installed in conformance with
the Plat Ordinance (No. 135) as amended, of the City of Livonia,and
the rules and regulations of the Department of Public Works, within
a period of two (2) years from the date of this resolution;
(2) That the installation of such improvements shall be supervised
and inspected by the Department of Public Works and such improvements
shall not be considered as having been satisfactorily installed until
there is filed with the Council a Certificate as provided in Section
14 of said Ordinance No. 135, as amended;
(3) That the City Clerk is not authorized to affix her signature to
said Flat until either said improvements have been satisfactorily
installed or, in lieu thereof, there is filed with her by said pro-
prietors a bond to the City of Livonia, in such form as may be
approved by the City Attorney, and in the following amounts
$252,000.00, of which $10,000.00 shall be cash;
and until all inspection fees and other charges due to the City of
Livonia have been fumy paid)
(4) That the proprietor submit to the City Engineer as buil t plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
visisions of said Plat Ordinance, as amended, the City Clerk is hereby
Page 1965
authorized to affix her signature to said Plat as evidence of this
im. approval;
Provided, however, that the amount of $5,000.00 be deposited in
escrow for the purpose of maintaining the ditch for a period of
five (5) years.
The President relinquished the chair to the Vice President at 10:50 P.M., resumed
the chair at 11:00 P. M., and again relinquished the chair to the Vice President
at 11:03 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, Ponder and Salvadore.
NAYS: McCann and Daugherty.
*Councilman Daugherty requested that it be noted in the minutes that he voted no
on the above resolution because of the open drains within the subdivision.
The Vice President declared the res oluti an adopted.
The President resumed the chair at 11:10 P. M.
By Councilman Kleinert, seconded by Councilman Ponder, it was
#644-61 RESOLVED that, having considered the recommendation of the Super-
intendent of Operations Division, dated September 7, 1961, approved by the
Mayor and Director of Public Works, the Councildoes hereby accept the
alternate bid of the Automobile Equipment Company, 25800 Sherwood, Warren,
Michigan, in the amount of 53,025.00, for supplying the City with one (l)
Hydraulic Hoist, 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: Kleinert, Salvadore, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
Councilman Kleinert introduced the following Ordinance by title only:
AN ORDINANCE TO AMEND SECTIONS 9 AND 10 OF ORDINANCE NO. !43, AS
AMENDED, ENTITLED "AN ORDINANCE TO PROVIDE FOR THE REFUNDING OF
OUTSTANDING WATER SUPPLY SYSTEM REFUNDING AND EXTENSION REVENUE
BONDS, AND CONSTRUCTION OF EXTENSIONS AND IMI PROV EMENT S TO THE
WATER SUPPLY SYSTEM OF THE CITY OF LIVONIA; AUTHORIZING AND PRO-
VIDING FOR THE ISSUANCE OF SELF-LIQUIDATING REVENUE BONDS FOR
THESE PURPOSES UNDER THE PROVISIONS OF ACT 9L1, PUBLIC ACTS OF
MICHIGAN, 1933, AS AMENDED; PROVIDING FOR THE FIXING, COIL3CTION,
SEGREGATION AND DISPOSITION OF THE REVENUES OF SAID WATER SUPPLY
SYSTEM OF THE SAID CITY OF LIVONIA, AND PROVIDING FOR A STATUTORY
LIEN IN FAVOR OF THE HOLDER OR HOLDERS OF SUCH BONDS UPON THE
WHOLE OF SUCH REVENUES."
Page 4966
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 9 of Ordinance No. 43, as amended, of the City of
Livonia, known as the "Water Supply System Ordinance," is hereby amended to provides
as follows:
Section 9. Air Conditioning Demand Charge.
(a) Inclusion in Schedule of Water Rates. There shall be included in
the Water Department Schedule of Water Rates a demand charge applicable to
all water cooled air conditioning equipment used for space cooling for human
comfort that is not of the approved water conserving type.
(b) Schedule of Demand Charges. All users of air conditioning installa-
tions not of the approved water conserving type shall pay a demand charge of
$8.00 per ton of refrigeration commencing with the calendar year of 1962 and
thereafter.
(c) Demand Charge in Addition to Current Charge for Water. The demand
charge shall be in addition to the current charge for water used and shall be
billed and collected in the manner described herein, and otherwise shall be
subject to all the rules and regulations of the Water Department in regard to
collection of water bills including penalties for nonpayment thereof.
(d) Billing for Demand Charges. The annual demand charge shall be billed
in one sum on or about May 1 of each year and be due and payable without
penalty charge on the due date, indicated on the bill, which date shall in
no case be less than ten (10) days after the bill is properly a ddressed and
placed in the United States mail depository; provided, however, that the
demand charge bill may be paid without penalty in four (4) or less equal
monthly installments during the months immediately following the due date.
(e) Demand Charges for Installations Made During Applicable Season.
The demand charge shall be appli cable to all air conditioning units of the
type herein described which are installed and connected to the Livonia Water
Supply System in the City prior to October 1st of the calendar year in
question; provided, however, that the demand charge for air conditioning
units installed and connected to the Livonia Water Supply System during the
air conditioning season shall apply as follows:
For units installed and connected to
the Livonia Water Supply System prior
to July 1 Entire annual charge;
Between July 1 and July 31 3/4 of the annual charge;
Between August 1 and August 31 1/2 of the annual charge;
Between Sept. 1 and Sept. 30 1/4 of the annual charge;
After September 30 No charge for that calendar
year.
(f) Systems Permanently Disconnected or Converted. Air conditioning
units subject to the demand charge which are permanently disconnected from
Page 1967
the Livonia Water Supely System or which are converted to the approved water
conserving type during the air conditioning season, shall be subject to the
demand charge as follows:
Disconnected or converted prior
to May 1 No charge;
Disconnected or converted between
May 1 and June 30 1/4 of annual charge;
Disconnected or converted between
July 1 and July 31 1/2 of annual charge;
Disconnected or converted between
August 1 and Sept. 30 3/4 of annual charge;
After September 30 Entire annual charge;
(g) Approved Type - Use of Water for Cooling. Users of air conditioning
equipment of the approved water conserving type, may if they so elect, use
water as the cooling medium without recirculation between October 1 and May 1,
without causing such use of equipment to become subject to the demand charge.
(h) Rated Capacity. The capacity of a unit in tons shall be the greatest
of the following:
iee 1. The manufacturer's rating in tons per 24 hr. of equivalent ice-
making capacity.
2. The 2L. hr. BTU rating of heat removal capacity divided by 288,000.
3. The horsepower rating of the motor driving the refrigerant compressor.
ii. Nine-tenths of the horsepower rating of a motor driving both com-
pressor and fan.
5. Where none of the above ratings is available, or where question
arises as to the accuracy of any rating, the rating shall be determined by
measurement of power input to the compressor motor, the rate of fuel con-
sumption, or other suitable means.
(i) Approved Water Conserving Type. Approved water conserving type
shall be one:
1. Which is equipped with cooling tower, atmospheric condenser, spray
pond, or other equipment which shall directly or indirectly cool refrigerant,
and
2. Which can use water from the Livonia Water Supply System only for
makeup water to replace water lost by evaporation or by flushing of the
equi»ment, and
3. Which uses an average of less than 12 gallons of water from the
Livonia Water Supply System per hour per ton of cooling capacity when the
unit is operating, and
Page 1968
4. Which has no piping connection to allow operation of the air
conditioning unit by direct use of water from the Livonia Water Supply
System either in conjunction with or in place of such cooling tower,
atmospheric condenser, spray pond, or other recirculating and heat-
exchanging equipment, except as provided for in the preceding section
hereof.
Section 2. Section 10 of Ordinance No. 143, as amended, of the City of Livonia,
Down as the "Water Supply System Ordinance," is hereby amended to provide as follows:
Section 10.
(a) No free service shall be furnished by said System to any person,
firm or corporation, public or private, or to any public agency or
instrumentality.
(b) The rates hereby fixed are estimated to be sufficient to provide
for the payment of the expenses of administration and operation and such
expenses for maintenance of said System as are necessary to preserve the
same in good repair and working order, to provide for the payment of
interest upon and the principal of all the bonds as and when the same
become due and payable, and the creation of the bond reserve therefor
required by this Ordinance, and to provide for such other expenditures
and funds for said System as this Ordinance may require. Such rates shall
be fixed and revised from time to time as may be necessary to produce these
amounts, and it is hereby covenanted and agreed at all times to fix and
maintain such rates for services furnished by the System as shall be
sufficient to provide for the foregoing.
Section 3. All other 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 affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance w as 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 AMEIDING SECTION 3.7 OF CHAPTER III
OF ORDINANCE NO. 166, THE TAXICAB ORDINANCE, OF
THE CITY OF LIVONIA.
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 3.7 of Chapter III of the Taxicab Ordinance, Ordinance
No. 166, of the City of Livonia, is hereby amended to read as follows:
Page )4969
Section 3.7. Indemnity Bond and Liability Insurance.
(a) No license to operate a taxicab service or motor vehicle for
hire service shall be issued or continued in operation, and it shall
be unlawful for any person to drive or operate or cause to be operated
any taxicab or motor vehicle for hire upon any street unless the owner
thereof shall file with the City Clerk a certificate of insurance or
duplicate policy of insurance, which insurance policy shall insure the
owner or operator of such taxicab or motor vehicle for hire against any
and all claims for damage arising out of any bodily injury received or
suffered by any person or persons by reason of the operation of such
taxicab or motor vehicle for hire, and which injury or damages are a
legal liability of the owner or operator of such taxicab or motor vehicle
for hire; such insurance for bodily injury to be in the minimum amount
of Fifty Thousand Dollars ($50,000.00) for any one person and One Hundred
Thousand Dollars ($100,000.00) for any one accident; and such insurance
policy shall also insure the owner or operator of such taxicab or motor
vehicle for hire against any and all claims for damages arising out of
any injury to property suffered by any person or persons by reason of
the operation of such taxicab or motor vehicle for hire which injury
or damages are a legal liability of the owner or operator of such taxi-
cab or motor vehicle for hire; such insurance for property damage shall
be in the minimum amount of Fifty Thousand Dollars ($50,000.00) for one
accident. Any policy of insurance issued and filed pursuant to the
provisions of this ordinance shall provide therein that the same shall
L not be cancelable by either the insurer or the insured except upon the
giving of notice in writing to the City of Livonia of such cancelation
twenty (e0) days prior to the effective date thereof. The filing of
such certificate of insurance shall be subject to the auproval of the
City Attorney as to the form and sufficiency thereof.
(o) In lieu of the filing of a certificate of insurance or
duplicate policy of insurance, as hereinbefore provided, any person
owning or operating one or more taxicabs or motor vehicles for hire
upon any street in the City of Livonia may file with the City Clerk
an indemnity bond in the amount and penal sum of Forty Thousand Dollars
($40,000.00), which shall be conditioned upon the prompt payment of all
claims for damages arising out of bodily injury received or suffered
by any person or persons by reason of the operation of such taxicabs
or motor vehicles for hire, or any and all claims for damages arising
out of any injury to property suffered by any person or persons by
reason of the operation of such -taxicabs or motor vehicles for hire,
which injury or damages are a legal liability of the owner or operator
of such taxicabs or motor vehicles for hire; such indemnity bond shall
inure to and be for the benefit of aly person or persons receiving or
suffering such bodily injury or property damage. Such bond shall be
subject to the approval of the City Attorney as to form and sufficiency
thereof.
Section 2. 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 3. Should any portion of this ordinance be held invalid for any
Page 1970
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.
The letter dated September 9, 1961, from the Clarenceville Public Schools
regarding a pedestrian Bridge across Rouge to Botsford School, 'ins received and
placed on file.
Councilman Salvadore was excused at 11:14 P. M.
By Councilman Ponder, seconded by Councilman Kleinert and unanimously
adopted, it was
#615-61 RESOLVED that, having considered the report }m1 recommendation
of the City Planning Commission, dated July 28, 1961, with regard to
Petition No. Z-511, as amended, submitted by Goldman and Grabow for
J. Menuck, Paris Home Builders, for change of zoning in the Southeast
1/14 of Section 18 from R-L-A and R-3 to RM only, the Council does hereby
concur with the recommendation of the Planning Commission insofar as
that property presently zoned R-L-A is hereby changed to I1 and said
Petition No. Z-511, as amended, is approved; and the Department of Law
is herein instructed to prepare an ordinance to amend Ordinance No. 60
in accordance with this resolution.
By Councilman Kleinert, seconded by Councilman Ponder and unanimously
adopted, it was
#61.6-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated July 28, 1961, in regard to Petition
No. Z-503 submitted by Earl Dahlin and others, for change of zoning in the
Southwest 1/4 of Section 23 from RUF to R-L-A, the Council does hereby
concur with the aforementioned recommendation and the said Petition No.
Z-503 is approved; and the Department of Law is herein instructed to pre-
pare an ordinance amending Ordinance No. 60 in accordance with this
resolution.
By Councilman Kleinert, seconded by Councilman Ponder and unanimously
adopted, it was
#61.7-61 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated July 28, 1961, in regard to Petition
No. Z-509 initiated by the City Planning Commission on its own motion to
rezone certain property in the South 1/2 of Section 23 from RUFB to RLA,
which petition was subsequently amended by Planning Commission resolution
#6-113-61 adopted on June 20, 19b1, so as to eliminate from the des cription
Page 4971
in the original petition the property within the Lyndon Meadows Subdivision
3 and 4, the Council does hereby concur in the recommendation of the City
Planning Commission and the said Petition No. Z-509, as amended, is granted;
and the Department of Law is herein instructed to prepare an ordinance
amending Ordinance No. 60 in accordance with this resolution.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#648-61 RESOLVED that,having considered the communication from the
Council President, dated September 8,1-61, and in accordance with the
recommendations contained therein, the Council does hereby direct the
Department of Law to prepare an amendment to the Financial Ordinance,
Ordinance No. 216, to provide for the certification by the City Clerk and
approval by the Budget Director and Council President of all names appear-
ing on the General Payroll.
By Councilman McCann, seconded by Councilman Ponder and unanimously
adopted, it was
#649-61 RESOLVED that, having considered the communication from the
Council President, dated September 8, 1961, the Council does hereby re-
quest that the City Auditor prepare and submit to the City Council a
ime detailed audit for the current fiscal year of all City payrolls, and it
is requested that such audit include such pertinent and relevant data
together with the present status of each employee whose name appears on
such payroll.
The President appointed the following Committee to establish policy regard-
ing the Council 's future actioh in connection with Class C liquor licenses:
Councilman James R. McCann
Councilman John T. Daugherty
Councilman Austin T. Grant.
The report of the Municipal Court for the month of August, 1961, was re-
ceived and placed on file.
By Councilman Kleinert, seconded by Councilman Daugherty, it was
#650-61 RESOLVED that, having considered the communication from the
Budget Director, dated September 8, 1961, requesting a transfer of certain
sums ih order to pay the City's share of the cost for the Merriman Road
paving project, from Plymouth Road to Schoolcraft Road, the Council, pur-
suant to the contract executed between the City and the Wayne County Road
Commission on November 13, 1959, and Council resolution #465-60, adopted
on August 8, 1960, does hereby transfer the sum of $20,000.00 from the
Page !4972
Working Capital Account of the Capital Improvement Program to the Road
Improvement Account of the Capital Improvement Program, and a sum not
exceeding $53,000.00 is hereby authorized to be paid to the Board of Wayne
arm
County Road Commissioners, County of Wayne, from the Road Improvement
Account of the Capital improvement Program to complete the payment of
the City's share of the Merriman Road Paving Project; and the City Clerk
and City Treasurer are hereby authorized to do all things necessary to
the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann, it was
#651-61 RESOLVED that, having considered the report and recommendation
of the Superintendent of Operations Division, dated September 14, 1961,
approved by the Mayor and Director of Public Works, the Council does hereby
accept the bid of State Plumbing & Heating Supplies, Inc., 2501 Fenkell
Avenue, Detroit 38, Michigan, for supplying copper tubing to the City of
Livonia for the following stated unit prices, such having been in fact the
lowest bid received for this item:
10,000 feet, more or less, of 3/14" copper tubing @ 33¢ per foot; and
2,400 feet, more or less, of 1" copper tubing @ 47-1/40 per foot.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann, it was
#652-61 RESOLVED that, having considered the letter from the Livonia
Public Schools, dated September 14, 1961, and the resolution of the
Livonia Board of Education, adopted on September 7, 1961, the City Council,
for and on behalf of the City of Livonia, does hereby accept the offer of
the Livonia Public Schools to dedicate for street purposes the North 30
feet of Parcel 35G1b on Robert Drive from Henry Ruff to Sunset Avenue and
such parcel being more particularly described as follows:
A parcel beginning at a point distant N. 0 degrees 8 minutes
13 seconds W. 670.0 feet and due W. 43.0 feet from the center
1/4 corner and proceeding thence due W. 607.15 feet; thence S.
0 degrees 8 minut.s 13 seconds E. 30 feet; thence E. 607.15 feet;
thence 0 degrees 8 minutes 13 seconds W. 30 feet to the point of
beginning;
provided further, that upon receipt of a Quit Claim Deed from the Livonia
Public Schools conveying such property to the City of Livonia, the City
Clerk is hereby authorized to cause the same to be recorded with the Wayne
County Register of Deeds and to do all other things reasonably necessary
and incidental to the full performance of this resolution.
Page 4973
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, McCann, Daugherty, Ponder and Bagnall.
NAYS: None.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#653-61 RESOLVED that, the request dated September 13, 1961, from
Bethany Baptist Church to hold open air services is hereby referred
to the Director of Public Safety for report and recommendation.
Councilman Jack Salvadore returned at 11330 P.M.
On motion of Councilman McCann, seconded by Councilman Daugherty and
unanimously adopted, this 343rd regular meeting of the Council of the City of
Livonia was duly adjourned at 11:35 P. M., September 18, 1961.
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