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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-10-06 Page 3605 MINUTES OF THE TWO HUNDRED FIFTY-NINTH REGULAR MEETING OF THE HE COUNCIL OF TCITY OF LIVONIA On october 6, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:28 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall„ Rudolf R. Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- None. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #639-58 RESOLVED that, the minutes of the 258th regular meeting of the Council of the City of Livonia held SepteMber 29, 1958, are hereby ap- proved. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #640-58 RESOLVED that, the letter da-Vd. September 25, 1958 from the Mayor and resolutions from Sumpter Township Board are hereby received and placed on file. By CounclmanBagnall, seconded by Councilman Sasser, it was #641-58 RESOLVED that, the Council does hereby approve of the land contract by aad between the City of Livonia and Walter Muller and Jose Rabinovich and the conditions attached thereto submitted by the Department of Law pursuant to Council resolution #571-58, which contract is for the purchase of a 1.59 acre parcel on the west side of FarmingtonRoad north of Seven Mlle Road, anu pursuant to the request of Walter Muller dated September 30, 1958, the Council does hereby approve of adding to paragraph (m) of such contract the language "and if purchaser permits seller to tap into said sanitary sewer conditioned only on payment by seller of the usual charges for such tapping;" and the Mqvor and City Clerk are herein authorized to do all things necessary to the full performance of this resolution; provided further, that the sum of $500.00 is hereby trans- ferred from the Unappropriated Surplus to the Land Acquisition Account of the budget for the purpose of making the down payment required by the terms of the above land contract. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, C'Neill,Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. Page 3606 The Ordinance entitled "An Ordinance Combining All Sewage Disposal Facilities of the City of Livonia Into a Single Sewage Disposal System; Providing for the Maintenance and Operation of said System on a Public Utility Basis; Provid- ing for the Fixing and Collection of Rates and Charges to Users and Beneficiaries of said System and Certain Storm Sewers Constructed; Providing for the Allocation and Use of the Revenues Derived from the Collection of such Rates and Charges; Prohibit- ing Unauthorized Connections: Providing Penalties for the Violation Thereof, and Repealing Certain Prior Ordinances," introduced by Councilman Sasser September 29, 19580 was taken from the table for consideration by the Council. nrs. Dorothy Bruce spoke in opposition to the proposed Ordinance. Council President Grant relinquished the Chair to Vice President McCann at 8:40 P. M. By CouncilmanGrant, seconded by Councilman O'Neill, it was #642-58 RESOLVED that, consideration of the proposed revision of Ordinance No. 115 be tabled for further study at the next regular meeting of the Council, October 20, 1958. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert and Grant. NAYS: Sasser, Salvadore and McCann. The Vice President declared the resolution adopted. The President resumed the chair at 8:44 P. M. The Ordinance entitled "An Ordinance Amending Section 10.02 of Article 10.00 of Ordinance No. 60, as amended, entitled 'Zoning Ordinance of the City of Livonia'," introduced by Councilman Kleinert September 29, 1958, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McCann, 0 Ilk Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. Page 3607 L The President declared the ordinance duly adopted and would become ef- fective on date of publication. By Councilman Sasser, seconded by Councilman Salvadore, it was #643-58 RESOLVED; that WHEREAS, pursuant to the direction of the Council, the City Assessor of said City of Livonia, has prepared and reported to the Council the assessment roll covering and containing the special assessment assessed and levied, respectively, in proposed special assessment district, as here- tofore established for the construction of road drainage improvements in said district as designated in resolution #569-58 heretofore adopted by the Council; THEREFORE, BE IT RESOLVED that, the said roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination and that the City Clerk be and hereby is directed to give notice pursuant to the provisions of Ordinance No. 31 of the City, as amended; 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 at 8:00 o'clock P.M. on October 21, 1958, to review the said Special Assessment Rolls at which time and place opportunity will be given to all persons interested to be heard; IT IS FURTHER RESOLVED that, the City Clerk give notice of said hearing, by causing a copy of this resolution to be published once in a newspaper published and circulated in said City, at least ten (10) days prior to the date of October 21, 1958, and that the City Clerk also give notice of said hearing by sending written notice thereof to each property owner subject to special assessment by reason of said improvements; the addresses of said property owners to be taken from the latest tax assess- ment roll in the City Assessor's office. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. Marie W. Clark, City Clerk, read a letter dated October 6, 1958, from the Mayor regarding proposed amendment to Ordinance No. 60 requiring minimum of 70 foot lots in certain sections of the City. Councilmen Salvadore, Sasser and McCann were excused at 8:57 P. M. The City Clerk read a letter dated October 3, 1958 from the Metropolitan Builders Association of Detroit, opposing the proposed ordinance. Pare 3608 Councilmen Salvadore, Sasser and McCann returned at 9:05 P. M. Marie W. Clark, City Clerk,read a letter from the City Attorney, and a letter dated October 6, 1958, addressed to Councilman James R. McCann, from William Griffith, President of Chicago Heights Civic Association, in favor of the proposed ordinance. By Councilman Sasser, seconded by. Councilman McCann and unanimously adopted, it was #644-58 RESOLVED that, Petition No. Z-294, tabled at a meeting held September 15, 1958, in resolution #576-58, be taken from the table for reconsideration at this time. By Councilman McCann, seconded by Councilman Salvadore, it was #645-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated August 25, 1958, as to Petition No. Z-294 initiated by the City Planning Commission in regard to amending Section 4.o5 of Article 4.00 of the Zoning Ordinance, Ordinance No. 60, the Council does hereby approve of said petition insofar as the proposed ordinance affects Sections 4 through 9, inclusive, and 16 through 21, in- clusive, of the City of Livonia; and the Department of Law is hereby in- structed to prepare an ordinance amending the above section of the Zoning Ordinance so as to require minimum lot widths of 70 feet and lot areas of 8400 square feet in those sections enumerated above; provided, however, that such ordinance as drafted shall not in any way change present frontage and area requirements in the remaining sections of the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bagnall, Kleinert, Sasser and Salvadore. NAYS: O'Neill and Grant. The President declared the resolution adopted. Councilman McCann read and introduced the following emergency Ordinance: NO. AN ORDINANCE ATENDING SECTION 4.05 OF ARTICLE 4.00 OF ORDINANCE NO. 60, AS AiMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Page 3609 Section 1. Section 14.05 of Article 4.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of theCity of Livonia," is hereby amended to read as follows: Section 4.05. Minimum Lot Size and Width. The size and minimum width of each residential lot on which or in relation to which any building or use is affected by the provisions of this ordinance shall not be less than (a) as to all lots within Sections 34, 35 and 36 of the City of Livonia, sixty-six hundred (6600) square feet in area and fifty- five (55) feet in width; (b) as to all lots within Sections 1, 2, 3, 10, 11, 12, 13, 14, 15 and 22 through 33, inclusive, of the City of Livonia, seventy- two hundred (7200) square feet in area and sixty (60) feet in width; (c) as to all lots within Sections 3 through 9, inclusive, and Sections 16 through 21, inclusive, of the City of Livonia, eighty- four hundred (8400) square feet in area and seventy (70) feet in width; (d) the area and minimum width fixed by ordinances of the City of Livonia; and L (e) the area and minimum width fixed by. the Subdivision Regula- tions„ and the rules and decisions of the City Planning Commission; provided, however, that in passing upon or approving any proposed plat of a new subdivision, and in order to avoid a hardship or injustice, the City Planning Commission is authorized to reasonably construe such minimum widths of fifty-five (55), sixty (60) and seventy (70) feet as the average width of the lots within such plat; and, provided further, that the provisican of this section shall nt apply to a lot, or a piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this ordinance. Section 2. The provisions of this ordinance shall not be applicable to nor apply to any lot, or piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this ordinance and the provisions of this ordinance shall not be applicable to subdivision plats that have received approval of the City Planning Commission prior to the ef- fective date of this ordinance. Section 3. A 11 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 portion of this ordinance. Section 5. This ordinance is hereby deolar,d to be an emergency ordinance, Page 3610 necessary to the protection of the public health, safety and welfare, and shall become effective immediately on publication. The President relinquished the chair to the Vice Pre ee en!-, et 9:214 to speak in opposition of the proposed ordinance. By Councilman ]rant, Seconded esr Councilman O'NeiLl, it was RESOLVFD that, the proposed ordinance a -tending Section )4.05 of Article 14.00 of Ordinance No. 60 be tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES : O'Neill and Grant. NAYS: Bagnall, neinert, Sasser, galvadore and McCann. The Vice President declared the resolution deni.ed. The President resumed the chair at 9:2P P. M. A roll call vote was conducted on the propos c d Ordinance with the following result: AYES: McCann, Kleinert, Sasser and Salvadore. NAYS: O'Neill, Bagnall and rant. The President declared the foreaoeng ordinance defeated, pursuant to the provisions of Chapter IV, Section 29, sub-paragraph (d) of the City Charter. A recess was called at 9:38 P. M., after ,ahich the meeting resumed with all members present who were naled as present in the oribinal roll call of this meeting. By Councilman Sasser, :seconded by Councilman McCann and unanimously adopted, it was #646-58 FESOLVED that, having considered the request from the Rouge Building Company dated 'leptenber 26, 1958, in regard to the proposed street widths in Barton Hollow Estates Subdivision No. 2, the Council, pursuant to the provisions of Section 13 of.' the Plat Ordinance, Ordinance No. 135„ as emended, does hereby authorize the installation of the follow- ing improvements in Burton Hollow Estates Subdivis,Lon No. 2: Concrete paving 27 feet wide with integral curbs; 16 foot service drives and 31 foot cul-de-sacs with 30 foot turning radius; provided, however, that this approval and authorization is expressly conditioned upon the replatting Page 3611 of Burton Hollow Estates Subdivision No. 2 so that at least 80% of the lots in said subdivision will have a minimum frontage of 80 feet; and provided, further, that in the event such plat is not replatted, then the authorization and approval contained herein shall be null and void and of no effect whatsoever. By Councilman Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was #6L7-58 RESOLVED that, the communication from the City Planner dated September 26, 1958, in regard to yard requirements in R-3 Districts, is hereby referred to the Department of Law for the immediate preparation of an ordinance amending the Zoning Ordinance in accordance with the re- commendations of the City Planner in said letter. By Councilman Bagnall , seconded by Councilman Kleinert and unanimously adopted, it was #648-58 RESOLVED that, pursuant to a letter from the Michigan Liquor Control Commission dated August 27, 1958, and having considered the re- commendation of the Livonia Police Department dated September 26, 1958, the Council does hereby approve of the request from John Hartman and Edmund F. Kalko to transfer location of a 1958 Class C license from 34001 Plymouth Road to 13401 Middle Belt Road, City of Livonia. By Councilman Salvadore, seconded by Councilman McCann, it was #6L9-58 RESOLVED that, having considered the communication from Civil Service Commission dated September 26, 1958, the Council does hereby con- cur with and approve of the establishment of the classific ation of Library Page and the salary for such classification of $1.25 per hour. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, OtNeill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. By Councilman Bagnall, seconded by C ouncilman Sasser, it was #650-58 RESOLVED that, having considered the request of the Police Com- missioner dated September 25, 1958, and approved of by the Budget Director and the Mayor, the Council does hereby transfer the following suns to the following account: $500.00 from PD Acct. #26 to PD Acct. #22 150.00 from PD Acct. #35 to PD Acct. #22 350.00 from PD Acct. #39 to PD Acct. #22; the purpose of such transfers being to provide funds for necessary repairs on police motor vehicles. Page 3612 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bt 7nall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall, it was #651-58 RESOLVED that, having consiiered the request from the Chief In- spector and Director of Public Works dated September 26, 1958, and approved of by the Budget Director and the Mayor, the Council does hereby transfer the sum of $200.00 from ID Acct. #9 (printing) to ID Acct. #5 (car allowance) and the Council does also hereby transfer from the Unappropriated Surplus the sum of $100.00 to ID Acct. #5 (car allowance) and the sum of $500.00 to ID Acct. #1-R (Salary-Refrigeration Inspector); the purpose of such ap- propriations being to enable the City of Livonia to maintain proper in- spection of refrigeration installation throughout the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. Councilman Sasser introduced the following Ordinance: NO. AN ORDINANCE VACATING PORTIONS OF STREET, AI.T,EY AND PUBLIC GROUND. THE CITY OF LIVONIA 0 I)AINS: Section 1. The reports and recommendations of the City Planning Commission dated June 26, 1958 on Petition No. V-30, dated July 21, 1;58 on Petitions No. V-31 and V-32, dated August 27, 1958 on Petition No. V-33 and dated September 15, 1958 on Petitions No. V-34 and V-35, for vacating portions of certain streets, alleys and public ground, are hereby accepted and adopted and the Council does hereby approve all proceedings on said petitions, it appearing that public hearings thereon were duly held on June 17, 1958, July 15, 195 , August 19, 19583 and September 9, 1958, as provided by law and that proper notices of such hearings 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 Ground," as amended by Ordinance No. 50, the following portions of certain streets, alleys and public ground are hereby vacated: (a) Those portions of alleys described in Petition No. V-30, as amended, being more particularly described as the alleyways to the rear of Lots No. 1 through 5, and Lots No. 1)45 through No. 181 ; Lots No. 217 through No. 256, and Lots 276 through 311, in Beverly Gardens Subdivision, situated in the Northwest 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Michigan; provided, however, that there be and hereby is reserved an easement the full width of the vacated alley (18 feet) for Page 3613 public utilities and surface drainage, and subject to the approval of the utility companies and the Enbi Bering Division of the City of Livonia. (b) Those portions of: alleys described in Petition No. V-31, being more particularly described a. the alley located between Inkster Road and Rensellor Blvd., from Pembroke to Seven Mile Road (north-south alley), and the alley south of Lots No. 66 through No. 78, Lots No. 183 through No. 194, Lots No. 299 tirough No. 310 and Lots No. 415 through No. 420 (east- west alley), and situated in the East 1/2 of the Southeast 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Michigan ;erovided, however, that there be and hereby is reserved an easement the full width of such alleys (18 feet) for public utilities and surface drainage; and provided further, that the alleys north of and parallel to Seven Mile Road shall not be affected by this resolution. (c) That certain alley described in Petition No. V-32, being more particularly described as the north-south alley located between Dover Avenue and vacated Cathedral Avenue between Lots No. 155 through No. 169 and Lots No. 205 through No. 219 in Bonaparte Gardens Subdivision, situated in the South 1/2 of the Southeast 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Michigan ; provided, however, that there be and hereby is reserved an easement the full width (18 feet) of the present alley for public utilities and surface drainage. (d) That certain alley described in Petition No. V-33, being more particularly described as the alley which runs from Dover Street to Grandon Street and bounded on the East by Danzig and Henry Ruff on the West, in the Bonaparte Gardens Subdivision, situated in the Southeast 1/4 of Section 35, T. 1 S., R. 9 E., City of Livoni_a,Michigan; provided, however, that there be and hereby is reserved an 18 foot easement for public utilities and surface drainage. (e) That certain alley described in Petition No. V-34, being more particularly described as the alley bounded by Pickford on the North, and Curtis on the South, Farmington on the West and Westmore on the East in the Garden Grove Subdivision in the Northwest 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia, Michigan; provided, however, that there be and hereby is reserved an easement the full width of the present alley, for public utilities and surface drainage. (f) Those portions of alleys described in Petition No. V-35, being more particularly described as the alley between Lots No. 278 and No. 279 and facing Farmington Road, and also the alley between Lots No. 275 and No. 282 and siding Myrna Drive, in the Southeast 1/4 of Section 16, T. 1 S., R. 9 E., City of Livonia, Michigan; provided, however, that thers be and hereby is reserved an easement the full width of the present alley, for public utilities and surface drainage. Section 3. All other ordinances or parts of ordinances in conflict here- with are herebyrepealed 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 any of the remaining portions of this ordinance. rage j014 The foregoing ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Sasser introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTIONS 1, 2, 3, 9, 16, 26 AM 36 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 3.171, 3.172, 3.173, 3.174, 3.175, 3.176, 3.177 AND 3.178. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated December 20, 1957 on Petition No. Z-240, as amended; dated August 26, 1958 on Petitions No. Z-289 as amended, and No. 291; dated August 27, 1958 on Petitions No. Z-299 and No. Z-298; and dated August 28, 1958 on Petitions No. Z-214a, No. Z-309 and No. Z-293, having been considered by the Council, the Council hereby adopts said petitions to anend the Zoning Ordinance and Zoning Map of the City of Livonia, and all proceedings heretofore conducted on said petitions are hereby approved. 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 3.171. Petition No.Z-240 of Daniel Bzovi and Thomas Pascu, as amended and revised by letter dated December 16, 1957 from Irwin I. Cohn, authorized representative of said petitioners, is hereby granted and the zoning classification of the premises described in said amended petition is hereby changed from RUFB to 14-1 (Light Manufacturing) and P (Parking) as requested in said amended petition, and the Northeast 1/4 of Section 26 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.172. Petition No. Z-289, as amended,of Thomas and Mary Roperti, is hereby granted and the zoning classification of the premises described in said amended petition is hereby changed from AGB to R-3 as requested in said amended petition, and the Southwest 1/4 of Section 16 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.173. Petition No. Z-291 of Eskay Homes, Inc., is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUF to R-1-B as requested in said petitions and the Southeast 1/4 of Section 2 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.174. Petition No. Z-293 of Guy D. Morris and Josephine A. Morris, is hereby granted and the zoning classification of the premises described in said petition is hereby changed from C-1 to C-2 as requested in said petition and the Northeast 1/4 of Section 9 of the Zoning Yap is hereby amended to conform to the change made in this section. Page 3615 Section 3.175. Petition No. Z-299 of Carey Homes, Inc., is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to R-1-B as requested in said petition and the Southwest 1/4 of Section 1 of the Zoning Map is hereby anended to conform to the change made in this section. Section 3.176. Petition No. Z-298 of Margaret Osmun, is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to R-2 as requested in said petition, and the Southwest 1/4 of Section 36 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.177. Petition No. Z-214a of Dr.Harley J. Robinson, Ardmore Convalescent Homes, is hereby granted and the zoning classification of the premises described in said petition is hereby changed from RUFB to PS as requested in said petition, and the West 1/2 of Section 3 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.178. Petition No. Z-309 initiated by the City Planning Commission on its own motion, is hereby granted and the zoning classifica- tion of the premises described in said petition is hereby changed from RUFB to C-2 as requested in said petition, and the Southwest 1/4 of Section 1 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 42 of the Zoning Map of the City of Livonia," showing all of the amendments and changes made in the f ore- going Section 2 of this ordinance, is hereby approved, established and made a part thereof. 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. By Councilman Salvadore, seconded by Councilman McCann, it was #652-58 RESOLVED that, pursuant to the recommendation of the Budget Director dated October 2, 1958, the Council does hereby transfer from the Unappropriated Surplus to Legislative Account No. 53 (Recreational Committee Expense Account), the sum of $202.814 for the purpose of com- pensating Dr. L. W. Olds for his services in preparing a recreational survey for the City of Livonia and in accordance with the previous in- tention of the Council in resolution #430-58 adopted on July 14, 1958. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. Page 3616 By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #653-58 RESOLVED that, the proposed amendment to Section 4.05 of Article 4.00 of Ordinance No. 60, with amendments, be referred to the City Plan- ning Commission for a public hearing, with report and recommendation thereon to be submitted to the Council by Noverber 3, 1958. On motion of Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, this 259th regular meeting of the Council of the City of Livonia was duly adjourned at 10:10 P. M., October 6, 1958. -6" ( - W. Clark, CityC erk _,/