HomeMy WebLinkAboutCOUNCIL MINUTES 1958-10-20 Page 3618
MINUTES OF THE TWO HUNDRED SIXTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 20, 1958, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximate]y 8:26 P. N.
Councilman Salvadore delivered the invocation. Roll was called with the f ollowig
results 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 Bagnall, seconded by Councilman McCann and unanimously
adopted, it was
#654-58 RESOLVED that, the minutes of the 259th regular meeting of the
Council of the City of Livonia held October 6, 1958, are hereby approved.
By Councilman Kleinert, seconded by Councilman McCann, it was
#655-58 RESOLVED that, pursuant to the report and recommendation of
the Superintendent of Operations Division and Director of Public Works
dated October 13, 1958, the Council does herein accept the bid of the
Broquet Tractor and Equipment Company, 26770 Grand River, Detroit 40,
Michigan, for supplying the City with one Fordson Major Diesel Tractor
at their submitted bid of $9,390.00 (without trade-in) or $8,070.00 (with
trade-in), such having been in fact the lowest bid received; and the City
Clerk is herein 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: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#656-58 RESOLVED that, pursuant to the report and recommendation of the
Superintendent of Operations Division and Director of Public Works dated
October 13, 1958, the Council does hereby accept the f.o.b. bid of the
Great Lakes Asphalt and Petroleum Company, 12!460 Stocker, Detroit, Michigan,,
and the delivered bid of Leonard Refineries, Inc., Alma, Michigan, for supply-
ing to the City of Livonia MC-0, MC-1 and MC-3, the first bid above being
accepted because there will accnue to the City a savings in transportation
and pick-up expense; and further the Council accepts the bid of Allied
Materials Corporation, 5200 E. Nevada, Detroit, MFichigan, for supplying to
the City AE-1 and AE-3 at their delivered price of $.1369 per gallon, such
bid being accepted because there will accrue to the City a savings in trans-
portation and pick-up expense; and the City Clerk is herein authorized to
do all things necessary to the full performance of this resolution.
Page 3619
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman McCann, seconded by Councilman Salvadore, it was
#657-58 RESOLVED that, pursuant to the report and recommendation of the
Superintendent of Operations Division and Director of Public Works dated
October 13, 1958, the Council does hereby accept the bid of Tennyson
Chevrolet, Inc., 32570 Plymouth Road, Livonia, for supplying the City of
Livonia with one (1) ton panel truck at their submitted bid of $2,227.55,
such having been ,in fact the lowest bid received; and the City Cleric is
herein authorized to do all things necessary to the full performance of
this resolution.
A roll call vote was taken on the foregoing resolutl on with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Sasser, it was
#658-58 RESOLVED that, pursuant to the report and recommendation of the
Superintendent of Operations Division and Director of Public Works dated
October 13, 1958, the Council does hereby accept the bid of Bill Brown Sales,
Inc., 32222 Plymouth Road, Livonia, for supplying the City of Livonia with
two dump trucks at their submitted total price of $6,774.72, such having
been in fact the lowest bid received; and the City Clerk is herein authorized
to do all things necessary to the full performance of this xesoluti m.
A roll call vote was taken on the foregoing resolution with the f ollowirg result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By CouncilmanSasser, seconded by Councilman Bagnall, it was
#659-58 RESOLVED that, having considered the request of the City Clerk
dated October 13, 1958, and approved by the Mayor, the Council does hereby
approve of a transfer of funds in the Election Commission Budget Account
as follows::
$275.00 from EC-1P to EC-1A
$350.00 from EC-1P to EC-1C;
the purpose of such transfer being to cover added expenses due to the
creation of two additional election precincts.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
Page 3620
Councilman Sasser introduced the following emergency Ordinance:
lim NO. 224
AN ORDINANCE COMBINING ALL SEWAGE DISPOSAL FACILITIES OF THE
CITY CF LIVONIA INTO A SINGLE SEWAGE DISPOSAL SYSTEM; PROVID-
ING FOR TIE MAINTENANCE AND OPERATION OF SAID SYSTEM ON A
PUBLIC UTILITY BASIS; PROVIDING FOR THE FIXING AND COLLECTION
OF RATES AND CHARGES TO USERS AND BENEFICIARIES OF SAID SYSTEM
AND CERTAIN STORM SEWERS CONSTRUCTED; PROVIDING FOR THE ALLOCA-
TION AND USE OF THE REVENUES DERIVED FROM THE COLLECTION OF
SUCH RATES AND CHARGES; PROHIBITING UNAUTHORIZED CONNECTIONS,
PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING
CERTAIN PRIOR ORDINANCES.
WF AS, the City of Livonia has heretofore acquired and is now operating
and maintaining separately identified sewage disposal systems in said City identified
as follows:
(a) Sewage Disposal System No. I, consisting of those facilities
specified in Ordinance No• 26 of the City of Livonia, as amended,
duly adopted on January 29, 1951, which facilities are located in
the southeast portion of the City.
(b) Sewage Disposal System No. II, consisting of those facilities
specified in Ordinance No. h2 of the City of Livonia, duly adopted
on January 21, 1952, which facilities are located in the Southwest
portion of the City.
That said facilities have been constructed and are in operation in said
City, and users of said facilities are paying rates and charges for the services
furnished as specified in said ordinances. That revenue bonds in the aggregate
principal amount of $770,000.00 were issued to pay the cost of sewage facilities
in Sewage Disposal System No. I, and in the aggregate principal amount of $325,000.00
to pay the cost of the sewage facilities in Sewage Disposal System No. II;
AND WHEREAS, pursuant to the contract with the Board of County Road Commissione
of the County of Wayne, acting for and in behalf of the County of Wayne, dated as of
March 21, 1955, and supplemental contract dated as of August 2i , 1955, (both herein-
after referred to for brevity as “Contract“), the City will acquire additional major
sewer and sewage disposal facilities in the central and northeast sections of the
City described with particularity and detail in said contract entered into pursuant
to the provisions of Act 312, Public Acts of Michigan, 1939, as amended; and
WHEREAS, under the authorization contained in the above-described contract
and Act 312, Public Acts of Michigan, 1939, as amended, the County of Wayne, by action
of its Board of Supervisors has adopted the necessary ordinance providing for the
issuance of Wayne County Metropolitan Sewerage and Sewage Disposal Sysedm Bonds
(Livonia Section) in the aggregate total principal amount of $6,700,000.00 to provide
funds to (a) pay the cost of new sewers and sewage disposal facilities in the Central
and Northeast sections of the City, and (b) refund the outstanding revenue bonds as
follows: Sewage Disposal System No. I, outstanding bonds $690,000.00 plus call pre-
miums of $10.00 per bond; Sewage Disposal System No. IU,outstanding bonds $300,000.00
plus call premiums of $30.00 per bond; and
Page 3621
WHEREAS, under the terns of said contract and ordinance the full faith and
credit of the City of Livonia have been pledged to paayment of said Wayne County
Metropolitan Sewerage and Sewage Disposal System Bonds Livonia Section; and
WHEREAS, under the provisions of said Act 312, Public Acts of Michigan, 1939,
as amended (Section 5 (a) thereof), the City has several optional means of raising
the necessary funds to meet the obligation of its contractual full faith and credit
pledge; and
WHEREAS, in the judgment of the City Council of the City of Livonia it is
to the best interest of the City and its citizens that all sewers and sewage disposal
facilities in the City of Livonia be combined and operated in the future as a single
sewer system an a public utility basis, and that the users and beneficiaries of said
system pay uniform and reasonable rates and charges for the services furnished by
said system in order to provide funds to as far as possible operate and maintain the
system, and to pay indebtedness incurred for additions, extensions and improvements
thereto, heretofore or hereafter incurred for such purposes, which method is authorized
by the provisions of Act 342, Public Acts of Michigan, 1939, as amended (Section 5 (a).
THE CITY OF LIVONIA ORDAINS:
ARTICLE I - DEFINITIONS
Section 1.1 - BENEFICIARIES. The term "beneficiaries," as used herein,
shall be construed to mean and be limited to those lands and premises either front-
ing on, or traversed by, the storm sewers to be constructed pursuant to the provisions
of the contract.
Section 1.2 - BONDS. The term "bonds," as used herein, shall be construed
to mean the Wayne County Mitropolitan Sewerage and Sewage Disposal System Bonds
(Livonia Section) in the aggregate principal sum of $6,700,000.00, to be issued
pursuant to the provisions of the contract, and ordinances adopted by the Board of
Supervisors of the County of Wayne under the provisions of Act 312, Public Acts of
Michigan, 1939, as amended.
Section 1.3 - BUILDING SEWER. The term "building sewer," as used herein
shalt be construed to mean the extension from the building drain to the public sewer
or other place of disposal.
Section 1.4 - CITY. The term "City" as used herein shall be construed to
mean the City of Livonia, a Michigan municipal corporation.
Section 1.5 - CITY COUNCIL. The term "City Council" as used herein shall
be construed to mean the City Council of the City of Livonia as provided by its
Charter; the legislative governing body of the City.
Section 1.6 - COMBINED SEWER. The term "combined sewer" as used herein
shall be construed to mean a sewer receiving sewage.
Section 1.7 - CONTRACT. The term "contract" as used herein shall be con-
strued to mean the contract heretofore made and executed between the City of Livonia
and the Board of County Road Commissioners of the County of Wayne, Michigan, acting
for and on behalf of the County of Wayne, dated March 21, 1955, and supplemental
contract dated August 24, 1955, as referred to in the preamble hereto.
Page 3622
Section 1.8 - FIXED DEBT RETIREMENT PAYMENTS. The term "fixed debt retire-
ment payments," as used herein shall be construed to mean the payments required to be
made by the City to the Board of County Road Commissioners of the County of Wayne for
the retirement of the bond pursuant to the provisions of the contract.
ARTICLE II
SEWAGE DISPOSAL SYSTEM
Section 2.1. From and after the date of adoption of this ordinance, the
Sewage Disposal System, as herein defined, shall be operated and maintained by the City
on a public utility basis as authorized by the provisions of Act 342, Public Acts of
NIchigan, 1939, as amended, and Act 94, Public Acts of Michigan, 1933, as amended. It
is hereby declared to be the intent and purpose of the City Council to establish
reasonable and uniform rates and charges applicable to various classifications of users
so as to provide funds to as far as possible (a) operate and maintain said Sewage
Disposal System in a reasonable, proper and efficient manner, and (b) to pay the
indebtedness incurred by the City in the acquisition and construction of extensions,
additions and improvements to the said Sewage Disposal System.
Section 2.2. The Sewage Disposal System as herein defined shall be and
remain under the management, supervision and control of the Public Works Department
of the City of Livonia, subject to such control reserved by law and the City Charter
to the Mayor and City Council. The director of Public Works, with the consent of the
Mayor, may employ or designate such person or persons, or division, to carry on the
management, maintenance and operation of the said System as shall be deemed necessary
or advisable.
Section 2 . The Sewage Disposal System shall have an operating or fiscal
year commencing on March 1st and ending on the last day of February of each year.
ARTICLE III
SEWER CONNECTION RATES
Section 3.1. The connection rates and charges for the services and benefits
provided by the Sewage Disposal System shall be prescribed from time to time by the
City Council. The following shall be the connection rates and charges for connecting
to the Sewage Disposal System.
Section 3.2. Connection Rates for Buildings Constructed Prior to December
1, 1958.
For all buildings, whether houses, residential dwellings, commercial or
industrial buildings, constructed, completed and/or for which a building permit has
been issued prior to December 1,1958, but not connected to the Sewage Disposal System,
the following connection rates shall be paid:
(a) $125.00 for each connection to any sewer constructed by the
person connecting.
(b) $300.00 for each connection to any sewer constructed by the
City or County pursuant to the contract, or financed by said City or
County or constructed by any person other than the person connecting.
At the option of the applicant such charge shall be paid in full
Page 3623
either (a) at the time a permit is requested for connection to the
Sewage Disposal System, or (b) at the option of the applicant, ih
lieu of such cash payment, such connection charge may be paid at
the rate of $4.30 per quarter for a period of thirty (30) years or
until a total sum of $516.00 has been paid, said sum to be billed
quarterly at the same time as the consumption rates hereinafter set
forth are billed as a separate item in said bill.
Section 3. . Connection Rates for Buildings Constructed on or After
December 1, 1958.
(1) For all buildings whether houses, residential dwellings,commercial or
ihdustrial buildings for which a building permit has not been issued prior to Decem-
ber 1, 1958, the following connection rates shall be paid:
(a) $1.50 per front foot for each connection to any sewer constructed
by the person connecting, provided, however, thatin each case the
minimum connection charge for connection to the Sewage Disposal System
shall be $125.00.
(b) $7.10 per front foot for each connection to any sewer constructed
by the City or County pursuant to the contract or financed by said City
or County or constructed by arty person other than the person connecting,
provided that iii no case shall an applicant be charged for more than
100 feet of frontage. At the option of the applicant such charge shall
be paid in full either (a) at the time a permit is requested for con-
nection to the Sewage Disposal System or (b) at the option of the ap-
L in lieu of such cash payment, such connection rate may be paid
quarterly at the rate of 10,2 cents per front foot for a period of thirty
(30) years, said sum to be billed quarterly at the same time as the con-
sumption rates hereinafter set forth are billed as a separate item to
said bill.
Section 3.4. Except as hereinbefore otherwise provided, all connection
charges are payable in cash, either (a) at the time permit is requested for a con-
nection to the Sewage Disposal System, or (b) at the time final inspection of said
property prior to occupancy is requested from the City. If the applicant for a
connection permit desires to exercise the second option above provided, applicant
shall sigh an agreement in form prepared by the City to pay said sum at the time
final inspection is requested, in which event no final inspection shall be made until
said sum is paid. The rates herein established shall become effective on Decenber 1,
1958.
Section 3.5. All connections to the Sewage Disposal System shall be made
by and at the expense of the property owner or user so connecting subject to any
rules and regulgtions therefor now or hereafter established by the City, and subject
to inspection and approval prior to use. Permit for such connection shall b e obtained
in advance from the City, and the property owner or user making such connection shall
pay all inspection charges now or hereafter established by the City prior to the use
thereof.
ARTICLE IV
SEWER SERVICE RATES
Section 4.1.
Commercial, Industrial and Governmental Sewer Service Rates.
Page 3624
(a) Commercial and Multiple Dwelling Users. Said rates shall apply to
all commercial buildings, business and professional establishments and
all multiple dwellings in excess of two (2) units now or hereafter con-
nected to any of the sewers of the System and such rate shall be $0.68
per front foot per year, payable in quarterly installments for a period
of fifteen (15) years;
(b) Industrial Users. Said rates shall apply to all manufacturing
plants or industrial establishments now or hereafter connected to any
of the sewers of the System, and such rate shall be $70.00 per acre per
year, payable in quarterly installments for a period of ten (10) years.
Any commercial or industrial users heretofore connected to any of the sewers
of the Sewage Disposal System shall receive credit for any debt service or sewer ser-
vice rates heretofore paid against the sewer service rates due under the provisions
of this ordinance.
(c) Governmental, Eleemosynary and Single or Two-Family Residential Users.
There shall be no sewer service rate for governmental and eleemosynary
buildings, and single or two-family residential dwellings, effective Dece tu-
ber 1, 1958. All prior charges collected or due and owing the City of
Livonia shall be retained by the City.
ARTICLE V
DISPOSAL AND MAINTENANCE RATES
Section 5.1. Such rates shall be levied on each lot or parcel of land,
building ar premises now or hereafter having any connection with the Sewage Disposal
System. Such sewage disposal rate shall be as follows, to wit:
(a) For all houses or residential dwelling units connected to and using
the facilities of the Sewage Disposal System, such rate shall be a flat
rate of $4.00 per year, payable in equal quarterly installments.
(b) For all other buildings, including commercial, governmental eleemosynary,
industrial, business and professional buildings, including multiple
residential dwellings in excess of two (2) units connected to aid using
the facilities of the Sewage Disposal System, such rates shall be based
upon the quantity of water used therein or thereon, as the same is measured
by the water mete' installed therein, and shall be as follows:
From 0 to 10,000 cubic feet per month $0.80 per 1,000 cubic feet;
10,000 to 100,000) cubic feet per month $0.70 per 1,000 cubic feet;
In Excess of 100,000 cubic feet per month $0.60 per 1,000 cubic feet.
The minimum quarterly sewage disposal charge to commercial or industrial
users shall be $1.00 per quarter.
The above rates do not include any rates imposed by the County of Wayne for
the treatment and disposal of sewage through its sewage treatment and disposal
facilities. Any such rate shall be included and specified as a separate item in bills
sent to users as hereinafter provided.
Page 3625
ARTICLE VI
MISCELLANEOUS AND SPECIAL RATES
Section 6.1. Where sewage disposal service is furnished to users not
situated within the Laity of Livonia, the sewage disposal rate for such users shall
be as follows:
(a) For all houses or residential dwellings connected to and using
the facilities of the Sewage Disposal System, such rate shall be a
flat rate of $14.00 per year, payable in equal quarterly installments.
(b) For all commercial or industrial buildings connected to and using
the facilities of the Sewage Disposal System, such rates shall be based
upon the quantity of water used therein or thereon, as the same is
measured by the water meter installed therein, and shall be as follows:
From 0 to 10,000 cubic feet per month $0.80 per 1,000 cubic feet;
10,000 to 100,000 cubic feet per month $0.70 per 1,000 cubic feet;
In excess of 100,000 cubic feet per month $0.60 per 1,000 cubic feet.
The minimum quarterly sewage disposal charge to commercial or industrial
users shall be $3.50 per quarter.
The above rates do not include any rates imposed by the County of Wayne for
the treatment and disposal of sewage through its sewage treatment and disposal facilities.
Any such rate shall be included and specified as a separate item in bills sent to
users as hereinafter provided. The rates herein established shall become effective
December 1, 1958.
Section 6.2. Where sewage disposal service is furnished to users not con-
nected to the water system, or in cases where users make use of large quantities of
water which may be discharged into storm sewers, ar for other miscellaneous users of
water for which special consideration should be given, special sewage disposal rates
may be fixed by the City Council.
The City Council may establish special rates to meet special circumstances
where in its judgment the application of any of the several rates established in this
ordinance would be unequitable.
ARTICLE VII
STORM SEWER CHARGES
Section 7.1. Beneficiaries of the storm sewers, as those terms are defined
in AAticle I hereof, shall pay a debt service charge based upon frontage at the rate
of 45.00 per front foot of the properties or lots fronting on or traversed by the
storm sewers. Such charge shall be billed and paid in annual installments fcr a
period of thirty (30) years.
ARTICLE VIII
REFUND OF EXCESS EEBT SERVICE PAYMENT
Section 8.1. Where residential users of the sewers in sewage disposal
Page 3626
district No. I have made advance or excess payments of the residential debt service
rate specified in Ordinance No. 26 of the City, as amended, over and above the mini-
mun quarterly payments specified and required in said ordinance, the amount of said
excess payment as of the date of adoption of this ordinance shall be refunded upon
application being made therefor to the City Treasurer prior to December 1, 1958.
All monies so previously collected and not refunded prior to Decenber1,1958, shall
be transferred to and become part of the Receiving Fund of the Water and Sewer Division.
ARTICLE IX
ADMINISTRATION, ENFORCEMENT, AND OPERATION OF
SEWAGE DISPOSAL SYSTEM
Section 9.1. Bills far the connection rates (where payable in installments),
sewer service rates and sewage disposal consumption rates, shall be made as separate
items on the water bills for those premises served by the Sewage Disposal System who
have connections to the water system of the City of Livonia, and separate bills for
such rates and charges, or those applicable, shall be prepared for premises having no
connection to the water system. Said bills shall be rendered quarterly during each
operating or fiscal year and shall represent charges for the quarterly (three-month)
period immediately preceding the date of rendering the bill. Said bills shall become
due and payable within ten (10) days from the date thereof, and for all bills not
paid when due, a penalty of ten per cent (10%) of the amount of such bill shall be
added thereto.
Bills for the storm sewer charge to beneficiaries thereof shall be billed
annually on June 1st of each year, commencing June 1, 1956. Said bills shall be due
and payable within thirty (30) days from the date thereof. For all such bills not
paid when due, a penalty of ten per cent (10%) of the amount of such bill shall be
added thereto.
Section 9.2. The charges and rates herein specified shall constitute a
lien on the property served and benefited, and if not paid within six (6) months after
the same are due,the official or officials in charge of the collection thereof shall,
prior to March 1st of each year, certify to the City Assessor the fact of such de-
linquency, whereupon such charge shall be entered upon the next tax roll as a charge
against such premises and shall be colledted and the lien thereof enforced in the
sante manner as general City taxes against such premises are collected and the lien
thereof enforced; provided, however, as provided in Section 21, Act 91i., Public Acts
of Michigan, 1933, as amended, where not ice is given that a tenant is responsible for
the payment of the consumption rate, sewer service charge (if any), and connection
rates and charges (if payable in installments) no further water or sewer service shall
be rendered to such premises until a cash deposit of not less than $25.00 shall have
been made as security for the payment of such charges and service.
In addition to other remedies provided, the City shall have the right to
shut off and discontinue the supply of water to any premises for the non-payment of
charges and rates herein specified when due.
All rates herein specified shall become effective as of the billing period
commencing December 1, 1958.
Section 9.3. No free service shall be furnished by the Sewage Disposal
System to any person, firm or corporation, public or private, or to any public agency
or instrumentality, but service so furnished by the system shall be paid for in
Page 3627
accordance with the foregoing schedule of rates, or any revision thereof, in com-
l. pliance with the provisions of this ordinance. The City of Livonia shall pay from
its general funds, or from the proceeds of taxes which it is authorized to levy within
constitutional limits, the sewage disposal rates herein set forth, and sewer service
rates established herein for public governmental units, for any connections serving
said City or any of its departments or agencies.
Section 9.4. The Sewage Disposal System Receiving Fund (hereinafter re-
ferred to as the „Receiving Fund") established pursuant to the provisions of Or-
dinance No. 98 of the City, and amendments thereto, shall be continued as a separate
depositary account, and the gross revenues of the Sewage Disposal System are hereby
ordered to be set aside as collected into said fund, and said revenues so deposited
are pledged for the purpose of the following funds and shall be transferred from the
Receiving Fund periodically in the manner and at the times hereinafter specified.
A. Operation and Maintenance Fund. Out of the revenues in the Receiving
Fund there shall first be set aside during each quarterly period into a
separate depositary account designated Operation and Maintenance Fund, a
sum sufficient to provide for the payment of the next quarter's current
expenses of administration and operation of the Sewage Disposal System and
such current expenses for the maintenance thereof as may be necessary to
preserve the same in good repair and working order.
The City Council, prior to the commencement of each operating year,
shall adopt a budget covering the foregoing expenses for each year, and
such total expenses shall not exceed the total amount specified in said
budget, unless approved by a five-sevenths (5/7) vote of the menbers of
the City Council.
B. Contract Payment Fund. There shall next be established and maintained
a separate depositary account designated Contract Payment Fund, the moneys
from time to time on deposit therein to be used solely for the purpose of
making the fixed debt retirement payments required by the provisions of
the contract.
All moneys remaining in the Receiving Fund after the foregoing pro-
visions have been made for the requirements of the Operation and Mainten-
ance Fund, shall semi-annually on December 1st and June 1st of each year be
set aside and transferred to the Contract Payment Fund, which said moneys
shall then be used as follows and in the following priority:
First: For the fixed debt retirement payments due on January 1st
and July 1st of each year, representing interest on the bonds due
on January 1st and principal and interest due on July 1st of each
year.
Second: To the establishment of a Contract Payment Reserve Fund
which shall be mai tained as a separate account, until said fund
shall equal the maximum principal and interest becoming due on
the bonds in any future year. The moneys in said Contract Payment
Reserve Fund shall be used solely for the payment of the fixed
debt retirement payments to the extent of any deficiency in current
revenues available therefor. All moneys so used shall be replaced
from the next revenues available therefor. Moneys in the Contract
Page 3628
Payment Reserve Fund may be invested in obligations of the
United States of America and any income therefrom shall be
credited to sad fund.
Third: For advance payments or redemption of bonds prior to
urlty in accordance with the authorization contained in
Section 9 of the County Ordinance and the written option of
the City, or, at the option of the City Council for the con-
struction of additional extensions and improvements to the
Sewage Disposal System, or the payment of indebtedness incurred
therefor.
Section 9.5. It shall be the duty of the City Treasurer, pursuant to the
provisions of the contract, to forward to the Board of County Road Commissioners of
the County of Wayne, Michigan, the fixed debt retirement payments due from the City
from time to time. If at any time there are insufficient funds in the Contract Pay-
ment Fund or the Contract Payment Reserve Fund to meet said payments in full, the
deficiency shall be paid out of the general funds of the City pursuant to the obliga-
tion assumed by the City under the terms of the contract and Act 3142, Public Acts
of Michigan, 1939, as amended.
Section 9.6. Pursuant to the provisions of the contract and Section 5 (b)
of Act 3142, Public Acts of Michigan, 1939, as amended, the City has pledged its full
faith, credit and resources to the making of the fixed debt retirement payments re-
quired under the contract. To carry out said pledge the City Treasurer is directed
and ordered to„make up any deficiencies in said retired payments out of the General
Funds of the City, in event there are insufficient funds in the Contract Payment
Fund or Contrast Payment Reserve Fund to meet said required payments. The City does
hereby irrevocably agree and pledge itself to levy such ad valorem taxes as may be
necessary to provide funds to make such payments, in the event the revenues herein
provided become or are anticipated to be insufficient therefor, or to make up any
advances or pants made from the general funds of the City as herein required.
ARTICLE X
CONSTRUCTION OF ADDITIONAL
SEWAGE DISPOSAL FACILITIES
Section 10.1. Nothing contained in this ordinance shall be construed to
prevent the City from entering into additional contracts with the County under the
provisions of Act 3142, Public Acts of Michigan, 1939, as amended, and from entering
into contracts with others for the acquisition, construction and financing of ad-
ditional sewers or sewage disposal facilities and the use of revenues derived from
such additional projects for the payment of any obligations incurred thereby.
Section 10.2. Nothing contained in this ordinance shall be construed so as
to prevent the City from using certain portions of surplus funds, and the City is
herein authorized to use certain portions of surplus revenues collected and result-
ing from the provisions of this ordinance for acquiring, constructing and financing
extensions and additions to the sewers and sewage disposal facilities of the City of
Livonia; provided, however, that such surplus funds shall be used only in the dis-
cretion and at the direction of the Council by a resolution authorizing the use of
such funds after the Council has received from the Budget Director a recommendation
that in his opinion such funds are available; and provided further, that only those
portions of such surplus may be used as will leave remaining surplus revenues that
are in the opinion of the Council, sufficient andadsquate to meet payments and other
obligations due under the terms of the contract.
Page 3629
Section 10.3. Wherever any extensions are made to the present sanitary
sewer system, such extensions shall include and there shall be constructed the neces-
sary cross-overs to provide sanitary sewer service to existing buildings which abut
or are adjacent to such sanitary s ewer extension; such cross-overs shall be installed
where necessary to within ten (10) feet of the lot line of the property to be serviced.
Section 10.4. The installation cost of cross-overs whether or not authorized
by the City of Livonia, where such cross-overs were installed prior to October 25,1955,
shall not be borne by the City of Livonia; provided,however,that the cost of installing
any sanitary sewer cross-overs which have been approved of specifically by Council
resolution subsequent to October 214, 1955, and prior to the effective date of this
ordinance may be borne by the City of Livonia. In no event shall any person construct
a sanitary sewer cross-over of a size larger than a six (6) in ch line without prior
application to the Water and Sewer Board and approved of by the City Council, unless
the cost of the cross-over is to be borne by the individual property owner.
ARTICLE IX
MESCELLANEOUS PROVISIONS
Section 11.1. The rates and charges established in this ordinance shall be
subject to revision from time to time by the City Council, where any revision appears
necessary in order to maintain reasonable and equitable charges for use of the
Sewage Disposal System.
Section 11.2. If the character of the sewage of any manufacturing or in-
l. dustrial plant or any other building or premises shall be such as to impose an un-
reasonable burden upon the Sewage Disposal System, the City Council shall require
that such sewage be treated by the person, firm or corporation responsible therefor
before being emptied into the sewer or the right to empty such sewage may be denied,
if necessary, to protect the said System or any part thereof.
Section 11.3. The City shall cause to be maintained and kept proper books
of record and account, in which shall be made full and correct entries of all trans-
actions relating to the Sewage Disposal System. Not later than two (2) months after
the close of each fiscal year, the City shall cause to be prepared a statement in
reasonable detail, showing the cash income and disbursements of the Sewage Disposal
System at the beginning and close of the operating year and such other information as
may be necessary to enable any taxpayer of the City, user or beneficiary of the service
furnished to be fully informed as to all matters pertaining to the financial operation
of the System during such year. Such annual statement shall be filed in the office of
the City Clerk, where it will be open to public inspection. Such books of record and
account shall be audited annually by a certified public accountant, to be designated
by the City Council, and a certified copy of such audit shall be filed with the City
Clerk.
ARTICLE XII
USE OF PUBLIC SEWERS REQUIRED; EXCEPTIONS;
REGULATIONS
Section 12.1. It shall be unlawful for any person to place or deposit or
permit to be deposited in any unsanitary manner upon any public or private property
within the City of Livonia or in any area under the jurisdiction of the said City of
Livonia, any Duman or animal excrement, garbage or other objectionable waste.
Page 3630
Section 12.2. It shall be unlawful to discharge into any water course
within the City of Livonia or in any area under the jurisdiction of the said City of
Livonia any sanitary sewage, industrial waste , or other polluted waters, except
where suitable treatment has been provided in accordance with the provisions of this
ordinance and the statutes and regulations of the State of Michigan.
Section 12.3. Except as hereinafter provided it shall be unlawful to con-
struct or maintain any privy, privy vault, septic tank, cesspool or other facility
intended or used for the disposal of sewage.
Section 12.4. The owner of all dwellings, houses, buildings or properties,
whether residential, commercial or industrial, used for human occupancy, employment,
recreation or other purpose situated within the City and abutting upon any street,
alley or right-of-way in which there is now located or may be in the future located
a public sewer of the City, are hereby required at their expense to install suitable
sewer facilities therein and to connect such facilities directly with the proper public
sewer in accordance with the provisions of this ordinance within 18 months from the
effective date of this ordinance or within 18 months from the time such public sewer
becomes available for service to such property.
Section 12.5. Where a public sanitary sewer is not available, the building
sewer shall be connected to a private sewage disposal system. No private sewage dis-
posal system shall be constructed by any person without first obtaining a written
permit from the Department of Public Works of the City of Livonia. No such permit
shall issue unless and until the Department of Public Works determines that there is
no available public sanitary sewer and unless aid until the applicant agrees in writ-
ing that at such time as a public sewer becomes available to the property to be
serviced by the private sewage disposal system, a direct connection shall be made
within eighteen (18) months from the date of such availability to the public sewer
in compliance with this ordinance, and any septic tanks, cesspools aid similar private
sewage disposal facilities shall be abandoned for sanitary use. No statement contained
in this section shall be construed to interfere with any additional requirements which
may be imposed by the Bureau of Inspection, Health Officer or the Department of Public
Works of the City of Livonia.
Section 12.6. The Water aid Sewer Board may upon application extend the
period within which connection must be made to a public sewer as provided in the preced-
ing two sections. Before granting an extension, the Board shall determine that the
public health, safety and welfare will not be adversely affected by granting such
extension of time within which to connect to a public sewer. No one extension shall
be for a period of more than twelve (12) months.
Section 12.7. For the purposes of this ordinance, a public sanitary sewer
shall be deemed to be available when such sewer is located not more than ten (10)
feet from the property line of the lot or parcel of land to be serviced.
Section 12.8. It shall be unlawful for aiy person to connect to any of the
sewers of the Sewage Disposal System witho ut first obtaining a written permit from the
Bureau of Inspection of the Department of Public Works and no connection shall be made
or permitted to be made to aiy of the sanitary sewers of the Sewage Disposal System
which in any way shall cause storm water or surface drainage to be carried into said
sanitary sewers. No such permit shallissue unless and until the applicant has paid
the connection charge specified in Article III of this ordinance or shows to the satis-
faction of the Bureau of Inspection that he has properly executed one of those options
set forth in Article III of this ordinance.
Page 3631
Section 12.9. No person shall discharge or cause to be discharged any
storm water, surface water, ground water or roof water to any sanitary sewer. A
normal amount of ground water leakage into basements may be drained into sanitary sewers,
however, any excessive volume of basement drainage as determined by the Department of
Public Works of the City of Livonia will not be permitted. Storm water and all other
polluted drainage shall be discharged to such sewers which are specifically designated
as combined sewers or storm sewers, or to a natural outlet as approved by the Depart-
ment of Public Works of the City of Livonia.
ARTICLE XIII
PROTECTION FROM DAMAGE
Section 13.1. No unauthorized person shall maliciously, wilfully or
negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the municipal Sewage Disposal System.
Any person violating this provision shall be subject to immediate arrest on a charge
of disorderly conduct.
ARTICLE XIV
POWER AND AUTHORITY OF INSPECTORS
Section 14.1. The Department of Public Works of the City of Livonia aid
other duly authorized employees of the City bearing proper credentials and identifica-
tion shall be permitted to enter upon all properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with the provisions of
this ordinance.
ARTICLE XV
PENALTIES AND ENFORCEMENT
Section 15.1. Ally person found to be violating any provision of this or-
dinance except Article XIII, shall be served by the City with written notice stating
the nature of the violation and providing a reasonable time linit (but not exceeding
sixty (60) days) for the satisfactory correction thereof. The offender shall, within
the period of time stated in such notice, permanently cease all violations.
Section 15.2. Any person who shall continue any violatiti beyond the time
limit provided for in Section 15.1, shall be guilty of a misdemeanor and upon con-
viction thereof shall be fined in an amount not exceeding Fifteen Dollars ($15.00)
for each violation. Each day in which any such violation shall continue shall be
deemed a separate offense.
Section 15.3. Any person violating any of the provisions of this ordinance
shall become liable to the City for any expense, loss or damage occasioned the City
by reason of such violation.
ARTICLE XVI
REPEAL AND VALIDITY
Section 16.1. If any section, paragraph, clause or provision of this
ordinance shall be held invalid, the invalidity of such section, paragraph, clause
or provision shall not affect any of the other provisions of this ordinance.
Page 3632
Section 16.2. Ordinances No. 26, No. 30, No. 42, No. 98, No. 100 and
No. 102 are hereby specifically repealed and rescinded. Ordinance No. 115 and Or-
dinance No. 178 are hereby specifically repealed and rescinded, such recission to
become effective twelve o'clock midnight, November 30, 1958. The rates and charges
specified in this ordinance shall supersede the rates and charges specified in all
of the above mentioned ordinances, it being the determination of the Council that
said new rates will in no way impair the security of the bonds issued under the pro-
visions of said ordinances.
Section 16.3. This ordinance is hereby declared to be an emergency ordinance,
necessary to the protection of the public health, safety and welfare, and shall become
effective immediately on publication.
A roll call vote was conducted on the foregoing ordinance with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on date
of publication.
At 9:12 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 of this
meeting, except Councilmen Sasser and McCann, who returned at a later time.
The Ordinance entitled, "An Ordinance Vacating Portions of Street, Alley and
Public Ground," introduced October 6, 1958, by Councilman Sasser, was taken from the
table and a roll call vote conducted thereon with the following result:
AYES: O'Neill, Bagnall, Kleinert, Salvadore and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on date
of publication.
The Ordinance entitled, "An Ordinance Amending Sections 1, 2, 3, 9, 16, 26
and 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,"
introduced by Councilman Sasser on October 6, 1958, was taken from the table and
a roll call vote conducted thereon with the following result:
Page 3633
AYES: O'Neill, Bagnall, Kleinert, Salvadore and Grant.
NAYS: None.
The President declared the ordinance duly adopted and would become effective on date
of publication.
Councilman Sasser returned at 9:27 P. M.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#660-58 RESOLVED that, the annual budget of the City of Livonia for the
fiscal year commencing December 1, 1958, as submitted to the Mayor and
filed by him with the Council, be set for public hearing on Thursday,
November 6, 1958, at 8:00 o'clock P. M., at the City Hall, 33001 Five
Mile Roads and that notice of such hearing be published in The Livonian
on October 23, 1958, pursuant to the provisions of the City Charter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Bagnall, seconded by CouncilmanSalvadore, it was
#661-58 RESOLVED that, pursuant to Section 5, Chapter VII and Section 1 of
Chapter VIII of the Charter of the City of Livonia, the Council does hereby
establish a tax levy of five (5) mills, i. e. five-tenths (5/10) of one (1)
per centum of the State equalized assessed valuation of all real and personal
property subject to taxation in the City of Livonia for the next fiscal year
commencing December 1, 1958 and ending November 30, 1959; and further, in
addition to the above amount which is authorized to be levied for general
purposes by the Charter of the City of Livonia , and pursuant to the provisions
of Act 298 of the Public Acts of 1917 (W.A. 5.2681), the Council does hereby
establish a tax levy of one (1) mill, i. e. one-tenth (1/10) of one (1) per
centum of the State equalized assessed valuation of all real and personal
property subject to taxation in the City of Livonia for the next fiscal year
commencing December 1, 1958 and ending November 30, 1959, for the purpose of
establishing, operating, maintaining and administering a Municipal Garbage
System and/or Plant for the collection and disposal of garbage in the City
of Livonia; and that the City Clerk is hereby authorized and requested to
send a certified copy of this resolution to the Wayne County Bureau of Taxation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser, it was
#662-58 RESOLVED that, all funds collected from the levy of the one (1)
mill annual garbage tax provided for in the previous resolution shall be
Page 3631i
deposited in a special account designated "Municipal Refuse Disposal
Account" and shall be used for the purpose of establishing, maintaining,
operating and administering a municipal refuse disposal and collection
system in the City of Livonia and for no other purpose whatsoever.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Sasser, it was
#663-58 RESOLVED that, pursuant to the report and recommendation of the
Fire Commissioner dated October 10, 1958, the Council does hereby accept
the bid of Tennyson Chevrolet, Inc., for supplying the City of Livonia with
one 1959 station wagon at their submitted bid price of $2,1476.84, such having
been in fact the lowest bid received for that item; and that there is hereby
transferred to Fire Department Account 70-D the sums of $100.00 f rom Fire
Department Account 70-M and $150.00 from Fire Department Account 70-B in order
that sufficient funds are made available for the purchase; and the City Clerk
is herein authorized to do all things necessary to the full performance of
this resolution.
Councilman McCann returned at 9:31 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Sasser, Salvadore, *McCann and Grant.
NAYS: Bagnall and Kleinert.
*Councilman McCann abstained from voting which is recorded as a yes vote under the
provisions of Ordinance No. 27, Section 19.
The President declared the resolution adopted.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
##664-58 RESOLVED that, pursuant to the request of the Michigan Liquor
Control Commission dated August 20, 1958, and the report and recommenda-
tion of the Livonia Police Department dated September 30, 1958, the Council
does hereby approve the request from Fred A. and LaJonna M. Shalhoub to
transfer ownership of a 1958 SDM license from Carl I. Holz, 29076 Plymouth
Road, Livonia,Michigan.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#665-58 RESOLVED that, having considered the letter from Clarence R.
Chartist, Attorney-at-law, 33636 Five Mile Road, Livonia, Michigan, request-
ing permission to relocate a certain public sewer in order to facilitate the
Page 3635
construction of an audition to the Rosedale Gardens Presbyterian Church
located at 9601 Hubbard Road, Livonia, the Council does hereby tentatively
authorize the relocation of such sewer subject to the following conditions:
(1) That prior to commencement, the Engineering Division
approves the new location and specifications of such sewer;
(2) That a satisfactory easement is granted to the City;
(3) That the applicant comply with all reasonable requirements
of the Engineering Division in connection with such operations; and
(4) That the petitioner shall bear the entire cost of relocating
said sewer.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#666-58 RESOLVED that, pursuant to the request of the Director of Public
Works dated October 13, 1958, the Council does nerein transfer from the
Unappropriated Surplus to the Civic Improvement Publicity Account of the
Budget the sum of $2,000.00 in order to sufficiently inform the public in
regard to the forthcoming civic improvement propositions.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman McCann and unanimously
adopted, it was
#667-58 RESOLVED that, the Council does hereby refer to the Department
of Law the letter from the Clarenceville Public Schools dated September
16, 1958, and the letter from the Livonia Public Schools dated October 2,
1958, in regard to establishing traffic regulations for motor vehicles
operating ons chool property, with the request that such department
cooperate with each respective school district and the Livonia Police
Department to formulate a proposed ordinance in regard to such matter.
By Councilman Salvadore, seconded by Councilman Bagnall and unanimously
adopted, it was
#668-58 RESOLVED that, having given due consideration to the letter from
L. E. Schmidt, Superintendent of the Clarenceville Public Schools dated
October 10, 1958, regarding the proposed relocation of the Seven Mile and
Middle Belt fire station, the Council wishes to advise the Clarenceville
Public Schools that the Michigan Inspection Bureau has recommended the
relocation of such station, that such action is being taken on the recom-
mendation of both the Fire Commissioner and Fire Chief of the City of Livonia,
that the City of Livonia has planned in the future for the location of
another station in the vicinity of Middle Belt and Seven Mile Roads and
it is also informed by the Livonia Fire Department that, in view of certain
Page 3636
new equipment purchased by the City of Livonia, the relocation of such
station will not substantially reduce the fire protection service for
the northeast portion of our City.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#669-58 RESOLVED that,the letter from the Livonia Public Schools dated
October 3, 1958, in regard to the proposed school site in Section 20, is
hereby referred to the Recreation Committee of the Council.
By Councilman McCann, seconded by Councilman Sasser, it was
#670-58 RESOLVED that, pursuant to the request of the Municipal Judge
dated October 1, 1958, approved of by the Budget Director and Mayor, there
is hereby transferred f rom the Unappropriated Surplus to the Municipal
Court Account No. 45 (witness and jury fees), the sum of $400.00 to provide
such fees for the balance of the fiscal year.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Sasser and unanimously
adopted, it was
#671-58 RESOLVED that, the letter from Robert L. Coopes dated September
26, 1958, containing a recommendation in regard to the size of corner
residential lots, is hereby referred to the City Planning Commission for
their consideration and possible action.
By Councilman Salvadore, seconded by Councilman Bagnall, it was
#672-58 RESOLVED that, having considered the request from the Chairman
of the Parks and Recreation Commission dated October 10, 1958, the Council
does hereby authorize the payment of $252.96 from the Parks and Recreation
Budget for the purpose of paying travel expenses incurred by those employees
referred to in the above letter.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser,.. Salvadore, McCann and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#673-58 RESOLVED that, pursuant to the report and recommendation of the
Assistant City Engineer and Director of Public Works dated October 13,
1958, and the communication from Edwin M. Orr dated October 8, 1958, the
Council does hereby amend Item No. 3 of Council resolution #293-57 adopted
Page 3637
on April 15, 1957, so as to establish a bond for remaining improvements
in Spring Valley Subdivision in the amount of $32,900; and the City Clerk
is herein 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: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#671i-58 RESOLVED that, pursuant to the report and recommendation of the
Assistant City Engineer and Director of Public Works dated October 13, 1958,
and the communication from Edwin M. Orr dated October 8, 1958, the Council
does hereby amend Item No. 3 of Council resolution #2914-57 adopted on April
15, 1957, so as to establish a bond for remaining improvements in Spring
Valley Subdivision No. 2 in the amount of $31,000.00; and the City Clerk
is herein 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: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#675-58 RESOLVED that, pursuant to the report and recommendation of the
Assistant City Engineer and Director of Public Works dated October 13, 1958,
the Council does hereby release the remaining cash subdivision improvement
bond in the amount of $5,1&50.O0 to the proprietor of the Livonia Hills Estates
Subdivision; and the City Clerk and City Treasurer are herein authorized to
do all things necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution withihe following results
ALES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore„ &Cann and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Sasser, it was
#676-58 RESOLVED that, Mr. Roy McGlothin, Jimack Homes, Inc., 20019 W.
Warren, Detroit 28, Michigan, as proprietors, having requested the City
Council to approve the proposed plat of the following Subdivision:
Richland Estates Subdivision located on the East side of Stark Road on
the North and South side of Richland in the Northeast 1/4 of Section 33,
City of Livonia; and it appearing that tentative approval of said proposed
plat was given by the City Planning Commission under date of September 23,
1958; and it further appearing that said proposed plat, together with the
plans and specifications for improvements therein, have been approved by the
Department of Public Works under date of October 14, 1958; the City Council
does hereby approve said proposed plat on the following corxiitions:
Page 3638
(1) All 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
Plat until either said improvements have been satisfactorily installed
or, in lieu thereof, there is filed with her by said proprietors a bond
to the City of Livonia, in such form as may be approved by the City Attorney
and in the following amount: $13,000.00 -
Thirteen Thousand Dollars -
and until all inspection fees and other charges due to the City of Livonia
have been fully paid;
(4) On full compliance with the above conditions and with the provisions
of said Plat Ordinance, as amended, the City Clerk is hereby authorized to
affix her signature to said Plat as evidence of this approval.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#677-58 RESOLVED that, pursuant to the report and recommendation of the
Department of Public works dated October 13, 1958, the Council does herein
release to Carey Homes, Inc., 10404 Fenkell, Detroit 34, Michigan, the bond
in the amount of $800.00 which was deposited with the City to insure the
satisfactory installation of a sanitary sewer extension on Greenlane Avenue;
and the City Clerk and City Treasurer are herein 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: O'Neill, B agnall, Kleinert, Sasser, Salvadore, McCann and Grant.
NAYS: None.
The report of the Municipal Court for the month of September, 1958, was
received and placed on file.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
Page 3639
#678-58 RESOLVED that, the Council does hereby order and establish a
regular meeting of the Council to be held on Monday, October 27, 1958, at
8:00 o'clock P. M., in the Livonia City Hall.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#679-58 RESOLVED that, the regular meetings of the Council of the City
of Livonia for the month of November, 1958, shall be held on the second
and third Mondays, such dates being November 10th and 17th.
By Councilman Sasser, seconded by Councilman McCann and unanimously
adopted, it was
#680-58 RESOLVED that, there is hereby established a special meeting of
the Council of the City of Livonia on Tuesday, October 21, 1958, at 9:00
o'clock P. M., to consider Petition No. Z-317.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE TO PROVIDE FOR THE REGULATION AND LICENSING
OF THE BUSINESS OF RENTING TRAILERS, THE USE CF THE SAME,
AND PROVIDING A PENALTY FOR TIE VIOLATION TIEREOF.
THE CITY OF LIVONIA ORDAINS:
Section 1. No person, firm or corporation shall hold himself, herself,
themselves or itself out as a renter of trailers or shall conduct, operate or carry
on the business of renting trailers, without first having obtained a license, as a
trailer renter.
Section 2. All persons, firms or corporations shall be deemed to be in the
business of renting trailers, and shall be designated as a trailer renter, who shall
receive in return, compensation or reward for supplying, furnishing, leasing or rent-
ing a trailer to another, in any manner, except by sale; or who shall offer, furnish,
lease, rent or supply a trailer or trailers to others in return for articles purchased,
or services rendered; or who shall directly, or indirectly, receive any remuneration,
reward ar return for furnishing a trailer to another other than a bona fide sale.
Section 3. The word "trailer" as used in this ordinance, shall include all
trailers, except factor trailers, truck trailers, and farm wagons and equipment.
Section 4. Every person, firm or corporation desiring to engage in the
business of renting trailers,before holding himself, herself, themselves or itself
out as a trailer renter, shall make written application for a license so to do, to
the City Clerk of the City of Livonia, Michigan, which application shall state the
number and capacity (cubic feet) of each trailer which is proposed to be used in the
conducting of said business, the name and address or addresses, telephone number or
numbers, and period of time located at the address or addresses set forth in the ap-
plication of the person, firm or corporation making the application. The application
shall be made in the form of an affidavit and sworn to by the person, member of the
firm or officer of the corporation making such application. No licensee shall be
permitted to operate such business under more than one trade name.
Section 5. Every applicant shall furnish satisfactory proof to the City
Clerk that said applicant does carry adequate public liability and property damage
insurance up to an amount which shall not be less than $10,000.00 and $20,000.00
public liability and $10,000.00 property damage for each trailer. Each applicant
Page 3610
shall furnish with his application a prepaid policy ar certificate of liability
insurance showing the issuance of the insurance hereinbefore required which pre-
paid policy or certificate of liability insurance shall be kept on file in the office
of the City Clerk, and no license shall be valid in the event of the cancellation of
said insurance. Any insurance company issuing insurance as provided hereunder shall
forthwith notify the City Clerk ten (10) days prior to the cancellation of said
insurance, or any part thereof.
Section 6. A license fee in the amount of $50.00 shall be required by this
ordinance annually for each lot maintained for the purpose of renting trailers. Said
license fee shall be paid for each lot maintained by a person, firm or corporation
making application herein. No license or application shall be transferable under the
provisions of this ordinance, and no refunds of this license fee shall be made.
Section 7. All licenses issued under the provisions of this ordinance
shall expire on the 30th day of November following the date of issuance, and the
license fees herein fixed shall be the annual license fee, payable in advance, before
the issuance of said license. If, at the time of the application for a license under
the provisions of this ordinance, less than six months of the current license year
shall have expired, the applicant for the license shall be required to pay the full
annual license fee hereinbefore fixed. If six months or more shall have expired and
the applicant shall furnish satisfactory proof to the City Clerk that he had not
rented a trailer or trailers upon which license is requested, the applicant shall
be required to pay one-half of the annual license fee hereinbefore fixed and no license
hereunder shall be issued for a less sum than one-half of the annual fee.
Section 8. Every person, firm or corporation whether resident ar non-resident
of Livonia, Michigan, operating ar causing to be operated upon any of the streets,
alleys, avenues, or other public places in the City, any trailer, according to the
provisions of this article, and prior to the holding out for hire as a trailer renter,
shall display on both sides of every trailer operated, the name and address of the
person, firm or corporation operating or causing to be operated such trailer. Letters
and figures making up the name and address shall be at least three (3) inches in
height and not less than one inch in width.
Section 9. Before any person, firm or corporation licensed under the or-
dinance as a renter of trailers who shall furnish or rent a trailer to another, he,
she or it shall obtain from the person renting said trailer, a signed statement which
shall state the name and address of the person owning the articles of goods to be
moved in said trailer, the date of the removal, and the address of the place or
places from which and to which the removal is to be made. It shall be the duty of
the person, firm or corporation licensed under this ordinance to see to it that all
of the above required information is placed on sairi statement and that the signature
and address of the person making said statement is placed on said statement, before
the trailer is given to the person renting same. No trailer or trailers shall be
allowed to leave the premises or lot of the trailer renter until the trailer renter
has obtained, and has in his possession, this statement fully made out, asprovided herein.
Section 10. It shall be unlawful for any person, firm or corporation secur-
ing or renting a trailer, trailer renter, or other person, to make or sign any false
statement, or to give any fictitious name or address, or to aid or abet the making
or signing of a false statement, or the giving of any fictitious name or address.
Section 11. Andy violation of this ordinance shall constitute a misdemeanor
and upon conviction thereof shall be punishable by a fine of not mare than Five Hundred
Page 361.i.].
Dollars ($500.00) or by imprisonment for not more than ninety (90) days or by both
fine and imprisonment in the discretion of the Court.
Section 12. The effective date of this Ordinance shall be November 30, 1958.
Section 13. 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.
Section 14. 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.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
On motion of Councilman Bagnall, seconded by Councilman Sasser and
unanimously adopted, this 260th regular meeting of the Council of the City of
Livonia was duly adjourned at 10:])4 P. M., October 20, 1958.
( Nar a .-Crar , City. "lark