HomeMy WebLinkAboutCOUNCIL MINUTES 1957-04-08 Page 2774
MINUT6S OF Tih ITIO HUNDRED AND THIRD RhGULAR Mi,41.1NG OF £Hi COUNCIL
01fOE CITY OF LIVONIA
On April 8, 1957, the above meeting was veld at 33001 Five Mile Road, Livonia,
Michigan, and was called to order at approxinately 8:20 P.M., by the President of
the Council. Councilman lentura delivered the invocation. Roll was called with the
following result: Present -- Austin T. Grant, Frank O 'Neill, Rudolf R. Kleinert,
Peter A. Ventura and John T. Daugherty. Absent -- Sydney H. Bagnall, David L. Jones.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#244-57 RESOLVED that, the minutes of the 202nd regular meeting of
the Council of the City of Livonia held March 25, 1957, are hereby
approved, as submitted, and corrected on page #2764.
A roll call vote was taken on tne foregoing resolution with the following re-
sult:
AYES: Ventura, Kleinert, O'Neill, Daugherty and Grant
NAYS: None
The President declared the resolution adopted.
The City Clerk, Marie Clark, read a letter to the Council from Mayor drashear,
dated March 27, 1957, regarding the Annual Report Contest, Michigan Municipal League.
By Councilman Ventura, seconded by councilman O 'Aeill, it was
#245-57 RESOLVED, that having considered the Mayor's letter dated
March 27, 1957, and the letter from John H. Huss, Director Michigan
Municipal League dated March 7, 1957, urging our City to participate
in an Annual Report Contest, sponsored by said League, such matter
is hereby referred to a special Contest Committee of the Council for
their report and recommendation.
AYES: Ventura, Oleill, Daugherty and Grant
NAYS: Kleinert
The President declared the resolution adopted.
The Chair, at this time, appointed Councilman John 2. Daugherty as Chairman of
the Annual Report Contest Committee.
Marie W. Clark, City Clerk read a letter to the Council from Mayor Brashear
regarding the Sale of Motor Vehicle Highway Fund Bonds, dated April 2, 1957, which
Page 2775
letter was accepted and placed on file, along with attached opinion of Miller, Canfield,
Paddock and Stone, dated March 29, 1957, in regard to the use of Motor Vehicle funds
and proceeds from the sale of bonds under Act. 175.
The hour of 8:30 ?.m., having arrived, the amity Clerk, Marie 4. Clark, opened
and read the following bids:
COP.HUGAYED M2CAL PIPE - DEPAIcTi.Ei''T 01, PUBLIC WORKS
1. Wheeling Corrugating Company 41.80 per lineal ft.
(Disqualified - no certified check or bond att.)
2. Beech Manufacturing Company 0 4,385.90
3, Armco Drainage Metal Products Company 4,385.90
4. Jensen bridge Supply Company 41.80 per lineal ft.
(Disqualified - no certified check or bond att.)
By Councilman Kleinert, seconded by Councilman O'Neill and unanimously adopted,
it was
#246-57 RESOLVED that, the foregoing bids for Corrugated Metal Pipe be
referred to the Department of Public Works for report and recommendation.
The City Clerk, Marie W. Clark read a letter to the Council from Mayor Brashear,
dated March 29, 1957, regaraing inventories of varioas City Departments, which are now
on file in the City Clerk' s office, which letl,er was accepted and placed on file.
Marie W. Clark, City Clerk, read a letter addressed to ClementsCircle Civic
Association, Attention Miss Betty Cunningham, dated March 18, 1957, from Mayor Brashear,
regarding sidewalks along W. Chicago and Harrison Roads.
By Councilman Daugherty, seconded by Councilman O'Meill, and unanimously ad-
opted, it was
#247-57 RESOLVD that, tne letter dated March 7, 1957 from Miss betty
Cunningham, Corresponding Secretary ClementsCircle Civic Association,
in regard to t le lack of sidewalks near toe Silson School, particu-
larly along West Chicago and Barrison Road, is hereby referred to the
City Engineer for his report and recommendation.
Marie W. Clark, City Clerk,read a letter dated March 29, 1957, from the Board
of Wayne County hoad Commissioners regarding Livonia Sewer Project under Res. #219-57.
Page 2776
By Councilman Ventura, seconded by Councilman Daugnerty and unanimously adopted,
it was
L #248-57 RESOLVCD that, the report of the doard of Wayne County Road Com-
missioners dated March 29, 1957, in regard to the physical progress of
the Livonia oewer Project and the financial status thereof, has been re-
ceived and is hereby referred to the ' ,ater and Sewer Committee of the
Council for their study, consideration and report.
Report from William Robinson, Chairman of the Planning Commission, regarding
proposed agreement between the City of Livonia and Albe p,unson, Planning Consultant.
By Councilman Ventura, seconded by Councilman Daugherty, it was
#249-57 RESOLVED that, Council resolution #155-57, wherein the Mayor
and the City Clerk were autl'orized to affix their signatures to a cer-
tain agreement with Albe Munson,qPlanning Consultant, is hereby
rescinded.
AaS: Ventura, hleinert, O'Neill, i)augnertj and (_rant
NAYS: None
The President declared tne resolution adopted.
LLand
#250-57 RESOLVIL.D that, the Mayor and the city Clerk are hereby autnor-
ized to affix their signatures to a proposed agreement dated April 8,
1957, between Albe Munson, Plannini Consultant, and the City of Livonia,
wherein in consideration of the sum of Sixty r'our Hundred Dollars
(1:)6,400) the said Albe Munson will prepare the following:
(1) .bconomic base study,
(2) Traffic, transportation and parking study,
(3) Recreation study,
(4) Prints and printings
and sucn other projects and maps incorporated in said
agreement as may be recuested by the City Planning
Comnission.
AIES: Ventura, Kleinert, uleill, DauLherty and Grant
NAYS: None
The President declared the resolution adopted.
The City Clerk, Marie a. Clark read a letter dlted March 28, 1957, from W. G.
LSharpe, Supt. of Public aorks and Dave Meinz_nlger, Director of Public aorks, regard-
.
ing recommendation on bids for Concrete Pipe.
Page 2777
By Councilman Jentura, seconded by iaugnerty, it was
#251-57 N=CYOLV All that, having considered the report and recommendation
by the Department of Public ,^dorks, dated March 2d, 19')7, the bid of
American letri fi_ee Products Co,ipauy of 1 30'0 Newburg __cad, Livonia,
Michigan, dated March 13, 1957, t le submitted bid of X5,304.35 for
supplying Concrete Pine to the City of Livonia from April 1, 1957, to
April 1, 1958, is hereby accepted and the City Clerk is hereby auth-
orized to do all things necessary to the full performance of this
resolution.
AYES: Ventura, u'iveill, Daugherty
NAYS: Kleinert and Grant
The President declared Lee resolution adopted.
The City Clerk, Marie a. Clark read a letter dated March 28, 1957, from the
Superintendent of Public 'Works to the City Council, recommending bid for Calcium
Chloride.
By Councilman Jentura, seconded by Councilman Daugherty, it was
/1,252-57 RCSOLVD that, pursuant to the recommendation of the Depart-
ment of Public Works dated March 2b, 1957, the bid of the Michigan
Chemical Corporation of St. Louis, Michigan,gan, dated March 11, 1957,
is hereby accepted such having been the lowest bid, for supplying
linuid Calcium Chloride to the City of Livonia for the 1957 season,
at the submitted bid of c.4) per liou_d ton to storage tank, and
010.35 per liouid ton distributed on streets, and the City Clerk is
hereby authorized to do all things necessary to the full performance
of this resolution.
AYES: Ventura, Kleinert, O'Neill, JJaudherty and Grant
NAYS: None
The President declared the resolution adopted.
Marie W. Clark, City Clerk, presented the matter of Street Lighting, Sec. 35.
By Councilman Ventura, seconded by Councilman O'Neill, it was
RESOLVED that this renuest be tabled until the next regular
meeting , at which time absent members of the Council can be present,
when the Council would be in a better position to dispose of the matter.
AYES: Ventura, O'Neill
NAYS: Daugherty, Kleinert and Grant.
The President declared the resolution denied.
Page 2778
After further consideration, on motion
By Councilman Ventura, seconded by Councilman Kleinert, it was
#253-57 RESOLVED that, the matter of Street Lighting in Section 35 be
tabled until the next meeting, April 15, 1957.
AYES: Ventura, Kleinert, O'heill and Grant
NAYS: Daugherty
The President declared the resolution adopted.
A ten minute recess was called at 9:30 o'clock P.M., after whicn the meeting re-
sumed with all members persent mo were named as present in the original roll call of
this meeting.
The City Clerk, Marie V. Clark,reierred to a letter to Mr. Austin Grant, Presi-
dent of the Council, dated March 20, 1957, from the Civil Service Commission regarding
proposed rate changes.
By Councilman Daugherty, seconded. by Councilman O'Neill, it was
#254-57 RESOLVDD, that the proposed schedule of changes in Civil Ser-
vice rates and classifications, dated February 20, 1957, is hereby
tabled to the Committee of the ghole meeting on fhursday, April 11,
1957, for study, and to the regular meeting of the Council on April 15,
1957, for action.
AYES: Ventura, oaugherty and Grant
NAYS: Kleinert
The President declared the resolution adopted.
Marie W. Clark, City Clerk, read a letter to the Council from the Department
of Public Works, dated Anril 2, 1957, regarding foot-bridge crossing over Gates Drain
at Rayburn in Coventry Gardens.
By Councilman Kleinert, seconded by Councilman and unanimously ad-
opted, it was
#255-57 RESOLVED that, having considered the report and recommendation
of the City Engineer and the Director of Public Works, dated April 2,
1957, in regard to the proposed foot bridge crossing over Gates drain
in Coventry Garden Subdivision, the Council does hereby refer this mat-
ter to the Streets and Roads Committee of the Council for the purpose
of arranging a conference with the representatives of interested resi-
dents: Mrs. Helen Hay, 33991 Dorais Ave. , and Mrs. Opal Nutt, 15693
Edington.
Page 2779
The City Clerk, Marie W. Clark, read a letter of recommendation to the Council
from the City Planning Commission regarding Munger Avenue - Section 14.
LBy Councilman Kleinert, seconded by Councilman O'Neill and unanimously adopted,
it was
#256-57 RE3?LVED that, having considered the report and recommendation
of the City Planning Commission dated March 22, 195'7, in regard to the
extension of Munger Avenue from Merriman to Henry Ruff Roads in the
northwest 1/4 of Section 14, the Council does hereby approve such report
and provided the owners of the parcels involved dedicate the necessary
property and agree to pay a sufficient assessment to cover the cost of
such improvement, the City will then proceed with the proposed improve-
ment.
The City Clerk, Marie W. Clark, read a letter to the Council dated March 22,
1957, from the City Planning Commission, rt_garding Merriman Road - Sections 2 and 3.
By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted,
it was
#257-57 RS S0LVHD that, the Council of the City of Livonia, deeming it
necessary for the public safety and for the orderly development of the
streets and roads within the City of Livonia, does herein request that
Lthe Board of Wayne County Road Commissioners consider and take the for-
mal steps necessary for obtaining jurisdiction and extending Merriman
Road from Seven Mile to Eight Mile Road in the City of Livonia.
Marie W. Clark, the City Clerk, read a letter to the Council from W.M. McCarey,
City Engineer, and Dave Meinzinger, Director of Public Works, dated March 28, 1957,
regarding Henry Ruff Road, between easement N of Grangelawn and easement N. of
Gra ndon Avenue - Alternate proposition.
By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted,
it was
#258-57 REL,CLVED, that the Council does herein acknowledge and accept
the report of the City Engineer in regard to certain improvements on
Henry Ruff Road between Crangelawn and G.randon Avenues, and does herein
request that the City Clerk transmit a complete copy thereof to hr. G. J.
Sywassink, 9970 henry huff Road, Livonia, Michigan.
The City Clerk, Marie W. Clark, referred to a report from the Department of
Public Works regarding paving of Jeering, Plymouth to guest Chicago, etc.
Page 2780
By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted,
it was
#259-57 BEA;LVD, that the Council naving adopted Resolution #496-56
at its 179th regular meeting held on July 30, 1956, requiring the City
Engineer to ascertain tie assessed valuatio- of all property affected
by the proposed surfacing of peering Avenue from Plymouth Road to Jest
Chicago Road, for a distance of approximately 4,b20 (four thousand six
hundred twenty) feet, the number of parcels which show tax deliouencies,
the number of parcels owned by public authorities, the number of parcels
which are vacant, and to prepare or cause to be prepared plans and spe-
cifications therefor and an estimate for the cost thereof, and to file
the same with the City Clerk, together with his recommendation as to
what proportion of the cost should be paid by special assessment and
what part, if any, should be a general obligation of the City, the num-
ber of installments in which assessments may be paid and the lands which
should be included in the proposed special assessment district; and it
appearing to the Council that all PC such information, estimate, plans
and specifications and recommendations have been properly filed by the
City Engineer with the City Clerk under date of April 8, 197, and that
there has been a full compliance with all of the provisions of Section 6
of Ordinance No. 31, as amended, sntitled "An Ordinance to Provide for
the ieaking of Public Improvements, Defraying th, Expense Thereof by
Special Assessment and a Special Assessment Procedure", the Council does
hereby set Aoril 30, 1957, at 8:00 as the date and time of a pub-
lic hearing on such proposed improvement, which public hearing shall be
held before the Council in tne City Rail, 33001 Five Mile Road, Livonia,
Michigan, pursuant to jection 8 and q of said Ordinance No. 31, as
amended; and the City Clerk is hereby directed to give notice and pub-
lication of such hearing as is reouired by Jection 7 of said Ordinance.
By Councilman Ventura, seconded by Councilman O 'Neill and unanimously adopted,
it was
#260-57 RESOLVILJ that, the Council suspend the regular order of busi-
ness to take care of certain items on the agenda wherein interested
persons are waiting to be heard on those items.
Marie Clark, the City Clerk, read a letter to the Council dated March 22nd,
1957, from the City Planning Commission regarding Petition #L-208.
By Councilman Ventura, seconded by Councilman Jaugherty and unanimously adopted,
it was
#2b1-57 REXLVAD that, the report and recommendation oi the City Plan-
ning Commission dated March 22, 1957, as to Petition No. L-208 of Jesse
M. and Florence Bonner for a change of zoning classification in the
northeast 1/4 of L'ection 9 from if-1-B to G-1 has been considered and
such petition is hereby approved and the City Attorney is instructed to
prepare an ordinance amending Ordinance ko. 60 in accordance with this
resolution.
Page 2781
The City Clerk, Marie 4. Clark, read a letter to the Council, dated 'Parch 22,
1957, from the City Planning Commission, regarding Petition No. Z-209.
By Councilman Jaugrierty, seconded by Ccencilman Kleinert and unanimously adopted,
it was
#262-57 HEOLITED, Mat the report and recommendation of the City Plan-
ning Commission dated larch 2 , 1) 7, as to Petition No. Z-209 of Simon
Ash et al for a change of zoning classification in the southwest 1/4
of Section 27 from C-2 to H-1 is approved and the City Attorney is in-
structed to prepare an ordinance amending Ordinance No. 60 in accord-
ance with this recommendation.
The City Clerk read a letter to the Cit, Council, dated 1,:arch 22, 1957, from
the City Planning Commission re arding Petition No. Z-210.
By Councilman Kleinert, seconded b- Councilman O'Neill and unanimously adopted,
it was
12b3-57 RESOLVED that, the report and recommendation of the City Plan-
ning Commission dated March 22, 1957, as to Petition No. Z-210 of Hobert
Labadie for a change of zoning in the southeast 1/4 of Section 35 from
C-1 to C-2 has been considered, and such petition is hereby denied.
Marie W. Clark, the City Clerk, read a letter from Mr. R. R. Schwartz, 31591
Myrna, dated March 22, 1957, and also from Mr. Joseph Prevost, 29815 Joy Road, dated
March 21, 1957, regarding amendment to Ordinance #115, to allow pro-rated connection
fee in certain cases.
By Councilman Kleinert, seconded by Councilman Ventura and unanimously adopted,
it was
#264-57 RESOLVED that, whereas tee Council is at present in the process
of preparing an amendment to Ordinance #115 which, among other items,
will make it possible for persons constructing homes at any time prior
to the date on which sewers become available to their particular proper-
ties, to make payment of the applicable connection rate over a period of
thirty (30) years, and whereas under Section 5 oi Ordinance #115 the
Council has authority to establish special rates to meet special circum-
stances, and whereas tne Council does nereby determine that it would be
inequitable to at present require cash payment of the current applicable
connection rate from persons in the circumstances described above, it is
hereby deemed that the Water ard. Sewer Division is hereby authorized to
accept deferred payments for connections to the Sewage Disposal System
by persons who have constructed homes prior to the time that sewers be-
came available to their property; provided, however, that in these spe-
cial cases such an individual shall sign an agreement to make payments
over a period of thirty (30) years, which agreement shall not specify
the total amount which may be due and parable over that period, and be
it resolved further that such individuals shall be subject to any future
Page 2782
changes in the rates prescribed by Ordinance 7115, and that tne agree-
ment presently used by the dater and hewer Department for tne purpose
outlined above and all other nurposes permitted by said Ordinance shall
be altered to omit any n ±erence to the total amount which may be due
and payaele over the total deferred payment period.
The City Clerk, Marie J. Clark, read a letter to tne Council dated iqarch 28,
1957, from W. R. LcCary, City Engineer and have P.einzinger, Director of Public works,
regarding Algonquin Park Subdivision - revised subdivision bond.
By Councilman Ventura, seconded by Councilman Dauhherty and unanimously adopted,
it was
#265-57 RESOLVED that, havini; considered the report and recommendation
of the City Engineer and the Director c± Public Works dated iarch 28,
1957, and the communication of Edwin M. Crr, consulting engineer,dated
March 28, 1957, the Council does hereby amend esolution No. 6o7-56,
Item No. 3 adopted October 15, 195b, and does hereby establish the bond
for remaining improvements in the algonquin Park Subdivision in the
amount of 4300,000.00
ihe City Jierk, luarie . :aark, read a letter from Rev. 4. Koelpin, St. Paul's
Evangelical Lutheran Church, Livonia, 1,Acriir!;an, to the City Council, dated April 1,
1957, regarding church property adjoinin, City property.
Lopted, it was
By Councilman Daugherty, seconded b: Councilman U' eill, and unanimously ad-
#260-57 RESOLVED that, the leuter doted April 1, 1957, from St. Paul's
Evangelical Luthern Church, 15218 varmineton Hoad, Livonia, 'Fiichigan,
wherein they reouest that the City Consider and cooperate in correcting
the irregular boundary line between the properties of the above church
and the City, is hereby referred to tne Civic Center Committee of the
Council for their study, consileration and report;
and
By Councilman Ventura, seconded oy councilman Kleinert and unanimously adopted,
it was
#267-57 RESOD/2,D that, the Council having considered tne request from
the St. Paul's Evanfn,lical Luthern Church, 15218 '2armington Poad, Livonia,
Kichigan, does her in I- arit, permission to the said church to cross and
transgress the City property adjacent to the church property for the
purpose of grading and filling too saia church property and resolved
further that the Department ofPublicks is authorized to work with
and cooperate wherever possible with the aa.oresaid churcn in tnese op-
erations.
Kane J. Clark, City Clerk, read a letter from James k. Cleveland of Local 172b2,
L U.A.d., to the City Council, dated narca 29, 1957, recuest ue permission to retain vot-
in , booth on Amrhein 'Load.
Page 2783
By Councilman Kleinert, seconded by councilman ani] unanimously adopted,
it was
#268-57 RESOLVED that, toe request cf jag. . Cleveland, Financial Sec-
retary, Local ;,2u2, U. +., dated march 2'), 1057, for permission to re-
tain the voting booth on the public easement at the Chevrolet Spring and
bumper gate at Amrhein Road until Lay 23, 1957, is hereby granted.
rhe City Clerk, Marie W. Clarl< , read a letter mrorn Dennis Boyle, Penobscot Bldg.,
Detroit 26, Michigan, retarding overflow of wager on Western Golf and Country Club,
which letter was accepted and filed.
Marie W. Clark, City Clerk, read a letter to t ie Council from 4. R. McCary,
City Engineer, and Dave Leinzinger, Director of Public Works, dated March 25, 1957, re-
garding Rouge Trail View Subdivision bond Release.
By Councilman Ventura, seconded by Councilman Daugherty, it was
#269-57 R;iaiLV:,D that, pursuant to the recommendation of toe Director
of Public Works and the City engineer, dated March 25, 1957, the Council
does hereby release the bond in the amount of 400,o50 which was posted
September lQ, 1955, with the City to insure the installation cf improve-
ments in the Rouge frail View Subdivision, and tae City Clerk is hereby
authorized to do all things necessary to the full performance of this
resolution.
AYES: Ventura, Kleinert, O'Neill, Daugherty and Grant
NAYS: None
The President declared the resolution adopted.
The City Clerk, Marie 4. Clark, read a letter to the Council from the Depart-
ment of Public Works, dated April 4, 1957, regarding Terrence Park Subdjvision - es-
tablishing a bond fcr remaining subdivision imprcvernents.
By Councilman Kleinert, seconded by Councilman 0' aeill, it was
#270-57 RESOLVED that, having considered the report and recommendation
of the City Engineer and the Director of Public Works dated April 4,
1957, and the communication from Edwin M. Orr, Consulting Engineer,
dated April 4, 1957, the Council does hereby amend Resolution No. 5b8-56,
Item No. 3, adopted September 10, 195c, and does herein establish the
bond for remaining improvements in Terrance Park subdivision (formerly
known as Harrison Park Subdivision) in the amount of 05,000.00.
AYES: Kleinert, O'Neill and Grant
NAYS: Ventura, Daugherty
The President declared the resolution adopted.
Page 2784
Marie d. Clark, City Clerk, read a letter to the Council from the Department
of Public Works, dated April 4, 1957, regarding reduction of Bond, Belle-Lynn Sub-
division.
By Councilman Kleinert, seconded bir Councilman Daugherty, it was
#271-57 RSSULVED that, having considered the report and recommendation
of the City Engineer and the Director of Public Works dated April 4,
1957, and the communication from Ldwin Si. Orr, Consulting .i ngineer,
dated March 29, 1957, the Council does herein amend Resolution No.
466-56, Item No. 3 adopted July 16, 1950, and Resolution No. 742-56
adopted November 13, 1956, and does hereby establish the bond for re-
maining improvements in the Belle-Lynn ,Jubdivision, formerly known
as the Gordon-Begin Subdivision ivo. 2, in tae amount of 450,000.00.
AYES: Ventura, Kleinert, O'Neill, Daugherty and Grant
NAYS: None
The President declared the resolution adopted.
The City Clerk, Marie d. Clark, read a letter to the Council from the Department
of Public •Yorks, dated April 1, 1957, regarding Livonia Sewer Project - Zone 5.
By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted,
it was
#272-57 RESOLVED that, pursuant to the recommendation of the City En-
gineer and the Director of Public ;orks dated April 1, 1957, the City of
Livonia does hereby accept he following sewers in Zone 5 of the Livonia
Sewer Project:
Those sewers in Zone 5 south of Seven Mile Road and east
of Mid dlebelt Road except the line in Brentwood south of
Pickford;
only for the purpose of placing such sewers in operation, making connec-
tions thereto and carrying out the provisions of all ordinances pertain-
ing thereto but without waiver of any rights or claims as to defects,
damages or performance of contracts.
The City Clerk, Marie W. Clark, read a letter from the Department of Public
Works to the Council, dated April 1, 1957, retarding Botsford Park Subdivision, Sani-
tary Sewer Extension.
By Councilman Ventura, seconded by Councilman Daugherty, it was
#273-57 RESOLVED that, pursuant to the report and recommendation of the
City Engineer and the Director of Public dorks dated April 1, 1957, and
Page 2785
the communication of Mdwin M. Orr, Consulting mngineer, dated Larch 27,
1957, the Council of the City of Livonia does hereby approve of the ex-
tension of the sanitary sewer referred to in the above communications,
provided, however, that Young and Yagoda, builders, shall deposit with
the City of Livonia a performance bond in the amount of 4p4,000.00 to in-
sure that the construction of the said sanitary sewer extension is in
accordance with plans and specifications approved of by the department
of Public Works; and provided, further, that the said builder shall de-
posit with the City cf Livonia, in cash, prior to the construction of
said improvement, inspection and administration fees in the sum of
3-1/2% of the estimated total cost of construction as set forth in the
above referred to reports.
AYES: Ventura, Kleinert, L'Neill, Daugherty and Jrant
NAYS: None
rhe President declared the resolution adopted.
Marie '1. Clark, City Clerk, read a lett .r to the Council from the Traffic Com-
mission, dated March 20, 1(-)57, re7ardilg widening iarmington Road Approach onto
Plymouth Road.
3y Councilman Daugherty, seconded by Councilman Jentura and unanimously adopted,
it was
#274-57 RESOLVED that, the raport of the Chairman of the Zraffic Com-
mission, dated Larch 27, 1957, be referred to the Streets and Roads Com-
mittee of the Council of the City of Livonia for consideration and action.
Councilman Kleinert read and introduced the following ordinance, Petition V-16.
AN ORDINANCm VACATING PO} TIOi OF
SrRET ALLE1 AND PUBLIC GhOUND.
TrIE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission dated Novem-
ber 27, 1956, on Petition No. V-16 for vacating portions of certain street, alley and
public ground is hereby accepted and adopted; and tne Council does hereby approve all
proceedings on said Petition, it appearing that a public tearing thereon was held
on October 16, 195b, as provided by law and that proper notices of such hearing were
given.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled, "An Ordin-
Lance Providing the Procedure for Vacating of Streets, Alleys and Public Ground, 1 as
amended by Ordinance No. 50, the following portions of a certain street, alley and
P ;e 2786
public ground are uereby vacated:
(a) That certain a-a11s' Hescri bed n ;et tion , o. I-16 oein, ,sore pro-
Lperly described as i,,at hart of a public alley twenty (20) feet r-de in
the rear of rod south of and adjoiningLots 1 to P) inclusive, except
for the easterly twent (20) fi es t iereof, of "Assessor's Plat Argonne
State h3ubdivision, a resubdivision of Lots 1 to 20, 26 to 4), 62 to 75,
inclusive, and vacated alleys of Arcane Annex, " a subdivision of part
of the Northeast ,quarter of Section 1, i'. 1 5., H. 9 E., Livonia, Wayne
County, Michigan; provided however, that tnere be and hereby is reser-
ved an easement extending the 'ull width of the present alley for pub-
lic utility purposes; and provided, further, that said heretofore de-
scribed property shall revert to public property without financial
penalty to the City of Livonia =i.n the event and at such time as the
City determines that the said property is reciuired for public alley
Lpurposes.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby re-
pealed 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 remaining portion of
this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
Councilman Daugherty read and introduced the following ordinance, Petition V-17:
AN ORDINA`JCE VACATIiG PORTIONS OF
STREET, ALLEY A L PUBLIC GROUND.
THE CITY OF LIVONIA ORDAINS:
LSection 1. The report and recommendation cif the City Planning Commission dated January
14, 1957, on Petition No. V-17 for vacating portions of a certain street, alley and
Page 2787
public ground is hereby accepted and adopted, and the Council does hereby approve all
proceedings on said Petition, it appearing that a public hearing thereon was duly
held on December 18, 1956, as provided by law and that proper notices of such hearing
were given.
Section 2. Pursuant to Ordinance No. 2A of the City of Livonia entitled, "An Ordin-
ance Providing the Procedure for Vacating of otreets, Alleys and Public Ground," as
amended by Ordinance Ho. 50, the following portions of a certain street, alley and
public ground are hereby vacated:
(a) That certain alley described in Petition No. V-17 being more pro-
perly described as the eighteen (18) foot alley situated between
Fremont and Hugh Streets from Dover to vacated Cathedral Avenue in
the Southeast 1/4 of Section 35, 2. 1 S., R. 9 E.; provided, however,
that there be and hereby is reserved an easement the full width of the
present alley for public utilities and surface drainage.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby re-
p e aled 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 remaining portion of
this ordinance.
The foregoing Ordinance was placed on tee table for consideration at the next
regular meeting of the Council.
Councilman Ventura read and introduced the following ordinance, Petition V-18:
AN ORDINArJCE VACATI :G PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission dated February
22, 1957, on Petition No. V-18 for vacating portions of a certain street, alley and
public ground is hereby accepted and adopted, and the Council does hereby approve all
Page 2788
proceedings on said Petition, it appearing that a public hearing thereon was duly held
on February 19, 1957, as provided by Law and that proper notices of such hearing were
given.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled, "An Ordinance
Providing the Procedure for Vacating of Streets, Alleys and Public Ground," as amended
by Ordinance No. 50, the following portions of certain street, alley and public ground
are hereby vacated:
(a) That certain alley described in Petition No. V-18, being more pro-
perly described as the twenty (20) foot public alley presently situated
immediately north of Lots 376 to 388 inclusive, and immediately south of
Lots 375 to 389 inclusive, of E. G. Settle Company's Bonaparte Gardens
Subdivision of the bouth 1/2 of the Southeast 1/4 of Section 35, Town 1
South, Range 9 Last, City of Livonia, kichigan, provided, however, that
there be and hereby is reserved an easement the full width of the pre-
sent alley for public utilities.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby re-
pealed 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 remaining portion of
this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
Councilman Ventura read and introduced the following emergency Ordinance:
ORDIiv . CL r.,0. 162
AN ORDINANCE '10 PROVIDE FOR LICENSING All REGULATING fi-IL OPERATION OF
CERTAIN EvTERTAINhENTS AND AkiUOE1J1 T,) IN THE CITY OF LIVONIA; TO PRE-
SCRIBE LICENSE FEES, TO PROVIDE FOR INSPECTIONS AND TO PROVIDE A PEN-
ALTY FCR THE VIOLATION CF THE 1'Eh:iu3 IEREOF.
Page 2789
THE CITY OF LIVONIA ORDAIA5:
License Required,
LSection 1. No person or persons, firm, company or corporation shall exhibit or main-
tain in the City of Livonia any circus or carnival for which pay is demanded, received
or collected until a license or permit tnerefor, as the case may be, has been obtained
from the City of Livonia.
Application for License.
Section 2. Applications for licenses or permits shall be filed with the City Clerk and
shall set forth fully and completely the following information:
(a) The full name of the applicant or applicants and of every person in-
terested in the issuance of the license or permit applied for together with
the business and residence addresses of such persons.
(b) T1 place or places where it is proposed to establish, maintain or op-
erate the amusement or activity for which a license or permit is asked.
(c) The name and description of games and devices to be employed in such
entertainment or amusement together with the number of such games and de-
vices and tne prizes, gifts or reward , if any, to be distributed.
(d) In the case of an application for a license, a list of all towns,
cities, and villages in which such circus or carnival was operated during
the period of one year next preceding tne date of making such application.
Issuance of License.
Section 3. The City Clerk is hereby authorized and shall issue a license or permit, as
the case may be, to an applicant; provided, however, that an applicant for a license
shall have paid to the City Treasurer the license fee hereinafter prescribed and, pro-
vided further, that no license shall be issued unless the applicant tnerefor shall file
with the City Clerk a cash or surety bond in the amount of One Thousand Dollars
( 1,000) conditioned that no damage will be done to the streets, sewers, trees or ad-
160 joining property from the operation of such amusement or entertainment, and that no
Page 2790
dirt, paper, litter or other debris will be permitted to remain upon the streets or
upon any private property by such liceniee, and, provided farther, that no license snail
be issued by the City blerk until certillcat( s have been received from the Police De-
partment, Fire Department, Bureau of Inspect-len and tue Health Department stating that
they have inspected the premises and tie efluinment to be used in the operation of the
amusement or entertainment and recommend:in e issuance ci sucn license . An appli-
cant for a license or permit uneer the nrovis-ons of this ordinance shall also be re-
quired to show sufficient evidence of finane 1 ability as a condition precedent to
the issuance of any license or permit.
Location.
Section 4. 14otwithstanding any of the brevi ;ions of this ordinance, no amusement for
which a license or permit is reouired by the tersm of chis ordinance shall be estab-
lished, operated or maintained within Six Hunered (O00) Feet of the closest occupied
residence; provided, however, that Leis sectioe shall not be enforced where the writ-
ten consent of the occupant(s) of such resitencecs) has been obtained.
License Fee.
Sectjon 5. Before any license snail be issued unoer t.he terms of this ordinance the
applicant shall pay to the City Treasurer a licen$e fee ior establishing, maintaining
or operating such amusement or entertainment, in the following sums respectively:
(a) fhe license fee for a circus, commonly known as a "show" or for
any public amusement known as a carnival, shall be the sum of One Hundred
Twenty Five Dollars (ql25) for a period of one week or less, and the
sum of One Hundred and Seventy Five Dollars (41_75) for any period ex-
ceeding one week but not to exceed two weeks. Where an amusement con-
tinues beyond two weeks the license ice shall be in the amount of Len
Dollars ( 10) for each day of such extended period, payable in advance.
(b) The annual license fee for all amusement parks or amusement places,
including those commonly called "hiddieland" shall be the sum of One
Page 2791
Hundred Dollars (,4100) payable in advance.
Street Carnival: Consent of ftesidents.
Section 6. No person, persons, firm or corporation shall conduct or cause to be con-
ducted in the City of Livonia any so-called "street carnival" or "street fair" unless
the same is composed of local talent and operated by local fraternities, groups or
clubs. Provided, however, that in no event shall any "street carnivalor "street
fair" be permitted to operate within the limits of the City of Livonia unless a peti-
tion reouesting same is first filed with the City Clerk, signed by at least fifty per
cent (50,6) of the people living within a radius of three hundred (300) feet of the
location proposed to be used for such "street carnival" or "street fair." The word
"people" in this ordinance is defined to mean any person of the age of twenty-one (21)
years and upwards.
Section 7. Exempt Exhibitions .
(a) The provisions of Section 5 of this ordinance shall not apply to amuse-
lim ments when operated and actually conducted by the members of local fraternities,
religious groups, societies or clubs, whether or not composed of local talent.
Provided, however, that application shall be made to and a permit therefor ob-
tained from the City Clerk of the City of Livonia.
(b) Before any permit shall be issued as provided for in this section an ap-
plication shall be made which shall contain all the information required under
Section 2 of this ordinance.
(c) Nothing contained in this section shall excuse any person, persons, firm
company or corporation who operates, maintains or exhibits any such amusement
under the sponsorship or auspices of any local fraternity, religious group,
society or club, from complying with toe provisions of Section 5 of this ordin-
ance.
L Conduct.
Section 8. No person, persons, firm or corporation receiving a license or permit
Page 2792
under the provisions of this ordinance shall allow any disorderly conduct or use of
Li any immoral, profane or indecent language or allow such place of amusement or exhibi-
tion to become and be a place of resort for thieves and other disorderly persons.
Approval of dealth DeparLment.
Section 9. Where food and/or beverages of any description are to be dispensed in con-
junction with the operation of such enterta_nment or amusement, as herein defined, the
approval of the Department of len1th of the City of Livonia shall be obtained, before
a license is issued, as to the proposed sanitary facilities to be furnished in the dis-
pensing and handling of all foods or beverages.
Electrical Inspections.
Section 10. Diming the operation oi such enterprises or undertakings, as hereinbefore
defined, all electrical fixtures and wiring where temporarily installed for the parti-
cular amusement or enterLainment, shall be subject to inspection by the Bureau of In-
spection and if found improper shall be remedied forthwith. Failure to so comply shall
Lcause a revocation of said license.
Inspection by Fire Department.
Section 11. All amusements herein provided for shall be at all times subject to the
inspection and proper control of the Fire Department and license or permit holders
shall comply with all orders intended to protect life and property from fire hazards
and shall also comply with all of the ordinances of the City of Livonia.
License Expiration.
Section 12. All annual licenses granted hereunder shall expire on toe first Tuesday
in May after the day of issuance.
Time of Operation.
Section 13. The Police Department of the City of Livonia is herein authorized to es-
tablish the time of and days of the week during which the amusements or entertainment
L. hereinbefore described shall be permitted to operate, such periods during which said
amusements and entertainment may lawfully operate shall be posted by said department
Page 2793
in conspicuous places at the location of the particular licensed or permitted amusement
or entertainment.
LSchools Exempt.
Section 14. This ordinance shall not extend i,o any aialibitions by the pupils of any
private or public school.
Refusal or hevocation.
Section 15. Any license or permit issued under the provisions of this ordinance may
be revoked by the director of Public safety at any time for violation of any of the pro-
visions of this ordinance or of any other ordinance of the City of Livonia or of the
State or Federal statutes. Any violation thereof shall constitute sufficient grounds
for revocation of any license issued hereunaer and shall be considered sufficient
grounds for the refusal to grant a license in the first instance.
Appeal.
Section 16. In case any applicant under this ordinance shall be refused a license or
in the event any licensee under this ordinance shall have had his license revoked, said
applicant or licensee shall have the right to file an appeal with the City Council with-
in ten (10) days of such refusal or revocation, the City Council shall thereafter con-
duct a hearing on such appeal and finally determine the matter by affirming, modifying
or withdrawing such refusal or revocation.
Penalty.
Section 17. Any violation of this ordinance shall constitute a misdemeanor and upon
conviction tnereof shall be punishable by fine of not more than Five Hundred Dollars
(500) or by imprisonment for not morethan ninety (90) days or by both such fine and
imprisonment in the discretion of the court.
Severability.
section 18. Should any portion of tnis ordinance be held invalid for any reason such
holding shall not be construed as affecting the validity of any of the remaining por-
tions of this ordinance.
Page 2794
Repeal.
Section 19. All ordinances or parts of ordinances in conflict herewith are hereby
Lrepealed only to the extent necessary to give this ordinance full force and effect.
Emergency Ordinance
Section 20 This ordinance is hereby declar,-'d Lo be an ewers .nC;, or_in nce necessary
for tide protection of toe pui lic he alt L as a w fare, and shall taae of f;ct immediately
on publication.
A roll c^11 vote w s co "ducted on tna fore , i . Ordinance Tith the following result:
AYES: lemur , nleinert, u',leill, iiaugherty and Jrant
Ala . lone
The Preshent declar d the orals .l c 1 1 adopt ea and will become effective
on publication, April 1L,', 1057
Council President ksrant sLeoned corm iron. the Chair it 11:12 P.L., turning it
over to Vice-Pr sident O' Bill, who conducted t LF oalar,ce of u :e meeting
L
Councilman rrant r, ad and introduced he following ordinance:
t ;'C,
}.�iiOPi :SLI) 2'..ti(_;iiii 1, u-,Il1JWC]L
AC CRDLh,AI CE 20 LIC:21;;A,., it S Rni. il,Af , , 'TAXlC:ib A. i) in_O2OIL Vf_. ICLE cud hIitLJ 3USINESS:
FIX FELS : RATES: 20 iiit(,VillL FOE LL"Lb1LiIi L-hLi�CL: iU LICf1SDRIVERS:: 'I'0
PR.O IDi., KR TAXI TnE' EEE II 3RiCilu d), JCtnllUC2 Cr bEIVLan, iiisi'CJA[, ,F L03'1' PROF�hTY,
ADVE i.2I bli,u A C) ESLA 2Ei) LA!'i LHS LA.) 20 Pit.".'1,11)2, A P.L11' Al2.2.1. f''uk i rE VIOLA"IC C r 21-a
TSE S1CP:CCF.
f-f6 CIii OF LIVUiiIA uitJAI 3:
Chapter One - Scope
Section 1.1 Purpose. The transliortation of persons for hire by means of taxicabs
and vehicles for hire is a matter closely affecting the public interest and welfare.
The health, safety and welfare of the people of Livonia reouires that taxicab drivers
Lbe persons of good character and that uhe taLicab or motor vehicle for fire itself
be in sound and safe condition.
Page 2795
Chapter Two - Title and 'definitions.
Section 2.1 Title. This ordinance shall be known and cited as the Taxicab Ordinance.
Section 2.2 Definitions. The following; terms shall be defined to mean:
(a) "City" shall mean the City of Livonia, Wayne County, Michigan.
(b) "Department" shall mean the Police Department of the City of
Livonia and authorized officers and agents thereof.
(c) "Clerk" shall mean the duly elected and acting City Clerk of the
City of Livonia.
(d) "'Treasurer" shall mean the duly elected and acting Treasurer of
the City of Livonia.
(e) "Council" shall mean the duly elected and acting Council of the
City of Livonia.
(f) "Chief of Police" shall mean the duly appointed or acting Chief
of the Livonia Police Department .
(g) "Person" shall mean and include an individual, corporation, part-
nership, unincorporated association or any other legal entity.
(h) "Owner" shall mean any person to whom a license has been issued.
(i) "Applicant" shall mean any person, co-partnership, association or
corporation applying for a license hereunder, or any person apply-
ing for a driver's permit hereunder, as the case may be.
(j) "Driver" shall mean any person wno driv,,s a taxicab or motor ve-
hicle for hire.
(Ic) "License" shall mean that license authorizing the holder thereof
to conduct a taxicab or motor vehicle for hire business in the
City of Livonia.
(1) "Driver's Permit" shall mean the permission granted by the Depart-
ment to a person to drive a taxicab or motor vehicle for hire upon
the streets of the City of Livonia.
Page 27)6
(m) "Taxicab" shall mean a passenger vehicle driven by mechanical
power on which a taximeter is fix2d.
L (n) "Taximeter" shall mean a mechanical instrument or device by which
the charge for hire is mechanically calculated and upon which such
charge shall be indicated by means of figures.
(o) "Motor Vehicle for Hire" shall mean a motor vehicle not equipped
with a taximeter, designed to carry eight (8) or less passengers
for public hire at an hourly rate.
(p) "Cruising" shall mean the movement of a taxicab or motor vehicle
for hire without passengers over the public streets in search of,
or soliciting prospective passengers for hire; except that unoccu-
pied taxicabs proceeding to answer a telepnone call for taxicab
service from an intending passenger, and taxicabs returning by the
most direct route, after having discharged a passenger or passen-
L. gers, to the garage where said taxicab is housed or to the unoc-
cupied stand nearest to the place of discharge of the passenger or
passengers, shall not be considered cruising.
(q) "Loading zone" shall mean any portion of a street, alley or public
place in the City of Livonia which nas been set apart and design-
ated as a place for taxicabs or motor vehicles for hire; also re-
ferred to as a "Stand."
Chapter Three - Licenses and Fees.
Section 3.1 Licenses for Vehicles. No person, either his principal, agent or employee,
shall run or operate for hire any taxicab or motor vehicle for hire as hereinbefore
defined, upon the streets of the City of Livonia without first obtaining a license
therefor. No taxicab license or license for motor vehicle for hire shall hereafter
Lbe issued unless the Council shall by resolution declare that the public convenience
and necessity require the proposed taxicab service or motor vehicle for hire service
Page 2797
for which application for license is made. Provided, however, that such declaration
of public convenience and necessity shall not be necessary for the renewal of licenses
LI to the applicant for which the said Council shall have at any time prior to the date
of application for such renewal, made a aeclaration of public convenience and necessity.
Section 3.2 Application for License. An application for a license shall be filed
with the Clerk, verified under oath, and containing the following information:
(a) The name and address of applicant.
(b) Previous experience in transportation of passengers.
(c) Financial status of applicant, including the amount of all unpaid
judgments against the applicant .
(d) Whether or not the applicant intends to drive the taxicab himself.
(e) Any facts which the applicant oelieves tend to prove that public
convenience and necessity require the granting of a license.
(f) The number of vehicles to be operated or controlled by the appli-
cant and the location of proposed stands.
(g) The color scheme or insignia to be used to designate the vehicle
or vehicles of the applicant.
Section 3.3 Investigation, Recommendation of Department. The Clerk shall forward
all such applications to the Department . The Chief shall cause an investigation to be
made of the fitness of the applicant as to character and ability. This investigation
shall include the financial status of the applicant, including the number and amounts
of all unpaid judgments, the experience of the applicant in the transportation of pass-
engers, whether or not the applicant has a criminal record and any other facts which
in the opinion of the Chief are relevant 60 the fitness of tle applicant to operate a
taxicab or motor vehicle for hire service. The Chief shall transmit the application
with his attached recommendation to the Council.
Section 3.4 Council Determination of Public Convenience and Necessity; Council Auth-
orization of License. Ii the Council finds that further taxicab and/or motor vehicle
Page 2798
for hire service in the City is required by the public convenience and necessity, then
the Council shall declare such by resolution. If the Council after studying the appli-
cation and recommendation of the uepartment shall dete omine that bhe applicant is a
proper person, both in experience and character, and that the applicant is fit and will-
ing and able to perform such public transportation business and to conform to the pro-
visions of this ordinance and t'ne rules promulgated by the Council, then the Council
shall by resolution authorize the granting of a license for a specified number of taxi-
cabs or motor vehicles for hire upon the pa:ment of the 'license bee and the tiling of
an insurance policy or bond as lereina ter provided, such license to ue issued by the
Clerk. the Council shall not in any event cause to operate within the City limits,
during any one period, more than three licensed taxicab services.
Section 3.5 Refusal of License. 'rc Council shill refuse a license when in its opin-
ion there are licensed a sufficient nwr per 01 uaxicabs or motor venicles for hire
would interfere with the public use of the streets, congest traffic or endanger the
person or property of pedestrians or those usinr, the streets, or when in the opinion
of the Council the applicant does not possess good moral character.
Section 3.6 Domicile . r1 license shall not be issued or cause to be issued unless and
until the applicant establisnes that the domicile of his business is to be within the
limits of the City
Section 3.7 Indemnity* Cord and Liability Insurance.
(a) Po license to operate a taxicab service or motor vehicle for hire service
shall be issued or continued in operation, and it shall be unlawful for any person to
drive or operate or cause to be operated any taxicab or motor vehicle for hire upon
any street unless the owner thereof shall file with the City Clerk a certificate of
insurance or duplicate policy of insurance, which insurance policy snail insure the
owner or operator of such taxicab or motor venicle for hire against any and all claims
for damage arising out of any bodily injury received or suffered by any person or per-
dial sons by reason of the operation of such taxicab or motor vehicle for hire, and which
Page 2799
injury or damages are a legal liability of the owner or operator of such taxicab or
L motor vehicle for hire; such insurance 1or bodily injury to be in the minimum amount
.
of Fifty Thousand Dollars (450,000) for any one person and One Hundred Thousand Dol-
lars ($100,000) for any one accident; and such insurance policy shall also insure the
owner or operator of such taxicab or motor vehicle for hire against any and all claims
for damages arising out of any injury to property suffered by any person or persons
by reason of the operation of such taxicab or motor vehicle for hire witch injury or
damages are a legal liability of the owner or operator of such taxicab or motor ve-
hicle for hire, such insurance for property damage snail be in the minimum amount of
Fifty Thousand Dollars (?50,000) for one accident with a minimum aggregate limit of
One Hundred Thousand Dollars (4100,000) . Any policy of insurance issued and filed pur-
suant to the provisions of this ordinance shall provide therein that the same shall not
be cancellable by either the insurer or the insured except upon the giving of notice
in writing to the City of Livonia 01 suc cancellation twenty (20) days prior to the
effective date thereof. The filing of such certificate of insurance shall be subject
to the approval of the City Attorney as to the form and sufficiency thereof.
(b) In lieu of the filing of a certificate of insurance or duplicate policy
of insurance, as her einbefore provided, any person owning or operating one or more
taxicabs or motor vehicles for hire upon any street in the City of Livonia may file
with the City Dlerk an indemnity bond in the amount and penal sum of Forty Thousand
( 40,000), which shall be conditional upon the prompt payment of all claims for dam-
ages arising out of bodily injury received or suffered by any person or persons by
reason of the operation of such taxicabs or motor vehicles for hire, or any and all
claims for damages arising out of any injury to property suffered by any person or
persons by reason of the operation of such taxicabs or motor vehicles for hire, which
injury or damages are a legal liability of the owner or operator of such taxicabs or
Lmotor vehicles for hire; such indemnity bond shall inure to and be for the benefit of
any person or persons receiving or suffering such bodily injury or property damage.
Page 2800
Such bond shall be subject to the approval of the City Attorney as to form and suffi-
ciency thereof.
LSection 3.8 Expiration, Plate. All licenses issued under the provisions of this or-
dinance, unless sooner revoked as herein provided, snail expire at midnight on the 31st
day of December eacn year. The licensee shall be given and shall affix to the taxicab
or motor vehicle for hire a small metal plate, not exceeding six (6) inches in diameter,
bearing the City license number and showing the expiration date; the design and color of
which plate shall be changed each year.
Section 3.9 Fees. Each person to whom a license _Ls granted shall pay to the City
therefor the sum of One Hundred Dollars (0.00.00), which sum shall be sufficient to lic-
ense the operation of four (4) taxicabs or motor venicles for hire. An additional lic-
ense fee of Fifteen Dollars ( 15.00) shall be paid for each additional taxicab or motor
vehicle for hire operated by any owner under the provisions of this ordinance
Section 3.10 Transfer of License to AnotheT Jehicle. The operator of any licensed
vehilce may during the license year replace the vehicle with another and shall be en-
titled to a license therefor at no added charge, provided that no licensed vehicle
shall be out of service for more than thirty (30) consecutive days, and provided that
the replaced license is first surrendered to the City Clerk. Whenever any motor ve-
hicle licensed hereunder is sold, the license theretofore issued nereunder shall first
be surrendered to the City Clerk.
Section 3.11 Suspension and Revocation. Any taxicab licenses or licenses for motor
vehicles for hire granted under the terms of this ordinance may be suspended by the
Mayor, or revoked by the Council, if the vehicle shall with knowledge and/or consent
of the owner of said vehicle be engaged in immoral or illegal business in violation
of any City ordinance, state or federal law, or in violation of the terms of this
ordinance, and any driver's permit may be suspended by the payor or revoked by the
Council if the driver is engaged in immoral or illegal business with said taxicab or
Lmotor vehicle for hire, or in violation of any City ordinance, state or federal law
Page 2801
or in violation of the terms of this ordinance. Any person being ag,;rieved by reason
of the conduct or action of any taxicab operator, owner or driver or tneoperator, owner
Lor driver of any motor vehicle for hire may present his complaint to any police officer.
Such complaint shall be promptly investigated by the Department and the license of any
person complained of may he suspended by the 1.ayor or revoked by the Council after such
investigation.
Chapter Four - Drivers.
Section 4.1 Driver's Permit. No person shall drive a taxicab or motor vehicle for
hire on the streets of the City of Livonia without first having obtained a driver's
permit from the Department .
Section 4.2 Application for Permit. Each applicant for a driver's permit must (a) be
of the age of 21 years or over, (b) be of sound physicue and good eyesight and not sub-
ject to epilepsy, vertigo, neart trouble or any other infirmity of body or mind which
might render him unfit for the safe operation of a public vehicle, (c) be able to
Lspeak, read and Write the .,ngiish lrn;uage, (d) be clean in dress and person and not
addicted to the use of intoxicating li(uors; t e) produce, on forms to be provided by
the Department, certificates of his good cha meter, from two reputable citizens who
have known him personally and observed his conduct during two (2) months next preced-
ing the date of his application, (f) fill out, upon a blank form to be provided by the
Department, a statement ;irirng his full name, ru;sidence, place of resiaence for five
(5) years previous to moving, to his ores ft address, a4;e, color, L:ei:,ht, color of
eyes and hair, place of birth, length of time e urs resided in the City, whether a
citizen of the United .:tales, place or nrev onn erployTie , ilhether married or single,
whether he has aver been convicted of a _c_1_o , or Li,demeanor, and if convicted, the
nature of the crime and tie date viten and tine place of the conviction, w.iether he has
previously been licensed as a driver or cUUauefeur. , and if so, when and where and whe-
ther his license has ever been revoked and for what cause, which state.ient shall be
L
signed and sworn to by the applicant and tiled with the IJep irtrnert as a permanent re-
cord. i'he :invest_iL:uttion of all applicatinlis for permits under tr: provisions of this
Page 2802
ordinance shall be conducted by the Department and when such investigation is completed
it shall be forwarded to the Chief of Police who shall endorse his recommendation there-
Lon and forward sane to the olzicer or personnra in charge of issuing such permits; pro-
vided, however, that a temporary permit ,nay be issued ~ending such investigation but
not to exceed twenty (20) days. The Department is hereby authorized and empowered to
establish such additional rules and re ,ulatiores governing the issuance of driver's per-
mits, not inconsistent her3with, as may be necessary and reasonable.
Section 4.3 Examination of Drivers. mach mplica.nt for a driver's permit under the
provisions of this ordinance shall be examined by a person desi ;mated oy the Department,
as to his knowledge of the provisions of this ordinance, the traffic Ordinance, Ordin-
ance No. 21, and the geography of the City, and if the result of the examination be un-
satisfactory,
n-satisfactory, he shall be refused a permit. Lach such applicant must, if required by
the Department, demonstrate his skill and ability to safely handle the vehicle by driv-
ing it through a crowded section of the City accompanied by an officer designated by
the Department.
Section 4.4 Photograph of Driver .each applicant for a driver's permit must file with
his application two (2) recent photogra )hs of himself of a size which may be easily at-
tached to the permit -- one (1) of which shall be attached to the permit when issued,
and the other shall be filed, together with toe application, with the Department . The
photograph shall be so attached to the permit that it cannot be removed and another
photograph substituted without detection.
Section 4.5 Form and Term of Driver' s Permit. Upon satisfactory fulfillment of the
foregoing requirements, there shall be issued to the applicant a permit which shall be
in such form as to contain the photo graph and si rynature of the licensee. Any licensee
who defaces, removes or obliterates any official entry made upon his permit shall, in
addition to any other punishment imposed by this ordinance, have his permit revoked by
Lthe Department . Driver' s permits shall be issued as of January 1st of each and every
year, and shall be valid to and including December 31st next succeeding. No person
Page 2803
shall permit any employee to operate a public taxicab or motor vehicle for hire within
the City of Livonia without first obtaining a permit as a public driver from the Depart-
L. ment. The Department is hereby authorized to ; rant a public driver's permit to any
applicant therefor upon payment into the City treasurer by such applicant of the sum
of 2en Dollars ($10.00) .
Every driver shall have his permit, together with his photograph, conspicu-
ously displayed on the inside of his taxicab or motor vehicle for hire and with a light
shining on it at night so that it may be easily seen both in the day and night time by
occupants of the taxicab or motor vehicle for hire.
Section 4.b Renewal of Driver's Permit. The uepartment may cause the renewal of a
driver's permit from year to year by appropriate endorsement by said Department upon
the application for renewal. A driver in applying for renewal of his permit shall make
such application upon a form to be furnished by the Department, entitled "Application
for Renewal of Permit," which shall be filled out with the name and address of the ap-
Lplicant together with a statement of the date upon which his original permit was
granted and the number thereon. The fee for such renewal permit shall be Fifteen Dol-
lars ($15.00), and in case of the loss of such license, the fee shall be Five Dollars
(: 5.00) for a duplicate permit.
Section 4.7 Suspension and tievocation, Appeal. Any license to operate a taxicab or
motor vehicle for hire service in the City of Livonia or any permit to drive or oper-
ate a taxicab or motor vehicle for hire issued under the provisions of this ordinance
may be suspended by the Commissioner of Police at any time, and a violation of any of
the provisions of this ordinance, or three (3) moving violations of the City of
Livonia Traffic Ordinance, as amended, within any twelve (12) month period shall be
sufficient grounds for the revocation of any license or permit issued hereunder and
shall be considered sufficient grounds for the refusal to grant a permit in the first
instant. A licensee, permit holder or applicant may, within twenty (20) days after
such suspension, revocation or refusal, appeal from such order to the Council. The
Page 2804
Council shall, within two (2) weeks from the filing of such appeal conduct a public
hearing thereon and shall finally determine the matter.
Chapter Five - Rates and Fares.
Section 5.1 Rates for Taxicabs. rhe rates to be charged and collected by a licensee
for service rendered by a taxicab shall be as follows:
Forty Cents (40¢) for the first one-quarter
(1/4) mile or fraction thereof, and five cents
(5¢) for each additional one-quarter (1/4)
mile or fraction thereof.
The Council may increase or decrease tee rates her :in establisned, and no charge
shall be made except as fixed by ordinance. do charge shall be made for extra passen-
gers. For each one and one-half (1-1/2) minutes of waiting time, or fraction thereof,
a charge of five cents (5¢) may be made. Waiting time shall include the time when the
taxicab is not in motion, beginning with the arrival at the place to which it has been
called, or the time consumed while standing at the direction of the passenger, but no
charge shall be made for the time lost by reason of the inefficiency of the taxicab,
or its driver, or time consumed by premature response to a call, or by traffic delays .
There shall be posted in a conspicuous place in the inside of the taxicab a card on
which shall be printed in plain legible type the rates of fare provided for in the or-
dinance, the meter rate of the taxicab, and the reference to this ordinance by number.
Flat rates for taxicab trips beyond the corporate limits of the City shall be deter-
mined by the licensee hereunder, provided, however, that such rates be revealed to the
passenger or passengers prior to the commencement of such a trip.
Section 5.2 Rates for Motor Vehicle for dire. No person, firm or corporation opera-
ting a motor vehicle for hire shall operate it within the corporate limits of the City
other than on an hourly rate. The schedule of rates for such vehicles shall be as
follows:
For two (2) or less passengers, not more than Three Dollars (53.00)
per hour, for more than five ( 5) passengers, not more than Four Dol-
lars and Fifty Cents (. 4.50) per hour; provided, nowever, that not
less than Two Dollars and Fifty Cents (,?2.50) per hour be charged for
Page 2805
the first hour or fraction thereof. 'here the vehicle is used in
excess of one (1) hour, additional time shall be charged for in auar-
ter hour fractions of the first hour's rate. rhe time shall begin
when the motor vehicle for hire is ready at the time and place re-
guested by the passenger, and shall continue until the passenger has
been discharged and the motor vehicle for hi re shall have had time
thereafter to return to its garage or stand by the most direct route,
arra at the maximum speed permitted by law. The driver shall give the
passenger a receipt showing the time when the trip commenced and con-
cluded, signed by the driver. (here shall be displayed in plain
view on each such motor vehicle for hire a sign giving the rates
charged oer hour. Every driver shall have the right to demand pay-
ment of the legal fare in advance and may rel use employment until so
prepaid. No driver shall otherwise refuse or neglect to convey any
Lorderly person or persons, upon request, anywhere in the City unless
previously engaged or unable to do so. do driver shall carry any
person other than the person first hiring the taxicab, unless with
the consent of such first person. This section shall not apply to
taxicabs having a taximeter attached thereto.
Section 5.3 Disputes as Lo Fares. All fare disputes shall, upon the request of the
driver or passenger, be determined by the officer in chir,;e of the Livonia Police
Station. Failure to comply with such determination shall subject the offending party
to a charge of disorderly conduct, nunishable by a fine of not more than ?en Dollars
( p10.00), or in default thereof, imprisonment of not more than ten (10) days. This
dispute provision is mandatory and the off7. .e to ieicni i,;ie', re, ue3t is made must ren-
der such service.
LChapter Six - raximeters and i'rii) accords.
Section 6.1 Taximetere. 11 taxi cabs sh.111 be eruipoed with li ,hted taximeters,
Page 2606
and no person shall open L-e or per.d.t to be oner Led a taxicab unless t-le taximeter
has been inspected, tested Irid a1nprov=u 'H the department, provided tnat a variance
of not more than three percent (3 ) may be ,e ;i. tted. ,,o per-or shall operate or per-
mit to be opera ,ed a taxicab unless the taxi r caFe is se.:.led and the cover and
gear intact. Every taximeter snail be so aifixed that tue amount of fare determined
shall be plainly visible to the passenger, and it shall remain litnted after sundown.
Taximeters shall be examined at least every si.. (b) months, and the Department shall
keep a record thereof. The owner shall pay the Treasurer a fee of fifty cents (50¢)
for each inspection.
It shall be unlawful for the driver to operate the taxicab after a passenger
is accepted unless and until the leg on t,ie taximeter is thrown from the neutral posi-
tion to the position for recording tree fare, and the leg shall remain in said position
until the destination na.s been reached.
No change of rate of fare shall be mane until the meter shall be adjusted to
Lsuch changed rate and approved by the Department, and no fare in excess of or less
than the indicated amount shown b; said ta:iirieter shall be charged.
Section 6.2 Trip Records. Each driver hereunaer shall keep and maintain a continu-
ous and progressive trip sheet dated for each twenty-four (24) hours, and such record
shall be subject to inspection by the City Council, the Department, the hayor or their
duly authorized representatives at all times. Trip sheets shall be filed and retained
and available for inspection for a period of at least one (1) year from date thereon.
Chapter Seven - Rules and Regulations.
Section 7.1 It shall be unlawful fcr any person to drive any taxicab or motor ve-
hicle for hire while under the influence of intoxicating liquor or narcotic or stupefy-
ing drug or to drink any intoxicating :Lic uor whatsoever while driving a taxicab or
motor vehicle for hire.
Section 7.2 It shall be unlawful for any person to allow any taxicab to be used for
unlawful or immoral purposes, or to procure or aid in procuring any person or persons
Page 2807
for immoral purposes.
Section 7.3 It shall be unlawful for any person to charge in excess of the rates
fixed herein by the Council.
Section 7.4 each holder of a taxi license shall maintain a Lost and Found Department,
arra each taxicab driver operating under the authority of the person or company holding
such license shall forthwith turn over to such Lost and Found Department all lost
articles found in said taxicab within twenty-lour (24) hours after the same are found
shall be a violation of this ordinance. The holder of a taxicab or motor vehicle for
hire license shall keep a list and description of such articles found in its taxicab(s)
or motor vehicle(s) for hire, together with the date such article was turned over to
it and shall make a report to the Department every thirty (30) days of all articles
and full descriptions thereof, together with the dates found.
Section 7.5 It shall be unlawful for any person to use any portion of the public
streets or alleys as a taxicab stand or permit a taxicab in his charge to stand upon
Lany portion of the public streets or alleys, except for such time as is necessary to
load or unload passengers, excepting in such portion of the public streets or alleys
as shall have been set apart as taxicab stands. Cruising is hereby prohibited.
Section 7.6 Each holder of a taxicab license shall have a uniform color scheme,
monogram or insignia on all of its taxicabs operated and/or owned by it.
Section 7.7 It shall be unlawful for any person to fail to notify the Department af-
ter an accident, as provided in fraffic Ordinance No. 21, as amended.
Section 7.8 The Council hereby retains full authority to adopt such additional rules
and regulations as may be necessary for the health, safety and welfare of the citizens
of Livonia.
Chapter Eight - Miscellaneous.
Section 8.1 Taxicab Loading Lanes (Stands) . The City Traffic Commission, with the ap-
Lproval of the Council, is hereby authorized to determine the location of taxicab load-
ing zones (stands) and shall place and maintain appropriate signe indicating the number
Page 2808
of taxicabs or motor vehicles for hire which shall be permitted to stand at such load-
ing zone.
Chapter Nine - Penalties.
Section 9.1 Penalties. Any person, firm or corporation violating any of the provi-
sions of this ordinance shall, upon conviction, in addition to all other penalties pro-
vided herein, be subjected to a fine of not to exceed Five Hundred Dollars (0500) or
imprisonment for a period not to exceed ninety (90) days, or both such fine and im-
prisonment in the discretion of the Court.
Section 9.2 Repeal. 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 9.3 Serverability. 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.
L
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
On motion of Councilman Kleinert, seconded by Councilman Ventura and unanimously
adopted, this 203rd regular meeting of the Council of the City of Livonia was duly ad-
journed at 11:20 P.]i., April S, 1957.
"`-,% tel" �� --g
y �Z ��
II, W. CLARK, City Clerk