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HomeMy WebLinkAboutCOUNCIL MINUTES 1956-05-28 Page 231}0 MINUTES OF Ti-iE ONE HUNIJHED SEVENTY-SECOND REGULAR MEETING ING OF T1fE COUNCIL OF TNt, CITY OF LIVONIA On May 28, 1956, the aoove meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at api.roximately 8:15 P. M., by the President of the Council, Austin Grant. Councilman Ventura delivered the invocation. Roll was called with the following result: Present-- Austin Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert and Peter A. Ventura. Absent-- David L. Jones, and *John T. Daugherty. By Councilman Kleinert, seconded by Councilman O'Neill and unanimously adopted, it was #310-56 RESOLVED that, in accordance with the provisions of Section 21 of Ordinance No. 27,for this meeting only, the provisions of Section 5 of Ordinance No. 21, be and hereby are suspended only insofar as it pertains to the reading of the minutes of a previous meeting; and BE IT FURTHER RESOLVED that, the minutes of the 171st regular meeting of the Council of the City of Livonia held May 21, 1956, be and hereby are approved as submitted. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was ##3111.-56 RESOLVED that, the minutes of the meeting of the Board of Can- vassers of the City of Livonia held May 17, 1956, are approved as submitted. By Councilman O'Neill, seconded by Councilman Ventura and unanimously adopted, it was #312-56 RESOLVED that, the City Clerk is hereby authorized to secure three bids for the printing of Ordinances. At the request of Attorney Michael Berry, Petition No. Z-107 was with- drawn. By Councilman Ventura, seconded by Councilman O'Neill ana unanimously adopted, it was #34+3-56 RESOLVED that, the hour of 8:30 P. M., having arrived, the City Page 23ill Clerk open and read bids for Supplying aryl Distributing Asphalt Emulsvn for the Department of Public Works. The Clerk thereupon opened and read the following olds: SUPPLYING AND DISTRIBUTING ASriALT EMULXN-Dept. of Public Works 1. McPherson Refining Company, Vanl?yke, Michigan 2. A & A Asphalt Company, Birmingham, Michigan 3. Cadillac Asphalt Paving Company, Evergreen Road, Detroit, Michigan By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #341 -56 RESOLVED that, the foregoing bids for Supplying and Distributing Asphalt &nulsbn be referred to the Department of Public Works for report and recommendation. The Clerk read correspondence pertaining to the petition of Shirley Cleaners. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was #345-56 RESOLVED that, the City Attorney and Attorney for Shirley Cleaners prepare an option or agreement in connection with the proposed exchange of properties between the City and Shirley Cleaners; that such agreement as proposed be submitted to the Council at its next regular meeting, and be subject to the approval of the City Planning Commission for a public hearing so as to allow Shirley Cleaners sufficient interest petitioned therefor. The Clerk read a letter from the City Planning Commission as to the open- ing of Rayburn Avenue. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, it was #3!j.6-56 RESOLVED that, the report and recommendation of the City Planning Commission dated May 13, 1956, as to the opening of Rayburn Avenue between Southampton and Ashurst Road has been considered and such petition is hereby denied. The Clerk read a letter from the City Engineer as to improvements in Botsford Park Subdivision. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was Page 2342 #347-56 RESOLVED than, the recommendation of the City engineer dated May 28, 1956, (Plan A, eliminating the center islands), for construction of improvements in Botsford Park Subdivision is approved. A recess was called at 9:18 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Kleinert, seconded by Councilman Ventura and unanimously adopted, it was #348-56 liESOLVED that, the Council having adopted resolution #254-56 at its 158th regular meeting held on April 30, 1)56, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed construction of certain improvements in Botsford Park Subdivision; the number of parcels which show tax delinquencies, the number of parcels owned by public autnorities, the number of parcels which are vacant, and to prepare or cause to be prepared, plans and specifications therefor and an estimate tbf the cost thereof, and to file the same with the City Clerk, together with his recommendation as to what part, if any, should be a general obligation of the City, the number of installments inhhich 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 of such information, estimate, plans and specifi- cations and recommendations have been properly filed by the City Engineer with the City Clerk under date of May 28, 1956, and that there has been a full compliance with all of the provisions of Section 6 of Ordinance No. 31, as amended, entitled "An Ordinance to Provide for the Making of Public Im- provements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure", the Council does hereby set Thursday, June 21, 1956, at 8:00 P. M., as the date and time of a Public Hearing on such proposed improvement, which Public Hearing shall be held before the Council in the City Hall, 33001 Five Nile Road, Livonia, Michigan, pursuant to Sections 8 and 9 of said Ordinance No. 31, as amended; and the City Clerk is hereby directed to give notice and publication of such hearing as is required by Section 7 of said ordinance. The Clerk read a proposed resolution as to installation of sidewalks on Five Nle Road. By Councilman Kleinert, seconded by Councilman Ventura, it was f349-56 RESOLVED that WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 6, as required by provisions of the City Charter and Ordinance No. 31, as amended, of the City of Li roma, the City Council has duly met and reviewed the special assessments levied on the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improve- ments to be constructed in Special Assessment District No. 6; Page 23!43 Imm AND WUENEAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council does hereby determine that the assess- ments set forth in said Special Assessment Roll No. 6, in the amount of $10,416,74, are fair and equitable and based upon b enefits derived to the respective parcels by the construction of the improvements proposed in said District, in accordance with the plans of the City Engineer and resolutions of the City Council. 2. Said Special Assessment Roll No. 6 is hereby approved and confirmed in all respects. 3. The amount of said roll shall be divided into four (Lb) equal annual insi.allments with interest at the rate of six (6%) per cent per annum on the unpaid balance of the assessment from the date of con- firmaAon. In such cases where the installments would be less than ten (: 10.00) dollars, the number of installments shall be reduced so that each installment shall be above and as near 0.0.00 as possible. The first in- stallment shall be due and payable December 1, 195o, and subsequent in- stallments on December 1st of succeeding years. Li. Pursuant to the provisions of Sections 14 and 17 of Ordinance No. 31, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by said Section 17, and mail assessment statements to the respective property owners assessed in manner and substance as provided by said Section 17. Any property caner assessed, may within sixty (60) days from the date of confirmation of the roll, pay the whole or any part of the assessment without interest or penalty. 5. The first installment shall be spread upon the 1956 City tax roll in manner required by Section 19 of Ordinance No. 31, as amended, together with interest upon all unpaid installments from the date of con- firmation of the roll to December 1, 195o, and thereafter one installment shall be spread upon each annual tax roil, together with one year's interest upon all unpaid installments; Provided, However, that when any annual in- stallment shall have been prepaid in manner provided by said Ordinance No. 31, either within the sixty-day period as provided by Section 18; or after the expiration of the sixty-day period as provided by Section 21, then there shall be spread upon the tax roll for such year only the interest upon all unpaid installments. 6. That the Council having determined to advance the cost of said improvement, rather than the issuance of Revenue Bonds therefor; there is hereby appropriated from the Unallocated Fund of the Budget to the Special Assessment District No. 6 Account the sum of $10,416.74 to pay for such improvement; and that all assessments collected hereunder, with the interest thereon, shall be returned to the General Fund of the Budget. *Councilman John T. Daugherty; arrived at 9:42 P. M. Page 2344 A roll call vote was tarsen on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Ventura, *Daugherty and Grant. NAYS: None. *Councilman Daugherty abstained from voting which,under Ordinance No. 27, Section 19, is recorded as a Yes vote. The President declared the resolution adopted. By Councilman -leinert, seconded by Councilman O'Neill, it was #350-56 RESOLVED that, subject to the approval of the City Engineer and the City Attorney,the Mayor and City Clerk are hereby authorized to enter into the necessary contract for the installation of sidewalks on Five Elle Road, and that the good faith check, as submitted by the successful bidder, be returned. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Kleinert, Ventura, Daugherty sad Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #351-56 RESOLVED that, the proprietor of Schulgren Subdivisions numbered 1, 2 and 3, having agreed to install a 129 water main in connection there- with along Joy Road, between Wayne Road and the Southwester corner of Schulgren Subdivision #3, instead of the 89 water main as originally planned and approved, provided the City would enter into a pay-back agree ment for the additional cost thereof over the portions of said line bridg- ing other properties along said line, or else share in the cost thereof; that it appearing to the Council to be in the best interest of the City that a 129 water main should be installed along Joy Road, between Wayne Road and the Southwest corner of Schuigren Subdivision #3 as aforesaid, and upon the recommendation of the City Engineer that some arrangement should be made to install the 129 water main as aforesaid, it is FURTHER RESOLVED that, the City agrees to pay the sum of X3.00 per front foot toward the cost of the installation of said 129 water main along Joy Road, between Wayne Road and the Southwest corner of Schulgren Subdivision #3, that the City shall be under no further obligation toward the cost of the installation of the same; that all monies received by the City as a result of charges made against those properties being bridged by said main, as well as any extension or additions to said main shall belong exclusively to the City; that there is hereby appropriated from the Water Construction Account of the Water Department the sum of *11,000.00 to pay the cost to the City as aforesaid; that said sum shall only be paid when the aforesaid main is completed in conformance with all ordinances, rules and regulations of the City of Livonia in connection with the construction Page 234 and approval of the same; and provided further, this resolution is subject to the approval of the bonding authorities pertaining to the later Supply System Revenue Bonds of the City of Livonia and all ordinances applicable thereto. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Kleinert, Ventura and Grant. NAYS: Bagnall and Daugherty. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted, it was, #352-56 RESOLVED that, Irving Green and Hyman Green, 19436 James Couzens Highway, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Schulgren Subdivision, located 1,000 feet East of Newburgh Road between Ann Arbor Trail and Joy Road in the South 1/2 of Section 32, City of Livonia, M1chigan; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of April 19, 1955; and it further appearing, that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Depart- ment of Public horks under date of April 6, 196; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 44) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two years from the date of this resolution; (2) That the installation of such improvements shall be super- vised 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. 44, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satis- factorily 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 follow- ing amounts: Schulgren Subdivision 0237,000.00 " it No. 2 $240,000.00 No. 3 $200,000.00 and until all inspection fees and other charges due to the City of Livonia have been fully paid; and Page 2346 (4) On full compliance with the above three conditions and with the provisions oi said Plat Jrainarice, as amended, the City Clerk is herebv- authorized to affix her signature to said Plat as evidence of this approval. The Clerk read an agreement for Special 2rust Fund for the paving of Farm- ington Road. By Councilman Daugherty, seconded by Councilman Bagnall, it was #353-56 RESOLVED that, the recommendation of the City Attorney as to the Agreement with Trojan Building Company for a Special Trust Fund for the paving of Farmington Road is hereby approved, and the Mayor and City Clerk are authorized to enter into said agreement; provided, however, that the terms shall be to pave within three years from the date of the Agree- ment. By Councilman aeinert, seconded by Councilman Ventura, it was RESOLVED that, the terms of the Agreement with Trojan Building Company for the Special Trust Fund in regard to the paving of Farmington Road be two years. A roll call vote was taken on the foregoing amendment with the following result: AYES: Kleinert, Ventura and Grant. NAYS: O'Neill, Dagnall and JaugherLy. The President declared the amendment denied. A roll call vote was taken on resolution #353-56 with the following result: AYES: O'Neill, Bagnall„ Kleinert, Ventura,Daugherty and Grant. NAYS: None. The Clerk read a letter from the City Planning Commission as to Petition No. Z-112a, By Councilman Kleinert, seconded by CouncilmanBagnall, it was RESOLVED that, the report and recommendation of the City Planning Commission dated Nay 15, 1956 as to Petition No. Z-112a, initiated by the City Planning Commission on its own motion, for change of zoning from R-3-B to RUB has been considered, and such petition is hereby denied. :uncilman Bagnall, seconded by Councilman O'Neill and unanimously adopted, iBtyw: Page 2347 #354-56 RESOLVED that, considerauion of Petition No. Z-112a be tabled pending receipt of reasons for the recommendation from the City Planning Commission, The Clerk read a letter from the City Planning Commission as to Petition No. Z-159. By Councilman Bagnall, seconded by Councilman O'Neill and unanimcusly adopted, it was #355-56 RESOLVED that, the report and recommendation of the City Planning Commission as to rotition No. Z-159 of Charles G. and Ada P. Goslin, et al, for change of zoning classification in the Northeast 1/4 of Section 3 from RUFB to M-1 is approved and such petition is hereby denied. The Clerk read a letter from the City Planning Commission as to Petition No. Z-160. By Councilman Kleinert, seconded by Councilman Bagnall, it was #356-56 RESOLVED that, the report and recommendation of the City Planning Commission as to Petition No. Z-160, as amended, of Arthur, Dave and Leo Pollack for change of zoning in the West 1/2 of Section 12 from RUFB to R-1-B is approved, and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in conformance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall„ Kleinert and Grant. NAYS: Ventura and Daugherty. The President declared the resolution adopted. The Clerk read a letter from the City Planninb Commission as to Petition No. Z-161. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #357-56 RESOLVED that, the report and recommendation of the City Planning Commission as to Petition No. Z-161 of Moor Equipment Company for change of zoning classification in the Southwest 1/4 of Section 29 from M-1 to M-2 is approved and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in conformance with this resolution. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously Page 2348 adopted, it was #358-56 REJOLVED that, the report and recommendation of the C ity Planning Commission as to Petition No. Z-165 of Gordon-Begin Investment Company for change of zoning classification in the Southwest i/Li of Section 21.E from RUFB to R-1-A is approved and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in conformance with this resolution. The Clerk read a letter from the Parks and Recreation Commission requesting an appropriation for maintenance and care of City Hall grounds. By Councilman Ventura, seconded by Councilman ()Teal, it was #359-56 RESOLVED that, the request of the Parks and Recreation Commission dated May 23, 1956 for funds for the maintenance and care of City Hall grounds is approved and the sum of 42,146.70 is hereby appropriated from the Unal- located Fund to the Parks fund for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: O tNeill, Bagnall, Ventura, Daugherty and Grant. NAYS: Kleinert. The President declared the resolution adopted. A recess was called at 10:1.6 P. lvi., after which t he meeting resumed with all members present who were named as present in the original roll call of this meeting, including Councilman John T. Daugherty. The Clerk read a letter from the Civil Service Commission as to the re- classification of the Payroll Clerk. By Councilman Ventura, seconded by Councilman Daugherty, it was #360-56 RJ OLVED that, the recommendation of the Civil Service Commission dated May 23, 1956 as to change of title and rate for Payroll Clerk is here- by referred to the Committee of the Whole for further study. A roll call vote was taken on the foregoing resolution with the following result: AYES: OtNeill, Bagnall, Ventura, Daugherty and Grant. NAYS: Kleinert. The President declared the resolution adopted. The Clerk read a letter from the Civil Service Commission regarding an Executive Secretary for the Mayor. Page 2349 By Councilman O'Neill, seconded by Councilman Ventura, it was #361-56 RESOLVED that, the recommendation of the Civil Service Commission dated May 25, 1956 as to rate of pay for classification of Executive Secre- tary to serve the office of the Mayor is hereby approved. A roll call vote was taken on the foregoing resolution with the following result : AYEs: O'Neill, Bagnall , Kleinert, Ventura, Daugherty and Grant. NAYS: None. The Clerk read a letter from the Civil Service Commission as to Inspectors for the Bureau of Inspection. By Councilman O'Neill, seconded by Councilman Ventura, it was RESOLVED that, the recommendation of the Civil service Commission dated flay 25, 1956 as to pay rage for inspectors is hereby approved. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #362-56 RESOLVED that, the recommendation of the Civil Service Commission dated May 25, 1956, as to rate of pay for inspectors in the Bureau of In- spection is hereby referred to the Committee of the Whole for further study. By Councilman Ventura, seconded by Councilman Bagnall , it was #363-56 RESOLVED that, on recommendation of the Superintendent of Public Works, the bid of McPherson Refining Company for supplying and distributing Asphalt Emuldbn for the Department of Public Works is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill Bagnall„ Kleinert, Ventura, Daugherty and Grant. NMS: None. The Clerk read a communication as to the request of Samuel Bankle for sewer extension. By Councilman Kleinert, seconded by Councilman Bagnall„ it was #364-56 RESOLVED that, provided that the requirements regarding change of zoning are complied with and that plats and other approvals are secured, and that if at any time there is no other outlet for a sanitary sewers the request of Samuel Bankle dated May 2i , 1956, as to use of the Ashurst Avenue sewer is hereby granted. A roll call vote was taken on the foregoing resolution with the following result: Page 2350 AYES: O'Neill, Bagnall, Kleinert, Ventura and Grant. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman O'Neill, it was #365-56 RESOLVED that, having considered the recommendation of the Director of Public Works for the acquisition of certain land and the building situated thereon, adjacent to the property presently owned by the City and used by the Department of Public Works, and having further considered the offer of the owner to sell the same to the City for the sum of $33,000.00, by land con- tract purchase, with a $10,000.00 down payment, and the balance payable in quarterly installments of 41,917.50, with interest at the rate of 6% per annum on the unpaid balance, and with the entire contract to be fully paid within three years from the date of its execution; and that pursuant to the aforementioned recommendations and offers, the Council does hereby approve the purchase of the following described parcel of land and the building situated thereon: Land situated in the City of Livonia, Wayne County, Michigan, described as: Commencing at the Northeast corner of Section 28, Livonia Township (now City of Livonia) Town 1 South, flange 9 East and running South 0 degrees 24 minutes East along the East line of Section 28 a distance of 1114.50 feet to a point of beginning; thence South 1 degree 05 minutes 14 seconds West along the East line 70 feet; thence North 87 degrees 23 minutes 20 seconds west 330.01 feet; thence North 1 degree 05 minutes 14 seconds East 70 feet;thence South 87 degrees 23 minutes 20 seconds East 329.80 feet to the point of beginning; That after approval by the City Attorney as to the form of the land contract and the marketability of title, the Mayor and City Clerk are hereby authorized to sign such contract on behalf of the City of Livonia and do all things necessary to the full performance of this resolution; and that the initial down payment of 410,000.00 is hereby transferred from the Building Fund Account #70B of the Department of Public Works to the Acquisition of Land Account to be applied as a down payment for the purchase of the foregoing premises. A roll call vote w,7.s taken on the foregoing resolution with the following result : AYES: O'Neill , Bagnall, Kleinert, Ventura, Daugherty and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty, it was #366-56 RESOLVED that, pursuant to the request and recommendation of the Director of Public Works for the leasing of certain property owned by the Board of' Wayne County goad Commissioners and being situated in the South- east 1/4 of Section 21, for the purpose of developing the same as a city park; that the Director of Public Works is hereby authorized to negotiate Page 2351 with the Board of Wayne County Road Commissioners for the leasing of the property as aforesaid; that the director shall when said negotiations are completed inform the Council as to the terms and conditions of said pro- posed lease, and which shall be subject to the approval of the Council prior to the execution of the same. By Councilman Ventura, seconded by Councilman O'Neill, it was RESOLVED that, the request and recommendation of Wayne County Road Commission as to the leasing of property in Section 21 for park purposes be tabled to the next regular meeting of t he Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall and Ventura. NAYS: Kleinert, Daughei ty and Grant. The President declared the resolution denied. A roll call vote was taken on resolution #366-56 with the following result: AYES: O'Neill, Kleinert, Daugherty and Grant. NAYS: Bagnall and Ventura. The President declared the resolution adopted. The Clerk read a proposed Ordinance creating Water and Sewer Division of the Department of Public ,corks. Councilman Bagnall introduced the following Ordinance: NO. 130 AN OPJJ CNANCE CREATING A WATER AND SEWER DIVISION OF THE DEPAILTI€NT OF PUBLIC WORTS; ESTABLISHING THE OFFICE OF ASSISTANT DIRECTOR AND COMISSIONER; CR?ATING A WATER AMID SEWER BOARD; DETERMINING THE POWERS AND DUT T FS OF SOCH DIVISION, ASSISTANT DIRECTOR, COMISSION- ER AND BOARD; PROVIDING FOR THE OPERATION OF SUCH DIVISION; PROVIDING FOR THE i1 KING OF MULES AND REGULATIONS; AND PROVIDING FOR THE REPEAL OF PRIOR ORDINANCES. THE CITY OF T,TVONIA ORDAINS: Im• Section 1. Title. This ordinance shall be known and cited as the nater and Sewer Division Ordinance. Section 2. Purpose. The City Council does hereby determine that, in order Page 2352 to provide for the health, safety, peace, comfort, convenience and general welfare of the people of the City of Livonia, it is necessary for the Council to immediately create a Water and Sewer Division of the Department of Public Works, to determine the powers and duties of such division, to establish an Office of Assistant Director and Commissioner and define his authority and responsibilities, to create a Water and Sewer Board, to provide for rules and regulations, to provide for the operation of such division and to repeal all prior ordinances. Section 3. Creation of Water and Sewer Division. Pursuant to Section 1 of Chapter II, Section 11 of Chapter IV, and Sections 10 and 12 of Chapter V, of the Charter of the City of Livonia, the Council does hereby create a Water and Sewer Division of the Department of Public 'Works, which division is created and shall be operated in conformance with law and without any impairment or detriment to any and all obligations and liabilities of the Township of Livonia, the Water Department of said township, and the City of Livonia and its dater Department, either under exist- ing revenue bonds or otherwise. The functions of such division shall include the planning, construction, repair and maintenance of all water and sewer mains, lines, extensions, additions and facilities; the billing, collecting, depositing, safeguard- ing, distribution and disbursement of all funds, monies, accounts receivable, rates and charges required to be collected, handled and disbursed under all ordinances of the City of Livonia pertaining to Water and Sewer Systems, particularly Ordinances numbered 26, 42, 43, 50, 98, 100, and 115, and also all ordinances and amendments hereinafter enacted in relation to such subjects; the keeping of complete and accurate books and records in any way pertaining to the functions of such division, in the maintenance of all storm and sanitary sewers and drains may be performed or ef- fectuated by divisions of the Department of Public Works other than the Water and Sewer Division herein created. Section 1 . Commissioner. Pursuant to Section 11 of Chapter IV, and Sections 10 and 12 of Chapter V, of the Charter of the City of Livonia, the Council does hereby create the office of Assistant Director of Public Works, who shall be known as the eater and Sewer Commissioner, who shall be under the direction of the Director of Public ,Works„ who shall be appointed as provided in Section 2, Chapter V, d. the Charter, and who shall have the management and supervision of said water and Sewer Division. Section 5. Water and Sewer Board. Pursuant to Section 11 of Chapter IV, and Sections 10 and 12 of Chapter V, of the Charter,the Council does hereby create a Water and Sewer Board consisting of five members who shall be appointed as pro- vided by Section 2 of Chapter V of the Charter. The authority, powers and duties of such Board shall be as follows: (a) The Board shall have the autiority to make such rules and regulations for the operation of the Water and Sewer Division as shall not be inconsistent with or contrary to the ordinances of the City of Livonia and the Statutes of the .-tate of Michigan; (b) Such hoard shall have the autnority to study and make recommendations on the planning, development, financing and control of all future Water and Sewer projects, facilities, extensions and additions; and shall submit its reports and recommendations thereon to the terror, City Council and when requested by the Mayor to the City Planning Commission; Page 2353 (c) The Board shall have the a_it. ority to study and make recommendations on the operation of the Water and Sewer Division; and shall submit written reports thereon to the Mayor and City Council; and (d) The Board shall perform such other functions as may be required by any ordinances hereafter adopted by the City Council. In the event of the absence or disability of the Water and Sewer Commissioner, the Chairman of such Board shall perform the duties of the Commissioner during the period of such absence or disability. Section 6, Employees. All employees of the Water and Sewer Division shall be subject to Civil Service .and part of the Classified Service of the City of Livonia. Section 7. Authority. Except as herein otherwise provided, the Water and Sewer Division shall have all of the powers and aut:ority heretofore vested in the Board of Water Commissioners under the provisions of Ordinance No. 6 and all other ordinances of the City of Livonia adopted prior to the present ordinance. Section 8. Compensation. The annual compensation of the Water and Sewer Commissioner, and each member of the Water and Sewer Board shall be established by the Council. Section 9. Repeal. The following ordinances are hereby expressly repealed: (a) Ordinance No. 6 of the City of Livonia adopted on June 19, 1950; and (b) all other ordinances or parts of ordinances in conflict or inconsistent with the pro- visions of this ordinance. Section 10. oeverability. This ordinance and the various parts, sentences, paragraphs, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid for any reason, such holding shall not affect the remaining portion of this ordinance. Section 11. Effective Date. 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 taken on the foregoing ordinance with the following result: AYES: OtNeill, Bagnall, Kleinert, Ventura, Daugherty and Grant. NAYS: None. The President declared the Ordinance duly adopted and would become effective on date of publication, June 7, 1956. Page 235, By Councilman Bagnall, seconded by. Councilman Ventura, it was ¢#367-56 RESOLVED that, the annual compensation of the Water and Sewer Commissioner shall be in the sum of ll.,800.00, payable monthly; that the annual compensation of the Chairman of the dater and Sewer Board shall be in the amount of $480.00 per annum, payable monthly; that the annual com- pensation of each member of the Water and Sewer Board shall be in the amount of 6300.00 per annum, payable monthly. A roll call vote was taken on the foregoing resolution with the following result : AYES: 0 t Neill, Bagnall, Ni eine rt, Ventura, Daugherty and Grant. NAYS: None. Councilman Ventura introduced the following Ordinance: NO. 131 AN ORDINANCE Ai `JDING ARTICLE 11.00 OF ZONING N0. 60 OF THE CITY OF LIVONIA, ENTITLED, "AN ORDINANCE TO ESTABLISH DISTRICTS IN TIE CITY OF LIVONIA; TO REGULATE THE USE 0F LAND AND STRUCTURES THEREIN; TO REGULATE AND LIMIT THE HEIGHT, THE AREA, THE JULIA AND LOCATION OF BUILDINeS; TO REGULATE AND RESTRICT TIE LOCA- TIOiNi OF TRADES AND INDUSTRIES AND THE LDCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES; TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER 0 EN SPACES; TO REGULATE THE DENSITY Or POPULATIZ; TO PROVIDE FOR THE AD- MINISTRATI0i, AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE FOR A BOARD OF A±PEALS, AND ITS PO6'L iS AND DUTIES; AnD TO PROVIDE A PENALTY FOR NE VIOLATION OF TERM THEREOF", BE AMENDED BY ADDING THERETO SECTION 11.17. THE CITY OF LIVONIA ORDAINS: Se ction 1. Article 11.00 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia, ishereby amended by adding thereto Section 11.17 as follows: Section 11.17. Drive-In Restaurants. The term "drive-in restaurants" shall include any and all drive-in businesses serving food, beverages or refreshments. -Notwithstanding any of the foregoing provisions of this ordinance, no drive-in restaurant shall be permitted to be erected, established or operated within the City of Livonia, ex- cept in a C-2 district upon approval of the City Planning Commission after due notice and hearing in the manner provided in subsection (a) of Section 17.03 of this Ordinance. Section 2. All ordinances or parts of ordinances in conflict herewith are Page 2355 hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remain- ing portion of this ordinance. Section la.. This ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public health, safety and welfare, and shall be- come effective immediately on publication. A roll ca11 vote was taken on the foregoing ordinance with the following result: AYES: O'Neill, Bagnall, Kleinert, Ventura, Daugherty and Grant. NAYS: None. The President declared the ordinance duly adopted and would becomeeffective on date of publication, June 7, 1956. By Councilman Ventura, seconded by Councilman Bagnall, it was #368-56 RESOLVED that, the ordinance entitled, "An Ordinance Amending Sections 1 and 31 of the zoning Map of the City of Livonia, and Amending Article 3.00 of the toning Ordinance, Ordinance No. 60, of the City of Livonia, by Adding Thereto Sections 3.91, 3.92 and 3.93", be tabled until the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagna11 , Ventura, Datgherty and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert, it was #369-56 RESOLVED that WHEREAS, the City of Livonia and the Board of County Road Com- missioners of the County of Jayne, NLichigan, have entered into a contract under date of March 21, 1955, according to the terms under which certain sanitary sewers were to be constructed within the City, and WHER.AS, the said contract called for the return of $1602569.02 to the City upon completion of the said sewer improvements, that being the amount which the City had advanced for engineering studies, etc., in con- nection with uncompleted seg,er projects, and WHEREAS, the City is informed that the Board has sufficient funds on hand to pay the contractors the agreed contract price of the construction Page 2356 of said sewer project plus sufficient amount of contingency and normal con- tract extras, exclusive of such 4160,569.02; WEEREAS, this Council believes that this amount might be returned to the City in advance of the time specified in the said contract, bond counsel concurring therein; NOrg, THE;REFOR:.J, BE IT RESOLVED that, the Council does hereby respectfully request that the amount being held by the said Board of County Road Commissioners to reimburse said City for amounts previously expended in connection with the uncompleted sewer project, namely 4160,569.02, be re- turned to the City in advance of the time called for in the contract under which the Livonia Sanitary Sewer Project is to be completed; 13i IT FURTHER RESOLVED that, this request shall be contingent upon the said board receiving an opinion from the law firm of Miller, Canfield, Paddock and Stone,Bond Counsel, that the return of said money shall in no way jeopardize the rights of bond holders or otherwise impair the "Board contract". A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall „ Kleinert, Ventura, Daugherty and Grant. NAYS: None. By Councilman Bagnall, seconded oy Councilman Ventura, it was #370-56 RESOLVED that, the report of the Civic Center Building Committee be referred to the City Planning Commission for further study and recom- mendation to the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Ventura, Daugherty and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Ventura, it was #371-56 RESOLVED that, resolution #32L.-56, adopted by the Council on May 21, 1956, be and hereby is rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Ventura, Daugherty and Grant. NAYS: Kleinert. The President declared the resolution adopted. Page 2357 By Councilman. Ventura, seconded by Councilman O'Neill, it was #372-56 RESOLVED that, the Physicians ihergency Fund for the Police De- partment be ref erred to the Committee of the vJhole for further study. A roll call vote was taken on the foregoing resolution with the following result: AYES: 0 tNeill, Bagnall, Ventura, Daugherty and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Kleinert, a conded by Councilman O'Neill, it was #373-56 RESOLVED that, regular meetings of the City Council be scheduled for each Monday night in June, at 8:00 P. M. A roll call vote was taken on the foregoing resp lution with the following result: AYES: O tNeill, iaeinert, Ventura, Daugherty and Grant. NAYS: Bagnall , The President declared the resolution adopted. On motion of Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, this 172nd regular meeting of the City Council was duly ad- journed at 12:05 A. N., May 29, 1956. MARIE W. CIARK, City Clerk n'\\ By , -cet 4K-c Let --ECC y - Juanita alias-, Deputy City Clerk.