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HomeMy WebLinkAboutCOUNCIL MINUTES 1953-08-17 ADJOURNED1 Page 1156 MINUTES OF THE ADJOURNED ONE HUNDREDTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 17, 1953, above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8 05 P M , by the President of the Council, Harry S. Wolfe Roll was called with the following result: Present-- Harry S Wolfe, Wilson W Edgar, John W Whitehead, Nettie Carey and William Taylor Absent-- Raymond E Grimm and Harold Bower. The following resolution was offered by Councilman Wilson W Edgar and supported by Councilman John W Whitehead. # 632 WHEREAS, the City Council of the City of Livonia, pursuant to the provisions of Section 7 of Ordinance No 31, as amended by Ordinance No. 46, of the City, has given due and proper notice to affected persons of its intention to construct sewers in said City as follows. 1. A Trunk Sewer running through the central part of Sections 22, 23 and 24, City of Livonia, Michigan, beginning at Inkster Road and running westerly to IL Hubbard Road, 2 An Arm on Inkster Road from Bell Creek Drain No 2, northerly to Bell Creek, 3 An Arm on Garden Avenue from Lyndon to Five Mile Road, 4. An Arm on Merriman Road from Lyndon to Five Mile Road; 5 An Arm on Hubbard Road from Lyndon to Five Mile Road And in addition thereto approximately five and one-half (5-1/2) miles of lateral sewers, ranging in size from 12n to 36n, in Livonia Gardens Sub- division at Five Mile Road and Merriman, Five Elm Park Subdivision at Five Mile and Middlebelt, and Greenmoor Subdivision at Harrison and Five Mile, all as shown upon the general maps and specifications therefor as prepared by Herald Hamill, City Engineer, and filed in the office of the City Clerk; AND WHEREAS, the City Council has met in pursuance of said notice on the day and date specified (Monday, August 10, 1953, at 8.30 p m ) in said notice and has heard and duly considered all objections and suggestions relative to said proposed improvements from the affected property owners, THEREFORE BE IT RESOLVED that the City Council does hereby find and determine that the constructing of said sewers and the necessary L appurtenances thereto are necessary public improvements conducive to the Page 1157 general health, convenience and welfare of the citizens of the City of Livonia, and does hereby determine to acquire and construct such public improvements in accordance with theplans and specifications therefor prepared by Herald Hamill, City Engineer, which plans and specifications are hereby approved, and the estimated period of usefulness of said public improvements is determined to be not less than thirty (30) years; BE IT FURTHER RESOLVED that the cost of said improvements shall be paid for in part by special assessments on the property benefited thereby, and in part by the City at large, in the proportions hereinafter established; BE IT FURTHER RESOLVED that the total estimated cost of said public improvements is determined to be Two Million Three Hundred Fifty- One Thousand Four Hundred Seventy ($2,351,470 00) Dollars, which is the estimate of cost prepared by Herald Hamill, City Engineer, which detailed estimate is now on file in the office of the City Clerk; BE IT FURTHER RESOLVED that the proportion of the cost and expense of said public improvements to be borne and paid as a general obligation of the City shall be thirty (30%) per cent thereof, or $605,441.00 of the estimated cost, and that all other costs and expenses of said public improvements, amounting to seventy (70%) per cent thereof, or $1,746,029 00 of the estimated cost, shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established, in proportion to the benefits to be derived there- from; BE IT FURTHER RESOLVED that the special assessments against all properties in proportion to the benefits derived from the making of the proposed improvements shall be divided into twenty (20) annual I installments, pursuant to authorization contained in Section 16 of Ordinance No 31, as amended by Ordinance No 46, of the City of Livonia; BE IT FURTHER RESOLVED that the rate of interest to be charged on installments of the special assessment, shall be six (6%) per cent per annum, pursuant to authorization contained in Section 9 of Ordinance { No 31, as amended by Ordinance No 46, of the City of Livonia, BE IT FURTHER RESOLVED that the lands and premises comprising the special assessment district shall be all lands and premises included within the following boundaries, which district shall hereafter be known and designated as SEWER SPECIAL ASSESSMENT DISTRICT NO 4: Beginning at the intersection of Farmington and Schoolcraft Roads and proceeding thence Northerly along the center line of Farmington Road approximately 3/4 mile to the south line of the Livonia Center Cemetery and the Livonia Township School District properties; thence Westerly along said south line approximately 1030 feet to the S W. Corner of said School property, thence Northerly along the west line of said school property, extended, to the center line of Five Mile Road; thence Easterly along said 110 center line to the center line of Farmington Road; thence Northerly along said center line of Farmington Road to the north line of Brightmoor Home Acres Sub , thence Easterly along said north line to the center line of Page 1158 Loveland Ave , thence continuing Easterly along the extension of the preceding course to the center line of Hubbard Ave , thence Northerly ILO along said center line of Hubbard Ave , to the center line of East Myrna Ave , thence Easterly along said center line of Myrna Ave , to the center line of Merriman Road approximately 35 00 feet; thence Easterly along the south line of Lot 1 of Merriman Estates Sub , to the west line of Lot 102, thence Southerly 187 50 feet along said west line to the S.W Corner of Lot 102; thence Easterly along the south line of Lots 81 to 102 inclusive of Merriman Estates Sub , to the center line of Henry Ruff Road; thence Northerly along said center line of Henry Ruff Road to the center line of Puritan Ave , thence Easterly along the center line of Puritan Ave to the West 1/4 Corner of Sec. 13, thence continuing Easterly along the East and West 1/4 line of Sec 13 to the center line of Terrence Drive; thence continuing Easterly along the meandering center line of Terrence Drive to the East and West 1/4 line of said Sec 13, thence continuing Easterly along said 1/4 line to the center line of Reddon Road; thence Southerly along said center line of Reddon Road to its south end at Five Mile Road, thence continuing Southerly along the center line of Inkster Road to the center line of Schoolcraft Road, thence Westerly along said center line of Schoolcraft Road to the center line of Middlebelt Road; thence Southerly along said center line of Middlebelt Road approximately 1/4 mile to the south line of the North 1/2 of the North 1/2 of Sec 26, thence Westerly approximately one mile along said line to the center line of Merriman Road; thence continuing Westerly approximately 1/2 mile along the south line of the North 1/2 of the N E 1/4 of Sec 27 to the west line of said N E 1/4; thence Northerly along said west line of the N.E. 1/4 of Sec. 27 to the center line of Schoolcraft Road to the center 1 line of Farmington Road, which is the POINT OF BEGINNING BE IT FURTHER RESOLVED that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council, and to assess to each such lot or parcel of land, such relative portion of the whole sum to be levied against all lands in the special assessment district as the benefit to such lot or parcel of land bears to the total benefits to all lands in such district, and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, BE IT FURTHER RESOLVED that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 11 of Ordinance No 31, as amended by Ordinance i No. 46, of the City of Livonia, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council A roll call vote was taken on the foregoing resolution with the following result: AYES• Edgar, Whitehead, Carey, Taylor and Wolfe NAYS. None 110' �I Page 1159 The following resolution was offered by Councilman William J. Taylor IL and supported by Councilman Nettie Carey: # 633 BE IT RESOLVED THAT in accordance with the requirements of Act 279, Public Acts of Michigan, 1909, as amended, Section 5(g), the following notice be published once in The Livonian, a newspaper published in said City. NOTICE OF INTENT TO ISSUE BONDS NOTICE IS HEREBY GIVEN that it is the intention of the City of Livonia to issue bonds in the aggregate principal amount of not exceeding $2,351,470.00 as follows. 1 Sewer Special Assessment bonds in the aggregate principal amount of not exceeding $1,746,029.00 in anticipation of the collection of special assessments in Sewer Special Assessment District No 4 In addition to the special assessments pledged, the full faith and credit of the City shall also be pledged for the payment of said bonds 2 General Obligation Sewer Bonds, City Portion, in III the aggregate principal amount of not exceeding $605,441 00 to pay the City at large portion of the cost of the sewers being constructed in Sewer Special Assessment District No 4 This notice is given by order of the City Council in compliance with the requirements of Act 279, Public Acts of Michigan, 1909, as amended (Section 5(g) ), being also Section 5 2084, Michigan Statutes Annotated Resolution Carried by Following Vote. AYES: Edgar, Whitehead, Carey, Taylor and Wolfe NAYS None By Councilman Carey, seconded by Councilman Taylor and adopted as follows it was: #634 RESOLVED, that, the sum of X330.00 be appropriated from the I Unallocated Fund to the City Hall Fund for payment for re-location of fire hydrant and valve box A roll call vote was conducted on the foregoing resolution with the (&.lowing result: ILO AYES. Edgar, Whitehead, Carey, Taylor and Wolfe NAYS: None. Page 1160 By Councilman Whitehead, seconded by Councilman Edgar and adopted as follows, it was. # 635 RESOLVED, that, pursuant to the recommendation of the Depart- ment of Public Works dated June 25, 1953, Estimate No 5 (Final) on Contract No 3 between the City of Livonia and United Contracting Com- pany for construction of water main extension on Seven Mile Road and Laurel Road, is hereby approved and payment of the balance due as stated in such Estimate, that is the sum of $2,500 00, is hereby authorized, that Estimate No. 2 (Final) on the extension of said contract with United Contracting Company is likewise approved and payment of the balance due thereon, that is the sum of $4,610.38, is hereby authorized, that said contract No 3 and the extension thereof are hereby accepted and the total of the above authorized payments $7,110 38 shall be paid to the United Contracting Company as a full and final settlement A roll call vote was conducted on the foregoing resolution with the following result• AYES: Edgar, Whitehead, Carey, Taylor and Wolfe NAYS. None By Councilman Taylor, seconded by Councilman Carey and adopted as folows, it was: # 636 RESOLVED, that, Certificate No 10 of Ralph R Calder, Archi- tect, dated August 11, 1953 on contract between the City of Livonia and Wolfe Construction Company for construction of the City Hall, is hereby approved and payment of the balance owing on such contract, that is the sum of $5,094 00 as stated in such Certificate, is hereby authorized A roll call vote was conducted on the foregoing resolution with the following result. AYES• Edgar, Whitehead, Carey, Taylor and Wolfe NAYS: None Councilman Edgar introduced the following Ordinance. NO. AN ORDINANCE AMENDING SECTIONS 13 AND 20 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICLE 3 00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60 OF THE CITY OF LIVONIA, BY ADDING THERETO SECTIONS 3 20 AND 3 21 f F Page 1161 THE CITY OF LIVONIA ORDAINS• Ii0Section 1. The report and recommendations of the City Planning Commission dated July 27, 1953, on Petitions numbered Z-21 and Z-22, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore conducted on such petitions, are hereby approved Section 2 Article 3 00 of the Zoning Ordinance, Ordinance No 60 of the City of Livonia, is hereby amended by adding thereto the following sections: Section 3 20 Petition No Z-21 of Emilie l4 Heinlen, is hereby granted; the zoning classification of the premises described in said petition is hereby changed from R-1-B to C-1 as requested in such petition; and the Southeast 1/4 of Section 13 of said Zoning Map is hereby amended to conform to the change made in this section Section 3.21 Petition No Z-22 of Felician Sisters, 0 S.F., is hereby granted, the zoning classification of the premises described in said petition is hereby changed from AG-B to R-2 as requested in such petition, and the Northwest 1/4 of Section 20 of said Zoning Map is hereby amended to conform to the change made in this section Section 3. The attached map designated "Amendment No 4 of the Zoning Map of the City of Livonia", showing all of the amendments and changes made in the fore- going Section 2 of this ordinance, is hereby approved, established and made a part 1 1111 hereof Section 4 All ordinances or parts of ordinances in conflict herewith, are hereby repealed only to the extent necessary to give this ordinance full force and effect Section 5 Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portion of this ordinance The foregoing Zoning Ordinance was placed on the table for consideration at the next regular meeting of the Council A letter from City Attorney, William W Brashear, dated August 14, 1953, pertaining to the contract between the City and Kaszeta & Son, was read and con- sidered. 1 i II h r Page 1162 By Councilman Whitehead, seconded by Councilman Carey and adopted as follows, it was: # 637 RESOLVED, that, pursuant to the recommendation of the City Engineer and the Department of Public Works under date of June 25, 1953, Final Estimate #9 of the City Engineer on Contract #2 of Kaszeta & Sons for the construction of Sewage Disposal System No 2, is hereby approved and payment of the balance due on such estimate in the amount of $16,156.65 is hereby authorized; that, it appearing that all known garnishments and federal tax liens have been released, payment of the balance of $11,310 40 on Estimate No. 7 is likewise authorized; that the offer of Michigan Surety Company to pay to the City of Livonia the sum of $5,000 00 for the reconditioning of Stark, Laurel and Pinetree Roads, together with certain other property, is hereby accepted; that the guarantee period under the above contract is hereby extended to January 1, 1954, being one year from substantial completion of the project, and that the above authorized payments be made to Michigan Surety Company, as surety and assignee of Kaszeta & Sons, on receipt of said payment of $5,000 00 from Michigan Surety Company. A roll call vote was conducted on the foregoing resolution with the following result• AYES: Edgar, Whitehead, Carey, Taylor and Wolfe NAYS. None Letter from the City Attorney dated August 17, 1953 pertaining to new S D D Licenses was read and considered Councilman Edgar made an oral report on the same subject The letter was placed on file Mayor Ziegler presented to the Council a drawing of the new shopping center being constructed on the Southeast corner of Plymouth and Farmington 1 Roads and recommended that Farmington Road be paved from Plymouth Road South to the site of the new Fire Station By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted as follows, it was. # 638 RESOLVED, that, the Department of Public Works is requested to prepare plans, specifications and estimates of cost of paving Farmington Road from the South boundary of Plymouth Road to a point opposite the South boundary of the site of the new Fire Station on Farmington Road, and that such plans and estimates be submitted to the Council at its next meeting on August 24, 1953 Page 1163 By Councilman Edgar, seconded by Councilman Carey and unanimously adopted as follows, it was- IL # 639 RESOLVED, that, appropriate letters of appreciation be sent by the City of Livonia to all adjoining cities and communities,neighboring fire fighting organizations and police forces, and likewise to all of our local organizations, expressing the sincere appreciation of the City of Livonia for assistance given during the recent General Motors Hydramatic fire; and that this letter be sent in accordance with the list of such organizations prepared by the Director of Public Safety On motion of Councilman Taylor, seconded by Councilman Whitehead and unanimously adopted, the meeting was adjourned at 8:55 P M , August 17, 1953 ---2e-/-c-i' '----)/fr - --:32--if:7C-%- M • Clark, City Clerk j Attested: I arry S (olfe, Presiden