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HomeMy WebLinkAboutCOUNCIL MINUTES 1968-10-30 9999 L MINUTES OF THE SIX HUNDRED TWENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 30, 1968, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8 10 P. M.. Councilman Ventura delivered the invoca- tion. Roll was called with the following result: Robert E. McCann, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert F. Nash and Edward G. Milligan. Absent--Edward H. McNamara. Elected and appointed officials present; Addison W. Bacon, City Clerk, Harry C. Tatigian, Chief Assistant City Attorney, John T. Dufour, Superintendent of Parks and Recreation, William J. Strasser, City Engineer, Don Hull, City Planner, Donald Nicholson, Director of Public Safety, Marie Talbot, Court Clerk, Dan Andrew, L Industrial Coordinator; John Nagy, Assistant Planning Director; Victor C. Phillips, Budget Director; Thomas Griffiths, Jr. , Chief Accountant, Raymond Danaher, Budget Analyst, James Miller, Personnel Director, Charles Walker, Planning Commission; and William LaPine of the Zoning Board of Appeals. By Councilman Milligan, seconded by Councilman Nash, and *unanimously adopted, it was #1212-68 RESOLVED, that the minutes of the 627th regular meeting of the Council of the City of Livonia, held October 23, 1968, are hereby approved. *Councilman Raymond abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. The following preamble and resolution were offered by Councilman Kleinert and supported by Councilman Nash #1213-68 WHEREAS, by resolution #965-68, the City Council of the City of Livonia authorized issuance and sale of GENERAL OBLIGATION STREET IMPROVE- MENTIma. BONDS, SERIES II, of the City; AND WHEREAS, it is necessary to amend said resolution to provide that the first interest payment date will be April 1, 1969. NOW, THEREFORE, BE IT RESOLVED THAT 10000 1. Paragraphs 1 and 8 of said resolution #965-68 are amended to provide as follows : 1. Bonds of the City of Livonia, County of Wayne, Michigan, designated GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES II, be issued in the aggregate principal sum of Five Million Eight Hundred Thousand ($5,800,000.00) Dollars, as part of the total issue of bonds authorized by the qualified electors of the City on November 21, 1967, for the purposes specified on the face of the ballot, as set forth above, said issue to consist of eleven hundred sixty (1160) bonds of the denomination of $5,000.00 each, dated as of January 1, 1969, numbered in direct order of maturity from 1 to 1160, inclusive, and maturing serially, without option of prior redemption as follows $150,000.00 April 1, 1969, $200,000.00 April 1, 1970, $250,000.00 April 1, 1971, $300,000.00 April 1st of each of the years 1972 and 1973, $350,000.00 April 1st of each of the years 1974 and 1975, $400,000.00 April 1st of each of the years 1976 and 1977, $450,000.00 April 1st of each of the years 1978 and 1979, $500,000.00 April 1st of each of the years 1980 and 1981, $600,000.00 April 1st of each of the years 1982 and 1983. Said bonds shall be coupon bonds and shall bear interest at a rate or rates to be determined on public sale thereof, but in any event not exceeding six per cent (6%) per annum, pay- able on April 1, 1969, and semi-annually thereafter on October 1st and April 1st of each year, both principal and interest to be payable at a bank or trust company qualified to act as such by law, to be designated by the original pur- chaser of the bonds, who may also designate a co-paying agent or agents having like qualifications. 8. The City Clerk is authorized and hereby ordered to publish notice of sale of the bonds herein authorized in The Bond Buyer of New York, New York, and in the Livonian, a newspaper of gen- eral circulation in the City of Livonia, which notice of sale shall be in substantially the following form OFFICIAL NOTICE OF SALE $5,800,000.00 CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN GENERAL OBLIGATION STREET IMPROVEMENT BONDS SERIES II 10001 Sealed bids for the purchase of the above bonds will be received by the undersigned at his office, located in the City Hall, 33001 Five Mile Road, Livonia, Michigan, on , the day of 1969, until 8:00 o'clock p.m., Eastern Standard Time, at which time and place said bids will be publicly opened and read and promptly submitted to the City Council for its action thereon. Said bonds will be dated January 1, 1969, will be coupon bonds of the denomination of $5,000.00 each, registrable as to principal only, will be numbered consecutively in direct order of maturity from 1 to 1160, in- clusive, shall bear interest from their date at a rate or rates not exceed- ing six per cent (6%) per annum, expressed in multiples of 1/8 or 1/20 of 1%, or any combination thereof. Said interest will be payable on April 1, 1969, and semi-annually thereafter on October 1st and April 1st of each year, both principal and interest to be payable at a bank or trust company qualified by law to act as paying agent to be designated by the purchaser of the bonds, who shall also have the right to designate a co-paying agent or agents having like qualifications, which paying agent shall be subject to approval by the City Council. The interest rate on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate and each coupon period shall be represented by one interest coupon. Accrued interest to the date of delivery of such bonds shall be paid by the purchaser at the time of delivery. Said bonds will mature serially, without option of prior redemption, as follows: $150,000.00 April 1, 1969; $200,000.00 April 1, 1970; $250,000.00 April 1, 1971; $300,000.00 April 1st of each of the years 1972 and 1973, $350,000.00 April 1st of each of the years 1974 and 1975; $400,000.00 April 1st of each of the years 1976 and 1977; $450,000.00 April 1st of each of the years 1978 and 1979; $500,000.00 April 1st of each of the years 1980 and 1981, $600,000.00 April 1st of each of the years 1982 and 1983. For the purpose of awarding the bonds the interest cost of each bid will be computed by determining, at the rate or rates specifiedtherein, the total dollar value of all interest on the bonds from (here insert the first day of the month next following the date of receiving bids, or the date of the bonds, whichever is later) to their maturity and deducting therefrom any premium. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. Each bidder shall state in his bid the interest cost to the City, computed in the manner above specified. No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. The said bonds are payable from ad valorem taxes to be levied without limitation as to rate or amount. 10002 A certified or cashier's check in the amount of $116,000.00, drawn upon an incorporated bank or trust company and payable to the order of the City Treasurer of the City of Livonia, must accompany each bid as a guaranty of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks, and checks of unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, which opinion will be furnished without expense to the purchaser of the bonds prior to the delivery thereof, approving the legality of the bonds, the text of which opinion will be printed on the reverse side of each bond. The City shall furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser of the bonds at Detroit, Michigan, Chicago, Illinois, or New York, New York, or such other place as may be agreed upon with the purchaser. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of said bonds, will be delivered at the time of the delivery of the bonds. Payment for said bonds shall be made in Federal Reserve Funds. The right is reserved to reject any or all bids. Envelopes containing the bids should be plainly marked "Proposal for Bonds." Clerk, City of Livonia APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 2. Except as aforesaid resolution #965-68 adopted August 21, 1968, is ratified and confirmed as adopted. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Nash, Milligan, Raymond, Kleinert and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Kleinert, it was #1214-68 RESOLVED, that having considered the recommendation of the City Clerk with respect to the communication received from the Department of Public Health of the State of Michigan on October 29, 1968, the Council does hereby determine to amend and revise Council Resolution #195-68 so as to have the fees prescribed in the same, commencing and becoming effective on November 15, 1968, be in the following amounts: 10003 le A. Fees to be charged in connection with the issuance of certified copies of birth, stillbirth and death records to the public by the office of the City Clerk in performing the functions of the Registrar of Vital Statistics pursuant to the provisions of Act 343 of the Public Acts of Michigan of 1945, as amended, shall be offset by the charge of $2.00 per certified copy of a birth, stillbirth or death record. B. If no record is found, the fee will be retained to cover the cost of handling the request and providing an official statement to the effect that the record is not on file. C. The said $2.00 fee shall cover the cost of a search through the records of three years. An extra charge of 50¢ shall be levied for each additional year searched. D. If more than one copy of a record is ordered a fee in the amount of 50¢ for each additional copy shall be charged when requested at the same time. F. A fee of $2.00 shall be charged per copy for album style parchment records. F. A fee of $1.50 shall be charged per copy for wallet style birth records. G. One certified copy of a birth record of children born in Livonia of bona fide residents of Livonia may be issued without charge. and the City Clerk is hereby authorized to collect and deposit the same in the General Fund of the City; further, said certified copies shall be made available to the public in a timely manner and in accordance with such rules and procedures as shall be provided by the City Clerk, further, the action shall not be construed as waiving or releasing such rights of the City Clerk or any other person would have to such moneys, or any portion thereto as may be determined in the Courts of Michigan. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Nash, Kleinert and McCann. NAYS: *Milligan. The Vice-President declared the resolution adopted. *Councilman Milligan made the following statement: My "no" vote is cast due to the fact that I do not fully understand the authority of the State of Michi- gan in this regard. 10004 By Councilman Nash, seconded by Councilman Milligan, it was RESOLVED, that the communication from the City Clerk, with respect to the revision of fees to be charged for certified copies of birth, stillbirth and death records be referred to the Department of Law for their report. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Nash and Milligan. NAYS: Ventura, Kleinert and McCann. The Vice-President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was #1215-68 RESOLVED, that having considered the letter from Richard J. Trolley, Mayor of the City of Taylor, transmitted by the Mayor under date of October 28, 1968, the Council of the City of Livonia takes this means to convey its encouragement to the City of Taylor in its endeavor to locate a sports complex, including a stadium, on a site at Telegraph and Northline Roads. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Milligan, Kleinert and McCann. NAYS: Nash. The Vice-President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #1216-68 RESOLVED, that the complete budget for the next fiscal year commencing December 1, 1968, and ending November 30, 1969, as submitted by the Mayor to the Council on September 15, 1968, pursuant to Section 3, Chapter VII of the City Charter, and as revised by the City Council, be and hereby is determined and adopted and appropriations made as provided by the City Charter, that all proceedings on said budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 28, 1968, after proper notice being published in The Livonian Observer, the official newspaper of the City, on October 13, 1968, and provided further, that the City Clerk shall publish or cause to be published this resolution together with a summary of said budget as adopted herein, together with the minutes of this meeting. SUMMARY OF 1968 - 1969 BUDGET ESTIMATED REVENUES APPROPRIATIONS Property Taxes $3,354,583 General Government $1,007,015 State Agencies 2,390,435 Public Safety 2,597,840 Permits 292,200 Public Works 1,613,142 Licenses 34,120 Recreation 181,421 10005 ESTIMATED REVENUES APPROPRIATIONS Fees 253,625 Parks and Forestry 228,953 Municipal Court Library 198,730 (District Court) 159,500 Debt Service 311,414 Recreation 8,000 Miscellaneous 208,919 Investment Earnings 25,000 Reserve for Contingencies 76,129 Miscellaneous 42,100 Prior Years Deficits 136,000 $6,559,563 $6,559,563 A roll call vote was taken on the foregoing resolution with the following result. AYES : Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS : None. By Councilman Milligan, seconded by Councilman Raymond, it was #1217-68 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of five (5) mills, i.e., five-tenths (5/10) of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1968, and ending November 30, 1969, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia. (a) The Council does hereby establish a tax levy of one (1) mill, i.e., 1/10 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1.303 mills, i.e., 1303/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of the Public Acts of 1917, for the purpose of establishing operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of .312 mills, i.e., 312/10,000 of one (1) percentum of the State equalized assessed valu- ation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1959, 1965 and 1968 Fire Station Bond Issue; in addition to the amount which is authorized to be levied for general purposes, 10006 (d) The Council does hereby establish a tax levy of .057 mills, i.e., 57/10,000 of one (1) percentum of the State equalized assessed valua- tion of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement of the 1960 and 1965 Public Library Bond Issue, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of .09 mills, i.e. , 90/10,000 of one (1) percentum of the State equalized assessed valua- tion of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes; (f) The Council does hereby establish a tax levy of .526 mills, i.e., 526/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Park and Recreational Facilities Bond Issue, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of .486 mills, i.e., 48610,000 of one (1) percentum of the State equalized assessed valua- tion of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Street Improvement Bonds, Series I, in addition to the amount which is authorized to be levied for general municipal purposes, and provided further, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #1218-68 RESOLVED, that in accordance with the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known as the Drain Code of 1956, and in order to raise the sum necessary to pay: 10007 (a) Installment No. 10 of the assessment for improving Livonia Drain No. 1, which installment is due April 1, 1969, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1969; and (b) Installment No. 8 of the assessment for improving Livonia Drain No. 2, which installment is due April 1, 1969, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1969; and (c) Installment No. 7 of the respective assessments for improving Livonia Drains Nos. 3, 5, 6, 7, 8, 9 and 10 and the Bakewell Drain, which respective installments are each due April 1, 1969, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1969; and (d) Installment No. 5 of the respective assessments for improving Livonia Drains Nos. 11, 12, 13, 14, 15, 16, 17 and 18, which respective installments are each due Aptil 1, 1969, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1969, and (e) Installment No. 4 of the assessment for improving Livonia Drain No. 19, which installment is due April 1, 1969, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1969, (f) Installment No. 2 of the assessment for improving Livonia Drain No. 22 and Livonia Drain No. 22 Branches, which installment is due April 1, 1969, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1969; and (g) Installment No. 2 on Bell Drain No. 2 (Enclosure and Branches) Drain, which installment is due April 1, 1969, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1969; and (h) Installment No. 1 of the assessment for the improving of Livonia Drains No. 23, 24 and 25 which respective installments are due April 1, 1969, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1969; and (i) Installments No. 1 on Farmington Road Storm Relief Drain, Farmington Relief Extension No. 1 Drain and Blue Drain Enclosure (Livonia Section) which installments are due April 1, 1969, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1969; the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of 3.121 mills of the State Equal- ized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said installments and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County tax roll, and the Wayne County Bureau of Taxation, Office of the Wayne County Drain Commissioner, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. 10008 L A roll call vote was taken on the foregoing resolution with the following result AYES : Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS : None. Councilman Nash took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING ORDINANCE NO. 449 KNOWN AND CITED AS THE "BUILDING CODE ORDINANCE OF THE CITY OF LIVONIA," AS AMENDED, BY AMENDING SECTION 4.07 OF ARTICLE IV THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES : Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS : None. The Vice-President declared the foregoing Ordinance duly adopted and would become effective on publication. LBy Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #1219-68 RESOLVED, that having considered the report and recommendation of the Department of Law dated October 9, 1968, submitted pursuant to Council resolution #918-68, in connection with a letter from David A. Goldman of the law firm of Levin, Levin, Garvett and Dill, submitted in behalf of Oakview Homes, Inc. relative to the ownership of certain property in Lyndon Meadows Subdivision No. 2 and previously used as a storm water retention basin by the City, the Council does hereby determine to deny the request made herein by Mr. Goldman relative to the matter of ownership of the subject property. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #1220-68 RESOLVED, that having considered a communication from the City Planning Commission dated October 1, 1968 which transmits its resolution #6-63-68 in connection with the proposed preliminary plat for Livonia Mall Estates Subdivision to be located in the Southwest 1/4 of Section 2, the Council does hereby refer this matter back to the City Planning Commission L for further review and possible modification of the subject proposed plat. By Councilman Nash, seconded by Councilman Ventura, it was 10009 #1221-68 RESOLVED, that having considered the report and recommendation dated October 1, 1968 from the Asst. City Engineer, approved by the Director of Public Works and the City Engineer, approved for submission by the Mayor, and the attached final construction estimate dated September 25, 1968, the Council does hereby authorize Final Payment in the amount of $8,199.25 to Maraldo Asphalt Paving, Inc., P. 0. Box 4, Royal Oak, Michigan, which sum includes the full and complete balance owing on a contract dated July 11, 1968, and also a sum of $965 for additional work performed by the aforesaid company in connection with the tennis court construction at the Castle Gardens Park and Compton Park, it being the understanding of the Council that all work under the said contract has been completed in accordance with City standards and specifications and that the contractor has filed his declaration that there is no money owing for any labor or materials in connection with the work performed under the said contract, and for this purpose the Council does hereby authorize the expenditure of the additional sum of $983.50 from the Parks and Recreational General Obligation Bond Issue; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #1222-68 RESOLVED, that having considered a communication from the Civil Service Commission dated October 2, 1968 as well as a communication from the Board of Trustees of the Livonia Employees Retirement System dated October 23, 1968, relative to the membership of the Board of Trustees and recommendation submitted with respect to the same, the Council does hereby refer this matter to the Department of Law for the preparation of such proposed amendments to the City Charter as may be necessary in order to effectuate the recommendations submitted therein, provided, however, that the proposed Charter amendments shall be presented to employee organiza- tions for their consideration and comments with respect to same. *Councilman Ventura was excused at 9.06 P. M., and returned at 9:10 P. M. By Councilman Ventura, seconded by Councilman Nash, it was #1223-68 RESOLVED, that having considered a letter from the Country Homes Estates Civic Association, dated October 2, 1968, wherein a request is made for the installation of a traffic control lighting device to be installed in front of the Herbert Hoover School, in lieu of existing stop signs, on Levan Road between Five and Six Mile Road, the Council does hereby refer this matter to the Engineering Division for its report relative to the cost involved with respect to the subject installation of a traffic light at this location. 10010 A roll call vote was taken on the foregoing resolution with the following result• AYES : Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #1224-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 19, 1968 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on September 30, 1968, after due notice as required by Section 3.04 of said ordinance, and having also considered a letter dated October 2, 1968 from the Supt. of the Clarenceville School District, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance, (1) accept and approve said statement in all respect, (2) determine to make the improvement consisting of the installation of sidewalks on the south side of Eight Mile Road from Angling to Middlebelt Road in the North 1/2 of Section 1, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated June 19, 1968; (4) determine that the estimated cost of such improvement is $10,400.00; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $00.00 and that the balance of said cost and expense of said public improvement amounting to $10,400.00 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 therefrom; (7) determine that assessments made for such improvement may be paid in five (5) annual installments together with interest thereon in the amount of six per cent (6) per annum on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: That part of the North 1/2 of Section 1, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as consisting of Lots 347-353 inclusive Supervisor's Livonia Plat #6, as recorded in Liber 66, Page 57, Wayne County Records, and Outlots A & B, Hearthstone Subdivision, as recorded in Liber 78, Pages 86-88 and Wayne County Bureau of Taxation Parcels O1Wla, 01W2a and 01I1, 10011 (9) 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 portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land 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; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, 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 prior to the holding of the second public hearing thereon required by Section 3.08 of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Nash, Milligan, Kleinert and McCann. NAYS : Ventura. The Vice-President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Kleinert, it was RESOLVED, that having considered a letter from Ronald L. Nisun, constable, dated October 7, 1968, wherein a request is made for the payment of compensation for services rendered in connection with jury trials, the Council does hereby refer this matter to the Department of Law for its report and recommendation. By Councilman Raymond, seconded by Councilman Milligan, it was #1225-68 RESOLVED, that having considered a letter from Ronald L. Nisun, constable, dated October 7, 1968, wherein a request is made for the pay- ment of compensation for services rendered in connection with jury trials, the Council does hereby table this matter until such time as the reports are received as requested in council resolution #1098-68, adopted on September 25, 1968, from the Department of Law and the Municipal Judge. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Nash and McCann. NAYS Milligan and Kleinert. The Vice-President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was 10012 #1226-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 8, 1968 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on October 7, 1968, after due notice as required by Section 3.04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance, (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the opening of Lyndon Avenue from Fairway Drive to a point approximately 300 feet west of Fairway Drive in the Southeast 1/4 of Section 20, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated July 8, 1968, (4) determine that the estimated cost of such improvement is $6,877.50; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $00.00 and that the balance of said cost and expense of said public improvement amounting to $6,877.50 shall be borne and paid by special assessments on all lands and prem- ises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six per cent (6%) per annum on unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows• That part of the S. E. 1/4 of Section 20, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as being Wayne County Bureau of Taxation Parcels 20J1 and 2OMlbl. (9) 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 portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land 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, and 10013 (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, 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 prior to the holding of the second public hearing thereon required by Section 3.08 of the said ordinance. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #1227-68 RESOLVED, that with respect to the reported traffic problem existing on Lyndon Avenue west of Fairway Drive, the Council does hereby refer this matter to the Mayor for his report and recommendation. By Councilman Ventura, seconded by Councilman Kleinert, it was #1228-68 RESOLVED, that having considered the report and recommendation dated June 11, 1968 from the City Planning Commission which sets forth its resolution #5-61-68 in regard to Petition #68-4-1-14 submitted by Schostak Brothers and Company, Inc. for a change of zoning of property located on the north side of Seven Mile Road, west of Farmington Road, in the Southeast 1/4 of Section 4, from RUFA and C-1 to PS, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, pursuant to resolution #899-68, the Council does hereby concur with the recommendation of the Planning Commission and the said petition #68-4-1-14 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES : Ventura, Raymond, Nash, Kleinert and McCann. NAYS : Milligan. The Vice-President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Ventura, it was #1229-68 RESOLVED, that having considered the report and recommendation dated June 10, 1968 from the City Planning Commission which sets forth its resolution #5-57-68 in regard to Petition #68-4-1-10 submitted by Schostak Brothers and Company, Inc. , requesting zoning change of property located on the northwest corner of Seven Mile Road and Farmington Road in the Southeast 1/4 of Section 4, from RUFA and C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, pursuant to resolution #899-68, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #68-4-1-10 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared 10014 indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES ' Ventura, Raymond, Milligan, Kleinert and McCann. NAYS : Nash. The Vice-President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #1230-68 RESOLVED, that having considered the report and recommendation dated June 18, 1968 from the City Planning Commission which sets forth its resolution #5-58-68 in regard to Petition #68-4-1-11 submitted by Schostak Brothers and Company, Inc. , for a change of zoning of property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from RUFA to R-7, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, pursuant to resolution #899-68, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #68-4-1-i1 is hereby approved for that portion of the property covered by the follow- ing modified legal description which excludes the flood platin area: "That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the W. line of Farmington Road (120.00' wide), distant S. 89° 57' 10" W., 60.00' and N. 0° 00' 50" W., 1,005.00' from the S. E. corner of said Section 4, thence S. 89° 57' 10" W., 550.00'; thence N. 0° 00' 50" W., 1,635.56' ; thence N. 89° 48' 30" E., 60.00' , thence S. 16° 20' 40" E., 675.74' ; thence N. 89° 59' 10" E. , 300.00' to a point on the W. line of said Farmington Road; thence along said line, S. 0° 00' 50" E. , 986.95' to the point of beginning, containing 14.78 acres." except "That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as : Beginning at a point on the W. line of Farmington Road (120.00' wide), distant S. 89° 48' 30" W. , 60.00' and N. 0° 00' 50" W., 1,801.95' from the S. E. corner of said Section 4, thence S. 89° 48' 30" W. , 550.00' ; thence N. 0° 00' 50" W, 840.00' , thence N. 89° 48' 30" E., 60.00' , thence S. 16° 20' 40" E. , 675.74' , thence N. 89° 59' 10" E. 300.00' to a point on the W. line of said Farmington Road; thence along said line, S. 0° 00' 50" E., 190.00' to the point of beginning, containing 4.71 acres more or less." 10015 and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1231-68 RESOLVED, that having considered the report and recommendation dated June 18, 1968 from the City Planning Commission which sets forth its resolution #5-59-68 in regard to Petition #68-4-1-12 submitted by Schostak Brothers and Company, Inc. , for a change of zoning of property located north of Seven Mile Road, west of Farmington Road, in the South- east 1/4 of Section 4, from RUFA to ML, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, the Council does hereby determine to table this matter to the next study session of the Council, to be held November 13, 1968. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Nash and McCann. NAYS• Milligan and Kleinert. The Vice-President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Raymond, and unanimously adopted, it was #1232-68 RESOLVED, that having considered the report and recommendation dated June 18, 1968 from the City Planning Commission which sets forth its resolution #5-60-68 in regard to Petition #68-4-1-13 submitted by Schostak Brothers and Company, Inc., for a change of zoning of property located on the west side of Farmington Road, north of Seven Mile Road, in the South- east 1/4 of Section 4, from RUFA to PS, and the Council having conducted a public hearing with regard to this matter on October 7, 1968, pursuant to resolution #899-68, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition #68-4-1-13 is hereby approved for that portion of the property covered by the following modified legal description which excludes the flood plain area: "That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as : Beginning at a point on the W. line of Farmington Road (120.00' wide), distant S. 89° 57' 10" W. , 60.00' and N. 0° 00' 50" W. , 1,991.95' from the S. E. corner of said Section 4, thence S. 89° 59' 10" W., 300.00' ; thence N. 16° 20' 40" W., 675.74' , thence N. 89° lib' 30" E. , 490.00' to a point on the W. line of said Farmington Road; thence along said line, S. 0° 00' 50" E., 650.00' to the point of beginning, containing 5.89 acres." except 10016 "That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as : Beginning at a point on the W. line of Farmington Road (120.00' wide), distant S. 89° 59' 10" w., 60.00' and N. 0° 00' 50" W., 1,991.95' from the S. E. corner of said Section 4, thence S. 89° 59' 10" W, 300.00' ; thence N. 16° 20' 4o" w., 675.74' ; thence N. 89° 48' 30" E. , 120.00' ; thence S. 16° 20' 40" E., 551.14' , thence N. 89° 5910" E., 215.04' ; thence S. 0° 00' 50" E., 120.00' to the point of beginning, containing 2.41 acres more or less. and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Raymond, seconded by Councilman Nash, it was #1233-68 RESOLVED, that having considered the report and recommendation dated May 10, 1968 from the City Planning Commission which sets forth its resolution #4-46-68 with regard to Petition 065-12-1-40 submitted by Joseph B. Monaco for a change of zoning of property located at the north- east corner of Farmington Road and Lyndon Avenue in Section 22, from RUF to PS, and the Council having conducted a public hearing with regard to this matter on August 26, 1968, pursuant to resolution #594-68, and having also considered communications, dated August 29 and September 18, 1968, from the City Planning Department with respect to this matter, the Council does hereby table this matter until such time as they are advised by the petitioner that he desires to have this petition considered. A roll call vote was taken on the foregoing resolution with the following result: AYES : Ventura, Raymond, Nash, Milligan and Kleinert. NAYS : McCann. The Vice-President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #1234-68 RESOLVED, that having considered a letter from Rodney C. Kropf, attorney, dated October 14, 1968, submitted in behalf of his client Frank Volk, in connection with Mr. Volk's petition for site plan approval on a multi-family project presently pending before the City Planning Commission, the Council does hereby request that the City Planning Commis- sion promptly take appropriate action with respect to this matter. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopt- ed, it was 10017 #1235-68 RESOLVED, that the Department of Law is hereby requested to prepare an amendment to Section 8.02 of Ordinance 543, as amended, the Zoning Ordinance, so as to provide that with respect to site plans for multiple dwelling and apartment houses henceforth such site plans shall be "reviewed by the City Planning Commission and approved by the City Council". By Councilman Ventura, seconded by Councilman Kleinert, it was #1236-68 RESOLVED, that Bank of the Commonwealth, Detroit, Michigan, be and is hereby appointed Paying Agent for $1,600,000 City of Livonia, Wayne County, Michigan, G. 0. Fire Station bonds as more fully described on attached Exhibit A. BE IT FURTHER RESOLVED, that Bank of the Commonwealth shall be paid as compensation for its services, fees on the following basis• For Payment of Interest Coupons $0.14 per coupon, subject to a minimum of $25.00 on any one interest date. For Payment of Coupon Bonds At Maturity or on Redemption Prior to Maturity When All Outstanding Bonds are to be Redeemed $1.50 per.bond. On Redemption Prior to Maturity When Less Than All Outstanding Bonds are to Be Redeemed $1.75 per bond. Plus Out-Of-Pocket Expenses (e.g., postage, registered mail, surcharges, etc. ) BE IT FURTHER RESOLVED, that Bank of the Commonwealth shall reserve the right to raise the rates of compensation at any time that economic conditions warrant an increase to remain competitive in the community. BE IT FURTHER RESOLVED, that all statements of account and, unless cremation has been authorized by separate agreement, all cancelled obligations shall be forwarded by the Paying Agent to City of Livonia 33001 Five Mile Road Livonia, Michigan 48154 Telephone: Ga. 1-2000 A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS: None. 10018 By Councilman Raymond, seconded by Councilman Milligan, it was #1237-68 RESOLVED, that having considered a communication from the Supt. of Operations and the Director of Public Works, dated October 2, 1968, approved for submission by the Mayor, to which is attached a communication from the Asst. Planning Director, dated September 19, 1968, with respect to the planting of trees on the Farmington Road median islands, the Council does hereby determine to concur in the recommendation set forth in the aforesaid communications and does authorize the planting of Pink Mountain Ash and Crimson King Maple trees in these areas in the manner recommended. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #1238-68 RESOLVED, that having considered a communication from James H. Singer of 15645 Hubbard Road, Livonia, dated September 20, 1968, wherein a request is made for the installation of a street light to be located at the corner of Hubbard Road and Rayburn, the Council does hereby refer this matter to the Engineering Division for its report and recommendation. By Councilman Milligan, seconded by Councilman Nash, it was #1239-68 RESOLVED, that having considered a communication dated October 9, 1968 from the Water and Sewer Board which transmits its resolution #WS 1132 10/68, approved for submission by the Mayor, to which is attached a letter from the City Engineer dated September 18, 1968, approved by the Director of Public Works, and which includes the final construction estimate, dated September 5, 1968, with respect to the contract between the J. Mancinelli Excavating Co. , Inc. and the Board of County Road Commissioners of Wayne County for the construction of the Bell Creek Arm, Area 5b, of the City of Livonia Master Sanitary Sewer Program, and which contract, dated February 11, 1965, was in the estimated amount of $1,195,482.00, and the Council having been advised by the Engineering Division of the Department of Public Works of the City of Livonia, as well as the firm of John E. Hiltz & Associates, Inc., Consulting Engineers for the project, that all work under the said contract has been completed in accordance with City of Livonia and Wayne County Road Commission standards, specifications and requirements, and that all complaints with respect to this project have been satisfactorily resolved, the Council does hereby request that the Board of County Road Commissioners of the County of Wayne furnish a complete release to J. Mancinelli Excavating Co., Inc., under the aforesaid contract and make Final Payment with respect to the same in the amount of $63,726.81 which sum includes $28,740.55 for additional work performed by the aforesaid company in connection with this project; further, the Council does hereby authorize the Board of County 10019 Road Commissioners of the County of Wayne to make Final Payment to the L firm of John E. Hiltz & Associates, Inc., Consulting Engineers, for services rendered as consulting engineers for this project, in accordance with the agreement which was entered into between the aforesaid firm and the Board, further, the Council does hereby request that the Board of County Road Commissioners of the County of Wayne authorize the additional expenditure of $28,740.55 for the purpose of making payment with respect to the additional work referred to herein, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Wayne County Road Commissioners. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS: None. The communication from the Michigan Public Commission entitled "Order and Notice of Hearing" re Case No. U-3110, application of Consumers Power Company for authority to increase its rates for the sale of natural gas, was received and filed Lfor the information of the Council. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopt- ed, it was #1240-68 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman Kleinert, it was WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. , for the installation of paving and drainage on a proposed north-south industrial road (Westmore Avenue) and on an east-west industrial road (Industrial Road) in the Northwest 1/4 of Section 27 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Monday, September 16, 1968 at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street and drainage improvements to be constructed in Special Assessment District No. _____; and lorm WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED THAT: 10020 (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated August 29, 1968 (revised), in the amount of $115,311.00, are fair and equitable and based upon benefits to be derived by construction of improve- ments 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. is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six per cent (6%) per annum on the unpaid balance of the assessment from the date of confirmation. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1969 and subsequent install- ments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirm- ation 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 Section 6.03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from the date of confirmation pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1969 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from the date of confirmation and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Nash NAYS : Ventura. The roll call vote was in progress and was interrupted by the following By Councilman Milligan, seconded by Councilman Ventura, it was 10021 #1241-68 RESOLVED, that the Council does hereby determine that the proceedings relative to the Special Assessment Roll for "Paving & Drainage North-South Industrial Road and East-West Industrial Road" be tabled to the next study session to be held November 13, 1968. A roll call vote was taken on the foregoing resolution with the following result AYES : Ventura, Raymond, Milligan and McCann. NAYS: Nash and Kleinert. The Vice-President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #1242-68 RESOLVED, that the Council does hereby determine that the proceedings relative to the Special Assessment Roll for "Water Mains Industrial Road and Westmore Avenue" be tabled to the next study session to be held November 13, 1968. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Milligan and McCann. NAYS: Nash and Kleinert. LThe Vice-President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #1243-68 RESOLVED, that the Council does hereby determine that the proceedings relative to the Special Assessment Roll for "Paving Improve- ments on Glendale Avenue" be tabled to the next study session to be held November 13, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan and McCann. NAYS: Nash and Kleinert. The Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopt- ed, it was #1244-68 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated September 10, 1968 on all matters required by Sections L 3.03 and 4.01 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on October 28, 1968, after due notice as required by Section 3.04 of said ordinance, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance, 10022 (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of a street lighting system in Country Homes Estates Subdivision No. 3, Lots 356 through 424, both inclusive, and Outlots F and G, located in the S. E. 1/4 of Section 8, and in Denmar Estates Subdivision, Lots 276 and 277, of part of the South 1/2 of Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated September 10, 1968, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows : A special assessment district located in the S. E. 1/4 of Section 8, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as follows: Lots 356 through 424 both inclusive of Country Homes Estates Subdivision #3 of part of the S.E. 1/4 of Section 8, City of Livonia, Wayne County, Michigan, and Lots 276 and 277 of Denmar Estates Subdivision of part of the South 1/2 of Section 8, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in Liber 87, Pages 40, 41 & 42 of Wayne County Records; and Outlots F and G of Country Homes Estates Subdivision #3. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer and dated September 10, 1968, (8) that upon completion of said rolls, the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, 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 prior to the holding of the second public hearing thereon pursuant to Ordinance No. 401, as amended. 10023 By Councilman Ventura, seconded by Councilman Milligan, it was #1245-68 RESOLVED, that the Council does hereby determine to proceed no further with special assessment proceedings hithertobefore commenced with respect to the proposed construction of sidewalks along both sides of Merriman Road from a point 900 feet north of Schoolcraft to a point 1300 feet south of Plymouth Road in view of the various observations, comments and objections of individuals who were in attendance at a public hearing held on October 21, 1968. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, Nash, Milligan and McCann. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #1246-68 RESOLVED, that the Council does hereby determine to authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for the installation of street lights on Merriman Road, between Plymouth Road and Schoolcraft Road, (ornamental poles with underground wiring), it being the determination of the Council that such lighting is needed to protect the public safety of the residents of this community, further, the Council does hereby authorize and request the City Engineer to do all things necessary in connection with the installation of said street lighting improvement. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Nash, Milligan, Kleinert and McCann. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, this 628th regular meeting of the Council of the City of Livonia was duly adjourned at 10.15 P. M., October 30, 1968. ADDISON W. BACON, rk.