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HomeMy WebLinkAboutCOUNCIL MINUTES 1964-07-15 Page 6699 MINUTES OF THE FOUR HUNDRED FIFTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVON.IA On July 15, 1964, 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 8:19 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present-- James R. McCann, Peter A. Ventura, Daniel C. Allen, John F. Dooley and Edward H. McNamara. Absent-- Rudolf R. Kleinert and John T. Daugherty. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry Smit, City Attorney; Harry Tatigian, first Assistant City Attorney; Robert A. Shaw, Director of Public Works; Donald Hull, City Planner; William J.Strasser, Chief City Engineer; Carl Demek, Superintendent, Operations Division; Thomas J. Griffiths, Jr., Chief Accountant; S. Petrucci, Traffic Commission; Raymond Tent, Planning Commission; Daniel R. Andrew, Industrial Coordinator; Ronald Nisun, Constable; Robert P. Vollmer, John Nussbaum and Doris Bachman of the Traffic Commission; and Joel LaBo, Director of Public Safety. By Councilman Ventura, seconded byCouncilman Dooley and unanimously adopted, it was #588-64 RESOLVED that, the minutes of the 457th regular meeting of the Council of the City of Livonia held on July 1, 1961 , are hereby approved. The City Clerk, Addison W. Bacon, informed the Council of two veto messages dated July 13, 1964, from the Mayor in regard to resolutions #555-6L and #581-64, which were adopted by the Council on July 1, 196!L. The messages were set aside for action by the Council at a later time in the meeting. Councilman McNamara introduced the following emergency Ordinance: No. !t91 AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE NO. 186, ENTITLED "AN ORDINANCE TO REGULATE ME CUTTING AND DESTRUCTION OF NOXIOUS WEEDS AND OTHER WEEDS, GRASS, BRUSH AND UNCONTROLLED TREE GROWTH AND THE REMOVAL OF REFUSE AND DEBRIS UPON LANDS IN THE CITY OF LIVONIA AND TO PROVIDE FORA TAX UPON THE OWNERS FAILING TO COMPLY WITH THE PROVISIONS HEREOF AND TO PROVIDE A PENALTY FOR THE VIOLATION (F THE PROVISIONS HEREOF." Page 6700 The foregoing Ordinance is filed in the Journal of Ordinances, Volume No.8, in the office of the City Clerk, and is the same as if word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following results AYES: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. The letter dated June 29, 1964, from the Superintendent of Operations Division, approved by the Director of Public works, submitted pursuant to resolution 1531-64, regarding poison ivy weeds at the Coolidge School, was received and filed for the information of the Council. The letter dated June 19, 1964, from the Department of Law, submitted pursuant to resolution 684-63, regarding a request for payment by Best Land Develop- ment Company, Inc., was received and filed for the information of the Council. By Councilman McNamara, seconded by Councilman Dooley, it was RESOLVED that, having considered the report and recommendation dated June 26, 1964, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby accept the bid of Rudoni Excavat- ing Company, Inc., 2150 Howard Avenue, Lincoln Park, Michigan, for in- stalling approximately 1200 lineal feet of 6" house leads from the lateral sewer on Doris Avenue to the abutting properties for the estimated cost of $4,620.00 (based on the Engineering Division's estimate of units of work involved), and subject to a final payment based on the actual units of work as constructed in accordance with the unit price accepted herein, said estimated cost and unit price having been in fact the lowest bid received for this work; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the afore- said bidder, and to do all other 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: McNamara. NAYS: Ventura, Allen, Dooley and McCann. The Vice President declared the resolution denied. Page 6701 By Councilman Dooley, seconded byCbuncilman Allen and unanimously adopted, it was #589-64 RESOLVED that, the Mayor and the Purchasing .Agent advise the Council as to whether or not the bidding procedure in seeking bids for the work referred to in the letter dated June 26, 1964, from the Director of Public Works relative to the Doris Avenue Sanitary Sewer Project, South of Seven Mile Road, complies with all the requirements for competitive bidding; and that the Council be given the cost of the completed project - labor, rental and materials - so that the Council will know what the total cost is in relation to the original estimate. The following preamble and resolution were offered by Councilman McNamara and supported by Councilman Allen: #590-64 WHEREI*S, the City Council does hereby determine that it is necessary that Farmington Road in said City from Plymouth to Eight Mile Road be widened to 60 feet and paved with necessary bridges to be con- structed and reconstructed and right-of-way acquired, and Merriman Road in said City from Schoolcraft to Eight Mile Road be paved to a width of 24 feet and necessary bridges to be constructed and reconstructed and right- of-way acquired; and WHEREAS, the cost of said highway improvements are estimated to be Five Million Seven Hundred Sixty-two Thousand ($5,762,000.00) Dollars, and, by agreement between the City and the Board of County Road Com- missioners of the County of Wayne, the City's share of said estimated cost has been determined to be One Million Nine Hundred Fifty Thousand ($1,950,000.00) Dollars, said highways to be so improved being a part of the County primary system; and WHEREAS, to finance the City's share of the cost of said highway improvements, the City Council deems it necessary to borrow the sum of One Million Eight Hundred Thousand ($1,800,000.00) Dollars, and issue bonds therefor as authorized by the provisions of Act 175, Public Acts of Michigan, 1952, as amended, the balance of the City's share of the cost to be provided by other funds available or to become available therefor; and WHEREAS, said highway improvements are in accordance with the purposes enumerated in Act 51, Public Acts of Michigan, 1951; and WHEREAS,the notice required by Act 60 of the Public Acts of Michigan, 1941, being an amendment to Act 279 of the Public Acts of Michigan, 1909, as amended, was duly published in the Livonian Observer, a newspaper of general circulation in the City of Livonia and a period of more than thirty days having elapsed since the publication of said notice, and no petition having been filed with the City Clerk requesting the sub- mission of the issuance of such bonds to the qualified electors of said City; and WHEREAS, the City Council deems it to be in the best interest of the City of Livonia to finance a part of the cost of said highway improve- ments, by borrowing the sum of $1,800,000.00 and issuing the bonds of the Page 6702 City theref or, pursuant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended; and WHEREAS, the revenues received by the City of Livonia from the Motor Vehicle Highway Fund pursuant to Act 51, Public Acte of Michigan, 1951, as amended, in the year preceding this contemplated borrowing are more than sufficient to comply with all the requirements specified in Section 4 of Act 175, Public Acts of Michigan, 1952, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The plans and estimates of the cost of the highway improvements, as briefly set forth in the preamble hereto, are hereby approved and adopted. 2. The period of usefulness of said highway improvements is estimated to be not less than thirty (30) years. 3. The City Council of the City of Livonia hereby determines to borrow the sum of One Million Eight Hundred Thousand ($1,800,000.00) Dollars and issue bonds of the City therefor pursuant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended, for the purpose of providing funds to pay part of the City's share of the cost of the highway improvements, as set forth in the preamble hereto. 1�. Said bonds shall be designated MOTOR VEHICLE HIGHWAY FUND BONDS (1964 SERIES), and shall consist of three hundred sixty (360) bonds of the denomination of $5,000.00 each, numbered consecutively in direct order of maturity from 1 to 360, inclusive, dated as of September 1, 1964, and payable serially, without option of prior redemption, as follows: $ 85,000.00 July 1st of each of the years 1965 and 1966; $ 90,000.00 July 1st of each of the years 1967, 1968 and 1969; $ 95,000.00 July 1st of each of the years 1970 and 1971; $100,000.00 July 1, 1972; $115,000.00 July 1, 1973; $120,000.00 July 1, 1974; $130,000.00 July 1st of each of the years 1975 and 1976; $135,000.00 July 1, 1977; $215,000.00 July 1, 1978; $225,000.00 July 1, 1979. Said bonds shall bear interest at a rate or rates not exceeding three and one-half per cent (3-1/2%) per annum, payable on January 1, 1965, and semi-annually thereafter on July 1st and January 1st of each year. Both principal and interest shall be payable at a bank or trust company qualified to act as paying atent to be designated by the original purchaser of the bonds. 5. For the purpose of providing moneys to pay the principal of and interest on the bonds herein authorized, and in accordance with the provisions of Act 175, Public Acts of Michigan, 1952, as amended, here is hereby made an irrevocable appropriation of the amount necessary to pay the principal of and interest on the bonds herein authorized from the Page 6703 moneys to be derived from State-collected taxes returned to the City of Livonia for highway purposes, pursuant to law, and the Treasurer of the City of Livonia is hereby directed, during each year that any of the principal of and interest on the indebtedness herein authorized remains outstanding and unpaid, to set aside in a separate depositary account, to be designated 1964 MOTOR VEHICLE HIGHWAY FUND BOND DEBT RETIREMENT FUND, sufficient moneys from revenues received during such year from the Motor Vehicle Highway Fund pursuant to law to pay the principal of and interest on the installment of such indebtedness next maturing. 6. Pursuant to the authorization of Act 175, Public Acts of Michigan, 1952, as amended, andas additional security for the prompt payment of the principal of and interest on the bonds herein authorized, there is hereby irrevocably pledged the full faith and credit of the City of Livonia, and in the event of deficiency of funds primarily pledged to the payment thereof, the City covenants and agrees to levy the taxes necessary to provide such deficiency, which taxes are not subject to limitation as to rate or amount. 7. Said bonds shall be signed by the Mayor and counter- signed by the City Clerk and the corporate seal of the City shall be affixed thereto, and the interest coupons annexed to said bonds shall bear the facsimile signatures of the Mayyor and City Clerk. Said bonds when executed shall be delivered to the Treasurer and be delivered by him to the purchaser thereof on payment of the purchase price, in accordance with the bid there- for, when accepted. 8. Said bonds and the attached coupons shall be in sub- stantially the following form: UNITED STATES CF AMERICA STATE CF MICHIGAN SOUNTY OF WAYNE CITY OF LIVON IA MOTOR VEHICLE HIGHWAY FUND BOND (1964 SERIES) NO. $5,000.00 KNOW ALL MEN BY THESE PRESE TS that the CITY OF LIVCNIA, County of Wayne, State of Michigan, for value received hereby promises to pay the bearer hereof the sum of FIVE THOUSAND DOLLARS on the first day of July, A. D., 19 , with interest thereon from the date hereof until paid at the rate of per cent ( %) per annum, payable on January 1, 196 , and semi-annually thereafter on the first day of July and January of each year, upon presentation and surrender of the proper interest coupons hereto annexed as they severally become due. Both principal of and interest on this bond are payable in lawful mone y of the United States of America at and for the prompt faith,' p p payment of this bond, both principa an interest, the full credit and resources of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of three hundred sixty (360) bonds of even date and like tenor, except as to rate of interest and date of maturity, aggregating the Page 67014 principal sum of $1,800,000.00, numbered consecutively in direct order of maturity from 1 to 360, inclusive, issued for the purpose of defraying part of the City's share of the cost of highway improvements in the City of Livonia, in accordance with resolution duly and regularly adopted by the City Council on July 1964, pur- suant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended. This bond and the interest thereon are payable from the proceeds of State- collected taxes returned to the City of Livonia for road purposes pursuant to law, or in case of insufficiency of said fund out of the general funds of the City of Livonia and the resolution authorizing the issuance and sale of said bonds contains an irrevocable appropriation of the amount necessary to pay the principal of and interest on this bond and the series of bonds of which this is one from moneys derived from such State-collected taxes so returned to the City of Livonia for highway pur- poses which have not been theretofore specifically allocated and pledged for the pay- ment of indebtedness. It is hereby certified and recited that all acts, conditions and things required to be done, exist and happen, precedent to and in the issuance of said series of bonds of which this is one, in order to make them valid and binding obligations of said city, have been done, exist and have happened in regular and due form and time as required by law, and that the total indebtedness of said city, including the series of bonds of which this is one, does not exceed any constitutional, charter or statutory limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed in the name of said city by its Mayor and to be countersigned by its City Clerk and its corporate seal to be here- unto affixed, and has caused the annexed interest co'ons to be executed with the facsimile sighatures of its Mayor and City Clerk, all as of the first day of Septem- ber, A. D., 1964. CITY OF LIVON7A By Mayor (SEAL) Countersigned: City Clerk (Form of Coupon) No. $ On this first day of , A.D., 19 , the City of Livonia, County of Wayne,, State of Michigan, hereby promises to pay to the bearer hereof the sum shown hereon at being the interest due that date on its Motor Vehicle Highway Fund Bond (1964 Series), dated September 1, 19614, No. Mayor City Clerk 9. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds and approval of the form of notice of sale, and upon receipt of such approval, the City Clerk shall cause notice of sale of said bonds to be Page 6705 published in the Bond Buyer, New York, New York, and the Livonian Observer, Livonia, Michigan, fixing the date of sale for a regular or special meeting of the City Council occurring at least seven (7) full days after the date of such publication. 10. The notice of sale of said bonds shall be in the following form, subject to any changes that may be re qui red therein by the Municipal Finance Commission: OFFICIAL NOTICE OF SALE $1,800,000.00 CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN MOTOR VEHICLE HIGHWAY FUND BONUS (1964 Series) Sealed bids for purchase of the above bonds will be received by the ubder- signed at the City Hall, 33001 Five Mile Road, Livonia, Michigan, until 8:00 o'clock p. m., Eastern Standard Time, on , the day of , 1964, at which time and place said bids will be publicly opened and read. Said bonds will be dated September 1, 1964, and will be 360 coupon bonds of the denomination of $5,000.00 each, will be numbered consecutively in direct order of maturity from 1 to 360, inclusive, and will bear interest from their date at a rate or rates not exceeding three and one-half per cent (3-1/2%) per annum, expressed in multiples of 1/8 or 1/20 of 1%,said interest to be payable on January 1, 1965, and semi-annually thereafter on July is t and January 1st of each year. The interest rate for each coupon period on any one bond shall be at one rate only and represented by one interest coupon. Accrued interest to the date of delivery of such bonds must be paid by the purchaser at the time of delivery. Said bonds will mature serially, without option of prior redemption, as follows: $ 85,000.00 July 1st of each of the years 1965 and 1966; $ 90,000.00 July 1st of each of the years 1967, 1968 and 1969; $ 95,000.00 July 1st of each of the years 1970 and 1971; $100,000.00 July 1, 1972; $115,000.00 July 1, 1973; $120,000.00 July 1, 1974; $130,000.00 July 1st of each of the years 1975 and 1976; $135,000.00 July 1, 1977; $215,000.00 July 1, 1978; $225,000.00 July 1, 1979. Both principal and interest will be payable at a bank or trust company, qualified to act as paying agent to be designated by the purchaser of the bonds. For the purpose of awarding the bonds, the interest cost of each bid will be computed by determining, at the rate or rates specified therein, 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 decucting therefrom any premium. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost Page 6706 to the City. No proposal for purchase of less than all of the bonds or at a price less than their par value will be considered. The bonds are to be issued pursuant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended, and are issued in anticipation of Motor Vehicle Highway Fund payments to be received by the City of Livonia, and the said bonds will pledge the full faith and credit of the City of Livonia for their payment. A certified or cashier's check in the amount of $36,000.00, drawn upon an incorporated bank or trust company, payable to the order of the 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 will 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 will be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the bonds, a copy of which will be printed on the reverse side of each bond. The cost of such opinion and the cost of printing the bonds shall be paid by the City. Bonds will be delivered at Detroit, Michigan, or such other place as may be agreed upon with the purchaser. The bonds will be accompanied by the usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds. The right is reserved to reject any and all bids. Envelopes containing the bids should be plainly marked "Proposal for Bonds." Clerk, City of Livonia APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 11. A copy of this resolution shall be published in the Livonian Observer,Livonia, Michigan, a newspaper of general circulation in the City of Livonia, Michigan, once before this resolution becomes effective. 12. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. The Vice President declared the resolution adopted. Page 6707 By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was #591-64 RESOLVED that, resolution #587-64, adopted by the Council on July 1, 1964, accepting a certain bid for air conditioning the City Hall be and is hereby rescinded. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #592-6L RESOLVED that, all bids submitted for air conditioning the City Hall be rejected and that the Department of Public Works recommend a list of three (3) architects for the purpose of designing an adequate air conditioning system for the City Hall. By Councilman Ventura, seconded by Councilman Allen, it was #593-6L. RESOLVED that, having considered the report and recommendation dated June 26, 1964, from the Superintendent of Operations, approved by the Director of Public Works and Budget Director, the Council does hereby accept the bid of Great Northern Waste Oil Co., 39 Geneva Ave., Highland Park 3, Michigan, for supplying theCity with Road Oil for the 1964 season at a cost of $0.054 per gallon spread, such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman McNamara, it was #591 -64 RESOLVED that, having considered the report and recommendation dated June 26, 1964, from the Superintendent of Operations, approved by the Director of Public Works andBudget Director, the Council does hereby accept the bid of Standard Oil, Division of American Oil Company, P. O.Box 2858, Detroit 31, Michigan, for supplying the City withFuel Oil for various City buildings and equipment as specified, for the period from July 1, 1964 to June 30, 1965, at a cost of $0.1173 for #1 Oil and $0.1073 for it2 Oil, such having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. By Councilman McNamara, seconded by Councilman Allen, it was #595-64. RESOLVED that, having considered the report and recommendation dated June 16, 196)4, from the Superintendent of Operations, approved by Page 6708 the Director of Public Works and Budget Director, the Council does hereby accept the bid of Forest Dodge, Inc., 34955 Plymouth Road, Livonia, Michigan, for supplying the City with one (1) 1964 Dodge 1/2 ton Pickup Truck for the Water Operations Department for the price of $2,305.71, such having been in fact the lowest bid received for this vehicle. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None, By Councilman McNamara, seconded by Councilman Dooley, it was #596-64 RESOLVED that, having considered the report and recommendation dated June 15, 1964, from the Chief City Engineer, approved by the Director of Public Works, and it appearing that the contractor's declaration, con- tractor's affidavit and waivers of lien have been received and filed in the office of the City Clerk, and that all work has been completed in accord- ance with City standards with the exceptioh of some clean-up work consist- ing of spreading a small amount of top soil, seeding and mulching to be done in the Fall, the Council does hereby authorize the final payment of the sum of $4,719.18„ after the sum of $200.00 is placed in escrow with the City Clerk for completion of the aforesaid work by the Contractor, to Transformer Inspection Company, 2704 Normandy Road, Royal Oak, Mich igan, for the installation of outdoor lighting at the Livonia Henry Ford Cen- tennial Athletic Field, pursuant to a contract dated April 1, 1964; and the City Clerk and City Treasurer are hereby authorized to do all things necessary for the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None, By Councilman Ventura, seconded by Councilman Dooley, it was #597-64 RESOLVED that, having considered the report and recommendation dated June 29, 1964, from the Chief City Engineer, approved by the Director of Public Works, and it appearing that the contractor's declaration, con- tractor's affidavit and waivers of lien have been received and filed in the office of the City Clerk, and that all work has been completed in ac- cordance with City standards, the Council does hereby authorize final pay- ment in the sum of $3,000.00 to Luigi D'Agostini and Sons Contracting Co., 17086 Ego, East Detroit, Michigan, for construction of the Newburgh Road Sanitary Sewer Extension to Section 7, under H.H.F.A. Project APW44ich-1090„ which final estimate has been reviewed and approved for payment by the Housing and Hane Finance Agency; the City Clerk is hereby requested to forward two certified copies of this resolution to the Housing and Home Finance 'gency; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. Page 6709 By Councilman Dooley, seconded by Councilman Ventura, it was #598-64 RESOLVED that,having considered the report and recommendation dated July 8, 1964, from the Chief City Engineer, approved by the Director of Public Works and it appearing that the contractor's declaration, coh- tractor's affidavit and waivers of lien have been received and filed in the office of the City Clerk, and that all work has been completed in ac- cordance with City standards, the Council does hereby authorize final payment in the sum of $4,947.66, to Rocco Ferrera & Company, Inc., 30105 West Eight Mile Road, Livonia, Michigan, for the installation of the Schoolcraft-Stark Road Sanitary Sewer extension, pursuant to a contract dated September 10, 1963; and the City Clerk and City. Treasurer are hereby requested 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: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. By Councilman McNamara, seconded by Councilman Allen, it was #599-64 RESOLVED that, having considered the report and recommendation dated June 18, 1964, from, the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #504-61, adopted July 31, 1961, as amended by resolutions #537-63, #238-62 and #608-62, so as to reduce the bond for remaining improvements in Taylor Gardens Subdivision to $2,000.00, which amount shall be in cash, to cover the cost of remaining improvements in said subdivision; 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 : McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. By Councilman McNamara, seconded by Councilman Ventura, it was #600-64 RESOLVED that,pursuant to the report and recommendation dated June 26, 1964, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of its resolution #697-59, adopted November 9,1959, as reinstated by resolution #247-64, adopted March 18, 1964, as amended by resolution #513-64, so as to reduce the bond for remaining improvements in Country Homes Estates Subdivision No. 2 to $175,000.00, of which at least $32,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision; 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: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. Page 6710 L By Councilman Dooley, seconded by Councilman Allen, it was 001-64 RESOLVED that, the recommendation dated June 29, 19641 from the Chief City Ehgineer regarding the problem that exists resulting from the lack of a sanitary sewer on the south side of Plymouth Road west of Raleigh Avenue, is hereby referred to the Water and Sewer Committee of the Council for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Ventura, Allen and McCann. NAYS: Dooley. The Vice President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #602-64 RESOLVED that, the letter dated June 25, 1964, from the Civil Service Commission regarding classifications and rates of pay for Teen Center Personnel, is hereby referred to the Finance Committee for report and recommendation. L Councilman McNamara introduced the following emergency Ordinance: NO. 492 AN ORDINANCE AMENDING SECTIONS 10,11, 15 AND 35 OF ORDINANCEIN. 372, AS AMENDED, AN ORDINANCE ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY OF LIVONIA, FIXING THE BOUNDARIES THEREOF, AND PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE THEREOF. The foregoing Ordinance is filed in the Journal of Ordinances, Volume No.82 in the office of the City Clerk, and is the same as if word for word repeated herein. A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: McNamara, Ventura, Allen, Dooley and McCann. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. The letter dated July 1, 1964, from tie Department of Law regarding Grand- LPrix Builders, Ihc. vs., City of Livonia, et al, w as received and filed for the in- formation of the Council. Page 6711 By Councilman Ventura, seconded by CouncilmanAllen and unanimously adopted, it was #603-64 RESOLVED that, Petition No. V-81, submitted by Stephan F. Slavik, President of Rouge Building Company, under date of June 30, 1964, for the vacation of a portion of Wood Drive, west of Riverside Drive, in Burton Hollow Subdivision No. 3, in the N. W. 1/4 of Section 16, City of Livonia, Wayne County, Michigan, is hereby referred to the City Planning Commission for action and recommendation according to law and Ordinance No.29,as amended. The following resolution was offered by Councilman McNamara, supported by Councilman Ventura and unanimously adopted: #604-64 WHEREAS, the lead in gasoline comes out of the exhaust pipe in tiny particles of lead oxide that is carried in the air for hundreds of miles, and WHEREAS, lead oxide is a poison polluting the atmosphere that harms the entire population, especially infants and children, and WHERE , lead oxide is now raining at about 50 times the rate nature was putting it into the atmosphere before the auto age, and WHEREAS, only about 10,000 tons of lead falls on the Southern Hemisphere annually, while about 500,000 tons of lead falls on the Northern Hemisphere annually, and WHEREAS, Doctor Tsaihwa J.Chaw of the University of California and Dr. C. C. Patterson,Geologist at California Institute of Technology, Pasadena, has found 10,000 times more lead in snow samples from California'a Lasen Volcanic National Park than nature was putting it there from normal dust from the spil, before the auto age, and WHEREAS, leading health authorities all agree that man and the auto age is the culprit, NOW, THEREFORE, BE IT RESOLVED: (1) That this arganiption go on record as encouragint the automobile manufacturers to spend more money for research to eliminate this public health menace by building an automobile exhaust system that will decompose lead oxide, and (2) That we as public officials will encourage the purchase of the product or products that will make a sincere effort to eliminate the poisonous lead oxide from the exhaust of the automobile, and (3) That we send a copy of this resolution to every municipality in Wayne County, and that we urge each and every municipality to pass a similar resolution, with the ultimate goal being that every municipality in the State of Michigan pass a resolution to bring the problem to the attention of the general publics and Page 6712 (14) That a copy of this resolution be mailed to the Honorable George Romney, Governor of the State of Michigan, and to each and every member of the State Legislature, so that they may consider and deliberate on this problem,and explore the possibility of passing legislation which may encourage the automobile manufacturers to apply their research and engineering facilities to overcome this health hazard so that we and our children may breathe fresh air again. By Councilman Dooley, seconded by Councilman McNamara, it was #605-614 RESOLVED that, having considered the report dated July 13, 1964, of the Department of Law pertaining to a proposed agreement by and between the Detroit Metropolitan Area Regional Planning Commission, the Huron- Clinton Metropolitan Authority, and the City of Livonia, as prepared and submitted by the Housing and Home Finance Agency, Chicago, Illinois, which document would assure cooperation between the aforesaid agencies and the City for the preservation of open-space land within their respective jurisdictions, the Council does hereby approve of the aforesaid agreement, and the Mayor and City Clerk are hereby authorized to execute said agree- ment on behalf of the City and to do all other things necessary or in- cidental to the full performance of this resolution; and the City Clerk is hereby requested to send a certified copy of this resolution to each of the aforesaid agencies. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Allen, Dooley and McCann. NAYS: Ventura. The Vice President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McNamara, it was resolved that #606-64 WHEREAS, Title VII of the Housing Act of 1961 provides for the making of grants by the Housing and Home Finance Administrator to States and local public bodies to assist them in the acquisition of permanent interests in land for open-space purposes where such acquisition is deemed in accordance with plans for the allocation of land to such purposes; and WHEREAS, the City of Livonia, Michigan, desires to acquire owner- ship to certain land described as follows: That part of the N.W. 1/4 of Section 5, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the South line of Eight Mile Road, distant North 89 degrees 145 minutes 30 seconds East 390.00 feet and South 0 degrees 00 minutes 50 seconds East 60.00 feet from the Northwest corner of Section 5, and proceeding thence along the South line of Eight Mile Road, North 89 degrees 45 minutes 30 seconds East 1706.83 feet; thence South 0 degrees 53 minutes 55 seconds East 100.00 feet; thence North 89 degrees 45 minutes 30 seconds East 250.00 feet; thence South 0 degrees 53 minutes 55 seconds East 21407.30 feet to a point on the East and West 1/14 line; thence along the East and West 1/14 line, North 89 degrees 39 minutes Page 6713 40 seconds West 2385.51 .feet to a point; thence North 0 degrees 00 minutes 50 seconds West 2256.04 feet; thence South 58 degrees 52 minutes 20 seconds East 159.38 feet; thence North 72 degrees 53 minutes 30 seconds East 146.98 feet; thence South 88 degrees 17 minutes 30 seconds East 11302 feet; thence North 0 degrees 00 minutes 50 seconds West 271.00 feet to the point of beginning. Containing 132.469 gross acres and 130.665 net acres. Subject to the rights of the public in the existing Newgurgh Road right- of-way; which land, in accordance with the Master Park Plan for the City of Livonia to be adopted by the City Planning Commission, is to be held and used for permanent open-space land as a municipal golf course, park and recreational purposes; and WHEREAS, it is estimated that the total consideration to be paid for the acquisition of said interest will be $439,152.00; NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Livonia, Michigan, as follows: 1. That an application be made to the Housing and Home Finance Agency for a grant in an amount authorized by Title VII of the Housing Act of 1961, which amouht is presently estimated to be $131,745.00, and that the City of Livonia will pay the balance of the consideration for the acquisition of such interest and the total of all related costs from other funds available to it. 2. That the Mayor is hereby authorized and directed to execute and to file such application with the Housing and Home Finance Agency, to provide additional information and to furnish such documents as may be required by said Agency, to execute such contracts as are required by said Agency, and to act as the authorized correspondent of the City of Livonia. 3. That the proposed acquisition is in accordance with the Master Park Plan to be adopted by the City Planning Commission of the City of Livonia for the preservation of permanent open-space land, and that, should said grant be made, the City of Livonia will retain said land for the uses designated in said application and approved by the Housing and Home Finance Agency. further, all prior resolutions of the Council are hereby rescinded only to the extent that they are in conflict herewith. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Allen, Dooley and McCann. NAYS: Ventura. The Vice President declared the resolution adopted. Councilman Dooley introduced the following Ordinancez Page 6714 AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION • (Petition Z-630)• The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances, Volume No.8, in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #607-64 RESOLVED that, having considered the report dated May 8, 1961 , of Lybrand, Ross Bros. & Montgomery, Certified Public Accountants, relating to the accounting procedures and internal controls of the Water and Sewer Divisions of the City of Livonia, the Council does hereby refer the same to the Water and Sewer Division for its report and recommendation regard- ing the content and action indicated in said report. On motion of Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, this 158th regular meeting of the Council of the City of Livonia was adjourned to Wednesday, July 22, 1961 , at 7:30 p.m., the time of this adjournment being 10:22 P. M., July 15, 1961 . AP Addison W. Bacon, C ' -rk