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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-07-22 SPECIAL Page 61 .6 MINUTES OF THE EIGHTIETH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held on July 22, 1963, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:18 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- None. Elected and appointed officials present: Marie W. Clark, City Clerk; Paul Chandler, State Representative; Alan Walt, City Attorney; Charles J. Pinto, first Assistant City Attorney; David L. Jones, Assistant Director of Public Works; Thomas J. Griffiths, Jr., Chief Accountant; Gerald Berns, Assessing Officer; William J. Strasser, Chief City Engineer; John Hiltz, Consulting Engineer; Calvin Roberts, Fire Chief; and Daniel Andrew, Industrial Coordinator. By Councilman Daugherty, seconded by Councilman McCann, it was #552-63 RESOLVED that, the Council does hereby acknowledge receipt from the Department of Law, under date of July 22, 1963, of a proposed agree- ment by and between the City and Recreation Music and Dance Services, Inc., which agreement is in regard to the future conduct of group accordion and dance lessons in the City by the said R. M. D. S.; and having reviewed such proposed agreement and also the comments and observations of the Finance Committee and the Parks and Recreation Commission in connection therewith, the Council does hereby approve of the proposed agreement by and between the City and Recreation Music and Dance Services, Inc., (as forwarded by the Department of Law under date of July 22, 1963), and does hereby authorize the Mayor and City Clerk to affix their signatures to such agreement for and on behalf of the City of Livonia 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: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. The report dated July 16, 1963, from the Department of Law, regarding the acquisition of property at Joy and Harrison Roads, was received and placed on file for the information of the Council. Page 61147 By Councilman McNamara, seconded by Councilman Kleinert, it was #553-63 RESOLVED that, having considered the reports dated June 2)4, and July 16, 1963, respectively, from the Superintendent of Operations Division, the Council does hereby accept the bid of Mr. Herbert Harvey, 17254 Mt. Elliott, Detroit 12, Michigan, for the mowing of certain property within the rights of way in the City of Livonia for a total bid price of $2,390.00, such having been in fact the lowest bid received for performing such work in accordance with the specifications therefor; provided further, that the Superintendent of Operations is hereby requested to prepare and submit a report to the City Council containing sufficient information in order that the Council may determine whether the mowing of public rights of way should be done on a contract basis in the future or whether such work should be performed by City labor and with City equipment. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Parks, seconded by Councilman McNamara, it was #554-63 RESOLVED that, having considered the letter of agreement dated July 11, 1963, submitted by Kenower, MacArthur & Co., Ford Building, Detroit 26, Michigan, covering their services as financial counsel in connection with the proposed issuance of approximately $1,950,000.00 Wayne County Metropolitan Sewer and Sewage Disposal System Bonds (Livonia Section, Series II), for Plymouth Road and Schoolcraft areas and Parkview-Parkwood area, the Council does hereby approve of the same and authorizes the Mayor and City Clerk to execute such letter of agreement for and on behalf of the City and to do all other things necessary or incidental to the full perform- ance of this resolution and provided further, that all previous resolutions of this Council, including resolutions #916-62 and #409-63, are hereby rescinded to the extent that they are in conflict with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. The following preamble and resolution were offered by Councilman Kleinert and supported by Councilman McNamara: #555-63 WHEREAS, there exists an imperative need to acquire in the City of Livonia as a part of the Wayne County Metropolitan Sewerage and Sewage Disposal System, sewer improvements as hereinafter in the Contract more particularly set forth; and WHEREAS, preliminary plans and estimate of cost of said improve- ments have been prepared by John E. Hiltz & Associates, Inc., consulting engineers of Detroit, Michigan, which said preliminary plans and estimate of cost have been reviewed by the City Council; and Page 6148 WHEREAS, the City Council has determined that it is necessary for the public health to acquire said sewer improvements in accordance with said preliminary plans and estimate of cost; and WHEREAS, Sections 5(a), 5(b) and 5(c) of Act 3112, Public Acts of Michigan, 1939, as amended, authorizes the execution of contracts between municipal units and the proper county agency providing for the acquisition, construction and financing of sewer improvements; and WHEREAS, the County of Wayne, acting by and through its Board of Supervisors, and in accordance with Act 342, Public Acts of Michigan, 1939, as amended, by resolution adopted by majority vote of its Board of Super- visors on October 9, 1939,and by Ordinance No. 200 duly adopted on Septem- ber 29, 1952,authorized and directed that there be established a system of sewage disposal improvements and services to be known as the Wayne County Metropolitan .sewerage and Sewage Disposal System, and did designate the Board of County Road Commissioners of the County of Wayne, as the agency for the County, to acquire, operate, maintain and improve the System with all the powers and duties conferred upon such agency by statute; and WHEREAS, the City Council determines it to be in the best interest of the City to acquire said sewer improvements and to finance the cost thereof in accordance with the provisions of Sections 5(a), 5(b) and 5(c) of Act 3!i2, Public Acts of Michigan, 1939, as amended; and WHEREAS, a contract between the City of Livonia and the Board of County Road Commissioners of the County of Wayne, acting for and on behalf of the County of Wayne, providing for the acquisition, construction and financing of said sewer improvements, and such matters as are deemed necessary thereto, has been prepared; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council of the City of Livonia hereby determines it tobe necessary for the public health and safety to acquire the sewer ex- tensions and improvements set forth in the Contract herein included as a part of this resolution. 2. That the City Council deems it to be in the best interest of the City of Livonia to finance the cost of such improvements in ac- cordance with the provisions of Secticns 5(a), 5(b) and 5(c) of Act 3112, Public Acts of Michigan, 1939, as amended. 3. That the City Council hereby approves the preliminary plans and estimate of cost of said improvements prepared by John E. Hiltz and Associates, Inc., consulting engineers of Detroit, Michigan. 4. That the City Council does hereby approve the following Contract for the acquisition, construction and financing of said sewer improvements. CONTRACT THIS CONTRACT, made and entered into this day of A. D., 1963, by and between the BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF WAYNE, Michigan, a public body corporate, acting for and on behalf of the County of Page 6149 Wayne, Michigan, party of the first part, hereinafter referred to as the "BOARD," and the CITY OF LIVONIA, a municipal corporation in the County of Wayne, State of Michigan, hereinafter referred to as the "CITY," WITNESSETH: WHEREAS, the County of Wayne, Michigan, acting by and through its Board of Supervisors and in pursuance of the authority conferred upon it by Act 342, Public Acts of Michigan, 1939, as amended (hereinafter referred to as "Act 342"), did by resolution duly adopted by a majority vote of its members-elect on October 19, 1939, and by Ordinance No. 200 duly adopted on September 20, 1952, authorize and direct that there be established a system of sewage disposal improvements and services, to be known as the Wayne County Metropolitan Sewerage and Sewage Disposal System (herein- after referred to as the "County System"), and did designate the BOARD as the agency for the County to operate and maintain such System with all the powers and duties conferred upon such agency by statute; and WHEREAS, said Ordinance No. 200 specifically provides, in part, as follows, to wit: "Section 10. To provide for necessary improvements, additions and extensions to the System and the financing thereof, the Board is authorized to prepare plans, details and specifications therefor, to prepare and submit necessary ordinances, resolutions or other documents necessary to the issuance of any of the type of bonds or notes authorized by the provisions of Act 342, Public Acta of 1939, as amended, and to that end is authorized to make and execute contracts, agreements or other documents relating thereto as authorized by the provisions of said Act: Provided, However, that before any bonds or notes are issued or sold, the proceedings authorizing the issuance or sale shall be formally approved by resolution or ordinance of the Board of Supervisors of Wayne County in manner provided by said Act." and WHEREAS, pursuant to the authorization provided in said Act 342 and the above ordinance and resolutions, the County of Wayne, through the BOARD as its duly designated agency, and pursuant to the necessary contracts with the CITY has hereto- fore constructed certain improvements and additions to the County System located in the CITY, which improvements and additions were and are vitally necessary to preserve and protect the public health, and which said improvements and additions were financed by the issuance of bonds, designated Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia 6ection) in the aggregate principal amount of $700,000.00, which said bonds were secured and payable primarily by contract payments pledged by the CITY, and secondarily by the obligation of the ( ounty of Wayne to advance any deficiencies out of its general funds, all as authorized by the provisions of said Act 342; and WHEREAS, because of the tremendous growth and development of the area in the County of Wayne located in the CITY for industrialscommercial and residential purposes, an imperative need has existed and does now exist for further sanitary sewers in order to provide for the disposal of sewage from said developing area. That by reason of the lack of major interceptor sewers of sufficient capacity to transport sewage from such area after development and building up of such area, the Page 6150 State Department of Health had heretofore refused to issue permits for the con- struction of sewers in said area, and the growth and development of the area has heretofore been arrested and stopped by reason thereof; and WHEREAS, in order to provide the interceptor sewers necessary to service the area in Wayne County, including the CITY, known as the Rouge Valley District, so that sewage emanating from said area may be collected and transported for treat- ment to the sewage disposal facilities of the City of Detroit, the County of Wayne, by its Department of Public Works, is in the process of constructing said necessary facilities pursuant to the provisions of Act 185, Public Acts of Michigan, 1957, as amended, and contract therefor entered into with the municipalities served by said interceptor sewers, including the CITY, which said contract is dated as of August 10, 1961, by the terms of which said contract the CITY has purchased additional c.f.s. capacity sufficient to provide for its estimated ultimate population, and has agreed to pay its share of the principal and interest of bonds issued to pay the cost thereof, which share is specified in the contract at 25.777% thereof, the principal amount of bonds presently being $$16,815,000.00 maturing over a period of forty (40) years, from 1966 to 2001, inclusive; and WHEREAS, to utilize the capacity in the interceptors of the Rouge Valley District so purchased by the CITY, and to provide for and protect the public health, it is vitally necessary that additional sewers be immediately constructed so as to service the developing areas of the CITY,the State Department of Health having now removed the ban on construction of additional sewers in said area by reason of pro- vision being made for the financing and construction of the new interceptors in the Rouge Valley District; and WHEREAS, said additional sanitary sewers and improvements are described as follows, to wit: DESCRIPTION OF PROPOSED PLYMOUTH ROAD TRUNK SANITARY SEWER AND PROPOSED LATERALS CITY OF LIVONIA WAYNE COUNTY, MICHIGAN A sanitary sewer along Plymouth Road extending from the Wayne County Metropolitan Sewerage and Sewage Disposal System's sanitary interceptor on Inkster Road toa pcint approximately 2100 feet east of Merriman Road; thence north to a point approximately 340 feet north of the center line of Plymouth Road; thence westerly along a line approximately 310 feet north of and parallel to Plymouth Road to a point approximately 1200 feet east of the center line of Farmington Road; thence south to Plymouth Road; thence westerly along Plymouth Road to Stark Road. Also an arm from said sewer extending along the east side of Merriman Road a distance of approximately 2100 feet. Also a sanitary lateral connecting to said Merriman arm along the west side of Merriman Road approximately 1710 feet in length. Also approximately 1300 feet of sanitary lateral sewer along the south side of Plymouth Road between Farmington and Stark Roads. Page 6151 Also a sanitary lateral along Merriman Road from a point ap- proximately 400 feet north of Orangelawn to Plymouth Road. Also a sanitary lateral on panne Avenue from a point 120 feet north of Dalhay Avenue to Plymouth Road. Also a sanitary lateral on the south side of Plymouth Road from Merriman Road to Milburn Avenue. DESCRIPTION OF PROPOSED SCHOOLCRAFT TRUNK SANITARY SEWER AND PROPOSED LATERALS CITY OF LIVONIA WAYNE COUNTY, MICHIGAN A sanitary sewer along Schoolcraft Road extending from the terminus of the existing sanitary sewer at Farmington Road to the W. City limits (Eckles Road) of Livonia. Also a sanitary lateral on Farmington Road from Schoolcraft Road south to the C & 0 R. R. Also a sanitary lateral on Stark Road from Schoolcraft Road south to the C & 0 R. R., also from Schoolcraft Road north to Lyndon Ave. Also a sanitary lateral on Stamford Ave. from Schoolcraft Road north approximately 1320 feet. Also a sanitary lateral on Levan Road from Schoolcraft Road south to the C & 0 R. R., also from Schoolcraft Road north ap- proximately 1320 feet. Also a sanitary lateral on Newburgh Road from Schoolcraft Road south to the C & 0 R. R., also from Schoolcraft Road north to Lyndon Ave. Also a sanitary lateral onRichfield Ave. from Schoolcraft Road north to Newburgh Road. Also a sanitary lateral on Surrey Ave. from Schoolcraft Road south to Graytora Ave. Also a sanitary lateral on Graytona Ave. from Farmington Road west to Surrey Ave. DESCRIPTION CF PROPOSED SANITARY SEWERS FOR THE PARKVIEW AND PARK WOODS SUBDIVISIONS CITY OF LIVONIA WAYNE COUNTY, MICHIGAN A sanitary sewer extending along Six Mile Road from Inkster Road to Deering Avenue. Also along Deering Avenue from Six Mile Road to Curtis Avenue. Page 6152 Also along Lathers Drive from Deering Avenue to Curtis Avenue. Also along Floral Avenue from Lathers Drive to Curtis Avenue. Also along both sides of Six Mile Road from Stanmoor Drive to Harrison Road. Also along Carol Drive from Six Mile Road to Harrison Road. Also along Rougeway Drive from Inkster Road to Six Mile Road. Also along '"tanmoor Drive from Harrison Road to Six Mile Road. Also along Whitcomb Drive from Harrison Road to Stanmoor Drive. Also along Harrison Road from Six Mile Road to a point ap- proximately 300 feet south of Stanmoor Drive. Also along the easterly and northerly lines of Outlot "A" of Park Woods Subdivision extending from Inkster Road to Harrison Road. Also along the line between lots 71 and 72 of the Park Woods Subdivision from Stanmoor Drive to the rear line of lots 71 and 72. A blueprint plan showing in detail said sewer improvements is on file in the office of the BOARD; and WHEREAS, the BOARD has caused preliminary plans and estimate of cost of said proposed sewer improvements to be prepared by John E. Hiltz & Associates, Inc., of Detroit, Michigan (hereinafter in this Contract called "consulting engineers"), which said estimate of cost is in the sum of One Million Nine Hundred Fifty Thousand ($1,950,000.00) Dollars (which said estimate of cost is hereinafter referred to in this Contract as "ESTIMATED COST"); and WHEREAS, said sewer improvements constitute and are additions to the County System in the same category as previous sewers constructed and financed by the issuance of the bonds hereinbefore referred to, and it is the determination and judgment of the BOARD and the CITY that said new sanitary sewer improvements should be financed and constructed in the same manner and pursuant to the authorization pro- vided in Act 342 and Ordinance No. 200 hereinbefore referred to,all of said new sewer improvements being vitally necessary to preserve and protect the public health; and WHEREAS, .the execution of this Contract has been authorized by resolution of the City Council. of the CITY adopted on July 22, 1963,which said resolution a. been published in a newspaper of general circulation in the CITY, and more than thirty (30) days have elapsed since such publication and no petition for referendum concerning said resolution or this Contract has been filed with the City Clerk of said CITY; NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The BOARD and the CITY hereby approve and confirm the s ewer improve- ments to be acquired and constructed as set forth in the preamble to this Contract, Page 6153 and agree that the same shall be acquired and constructed in the manner provided by and pursuant to this Contract. The BOARD and the CITY further hereby approve and confirm the preliminary plans for said sewer improvements prepared by the consulting engineers and the ESTIMATED COST as set forth in the preamble hereto. The acquisition and construction of the sewer improvements herein approved are hereinafter in this Contract referred to as "PROJECT TO BE FINANCED." 2. The PROJECT TO BE FINANCED and the ESTIMATED COST thereof in the sum of One Million Nine Hundred Fifty Thousand ($1,950,000.00) Dollars, as set forth in the preamble to this Contract, includes all surveys, plans, specifications, ac- quisition of property for rights-of-way, including consequential and abuttal damages, if any, and interest on awards, physical construction necessary to acquire and construct the sewer improvements approved and confirmed in Section 1 of this Contract, the ac- quisition of all materials necessary to acquire and construct said sewer improvements and engineering supervision, administrative, legal and financing expenses necessary in connection with the acquisition and construction of said sewer improvements and the financing thereof. 3. The BOARD will acquire and construct the sewer improvements approved and confirmed in Section 1 of this Contract and for that purpose will take bids for the acquisition and construction of improvements prior to the time that any bonds are issued for the purpose of financing the cost of said improvements. The BOARD shall in no event enter into any final contract or contracts for the construction and ac- quisition of said improvements where such contract price or prices will be such as to cause the actual total cost of the PROJECT TO BE FINANCED to exceed the ESTIMATED COST, as set forth in the preamble to this Contract, unless the CITY, by resolution of its City Council, approves said increased total cost and agrees to pay the excess over the ESTIMATED COST, either in cash, or by specifically authorizing the maximim principal amount of bonds to be issued as provided in Sections 5 and 6 of this Contract, to be increased to an amount which will provide sufficient funds to meet said increased total cost. The sewer improvements shall be acquired and constructed by the BOARD inaccordance with the plans and specifications therefor based on preliminary plans approved by this Contracts PROVIDED, HOWEVER, that minor variations from said plans and specifications may be made without the approval of the CITY if such variations shall not materially affect said plans and specifications. All matters relating to engineering plans and specifications, together with the making and letting of final construction contracts, for the sewer improvements specified in Section 1 of this Contract shall be in the exclusive control of the BOARD. All acquisition of rights-of-way, inspection and the approval of work and materials thereunder and all construction supervision shall be done by the CITY, who shall cause certificates for required payments to contractors to be executed in the manner and at the times required by the construction contracts which such certificates shall be presented to the BOARD by the CITY and the BOARD shall ma4e the payments required to be made. The BOARD shall be entitled to make any payment required to be made pursuant to any certificate filed with it by the CITY on the basis of the certificate alone and shall not be required to make any determination or investigation as to whether the work has actually been done or the materials supplied. h. Upon completion of the sewer improvements specified in the preamble and approved in Section 1 of this Contract,the CITY shall operate and maintain said improvements at its sole expense. The sanitary sewage collected by said sewers will be transported through the interceptors of the Rouge Valley Sewage Disposal System, as set forth and provided in the Contract with the County of Wayne, through its Depart- ment of Public Works, referred to in the preamble hereto, and disposed of and treated through the treatment facilities of the City of Detroit as provided in said Contract. Page 6154 Under the provisions of said Contract the CITY is obligated to pay the sewage disposal rate established for said service from time to time by the Board of Public Works of the County. By reason thereof no charge for such service shall be established by the BOARD, and the sole obligation of the CITY in such respect is to pay the sewage dis- posal rate as established from time to time by the Board of Public Works or its successor in accordance with the provisions of said Contract. 5. To carry out and accomplish the PROJECT TO BE FINANCED, in accordance with the provisions of Act 3420 Public Acts of Michigan, 1939, as amended, the BOARD shall take the following steps. (a)The BOARD shall immediately take all steps necessary to take bids for and enter into and execute final construction contracts for the acquisition and construction of the sewer improvements specified in the preamble and approved in Section 1 of this Contract in accordance with the plans and specifications therefor based on the preliminary plans as approved by this Contract. Said final construction contracts shall specify a complete date of the sewer improvements. (b) The BOARD will require and procure from the contractor or contractors undertaking the actual construction and acquisition of the sewer improvements, necessary and proper bonds to guarantee the performance of the construction contract or contracts, and such labor and material bonds as may be required by law, in such amount and such forms as may be approved by the BOARD. (c) The BOARD will submit to the Board of Supervisors of the County of Wayne, an ordinance or resolution, providing for the issuance of bonds in the aggregate principal amount of not exceed- ing $1,950,000.00 (except as authorized pursuant to Section 3 of this Contract), said bonds to mature serially as authorized by law over a period of years, not exceeding forty (40), as may be agreed upon by the CITY, which bonds will be secured primarily by the payments required to be made by the CITY pursuant to this Contract, and secondarily, if approved by a majority of the members- elect of the Board of Supervisors, by the full faith and credit of the County of Wayne. After due adoption of the bond ordinance or resolution, the BOARD will take all necessary legal procedures and steps necessnry to effectuate the sale and delivery of said bonds. (d) The BOARD, upon receipt of the proceeds of sale of the bonds, will comply with all provisions and requirements provided for in the ordinance or resolution authorizing the issuance of the bonds and this Contract relative to the disposition and use of the proceeds of sale of the bonds. 6. It is the intent and agreement of the parties to this Contract that the cost of the PROJECT TO BE FINANCED will be paid by the CITY. Said cost will be provided by the issuance and sale of the bonds referred to in Section 5(c) of this Contract, in the principal amount of not exceeding $1,950,000.00 (unless said principal amount is increased pursuant to the provisions of Section 3 of this Contract). Immediately upon the issuance of the bonds by the County of Wayne to finance the cost of the PROJECT TO BE FINANCED, the BOARD shall notify the CITY, by written communication addressed to its City Treasurer, of the schedule of pay- Page 6155 meants of principal of and interest thereon. The CITY hereby covenants and agrees that not less than thirty (30) days prior to the due date of any principal or interest pay- ments thereon, it will remit to the BOARD sufficient funds to meet said payments in full. From time to time as the BOARD is billed by the paying agent or agents for the bonds to be issued for their services as paying agent, or registering bonds, and as other costs and expenses accrue to the BOARD from handling of the payments made by the CITY, the BOARD shall notify the CITY of the amount of such paying agency fees and other costs and expenses, and the CITY shall, within thirty (30) days from such notifica- tion, remit to the BOARD sufficient funds to meet such paying agency fees and other costs and expenses, 7. The CITY, pursuant to the authorization of Section 5(a) of Act 342, Public Acts of Michigan, 1939, as amended, irrevocably pledges its full faith and credit for the prompt and timely payment of its obligations expressed in this Contract, and shall each year, commencing with the year 1964, levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under this Contract becoming due before the time of the follow- ing year's tax collections: PROVIDED, HOWEVi'R, that if at the time of making such annual tax levy there shall be other funds on hand earmarked and set aside for the payment of said contractual obligations falling due prior to the next tax collection period, then the annual tax levy may be reduced by such amount. 8. The CITY may pay in advance any of the payments required to be made by this Contract, in which event the BOARD shall credit the CITY with such advance payment on future due payments to the extent of such advance payment, 9. The CITY may pay additional moneys over and above any of the payments specified in this Contract with the written request that said additional funds be used to call bonds for rednption prior to maturity, in which event the BOARD shall be obligated to apply and use said moneys for such purpose. Such moneys shall not then be credited as advance payments under the provisions of Section 8 of this Contract. 10. In the event the CITY shall fail for any reason to pay to the BOARD at the times specified, the amounts required to be paid by the provisions of this Contract, the BOARD shall immediately notify, in writing, both the County Treasurer of the County of Wayne and the City Treasurer of such default and the amount thereof, and if such default is not corrected within ten (1J) days after such notification, the County Treasurer or other official charged with disbursement to the CITY of funds derived from the State sales tax levy under the provisions of Act 167, Public Acts of Michigan, 1933, as amended, and returnable to the CITY pursuant to Section 23, Article X, of the Michigan Constitution (1908), or pursuant to the provisions of the new Constitution adopted by the electors of the State on April 1, 1963, and effective as of January 1, 1961 , is by these presents specifically authorized by the CITY to withhold funds to the maximum amount necessary to cure said deficit, derived from such sales tax levy and returnable to the CITY, and to pay said sums so withheld to the BOARD to apply on the obligation of the CITY as herein set forth. Any such moneys so withheld and paid shall be considered to have been returned to the CITY within the meaning of the Michigan Constitution (present and new as hereinbefore referred to), the purpose of this provision being solely to voluntarily authorize the use of said funds owing to the CITY to meet past due obligations of the CITY due under the provisions of this Contract. In addition to the foregoing, the BOARD shall have all other rights and remedies provided by law to enforce the obligations of the CITY to make its payments in the manner and at the times required by this Contract. Pae 6156 11. It is specifically recognized by the CITY that the payments required to be made by it pursuant to the terms of Section 6 of this Contract are to be pledged for and used to pay the principal of and interest on bonds to be issued by the County to pay part of the cost of the PROJECT TO BE FINANCED, and the CITY covenants and agrees that it will make its required payments to the BOARD promptly and at the times herein specified, without regard to whether the project is actually completed or placed in operation. 12. If the proceeds of the sale of the bonds to be issued by the County are for any reason, sufficient to complete the PROJECT TO BE FINANCED in accordance with the plans and specifications therefor, the BOARD shall, if necessary, submit to the Board of Supervisors of Wayne County an ordinance or resolution providing for the issuance of additional bonds in such amount as will provide sufficient funds to pay the cost of completing the PROJECT TO BE FINANCED, in which event the duties and ob- ligations of the BOARD and the CITY, as expressed and set forth in Section 6 of this Contract shall be applicable to such additional issue of bonds as well as the original issue. In lieu of the issuance of such additional bonds, any other method may be agreed upon by the BOARD and the CITY to provide the necessary funds to complete the PROJECT TO BE FINANCED. 13. After comcletion of the PROJECT TO BE FINANCED and payment of all costs thereof, any surplus remaining from the proceeds of sale of bonds shall be used by the BOARD for either of the following purposes at the option of, and upon request made by resolution of the City Council, to wit: (a) for additional sewer and sewage disposal facilities in the CITY subject to approval of the BOARD, or (b) credited by the BOARD towards the next payments due the BOARD by the CITY hereunder. 14. All contracts for connection to the sewer improvements, whether such connections are made during construction or after the sewer improvements are placed in operation, shall be made by the CITY. The actual costs of such connections shall be paid by the CITY except to the extent that the costs of such connections are included in the cost of the PROJECT TO BE FINANCED. 15. The obligations and undertakings of each of the parties to this Contract shall be conditioned on the successful issuance and sale of bonds pursuant to Act 342, PublicActs of Michigan, 1939, as amended, and, if for any reason whatsoever said bonds are not issued and sold within two years from the date of this Contract, this Contract, except for payment of preliminary expenses and ownership of engineering data, shall be considered void and of no force and effect. In the event that said bonds are not issued and sold, all preliminary legal and engineering costs shall be paid by the CITY, and the CITY shall have ownership, possession and use of all plans and specifications, surveys and other engineering data and materials prepared. 16. The sewer improvements acquired and constructed in accordance with the provisions of this Contract shall be a part of the C ounty System. The CITY shall at all times maintain the sewer improvements to be acquired and constructed hereunder. If at any time during the term of this Contract the CITY refuses or neglects to properly repair or maintain any of the facilities required to be maintained by it hereunder, the BOARD shall in writing order the CITY to perform all necessary items of repair and maintenance and, in case of noncompliance with such order within thirty (30) days, the BOARD may proceed with such work and the CITY agrees to reimburse the BOARD for any expenses incurred thereby. 17. The BOARD and the CITY each recognize that the holders from time to time of the bonds issued by the County under the provisions of Section 5(c) of Act Page 6157 31i2, Public Acts of Michigan, 1939, as amended, to finance part of the cost of the PROJECT TO BE FINANCED, will have contractual rights in this Contract and it is therefore covenanted and agreed by each of them that so long as any of said bonds shall remain outstanding and unpaid, the provisions of this Contract shall not be subject to any alteration or revision which would in any manner materially affect either the security of the bonds or the prompt payment of principal or interest thereon. The CITY and the BOARD further covenant and agree that they will each comply with their respective duties and obligaticns under the terms of this Contract promptly at the times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the said bonds, the security therefor, or the prompt payment of principal and interest thereon. It is hereby declared that the terms of this Contract, insofar as they pertain to the security of any such bonds, shall be deemed to be for the benefit of the holders of said bonds. 18. This Contract shall remain in full force and effect for a period of forty (40) years from the data hereof, or until such lesser time as the bonds issued by the County are paid in full. At such time within said forty-year term as all of said bonds are paid, this Contract may be altered or changed by consent of the parties hereto or may be terminated by such consent. In any event, the obligation of the CITY to make the payments required by Section 6 of this Contract shall be terminated at such time as all of said bonds are paid in full. 19, The previous contract between the BOARD and the CITY, dated as of January 3, 1963, and providing for the financing and construction of a portion of the overall project described in this Contract at an estimated cost of Eight Hundred Thousand (4800,000.00) Dollars is hereby cancelled, rescinded and held for naught, this Contract superseding said cancelled contract by inclusion of said portion of the project described in said cancelled contract as a part of the project described in the present Contract. 20. This Contract shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed this day of 1,63. BOARD OF COUNTY ROAD COMMISSIONERS (F THE COUNTY OF WAYNE, In the Presence of: Michignn By Chairman By Vice %airman By Commissioner CITY OF LIVONIA By Mayor By City Clerk Page 6158 5. That the execution of this Contract hereinbefore set forth in full will then cancel and supersede the previous contract between the parties, dated as of January 3, 1963, which contract provided for the financing and construction of a portion of the project described in the present Contract above set forth. 6. That a copy of this resolution shall be published in the Livonian Observer, of Livonia, Michigan, within ten (10) days from the adoption of this resolutioh. 7. That the Mayor and the City Clerk of the City of Livonia are authorized to execute the Contract approved by this resolution upon the expiration of thirty (30) days from the date of publication of this resolution; unless, under the provisions of Section 5(b) of Act 342, Public Acts of Michigan, 1939, as amended, said execution is stayed by reason of the necessity of prior approval of said contract by the qualified electors of the City. 8. 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: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #556-63 RESOLVED that, having considered the communication dated July 3, 1963, from the Department of Law (submitted pursuant to resolution #266-63), which communication forwards to the Council a proposed Street Ordinance, the Council does hereby refer such communication and such proposed Ordinance to the Legislative Committee for its report and recommendation. By Councilman Daugherty, seconi ed by Councilman McCann, it was #557-63 RESOLVED that, having considered the report and recommendation dated July 11, 1963, from the Superintendent of Operations Divisirn, ap- proved by the Director of Public Works, the Council does hereby accept the bid of the Plymouth Oil Company, 13777 Plymouth Road, Detroit 27, Michigan, for supplying the City of Livonia with No. 1 Heating Oil for City buildings (as designated in the proposal) at a price of $.1285 per gallon, and the bid of Standard Oil, Division of American Oil Company, P. O. Box 2858, Detroit 31, Michigan, for supplying the City of Livonia with No. 2 heating oil (as designated in the proposal) at a price of $.1165 per gallon and for supplying the City with No. 2 heating oil for City vehicles at S.1165 per gallon; such having been in fact the lowest bids received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. Page 6159 By Councilman Parks, seconded by Councilman McCann, it was #558-63 RESOLVED that, having considered the report and recommendation dated July 12, 1963, from the Superintendent of Operations Division, ap- proved by the Director of Public Works, in regard to bids received for various Bituminous Materials, the Council does hereby accept the follow- ing respective bids for such materials: 1) The bid of the Cadillac Asphalt Paving Company, 12490 Evergreen, Detroit 28, Michigan, for supplying CP (1-3) at a price of $7.00 per ton, such having been in fact the lowest bid received for this item; provided, however, that for the purpose of facilitating the purchase of such materials when the same are not available from the low bidder and for such purposes only, the Council does hereby also accept the bid of the A & A Asphalt Paving Company, 1045 Haynes Avenue, Birmingham, Michigan, for supplying such materials to the City at a price of $7.05 per ton, such having been in fact the next lowest bidder. 2) The bid of the Allied Chemical Corporation, Barrett Division, Box 145, Romulus, Michigan, for supplying Blacrete to the City of Livonia at a price of $9.18 per ton delivered and $8.50 per ton picked up at supplier's pl-nt, such having been in fact the lowest bid received for this item. 3) The bid of Allied Materials Corp., 5200 East Nevada, Detroit 34, Michigan, for supplying AE (1-3) to the City of Livonia at a price of $.1305 per gallon delivered, and $.14 per gallon picked up at supplier's plant, such having been in fact the lowest bid received for this item. 4.) The bids of Leonard Refineries, Inc., 414.5 Penobscot Building, Detroit 26, Michigan (plant at Alma Michigan), and Great Lakes Asphalt & Petroleum Company, 12460 Stocker, Detroit 17, Michigan, for supplying MC (0-4.) to the City of Livonia, at a price of $.1305 per gallon, purchases to be made from either of the aforesaid bidders on the basis of best service and availability of such materials, such having been in fact the lowest bids received f or this item; provided, however, that for the purpose of facilitating the purchase of MC-0 only when the same is not available from the low bidders and for such purposes only, the Council does hereby also accept the bid of Bill's Road Oiling Service, 18220 Cherrylawn, Detroit 21, Michigan, at $.135 per gallon for supplying such material to the City, such having been in fact the next lowest bidder. 5) The bid of Leonard Refineries, Alma, Michigan, for supplying RC (1-4) to the City of Livonia at a price of 5.1305 per gallon, such having been in fact the lowest bid received for this item. 6) The bid of Allied Chemical, Barrett Division, Box 145, Romulus, Michigan, for supplying AC85-100 31A Slag Aggregate to the City of Livonia at a price of $6.37 per ton, picked up at supplier's plant, such having been in fact the lor:est bid received for this item. 7) The bid of Allied Chemical,Barrett, Division, Box 145, Romulus, Michigan, for supplying AC85-100 31A Natural Aggregate to the City Page 6160 of Livonia at a price of $5.49 per ton, picked up at supplier's plant, such having been in fact the lowest bidder for this item; provided, however, that for the purpose of facilitating the purchase of such materials when the same are not available from the low bidder and for such purposes only, the Council does hereby also accept the bid of A & A Asphalt Paving Company, 1045 Haynes Avenue, Birmingham, Michigan, for supplying such material to the City at a price of $7.05 per ton, such having been in fact the next lowest bidder. 8) The bid of Allied Chemical, Barrett Division, Box 145, Romulus, Michigan, for sups lying AC85-100 25A Slag Aggregate to the City of Livonia at a price of $6.37 per ton, picked up at supplier's plant, such having been in fact the lowest bid received for this item. 9) The bid of Allied Chemical, Barrett Division, Box 1145,Romulus, Michigan, for supplying AC85-100 25A Natural Aggregate to the City of Livonia at a price of $5.49 per ton, picked up at supplier's plant, such having been in fact the lowest bid received for this item; pro- vided, however, that for the purpose of facilitating the purchase of such material when the same is not available from the low bidder and for such purpose only, the Council does hereby also accept the bid of A & A Asphalt Paving Company, 1045 Haynes Avenue, Birmingham, Michigan, for supplying such material to the City at a price of $7.05 per ton, such having been in fact the next lowest bidder. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann,Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman McNamara, it was #559-63 RESOLVED that,having considered the report and recommendation dated July 10, 1963, from the Superintendent of Operations Division, ap- proved by the Director of Public Works, the Council does hereby accept the bid of Harris Concrete & Supply Company, 9400 Pelham Road, Taylor, Michigan, for supplying the following to the City of Livonia: 4 bag mix at $11.65 per yard; 5 bag mix at $12.50 per yard; and 6 bag mix at $13.35 per yard; such having been in fact the lowest bid. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Parks, it was #560-63 RESOLVED that, having considered the report and recommendation dated July 11, 1963, from the Superintendent of Operations Division, ap- proved by the Director of Public Works, in regard to bids received for various Aggregates, the Council does hereby accept the following respective bids for such materials: Page 6161 1) The bid of Telischak Sand and Gravel Co., Inc.,12300 Farmington Road, Livonia, for the following materials to the City of Livonia; 348 Stone delivered to yard at $2.38 per ton 31A Stone delivered to yard at $2.73 per ton 31B Gravel delivered to yard at $2.73 per ton; and 348 Stone spread on roads at $2.43 per ton; such having been in fact the lowest bid received for these items; provided, however, that for the purpose of facilitating the purchase of such materials when the same are not available from the low bidder and for such purposes only, the Council does hereby also accept the bid of Hayes Washed Sand & Gravel, Inc., 15205 Middlebelt, Livonia, Michigan, for supplying the aforesaid materials at $2.50 per ton, $2.74 pe- ton, $$2.74 per ton and $$2.55 per ton respective],y, such having been in fact the next lowest bid received for these items. 2) The bid of Hayes Washed Sand & Gravel,Inc., 15205 Middlebelt, Livonia, Michigan, for the following materials to the City of Livonia: 3/4" Stone delivered to yard at $2.52 per ton 1-1/4" Stone delivered to yard at 32.40 per ton Natural Sand delivered to yard at $1.12 per ton Masonry Sand delivered to yard at $$1.50 per ton 3/4" Stone spread on roads at $2.56 per ton 1-1/4" Stone spread on roads at $$2.45 per ton 4A Stone spread on roads at $2.45 per ton; and 60/40 Gravel delivered to yard at $1.52 per ton; such having been in fact the lowest bid received for these items; provided, however, that for the purpose of facilitating the purchase of certain of these materials when the same are not available from the low bidder and for such purposes only, the Council does hereby also accept the bid of Telischak Sand and Gravel Co., Inc., 12300 Farmington Road, Livonia, Michigan, for supplying the following materials to the City of Livonia: 1-1/4 stone delivered to yard at $2.48 per ton Natural Sand delivered to yard at $1.15 per ton Masonry Sand deliver;d to yard at $1.80 per ton 4A Stone spread on roads at $2.53 per ton; and 60/40 Gravel delivered to yard at $1.65 per ton; and the bid of AmericanAggregates, Corp., 12500 Greenfield, Detroit 27, Michigan, for supplying to the City of Livonia 1-1/4" stone spread on roads at 4-3.26 per ton, such having been in fact the next lowest bids received for these items. 3) The bid of American Aggregates Corp., 12500 Greenfield, Detroit 27, Michigan, for 31A Stone pick up at Pig at $2.35 per ton, such having been in fact the lowest bid received for this item. 4) The bid of Edward C. Levy Co., 8800 Dix Avenue, Detroit 9, Michigan, for the following items to be supplied to the City of Livonia: 25A Slag delivered to yard at 33.72 per ton and spread on roads at $3.72, per ton 3113 Slag delivered to yard at $3.72 per ton 9A Slag delivered to yard at $3.05 per ton and spread on roads at $3.05 per ton 4A Slag delivered to yard at $3.05 per ton and spread on roads at $3.05 per ton 21A Slag delivered to yard at $3.05 per ton and spread on roads at $3.05 per ton Page 6162 such having been in fact the lowest bid received for these items. 5) The bid of Halloway Sand and Gravel, Inc., 10930 West Six Mile Road, Northville, Michigan, for the following items tobe supplied to the City of Livonia: 22A Gravel delivered to yard at $1,02 per ton and spread on roads at $1.02 per ton 21A Gravel delivered to yard at $1.02 per ton and spread on roads at $1.02 per ton 22A Gravel and 21A Gravel picked up at Pit at $.5o per ton, such having been in fact the lowest bid received for these items; provided, however, that for the purpose of facilitating the purchase of these materials when the same are not available from the low bidder and for such purposes only, the Council does hereby also accept the bid of Telischak Sand and Gravel Co., Inc., 12300 Farmington Road, Livonia, Michigan, to supply 22A Gravel delivered to the yard at $1.05 per ton; 21A Gravel delivered to the yard at $1.10 and spread on roads at $1.20 per ton; and the bid of Hayes Washed Sand and Gravel, Inc., 15205 Middlebelt Roads Livonia, Michigal , to supply 22A gravel spread on roads at $1.09 per ton; 22A Gravel picked up at pit at $.65 per ton and 21A gravel picked up at pit at $.70 per ton; such having been in fact the next lowest bids received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman McNamara, it was 661-63 RESOLVED that, having considered the report and recommendation dated July 2, 1963, from the Director of Public "orks regarding damage to the rear stairs of the Police Headquarters Building, and for the pur- pose of repairing such damage, the Council does hereby transfer the sum of $189.00 from Account No. 184-1 (6alary Account of the Police Depart- ment - Patrolman Bureau) to Account No. 245-37 (Building Repair and Maintenance); and the Director of Public Works is 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: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #562-63 RESOLVED that, having considered the letter dated July 9, 1963, from Siegel Realty Company,which offers for sale to the City of Livonia a parcel of property in the Southwest 1/4 of Section 28 for park purposes, Page 6163 the Council does hereby refer the same to the Parks and Recreation Com- mission for its report and recommendation. By Councilman Daugherty, seconded by Councilman Parks, it was #563-63 RESOLVED that,having considered the report and recommendation dated June 27, 1963, from the Chief City Engineer, approved by the Director of Public works, and the Council being informed that the required Con- tractor's Affidavit, Contractor's Declaration, and Waivers of Lien have been filed with the City Clerk's office, together with a one-year mainten- ance and guaranty bond; and the aforesaid report indicating that all air- conditioning units are working properly, the Council does hereby approve of and authorize payment in the amount of $293.00 to 'ojerthman Brothers, 6811 East Jefferson Avenue, Detroit 7, Michigan, which sum represents the final payment and balance due and owing on a contract between that company and the City of Livonia, dated December 20, 1962, for the installation of air- conditioning equipment in the municipal court building. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. The report of the Municipal Court for the month of June, 1963, was received and placed on file. By Councilman Dooley, seconded by Councilman McNamara, it was #564-63 RESOLVED that, having considered the report and recommendati cn dated July 17, 1963, from the Budget Director, the Council does hereby accept the low bid received from the Livonia Building Materials Company, 12770 Farmington Road, Livonia, Michigan, for the construction of a judge's bench and railings in the municipal court for a total price of $1,760.00, and for that purpose the Council also transfers the sum of $1,027..00 from the Unallocated Fund to the Capital Outlay Account of the Municipal Court Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McNamara, it was #565-63 RESOLVED that, having considered the report and recommendation dated July 16, 1963, from the Fire Chief, approved by the Director of Public Safety, the Council does herebyaccept the bid of American La France of Elmira, New York, for supplying the City with one 1000 gallon fire truck pumper at a total cost of $26,118.00, such having been in fact the lowest bid received for this equipment, and for this purpose, the aforesaid sum is authorized for expenditure from surplus funds remaining from proceeds of the 1958 Fire Station Bond issue. Page 6164 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #566-63 RESOLVED that, having considered the recommendation dated July 17, 1963, from the Civil Service Commission, the Council does hereby approve of and concur with establishing a new classification of Assistant City Engineer (SG 161) which establishes a rate of pay for such classification extending from $9,505.60 to $11,169.60 over a four-year period. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. The President of the Council congratulated Fire Chief Calvin Roberts on his election as president of the Michigan State Fire Chiefs Association. By Councilman Dooley, seconded by Councilman McNamara, it was #567-63 RESOLVED that, having considered the letter of request dated July 17, 1963,from the Civil Service Commission, and for the reasons stated in such letter, the Council does hereby transfer the sum of $382.00 from the Unallocated Fund to Account No. 159-1 of the Civil Service Com- mission Budget, for the purpose of permitting the Civil Service Commission to employ a Temporary Clerk Typist I for a period of eight weeks, extend- ing from July 29, 1963, through September 20, 1963. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Dooley, seconded by Couhcilman McCann and unanimously adopted, it was #568-63 RESOLVED that, having considered the request dated July 16, 1963, from the Acres Development Company, 15377 Farmington Road, Livonia, Michi- gan, the Council does hereby request that the City Planning Commission initiate on its own motion a petition to change the zoning classification of the South 165.0 feet of lots 2, 3 and L1. of Supervisor's Livonia Plat No. 1 from C-1 to C-2; provided, however,that the Council respectfully requests that the City Planning Commission act on this matter and submit its recommendation to the Council in connection therewith as soon as it is reasonably possible. Page 6165 By Councilman McCann, seconded by Councilman Parks, it was #S69-63 RESOLVED that, having considered the report and recommendation dated July 10, 1963, from the Chief City Engineer (submitted pursuant to resolution #276-62), approved by the Director of Public Works, the Council does hereby transfer the sum of $1,000.00 from the Unallocated Fund to the Operations Division Budget Account No. 24.1 for the purpose of accomplishing the drainage work outlined in the aforesaid report of the Chief City Engineer, which work shall be accomplished by City labor; and the City Engineer is hereby requested to contact the office of the Wayne County Drain Commissioner to determine whether or not this sum can practically and properly be returned to the City of Livonia at such time as the City of Livonia and Wayne County contract for the improvement of Merriman Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman McCann, secondedbby Councilman McNamara, it was #570-63 RESOLVED that, having considered the report and recommendation dated July 16, 1963, from the Chief City Engineer, approved by the Director of Public works, the Council does hereby amend Item 3 of resolution #320-62, adopted Affil 23, 1962 (as previously amended by resolution #940-62), so as to further reduce the bond for improvements remaining in the Idyl Hills Estates Subdivision to $40,000.00, of which at least $9,000.00 shall be in cash, to cover the cost of remaining improvements in the aforesaid sub- division, 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: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman McNamara, seuonded by Councilman Kleinert and unanimously adopted, it was #571-63 RESOLVED that, having considered the request dated June 17, 1963, from the Michigan Liquor Control Commission, and the report and recommenda- tion dated July 15, 1963, from the Director of Public Safety in connection therewith, the Council does hereby approve of a request from Roderick P. McKay for transfer of ownership of 1962-63 SDN licensed business located at 29421 West Six Mile Road, Livonia, from Robin Hood Super Markets, Inc., and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman McCann, seconded by Councilman Parks and unanimously adopted, it was Page 6166 #572-63 RESOLVED that, having considered the letter dated June 11, 1963, from the Michigan Liquor Control Commission, and the report and recommenda- L tion dated July 16, 1963, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Roman Fracala to transfer ownership of 1963 Class C license from Lawrence Cohan and Carl Goldstein, located at 28001 West Seven Mile Road, Livonia, Michi- gan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was #573-63 RESOLVED that, the Council does hereby acknowledge receipt of a communication dated July 12, 1963,E from the Michigan Liquor Control Com- mission, reporting receipt of an application from Stanley F. Skolarus, 35623 Minton, Livonia, Michigan, for a new full year Class C license to be located on Plymouth Road (Newburgh and Eckles Roads), Livonia, Michigan, and such communication is hereby referred to the Committee of the Whole for its consideration. By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was #5Th-63 RESOLVED that, the Council does hereby acknowledge receipt of a communication dated July 9, 1963, from the Michigan Liquor Control Com- mission with respect to the existing application of James Kontos and Robert Bruce for a new full year Class C license to be located at 32101 Plymouth Road, Livonia, which communication reports the request to amend such application so as to delete therefrom the name of Robert Bruce and to substitute the name of Gertrude Burgess, the balance of the application to remain the same in all respects; and the City Clerk is hereby requested to enter this change on the subject application with reference to the date of the aforesaid letter from the Michigan Liquor Control Commission. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #575-63 RESOLVED that, having considered the recommendation dated July 17, 1963,fram the Civil Service Commission regarding the establishment of a new classification of Administrative secretary, and the communication dated July 17, 1953, from the City Clerk in connection therewith, the Council does hereby refer such recommendation and communication to the Finance Committee for its consideration and report. By Councilman McCann, seconded by Councilman McNamara, it was #576-63 RESOLVED that, having considered the request dated July 17, 1963, from the Centri-Spray Corporation, 39001 Schoolcraft Road, Livonia, Michi- gan, requesting the construction of a crossover in the vicinity of the plant on Schoolcraft Road, and also having considered the report and Page 6167 recommendation dated July 19, 1963,from the Chief City Engineer (and the map attached thereto), in connection therewith, the Council does hereby authorize the construction by the Operations Division of a road cross-over opposite the Centri-Spray plant at the location shown on the aforesaid map and to the extent recommended in the Engineer's report; and for this pur- pose the sum of $1,400.00 is hereby authorized for the purchase of materials and equipment rental necessary in connection with such work; and such sum is hereby transferred from the Unallocated Fund to Account No.236-:th - $150.00 and Account No.236-49 - $1,250.00 of the Operations Division Budget. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: None. By Councilman Dooley, seconded by Councilman Parks and unanimously adopted, it was #577-63 RESOLVED that, having considered the request dated July 17, 1963, from the Centri-Spray Corporation, requesting constructions of cross-over in the vicinity of Levan and Schoolcraft Roads, and also having considered the report and recommendation dated July 19, 1963,from the Chief City Rngineer, and in view of resolution #576-63, the Council does hereby request the Depart- ment of Public Works to advise this Council at its next regular meeting on Wednesday, July 24, 1963, whether or not the Department of Public Works has sufficient personnel to construct the cross-over within the next two months. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #578-63 RESOLVED that, the Director of Public Works is hereby requested to contact and meet with representatives of the Little Football League of Livonia for the purposes of determining what would be required to bring baseball diamonds assigned to the Little Football League up to safe play- ing standards; provided further, that the Director of Public Works is directed to thereafter submit to the Council an estimated cost of all work necessary to accomplish such an improvement to existing ball diamonds. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #579-63 RESOLVED that, the City Council does hereby request a report from the Mayor of the City of Livonia on the present status of any and all applications for funds under the Federal Public Works Acceleration Program, and that this Council be advised of anything that, in the opinion of the Mayor, the Council can do to facilitate the applications pending. On motion of Councilman McNamara, seconded by Councilman McCann and unanimously adopted this 80th special meeting of the Council of the City of Livonia was duly adjourned at 9:27 P. M., July 22, 1963. l A `� Iar�e L( Clark, City Clerk