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HomeMy WebLinkAboutCOUNCIL MINUTES 1964-06-03 Page 6623 MINUTES OF THE FOUR HUNDRED FIFTY-TBIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 3, 1964, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:17 P. M. Councilman McCann delivered the invocation. Roll was called with the following result: Present-- Rudolf R. Kleinert, Peter A. Ventura, John T. Daugherty, Daniel C. Allen, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry Smit, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Richard Sanderson, Chief Inspector; Victor C. Phillips, Budget Director; Thomas Heap, Zoning Board of Appeals; Thomas J. Griffiths, Jr., Chief Accountant; Robert A. Shaw, Director of Public Works; W. A.Cooper, Civil Defense Director; John Dufour, Superin- tendent, Parks and Recreation; Neal Hall, Traffic Commission; John Hiltz, Consulting Engineer; James Miller, Personnel Director; James A. Cameron, Planning Cat:mission; Captain Michael Vorgitch, Police Department; David L. Jones, Water and Sewer Commissioner; Daniel R.Andrew, Industrial Coordinator; Mrs. Peggy Miquelon, Library Commission; and Joel LaBo, Director of Public Safety. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #1460-64 RESOLVED that, the minutes of the 152nd regular meeting of the Council of the City of Livonia held May 27, 1964, are hereby approved. The letter dated April 29, 1961 , from the Chief City Engineer, approved by the Director of Public Iorks, and submitted pursuant to resolution #280-614, regarding sidewalk improvements in Belle Mar Subdivision, was received and filed for the in- formation of the Council. By Councilman Ventura, seconded by Councilman Allen, it was RESOLVED that, having considered the report and recommendation dated March 25, 1964, from the City Planning Commission in regard to Page 6624 Petition No. Z-629, submitted by William N. Ponder, attorney, in behalf of Gordon-Begin Company, for chant; of zoning in the Southwest 1/4 of Section 24 from R-14 to P, and having also considered a letter dated May 114, 1964, from William N. Ponder in connection therewith, the Council does hereby concur in the recommendation of the City P laming Commission and Petition No. Z-629, as amended, is hereby denied because it is poor zoning practice to include a parking area within a subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura and Allen. NAYS: McCann, Daugherty, Dooley, McNamara and Kleinert. The President declared the resolution denied. By Councilman McNamara, seconded by Councilman Daugherty, it was #461-6Li. RESOLVED that, having considered the report and recommendation dated March 25, 1964, from the City Planning Commission in regard to Petition No. Z-629, submitted by William N. Ponder, attorney, in behalf of Gordon-Begin Company, for change of zoning in the Southwest 1/4 of Section 24 from R-1-A. to P, and having also considered a letter dated May 114, 1964, from William N. Ponder in connection therewith, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition No. Z-629, as amended, is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, McNamara and Kleinert. NAYS: Ventura and Allen. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann, it was #462-64 RESOLVED that, the Planning Commission is hereby requested to study and submit to the City Council its recommendation as to a suitable buffer zone for the property to the west and north of the property referred to in Petition Z-629, said buffer zone to serve the property by providing a transition between the parking zoning and the R-14 zoning in the exist- ing subdivision. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, McNamara and Kleinert. NAYS: Ventura and Allen. The President declared the resolution adopted. Page 6625 The communication dated May 14, 1964, from the Parks and Recreation Com- mission, submitted pursuant to resolution #336-64, regarding a proposed priority list of a proposed Master Park Plan for the City of Livonia, was received and filed for the information of the Council. Councilman McNamara introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 4 OF THE WATER RATE ORDS ANCE CF THE CITY CF LIVONIA, ORDINANCE NO. 396, AS AMENDED. 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 McCann, it was #463-64 RESOLVED that, having considered a letter dated May 8, 1964, from Mr. and Mrs. Leonard E. Hunter, 16910 Stanmoor Drive, Livonia, Michigan, and the report and recommendation dated May 6, 1964, from the Chief City Engineer, approved by the Director of Public Works, with regard to the request made by Mr. and Mrs. Hunter as owners of Lot 41 of Livrance Estates Subdivision to fill an area on same within the Bell Creek Drainage Basin, the Council does hereby determine to taloa no action until such time as the City's contour mapping program has been completed and a positive determina- tion of the area required for flood plain has been made. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: Ventura. The President declared the resolution adopted. The letter dated May 26, 1964, from the Chief City Engineer regarding the proposed Seven Mile Road Solitary Sewer Crossings, was removed from the agenda. By Councilman Daugherty, seconded by Councilman McCann, it was RESOLVED that, having considered a letter dated May 4, 1964, from the Director of Public Works, to which is attached a letter dated April 24, 1964, from the Chief Accountant of the Board of Wayne County Road Commissioners, regarding the request made by said Board for an official to be designated and authorized to sign in behalf of the City of Livonia for progressive payments made on the cons truction of the sanitary sewers designated as Project Numbers S-215-Cl; 5-215-C2; S-215-C3-AW-Mich-309G; and S-215-C4- Page 6626 ANT-Mich-309G, the Council does hereby receive the communication from the Director of Public Works and does hereby authorize and designate the Chairman of the Water and Sewer Committee of the Council, Mr. Peter A. Ventura, as the City's official for this purpose. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann, *Ventura, and Daugherty. NAYS: Allen, Dooley, McNamara and Kleinert. Councilman Ventura abstained from voting which is recorded as a "Yes" vote under the provisions of Ordinance No. 27, Section 19. The President declared the resolution denied. By Councilman Dooley, seconded by Councilman Allen, it was #464-64 RESOLVED that, having considered a letter dated May 4, 1964, from the Director of Public Works, to which is attached a letter dated April 24, 1964, from the Chief Accountant of the Board of Wayne County Road Com- missioners, regarding a request made by said Board for an official to be designated and authorized to sign in behalf of the City of Livonia for progressive payments made on the construction of the sanitary sewers designated as Project Numbers S-215-C1; S-215-C2; S-215-C-3-A.P'W-Mich-309G; and 3-215-C44PW-Mich-309G, the Council does hereby concur in the recom- mendation made by the Director of Public Works in the aforesaid communica- tion and does authorize and designate Mr. David L. Jones, Water and Sewer Commissioner, as the City's official for this purpose; and the City'Clerk is hereby requested to forward a certified copy of this resolution to the said board. A roll call vote was taken an the forew)ing resolution with the following result: AYES: Allen, Dooley, McNamara and Kleinert. NAYS: McCann, Ventura and Daugherty. The President declared the resolution adopted. The letter dated May 14, 1964, from the Civil Service Commission regarding payment of false arrest insurance premiums for police officers, was received and filed for the information of the Council. The letter dated May 14, 1964, from the Civil Service Commission, wherein classes of employment in the City service covered either fully or in part by the group hospitalization and medical program provided by the City is defined, was re- ceived and filed for the information of the Council. Page 6627 By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #465-64 RESOLVED that, having considered a report and recommendation dated May 15, 1964, from the Civil Service Commission regarding the City's program of group hospitalization and medical insurance and life and dis- ability coverage, the Council does hereby concur in the report and recom- mendations of the Civil Service Commission, which would continue the present program with Blue Cross-Blue Shield, authorize negotiations of new premium rates for life, accident, and sickness coverage with the Great West Life Assurance Company, as well as provide for future studies of the group hospitalization and medical insurance coverage, and the summation of a plan at a future date with respect to the life, accident, and sickness coverage program. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #466-64 RESOLVED that, having considered a letter dated May 22, 1964, from the Civil Service Commission, approved by the Mayor, with regard to the status of various budget accounts, and the request made therein for an additional appropriation for the balance of the fiscal year, the Council does hereby refer same to the Finance and Insurance Committee for its report and recommendation. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #467-64 RESOLVED that, having considered a copy of a letter dated April 24, 1964, from the Water and Sewer Commissioner, addressed to the Director of Public Works, to which are attached copies of letters dated May 15, 1963, from the Assistant General Counsel of the Board of Wayne County Road Com- missioners, and dated May 2, 1963, from the Water and Sewer Commissioner, with regard to a request made by Lybrand, Ross Bros. and Montgomery relative to Invoice No. 816, dated April 30, 1958, in the amount of $9,438.00, covering the cost of enclosing the Ashcroft Drain between Inkster Road and Harrison Avenue in the City of Livonia, the Council does hereby refer the same to the Water and Sewer Committee of the Council for its report and recommendation. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #468-64 RESOLVED that, having considered a petition dated May 5, 1964, from Mr. and Mrs. Theodore J. Geboski, Jr., 11321 Blackburn, Livonia, Michigan, and Mr. and Mrs. Ernest C. Farkas, 11309 Blackburn, Livonia, Michigan, submitted by their attorney Daniel A.Burress, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing lot #598 of Rosedale Gardens No. 2 Subdivision, located in the N. E. 1/4 of Section 34, T. 1 S., R. 9 E., Page 6628 City of Livonia, Wayne County, Michigan, into two portions equal in width and depth and each portion of which is to be added to the adjoining lots #597 and #599 of Rosedale Gardens Subdivision No. 2, located in the N. E. 1/4 of Section 34, T. 1 S., R. 9 E., City- of Livonia, Wayne County, Michigan, so as to make said lots #597 and #599 sixty (60) feet in width and one hundred thirty-five (135) feet in depth, as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. By Councilman Ventura, seconded by Councilman Daugherty, it was #469-64 RESOLVED that, having considered a letter dated May 21, 19614, frau the City Assessor, recommending a reduction in the interest rate to be charged on all special assessments now in effect, as well as on all future special assessments, from six per cent (6%) to four per cent (4%), in accordance with Ordinance No. 401, the Special Assessment Ordinance, the Council does hereby approve of such a reduction to four per cent ) per annum commencing with the 19614 tax bills. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NkYS: None. By Councilman Dooley, seconded by Councilman McNamara arxi unanimously adopted, it was #470-64 RESOLVED that, having considered a petition dated May 12, 19614, from Mrs. James D. O'Rourke, 15731 Stamford, Livonia, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot #697 of Coventry Gardens Subdivision, of part of the Southeast 1/4 of Section 16, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, so as to detach therefrom a triangular portion 18 feet in width in the rear to a point on Dorais Avenue, 121.32 feet in depth on one side and 122.65 feet in depth on the other side and which portion shall be added to Lot #696, the new legal description of which shall be as follows: Lot No. 696 and N. 44 feet front and 47.76 feet rear of Lot No. 695 and Lot No. 697, except the North 50 feet front and the North 42 feet rear, Coventry Gardens Subdivision, being a subdivision of the South- east 1/4 of Section 16, F. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan; as shewn on the map attached to the aforesaid petition, which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. Page 6629 By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #471-64 RESOLVED that,having considered a petition received May 11, 1964, from Albert G. Katona, 5065 Williamson, Dearborn, Michigan, and in accord- ance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot No. 507 of Golden Ridge Subdivision No. 1, of part of the Southeast 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, into two portions equal in width and depth and each portion of which is to be added to the adjoin- ing lots No. 506 and No. 508 of Golden Ridge Subdivision No. 1, the new description of said lots to read as follows: Lot No. 506 and the North 1/2 of Lot No. 507 of Golden Ridge Subdivision No. 1 of part of the Southeast 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; Lot No. 508 and the South 1/2 of Lot No. 507 of Golden Ridge Subdivision No. 1 of part of the Southeast 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; as shown on the map attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. By Councilman Ventura, seconded by Councilman Allen and unanimously adopted, it was 0472-64 RESOLVED that, having considered a petition received May 13, 1964, from Robert M. Stewart, by his attorney Donald C. Deremo, and James S. Bonadeo, by his attorney Norman J.Cohen, and in accordance with the pro- visions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot No. 118 of Green Brier Estate Subdivision No. 2, of part of the Northwest 1/4 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, into four (4) parcels, the descriptions of which are as follows: Parcel A All that part of Lot 15, Woodcreek Farms Sub'n, part of the W. 1/2 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 86, Plats, Pages 53 and 54, which is described as follows: Commencing at the most S'ly corner of said Lot 15, and proceeding thence along the SW' ly line of slid lot, N. 21° 15' 05" W., 53.59' ; thence N. 59° 29' 36" E., 53.78' to a point on the E. line of said lot; thence along said line S. 0° 30' 40 " E., 66.56' ; thence along the SE'ly line of said lot, S. 68° 44' 55" W., 29.52' to the point of beginning. Also, that part of Lot 16 of said Woodcreek Farms Sub'n described as: Commencing at the most W' ly corner of said Lot 16 and proceeding Page 6630 thence along the NW' ly line of said lot, N. 68° 44' 55" E., 29.52' ; thence along the N. line of said lot, N. 89° 40' 50" E., 44.79' ; thence S. 68° 44' 55" W., 71.35' to a point on the SW'ly line of said lot; thence along said line, N.21° 15' 05" W., 16.00' to the point of beginning. AJ.so, all that part of Lot 118 of Green Brier Estate Sub. No. 2 of part of the N.W. 1/4 of Section 15, T. 1 S., R. 9 E., Livonia Twp., (now City of Livonia) Wayne Co., Mich., as recorded in Liber 70, Plats, Page 73, which is described as follows: Commencing at the S.W. corner of said lot 118 and proceeding thence along the W. line of said lot, N. 00 30' 40 " W., 66.561 ; thence N. 59° 29' 36" E. 26.22' ; thence N. 49° 36' 01" E., 166.581 ; thence S.0° 30' 40" E., 187.001 to a point on the S. line of said lot; thence along said line, S. 89° 40' 50" W., 150.53' to the point of beginning. The total area of the land herein described being 21,855 square feet. Parcel B All that part of Lot 15, Woodcreek Farms Sub'n, part of the W. 1/2 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne Co., Michigan, which is described as follows: Commencing at a point on the SW' ly line of said Lot 15, distant N. 210 15' 05" W., 53.59' from the most Slily corner of said Lot 15; thence along the SW' ly line of said lot, N. 210 15' 05" W., 30.49' , and on a curve concave to the S.W., radius 120.00', central angle 18° 40' 08" (the chord of said curve bears N. 30° 35' 09" W., 38.93' ), a distance of 39.10' ; thence N.50° 04' 47" E., 80.001; thence N.40° 35' 19" E., 22.92' to a point on the E. line of said Lot 15; thence along said line, S. 0° 30' 40" E., 103.37'; thence S. 59° 29' 36" W., 53.78' to the point of beginning. Also, all that part of Lot 118 of Green Brier Estate Sub. No. 2 of part of the N.W. 1/4 of Sec. 15, T. 1 S., R. 9 E., Livonia Twp., (now City of Livonia) Wayne Co., Mich., as recorded in Liber 70, Plats, Page 73, which is described as follows: Commencing at a point on the W. line of said Lot 118, distant N.0° 30' 40" W., 66.56' from the S.W. corner of said Lot 118; thence along the W.line of said lot, N. 0° 30' 40" W., 103.371 ; thence N. 40° 35' 19" E., 229.00' ; thence S. Oo 30' 40" E., 156.00' ; thence S. 49° 36' 01" W., 166.58' ; thence S. 59° 29' 36" 'H., 26.22' to the point of beginning. The total area of land herein described being 25,435 square feet. Parcel C All that part of Lot 15, Woodcreek Farms Sub'n, part of the W. 1/2 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne Co., Michigan, as recorded in Liber 86, Plats, Pages 53 and 54, which is described as follows: Commencing at the most W' ly corner of said Lot 15, and proceeding thence along the NW' ly line of said lots N. 11° 40' 02" E., 319.64' thence along the N' ly line of said Lot 15, S. 75° 28' 05" E., 56.00' ; thence along the E. line of said Lot 15, S. 0° 30' 40" E., 263.60' ; thence S. 40° 35' 19" W., 22.92' ; thence S. 500 04' 47" W., 80.00' to a point on the SW'ly line of said Lot 15; thence along said line on Page 6631 a curve concave to the S.W., radius 120.00', central angle, 260 571 47" (the chord of said curve bears N. 53° 24' 06.5" W., 55.95' ), a distance of 56.47' to the point of beginning. Also, all that part of Lot 118 of Green Brier Estates Sub. No. 2 of part of the N.W. 1/4 of Section 15, T. 1 S., R. 9 E., Livonia Twp., (now City of Livonia) Wayne Co., Michigan, as recorded in Liber 70, Plats, Page 73, which is described as follows: Commencing at a point on the W. line of said Lot 118, distant N. 0° 30' 40 " W., 169,93' from the S. W. corner of said Lot 118; thence along the W. line of said lot, N. 0° 30' 40 " W., 269,83' ; thence N. 75° 49' 17" E., 154.921 ; thence S. 00 30' 40 " E., 133.881 ; thence S. 40° 35' 19" W., 251.92' to the point of beginning. Parcel D All that part of Lot 118, Green Brier Estate Subdivision No. 2 of part of the Northwest 1/4 of Section 15, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, which is descfibed as follows: Beginning at the Southwest corner of said Lot 118, and proceeding along the South line of said Lot, S.89° 43' 35" W., 150.53 feet to the point of beginning; thence N. 0° 25' 47" W., 476.88 feet; thence N. 75° 54' 10" E., 52.66 feet; thence N. 0° 01' 05" W., 11.51 feet; thence N. 89° 58' 55 " E., 40.0 feet; thence S. 00 01' 05" E., 121.55 feet; thence S. 89° 58' 55" W., 5.0 feet; thence S. l0 31' 30" E., 379.35 feet; thence S. 89° 43' 35" E., 92.64 feet to the point of beginning. all of which are shown on the map attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby re- quested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #473-64 RESOLVED that, having considered a petition received May 14, 1964, from Florence Pittman, 34715 W. Seven Mile Road, Livonia, Michigan, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot No. 9 of Winfield Estates Subdivision of part of the N.W. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan into 4 lots, the descriptions of which shall be as follows : Parcel 1 The North 415 feet of Lot 9 (210 feet in width and containing 2 acres) of Winfield Estates Subdivision of part of the NW 1/4 of Section 9, T. 1 S., R. 9 E., Oily of Livonia, Wayne County, Michigan; Parcel 2 The South 281.67 feet of the North 696.67 feet of Lot 9 (210 feet in width and containing 1.36 acres) of Winfield Estates Sub- division of part of the NW 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; Page 6632 Parcel 3 The North 281.67 feet of the South 563.33 feet of Lot 9 (210 feet in width and containing 1.36 acres) of Winfield Estates Sub- division of part of the NW 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; Parcel 4 The South 281.66 feet of Lot 9 (210 feet in width and containing 1.36 acres) of Winfield Estates Subdivision of part of the NW 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; all of which are shown on the map attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #474-64 RESOLVED that, having considered a letter dated May 18, 1964, from the Compton Village Civic Association, by its president Harrison M. Mercer, 29339 Meadowlark, Livonia, Michigan, regarding the installation of a stop light at Lyndon and Middlebelt Roads in the City of Livonia, the Council does hereby refer same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #475-64 RESOLVED that, having considered a letter dated May 16, 1964, from the Northwestern Child Guidance Clinic by the chairman of its finance committee, Gary Kulkis, Room 236, Wayne County Health Center, Inkster, Michigan, requesting support for the establishment and operation of a new Child Guidance Clinic for Northwestern Wayne County, the Council does hereby refer this matter to the joint committee of the City Council and the Livonia School Board. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #476-64 RESOLVED that, having considered a letter dated May 14, 1964, frau the Chief City Engineer, approved by the Director of Public Works, regarding additional paving for Lyndon Avenue adjacent to Harrison Park Site, the Council does hereby refer the same to the Director of Public Works and the Budget Director for consideration in connection with the next fiscal budget. By Councilman McNamara, seconded by Councilman Allen, it was #477-64 RESOLVED that, having considered the report and recommendation dated May 12, 1964, from the Superintendent of Operations Division, ap- proved by the Director of Public Works and Budget Director, the Council Page 6633 does hereby accept the bid of Fendt Builders, 22005 Gill, Farmington, Michigan, for supplying the City with aggregate ready-mix concrete as follows: 6 bag 6A, Ready-Mix Concrete ® $11 .50 per cubic yard; 5 bag 10AA Aggregate Ready-Mix Concrete ® $13.50 per cu. yrd; 4 bag 6D Aggregate Ready-Mix Concrete ® $12.50 per cu. yrd.; 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 results AYES* McCann, Allen, Dooley, McNamara and Kleinert. NAYS: Ventura and Daugherty. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann, it was #478-64 RESOLVED that, having considered the report and recammendation dated May 18, 1964, from the Superintendent of Operations Division, ap- proved by the Director of Public Works and Budget Director, the Council does hereby accept the following bids at the prices indicated for supplying the City with sign blanks as follows: Firm Size Price The Hunt Company 17-3730" $ 1.48 3170 Coolidge Highway 8" x 34 1.68 Berkley, Michigan 8" x 36" 1.78 Sargent-Sowell, Inc. 12" x 36 $ 1.85 1172 - 107th Street, P.O.Box 810 12" x 18" .80 Prairie, Texas 18" x 24" 1.85 24" x 24" Octagonal 2.09 24" x 24" Square 2.40 24" x 24" Diamond 2.1. 0 30" x 30" Triangle 2.00 such having been in fact the lowest bids received for this item as set out in the aforesaid report and recommendation. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #479-64 RESOLVED that, having considered the letter dated May 12, 1964, and the arts and crafts bid re commenda to cns attached thereto dated May ti, 1964, of the Parks and Recreation Commission by its chairman, approved for submission by the Mayor, the Council does hereby accept the bids contained Page 6634 in such report for supplying the City with arts :and crafts merchandise, all of which would be for a total of $1,049.99, such having been in fact the lowest bids received for each item, and the Council does by this resolution incorporate by reference the said letter and recommendations which identify the item, quantity, brand, bidder, price and total of same. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #480-64 RESOLVED that, Petition No. 2-631 for change of zoning in the Northeast 1/4 of Section 24 from RUB to R-1-A is hereby referred back to the City Planning Commission for consideration of the letter dated June 3, 1964, from William N. Ponder, requesting permission to amend the petition. Councilman Dooley introduced the following emergency Ordinance: No. 487 AN aRDINANCE AMENDING SECTION 26 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-633) The foregoing Ordinance is filed in the Journal of Ordinances, Volume No. 8, in the office of the City Clerk, and is the same asif word for word repeated herein. A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: Ventura, Daugherty, Dooley, McNamara and Kleinert. NAYS: McCann and Allen. The President declared the foregoing Ordinance day adopted and would become effective on publication. Councilman McNamara introduced the following emergency Ordinance: No. 488 AN ORDINANCE AMENDING SECTION 26 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 2-614) The foregoing Ordinance is filed in the Journal of Ordinances, Volume No. 8, in the Page 6635 office of the City Clerk, and is the same as if word for word repeated herein. L A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: McCann, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman McNamara introduced the following emergency Ordinance: No. 489 AN ORDINANCE AMENDING SECTION 29 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE 3.00 CF' THE ZONING ORDINANCE, ORDINANCE NO. 60, A;S AMENDED, OF THE CITY OF LIVONIA, BYADDING THERETO SECTION (Petition Z-638) The foregoing Ordinance is filed in the Journal of Ordinances, Volume No. 8, in the o$Yce 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 results .DYES: McCann,Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publicati cn. The following preamble and resolution were offered by Councilman Daugherty and supported by Councilman McNamara: #481-64 WHEREAS, there exists an immeduate need to protect and preserve the public health, to acquire in the City of Livonia as a part of the 'Arne County Metropolitan Sewerage and Sewage Disposal System, sanitary 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 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 342, Public Acts of Michigan, 1939, as amended, authorizes the execution of contracts between Page 6636 municipal units and the proper county agency providing for the acquisition, construction and financing of sanitary 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, maihtain and improve the System with all the powers and duties confered upon such agency by statute; and WHEREAS, the City Council determines it to be in the best interest of the City to acquire said sanitary sewer improvements and to finance the cost thereof in accordance with the provisions of Sections 5(a), 5(b) and 5(c) of Act 342, 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 fat the acquisition, construction and financing of said sanitary sewer improvements, and such matters as are deemed necessary thereto, has been prepared and submitted to the City Council; NOW,THEREFORE, BE IT RESOLVED: 1. That the City Council of the Ciiy of Livonia hereby determines it to be necessary for the public health to acquire the sanitary 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 accordance with the provisions of Sections 5 (a), 5(b) and 5(c) of Act 342, 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 & 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 sanitary sewer improvements: CONTRACT THIS CONTRACT, made and entered into this day of A.D., 1964, by and between the BOARD CF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF WAYNE, Michigan, a public body corporate, acting for and on behalf of the County of Wayne, Michigan, party of the first part,hereinafter referred to as the "BOARD", and e" the CITY OF LIVONIA, a municipal corporation in the County of Wayne,ne, State of Michigan, hereinafter referred to as the "CITY,” Page 6637 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 312, Public Acts of Michigan, 1939, as amended (hereinafter referred to as "Act 312"), did by resolution duly adopted by a majority vote of its members-elect on October 9, 1939, and by Ordi- nance 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 (hereinafter 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 improvnmez ts, 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 312, Public Acts of 1939, as amended, and to that end is authorized to mate 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 two series of bonds, as follows: 1. Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia Section) in the aggregate principal amount of $6,700,000.00, and 2. Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia Section), Series II, in the aggregate principal amount of $1,950,000.00; which said bonds were secured and payable primarily by contract payments pledged by the City, and secondarily by the obligation of the County 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 extremely rapid growth and development of the area in the County of Wayne located in the CITY for industrial, commercial and residential Page 6638 purposes, an imperative need has existed and does now exist for further sanitary sewer L. facilities to provide for said needs a comprehensive sewer plan designated '!Master Sanitary Sewer Program" has been prepared and approved by the CITY, and the bond issues heretofore referred to have financed the construction of certain phases or stages of said plan, and it is now necessary to preserve and protect the public health that the major remaining sanitary sewer needs as set forth in said plan be financed and con- structed; 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 treatment to the sewage disposal facilities of the City of Detroit, the County of Wayne, by its Depart- ment 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 as 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, the additional sanitary sewers and facilities, as a part of the Master Sanitary Sewer Program hereinbefore referred to, which are now necessary to be constructed, are described as follows, to wit: & sewer along Seven Mile Road from Middlebelt Road to Flamingo Boulevard. A sewer in Purlingbrook Road f ram St. Martins Avenue south approximately 500 feet. A sewer in Hilcrest Boulevard from Seven Mile Road to St. Martins Avenue. A sewer in Flamingo Boulevard from Seven Mile Road to Pembroke Avenue. A sewer in Milburn Avenue from Pembroke Avenue to a point approximately 200 feet south of Gable Avenue. A sewer in Sunset Boulevard from Pembroke Avenue to Bretton Road. A sewer in Bretton Road from Sunset Boulevard to Purlingbrook Road. A sewer in St. Martins Avenue from Milburn westerly a distance of approximately 200 feet. A sewer in Gable Avenue from Flamingo Boulevard westerly approximately 500 feet. A sewer in Milburn Avenue from Pembroke Avenue to Base Line Road. P sewer in Sunset Boulevard from Pembroke Avenue northerly approximately 1200 feet. A sewer in Base Line Road from Purlingbrook Road to Farmington Road. A sewer in Fargo Avenue from Milburn Aveiue to Merriman Road. Page 6639 A sewer in Merriman Road from Fargo Road to Base Line Road. A sewer in Osmus Avenue from Base Line Road to a point approximately 150 feet north of Pembroke Road. A sewer in Parker Avenue from Base Line Road to a point approximately 150 feet north of Pembroke Road. A sewer in Hubbard Road from Base Line Road to Pembroke Avenue. $ sewer in Mayfield Road from Base Line Road to Pembroke Avenue. A sewer in Shadyside Road from Base Line Road to a point approximately 500 feet south of Norfolk Road. A sewer in Norfolk Road from Merriman Road to Farmington Road. A sewer in Pembroke Avenue from Mayfield Road to Hubbard Road. A sewer along the north line of lots 323 through 330, Supervisor's Livonia Plat No. 5, extending from Harrison Avenue to Savoie Road. A sewer along Savoie Road from Six Mile Road south approximately 1620 feet. A sewer along Grove Road extending from Middlebelt Road to Savoie Road. A sewer along the south side of Six Mile Road from Harrison Road to Merriman Road. A sewer along the east side of Middlebelt Road from Grove to Six Mile Road. A sewer along the west side of Middlebelt Road from Grove to Six Mile Road. A sewer along the north side of Six Mile Road from Middlebelt Road approximately 2000 feet west. A sewer in Middlebelt Road from Greenland Avenue to Puritan Avenue. A sewer along a private road (Louise Avenue) for a distance of approximately 1700 feet from Six Mile Road north, said road being approximately 1320 feet west of Middlebelt Road. A sewer from Bobrich Avenue and Stamwich Boulevard easterly a distance of 750 feet to a private road. A sewer along Oporto Street from Six Mile Road to Munger Road. A sewer in Munger Avenue from Henry Ruff Road to Middlebelt Road. $ sewer along Henry Ruff Road from Munger approximately 350 feet south. A sewer along Greenland Avenue from Middlebelt Road to Henry Ruff Road. A sewer in Munger Road from Merriman Road easterly approximately 800 feet. A sewer along the north line of Bell Creek Estates Subdivision from Henry Ruff Road westerly approximately 1800 feet to Munger Avenue. Page 66110 A sewer in Merriman Road from Curtis Avenue south to the Bell Creek. A sewer along Grove Avenue from Merriman Road west approximately 900 feet. A sewer along south side of Six Mile Road from Merriman Road west approximately 900 feet. A sewer along the north side of Six Mile Road from Merriman Road west approximately 1300 feet. A sewer in Vargo Avenue from Merriman Road west approximately 1200 feet. A sewer in Bobrich Avenue from Merriman Road west approximately 1200 feet. A sewer in Bennett Avenue from Merriman Road west approximately 1200 feet. A sewer in Curtis Avenue from Merriman Road west approximately 1300 feet. A sewer along the north line of lots 585 through 602 of Supervisor's Livonia Plat No. 10, from Hubbard Road to Merriman Road. A sewer in Hubbard Road from Six Mile Road south to the Bell Creek. A sewer along the Bell Creek Basin from Hubbard Road to the existing pump station on the west side of Farmington Road. A sewer along Farmington Road from Six Mile Road to the Bell Creek. A sewer in Bell Creek Lane from Farmington Road to Six Mile Road. A sewer in Bloomfield Drive from Farmington Road to Bell Creek Lane. A sewer along the south side of Six Mile Road from Farmington Road to Hubbard Road. A sewer in Mayfield Drive from Six Mile Road to Fairfield Drive. A sewer in Fairfield Drive from Six Mile Road to Mayfield Drive. A sewer in Greenland Court from Hubbard Road westerly approximately 1000 feet. A sewer along the west line of lot 5, Bell Creek Farms Subdivision No. 1 from Bell Creek Lane southeasterly approximately 500 feet. A sewer in Terrence Avenue from Harrison Road to Middlebelt Road. A sewer along the north side of Six Mile Road from Hubbard Road westerly approximately 1200 feet. A sewer in Fairfield Avenue from Six Mile Road to Curtis Road. A sewer in Mayfield Avenue from Six Mile Road to Curtis Road. A sewer in Curtis Road from Fairfield Avenue to Norwitch Avenue. A sewer in Loveland Avenue from Curtis Road to Seven Mile Road. A sewer in Mayfield Avenue from Clarita Avenue to Seven Mile Road. Page 6641 A sewer in Brookfield Avenue from Clarita Avenue to Seven Mile Road. A sewer in Woodring Avenue from Clarita Avenue to Seven Mile Road. A sewer in Shadyside Avenue from Curtis Road to Seven Mile Road. A sewer along the easterly line of lot 18)4., Green Brier Estate Subdivision No. 2, from Greenland Court southwesterly approximately )400 feet. A sewer in Westmore Avenue from Curtis Road to Seven Mile Road. A sewer on the east side of Farmington Road from Curtis Road to Base Line Road. A sewer on the west side of Farmington Road from Curtis Road to Seven Mile Road and from Base Line Road south approximately 2700 feet. A sewer in Clarita Avenue from Woodring Avenue to Brookfield Avenue. A s ewer in Seven Mile Road from Farmington Road to Norwich Road. A sewer in Norwich Road from Seven Mile Road to Curtis Road. A sewer in Whitby Road from Curtis Road to Seven Mile Road. A sewer in Stamford Avenue from Seven Mile Road to the Beitz Drain. A sewer in Myron Avenue from Seven Mile Road to Curtis Road. A sewer in Irving Boulevard from Seven Mile Road to Filmore Avenue. A sewer in Filmore Avenue from Seven Mile Road to Curtis Road. A sewer in public alley north of Seven Mile Road between Shadyside and Farmington Road. A sewer in public alley south of Seven Mile Road between Shadyside and Farmington Road. A s ewer in Shadyside from Seven Mile Road to Public Street in north end of Westmore Subdivision. A sewer in Westmore Avenue from Seven Mile Road to Public Street in north end of Westmore Subdivision. A sewer in Public Street at the north end of Westmore Subdivision from Farmington Road to Shadyside Avenue. A sewer along Newburgh Road from Six Mile Road north approximately 2610 feet. A sewer alon g the E & W i/1. line of Section 7, from Newburgh Road westerly approximately 1300 feet, thence northerly alon g the N & S 1/8 line approximately 1320 feet to Margareta Drive. A sewer in Margarets Drive from Hix Road easterly approximately 1250 feet. A sewer in Nola Drive from Margareta Drive to Dardanella Drive. Page 664.2 A sewer in Dardanella Drive from Nola Drive to Blue Skies Drive. A sewer in Susana Drive from Margareta Drive to Dardanella Drive. A sewer in Blue Skies Drive from Seven Mile Road to Margareta Drive. A sewer in Seven Mile Road from Hix Road easterly approximately 1250 feet. A sewer along Inkster Road from Schoolcraft Road south approximately 2600 feet. A sewer in Grantland Avenue extending approximately 2050 feet west from Newburgh Road. A sewer in Hix Road from the alley north of Joy Road to the alley south of W. Chicago. A sewer in Houghton from the alley north of Joy Road to the alley south of W. Chicago. A sewer in the easement between Houghton and Butwell Streets from Minton to the alley north of Joy Road. A sewer in the easement between Butwell and Lamont Streets from the alley north of Joy Road to the alley south of West Chicago. A sewer in Butwell Street from Minton to the alley south of West Chicago, and from Joy Road to Northfield. A sewer in Lamont from Northfield to West Chicago. A sewer in the easement between Lamont and Stonehouse, from Joy Road to the alley south of West Chicago. A sewer along Joy Road from Stone house west approximately 200 feet. A sewer in the alley north of Joy Road from Hix Road to the easement between Lamont and Stonehouse. A, sewer in Northfield from Butwell to Lamont. A sewer in Minton from Houghton east to the easement between Butwell and Lamont. The above described sanitary sewers shall include all necessary house leads, cross- overs and other necessary appurtenances and facilities. A blueprint plan showing in detail said sewer improvements is on file in the offices of the BOARD; and WHEREAS, the BARD 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 Four Million Three Hundred Forty Thousand Dollars ($4.,340.000), (which s aid estimate of cost is hereinafter referred to in this Contract as "ESTIMATED COST"); and WHEREAS, said sewer improvements constitute and will be additions to the County System, and it is the determination and judgment of the BOARD and the CITY that said new sanitary sewer improvements should be financed and constructed pursuant to the Page 6643 authorization provided in Act 342 and Ordinance No. 200, hereinbefore referred to, all of said 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 June 3, 1964, which said resolution has 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 concern- ing said resolution or this Contract has been filed with the City Clerk of said CITY; NOW, THEREFORE, in consideration of the premises and covenants of each other, the parties hereto agree as follows: 1. The BOARD and the CITY hereby approve and confirm the sewer im- provements to be acquired and constructed as set forth in the preamble to this Contract, 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 Four Million Three Hundred Fcrty Thousand ($4,340,000.00) 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 ahuttal 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 ap- proved 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 acquisition 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 maximum 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 in accordance with the plans and specifications therefor based on preliminary plans ap- proved by this Contract: 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 acquisitionof rights-of- way, inspection and approval of work and materials thereunder and all construction Page 6644 supervision shall be done by the CITY, who shall cause certificates for required pay- ments 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 make 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. 4. Upon completion of the sewer improvements specified in the pre- amble and approved in Section 1 of this Contract, the CITY shall operate and maintain said improvements at its s ole 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. 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 disposal rate as established from time to time by theBoard 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 accord- ance with the provisions of Act 342, 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 specifica- tions therefor based on the preliminary plans as approved by this Contract. Said final construction contracts shall specify a completion 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 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 exceeding f4,340,Ooo.00 (except as authorized pursuant to Section 3 o. this Contract), said bonds to mature serially as authorized by law over a period of years, not exceeding forty (41, 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. Af to r due adoption of the bond ordinance or resolution, Page 6645 the BOARD will take all necessary legal procedures and steps necessary 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 pro- vided for in the ordinance or resolution authorizing 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 entire cost of the PROJECT TO BE FINANCED will be provided from funds derived from the sale of the bonds in the aggregate principal amount of $4,3 .0,000.00 referred to in Section 5(c) of this Contract. Immediately upon the issuance of the bonds of the County of Wayne hereinbefore referred to, the BOARD shall notify the CITY, by written communication addressed to its City Treasurer, of the schedule of payments of principal of and interest thereon. The CITY covenants and agrees that not less than thirty (30) days prior to the due date of any principal or interest payments thereon, it will remit to the BOARD sufficient funds to meet said payments in full. Fran 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 frau such notification, 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 312, 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 following year's tax collections; Provided, However, 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 )y 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 pay- ments specified in this Contract with the written request that said additional funds be used to call bonds for redemption 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, ih writing, both the County Treasurer of the County of Wayne and the City Treasurer of such default and the fro amount thereof, and if such default is not corrected within ten (10) 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 law, and payable Page 6646 to the CITY pursuant to Section 10, Article IX, of the MichiganConstitution of 1963, 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 obligations 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 of 1963, the purpose of this provision being solely to voluntarily az thorize 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. 11. It is specifically recognized by the CITY that the payments re- quired 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 the bonds to be issued by the County, as provided by this Contract and authorized by law, and the CITY covenants and agrees that it will make its required payments to the BOARD promptly ana at the times herein specified, without regard to whether the PROJECT TO BE FINANCED is actually completed or placed in operation. 12. The PROJECT TO BE F INAN CED as herein described constitutes a portion of a tonal sanitary sewer improvement program necessary for the public health, all as set forth in the Master Sanitary Sewer Program prepared and on file with the CITY and the BOARD and hereinbefore referred to, and nothing herein contained shall in any way be construed to prevent additional financing under the provisions of Act 342, Public Acta of Michigan, 1939, as amended, or any other law, for the purpose of constructing all or any portion of additional necessary sanitary sewer improvements. 13. If the proceeds of the sale of the bonds to be issued by the County are for any reason insufficient to complete the PROJECT TO BE FINANCED, the BOARD and the CITY shall execute a supplemental contract making provision for the issuance of additional bonds in an aggregate principal amount sufficient to complete the PROJECT TO BE FINANCED, and increasing the proportionate annual payments required to be made by the CITY in an amount so that the total payments required to be made, as increased, will be sufficient to meet the annual principal and interest require- ments on the bonds herein authorized plus the additional bonds to be issued. Any such supplemental contract, whether entered into before or after bonds are issued, shall in all respects comply with the requirements of Act 342, Public Acts of Michigan, 1939, as amended, and shall contain a provision that any increases in the annual payments shall be made in the manner, and at the times specified in this Contract. In lieu of said supplemental contract, the CITY may pay over to the BOARD sufficient moneys to complete the PROJECT TO BE FINANCED. ])4. After completion 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 of the CITY, to wit: (a) for additionals ewer 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, 15. All contracts for connection tu 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 thee cs is of such connections are included in the cost of the PROJECT TO BE FINANCED. Page 6647 16. The obligations and undertakings of each of the parties to this Contract shall be cacnditioned on the successful issuance and sale of bonds pursuant to Act 342, Public Acts 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. 17. The sewer improvements acquired and constructed in accordance with the provisions of this Contract shall be a part of the County System. The CITY shall at all times maintain the sewer improvements to be acquired and constructed hereunder at its own expense. 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 non-compliance 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. 18. 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 342, Public Acts of Michigan, 1939, as amended, to finance 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 obligations 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. 19. This Contract shall remain in full force and effect for a period of forty (40) years from the date 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. 20. The CITY shall defend, indemnify and save harmless the BOARD from and against any and all claims of any nature whatsoever, including damage to property of that BOARD or injury to or death of employees or agents of the BOARD, arising out of the construction, operation and/or maintenance of the PROJECT TO BE FINANCED. 21. 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 , 1964. Page 6608 BOARD OF COUNTY ROAD COMMISSIONERS OF TRE In the Presence of : COUNTY OF WAYNE, Michigan By Chairman By Vice Chairman By Commissioner CITY OF LIVONIA By Mayor By City Clerk 5. 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 resolution. 6. 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. 7. 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, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #482-64 RESOLVED that, having considered the letter dated May 20, 1964, from the Mayor, the Council does hereby approve of and concur with the appointment of Mr. Raymond W. Tent, 18051 Deering, Livonia, Michigan, to the City Planning Commission, to fill the unexpired term of Dr.Daniel C. Allen, which term expires Jura 9, 1965. By Councilman Ventura, seconded by Councilman Dooley and unanimously adopted, it was #483-64 RESOLVED that, having considered the communication dated April 22, 1964, and received May 11, 1964, from the Michigan Liquor Control Commission, Page 6649 and the report dated May 14, 1964, from the Director of Public Safety, re- garding a request from Victor L. DeMino, Jr., and Lyman G. Fidler for a new SDD license to be held in conjunction with a 1963-64 SDM licensed business located at 38001 Ann Arbor Road, Livonia, Michigan, the Council does hereby determine to take no action on such matter in view of the statement con- tained in the aforesaid communication that the Council has only 30 days within which to act and in view of the further fact that the said 30-day period has already elapsed. By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #484-64 RESOLVED that, having considered the communication dated April 22, 1964, and received May 11, 1964, from the Michigan Liquor Control Commission, and the report dated May 13, 1964, from the Director of Public Safety, re- garding a request from Burton Hollow Pharmacy and Drug, Inc., for a new SDD license to be held in conjunction with its 1963-64 5DM licensed business located at 17176 Farmington Road, Livonia, Michigan, the Council does hereby determine to take no action on such matter in view of the statement con- tained in the aforesaid communication that the Council has only 30 days within which to act and in view of the further fact that the said 30-day period has already elapsed. By Councilman Daugherty, seconded by Councilman Dooley, it was #485-64 RESOLVED that, having considered the proposed contract entitled Contract for Personal Services Urban Planning Assistance Project, with the Development Planning Company, submitted by letter dated May 22, 1964, from the Department of Law and negotiated pursuant to City Planning Com- mission resolution No. 2-30-64, the Council does hereby approve and authorize the City of Livonia to enter into said contract, and further, the Mayor and City Clerk are hereby authorized and requested to execute said contract in behalf of the City, and the City Clerk and City Treasurer are authorized to do all things necessary to carry out the intent of this resolution. A roll call vote was taken an the foregoing resolution with the following result: AXES: McCann, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: Ventura. The President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McNamara, it was #486-64 RESOLVED that, having considered a letter dated May 5, 1964, from the Builders Association of Metropolitan Detroit, 2316 Dime Building, Detroit 26, Michigan, with regard to additional suggestions for modification of the proposed new zoning ordinance, the Council does hereby refer same communication to the City Planning Commission with the suggestion that the Page 6650 Commission confer with the Builders Association and subsequent thereto submit its report and recommendation to the Council, with regard to the matters contained in said letter. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Daugherty, Dooley, McNamara and Kleinert. NAYS: Ventura and Allen. The President declared the resolution adopted. The following resolution was offered by Councilman Dooley and supported by Councilman McNamara: #487-64 WHEREAS, the City of Livonia is in urgent need of an easement across certain land designated by the Bureau of Taxation as Outlot Aa located between Inkster Road and Harrison Avenue in order to construct a sanitary sewer in Area 5A, of the Mester Sanitary Sewer Program, and WHEREAS, this Council further finds that it is necessary to acquire a permanent easement in this area 20 feet in width together with an additional 35 foot construction easement in order to complete this phase of the Master Sanitary Sewer Plan, as well as for public convenience and for general public health, safety and welfare, and WHEREAS, the Chief City Engineer has recommended that the pro- posed permanent easement 20 feet in width together with an additional 35 foot construction easement be acquired for the constructionof this sanitary trunk sewer and has presented plans to, and which have been approved by this Council, THEREFORE, BE IT RESOLVED that this Council for the City of Livonia, Wayne County, Michigan, a Michigan Municipal Corporation and state agency of the State of Michigan, hereby declares that the acquisition of the proposed permanent easement 20 feet in width together with an additional 35 foot cons tructi c:n easement hereinafter described is necessary for a public improvement for the use and benefit of the public for the purpose of its incorporation and for a public purpose within the scope of its powers and the said Council does hereby declare that it deems it necessary to take private property upon compensation to be paid therefor for such public im- provement, to wit: The acquisition of a permanent easement 20 feet in width together with an additional 35 foot construction easement described as follows: A 20.0 foot wide easement in the N.E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and located in the following described parcel of land: Outlet A except that part thereof described as beginning at the intersection of the Northerly line of said lot with the West line of Reddon Avenue and proceeding thence N. 77o 421 47u W. along said Northerly line, 131.01 feet; Page 6651 thence due South, 334.0 feet; thence N 89° 55' 03" E., 128.01 feet to the West line of Reddon Avenue; thence due North along said West line, 305.94 feet to the point of beginning. Park Woods Subdivision of N.E. 1/4 of Section 13, T. 1 S., R. 9 E., Said easement being described as a strip of land 20.0 feet wide, 10 feet on each side of a centerline beginning at a point on theEast line of the above described parcel, 50.02 feet, south of the most easterly Northeast corner of said parcel and proceeding thence N 870 19' 30" E., 227.11 feet, thence N 55° 17' 34" W., 149.63 feet, thence N 9° 19' 08" W., 72.99 feet; thence N 460 55' 45" W., 447.01 feet; thence N 70 25' 05" W. 232.60 feet; thence S 870 43' 24" W., 335.67 feet; thence N 84° 32' 22" W., 399.68 feet; thence N.880 40' 32" W. 401.28 feet; thence S 66° 32' 28" W., 295.57 feet; thence S 860 26' Jut' W., 297.51 feet to a point of terminus on the West line of said parcel, said point being 15.07 feet south of the N.W. corner of said parcel. CONSTRUCTION EASEMENT A 5.00 foot wide strip of land being located North and East of and adjacent to the above described permanent easement. And a 35.0 foot wide strip of land being located South and West of and adjacent to the above described permanent easement. BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan (that being the county where the private property sought to be taken is located), to carry out the objects of this resolution and to acquire by condemnation for the City of Livonia the private property hereinbefore described for the purpose of acquiring a permanent easement 20 feet in width together with an additional 35 foot construction easement in order to construct the sanitary trunk sewer in Area 5A of the Master Sanitary Sewer Plan between Inkster Road and Harrison Avenue, as hereinbefore set forth as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the provisions of the Statutes of the State of Michigan provided therefor, and more particularly Act 149 of the Public Acts of 1911 as amended (being section 8.11, et seq., M.S.A., as amended), BE IT FURTHER RESOLVED, that the cost of the acquisition of this property shall be financed from the proceeds of the $1,950,000.00 Wayne County Metropolitan Sewerage and Sewage Disposal System Bond Issue (Livonia section). A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. Page 6652 By Councilman Daugherty, seconded by Councilman Ventura, it was #488-64 RESOLVED that, having considered the letter dated May 22, 1964, from the Chief City Engineer, transmitting a request received April 27, 1964, from the Rev. Troy B. Hull of Grace Baptist Church, located on Lyndon and Harrison Avenues in the City of Livonia, the Council does hereby accept the offer of the Grace Baptist Church of a contribution of $1,100.00 to cover the cost of providing materials for the improvement of Harrison north of Lyndon, and directs the Department of Public Works to furnish the labor and equipment necessary to accomplish the work and proceed with the con- struction thereof. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Daugherty, it was #489-64 RESOLVED that WHEREAS, the City of Livonia has interests in the following described property located in the City of Livonia, Wayne County, Michigan, to-wit: PARCELS NO. 12, 13 and 14 Lots 213, 212 and 211, Sunset Hills Subdivision of part of the East 1/2 of Section 11, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, according to the plat thereof as recorded in Liber 80, Pages 68 and 69 of Plats, Wayne County Records. THEREFORE, BE IT RESOLVED that the City of Livonia for and in consideration of the sum of One Dollar ( 1.00) and other good and valuable considerations paid to the City of Livonia by the Livonia Drain No. 15 Drainage Board, does hereby grant to said Livonia Drain No. 15 Drainage Board, a permanent right-of-way for a certain drain across the aforesaid lands,which right-of-way is described as follows, to-wit: RIGHT-OF-WAY REQUIRED: The Right-of-Way required is a permanent easement over the South 20 feet of Lot 211 and over the West 20 feet of Lots 211, 212 and 213 of said Sunset Hills Subdivision. BE IT FURTHER RESOLVED that, this grant shall constitute an easement in said strip of land for this purpose of construction, installation, maintenance, repair, alteration, inspection, operation, replacement, improve- ment, widening, deepening, tiling and relocating of the said LIVONIA NO. 15 Drain, and also for the purpose of performing the aforesaid work; and FURTHER RESOLVED that, the release of right-of-way to be executed shall be in a form and manner subject to the approval of the Department of Law. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. Page 6653 The following resolution was offered by Councilman McNamara and supported by Councilman Dooley: #490-64 WHERE&S, it is contemplated that there will be certain expenses and administrative costs incurred by the City of Livonia in connection with the acquisition of right-of-way required for the construction of Phase I of the Master Sanitary Sewer Program: namely, the Plymouth Road Sewer, Schoolcraft Road Sewer, severs in area #3 and area 5a, which expenses can be reasonably taxed to the bond issue as a reasonable charge thereof; NCM, THEREFORE, BE IT RESOLVED that, the Council of the City of Livonia does hereby authorize the Department of Law and theEngineering Division of the Department of Public Works and the staffs thereof, to take such steps as are necessary to acquire the remainder of the easements re- quired for said construction and does further authorize the City Clerk to request reimbursement therefor from the Board of Wayne County Road Com- missioners out of the bond proceeds. A roll call vote was taken on the foregoing resolution with the following results AYES: McCann, Ventura, Daugherty, Allen, Dooley, McNamara and Kleinert. NAYS: None. The letter dated May 25, 1964, from the Chief City Engineer, approved by the Director of Public Works, regarding Golden Ridge Sanitary Sewer Project, Plan Change, was received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #491-64 RESOLVED that, regular meetings of the Council of the City of Livonia will be held on Wednesdays, July 1st, 15th and 22nd, 1964, at 8:00 o' clock P. M. On motion of CouncilmanMcCann, seconded by Councilman Ventura and unanimously adopted, this 453rd regular meeting of the Council of the City of Livonia was duly adjourned at 10:00 P. M., June 3, 1964. Air Addison W. Bacon, City Cler