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HomeMy WebLinkAboutCOUNCIL MINUTES 1964-05-06 Page 6585 MINUTES OF THE FOUR HUNDRED FORTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY (F LIVONIA On May 6, 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 8:12 P. M. Councilman Ventura delivered the invocation. Roll was called with the following resu;t: Present-- Rudolf R. Kleinert, Peter A. Ventura, Daniel C. Allen, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- William E. Parks. Elected and appointed officials present: Addison W. Bacon, City Clerk; Virginia Handzlik, Deputy City Clerk; Harry Smit, City Attorney; Harry C. Tatigian, first Assistant City Attorney; Robert A. Shaw, Director of Public Works; Victor C. Phillips, Budget Director, James N. Jordan, Police Chief; William J. Strasser, Chief City Engineer; Daniel R. Andrew, Industrial Coordinator; Thomas J. Griffith, Jr., LChief Accountant; Thomas Heap, Zoning Board of Appeals; Mrs. Peggy Miquelon, Library Commission; Robert Angevine, City Planning Commission; and John Dufour, Superintendent, Parks and Recreation. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #380-64 RESOLVED that, the minutes of the 448th regular meeting of the Council of the City of Livonia held April 22, 1964, and the adjourned 448th regular meeting held April 29, 1964, are hereby approved. The City Clerk, Addison W. Bacon, informed the Council of receipt of two letters from the Mayor, each dated May 6, 1964, regarding Wage Increases for Other than Police and Fire Department Personnel, and Council resolution #361-64, reducing sidewalk widths to four feet. The letters were referred to the study meeting follow- ing the regular meeting of the Council. The President of the Council read a letter of resignation from Councilman *William E. Parks, which was received and placed on file. Page 6586 By Councilman Ventura, seconded by Councilman McCann, it was #381-64 RESOLVED that, in accordance with Chapter IV, Section 4 of the Livonia City Charter, John Daugherty is hereby appointed Councilman of the City of Livonia to fill the vacancy caused by the resignation of Mr. William E. Parks, and to hold such office until the Monday next following the next regular City election. The President of the Council announced receipt of petitions signed by approximately 1400 residents of the City, asking that the selection of a Councilman be made ac- cording to the position in the last election, which was given due consideration by the Council. By Councilman Dooley, seconded by Councilman Allen, it was RESOLVED that, the appointment of a Councilman to fill the vacancy caused by the resignation of Mr. William E. Parks be tabled until the next regular meeting of the Council-. A roll call vote was taken on the motion to table with the following result: AYES: Allen and Dooley. NAYS: Ventura, McNamara, McCann and Kleinert. The President declared the motion to table denied. Mr. Fred Shirley, 37552 Powell, Livonia, read a statement in behalf of certain citizens, regarding the appointment to the Council to fill the vacancy, a copy of which is on file in the office of the City Clerk. A roll call vote was taken on resolution #381-64, with the following result: AYES: Ventura, Mc Namara, McCann and Kleinert. NAYS: Allen and. Dooley. The President declared the resolution adopted. The report dated April 22, 1964, from the Chief City Engineer, regarding the first phase of the sanitary sewer program, was received and filed for the in- formation of the Council. An Ordinance to Regulate the Cutting and Destruction of Noxious Weeds and other Weeds, Grass, Brush and Uncontrolled Tree Growth and the Removal of Refuse and Debris Upon Lands in the City of Livonia and to Provide for a Tax Upon the Owners Page 6587 Failing to Comply with the Provisions Hereof and to Provide a Penalty for the Violation of the Provisions Hereof, introduced by Councilman McNamara on April 29, 1964, was taken from the table and a roll call vote conducted thereon with the follow- ing results AYES: Ventura, Allen, Dooley, McNamara and McCann. NAYS: Kleinert. The President declared the foregoing Ordinance duly adopted and would became effective on publication. The letter from Lyndon Meadows Civic Association regardingcrossovers on Schoolcraft Road was removed to the study meeting following the regular meeting. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #382-64 RESOLVED that, having considered a letter dated April 16, 1564, from the Department of Law concerning the possible codification of the ordinances of the City, the Council does hereby table this matter. The letter dated April 29, 19641 from the Department of Law, submitted pursuant to resolution #337-64, and the communication dated April 29, 1964, from the Chief City Engineer, informing the Council that certain easements were obtained in connection with the Golden Ridge Subdivision sanitary sewer project, were re- ceived and filed for the information of the Council. The letter dated April 28, 1964, from the City Assessor regarding the Wayne County Board of Equalization, wqs received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman Allen and unanimously adopted, it was #383-64 RESOLVED that, having considered the request dated April 24, 1964, of the Detroit Race Course, Inc., by its vice president Paul R. Ryder, to have a fireworks display on July 4, 1964, on the premises of said race course in co-sponsorship with the City of Livonia, the Council does hereby grant permission to the Detroit Race Course, Inc., to transport and fire Page 6588 aerial fireworks on the night of July 4, 1964; provided, however, that this display is to be under the supervision of the Livonia Fire Department and in such area as approved by the Livonia Fire Department, and the City of Livonia, its agents and employees will not be responsible for any injury or damage caused by the fireworks or by the persons using such fireworks. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #384-64 RESOLVED that, having considered the letter dated March 16, 1964, from the Michigan Liquor Control Commission, and the report and recommenda- tion dated April 21, 1964, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Ervin L. and Lorene Melching for transfer of ownership of 1963 Class C licensed business from Joseph Godell, located at 34101 Plymouth Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman McNamara, seconded by Councilman Dooley, it was #385-64 RESOLVED that, having considered the communication dated April 9, 1964, from the Department of Law in regard to a grant of easement obtained in connection with the constructioh of a sanitary sewer across certain lands of Madonna College, the Council does hereby accept for and on behalf of the City of Livonia a grant of easement from Madonna College, dated March 18, 1964, which was executed on behalf of said college by Mother Mary Laudine, C.S.S.F., and Sister Mary Raynelda, C.S.S.F.; and the City Clerk is hereby requested to have such grant of easement recorded in the Wayne County Register of Deeds office, and to do all other things necessary or incidental to the full performance of this resolution. &r oll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Allen, Dooley, McNamara, McCann and Kleinert. NAYS: None. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #386-64 RESOLVED that, having considered a request made by the Pickford Gardens Association, by its president Larry Oppen, received on April 23, 1964, with rega d to the installation of a street light on Seven Mile Road, at its intersection with Purling Brook Avenue, the Council does hereby refer same to the Chief City Engineer for his report and recommendation. By Councilman Dooley, seconded by Councilman Allen and unanimously adopted, it was #387-64 RESOLVED that, having considered a request received on April 28, 1964, from certain residents residing on and around Pine Tree Street, with regard to the blacktopping of said Pine Tree Street, the Council does Page 6589 hereby refer the same to the Director of Public Works for his report and recommendation on same, including therein the approximate cost that would be involved. The communication dated April 21, 1964, from the Department of Law concern- ing the Mac R. Fisher vs.City of Livonia Circuit Court Case, was received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman McNamiara, it was RESOLVED that, having considered the report and recommendation dated April 16, 1964, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #57-62, as amended by resolution #234-64s so as to reduce the bond for remaining improvements in Golfview Meadows Subdivision to $103,000.00, of which at least $10,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision; and that the proprietor shall be and is hereby authorized to submit a letter of credit from the Manufacturers National Bank of Detroit, in lieu of the bond in the same amount herein required, to-wits $93,000.00, on such terms and conditions as shall be approved by the Department of Law; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or in- cidental to the full performance of this resolution. By Councilman McNamara, seconded by Councilman McCann, it was #388-64 RESOLVED that, the report dated April 16, 1964, from the Chief City Engineer regarding a bond reduction for Golfview Meadows Subdivision is tabled pending a report from the Law Department regarding acceptance of Letters of Credit instead of Surety Bonds for improvements in the subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Allen, Dooley, McNamara and McCann. NAYS: Kleinert, The President declared the resolution adopted. By Councilman Allen, seconded by Councilman McCann, it was #389-64 RESOLVED that, having considered a letter dated April 21, 1964, from the Budget Director with regard to a request made by the Citizens Research Council for reimbursement of certain pocket expenses (meals, trans- portation, etc.), in the amount of $241.99, the Council does hereby trans- fer the amount of $241.99 from the Unallocated Fund to the Mayor's Pro- fessional Services Account #107-2, which sum shall be used for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Allen, Dooley, McNamara, McCann and Kleinert. NAYS: None. Page 6590 By Councilman Ventura, seconded by Councilman McCann, it was #390-64 RESOLVED that having considered a letter dated May 1, 1964, from the Director of Public Safety with regard to resolution #341-64, wherein certain bids were accepted for the purchase of police uniforms for catalogue items only, the Council does hereby determine to accept the bid of Guy Woolfolk in the total anount of $9,150.10, with regard to custom items of uniforms as set forth in a communication dated April 14, 1964, from the Director of Public Safety, in the manner and for the reasons outlined in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Allen, Dooley, McNamara, McCann and Kleinert. NAYS: None. The following resolution was offered by Councilman Ventura and supported by Councilman Dooley: #391-64 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 23, for the proposed construction of paving on Harrison Street from Joy Road to a point 300 feet north of Joy Road in the Southwest 1/4 of Section 36, City of Livonia, County of Wayne, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on May 4, 1964, at 8:00 p. m.„-at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 23; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated April 8, 1964, as amended by the Council subsequent to the public hearing held with regard to same on May 4, 1964, in the amount of $7,800.00, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the Chief City Engineer and resolutions of the City Council; 2. Said Special Assessment Roll No. 23 is hereby approved and confirmed in all respects, in that the assessment of $3,900.00 shall be assessed with respect to Item No. 36G4a, and the City's share shall be $3,900.00; 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of four per cent (4%) per Page 6591 annum on the unpaid balance of the assessment from the date of confirmation. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1964, and subsequent installments on December 1st of succeeding years; 4. Pursuant to the provisions of Section 3.10 of Ordinance No.401, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, as amended, and the said assessment roll, as amended, shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Secticn 6.03, and mail assessment statements to the respective property owners assessed in the mariner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from the date of confirmation of the roll, pay the whole or any part of the assessment without interest or penalty; 5. The first installment shall be spread upon the 1964 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from the date of con- firmation on- firmation of the roll to December 1, 1964, and thereafter one (1) ins to ll- ment shall be spread upon each annual tax roll, together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installments shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period, as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; 6. That the City Council having determined to provide the entire cost of the aforesaid paving of Harrison Street within the said district, the sum of $3,900.00 is hereby advanced from the General Fund to Special Assessment District No. 23, to cover cost of said installation, which sum will be reimbursed to said account upon receipt of same from the property owner assessed in accordance with the special assessment roll; and further, the City's portion in the amount of $3,900.00 is hereby transferred from the Unallocated Fund to the Road Improvement Account, entitled "Harrison Road Improvemen t." $ roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Allen, Dooley, McNamara, McCann and Kleinert. NAYS: None. On motion of Councilman Dooley, seconded by Councilman Allen and unanimously adopted, this 449th regular meeting of the Council of the City of Livonia was duly adjourned at 9:09 P. M., May 6, 1964. ze)7.2 Addison W.Bacon, Cit Cler1 Page 6592 MINUTES OF THE FOUR HUNDRED FIFTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVCNIP On May 13, 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 8103 P. M. Councilman Allen delivered the invocation. Roll was called with the following result: Present-- Rudolf R. Kleinert, *Peter A. Ventura, 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; Virginia Handzlik, Deputy City Clerk; Harry Smits City Attorney; Harry C. Tatigian„ first Assistant City Attorney; Robert A. Shaw, Director of Public Works; William J. Strasser, Chief City Engineer; John Hiltz, Consulting Engineer; Joel LaBos Director of Public Safety; David L. Jones, Water and Sewer Commissioner; Thomas Heap, Zoning Board of Appeals; John Dufour, Superintendent, Parks and Recreation; Richard L. Sanderson, Chief Building Inspector; James L. Miller, Personnel Director; Captain Michael Vorgitch, Police Department; Robert Angevine, City Planning Commission; Mrs. Peggy Miquelon, Library Commission; Joseph Keane, Constable; Daniel R. Andrew; Industrial Coordinator; Carl Demek,Superintendent„ Operations Division; Neal Hall, Traffic Commission; Joseph J. Handzlik, Civil Service Commission; and L. J. O'Brien of the Parks and Recreation Commission. By Councilman Dooley, seconded by Councilman Ventura and unanimously adopted, it was #392-64 RESOLVED that, the minutes of the 449th regular meeting of the Council of the City of Livonia held May 6, 1964, are hereby approved. Addison W. Bacon, City Clerk, informed the Coundil of receipt of a veto message dated May 13, 1964, from the Mayor on resolution #381-64, adopted by the Council on May 6, 1964. The President of the Council stated: We have a letter dated May 13, 1964, in Which the Mayor purports to veto the resolution which appointed Mr. John Daugherty Page 6593 as a member of the Council. As the President, I will have to rule that we do not recognize this letter as being legitimate use of the power of veto, therefore this message is without force and effect and the Council will take no action. When Mr. Daugherty presents himself, he will be seated. Councilman Dooley stated: I disagree with the ruling of the President of the Council. I think the Mayor does have the right to veto. Councilman Allen con- curred with Mr. Dooley. Councilman Ventura said; I agree with the President. There being no further comments, the President declared his ruling would stand. Councilman Looley: You have now ruled that John Daugherty is a member of this Council. John Daugherty is in the hall; I would assume that it would be his responsibility at this time to take his seat. Mr. William N. Ponder, attorney for John Daugherty, stated that Mr. Daugherty has accepted the office of the Council pursuant to the Council's selection of him, and he has taken all of the necessary steps to qualify. He has been sworn in and it has been filed with the Clerk. He doesn' t want to sit in on the session this evening because he hasn' t seen the agenda and is not familiar with the Council business tonight. However, he is available now. The President stated that the Council would proceed with the regular order of business. By Councilman Amboy, seconded by Councilman McNamara and unanimously adopted, it was #393-64 RESOLVED that, having considered the report and recommendation dated April 27, 1964, from the Water and Sewer Committee, submitted pur- suant to resolution #326-63, relative to sewer pay-back agreement methods submitted by the Department of Law in a letter dated April 18, 1963, the Council does hereby receive and file the report of the Water and Sewer Committee for the future information of the Council. By Councilman Dooley, seconded by Councilman McNamara, it was #394-64 RESOLVED that, having considered the report and recommendation dated April 27, 1964, of the Water and Sewer Committee, submitted pursuant to resolution #641-63, and before determining to install certain drainage Page 6591 improvements, which improvements would consist of grading the dedicated surface drainage easements to conform to grading plan established by the Engineering Division, in Thomas Elliott Subdivision located in the N.E. 1/4 of Section 36, in the City of Livonia, Wayne County, Michigan, the cost of which is to be defrayed by special assessment, the Chief City Engineer is hereby requested to ascertain the assessed valuation of all property af- fected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare or cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments maybe paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Sections 3.03 and 4.01 of Ordinance No. 401, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann and Kleinert. NAYS: Ventura. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #395-64 RESOLVED that, having considered the report and recommendation dated April 27 1964, of the Water and Sewer Committee, submitted pursuant to resolution #9-64, relative to a report dated December 18, 1963, from the Budget Director setting out estimated millage necessary to meet annual debt requirements for the financing of Livonia Drains No. 1 through No. 3, No. 5 through No. 18, the Bakewell Drain and the Beitz Drain, the Council does hereby receive and file the report of the Water and Sewer Committee for the information of the Council. By Councilman Ventura, seconded by Councilman McNamara and unanimously adopted, it was #396-64 RESOLVED that, having considered the report and recommendation dated April 27, 19640 of the Water and Sewer Committee, submitted pursuant to resolution #187-64, relative to a report dated February 14, 1964, from the Chief City Engineer, approved by the Director of Public works, regard- ing proposed water service to the Livonia Hills Subdivision, the Council does hereby request that the Chief City Engineer and the Director of Public Works submit a complete engineering report of the future water supply re- quirements for the Northwest corner of the City bounded by Five Mile Road, Farmington Road, Eight Mile Road and Haggerty Road, and that cost figures be furnished in said report. Page 6595 By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #397-64 RESOLVED that, having considered the report and recommendation dated April 27, 1964, of the Water and Sewer Committee, submitted pursuant to resolution #842-63, relative to a letter dated October 24, 1963, from the Mayor concerning a request made by the developers of the Livonia Mall regarding a sanitary sewer line installed at their expense along Seven dile Road in the City of Livonia, the Council does hereby determine that no action shall be taken on this matter at this time, pending a further report and recommendation from the Water and Sewer Committee on this matter. By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #398-64 RESOLVED that, having considered a report and recommendation dated April 27, 1964, of the Water and Sewer Committee, submitted pursuant to resolution #55-64, concerning resolution #WS 594 12/63 of the Water and Sewer Board, as submitted in a letter dated January 7, 1964, approved for submission by the Mayor, relative to open storm drain policy, the Council does hereby determine that no action shall be taken at this time pending a further report from the committee, pursuant to further discussion on this matter with the Mayor and the Water and Sewer Board. By Councilman Dooley, seconded by Councilman Allen and unanimously adopted, it was #399-64 RESOLVED that, having considered the report and recommendation dated April 27, 1964 of the Water and Sewer Committee, submitted pursuant to resolution #276-64, relative to the report of Mr. Julius Pochelon, Kenower, MacArthur & Company, dated March 18, 1964, regarding a financial projection for charges of sewer service, development of adjacent areas, and personal surveys of the area, the Council does hereby determine to take no action on this matter at this time pending a further report and recommenda- tion from the Water and Sewer Committee on this subject. By Councilman Dooley, seconded by Councilman McNamara, it was #400-64 RESOLVED that, having considered a certain request from the Allied Veterans' Committee of Livonia, the Council does hereby approve and authorize advancing the sum of $1,000.00 to the Allied Veterans' Com- mittee of Livonia for the purpose of helping defray the out-of-pocket expenses to be incurred by that organization in connection with a Memorial Day parade to be held an Plymouth Road, and other activities related to such Memorial Day services; provided, however, that this authorization is subject to the following conditions (a) That the Allied Veterans' Committee file with the City a complete accounting of expenditures on or b efore June 15, 1964, indicating the saw specific purposes for which the aforesaid sum or any part thereof was used; and Page 6596 (b) That the said committee will return to the City of Livonia on or before such date any part of the aforesaid sum not expended; and provided further, that the Council does hereby request the Director of Public Safety to extend the assistance of the Police Department with respect to all matters under its jurisdiction which may be pertinent to the success of such Memorial Day activities; and for the aforesaid purpose, the Council does hereby authorize the expenditure of $1,000.00 from the Public Relations Account of the Legislative Department (Account No. 102-22) for the above purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann, Ventura and Kle inert. NAYS: None. The following resolution was offered by Councilman McCann and supported by Councilman Allen: WHEREAS, the City Council is interested in preserving the democratic ideals and principles upon which the American system of govevn- ment was founded; and WHEREAS, the Council feels the imposition of a municipal income tax upon the citizens of our community without first obtaining their consent would not be democratic, just or fair; and WHEREAS, the governing bodies of certain other communities have recently adopted local income tax laws without first obtaining an affirma- tive vote of consent by means of an election from the people of those com- munities; and WHEREAS, this Council feels that this type of tyrannical action should not be allowed to happen in the City of Livonia; THEREFORE, BE IT RESOLVED that, the City Council of the City of Livonia by a three-fifths vote of the members elect and pursuant to the authority granted by Act 279 of the Public Acts of Michigan of 1909, as amended,does hereby propose that the Livonia City Charter be amended by changing Section 1 of Chapter 8, which changed Section shall read as follows: Section 1. Power to Tax; Tax Limit. The City shall have power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City. The City shall not have the power to levy and collect an income tax by the enactment of an ordinance or in any other manner whatsoever, unless and until the majority of the ballots cast thereon at an election held for this purpose are in favor of such ordinance or action. RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected Page 6597 by this proposal, if adopted, now reads as follows: Section 1, Power To Tax; Tax Limit. The City shall have power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) percentum of the assessed value of all real and personal property subject to taxation in the City. RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows: A CITY CHARTER AYENDMENT TO PROHIBIT THE ADOPTION OF AN ORDINANCE OR ANY OTHER ACTION dHATSOEVER THAT WOULD IMPOSE A. CITY INCOME TAX WITHOUT FIRST OBTAINING THE APPROVAL OF SUCH ORDINANCE OR ACTION BY A MAJORITY OF ME BALLOTS CAST AT AN ELECTION HELD FOR THIS PURPOSE. RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment and this resolution to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing Statement of Purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as required by law. RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the (special or regular) election to be held on and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such Charter amendment to the vote of the electors as required by law. RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: ARE YOU IN FAVOR OF PROHIBITING THE ADOPTION OF AN ORDINANCE OR ANY OTHER ACTION WHATSOEVat THAT WOULD IMPOSE A CITY INCOME TAX WITHOUT FIRST OBTAINING THE APPROVAL OF SUCH ORDINANCE OR ACTION FL A MkJORITY CF THE BALLOTS CAST AT AN ELECTION HELD FOR THIS PURPOSE? YES NO RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provision altered, abrogated or affected thereby at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said election to be held on the RESOLVED FURTHER, that the City Clerk be and he is hereby ordered and directed to post within the machine booths and in the polling places in which said election is conducted a verbatim statement of said proposed mnend- ment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in con- Page 6598 nectiGn with such election as may be required by law. The President relinquished the Chair to the Vice President at 8:24 P. M., to speak on the motion. By Councilman McNamara, seconded by Councilman Kleinert, it was #401-64 RESOLVED that,having considered the letter dated April 17, 1964, from the Department of Law, submitted pursuant to resolution #118-64, re- garding a charter amendment which would require the affirmative consent of the voters of the City at an election prior to adoption of a City income tax by Ordinance, the Council does hereby table and refer this matter to the Committee of the Whole. troll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, Ventura and Kleinert. NAYS: Allen and McCann. The Vice President declared the resolution adopted. The President resumed the chair at 8:25 P.M. By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #402-64 RESOLVED that, having considered a letter dated April 21, 1964, from Benton Yates, Superintendent of Livonia Public Schools, submitted pur- suant to resolution #237-64, regarding the proposed installation of paving in front of the John Marshall School at Curtis and Whitby, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Ventura and unanimously adopted, it was #403-64 RESOLVED that, having considered the recommendation dated March 25, 1964, made by the City Planning Commission, wherein a change of zoning in the S. W. 1/4. of Section 24, was submitted by Willian N. Ponder, attorney, in behalf of Gordon-Begin Company, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Dooley, seconded by Councilman McNamara, it was #404-64 RESOLVED that, having considered the communication dated April 10, 1964,from the Personnel Director concerning proposed amendment to the Compensation Plan and more particularly amending the language contained in Section 5.2(4) and by adding thereto Section 5.2(5) as follows: 5.2 Entrance Salary Rates (4) Rate of pay on promotion: In any case where an employee is Page 6599 promoted to a class with a higher pay range, the new rate shall be at the lowest step in the higher range that will provide an increase of two steps (approximately 8%)over the rate received immediately prior to such promotion; provided that, in the case where the higher class is no more than two grades above that of the former class the increase shall not exceed one increment (about 4%). Subsequent advancement to the next successive steps within the new range shall be on the same basis as described in the following section. (5) Rate of pay upon salary or wage adjustment: In any c*se where a classification is changed to a higher salary or wage grade, employees in the classification shall be placed at the step in the new salary or wage grade which corresponds to the step at which the employee was in the previous salary or wage grade. the Council does hereby concur and approve the same. A roll call vote was taken on the foregoing resolution with the following result : AYES: Allen, Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #405-64 RESOLVED that, having considered a letter dated May 1, 1964, from William N. Ponder, attorney, in behalf of his client Mr. Nelson Dembs, re- garding the erection of certain apartments on Middlebelt Road, north of Five Mile Road, and the possible dedication of private roads within said apart- ment complex, the Council does hereby request that the Director of Public Works and the Chief Inspector of the Bureau of Inspection submit their reports and recommendations relative to same. By Councilman McNamara, seconded by Councilman Ventura and unanimously adopted, it was #406-64 RESOLVED that, having considered a letter dated May 1, 1964, from William N. Ponder, attorney, in behalf of his client, Mr. Nelson Dembs, regarding the erection of certain apartments on Middlebelt Road, north of Five Mile Road, and the possible dedication of private streets within said apartment ccmplex, the Council does hereby request that Mr. Ponder subnit an additional communication which would elaborate and clarify relief herein requested. By Counci khan Ventura, seconded by Councilman Dooley and unanimously adopted, it was #407-64 RESOLVED that, having considered a letter dated April 28, 1964, from Leona LeBar, 15315 Shadyside, Livonia, Michigan, requesting the Page 6600 erection of a fence along the north property line of City-owned property on Five Mile Road, the Council does hereby refer same to the Director of Public Works for his report and recommendation. By Councilman McCann, seconded by Councilman McNamara and unanimously adopted, it was #408-64 RESOLVED that, having considered a letter dated April 20, 1964, from the Fairway Farms Civic Association, by its president, regarding the installation of a sidewalk in front of Lot No. 25 of Fairway Farms Sub- division, the Council does hereby refer such communication to the Chief City Engineer for his report and recommendation. By Councilman McCann, seconded by Councilman Dooley and unanimously adopted, it was #409-64 RESOLVED that, having considered a letter dated April 20, 1964, from the Fairway Farms Civic Association, by its president, regarding the establishment of a 10-foot easement for a walkway, between lots #31 and #32 of Fairway Farms Subdivision, the Council does hereby refer same to the Chief City Engineer for his repro t and recommendation. The letter dated April 21, 1964, from Fairway Farms Civic Association, protesting multiple dwellings in Livonia, was received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman McNamara, it was #410-64 RESOLVED that, having considered the petition received on May 1 1964, from Phillip D.Rathbun, and in accordance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby ap- prove of dividing lots No. 20 and No. 21 of Bell Creek Farms Subdivision in the Northwest 1/4 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, so as to split lots No. 20 and No. 21 of Bell Creek Farms Subdivision into three ;ots as follows: Parcel Al the dimensions of which would be 170 feet x 176 feet; Parcel B, the dimensions of which would be 88.06 feet x 270 feet x 137.12 feet x 176 feet; and Parcel C, the dimensions of which would be 100 feet x 170 feet x 137.12 feet x 270 feet; as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference; and the City Clerk is requested to cause a certified copy of this resolution to be recorded in the office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: None. Page 6601 The President stated that the letter from the Mayor regarding wage increases for other than police and fire department personnel, and the letter from Local 192 of American Federation of State, County and Municipal Employees would be taken care of at a later time in the meeting. By Councilman Dooley, seconded by Councilman Allen, it was #411-64 RESOLVED that, having considered a letter dated April 21, 1964, from the Budget Director with regard to the necessity of overhauling a City- owned A. B. Dick Offset Duplicating Machine, the Council does hereby authorize the transfer of an appropriation in the anount of $800.00 from the Capital Outlay Account #139-70 to the Equipment Maintenance Account #139-17 of the Budget-Purchasing Budget for this purpose; and the amount of $171.20 per annum is authorized to obtain a service policy allowing quarterly main- tenance in this regard. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McCain and Kleinert. NAYS: Mc Namara and Ventura. The President declared the resolution adopted, By Councilman Dooley, seconded by Councilman McCann, it was #412-64 RESOLVED that, having considered a letter dated April 17, 1964s from the Parks and Recreation Commission, approved by the Budget Director, and approved f r submission by the Mayor, with regard to the purchase of a new mimeograph machine for the Department of Parks and Recreation, the Council does hereby authorize the expenditure of $592.00 already included in the Capital Outlay Budget of the department, as well as the expenditure of $150.00 that will be allowed as a trade-in allowance on the City's existing machine in the Department of Parks and Recreation for this purpose and does further authorize the transfer of $57.00 from the Unappropriated Surplus Account to the Capital Outlay Account of the Department of Parks and Recreation budget for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #413-64 RESOLVED that, having considered a letter dated April 20, 1964, from Rodney C. Kropf in behalf of his client K & L Development Corporation with regard to a refund of certain cash monies deposited with the City in Page 6602 connection with the development of Demmer Estates Subdivision, the Council does hereby refer same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Dooley, seconded by Councilman McNamara, it was #414-64 RESOLVED that, having considered a letter dated April 29, 1964, fram the Civil Service Commission to which is attached a job description and a proposed form contract with regard to the establishment of the classifi- cation of police dispatcher on a contractual employment basis, the Council does hereby determine that such position should not be established on a contractual basis and does further refer the matter back to the Civil Service Commission for its report and recommendation regarding the establishment of such position, or positions, as a regular Civil Service classification. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: Allen, The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman Dooley and unanimously adopted, it was #,„-64 RESOLVED that, having considered a letter dated April 24, 19642 from the Cole Building & Supply Company, wherein a request is made to erect a garage which would encroach upon a public utility easements the Council does hereby determine to deny said request for the reason that the same is not a proper matter for the Council's consideration. By Councilman Dooley, seconded by Councilman McNamara, it was #416-64 RESOLVED that, having considered a request dated April 24, 1964, from the Director of Public Safety, with regard to an appropriation of $1200.00 to cover necessary expenses involved in the attendance by a member of the Livonia Police Department at the National Police Academy sponsored by the Department of Justice of the Federal Bureau of Investigation, which classes are to be held on August 3, 1964 thrn October 21, 1964, the Council does hereby authorize the transfer cf the sum of $1200.00 from the Unap- propriated Surplus Account to the Police Administration Training Account #175-28 for this purpose; 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: Allen, Dooley, McNamara, McCann, Ventura and Kleinert. NAYS: None, At 8:46 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call, except Council- Page 6603 man Peter A. *Ventura, who was excused for the balance of the meeting. The following resolution was offered by Couhcilman McCann, supported by Councilman McNamara, and unanimously adopted. #417-64 WHEREAS, one member of the seven-man City Council of Livonia resigned May 1, 1964, his letter of resignation requesting immediate effect, the City Council at its next regular meeting on May 6, 1964„ appointed a former Councilman to fill the unexpired term; the vote on the resolution was four affirmative and two negative votes; the newly appointed Councilman took his oath of office on May 9, 1964, at approximately 1:30 P. M,; the Mayor of the City contends that the action of appointment is subject to his veto powers up to and including the time prior to the next regular meeting scheduled for May 13, 1964; BE IT RESOLVED that, the Attorney General of the State of Michigan is hereby requested to subunit his opinion on the following question: Is the appointment of a Councilman to fill a vacancy on the Livonia City Council subject to the veto powers of the Mayor? By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #418-64 RESOLVED that, having considered a letter dated April 29, 1964, from the Chief Inspector of the Bureau of Inspection and the Director of Public Works to which is attached a letter dated April 27, 1964, from the Department of Law, with regard to bond requirements for a permit allowing the erection, installation, removal or rehanging of signs, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #419-64 RESOLVED that, having considered the petition dated May 4, 4.964, from Burt Homes, Inc., by its president Irving Levine, and in accordance with Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing lots Nos. 318, 319, 320, and the north 45 feet of lot 321 of Meri Lynn Farms Subdivision No. 7 of part of the Southeast 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, into three lots each 75 feet in width and approximately 120 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 Dooley, seconded by Councilman Allen and unanimously adopted, it was Page 6604 #420-64 RESOLVED that, having considered the petition dated May 4, 1964, from Burt Homes, Inc., 16021 West McNichols, Detroit, Michigan, by Irving Levine, President, and in accordance with Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lot No. 329 of Meri-Lynn Farms Subdivision No. 7, of part of the Southeast 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, so as to add a triangular portion of the westerly side of said lot No. 329 to Lot 181 of Meri-Lynn Farms Subdivision No. 4, the dimensions of which area would be 122.15 feet x 13.10 feet, thence a straight line to the point of beginning, 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 McNamara, seconded by Councilman Allen and unanimously adopted, it was #421-64 RESOLVED that, having considered a letter received on May 5, 1964, from Mrs. Richard J. Hames, 31708 Scone, Livonia, Michigan, with regard to certain alleged free samples issued at a certain department store located in the City, the Council does hereby refer this matter to the Department of Law for its report and recommendation regarding any legal ramifications that may be involved in this matter. The following resolution was offered by Councilman Dooley, and supported by Councilman McNamara: #422-64 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: A closed drain beginning in the existing Livonia Drain #2 at Middlebelt Road and Lyndon Avenue, as established, thence westerly along Lyndon Avenue approximately 2600 feet, thence southerly approximately 3600 feet to the proposed Industrial Road. Also an arm extending easterly about 2000 feet to Middlebelt Road. Also an arm extending westerly approximately 800 feet, thence southerly about 400 feet to the established Hawkins Drain, in the City of Livonia, Wayne County, Michigan. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to b e assessed wholly against public corporations, as defined in said Chapter 20; Page 6605 AND WHEREAS, Section 486 of the said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 186. The teens of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, es tsb fishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended,which said petition, when signed shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley,McNamara, McCann and Kleinert. NAYS: Allen. The President declared the resolution adopted. By Councilman McNamara, seconded by Councilman McCann and unanimously adopted, it was #423-64 RESOLVED that, the leveling of the Curtis Avenue Parksite be referred back to the Chief City Engineer to determine what compensation the City is receiving for sand removed from the site. By Councilman Dooley, seconded by Councilman Allen, it was #4211-61t RESOLVED that, having considered a letter dated April 16, 1964, from the Department of Law concerning the possible codification of or- dinances of the City, and of the several problems involved in same, the Council does hereby determine to take no action on this matter at this time. A roll call vote was taken on the foregoing resolution with the following result: Page 6606 AYES: Allen, Dooley, McNamara and Kleinert. NAYS: McCann. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Allen and unanimously adopted, it was #1125-64 RESOLVED that, having considered a letter dated April 8, 1964, from the Lyndon Meadows Civic Association addressed to the Board of Wayne County Road Commissioners, and having also considered the report and recom- mendation dated May 6, 1964, from the Chief City Engineer, with regard to the installation of crossovers on Schoolcraft Roads the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Dooley, seconded by Councilman McNamara, it was #426-64 RESOLVED that, having considered the report and recommendation dated April 16, 1964, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #57-62, as amended by resolution #234-64, so as to reduce the bond for the remaining improvements in Golfview Meadows Subdivision to $103,000.00, of which $10,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision ; and BE lT FURTHER RESOLVED that, the proprietor herein is authorized to use an Irrevocable Letter of Credit in the amount of $93,000.00 drawn upon the Manufacturers National Bank of Detroit, in lieu of the surety bond, on such terms, conditions and forms as may be approved by the Department of Law; 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: Allen, Dooley, McNamara, McCann and Kleinert. NAYS: None. The letter dated May 6, 1964, from the Mayor regarding reducing sidewalk width to four feet in Golf view Meadows Subdivision (resolution #361-64), was received and filed for the information of the Council. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #427-64 RESOLVED that, the Council does hereby rescind and revoke the action taken by it at its regular meeting on April 29, 1964, in resolution #344-64, wherein two members were to have been appointed to review and consider recommendations made by the Citizens Research Council with regard to Charter amendments. Page 6607 By Councilman Allen, seconded by Councilman McNamara, it was #428-64 RESOLVED that, having considered the report and recommendation dated May 11, 1964, of the Finance and Insurance Committee with regard to salary and wage adjustment increases for City personnel (other than police and fire department personnel), the Council does hereby concur with the recommendations contained in said report; and the Budget Director is re- quested to submit his report on same including a separate listing of the affected accounts and the amounts necessary to institute the aforesaid recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann and Kleinert. NAYS: None. By Councilman McNamara, seconded by Councilman Allen and unanimously adopted, it was #429-64 RESOLVED that, the Director of Parks and Recreation is directed to investigate the feasibility of a swimming pool on the Henry- Ford Cen- tennial Park Field and report back to the Council on May 27, 1964. By Councilman Dooley, seconded by Councilman McNamara and unanimously adopted, it was #430-64 RESOLVED that, having considered the letter dated April 20, 1964, from the Michigan Liquor Control Commission, and the report and recommenda- tion dated May 12, 1964, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Benjamin J. Mrkva for Lawrence Cohen being added as partner with him on 1963 Class C licensed business at 14950 Middlebelt Road, Livonia, Michigan, and the City Clerk is requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman McNamara, seconded by Councilman Dooley, it was #431-64 RESOLVED that, having considered the letter dated May 11, 1964, from the City Clerk with regard to compensation to be paid to the members of the Board of Review for work performed pursuant to Chapter VIII, Section 6 of the City Charter, for the fiscal year 1963-64, the Council does hereby authorize the payment of compensation to such duly appointed members at a rate of $35.00 per day for such work performed; 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 r oll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann and Kleinert. NAYS: None. Page 6608 By Councilman Ijooley, seconded by Councilman McCann, it was #432-64 RESOLVED that, having considered the report and recommendation dated May 13, 1964, of the Chief City Engineer, as approved by the Director of Public Works with regard to the installation of "bog shoes" on the flood lighting poles at the Henry Ford Centennial Field, caused by the poor soil conditions encountered on same, the Council does hereby authorize that said installation be included as an amendment to the existing contract with the Transformer Inspection Company, Inc., which contract was authorized by resolution /239-64; and that the cost of such installation shall be based upon a cost-plus-limited basis as defined in paragraph 33 of the General Conditions of the subject contract, but that the total cost of same shall not exceed the sum of $2400.00; and the sum of $2400.00 is hereby trans- ferred from the Unappropriated Surplus to the Henry Ford Centennial Athletic Field Lighting Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Allen, Dooley, McNamara, McCann aid Kleinert. NAYS: None. On motion of Councilman Dooley, seconded by Councilman Allen and unanimously adopted, this 450th regular meeting of the Council of the City of Livonia was duly adjourned at 9:34 P.M., May 13, 1964. Addison W. Bacon,