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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-09-12 Page 5632 MINUTES OF THE THREE HUNDRED SEVENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 12, 1962, the above meeting was held at 33001 Five Mile Road, Livonia Michigan (and Bentley High School), and was called to order by the Vice President of the Council at approximately 8:00 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Edward H. McNamara, John T. Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley, Sydney B. Bagnall and James R. McCann. Absent-- None. Elected and appointed City Officials also present: Juanita Hillas, Deputy City Clerk; the City Attorney; the first Assistant City Attorney; the Director of Public Works; the Director of Public Safety; and the Chief City Engineer. By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #689-62 RESOLVED that, this regular meeting of the Council of the City of Livonia be and hereby is adjourned to Bentley High School Auditorium, 15100 Hubbard Road, Livonia, Michigan. The adjourned meeting was called to order at Bentley High School at 8:18 P. M., by the Vice President. The Council departed from the regular order of business to take care of items on the agenda on which people were waiting. By Councilman Kleinert, seconded by Councilman Parks, it was #690-62 RESOLVED that, having considered the report dated August 1, 1962, on Petition M-255, from the City Planning Commission, the Council does herein deny granting the application for drive-in theatre license at Plymouth and Levan Roads. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: Bagnall. The Vice President declared the resolution adopted. Page 5633 By Councilman Parks, seconded by Councilman Dooley, it was #691-62 RESOLVED that, Petition M-254 for permission to build drive-in theatre on Plymouth and Farmington Roads, is hereby referred back to the City Planning Commission. Councilman Daugherty questioned the legality of referring the original petition back to the Planning Commission and asked for a ruling from the Chairman. The Vice President declared the resolution in order, and Councilman Daugherty challenged the ruling of the Chair. The Vice President relinquished the chair to Councilman McCann at 8:42 P. M. A roll call vote was taken on the ruling of the Chair with the following result: AYES: Dooley, Bagnall, McNamara, Parks, Kleinert and McCann. NAYS: Daugherty. The Chairman declared the ruling of the chair is upheld. The Vice President xe sume d the chair at 8:45 P. M. A roll call vote was taken on resolution #691-62, with the following result: AYES: Dooley, Bagnall, McCann, Parks, Kleinert and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. By Councilman McCann, seconded by Councilman Daugherty, it was RESOLVED that, having considered the reports from the City Plan- ning Commission on Petition M-251, dated July 26, 1962; the Police Department dated July 2 and July 3, 1962; the Fire Department, dated June 28, 1962; and the Health Department, dated June 27, 1962; submitted in accordance with the provisions of Ordinances No. 60 and No. 193, as amended, the Council does hereby disapprove of the application for license, dated June 27, 1962, submitted by the Dennis Corporation, 35454 Elm Street, Wayne, Michigan, to operate a drive-in theatre on the property located approximately 1800 feet east of Merriman Road on Plymouth Road in the Southwest 1/4 of Section 26, City of Livonia, Michigan, for the reasons expressed in the Mayor's letter of September 12, 1962. By Councilman Dooley, seconded by Councilman Kleinert, it was RESOLVED that, the foregoing resolution be amended to add that the reason for denial is that the proposal does not comply with the Livonia Ordinance. Page 5634 A roll call vote was taken on the amendment with the following result: AYES: Dooley, Bagnall, Parks, Kleinert and McNamara. NAYS: McCann and Daugherty. The Vice President declared the amendment adopted. A roll call vote was taken on the resolution, as amended: #692-62 RESOLVED that, having considered the reports from the City Plan- ning Commission on Petition M-251, dated July 26, 1962; the Police Department, dated July 2 and July 3, 1962; the Fire Department, dated June 28, 1962; and the Health Department, dated June 27, 1962; submitted in accordance with the provisions of Ordinance No. 60 and No. 193, as amended, the latter of which ordinance provides for the licensing of drive-in theatres, the Council does hereby disapprove of the application for license, dated June 27, 1962, sub- mitted by the Dennis Corporation, 35454 Elm Street, Wayne, Michigan, to operate a drive-in theatre on the property located approximately 1800 feet east of Merriman Road on Plymouth Road in the Southwest 1/4 of Section 24, City of Livonia, Michigan, for the reasons expressed in the Mayor's letter of September 12, 1962, and because the proposal does not comply with the Livonia Ordinance. with the following result: AYES: Dooley, *Bagnall, McCann, **Daugherty, Parks, Kleinert and McNamara. NAYS: None. *Councilman Bagnall asked that it be recorded that his Yes vote is based only on the noncompliance with the Ordinance. **Councilman Daugherty asked that it be recorded that he feels that the petitioner has complied with the ordinance as written. The Vice President declared the resolution, as amended, adopted. At 9:05 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 of this meeting. By Councilman Parks, seconded by Councilman Kleinert, it was #693-62 RESOLVED that, having considered the report and recommendation dated August 2, 1962, from the City Planning Commission in regard to Petition No. Z-565, as submitted by Irving Stollman, for change of zoning in the Northeast 1/4 of Section 1 from RUFB to C-2, the Council does hereby concur with the recommendation of the City Planning Commission and Page 5635 Petition No. Z-565 is hereby approved and granted; and the City Planner is 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. The Vice President relinquished the chair to Councilman McCann at 9:32 P. M., to speak on the motion and resumed the chair at 9:35 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Parks, Kleinert and McNamara. NAYS: Bagnall, McCann and Daugherty. The Vice President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Bagnall, it was #694-62 RESOLVED that, the Council does hereby authorize the purchase of the following described parcels : Parcel No. 1 (Adams Park Site) Part of the South 1/2 of Section 24, described as beginning at a point on the North and South 1/4 line distant South 0 degrees 0 minutes 35 seconds East 708.91 feet from the center quarter corner of Section 24, Town 1 South, Range 9 East, proceeding thence South 89 degrees 39 minutes 14 seconds East 655.85 feet; thence South 0 degrees 23 minutes 30 seconds West 300 feet; thence North 89 degrees 39 minutes 14 seconds West 817.62 feet; thence North 0 degrees 7 minutes 35 seconds West 283.15 feet; thence North 89 degrees 52 minutes 25 seconds East 123.85 feet; thence North 68 degrees 34 minutes 3 seconds East 43.63 feet to the point of beginning, containing 5.585 acres more or less excepting therefrom that part lying within Harrison Avenue as recorded in Compton Village Subdivision in Liber 85, Pages 31 and 32 of Plats, Wayne County Records; Parcel No. 2 (Harrison Park Site) That part of the Northwest 1/4 of Section 24, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the East and West quarter line of said Section 24, distant 89 degrees 31 minutes 28 seconds East 1319.93 feet from the West quarter corner of Section 24, Town 1 South, Range 9 East and proceeding thence North 0 degrees 0 minutes 45 seconds East 466.66 feet to a point on the Easterly line of Patti Ann Subdivision, Liber 82 Page 76, Wayne County Records, thence South 89 degrees 47 minutes 25 seconds East 655.22 feet along the South property line of Livonia Public School Site Subdivision to West line of Dutch Mill Gardens Subdivision, Liber 68, Page 70 of Wayne County Records; thence South 0 degrees 4 minutes 0 seconds East 469.70 feet along the West line of Dutch Mill Gardens Subdivision, Page 5636 Liber 68, Page 70 of Wayne County Records; thence North 89 degrees 31 minutes 28 seconds West 655.89 feet along East and West quarter line of said Section to point of beginning, containing 7.046 acres; on the following terms and conditions: with respect to Parcel No. 1 (Adams Park Site) for a down payment of $10,833.00 with the balance of $19,455.00 payable in two annual installments together with interest of 6% on such unpaid balance; and with respect to Parcel No. 2 (Harrison Park Site) for a down payment of $13,667.00 with the balance of $24,545.00 pay- able in two equal annual installments together with interest on such unpaid balance of 6%; and provided further, that the Council does hereby authorize the Mayor and City Clerk to execute land contracts for the purchase cf such property on the above terms and conditions subject to the prior approval of the Department of Law as to form and as to the inclusion of any other conditions not inconsistent with the above which may be necessary in order to protect the interest of the City, and the Mayor and City Clerk and the Department of Law are herein authorized to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Parks, seconded by Councilman Kleinert, it was #695-62 RESOLVED that,having considered the report and recommendation dated July 30, 1962, from the City Planning Commission in regard to Petition No. Z-557 as submitted by Max Weingarden for change of zoning in the South- east 1/4 of Section 35 from RUFB to P-i and PS, the Council does hereby concur with the recommendation of the City Planning Commission and Petition No. Z-557, as amended by City Planning Commission resolution #6-124-62, adopted on June 19, 1962, is hereby approved and granted; and the City Planner is instructed to cause the necessary map for publication to be pre- pared 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: Dooley, Bagnall, McCann, Parks, Kleinert and McNamara. NAYS: Daugherty. The Vice President declared the resolution adopted. By Councilman Dooley, seconded by Councilman Parks, it was RESOLVED that,having considered the communication dated Septem- ber 5, 1962s from the Wayne County Drain Commissioner regarding a return of $68,531.54 from surplus funds remaining after the final payment of certain drain bonds to the City of Livonia, and having considered also the agree- ment attached thereto in connection with such matter, approved as to form Page 5637 by the Wayne County Prosecuting Attorney under date of August 15, 1962, and having considered the recommendation of the Department of Law in connection with such agreement, the Council does hereby authorize the Mayor and City Clerk to execute such agreement for and on behalf of the City of Livonia; provided, however, that paragraph 3 of such agreement is first modified so as to limit the possible liability of the City to an amount not exceeding the sum first set out above. By Councilman Kleinert, seconded by Councilman Dooley, it was RESOLVED that, the foregoing resolution be amended to add that the sum of $68,531.54, or any other amount received from the Wayne County Drain Commissioner as a refund from surplus funds be retained solely for the payment of obligations incurred by the City in the improvement and in- stallation of the new Middle Rouge Interceptor. A roll call vote was taken on the amendment with the following result: AYES: Dooley, Bagnall, Kleinert and Mc Namara. NAYS: McCann, Parks and Daugherty. The Vice President declared the amendment adopted. A roll call vote was taken on the resolution, as amended: #696-62 RESOLVED that, having considered the communication dated Septem- ber 5 1962, from the Wayne County Drain Commissioner regarding a return of $68,531.54 from surplus funds remaining after the final payment of drain bonds to the City of Livonia, and having cons idered also the agree- ment attached thereto in connection with such matter, approved as to form by the Wayne County Prosecuting Attorney under date of August 15, 1962, and having considered the recommendation of the Department of Law in connection with such agreement, the Council does hereby authorize the Mayor and City Clerk to execute such agreement for and on behalf of the City of Livonia; provided, however, that paragraph 3 of such agreement is first modified so as to limit the possible liability of the City to an amount not exceeding the sum first set out above; and that the sum of $68,531.54, or any other amount received from the Wayne County Drain Commissioner as a refund from surplus funds be retained solely for the payment of obligations incurred by the City in the improvement and installation of the new Middle Rouge Interceptor. with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #697-62 RESOLVED that, the matter of the Bakewell Drain, Castle Gardens Improvement Bonds, referred to in the letter from the Chief City Engineer, Page 5638 dated September 11, 1962, be referred to the Water and Sewer Committee of the Council and that a representative of the firm of Hubbell, Roth & Clark be requested to attend such meeting, together with Mr. John Hiltz, the Chief City Engineer, and the subdivider involved. By Councilman Kleinert, seconded by Councilman Dooley and unanimously adopted, it was #698-62 RESOLVED that, the minutes of the 376th regular meeting of the Council of the City of Livonia held on August 29, 1962, are hereby approved. The letter dated September 12, 1962, from the Mayor re: Drive-In Theatres was received and placed on file. The letter dated September 12, 1962, from the Mayor re: the Bakewell Drain was received and filed. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #699-62 RESOLVED that, the recommendation on bids for Heating Vehicle Maintenance Garage be tabled pending receipt of a report from the Budget Director relative to the issuance of a previous purchase order dealing with the same subject, such report to be submitted at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #700-62 RESOLVED that, having considered the communication dated July 30, 1962, from The Bonadeo Corporation regarding modification of improvements in Woodcreek Farms Subdivision, and the recommendation of the Chief City Engineer in connection therewith, dated September L , 1962, and pursuant to authority reserved by Section 13 of Ordinance No. 135, as amended, the Council does hereby authorize the location of four foot sidewalks in the aforesaid subdivision immediately adjacent to street curbs in lieu of the ordinary location of sidewalks one foot off the property line; and in view of the fact that the subdivider is preserving a large number of trees in this subdivision, the Council does further relieve the proprietor of the obligation to deposit funds in the "Tree Fund" as required by Section 13 of Ordinance No. 135, as amended. By Councilman Kleinert, seconded by Councilman Parks, it was #701-62 RESOLVED that, having considered the report and recommendation dated August 9, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of resolution #175-62, adopted on March 12, 1962, so as to reduce the bond for remaining improvements in Woodcreek Farms Subdivision to $36,500.00, of Page 5639 which at least $3,650.00 shall be in cash, to cover the cost of remaining improvements in said subdivision; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: vooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #702-62 RESOLVED that, the letter dated August 31, 1962, from Burt Homes, Inc., be tabled pending further information from the developer. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #703-62 RESOLVED that, the communication dated August 28, 1962, from the Department of Law, submitted pursuant to resolutions #192-61 and #158-62, transmitting certain alternate proposals from the owner of the right-of-way adjacent to the Tyler School is hereby referred to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Dooley, seconded by Councilman McCann, it was #701 -62 RESOLVED that, the roll call vote on the ordinance amending Section 10 of Ordinance No. t, introduced August 29, 1962, be tabled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Parks and McNamara. NAYS: Daugherty and Kleinert. The Vice President declared the resolution adopted. By Councilman Dooley, seconded by Councilman McCann, it was RESOLVED that, the matter of the amendment to Section 10 of Ordinance No. 4 is hereby referred to the Legislative Committee. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley and McCann. NAYS: Bagnall, Daugherty, Parks, Kleinert and McNamara. The Vice President declared the resolution denied. Page 5610 By Councilman Dooley, seconded by Councilman McCann and unanimously adopted, it was #705-62 RESOLVED that, the roll call vote on the Ordinance amending Section 10 of Ordinance No. 4, be taken from the table for consideration by the Council at this time. An Ordinance to Amend Section 10 of Ordinance No. 4 of the City of Livonia entitled "An Ordinance Providing for the Licensing and Regulation of Parking Lots," introduced on August 29, 1962, by Councilman Dooley, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McCann and Daugherty. NAYS: Dooley, Bagnall, Parks, Kleinert and McNamara. The Vice President declared the Ordinance denied. An Ordinance Vacating Portions of Street, Alley and Public Ground, (Petition V-67), introduced on August 8, 1962, by Councilman Kleinert was taken from the table and a roll call vote conducted thereon with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. The Vice President declared the Ordinance duly adopted and would become effective on publication. An Ordinance Amending Section 11 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 3.332, introduced on July 25, 1962, by Councilman Kleinert, was taken from the table and a roll call vote conducted thereon with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks and Kleinert. NAYS: McNamara. The Vice President declared the foregoing Ordinance duly adopted and would become effective on publication. Page 5641 Councilman Bagnall introduced the following Ordinance: AN ORDINANCE TO PROVIDE FOR THE MAKING OF PUBLIC IMPROVEMENTS, DEFRAYING THE EXPENSE THEREOF BY SPECIAL ASSESSMENT AND A SPECIAL ASSESSMENT PRO- CEDURE. THE CITY OF TIVONIA ORD LTTE: ARTICLE I TITLE AND PURPOSE Sectio} 1.01. Title. This ordinance shall be known and cited as the "Special Assessment Procedure Ordinance." Section 1.02. Purpose. The purpose of this ordinance is to prescribe by general ordinance, in accordance with Chapter VIII, Section 17 of the City Charter, a complete special assessment procedure concerning the initiation of projects, plans and specifications, estimates of cost, notice of hearings, the making and confirming of the assessment rolls and the correction of errors therein, the collection of special assessments, and any other matters concerning the making of improvements by the special assessment method. ARTICLE II DEFINITIONS Section 2.01. Definitions. The following terms when used in this ordinance shall have the respective meanings as set forth in the definitions given below: (a) "Cost." The term "cost" as used in this ordinance, when referring to the cost of any improvement, shall include the cost of surveys, plans, right-of-ways, spreading of rolls, notices, advertising, financing and con- struction and all other costs incident to the making of such improvement, the special assessments therefor and the financing thereof. (b) "Deficiency." The term "deficiency" shall mean the sum by which the amount spread on the roll to be collected,without interest, is less than the actual total cost of the improvement. (c) "Director." The term "Director" shall mean the Director of Public Works of the City of Livonia. (d) "Engineer." The term "engineer" shall mean the Engineer of the City of Livonia. (e) "Excess." The term "excess" shall mean the sum by which the amount spread on the roll to be collected, without interest, is greater than the actual total cost of the improvement. (f) "Improvement." The term "improvement" as used in this ordinance shall mean any public improvement, any part of the cost of which is to be assessed against one or more lots or parcels of land to be especially benefited thereby, in proportion to the benefit to be derived therefrom. Page ,612 (g) "Lot or Parcel of Land." The term "lot or parcel of land" shall mean any subdivision lot or portion thereof as officially platted, or any unplatted parcel of land as may be described upon any official records. (h) "Owner." The term "owner" shall mean the last recorded title holder of any lot or parcel of land, or the person whose name is last listed upon the city tax roll as owner of a certain lot or parcel of land. (i) "Person." The word "person" shall mean and include an individual, group, partnership, firm, association, corporation or congregation. (j) "Sidewalk." The term "sidewalk" shall mean the portion of the street right-of-way designated and to be improved for pedestrian travel. (k) "Words." Single words shall include the plural, and masculine words shall include the feminine and the neuter. ARTICLE III IMPROVEMENT PROCEDURE Section 3.01. Power to Make Special Assessments. The Council shall have power to determine the necessity of any local or public improvement and to determine by resolution that the whole or any part of the cost or expense of any such improvement shall be defrayed by special assessment upon the property especially benefited pro- portionate to the benefits derived or to be derived. Section 3.02. Commencement of Special Assessment Proceedings. The Council, in order to ascertain whether or not a reasonable number of property owners to be assessed desire any particular improvement to be made, may request and receive a petition therefor, or may receive such a petition voluntarily presented; but in either event, such petition shall be advisory only and shall not be jurisdictional. Section 3.03. Report of City Engineer. Before determing to make any improve- ment, any part of the cost of which is to be defrayed by special assessment, the Council shall require the Engineer to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels awned by public authorities, the number of parcels which are vacant and to prepare and 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 recommendation as to what proportion of the cost should be paid by special assess- ment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district. Section 3.04. First Public hearing. After such filing, a public hearing shall be held before the Council which hearing shall be held not less than ten (10) days after notice of the time and place thereof has been published and sent by the City Clerk by first class mail to all property owners in the proposed district as shown by the current assessment roll of the City. At the time and place specified in such notice for the public hearing, the Council shall meet and hear any person to be affected by the proposed public improvement. The hearing may be adjourned from time to time by the Council. Page 56)43 Section 3.05. Council Determination. After said public hearing, the Council may by resolution determine to make the improvement and to defray the whole or any part of the cost of the improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived. By such resolution the Council shall approve the plans and specifications for the improvement; determine the estimated cost thereof; determine what proportion of such cost shall be paid by special assessment upon the property especially benefited and what part, if any, shall be a general obligation of the City; determine the number of installments in which assessments may be paid; determine the rate of interest to be charged on installments, not to exceed six per cent (6%) per annum; designate the district or land and premises upon which special assessments shall be levied; and direct the City Assessor to pre- pare a special assessment roll in accordance with the Council 's determination. Section 3.06. Preparation of Special Assessment Roll. The City Assessor shall thereupon prepare a special assessment roll including all lots and parcels of land within the special assessment district designated by the Council, and shall assess to each such lot or parcel of land, such relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to such lot or parcel of land bears to the total benefits to all lands in such district. There shall also be entered upon such roll the amount which has been assessed to the City at large. Section 3.07. Filing of Special Assessment Roll. When the City Assessor shall have completed such assessment roll, he shall attach thereto, or endorse thereon, his certificate to the effect that said roll has been made by him pursuant to a resolu- tion of the Council adopted on a given date and that in making the assessments therein he has, as near as may be, according to his best judgment, conformed in all respects to the directions contained in such resolution, and to the City Charter and the provisions of this ordinance. Thereupon he shall file said special assessment roll with the City Clerk who shall present the same to the Council. Section 3.08. Second Public Hearing. Upon receipt of such special assessment roll, the Council shall order it filed ih the office of the City Clerk for public examination; shall fix the time and place when it will meet and review such roll, which meeting shall be held not less than ten (10) days after notice thereof has been sent by the City Clerk by first class mail to all property owners in the proposed district as shown by the current assessment roll of the City. Such notice shall specify the time and place of such meeting. The Council may, in its discretion, publish notice of said meeting not less than ten (10) days prior to date of said meeting. Section 3.09. Objections to Special Assessment Roll. Andy person deeming himself aggrieved by the special assessment roll may file his objections thereto in writing with the City Clerk prior to the close of such hearing, which written ob- jections shall specify in what respect he deems himself aggrieved. Section 3.10. Confirmation of Special Assessment Roll. The Council shall meet and review the said special assessment roll at the time and place appointed, or at an adjourned date therefor, and shall consider any written objections thereto. The Council may correct said roll as to any assessment or description of any lot or parcel of land, or other errors appearing therein. Any changes made in such roll shall be noted in the Council's minutes. After such hearing and review, the Council may confirm such special assessment roll with such corrections as it may have made, if any, or may refer it back to the City Assessor for revision or may annul it and any proceedings in connection therewith. No original special assessment roll shall be finally confirmed except by the affirmative vote of six (6) of the members of the Council if prior to Page 5644 such confirmation written objections to the proposed improvement have been filed by the owners of property which will be required to bear more than fifty per cent (50%) of the amount of such special assessment. The City Clerk shall endorse the date of confirmation upon each special assessment roll. Such roll shall, upon confirmation, be final and conclusive. ARTICLE IV STREET LIGHTING PROCEDURE Section 4.01. Assessment District for Street Lighting and Similar Services. All improvements consisting of the construction, installation, maintenance and operation of systems, facilities and equipment for street lighting or other similar services shall be accomplished pursuant to the Improvement Procedure provisions provided under Article III of this ordinance, except and provided, however, that where such con- struction or installation is performed by the Detroit Edison Company, or some other public utility company, and the ccs t thereof is not charged to the City or the users of the service, then in such case: (a) the report and recommendation of the City Engineer, which may be required under Section 3.03 of Article III of this ordinance, shall omit all information as to cost of construction and shall include all other information required by said Section 3.03 together with such schedules of existing rates and services charges as may be submitted to the City by the Detroit Edison Company or other public utility; and the Council, in acting on such report pursuant to Section 3.05 of Article III of this ordinance shall consider only such matters as are required by this subsection (a); (b) neither the whole or any part of such cost of construction shall be assessed against any property within the proposed special assessment district; (c) the regular, approved rates for such service, as charged to the City, less the amount thereof constituting a general obligation of the City, shall be annually assessed upon the property especially benefited, as provided in Sections 3.05, 3.06 and 3.10 of Article III of this ordinance; (d) prior to maturity, no interest shall be charged on assessments made pursuant to subsection (b) of this section, but thereafter interest and collection fees shall be charged as provided in Section 3.05 of Article III and Section 6.06 of Article VI of this ordinance; (e) the provisions of Section 6.02 of Article VI of this ordinance limiting annual installments to twenty (20), and the provisions of Section 6.01 of Article VI, and all other sections of this ordinance which are inconsistent with or contrary to the intent of this section, are hereby made and declared to be inapplicable to all assessments made under this section; and (f) the Department of Public Works is hereby authorized to adopt reasonable rules and regulations governing the administration of this secti on. Page 5645 ARTICLE V SINGLE LOT ASSESSMENT PROCEDURE Section 5.01. Assessing Single Lots. When any expense shall have been incurred by the City for the construction, rebuilding or repair of sidewalks, or upon or in respect to any separate or single lot, parcel of land or lands, or premises, which expense is chargeable against the same and the owner thereof under the provisions of the City Charter, the ordinances of the City, including this ordinance, or the laws of the State of Michigan, and which is not of that class required to be prorated among several lots and parcels of land in a special assessment district, an account of the labor, material or services for which such expense was incurred, verified by the Director of Public Works, with a description of the lot and the name of the owner, if known, shall be reported to the City Treasurer who shall immediately charge and bill the owner, if known. Such bill shall be sent by first-class mail to the owner of the property to be assessed and such bill shall notify said owner of the time of the meeting of the City Council, not sooner than thirty (30) days thereafter, when the Council will meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the sane are paid prior to the date of such meeting. At such meeting the City Council shall adopt a special assess- ment resolution covering each lot or parcel of land for which such charges have not been theretofore paid in full. As many separate lots or parcels maybe included in a single resolution as shall be convenient. Upon adoption of such resolution, the Council may authorize installment payments, and if installment payments are authorized, shall determine the number of installments and the rate of interest to be charged thereon, but not to exceed six per cent (6%) per annum. Immediately after such resolution shall have become effective, the City Clerk shall give notice of the several amounts so determined to the several persons chargeable therewith. Such notice shall be sent by first-class mail to the last known addresses of such persons as shown on the most current general assessment roll of the City, or by publication in the official newspaper and by posting upon the official public bulletin board of the City. Such notice shall state the basis of the assessment, and the amount thereof, and shall give a reasonable time, not less than thirty (30) days, within which payment shall be made to the City Treasurer. In all cases where payment is not made within the specified time, the fact shall be reported by the City Treasurer to the City Asseseor who shall charge such amounts, together with a penalty of ten per cent (10%) of such amounts, against the persons or real property chargeable therewith, on the next general tax roll. Section 5.02. General Improvement Procedure Inapplicable. The special assessment resolution shall be treated as and shall constitute a special assessment roll and the adoption of such resolution shall correspond to the confirmation of a special assessment roll. The provisions of the preceding sections of this ordinance with reference to special assessments generally and the proceedings necessary to be had before making the improvements shall not apply to assessments contemplated under the above and preceding section. The following sections of this ordinance, however, shall be applicable to single lot assesenents. ARTICLE VI LIEN CRiiATED; INSTALLMENTS; COLLECTION AND ENFORCEMENT Section 6.01. Attachment of Lien. All special assessments contained in any special assessment roll, including any part thereof deferred as to payment, shall from the date of confirmation of such roll, constitute a lien upon the respective lots or Page 5646 parcels of land assessed and until paid shall be a charge against the respective parcels of land assessed and until paid shall be a charge against the respective owners of the several lots and parcels of land and a debt to the City from the persons to whom they are assessed. Such lien shall be of the same character and effect as the lien created by the City Charter for City taxes and shall include accrued interest and penalties. No judgment or decree, nor any act of the Council vacating a special assess- ment, shall destroy or impair the lien of the City upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by a regular mode of proceeding might be lawfully assessed thereon. Section 6.02. Due Date. All special assessments shall become due upon con- firmation of the special assessment roll or in annual installments not to exceed twenty (20) in number as the Council may determine at the time of confirmation, and, if in installments, the Council shall also determine the due date of the first and subsequent installments on the special assessment roll. Section 6.03. Dividing of Roll into Installments; Notice by Treasurer Regarding Payment. After confirmation of the assessment roll, the Assessor shall divide such assessment roll into such number of equal installments as shall have been fixed by the Council; provided that if such division operates to make any installment less than Ten Dollars ($10.00) then the Assessor shall reduce the number of installments so that each installment shall be above and as near to Ten Dollars ($10.00) as possible. The assessment roll shall be transmitted by the City Assessor to the Treasurer for collection immediately after its confirmation. The Treasurer shall give notice by one publication in the official newspaper or any newspaper of general circulation within the City that said special assessment roll (identifying it) has been filed in his office and specify- ing when and where payments may be made thereon. He may mail statements of the several assessments to the respective owners, as indicated by the records of the Assessor, of the several lots and parcels of land assessed, stating the amount of the assessment and the manner in which it may be paid; provided, however,that failure to mail any such statement shall not invalidate the assessment or entitle the owner to an extension of time within which to pay the assessment. Section 6.04. Payment Without Penalty. The whole or any part of any such assessment may be paid during the period of sixty (60) days from the date of confirma- tion of the special assessment roll without interest or penalty. Section 6.05. Spreading of Assessment upon Citr Tax Roll; Billing; Interest Charges. The first installment shall be spread upon the ity tax roll in a column headed "Special Assessments," together with interest upon all unpaid installments from the date of the confirmation of the roll to the first day of December of the year in which such tax roll is made; provided, that any fraction of a month shall be considered as a full month; provided, further, that if the date of the conformation of said roll is subsequent to the first day of August; the interest charged thereunder shall be billed the first day of December of next year following in which such tax roll is made. Thereafter one installment shall be spread upon each annual tax roll, together with one year's interest upon all unpaid installments; provided, that when any annual in- stallment shall have been prepaid as hereinafter provided, then there shall be spread upon the tax roll for such year only the interest upon all unpaid installments; provided, further, however, that if the improvement for which the special assessment is being made is not to be financed by the issuance and sale of bonds in anticipation of said special assessments then the Council may by resolution waive the requirements above set forth for the charging of interest until such time as said improvement has been commenced, installed or completed or until such time as the Council may determine the interest charge shall commence on said special assessment district. Page 5647 Section 6.06. Collection Fee on Overdue Payments. After each installment has been placed on the tax rolls, the same shall be collected by the Treasurer with the same rights and remedies, and the same penalties and interest, as provided in the Charter for the collection of taxes. On the 1st day of the 3rd month following due dates the Treasurer shall add to all assessments or installments paid on the 1st day of the 3rd month and thereafter a collection fee of one per cent (1%) of the amount of the assessment, and on the 1st day of each succeeding month he shall add an ad- ditional one-half (1/2) of one per cent (1%) as a collection fee. All collection fees shall belong to the City and be collectible in the same manner as the collection fee on city taxes. Section 6.07. Advance Payment of Installments. After the expiration of the sixty (60) day period provided for in Section 6.01 of Article VI of this ordinance, any installment which has not been spread upon the tax rolls may be discharged by paying the face amount thereof plus interest thereon to date of payment. Any person desiring to pay such installment in advance shall first secure the proper statement from the Assessor to permit the Treasurer to compute the amount to be paid. The Treasurer shall report to the Assessor all advance payments on installments so that the Assessor shall have such information before spreading installments on the next city tax roll. Section 6.08. Additional Remedies to Enforce Collection. In addition to any other remedies and without impairing the lien therefor, any delinquent special assess- ment, together with interest and penalties, may be collected in an action in assumpsit in the name of the City against the person assessed, in any court having jurisdiction of the amount. If in any such action it shall appear that by reason of any irregular- ities or informalities the assessment has not been properly made against the defendant or upon the premises sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred by the City which is a proper charge against the defendant or the premises in question, render judgment for the amount properly charge- able against such defendant or upon such premises. ARTICLE VII REBATE; ADDITIONAL ASSESSMENTS; REASSESSMENTS Section 7.01. Certification of Actual Cost. Upon completion of the improve- ment and the payment of the cost thereof, the City Engineer shall certify to the Council the total cost of said improvement, together with the amount of the original roll for said improvement. Section 7.02. Where Assessment Roll is more than Sufficient or Pro Rata Refund. The excess by which any special assessment proves larger than the actual cost of the improvement and expenses incidental thereto may be placed in the general fund of the City if such excess is five per cent (5%) or less of the assessment as determined immediately after the completion of the improvement when actual total costs have been determined, but should the assessment prove larger than necessary by more than five per cent (5%) the entire excess shall be refunded on a pro rata basis to the owners of the property assessed. Such refund shall be made by credit against future unpaid installments in the inverse order in which they are payable to the extent such in- stallments then exist and the balance of such refund shall be in cash. No refunds may be made which contravene the provisions of any outstanding evidence of indebted- ness secured in whole or part by such special assessment. Page 5648 Section 7.03. Where Assessment Roll is Insufficient' Deficiency Assessments. Should the assessments in any special assessment roll including the amount assessed to the City at large, prove insufficient for any reason to pay the cost of the improvement for which they were made, then the Council shall make additional assessments against the City and the several lots and parcels of land in the same ratio as the original assessments to supply the deficiency; but the total amount assessed against any lot or parcel of land shall not exceed the value of the benefits received from the improvement, provided, that the additional pro rata assessment shall not exceed twenty-five per cent (25%) of the assessment as originally confirmed unless a meeting of the Council be held to review such additional assessment, for which meeting notices shall be mailed as provided in the case of review of the original special assessment roll. Section 7.04. Reassessment in Event of Illegality. Whenever any special assessment shall, in the opinion of the Council, be invalid by reason of irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the Council shall, whether the improvement has been made or not, or whether any part of the assessment has been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment; and whenever the assessment, or any part thereof, levied upon any premises has been so set aside, if the same has been paid and not refunded, the payment so made shall be applied upon the reassessment and the reassessment shall to that extent be deemed satisfied. ARTICLE VIII MISCELLANEOUS PROVISIONS Section 8.01. Cost of Acquiring Property Added. Whenever any property is acquired by condemnation or otherwise for the purpose of any public improvement, the cost thereof and the proceedings required to acquire such property may be added to the cost of such improvement. Section 8.02. Land Acquired by Condemnation for Public Improvement. Whenever it shall be necessary to condemn land or other property to be used as or as part of a public improvement the proceedings to condemn such land or other property shall not be deemed to be either the determination to make or acquire the commencement of, or the making or acquiring of such improvement, provided, however, that in all cases where a verdict of necessity has been rendered and awards for damages made in condemnation pro- ceedings and the verdict of the jury shall have been confirmed the Council may, if it believes that a portion of the city in the vicinity of the proposed improvement for which said private property has been condemned will be especially benefited by such improvement, at any time thereafter determine that the whole or any proportion of the compensation awarded by the jury, together with the expenses of the proceedings, shall be assessed upon the owners and occupants of real estate deemed to be thus benefited, and may thereupon or thereafter proceed to determine the district benefited to create a special assessment district thereof and specify the amount to be assessed upon the owners or occupants of the taxable real estate in such assessment district, all in accordance with the provisions of the City Charter and this ordinance for the levying and the collection of a special assessment. Section 8.03. Waiver of Notice and Proceedings. The owner or owners of record of any lot or premises may at any time execute in writing "Waiver of notice and proceed- ings" and file the same with the Council waiving any or all notice of hearing and other Page 5649 proceedings required hereunder and authorize the Council to make such special assessment as the Council may determine against said owners and their property without further notice. The Council may thereupon by resolution authorize the improvement. Any special assessment so made shall upon confirmation of the assessment by the Council be considered the same as any other special assessment formally made hereunder notwithstanding the omission of any notice of proceeding so waived. Section 8.04. Failure to Receive Notice. Failure of any owner to receive any notice required to be sent under the provisions of this ordinance shall not invalidate any special assessment or special assessment roll if notice as required under the pro- visions of this ordinance shall have been given in the manner required by this ordinance. Section 8.05. Contested Assessments. Except and unless notice is given to the City Council in writing of an intention to contest or enjoin the collection of any special assessment for the construction of any public improvement, the construction of any side- walk improvements, or the removal of any public hazard or nuisance, within thirty (30) days after the date of the meeting of the Council at which it is finally determined to proceed with the making of the improvement in question, which notice shall state the grounds on which the proceedings are to be contested, no suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the col- lection of such special assessments, and regardless of whether or not any public improve- ment is completed in any special assessment district, no owner of real property located in such district shall be entitled to commence any suit or action for the purpose of contesting or enjoining the collection of any such special assessments after he has received the benefits from the substantial completion of that portion of such public improvement for which he is assessed. In no event shall any person be entitled to contest or enjoin the collection of any special assessment after the date of the meeting of the Council at which the special assessment roll is confirmed. ARTICLE IX REPEAL AND VALIDITY Section 9.01. Severability. If any section, paragraph,clause or provisions of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provisions shall not affect any of the other provisions of this ordinance. Section 9.02. Repeal. Ordinances No. 31, No. 46, No. 65, No.73, No. 11. 2, No. 153 and No. 161, are hereby repealed as of the date that this ordinance becomes ef- fective, and all ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect; provided, however, said repeal shall not in any way affect special assessment districts previously created pursuant to the provisions of Ordinance No. 31, as amended, nor shall said repeal discontinue, abate, modify, or alter any special assessment district in the process of being created as of the effective date of this ordinance, and all special assessment districts heretofore created or now in the process of being created are amended to conform to the provisions of this ordinance; nor shall said repeal dis- continue, abate, modify or alter any penalty accrued or to accrue, or waive any right of the City of Livonia under section or provision of ordinances herein repealed exist- ing at the time of the passage of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Page 5650 By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #706-62 RESOLVED that, the communication dated August 21, 1962, from the Director of Public Safety transmitting a Master Street Lighting Program, pursuant to resolution #220-62, is hereby referred to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #707-62 RESOLVED that, having considered the report and recommendation dated July 27, 1962, from the City Planning Commission in regard to Petition No. Z-56L, initiated by the City Planning Commission for change of zoning in the Northwest 1/4 of Section 17 from RM to RLA, the Council does hereby concur with the recommendation of the City Planning Commission and Petition No. Z-564 is 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. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #708-62 RESOLVED that, the communication dated August 21, 1962, from Bernard Edelman of Tomorrows Homes, Inc., 13101 W. Seven Mile Road, Detroit 35, Michigan, regarding the status of Hix Road south from Seven Mile Road, is hereby referred to the Engineering Division for its report and recom- mendation. ecom- mendat Lon. The following resolution was offered by Councilman Daugherty and supported by Councilman Kleinert: #709-62 WHEREAS, under Section 131C of Act 206, Public Acts of 1893, as amended, the owners are permitted to further redeem properties of which the State becomes the owner on May 1, 1962; and WHEREAS, the municipalities in which the properties are located must approve the application of the owner to pay the 1962 and prior years' texas; and WHEREAS, the convenience of the taxpaying public demands that the information be obtained and arrangements to pay said taxes be accomplished in one office; NOW, THEREFORE, BE IT RESOLVED: 1. That Harold E. Stoll, Wayne County Treasurer, is, by this resolution, authorized to act as representative and agent of the City Page 5651 of Livonia for the purpose of approving the application of the property owners to pay the 1962 and prior years' taxes and accept the necessary monies, the same to be forwarded to Lansing, Michigan, by him; 2. That the County Treasurer is further authorized by the City of Livonia, to request of the Department of Conservation, Lands Division, the withholding of properties from the auction sale, provided that sufficient monies are deposited with the County Treasurer to effect redemption; 3. That the County Treasurer is to periodically report to the City of Livonia the properties withheld by him and that this Board (Council) is in turn to confirm said withholdings of the County Treasurer with notice of same to the Department of Conservation, Lands Division; 4. That a certified copy of this resolution be mailed to the Department of Conservation, Lands Division, attention of Robert K. Clark; and to the Wayne County Treasurer, attention of C. Kelley. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Parks, seconded by Councilman Dooley and unanimously adopted, it was resolved that #710-62 WHEREAS, the Livonia Police Officers Association will host a Drum and Bugle Corps competition at Bentley High Stadium on Sunday, Septem- ber 23, 1962, at 7:30 P. M., with all performing units participating in a marching parade at 5:30 P. M., prior to such contest, on Five Mile Road, between Farmington and Hubbard Road, NOW, THEREFORE, BE IT RESOLVED that, the Council of the City cf Livonia does hereby commend the Livonia Police Officers Association for its interest and effort in hosting such competition and does hereby take this means of informing and encouraging the citizens of this community to attend such parade and competition. By Councilman Parks, seconded by Councilman Daugherty, it was #711-62 RESOLVED that, having considered the communication and recom- mendation dated August 23, 1962, from the Civil Service Commission, the Council does hereby concur with the recommendation that there be established a premium pay of 5% of gross pay for those employees who may be assigned to an afternoon shift for equipment maintenance, lubrication and fueling in of vehicles in the Operations Division of the Department of Public Works. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann,Daugherty, Parks, Kleinert and McNamara. NAYS: None. Page 5652 Councilman McCann introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 7 QF ORDINANCE NO. 41, KNOdN AND CITED AS THE "TREE AND SHRUB ORDINANCE" OF THE CITY OF LIVONIA THE CITY OF LIVONIA ORDAINS: Section 1. Section 7 of Ordinance No. 41 of the City of Livonia entitled "Tree and Shrub Ordinance," is hereby amended to read as follows: Section 7. Fees and Deposits Every application shall be accompanied by a fee of Three Dollars 43.00) and such cash deposit as may be required by the Department under this ordinance. The Department is authorized to determine the amount of such cash deposit, which amount shall include: (a) the value of all trees, shrubbery and plants sought to be removed or destroyed under such application; and (b) the cost of repairing all damage caused by the operation for which a permit is sought and in restoring the particular public place involved to the same condition as existed im- mediately prior to the performance of such operation. L. Notwiths tandin ; the above, no fee, cash deposit or insurance shall be required in those cases where a resident or residents of the City ap- plies for a permit or permits to plant a tree or trees at his or their own expense in the public right-of-way between the sidewalk and curb in front of such existing residence. However, in the latter cases a permit shall be obtained and the type of tree to be planted shall be approved by the Department. All fees and deposits shall be paid to the City Treasurer and, except as to such refunds as may be made pursuant to this ordinance, shall be paid into the general fund of the city. All deposits shall be held by the City Treasurer subject to the provisions of this ordinance and said regulations. On receipt of a written certification from the Department that there has been a full compliance with the provisions of this or- dinance and said regulations, the City Treasurer shall refund to the applicant such portion of the deposit as does not represent the value of any trees, shrubbery or plants removed or destroyed. In the event of failure or refusal of any applicant to fully comply with the regula- tions and this ordinance, the Department shall have the right to cause the particular operation or operations involved to be fully completed and the particular public place or places involved to be fully restored to proper condition, and is hereby authorized to use the applicant's deposit or deposits, or such portion thereof as may be required, for such purpose. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Page 5653 Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Bagnall, it was #712-62 RESOLVED that, pursuant to the report and recommendation dated August 23, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public Works, the Council does hereby amend Item No. 3 of resolution #643-61, adopted September 18, 1961, as subsequently amended by resolution #467-62, adopted on May 14, 1962, and resolution #507-62, adopted on June 27, 1962, so as to reduce the bond for remaining improvements in Biltmore Estates Subdivision to $41,000.00 of which at least $4,100.00 shall be in cash, to cover the cost of remaining improvements in said subdivision, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Dooley, seconded by Councilman McCann, it was #713-62 RESOLVED that, having considered the report andrecommendation dated August 23, 1962, from the Acting Superintendent of the Division of Operations, approved by the Mayor and Director of Public Works, the Council does hereby accept the bid of Hargrave Bros. Inc., 4641 Wayne Road, vTayne Michigan, for installing roofing on the DPW garage addition for the total amount of $2,600.00, such having been the lowest hid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Dooley, it was #714-62 RESOLVED that, having considered the communication dated August 28, 1962, from the Director of Public Safety, the Council does hereby authorize the use, if necessary, of the $1,100.00 remaining in the Police Department Training Account 175-28 for general training purposes as the Director believes will best serve the department in the interest of the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert, and McNamara. NAYS: None. Page 5651 By Councilman Daugherty, seconded by Councilman McCann, it was #715-62 RESOLVED that, having considered the communication dated August 22, 1962, from the Personnel Director of the Civil Service Commission, the Council does hereby transfer the sum of $600.00 from the Civil Service Commission Salaries and Wages Account (159-1) to the Civil Service Commission Capital Outlay Account (159-70) for the purpose of purchasing two manual typewriters and a visible name index file; and the sum of $500.00 is hereby transferred from the said account 159-1 to the Civil Service Commission Publishing Account 160-23, to cover the cost of publishing required notices during the balance of this fiscal year. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #716-62 RESOLVED that, having considered the communication dated August 22, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public Works, submitted pursuant to resolution #354-62, in regard to the location and cost estimate of a certain pedestrian footbridge to provide access from the proposed Idyle Hills Estates Subdivision to the Lincoln Elementary School, the Council does hereby refer the same to the Depart- ment of Law for acquisition, if possible, of necessary easements and ob- taining, if possible, a contribution from the developer of the aforesaid subdivision toward the cost of such pedestrian footbridge. By Councilman Dooley, seconded by Councilman McCann, it was #717-62 RESOLVED that, having considered the report and recommendation dated August 30, 1962, from the Chief City Engineer, approved by the Mayor and Director of Public works, and it appearing that Contractor's Declaration, Contractor's Affidavit ana Waivers of Lien have been filed with the City, and that all work has been completed in accordance with City standards, the Council does hereby authorize final payment of the sum of $339.00 to the S. Weissman Excavating Company, 15496 Telegraph Road, Detroit 39, Michigan, for the installation of a sanitary sewer crossover on Five Mile Road, pur- suant to a contract with the City dated January 31, 1962, such sum repre- senting the balance due and owing on such contract; 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: Dooley, Bagnall, McCann, Daugherty, Parks, Kleihert and McNamara. NAYS: None. Page 5655 By Councilman Parks, seconded by Councilman Daugherty, it was #718-62 RESOLVED that, having considered the report and recommendation dated August 27, 1962, from the Chid City Engineer, approved by the Mayor and Director of Public Works, regarding electrical service for the Service Building on the Farmington-Lyndon Park Site, the Council does hereby approve Proposal B contained in that recommendation to install a 500 KVA Transformer in order to provide electrical service for heat to such building for this year, and for this purpose authorizes the expenditure of the sum of $115.00, which sum is hereby transferred from the Unallocated Account to the Farming- ton-Lyndon Park Site Account; and the City Clerk is herein requested to make the necessary application to The Detroit Edison Company for such electrical service. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. By Councilman Parks, seconded by Councilman Daugherty, it was #719-62 RESOLVED that, having considered the letter dated August 21, 1962, from the Mayor, the Council does hereby approve of and concur with the appointment of Mr. Milton E. Ingold, 16315 Pollyanna Drive, Livonia, Michigan, to the City Planning Commission for a term expiring June 9, 1965, and to replace Mr. Leonard K. Kane, provided that Mr. Ingold takes the oath of office as required in Section 3, Chapter X of the City Charter, administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McCann, Daugherty, Parks and McNamara. NAYS: Bagnall and Kleinert. The Vice President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McCann, it was #720-62 RESOLVED that, having considered the letter dated August 21, 1962, from the Mayor, the Council does hereby approve of and concur with the ap- pointment of Mr.Donald J. Schube ck, 9075 Texas, Livonia, Michigan, to the City Planning Commission for a term expiring June 9, 1965, and to replace Mr.Robert L. Greene, provided that Mr. Schubeck takes the oath of office as required in Section 3, Chapter X of the City Charter, administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, McCann, Daugherty, Parks and McNamara. NAYS: Bagnall and Kleinert. The Vice President declared the resolution adopted. Page 5656 By Councilman McCann, seconded by Councilman Daugherty, it was #721-62 RESOLVED that, having considered the letter dated August 21, 1962, from the Mayor, the Council does hereby approve of and concur with the re- appointment of Mr. James A.Cameron, 35278 Richland, Livonia, Michigan, to the City Planning Commission for a term expiring June 9, 1965, provided that Mr. Cameron takes the oath of office as required in Section 3, Chapter X of the City Charter, administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks and McNamara. NAYS: Kleinert. The Vice President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Parks, it was #722-62 RESOLVED that, the Chief City Engineer is hereby requested to determine and submit a report to the City Council as soon as possible, those projects planned for the future to meet an essential public need but which can be commenced in the near future in the event a 50% grant can be obtained under the Federal Public Works Acceleration Act; and the Chief City Engineer is requested to contact the Community Facilities Administration in The Housing and Home Finance Agency at its regional office, 360 North Michigan Avenue, Chicago, Illinois, to obtain whatever information is necessary and an application for accelerated public works grants; and further, the Engineering Division is directed to make ap- plication for such grants in connection with any and all public works projects which appear to qualify therefor, and to report the filing of such application to the Council. A mll call vote was taken on the foregoing resolution with the following result: AYES: Dooley, Bagnall, McCann, Daugherty, Parks, Kleinert and McNamara. NAYS: None. On motion of Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, this 377th regular meeting of the Council of the City of Livonia was duly adjourned at 11:09 P. M., September 12, 1962. ' e A, lark, City Clerk � J ^