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
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