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HomeMy WebLinkAboutCOUNCIL MINUTES 1962-09-26 Page 5663 MINUTES OF THE THREE HUNDRED SEVENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 26, 1962, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:22 P. M. Councilman McNamara delivered the invocation. Roll was called with the following result: Present-- Sydney B.Bagnall, John T. Daugherty, William E. Parks, Rudolf R. Kleinert, John F. Dooley and Edward H. McNamara. Absent-- James R. McCann. Elected and appointed City Officials also present: Marie W. Clark, City Clark; Juanita Hillas, Deputy City Clerk; the Assistant City Attorney; the Budget Director; the Director of Public Works; the Director of Public Safety; and the Chief City Engineer. By Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, it was #731-62 RESOLVED that, the minutes of the 378th regular meeting of the Council of the City of Livonia held on September 19, 1962, and the adjourned 378th regular meeting held on September 24, 1962, are hereby approved. The following preamble and resolution were offered by Councilman Daugherty and supported by Councilman McNamara: #732-62 WHEREAS, the City Council has caused to be prepared and has confirmed Special Assessment Rolls Nos. 13, 14 and 15, for the purpose of defraying the cost of street improvanents in the City of Livonia; AND WHEREAS, the City Council deems it necessary to borrow money and issue bonds in anticipation of the collection of said special assessment rolls; NOW, THEREFORE, BE IT RESOLVED THAT: 1. Bonds of the City of Livonia be issued in the aggregate principal amount of Fifty Seven T housand ($57,000.00) Dollars in anticipa- tion of the collection of an equal amount of the future and unpaid in- stallments of special assessments on Special Assessment Rolls Nos. 13, 114 and 15; said issue of bonds to be divided among the three Special Assessment District as follows: Special Assessment District No. 13 - $15,000.00 Special Assessment District No. 14 - $12,500.00 Special Assessment District No. 15 - $29,500.00 Page 566} The said bonds shall be known as "1962 Street Improve- ment Special Assessment Bonds (Districts Nos. 13, 314 and 15)" and shall consist of fifty-seven (57) bonds of the denomination of $1,000.00 each, numbered consecutively in direct order of maturity from, 1 to 57, both inclusive, shall bear date of October 1, 1962, and shall be payable serially as follows: $ 2,000.00 April 1, 1963; $ 5,000.00 April 1st of each of the years 19614 to 1970, inclusive; $10,000.00 April 1st of each of the years 1971 and 1972. Bonds numbered 28 to 57, both inclusive, of said 1962 Street Improvement Special Assessment Bonds, maturing in the years 1969 to 1972, both inclusive, may be redeemed at the option of the City, in inverse numerical order, on any interest payment date on or after April 1, 1965, at par and accrued interest to the date fixed for redemption. Notice of redemption shall be given to holders of bonds to be redeemed by publication of such notice not less than thirty days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the State of Michigan which carries, as part of its regular service, notices of sale of municipal bonds. No further interest payable on bonds called for redemption shall accrue after the date fixed for redemption, provided the City has money available for such redemption with the paying agent. Said bonds shall be coupon bonds and shall bear interest at a rate or rates not exceeding four and one-ba)f per cent (4-1/2%) per annum, payable on April 1, 1963, and semi-annually thereafter on October 1st and April lst of each year. Both principal of and interest on said bonds shall be payable at a bank or trust company qualified to act as paying agent to be designated by the purchaser of the bonds. For the prompt pay- ment of all of said bonds and the interest thereon as the same become due, the full faith, credit and resources of the City of Livonia are hereby irrevocably pledged. 2. Said bonds shall be signed by the Mayor and counter- signed by the City Clerk and City Treasurer and the seal of the City shall be affixed thereto and the interest coupons to be attached to said bonds shall bear the facsimile signatures of said Mayor and City Treasurer. Said bonds authorized by the provisions of this resolution, when executed, shall be delivered to the City Treasurer and be delivered by him to the purchaser on payment of the purchase price, in accordance with the bid therefor, when accepted. 3. Said bonds and the attached coupons shall be in sub- stantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1962 STREET IMPROVEMENT SPECIAL ASSESSMENT BOND (Districts Nos. 13, 114 and 15) No. $1,000.00 Page 5665 KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne, State of Michigan, acknowledges itself indebted and for value received hereby promises to pay to the bearer hereof, the sum of ONE THOUSAND DOLLARS lawful money of the United States of America, on the first day of April A. D.19 with interest thereon from the date hereof until paid at the rte of per cent per annum, payable on April 1, 1963, andsemi-annually thereafter on the first day of October and April of each year, upon presentation and surrender of the annexed interest coupons as they severally become due. Both principal of and interest on this bond are hereby made payable at and for the prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of fifty-seven (57) bonds of even date and like tenor except as to date of maturity aggregating the principal sum of $57,000.00, issued in anticipation of the collection of special assessments on lands in Special Assessment Districts Nos. 13, ]1 and 15, made for the purpose of defraying the cost of street improvements in said Districts; said bond issue being divided among the three Special Assessment Districts as follows: Special Assessment District No. 13 - $15,000.00 Special Assessment District No. 14 - $12,500.00 Special Assessment District No. 15 - $29,500.00 If the moneys available from said special assessments shall be insufficient to meet the principal of and interest on this bond when the same becomes due, then moneys shall be advanced from the general funds of the City to meet such deficiency. This bond is issued in accordance with Section 8, Chapter VII of the Charter of the City of Livonia, and in accordance with a resolution duly adopted by the City Council of said City on September 26, 1962. The right is reserved of redeeming bonds of this issue numbered 28 to 57, inclusive, maturing in the years 1969 to 1972, inclusive, in inverse numerical order, at the option of the City, on any interest payment date on or after April 1, 1965, at par and accrued interest to the date fixed for redemption. Thirty days' notice of redemption shall be given to holders of bonds to be redeemed by publication of such notice at least once in a newspaper or publication circulated in the State of Michigan, which carries, as part of its regular service, notices of sale of municipal bonds. No further interest shall accrue on bonds called for redemption after the date fixed for redemption, provided the City has sufficient moneys on hand with the paying agent for such redemption. It is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond exist, have been done and performed in regular and due time and form as required by law and that the total indebtedness of the City of Livoniaincluding this bond, does not exceed any con- stitutional, charter or statutory limitation. IN WITNESS WHEREOF, the City of Livonia, Co unty of Wayne, State of Michigan, by its City Council has caused this band to be signed in the name of said City by its Mayor and to be countersigned by its City Clerk and City Treasurer and its Page 5666 corporate seal to be hereunto affixed, and has caused the annexed interest coupons Lto be executed with the facsimile signature of its Mayor and City Treasurer, all as of the first day of October, A. D. 1962. CITY 71911 F LIVONIR By Mayor (Seal) Countersigned: City Clerk City Treasurer (Form of Coupon) No. $ On this first day of , A. D. 19 , the City of Livonia, County of Wayne, State of Michigan, will pay to bearer hereof the sum; of Dollars, lawful money of the United States of America at le: s being the semi-annual interest due that date on its 1962 Street Improvement especial Assessment Bond (Districts Nos. 13, 14 and 15), dated October 1, 1962, No. . Mayor City Treasurer 4. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds and approval of the form of Notice of Sale. 5. When the approved form of Notice of Sale has been re- ceived from the Municipal Finance Commission, the City Clerk shall cause the same to be published in the Michigan Investor of Detroit, Michigan, and The Livonian of Livonia, Michigan, at least seven (7) fall days before the date fixed for sale of said bonds by the City Council, which said Notice of Sale shall be in substantially the following form: OFFICIAL NOTICE OF SALE $57,000.00 CITY OF LIVONIA, COUNTY OF WAYNE MIOHMAN L1962 STREET IMPROVEMENT SPECIAL ASSESSMENT BONDS (Districts Nos. 13, 14 and 15) Page 5667 Sealed bids for the purchase of 1962 Street Improvement Special Assessment Bonds (Districts Nos. 13, 14 and 15) of the par value of $57,000.00, will be received by the undersigned at her office in the City Hall in the City of Livonia, on the day of , 1962, at 8:30 o'clock p.m., Eastern Standard Time, at which time and place said bids will be publicly opened and read. Said 1962 Street Improvement Special Assessment Bonds will be dated October 1, 1962, shall consist of fifty-seven (57) bonds of the denomination of $1,000.00 each, numbered consecutively in direct order of maturity from 1 to 57, inclusive, and will mature serially as follows: $ 2,000.00 April 1, 1963; $ 5,000.00 April let of each of the years 1964 to 1970, inclusive; $10,000.00 April 1st of each of the years 1971 and 1972. Bonds of this issue numbered 28 to 57, both inclusive, maturing in the years 1969 to 1972, both inclusive, may be redeemed at the option of the City, in inverse numerical order, on any interest payment date on or after April 1, 195, at par and accrued interest to the date fixed for redemption. Notice of redemption shall be given to holders of bonds to be redeemed by publication of such notice not less than thirty days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the State of Michigan which carries, as part of its regular service, notices of sale of municipal bonds. No further interest payable on bonds so called for redemption shall accrue after the date fixed for redemption provided the City has money available for such redemption with the paving L agent. Said bonds shall be coupon bonds and shall bear interest from their date at a rate or rates not exceeding four and one-half per cent (4-1/2%) per annum, expressed in multiples of 1/8 of 1%. Said interest shall be payable on April 1, 1963, and semi-annually thereafter on October 1st and April 1st of each year. The interest rate for each coupon period on any one bond shall be at one rate only and represented by one interest coupon. Both principal and interest shall be payable at a bank or trust company qualified to act as paying agent to be designated by the purchaser of the bonds. Accrued interest to the date of delivery of such bonds shall be paid by the purchaser at the time of delivery. Said 1962 Street Improvement Special Assessment Bonds are issued in anticipation of the collection of an equal amount of special assessments on Special Assessment Rolls Nos. 13, 114 and 15, the bond issue being divided among the special assessment rolls in the manner provided in the bond resolution. In addition to special assessments, said bonds pledge the full faith, credit and resources of the City of Livonia for their payment. For the purpose of awarding the bonds, the interest cost of each bid will be computed by determining at the rate or rates specified therein, the total dollar value of all interest on the bonds from (here insert the first day of the month next following the date of receiving bids or date of the bonds, whichever is later) to their maturity and deducting therefrom any premium. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. No proposal for purchase of less than all of the bonds herein offered or at a price less than their par value will be considered. A certified or cashier's check in the amount of $1,140.00, drawn upon an Page 5668 incorporated bank or trust company and payable to the order of the Treasurer of the City of Livonia must accompany each bid as a guaranty of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds. No interest will be allowed on the good faith checks, and checks of unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the bonds, which opinion will be furnished without expense to the purchaser of the bonds,prior to delivery thereof. The purchaser shall pay the cost of printing said bonds. The bonds will be delivered at Detroit, Michigan. The right is reserved to reject any and all bids. Envelopes containing the bids shall be plainly marked "Proposal for Bonds." Clerk, City of Livonia APPROVED STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 6. The period of usefulness of said street improvements for which bonds are to be issued is estimated to be not less than twenty (20) years. 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and they hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara,Daugherty and Bagnall. NAYS: None. The following preamble and resolution were offered by C ouncilman McNamara and supported by Councilman Kleinert: #733-62 WHEREAS, by resolution No. !a4-62 adopted by the City Council on May 28, 1962, the City of Livonia accepted the offer of the Shoup Voting Machine Corporation for the purchase of ten (10) Shoup electrically- operated voting machines, known as the ten column, fifty row machine, for a total price of $18,230.00; AND WHEREAS, purchase order No. 16708 was duly issued for the purchase thereof: LNOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, pursuant to Section 7711 of Act 116, Public Acts of Michigan, 1954, as amended, determines that Sixteen T housand Four Hundred Seven ($16,407.00) Dollars of the purchase price shall be Page 5669 paid by the issuance of certificates of indebtedness to be dated November 1, 1962, and payable as follows: One (1) certificate of Four Hundred Seven ($407.00) Dollars due on April 1, 1962, and four (4) certificates of Four Thousand ($4,000.00) Dollars each, due annually thereafter on April 1st of each of the years 1964 to 1967, inclusive. Said certificates shall bear interest at the rate of three and one-half per cent (3-1/2%),payable annually each year on the principal payment date until maturity of said certificate. Payment of interest on said certificates shall be evidenced by an appropriate notation on each of said certificates as hereinafter set forth. Both principal and interest on said certificates shall be payable at National Bank of Detroit, Detroit, Michigan. The balance of the purchase price shall be paid from funds on hand and legally available therefor. 2. Said certificates shall not be delivered to the Shoup Voting Machine Corporation until said voting machines have been delivered to and inspected by the City Clerk and have been found to be in accordance with the terms of the proposal therefor and in all respects satisfactory. 3. Said certificates shall be signed by the Mayor and countersigned by the City Treasurer and City Clerk and have the corporate seal of the City affixed, and that said certificates be delivered to the Shoup Voting Machine Corporation, 4. Said certificates shall be typewritten and shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1962 VOTING MACHINE CERTIFICATE OF INDEBTEDNESS No. $ KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne, State of Michigan, for value received, acknowledges itself indebted and promises to pay to the bearer hereof, the sum of DOLLARS lawful money of the United States of America, on the first day of April, A.D. 19 with interest thereon at the rate of three and one-half per cent (3-1/2%) per annum, payable annually on the first day of April of each year, both principal and interest to be payable at National Bank of Detroit, Detroit, Michigan. Payment of said interest shall be evidenced by an appropriate notation on the Interest Payment Statement hereinafter set forth. This certificate is one of a series of five (5) certificates of like date and tenor, except as to date of maturity and amount, aggregateing the sum of $16,407.00, issued for the purpose of paying part of the cost of ten (10) voting machines sold and delivered to the City of Livonia by Shoup Voting Machine Corporation, Page 567® and is issued under the provis ions of Section 774, Act 116, Public Acts of Michigan, 1954, as amended. This certificate is payable from the Debt Retirement Fund of the City of Livonia, and the full faith and credit of said City is hereby pledged for the pay- ment of the principal and interest thereof. It is hereby certified and recited that all things required to be done in order to make this certificate a valid and binding obligation of the City of Livonia has been done, and that the total indebtedness of said City, including this certificate, does not exceed any constitdional or statutory limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this certificate to be signed in the mane of said City by its Mayor and to be countersigned by its City Treasurer and City Clerk, and its corporate seal to be hereunto affixed, all as of the first day of November, A.D. 1962. CITY OF LIVONIA By Mayor (SEAL) City Treasurer City Clerk INTEREST PAYMENT STATEMENT National Bank of Detroit, as paying agent for the principal and interest on the above certificate, hereby certifies that the following interest payments have been made on the above certificate: Interest Payment Amount of Date Interest Paid Authorized Signature April 1, 19 April 1, 19 April 1, 19 5. The period of usefulness of said voting machines is estimated to be not less than fifteen (15) years. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and they hereby are rescinded. LA roll call vote was taken on the foregoing resolution with the following results AYES: Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: Daugherty. The President declared the resolution adopted. Page 5671 The preliminary report dated September 18, 1962, and the letter dated September 24, 1962, from John E. Hiltz and Associates, Inc., regarding the proposed Plymouth Road sanitary sewer extension, submitted pursuant to resolution #615-62, was received and placed on file. The following resolution was offered by Councilman Kleinert and supported by Councilman Daugherty: #731i-62 WHEREAS, because of continuous growth in population, the build- ing of many new houses and industrial and commercial buildings, and the prospects of continued growth in the future, it is necessary for the public health and welfare that additional sewer facilities be immediately acquired and constructed in the City of Livonia; and WHEREAS, said additional facilities are generally described (1) in a preliminary report dated September 18, 1962 prepared by John E. Hiltz and Associates, Inc., and entitled "Plymouth Road Spitary Sewer" attached hereto and made a part hereof and signed by John E. Hiltz, Registered Professional Engineer, State of Michigan, which additional needed sewer facilities are estimated to cost $375,000.00, exclusive of right-of-ways en- gineering, legal fees, etc.; and (2) in a letter dated September 17, 1962, and shown on a map entitled "Project No. 62-16 - Schoolcraft Road Extension" prepared by the Engineering Division of the Department of Public Works of the City of Livonia and signed by William J.Strasser, Registered Professional Engineer, State of Michigan, each of which are attached hereto and made a part hereof, and which additional needed sewer facilities are extimated to cost $893,000.00; and WHEREAS, said proposed sanitary sewer facilities will be connected to the Wayne County Metropolitan Sewerage and Sewage Disposal System, operated by the Board of Wayne County Road Commissioners of the County of Wayne, as the County Agent under the provisions of Act 31.2, Public Acts of Michigan, 1939, as amended; and WHEREAS, said sewer facilities should be and will be considered as a part of the Wayne County Metropolitan Sewerage and Sewage Disposal System, operated by the Board of Wayne County Road Commissioners for the County of Wayne as the County Agent and this City Council feels that the only way the new sewer facilities can be successfully financed is under the provisions of Section 5 (a), 5 (b), and 5 (c) of Act 312, Public Acts of Michigan of 1939, as amended, and the City Council is ready and wiling to enter into the necessary contracts and agreements with said county agency to permit such financing and the early construction thereof; Page 5672 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council acting for and in behalf of the City of Livonia, County of Wayne, Michigan, does hereby formally request the Assistance and cooperation of the Board of County Road Commissioners of Warne County, as the county agency duly designated in accordance with the provisions of Act 342, Public Acts of Michigan, 1939, as amended, in the construction and financing of the sewerage and sewage disposal system generally outlined in the preamble hereto, said facilities being the logical part of the Wayne County Metropolitan Sewerage and Sewage Disposal System duly established. 2. A certified copy of this resolution with the attachments made a part hereof be sent to the said Board of County Road Commissioners of Wayne County, as said county agency, with a request for early action thereon, also to Miller, Canfield, Paddock and Stone, bonding counsel, and Kenower, MacArthur and Company, financial advisers, to the attention of Mr. J. Pochelon; and the City Clark is requested to do all things necessary or incidental to the full performance of this resolution; and any resolu- tion previously adopted by this Body is hereby repealed only to the extent that it is inconsistent herewith. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty, it was #735-62 RESOLVED that, having formally requested by its resolutions No. 734-62, adopted on September 26, 1962, and No. 847-61, adopted on December 4, 1961, the assistance and cooperation of the Board of County Road Commissioners of Wayne County, as the county agency duly designated in accordance with the provisions of Act 342, Public Acts of Michigan, 1959, as amended, in the construction and financing of certain additions to the Sewerage and sewage disposal system, to wit: Plymouth Road Sanitary Sewer Extension; and Schoolcraft Road Sanitary Sewer Extension; and such projects having been initiated to meet an essential public need, the Council does hereby request the assistance and coopera ti.o n of the said Board in obtaining a Federal Public Works Grant as provided by the recently adopted Federal Public Works acceleration Act, and in this connection the City Council requests that the said Board cause to be submitted as promptly as possible, an application for such grant with the Community Facilities Administration of the Housing and Hone Agency, 360 North Michigan Avenue, Chicago 1, Illinois, the above being the administration agency for Federal Public Works Grants; and the City Clerk is requested to forward a copy of this resolution to the Board of County Road Commissioners of Wayne County, to the attention of Mr. George Bingham. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parka, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. Page 5673 By Councilman Daugherty, seconded by Councilman McNamara, it was #736-62 RESOLVED that, having formally requested the Board of County Road Commissioners of Wayne County to assist the City of Livonia in con- structing certain sewer projects which request is contained in resolution #734-62, adopted on September 26, 1962, and having reviewed the proposed agreement for engineering consulting services in connection with such sewer projects, submitted by the Mayor with a letter dated September 24, 1962, the Council does hereby approve of the proposed agreement by and between the Board of County Rcad Commissioners of the County of Wayne, Michigan, the City of Livonia, and John E. Hilts and Associates, Inc., 17201 West McNichols Road, Detroit,Michigan, which agreement engages the aforesaid firm to provide engineering consulting services in connection with the aforesaid sewer projects and provides for the fee to be paid therefor; and the Mayor and City Clerk are herein authorized to affix their signatures to such agreement far and on behalf of the City of Livonia, and to there- after forward the original and three executed copies of such agreement to the said Board of County Road Commissioners. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. L The communication dated Auguet 27, 1962, from the Director of Public Works regarding a requested traffic light at Farmington and Lyndon Roads, submitted pur- suant to resolution #638-62, was received and placed on file for the information of the Council. By Councilman Daugherty, seconded by Councilman McNamara, it was #737-62 RESOLVED that, an additional report is requested from the Director of Public Safety, outlining specific steps that may be taken in order that the residents in the area of Kimberly Oaks Subdivision may use Farmington Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, McNamara, Daugherty and Bagnall. NAYS: Kleinert and Dooley. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Parks, it was #738-62 RESOLVED that, further consideration of the rate schedules of Consumers Power Company and Michigan Consolidated Gas Company be tabled to the next regular meeting of the Council. A roil call vote was taken on the foregoing resolution with the following result: Page 5674 AYES: Parks, McNamara, Daugherty and Bagnall. NAYS: Kleinert and Dooley. The President declared the resolution adopted. By Councilman Parks, seconded by Councilman Kleinert, it was #739-62 RESOLVED that, having considered the report and recommendation dated August 21i., 1962, from the Acting Superintendent of Operations Division, approved by the Mayor and Director of Public Works,and having also considered the report dated September 19, 1962, from the Budget Director, and the sup- plemental report dated September 25, 1962, from the Director of Public Works, the Council does hereby accept the bid of Moore Furnace Service, 28289 Five Mile Road, Livonia, Michigan, for supplying the City with one hot water heating system adequate to heat the DIM Vehicle Maintenance Garage, for the total price of $9,460.00, such having been the only and lowest bid received for this item; provided, however, that this resolution is adopted subject to the following express condition: that the installation of the heating system and the acceptance of payment therefor, as above approved and authorized, shall be deemed to constitute a full and complete release by the Moore Furnace Service of any and all rights, claims and demands which it has or might have as a result of or by virtue of Council resolution #885-61, adopted on December 11, 1961, and a purchase order issued on December 20, 1961, in pursuance thereof, and the said resolution #885-61 is hereby rescinded and the said purchase order canceled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara,Daugherty and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McNamara, it was #7110-62 RESOLVED that, having considered the recommendation dated Septem- ber 25, 1962, from the Acting Superintendent of Operations Division, approved by the Director of Public Works, the Council does hereby transfer the sum of $2,260.00 from the Operations Division Capital Outlay Equipment Account (#236-70) to the Capital Improvement Garage Account (#360-1), for the financing of the heating equipment for the maintenance garage. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. The letter dated September 24, 1962, from the Budget Director regarding Workmen's Compensation Insurance, submitted pursuant to resolution #388-62, was received and placed on file for the information of the Council. Page 5675 The letter dated September 18, 1962, from the Director of Public Works regarding the house complaint of Mr. D. E. Olson, 16167 Southampton, Livonia, was removed to the next agenda. An Ordinance Amending Section 35 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 3.333, introduced by Councilman Kleinert on September 19, 1962, was taken from the table and a roll call vote con- ducted thereon with the following result: AYES: Parks, Kleinert, Dooley, McNamara and Bagnall. NAYS: Daugherty. The President declared the Ordinance duly adopted and would become effective on publication. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #71i1-62 RESOLVED that, Petition V-71, dated September 15, 1962, submitted by Arthur F. Wheeler, 19500 Farmington Road, Livonia, Michigan, for the vacating of a certain alley between Gable Street on the South and Lots No.1 and No. 123 on the north in the Westmore Subdivis ion, located in the South- west 1/14. of Section 3, is hereby referred to the City Planning Commission for a public hearing pursuant to provisions of law and Ordinance No. 29, as amended. By Councilman Dooley, seconded by Councilman Parks, it was #742-62 RESOLVED that, having considered the letter dated September 17, 1962, from representatives of the Livonia Youth Hockey Program, and having considered their verbal request made at the last study session, lie Council does hereby transfer the sum of $1,000.00 from the Unallocated Fund to the Farmington-Lyndon Parksite Account for the purpose of purchasing and in- stalling certain electrical fixtures on the Farmington-Lyndon Park Site which will permit the Livonia Hockey League to conduct its program during evenings this winter. A roll call vote was taken on the foregoing resolution with the following result: AXES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Daugherty, it was Page 5676 #7143-62 RESOLVED that, having considered the letter dated September 10, 1962, from Rev. Frank J. Cushing of St. Priscilla Church, the Council does hereby transfer the sum of $363.44, from the Unallocated Fund to the Library Fence Account and does hereby authorize the payment of such sum to St. Priscilla Church, 19220 Purlingbrook Road, Livonia, Michigan, to defray one-half (1/2) of the cost of a dividing line fence between the Carl Sand- burg Library and the St. Priscilla Church property. A roll call vote was taken on the foregoing resolution with the following result: AYES: Paris, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. The copy of a communication received September 12, 1962, from Natalie W. Shirley, 37552 Howell, Livonia, Michigan, addressed to the Michigan Public Service Commission, Lansing, Michigan, regarding inequities in existing telephone rates, was received and placed on file for the information of the Council. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was #744-62 RESOLVED that, having considered the communication dated Septem- ber 17, 1962, from Alfred B. Loos, 29525 Curtis, Livonia, Michigan, regard- ing basement flood conditions, such letter is hereby referred to the Director of Public Works for a progress report regarding the disposition and correction of this problem, as previously authorized by the City Council. By Councilman Parks, seconded by Councilman McNamara and unanimously adopted, it was #7145-62 RESOLVED that, the letter dated September 5, 1962, from Messrs. Harold Long and Millard 0. Babcock regarding the terms of their service with the City, is hereby referred to the Department of Law for its report and opinion. By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #7146-62 RESOLVED that, the communication dated August 23, 1962, from the Chairman of the Racing Commission requesting a monthly car allowance, is hereby referred to the Committee of the Whole for its consideration along with the budget for the next fiscal year. By Councilman Parks, seconded by Councilman McNamara, it was #7147-62 RESOLVED that, having considered the communication dated Septem- ber 24, 1962, from the Superintendent of Parks and Recreation, the Council does hereby transfer the total sum of $3,777.00 from the following respective accounts: Page 5677 Recreation Division Acct. No. 309-6 $ 100.00 No. 309-7 300.00 No. 309-40 350.00 No. 309-45 600.00 No. 309-48 400.00 No. 309-54 1,000.00 Parks Division Acct. No. 317-1 27.00 No. 317-70 4000.00 $3,777.00 to Recreation Division Acct. No. 309-53 (Adult Activities) for the purpose of carrying on the Fall program of self-sustaining recreational activities. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara,Daugherty and Bagnall. NAYS: NONE. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #748-62 RESOLVED that, in order to substantiate the recommendations con- tained in the proposed 1962-63 budget, the Director of Recreation is re- quested to submit a detailed listing of all "self-sustaining" programs with estimates of revenues from each such program by number of participants and rates for participation and estimates of costs of each such program with a break-down of these costs according to expense for leaders, directors and charges for expendable items. By Councilman McNamara, seconded by Councilman Parks, it was #749-62 RESOLVED that, having considered the communication dated Septem- ber 14, 1962, from the Acting Chairman of the Parks and Recreation Com- mission, the Council does hereby transfer the total sum of $4,475.00 from the following respective accounts: Parks Division Acct. No. 137-1 $ 715.00 No. 317-6 100.00 No. 317-1 1,200.00 No. 317-40 600.00 No. 317-44 250.00 No. 317-40 1 610.00 $4,475 .00 to Recreation Division Acct. No. 309-1 (Salaries), for the purpose of correcting a present shortage and also for carrying out already scheduled Fall recreation programs. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, McNamara, Daugherty and Bagnall. NAYS: Kleinert and Dooley. The President declared the resolution adopted. Page 5678 By Councilman Parks, seconded by Councilman McNamara, it was #750-62 RESOLVED that, having considered the report and recommendation dated September 21, 1962,frons the Chief City Engineer, approved by the Director of Public Works, the Council does hereby amend Item No. 3 of resolution #175-62, adopted on March 12, 1962, as subsequently amended by resolution #701-62, so as to reduce the bond for remaining improvements in Woodcreek Farms Subdivision to $18,500.00, of which at least $2,000.00 shall be in cash, to cover the cost of remaining improvements in said sub- divis ion; 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: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Parks, it was #751-62 RESOLVED that, having considered the report and recommendation dated September 6, 1962, from the Chief City Engineer, approved by the Director of Public Works and the Mayor, the Council does hereby amend Item No. 3 of resolution #791-61, adopted on November 13, 1961, as sub- sequently amended by resolutions #473-62, #609-62, and #687-62, so as to further reduce the bond for remaining improvements in Madonna Estates Subdivision to $45,000.00, of which at least $4,500.00 shall be in cash, to cover the cost of all 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: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. By Councilman Kleinert, seconded by Councilman Parks, it was #752-62 RESOLVED that, having considered the report and recd muendation dated September 6, 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 #205-62, adopted on March 12, 1962, as subsequently amended by resolution #574-62, adopted on July 18, 1962, so as to reduce the bond for all remaining improvements in Newburgh Heights Subdivision to $18,000.00, of which at least $2,000.00 shall be in cash; 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: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. Page 5679 By Councilman Daugherty, seconded by Councilman McNamara, it was #753-62 RESOLVED that, having considered the communication dated Septem- ber 12, 1962, from the Chief City Engineer, approved by the Director of Public Works, the Council does hereby accept the unit price bid of S. Weiss- man Excavating Company, 15496 Telegraph Road, Detroit 39, Michigan, for in- stalling paving and drainageimprovements on Henry Ruff Road north of Joy Road (Special Assessment District 17) and for the estimated cost of $13,479.50 (based on Engineering Division's estimate of units of work in- volved), and subject to final payment based on the actual units of work constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Mayor and City Clerk are hereby authorized to execute a contract with the above company for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. By Councilman McNamara, seconded by Councilman Parks and unanimously L adopted, it was #754-62 RESOLVED that, having considered the communication dated Septem- ber 214, 1962, from the Chief City Engineer, approved by the Mayor and the Director of Public Works, transmitting the result of bids taken for the paving of Levan Road, from Schoolcraft Road to Five Mile Road, the Council does hereby determine to take no action at this time on such bids; and the Chief City Engineer is hereby directed to immediately take whatever steps are necessary in order for this project to qualify for joint federal participation. By Councilman Kleinert, seconded by Councilman McNamara, it was #755-62 RESOLVED that,having considered the report and recommendation dated September 24, 1962, from the Budget Director, the Council does hereby transfer the sum of $414.00 from Acct. No. 317-14 (Rental) to Acct, No. 317-70 (Capital Outlay) for the purpose of purchasing 450 feet of irrigation pipe and fixtures suitable for watering of City property, with the total expenditure therefor not to exceed $585.00, of which the aforementioned $414.00 has been previously expended as rental payments and is now being returned and applied on the purchase of this equipment; and that the specific contract for the purchase of this irrigation system shall be approved by the City Attorney before it is entered into. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. Page 5680 L By Councilman Daugherty, seconded by Councilman McNamara, it was RESOLVED that, having considered the petition of William A. Loesch and Grace E. Loesch, his wife, received September 19, 1962, requesting a division of Lots No. 36a1 and No. 37a1 of Supervisor's Livonia Plat No. 1, a part of the East 1/2 of the Northwest 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the Council does hereby deny the request contained in such petition for the following reason: That the lot division, if granted as requested in the petition, will result in separate parcels of property with no separate or self-contained ingress or egress to any existing public or private street; the Council believes that such a result would not be in the best interest of the City and deems the same to be a sufficient reason to deny the petitioners' request. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, and Daugherty. NAYS: Parks, Kleinert, Dooley and Bagnall. The President declared the resolution denied. By Councilman Parks, seconded by Councilman Kleinert, it was #756-62 RESOLVED that, having considered the petition of William A. Loesch and Grace E. Loesch, his wife, received September 19, 1962, and in accord- ance with the provisions of Act 73 of the Public Acts of 1959, as amended, the Council does hereby approve of dividing Lots 36a1 and 37a1 of Super- visor's Livonia Plat No. 1, a part of the East 1/2 of the Northwest 1/4 of Section 33, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, into two separate parcels, as follows: Parcel No. 1 to comprise the west 165 feet of the east 300 feet of Lots No. 36 and No. 37; and Parcel No. 2 to comprise the east 165 feet of Lots No. 36 and No. 37; as shopn on the attached map to the aforesaid petition; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley and Bagnall. NAYS: McNamara and Daugherty. LThe President declared the resolution adopted. Councilman McNamara introduced the following Ordinance: Page 5681 AN ORDINANCE AMENDINa SECTIONS 35, 15 AND 16 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 SECTIONS 3.334, 3.335 AND 3.336. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated July 30,1962, on Petition Z-561, Petition 1-562 and Petition 1-563, having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all proceedings here- tofore conducted on said petitions are hereby approved. Sectioh 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia is hereby amended by adding thereto the following sections: Section 3.334. Petition No. 1-561, submitted by the City Planning Commission, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed from M-1 to C-2 as requested in said petition: Beginning at a point distant North 890 49' 46" West 646.00 feet along the north line of Section 35, and South 00 10' 14" West 60.00 feet from the Northeast corner of Section 35, and proceed- ing thence South 00 10' 14" West 830.00 feet; thence South 890 49' 46" East 593.54 feet; thence South 00 18' 53" East 429.06 feet; thence North 890 51' 00" West 1961.33 feet; thence North 00 10' 14" East 1259.75 feet; thence South 890 49' 46" East 1364.15 feet to the point of beginning; containing 45.309 acres; and Beginning at a point distant North 890 49' 46" West 2010.15 feet; along the North line of Section 35, and South 00 10' 14" West 60.00 feet from the Northeast corner of Section 35 and proceeding thence South 00 10' 14" West 1259.75 feet; thence North 890 51' 00" West 598.14 feet; thence North 00 14' 03" East 1019.97 feet; thence South 890 49' 46" East 180.00 feet; thence North 00 14' 03" East 240.00 feet; thence South 890 49' 46" East 415.75 feet to the point of beginning; containing 16.288 acres; and the Northeast 1/4 of Section 35 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.335. Petition No. 1-562, submitted by the City Planning Commission, is hereby granted and the zoning classifi cation of the premises hereinafter described is hereby changed from R-1-B to RUFA as requested in said petition: Beginning at the center corner of Section 15, T. 1 S., R. 9 E., thence South 890 37' 40" West 1306.76 feet along the East and West 1/4 line of said Section 15; thence South 00 20' 00" East 492.26 feet to the north line of Myrna Avenue of the Kris tenser Estates Subdivision Page 5682 as recorded in Liber 68, Page 68 of the Wayne County Records; thence easterly along said north line to the West line of Hubbard Road; thence North 890 49' 20" East 13.0 feet to the north and south 1/4 line of said Section 15; thence North 00 17' 00" West along said line 906.40 feet to the point of beginning; and the Southwest 1/4 of Section 15 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3.336. Petition No. Z-563, submitted by the City Planning Commission, is hereby granted and the zoning classification of the premises hereinafter described is hereby changed fromRM to RLA as requested in said Petition: The Southwest 1/4 of Section 16, T. 1 S., R. 9 E., except the fest 25 acres thereof; also except the South 1160 feet of the West 220 feet of the East 1/2 of the Southwest 1/4 of said Section 16; also except the East 100 feet of the West 320 feet of the South 200 feet of the East 1/2 of the Southwest 1/4 of said Section 16; and the Southwest 1/4 of Section 16 of the Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 93 of the Zoning Map of the City o— f vonia," showing all of the amendments and changes made in the fare- going Section 2 of this ordinance is hereby approved, established and made a part hereof. Section 4. 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. Section 5. Should any portion of this ordinance be held invalid for any reasonsuch 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. Councilman Dooley introduced the following emergency Ordinance: No. 1104 AN ORDINANCE AMENDING SECTION 4.45 OF ARTICLE 4.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." L. THE CITY OF LIVONIA ORDAINS: Section 1. Section 4.45 of Article 4.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Page 5683 Section 4.45. Protective 'Malls (a) Notwithstanding other provisions of this ordinance, where off- street parking areas, P-1 Districts, PS Districts, commercial or industrial properties adjoin or are contiguous to any residential district or districts, whether or not said residential district has been developed, the owner of the comm rcial, professional or industrial land shall provide and construct a continuous, unpierced and reinforced poured concrete, hardburned brick or "flexicore type" wall. The "flexicore type" wall shall be constructed in accordance with the plan dated April 5, 1961, identified by the signature of the vice-president of the City Council and also in accordance with the specifications dated February 7, 1961, a part of Zoning Petition No. Z-502, which plan and specifications are on file in the Department of Public Works. The protective wall shall be at least five (5) feet and not more than seven (7) feet in height to adequately screen such parking, professional, commercial, or industrial districts from abutting residential districts. The height of such wall shall be measured from the surface of the parking, professional, commercial or industrial property. It shall be constructed on the easement line, if an easement exists, rather than on the lot line between the parking area or the professional, commercial or industrial property and the abutting residential district; provided, however, that where the construction of such wall on an easement line will work a hardship on a particular property owner because of the peculiar location and size of the easement or for any other special circumstance, this requirement may be modified by the Zoning Board of Appeals. All plans and specifications for a protective wall shall be sub- mitted to the Engineering Division of the Department of Public Works for ap- proval and thereafter the wall shall be constructed in strict accordance with the approved plans and specifications and the requirements of that department. The construction of such wall shall not be commenced until a building permit therefor has been secured from the Bureau of Inspection. It shall be the responsiblity of the owner of the professional, commercial or industrial property or parking area to maintain the wall in a state of good repair and to keep the area, between the wall and property line of the professional, commercial or industrial property or parking area, free and clear of any debris, trash, weeds and waste of any material and at all times to keep such area in a neat, clean and orderly fashion. (b) The erection of the protective wall or the planting of a greenbelt as required by this ordinance shall be a condition precedent to the isauance of a certificate of occupancy for any building constructed on that particular professional, commercial or industrial property. Where the owner or ap- plicant can satisfy the Bureau of Inspection that it is impossible or im- practical to construct the wall before the professional, canmercial or industrial building is completed, he may comply with this condition precedent by filing a cash bond with the City Clerk ih an amount equal to Twelve ($12.00) Dollars per lineal foot of wall or greenbelt required, and by executing an affidavit agreeing to erect the wall or plant the greenbelt on or before a date certain, which in no case shall exceed six (6) months from the date of the affidavit. In those cases where a bond and affidavit are deposited, if the required wall or greenbelt has not been satisfactorily erected or planted within ninety (90) days after the date of the affidavit or before the date fixed in the affidavit, whichever is the later, the City shall have the right to fe feit the cash bond and use the proceeds thereof to erect,plant or cause to be erected or planted the required protective wall or greenbelt. Any balance remaining shall thereafter be refunded to the depositor of the bond. Page 5684 Section 2. Ordinances No. 2!0, No. 296 and No. 340 are hereby repealed as of the date this ordinance becomes effective and all other ordinances and parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect, 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. A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: Kleinert, Dooley, Daugherty and Bagnall. NAYS: Parks and McNamara. The President declared the ordinance duly adopted and would become effective on publication. Councilman Daugherty introduced the following emergency Ordinance: No. 405 AN ORDINANCE AMENDING SECTION 13.07 OF ARTICLE 13.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "'ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Section 13.07 of Article 13.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 13.07. Protective Barrier. When such parking area boundary adjoins or is contiguous to any residential district or districts, whether or not such residential distrist has been developed, the owner of the parking area shall provide and construct a protective wall as required by Section 4. 5 of this ordinance. 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. 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. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: Kleinert, Dooley, Daugherty and Bagnall. NAYS: Parks and McNamara. The President declared the ordinance duly adopted and would become effective on publication. Page 5685 By Councilman McNamara, seconded by Councilman Daugherty and unanimously Ladopted, it was #757-62 RESOLVED that, having reviewed the letter dated September 111, 1962, from Edith Salhany, 14135 Mansfield, Detroit 37, Michigan, with respect to a certain easement agreement attached to the letterthe Council does hereby refer the same to the Department of Law for a clarification and disposition. By Councilman Kleinert, seconded by Councilman Parks and unanimously adopted, it was #758-62 RESOLVED that, having considered the communication dated Septem- ber 8, 1962, from Donald M. Walton and Mary W. Walton, his wife, 277116 Bennett AvenueLivonia, Michigan, requesting that a certain easement be vacated adjoining Lots No. 189 and No. 190 of Livonia Meadows Subdivision, the Council does hereby refer the same to the City Planning Commission to be considered as a petition for the vacating of an easement, with the request that the Commission hold a pub4c hearing thereon, and submit its report and recommendation thereafter to the Council. By Councilman Dooley, seconded by Councilman Daugherty and unanimously adooted, it was #759-62 RESOLVED that, the Council does hereby refer the letter received September 17, 1962, from William Palmer, 142119 Deering, LivoniaMichigan, with respect to a rear yard drainage condition, to the Fhgineering Division for its report end recommendation. By Councilman Daugherty, seconded by Councilman McNamara and unanimously adopted, it was #760-62 RESOLVED that, having considered the communication dated Septem- ber 111, 1962, from Shea L. Savage, 36035 Avondale, Wayne, Michigan, re- questing a license or permit to operate a bus line on the streets of the City of Livonia, the Council does hereby refer that writer to Ordinance No. 152, as amended, of the City of Livonia, with the suggestion that Mr. Savage file an application with the City Clerk in the manner and containing the information required by the aforesaid ordinance. The report of the Municipal Court for the month of August, 1962, was received and placed on file. At 9:50 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. Page 5686 By Councilman Daugherty, seconded by Councilman Parks and unanimously adopted, it was #761-62 RESOLVED that, the Council does hereby request that the Michigan State Highway Department cause a survey to be made of Plymouth Road, in the City of Livonia, Michigan, for the purpose of determining those critical intersections and those other locations on and along Plymouth Road which require immediate widening, and 3n this connection the Council makes specific reference to the portion of Plymouth Road immediately in front of the Terrace Theater, the intersection of Farmington Road and Plymouth Road, and any others that the State Highway Department deems necessary, and the Council respectfully requests the Michigan State Highway Department to submit its comments and recommendations in regard to this matter to the City Council as soon as possible; and the City Clerk is hereby requested to forward a copy of this resolution to the Michigan State Highway Depart- ment to the attention of Mr. John C. Mackie, State Highway Commissioner. By Councilman Kleinert, seconded by Councilman McNamara, it was #762-62 RESOLVED that, having considered the letter dated September 26, 1962, from the Chief City Engineer, wherein a proposal is made for the purchase of 5,000 cubic yards of top soil at a price of 30 cents per cubic yard for the purpose of landscaping the area of the Civic Center Buildings and other recently developed City property, the Council approves in grin- - ciple of this purchase and the sum of $1500.00 is hereby transferred from the Unappropriated Surplus to the Municipal Building Landscaping Account for this purpose, subject to the preparation of a suitable contract by the Department of Law with the assistance of the Director of Public Works. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, McNamara, Daugherty and Bagnall. NAYS: Dooley. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman McNamara, it was #763-62 RESOLVED that, the City of Livonia is desirous of constructing an extension from the existing 24" trunk sewer line on Five Mile Road to service the Northwest Wayne Community College site located at the South- east corner of Seven Mile and Haggerty Roads; that the estimated cost of the construction is approximately $175,000.00; and the Federal government is requested to include this project as one to be financed under the pro- visions of the Federal Public Works acceleration Act; and the Director of Public Works is hereby authorized to make the necessary contacts to expedite this proposed project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Parks, Kleinert, Dooley, McNamara, Daugherty and Bagnall. NAYS: None. Page 5687 By Councilman Kleinert, seconded by Councilman Dooley and unanimously adopted, it was #761 -62 RESOLVED that, the Council does hereby acknowledge receipt of the annual budget of the City of Livonia for the fiscal year commencing December 1, 1962, as prepared by the Mayor and filed by the Mayor with the Council on September 17, 1962, and the Council does hereby set a public hearing thereon to be held on Wednesday, October 24, 1962, at 7:30 p. m., at the City Hall, 33001 Five Mile Road, Livonia, Michigan, in accordance with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such public hearing in accordance and pursuant to the provisions of the City Charter. The following resolution was unanimously introduced and adopted by the City Council: #765-62 WHEREAS, the members of the Livonia City Council have learned of the passing of A. Ward McCain; and WHEREAS, A.Ward McCain was a member of the Livonia School Board for fifteen years and one of the leading and most respected citizens of this community; and WHEREAS, A. Ward McCain was a dedicated and respected public servant and Board member, and during his lifetime made many contributions to the welfare of his community -- a community that willing cherish him in its memories; NOW, THEREFORE, BE IT RESOLVED that, the City Council of Livonia believes it to be fitting and proper to record at this time its affection and esteem for a beloved and respected public servant and friend and to share with his family and community the great loss sustained by reason of the death of A. Ward McCaih. On motion of Councilman Parks, seconded by Councilman Kleinert and unanimously adopted, this 379th regular meeting of the Council of the City of Livonia was duly adjourned at 10:10 P. M., Septemoer 244 1962. Marie r ►: k, ity Clerk.