HomeMy WebLinkAboutCOUNCIL MINUTES 1962-07-18 Page 55 .7
MINUTES OF THE THREE HUNDRED SEVENTY-FIRST REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 18, 1962, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President of the Council at ap-
proximately 8:12 P. M. Councilman Daugherty 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: Juanita Hillas, Deputy
City Clerk; the Assistant City Attorney; the Director of Public Works; the Director
of Public Safety; the Chief City Engineer; and the City Assessor.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#533-62 RESOLVED that, the letter dated July 18, 1962, from the Mayor
regarding federal funds for sanitary sewer along Plymouth Road, be referred
to the Water and Sewer Committee of the Council, and that the Engineering
Division is requested to furnish to the Water and Sewer Committee as soon
as possible, a complete status report of actions taken and the present
status of the proposed sanitary sewer system along Plymouth Road.
By Councilman McNamara, seconded by Councilman Dooley, it was
#534-62 RESOLVED that,the letter dated July 16, 1962, from the Director
of Public Safety, requesting that he be authorized to appoint an assistant
to report directly to him, is hereby referred to the Legislative Committee
for report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Daugherty, Parks and Bagnall.
NAYS: Kleinert.
The 'resident declared the resolution adopted:
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 1 .02 OF ORDINANCE NO. 51
OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "BUILDING
CODE OF THE CITY OF LIVONIA."
Page 5548
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 4.02 of Ordinance No. 51 of the City of Livonia, known
and cited as the "Building Code of the City of Livonia," is hereby amended to read as
follows:
Section 4.02. Amendments to Abridged Building Code and Wayne C ounty
Building Code. Section 3 of the Wayne County Building Code and Sections
100.0, 100.1, 104.0, 104.13, 104.14, 104.15, 104.16, 107.0, 107.1, 132.0,
132.1 and 132.16 of the Abridged Building Code are hereby amended and changed
as follows:
Section 100.0 Scope
The provisions of this ordinance shall govern the design, con-
struction, alteration, demolition, and moving of all buildings and
structures specified in Section 100.2 and their service equipment.
They shall apply to existing and proposed buildings in the City of
Livonia as herein provided except as such matters may be otherwise
prescribed in the Statutes of the State of Michigan or in the Charter
and ordinances of the City of Livonia.
100.1 Title. This ordinance shall be known and cited as the
"Building Code Ordinance of the City of Livonia;" and shall be construed
to secure its expressed intent all to insure public safety, health and
welfare, insofar as they are dependent on building construction.
Section 104.0 Administration and Enforcement
104.13 Building Code Board of Appeals. A Building Code Board of
Appeals shall be created consisting of five (5) members appointed by the
Mayor pursuant to Section 2, Chapter V of the Charter of the City of
Livonia and to hold office at the pleasure of the Mayor. One member
of the board shall be an engineer of at least ten (10) years experience,
another a registered professional architect, another a builder or super-
intendent of building construction of at least ten (10) years experience,
another a licensed electrical contractor who shall have had at least
ten (10) years experience, and another a master plumber who shall have
had at least ten (10) years experience. During absence of members for
reasons of disability of disqualification, the Mayor shall designate a
qualified substitute. The board shall select one of its members to serve
as chairman for a period of one year or until his successor has been
appointed. The building official shall designate a clerk to serve as
secretary of the board, who shall keep a detailed record of all pro-
ceedings on file in the office of the Inspection Bureau. No member of
the board shall pass on any ques tion in which he is engaged as con-
tractor or material dealer, or in the preparation of plans or specifi-
cations, or in which he has any official interest. The members of the
board shall receive such compensation as may be allowed by resolution
of the City Council.
104.14 Powers and Duties of Board of A eals. The Building Code
Board of Appeals shall hear, review, decide an determine the following
matters:
Page 55!49
(a) All appeals from any order, action, decision or determination
made by the building official or any administrative official under
the provisions of this ordinance;
(b) All appeals from any order, action, decision or determination
made by the building official or any administrative official under
the provisions of any technical code;
(c) All appeals from any decision or action of the building official
under any ordinance of the City of Livonia, including rules and
regulations made pursuant thereto;
(d) All other matters referred to the board or upon which it is
required to pass under this ordinance or any other ordinance or
ordinances of the City of Livonia; and
(e) Where there are practical difficulties or unnecessary hard-
ship in the way of carrying out the strict letter of this ordinance,
such board shall have power in passing upon appeals to vary or
modify any of the rules, regulations or provisions of this ordinance,
so long as in so doing it shall observe the spirit of this ordinance,
secure the public safety and do substantial justice.
101 .15 Proceedings Before Board of Appeals. Any person aggrieved
may take an appeal to the Building Code Board of Appeals from any decision
or action of the building official. An appeal must be filed within thirty
(30) days from the date of the decision appealed from, by filing with the
building official and the Board of Appeals a notice of appeal, specifying
the ground thereof, except that in the case of a building or structure
which, in the opinion of the building official is unsafe or dangerous,
the building official may in his order limit the time for such appeal
to a shorter period. The building official shall forthwith transmit to
the board all papers upon which the action appealed from was taken. The
board shall meet upon notice of the chairman within ten (10) days of the
filing of an Appeal or at stated periodical meetings as warranted by the
volume of work. All hearings shall be public; and the appellant, his
representative, the officer of the municipality and apy other person
whose interests may be affected by the matter on appeal, shall be given
an opportunity to be heard. The board shall examine, affirm, reverse
or modify the decision of the building official or other administrative
official by a concurring vote of three (3) members. Every action of the
board shall be by resolution and certified copies shall be furnished to
the appellant and to the building official. Failure to secure three (3)
concurring votes shall be deemed a confirmation of the decision of the
building official or other official. The building official shall take
immediate action in accordance with the decision of the board. The board
shall have full authority to adopt rules and regulations not inconsistent
with the provisions of this ordinance.
101 .16 In the case of an affirmative decision on the appeal based
on subsection (e) of Section 1014.14 of this ordinance, such decision
shall not be operative unless and until it receives the approval of the
City Council.
Section 107.0 Fire Districts
107.1 Fire Districts Subdivision. To control types of construction
baser-OE—the inherent fire hazard of use groups of buildings, the
Page 5550
municipality shall establish fire district limits to include all areas
in which congested business, commercial and public assembly uses are
housed. Such areas shall be designated as "within fire limits." (See
Section 301, Basic Building Code.)
Section 132.0 Fences
132.1 Materials To Be Used. All fences constructed or reconstructed
within the limits of the City of Livonia shall be constructed of posts
set in the soil at least three (3) feet and a height above the average
grade of the two adjoining lots of not less than three (3) feet nor more
than six (6) feet; provided, however, that the minimum height of all
partition fences for a distance of thirty (30) feet, measured from the
front lot line back toward the rear lot line, shall be two (2) feet;
and provided further, that the maximum height of fences in or around
industrial or manufacturing areas shall be eight (8) feet; and provided
further, where the owners of adjoining parcels of land cannot agree as
to the height of a partition fence between their respective parcels of
land and the materials to be used therein, the building official shall
have the authority to determine such height and kind of materials.
132.16 No person, firm or corporation, or thele lessee or agent,
shall construct or maintain a barbed wire fence, partially, or wholly
around any area in any street, avenue, alley, lane or public highway,
or in or along any street or in front of any public space or place, or
nail or cause same to be nailed or fastened in any form, shape or manner
upon partition fences; provided, however, that nothing contained herein
shall prevent the use of barbed wire fences in any agricultural (AG)
districts as defined in the Zoning Ordinance (Ordinance No. 60) of the
City of Livonia, as heretofore or hereafter amended, or in any new zoning
ordinance hereafter adopted by the City of Livonia; provided further,
that barbed wire fences may be permitted around manufacuring plants and
industrial establishments according to such rules and regulations as
may be made by the building official.
Section 2. Ordinances No. 112 and No. 158 are hereby repealed as of the
date this ordinance becomes effective and all other ordinances or parts of ordinances
in conflict herewith are herebynepealed 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.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 1 AND 2 OF ORDINANCE NO. 159
OF THE CITY OF LIVONIA, KNOWN AS THE "LIVONIA MUNICIPAL
LIBRARY COMMISSION ORDINANCE."
Page 5551
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 1 and 2 of Ordinance No. 159 of the City of Livonia,
known as the "Livonia Municipal Library Commission Ordinance," are hereby amended to
read as follows:
Section 1. There is hereby created a Municipal Library Commission of
the City of Livonia to consist of seven (7) members appointed by the Mayor
pursuant to Section 2, Chapter V of the City Charter and to hold office at
the pleasure of the Mayor.
Section 2. The Commission members shall, immediately after their ap-
pointment, meet and organize by the election of one (1) of their number as
president, and by the election of such other officers as they may deem
necessary. The Commission shall meet not less than once each month for the
transaction of business. The Commission shall make and adopt such by-laws,
rules and regulations governing their procedure, for their own guidance and
for the government of the library and reading room, as may be expedient.
The Commission shall have control over the expenditure of all monies ap-
propriated or collected to the credit of the library fund, and of the con-
struction of any library bui;ding, and of the supervision, care, and custody
of the grounds, rooms or buildings erected, leased, or set apart for such
purpose; provided, that all money received for such library shall be deposited
in the treasury of the City to the credit of the library fund and that all
money under the control of the Commission shall be kept separate and apart
from other monies of the City, and drawn upon by the proper officers of the
City, only upon properly authenticated vouchers approved by the Commission
or its authorized representatives. Said Commission shall have the power to
recommend the purchase or lease of grounds and buildings for the use of said
library; shall be the appointing authority for all library employees; and
shall, in general, carry out the spirit and intent of this ordinance in
establishing and maintaining a public library and reading room.
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.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Couhcil.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION ) OF ORDINANCE NO. 231
OF THE CITY OF LIVONIA, KNOWN AS THE "LIVONIA INDUSTRIAL
DtvELOrMENT COMMISSION ORDINANCE."
THE CITY OF LIVONIA ORDAINS:
Page 5552
Section 1. Section 4 of Ordinance No. 231 of the City of Livonia, known as
the "Livonia Industrial Development Commission Ordinance," is hereby amended to read
as follows:
Section li.. Appointment. The Commission shall consist of nine (9)
members appointed by the Mayor pursuant to the provisions of Section 2,
Chapter V of the City Charter and to hold office at the pleasure of the
Mayor.
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.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 229
OF THE CITY OF LIVONIA, KNOWN AS THE "LIVONIA COM-
MISSION ON CHILDREN AND YOUTH ORDINANCE."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 2 of Ordinance No. 229, of the City of Livonia, known
as the "Livonia Commission on Children and Youth Ordinance," is hereby amended to read
as follows:
Section 2. Appointment; Compensation. The Commission shall consist
of nine (9) members appointed by the Mayor pursuant to the provisions of
Section 2, Chapter V of the City Charter and to hold office at the pleasure
of the Mayor. The Director of Public Safety, Municipal Judge, Chairman of
the Parks and Recreation Commission and City Attorney shall be ex-officio
members of the Commission. The members shall serve without compensation.
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.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Page 5553
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 1 AND 3 OF ORDINANCE NO. 211
OF THE CITY OF LIVONIA, KNOWN AS THE "LIVONIA HISTORICAL
COMMISSION ORDINANCE."
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 1 and 3 of Ordinance No. 211 of the City of Livonia,
known as the "Livonia Historical Commission Ordinance," are hereby amended to read
as follows:
Section 1. Historical Commission; Members; Appointment. A Historical
Commission of the City of Livonia is hereby created which shall consist of
seven (7) members appointed by the Mayor pursuant to the provisions, of
Section 2, Chapter V of the City Charter and to hold office at the pleasure
of the Mayor.
Section 3. Authority to Recommend Purchase or Lease of Premises.
The Commission shall have the power to recommend the purchase, lease or use
of grounds and buildings to be used to foster the historical interests of the
city. The Commission shall in general carry out the spirit and intent of
this ordinance in fostering the preserving the historical lore of the City
of Livonia.
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 holing shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing Ordinance was placed on the t able for consideration at the next
regular meeting of the Council.
Councilman McNamara introduced the following Ordinances
AN ORDINANCE AMENDING SECTION 8 OF ORDINANCE NO. 52
KNOWN AS THE "ELECTRICAL LICENSING ORDINANCE OF THE
CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 8 of Ordinance No. 52 known as the "Electrical Licensing
Ordinance of the City of Livonia," is hereby amended to read as follows:
Section 8. Board of Examiners. A Board of Examiners is hereby con-
stituted consisting of the Electrical Inspector of the City of Livonia and
three (3) other persons appointed by the Mayor pursuant to the provisions
of Section 2, Chapter V of the City Charter and to hold office at the
Page 5554
pleasure of the Mayor. At least one of the members of said Board shall be
a licensed Electrical Contractor and shall have had ten (10) years or more
experience in electrical work. This Board shall examine all applicants for
either Contractor's or Journeyman Electrician's licenses. Applicants failing
to pass will not be eligible for re-examination in any reciprocating muni-
cipality for a period of thirty (30) days. All applicants for licenses shall
designate their legal address as the location of their residence in the case
of Journeyman Electricians, and their legal address as the principal place of
business in the case of Electrical Contractors. All Electrical Contractors
and Journeyman Electricians having their legal address within the corporate
limits of the City of Livsnia shall secure their license from the City Clerk.
An examination fee of Five Dollars ($5.00) shall be paid by each applicant
who seeks either an Electrical Contractor's license or an Electrical Journey-
man's license.
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.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Councilman McNamara introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 2.12 OF ORDINANCE NO. 21
OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "TRAFFIC
ORDINANCE."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 2.12 of Ordinance No. 21 of the City of Livonia, knoum
and cited as the "Traffic Ordinance," is hereby amended to read as follows:
Section 212 Traffic Commission; Powers and Duties.
(a) There is hereby established a Traffic Commission consisting of
seven (7) regular members and four (4) ex-officio members. The regular
members shall be appointed by the Mayor pursuant to Section 2, Chapter V
of the CityCharter and to hold office at the pleasure of the Mayor. The
ex-officio members of the Traffic Commission shall be the City Traffic
Engineer, the Chief of Police or as his representative, the Chief of
the Traffic Division, the Chairman of the City Council Traffic Committee,
and the City Attorney. The Chairman of the Commission shall be appointed
by the Mayor from the regular members and may be removed as Chairman by
the Mayor.
(b) It shall be the duty of the Traffic Commission, and to this end it
shall have the authority within the limits of the funds at its disposal,
Page 5555
to coordinate traffic activities, to carry on educational activities in traffic
matters, to supervise the preparation and publication of traffic reports, to
receive complaints having to do with traffic matters, and to recommend to the
legislative body of this City and to the City Traffic Engineer, the Chief of
the Traffic Division and other City officials, ways and means for improving
traffic conditions and the administration and enforcement of traffic regula-
tions.
(c) The Traffic Commission shall have all of the powers and duties con-
ferred upon it by this ordinance or any ordinance of the City of Livonia.
Section 2. Ordinance No. 315 is hereby repealed as of the date this ordinance
becomes effective and all other 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.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, i t was
#535-62 RESOLVED that, the letter dated July 11, 1962, from the Mayor
regarding Council meeting area in the west end of the City Hall, is hereby
referred to the Finance Committee for report and recommendat±n.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
RESOLVED that, the letter dated July 11, 1962, from the Mayor
regarding an Industrial Coordinator is hereby referred to the Committee
of the Whole for consideration in the next budget.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Daugherty and Parks.
NAYS: Dooley, McNamara, Kleinert and Bagnall.
The President declared the resolution denied.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#536-62 RESOLVED that, the letter dated July 11, 1962, from the Mayor
regarding an Industrial Coordinator is hereby referred to the Finance
Committee for report and recommendation.
Page 5556
By Councilman McNamara, seconded by Councilman Kleinert, it was
RESOLVED that, the letter dated July 11, 1962, from the Mayor
regarding an additional assistant city attorney is hereby referred tothe
Finance Committee for report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McNamara and Kleinert.
NAYS: Dooley, Daugherty, Parks and Bagnall.
The President declared the resolution denied.
By Councilman Dooley, seconded by Councilman Daugherty, it was
#537-62 RESOLVED that, the letter dated July 11, 1962, from the Mayor
regarding an additional assistant city attorney be received and placed
on file.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, Daugherty, Parks and Bagnall.
NAYS: Mc Namara and Kleinert.
The President declared the resolution adopted.
The letter dated July 11, 1962, from the Mayor, informing the Council of the
appointment of Mr. Austin T. Grant to represent the City of Livonia on the Citizens
Advisory Committee for Wayne County, was received and placed on file.
The letter dated July 11, 1962, from the Mayor informing the Council of the
appointment of Mr. Edward McNamara and Mr. David Jones to represent the City of Livonia
at the Wayne County Department of Health meeting on Air pollution Control, wns received
and placed on file.
By Councilman Daugherty, seconded by Councilman Parks, it was
#538-62 RESOLVED that, the letter dated July 11, 1962, regarding a
non-resident income tax, and the attached ordinance is hereby referred
to the Department of Law for preparation of the necessary ordinance and
report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
LAYES: Dooley, McNamara, Daugherty, Parks and Kleinert.
NAYS: Bagnall.
The President declared the resolution adopted.
Page 5557
By Councilman Dooley, seconded by Councilman McNamara, it was
#539-62 RESOLVED that, this Council requests of the Mayor his recom-
mendation relative to legislation which will reflect the reduction in
property taxes referred to in his letter of July 11, 1962.
The President relinquished the chair to the Vice President at 8:50 P. M., to speak
on the motion; resumed the chair at 8:55 P.M., and again relinquished the chair at
8:57 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, Daugherty, Kleinert and McNamara.
NAYS: Bagnall and Parks.
The Vice President declared the resolution adopted.
The President resumed the chair at 9:00 P. M.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#5140-62 RESOLVED that, the letters dated June 29, 1962, and July 13,
1962, from the Director of Civil Defense, are hereby referred to the
Finance Committee for report and recommendation.
Councilman McNamara was excused at 9:06 P.M., and returned at 9:10 P. M.
The Council departed from the regular order of business to take care of
items on the agenda on which people were waiting.
By Councilman Dooley, seconded by Councilman McNamara, it was
#541-62 RESOLVED that, having considered the report and recommendation
of the City Planning Commission, dated June 25, 1962, in regard to Petition
No. Z-552, submitted by E. L. Pulice for change of zoning in the Southwest
1/4 of Section 15 from R-1-B to P-1, the Council does hereby cohcur with
the recommendation of the City Planning Commission and said Petition No.
Z-552 is hereby denied for the following reasons:
(1) That the requested zoning, if granted, would permit uses likely
to interfere with the peaceful use and enjoyment of adjacent residents;
(2) That the requested zoning would not be in harmony with the com-
prehensive zoning plan or master plan; and
(3) For such other reasons as stated in the recommendation of the Plan-
ning Commission.
Page 5558
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Daugherty, Kleinert and Bagnall.
NAYS: Parks.
The President declared the resolution adopted.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#542-62 RESOLVED that, consideration of the City Planning Commission's
recommendation dated June 27, 1962,in regard to Petition No. Z-544 is
hereby tabled to the next regular meeting of the Council.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#543-62 RESOLVED that, consideration of the City Planning Commission's
recommendation dated June 27, 1962, in regard to Petition No. Z-555, is
hereby tabled to the next regular meeting of the Council.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#544-62 RESOLVED that,having considered the report and recommendation
of the City Planning Commission, dated July 11,1962, in regard to Petition
No. Z-559 submitted by Norbert J. Gerondale of Bill Brown, Inc., for change
of zoning in the Southwest 1/4 of Section 28 from M-2 to C-2, the Council
does hereby concur with the recommendation of the City Planning Commission
and Petition No. Z-559 is hereby approved and granted; and the City Planner
is instructed to cause the necessary map for publication to be prepared in-
dicating 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.
Councilman Dooley introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 28 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 A DDING THERETO SECTION 3.331.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated July 11, 1962 on Petition No. Z-559 having been considered by the Council, the
Council hereby adopts said petition to amend the Zoning Ordinance and the Zoning Map
of the City of Livonia, and all proceedings heretofore conducted on said petition are
hereby approved.
Page 5559
Section 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
section.
Section 3.331. Petition No.Z-559 submitted by Norbert J. Gerondale
of Bill Brown, Inc., is hereby granted and the zoning classification of
the premises hereinafter described is hereby changed from M-2 to C-2 as
requested in said petition:
That part of the Southwest 1/4 of Section 28 described as
beginning at a point on the South line of said section distant
S. 89° 21' E. 893.50 feet from the Southwest corner of Section
28 and proceeding thence S. 890 21' E. along said South line
239.80 feet; thence N. 0° 42' 50" E. 946.0 feet; thence N. 89°
21' W. 239.38 feet; thence S. 0° 441 20" W. 946.0 feet to the
point of beginning, except the interest of the people in the
South 33 feet (Plymouth Road) thereof;
and the Southwest 1/4 of Section 28 of the Zoning Map is hereby amended to
conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 90 of the Zoning Map
of the City of Livonia," showing all of the amendments and changes made in the fore-
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
reason, such holding shall not be construed as affecting the validityof 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 Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#545-62 RESOLVED that, the Council having approved of a zoning change
from M-2 to C-2, on the property described in Petition No. Z-559, and in
view of the petitioner's circumstances which require the immediate develop-
ment of that property, the Council does hereby authorize the Bureau of
Inspection to issue, without delay and without further proceedings before
the Planning Commission or Council, a building permit for a used car sales
and showroom; however, such building permit to be processed in all other
respects in the ordinary manner.
By Councilman Kleinert, seconded by Councilman Dooley, it was resolved
that
Page 5560
#546-62 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 18, for paving
West Chicago between Merriman and Hubbard Roads in the East 1/2 of Section
34 in the City of Livonia, as required by the provisions of the City Charter
and Ordinance No. 31, as amended, of the City of Livonia, a public hearing
having been held thereon on July 16, 1962, at 8:00 p. m., at the City Hall
33001 Five Mile Road, Livonia, Michigan, and the City Council having duly
met and reviewed the special assessments levied on the special assessment
roll as prepared by the City Assessor to cover the district portion of the
cost of street improvements to be constructed in Special Assessment District
No. 18; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated June 14, 1962, in the
amount of $35,000.00, are fair and equitable and based upon benefits
to be derived by the construction of the improvement proposed in said
district in accordance with the plans of the City Engineer and resolu-
tions of the City Council.
2. Said Special Assessment Roll No. 18 is hereby approved and
confirmed in all respects.
3. The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of six per cent (6%) per
annum on the unpaid balance of the assessment from the date of con-
firmation. In such cases where the installments will be less than
Ten Dollars ($10.00), the number of installments shall be reduced so
that each installment shall be above and as near Ten Dollars ($10.00)
as possible. The first installment shall be due and payable December 1,
1962, and subsequent installments on December 1st of succeeding years.
4. Pursuant to the provisions of Sections 14 and 17 of Ordinance
No. 31, as amended, the City Clerk shall endorse the date of confirmation
on the assessment roll, and the said assessment roll shall then be im-
mediately transmitted to the City Treasurer who shall then publish
notice as is required by Section 17, and mail assessment statements
to the respective property owners assessed in manner and substance as
provided by said Section 17. Any property owner assessed may, within
sixty (60) days from the date of confirmation of the roll, pay the
whole or any part of the assessment without interest or penalty.
5. The first installment shall be spread upon the 1962 City tax
roll in the manner required by Section 19 of Ordinance No. 31, as amended,
together with interest upon all unpaid installments from the date of
confirmation of the roll to December 1, 1962, and thereafter one (1)
installment shall be spread upon each annual tax roll, together with
one (1) year's interest upon all unpaid installments; provided, however,
that when any annual installment shall have been prepaid in the manner
provided by said Ordinance No. 31, either within the sixty (60) day
period as provided by Section 18, or after the expiration of the sixty
Page 5561
(60) day period as provided by Section 21, then there shall be spread
upon the tax roll for such year only the interest for all unpaid in-
stallments.
6. That the City Council having determined to pay the entire cost
of improving intersections and improvements adjacent to school properties
and having determined to additionally contribute to the total e)st of
the improvement in said district, the sum of $23,324.69 is hereby trans-
ferred from the Middlebelt Road Paving Account to the Special Assessment
District No. 18 Account to cover the City's cost of said improvement.
7. Further, for the purpose of this resolution, the sum of
$11,675.31 is hereby advanced to Special Assessment District No. 18,
such sum to be returned as revenues are available to the district.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
At 9:31 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 and unanimously
adopted, it was
#51x7-62 RESOLVED that, having considered the report and recommendation
dated July 11, 1962, from the Water and Sewer Committee, regarding certain
adverse drainage conditions in the Thomas Elliott Subdivision, and the En-
gineering Division report dated March 13, 1962, in connection therewith,
the Council does hereby request the Engineering Division to prepare and
submit the total estimated cost of labor and material necessary to correct
such drainage conditions.
By Councilman Parks, seconded by Councilman McNamara, it was
#548-62 RESOLVED that, having considered the report and recommendation
dated July 11, 1962, from the Water and Sewer Committee, the Council does
hereby approve of the proposed agreement by and between the Office of the
Wayne County Drain Commissioner and the City of Livonia regarding the
necessary maintenance and repair work on County drains within the limits
of the City of Livonia, which agreement for identification purposes is
that agreement approved as to form on March 23, 1962, by the Wayne County
Prosecutor and executed by the Wayne County Drain Commissioner; and the
Council does hereby authorize and direct the Mayor and City Clerk to affix
their signatures to such agreement for and on behalf of the City of Livonia
and to do all other things necessary and incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara,Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
Page 5562
By Councilman Parks, seconded by Councilman Kleinert and unanimously
adopted, it was
#549-62 RESOLVED that, having considered the report and recommendatioh
dated July 11, 1962, from the Water and Sewer Committee, the Council does
hereby deny the request from Mr. Eugene Sloan, proprietor of the Terrace
Theatre, dated February 23, 1962, for a °pay-back agreement" for connections
to a certain sanitary sewer ihstalled to service such theater; and the
Council takes this means to inform Mr. Sloan that it has been and still is
the policy of the City Council not to enter into such pay-back agreements.
By Councilman Parks, seconded by Councilman Kleinert and unanimously
adopted, it was
#550-62 RESOLVED that, having considered the report and recommendation
dated July 11, 1962, from the Water and Sewer Committee, the Council does
hereby defer any further consideration or action with regard to the complaint
from Mr. George Young, 15110 Bainbridge Avenue, regarding standing water on
his property, it being the understanding of the Council that adjoining
residents do not concur in the remedy suggested by the Engineering Division
and that Mr. Young has suggested that further consideration be deferred.
By Councilman Kleinert, seconded by Connc ilman Parks, it was
#551-62 RESOLVED that, having considered the request dated July 17, 1962,
from the Gordon-Begin Company, the Council does hereby reaffirm and readopt
the approval granted to the proposed Marcy Ann Subdivision by Council
resolution #182-60, adopted on March 28, 1960.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, Parks, Kleinert and Bagnall.
NAYS: McNamara and Daugherty.
The President declared the resolution adopted.
By Councilman Dooley, seconded by Councilman Kleinert and unanimously
adopted, it was
#552-62 RESOLVED that, having considered the communication dated May 10,
1962, from the Acting Chief Inspector, the Council does hereby amend its
previous resolution #971-57, so as to delete Item #3 thereof in its entirety,
which iter has heretofore required a monthly report to the Council indicat-
ing all building permits which have been denied because of inadequate storm
drainage facilities; provided, however, that all other provisions of resolu-
tion #971-57 shall continue and in no way be affected by this resolution.
By Councilman McNamara, seconded by C ouncilman Kleinert and unanimously
adopted, it was
Page 5563
#553-62 RESOLVED that, having considered the communication dated June 26,
1962, from the Department of Law, and attached offer from Brashear, Brashear
and Mies, attorneys-at-law, dated June 19, 1962, transmitting the final offer
of certain property owners to convey their property to the City of Livonia,
the Council does hereby reject the final offer of Mr. and Mrs. Melvin Barker
and Mr. end Mrs. Bert Halloran, place on file for the future information of
the Council the aforesaid communication, and determine to consider no further
the acquisition of such property; and the Council does hereby request the
City Clerk to forward copies of this resolution to the representatives of
Messrs.Barker and Halloran for their information.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#554-62 RESOLVED that, the communication dated May 18, 1962, from the
Budget Director and Chief City Engineer, entitled "Review of Sewer Rate
Study" and submitted pursuant to resolution #216-62, is hereby referred
to the Water and Sewer Committee for its report and recommendation.
By Councilman Kleinert, seconded by Councilman Parks and unanimously
adopted, it was
#555-62 RESOLVED that, the communication dated June 15, 1962, from the
Chief City Engineer, submitted pursuant to resolutioh #280-62, regarding
the adverse condition of the Tarabusi Drain reported by letter of March 28,
1962, from Mr. and Mrs. Fred H. Apel of 29967 Curtis Avenue, is hereby
referred to the Engineering Division for an estimate of cost and to the
Mayor for possible inclusion in the budget for the next fiscal year,
together with any report or recommendation as to the possibility of
qualifying for federal funds under federal work project or work relief
project.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#556-62 RESOLVED that, having considered the report dated July 3, 1962,
from the Department of Law with regard to the proposed installation of the
water main on Hidden Lane, the Council does hereby determine to proceed no
further with such installation and, for this purpose, rescinds its previous
resolution #831-61, it being the understanding of the Council that the
residents on Hidden Lane have declined to agree to connect to the new water
main and pay all costs attendant to such connection; the City Clerk is
hereby requested to transmit copies of this resolution to the residents on
Hidden Lane for their information and reference; and the City Clerk and
Chief Accountant are hereby specifically notified of this action to with-
draw the authorization to expend the sum provided in the above noted resolu-
tion #831-61 for this purpose.
Councilman Kleinert introduced the following Ordinance:
Page 5564
AN ORDINANCE TO AMEND SECTIONS 8, 9, 10, 22, 23, 24, 25 AND
26 OF ORDINANCE NO. 43, AS AMENDED, ENTITLED "AN ORDINANCE
TO PROVIDE FOR THE REFUNDING OF OUTSTANDING WATER SUPPLY SYSTEM
REFUNDING AND EXTENSION REVENUE BONDS, AND CONSTRUCTION OF
EXTENSIONS AND IMPROVEMENTS TO THE WATER SUPPLY SYSTEM OF THE
CITY OF LIVONIA: AUTHORIZING AND PROVIDING FOR THE ISSUANCE
OF SELF-LIQUIDATING REVENUE BONDS FOR THESE PURPOSES UNDER
THE PROVISIONS OF ACT 94, PUBLIC ACTS OF MICHIGAN, 1933, AS
AMENDED; PROVIDING FOR THE FIXING, COLLECTION, SEGREGATION
AND DISPOSITION OF THE REVENUES OF SAID WATER SUPPLY SYSTEM
OF THE SAID CITY OF LIVONIA, AND PROVIDING FOR A STATUTORY
LIEN IN FAVOR OF THE HOLDER OR HOLDERS OF SUCH BONDS UPON
THE WHOLE OF SUCH REVENUES.°
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 8, 9, 10, 22, 23, 24, 25 and 26 of Ordinance No. 43, as
amended, of the City of Livonia, known as the !Water Supply System Ordinance,° are hereby
amended as follows:
Section 8. Charges for service rendered and water supplied by the
System shall be charged each lot or parcel of land, building, premises,
or part thereof having any connection with the System, on the basis of the
Schedules of Rates provided in the °Water Rate Ordinance" of the City of
Livonia, Ordinance No. , as amended.
Section 9. No free service shall be furnished by said System to any
person, firm or corporation, public or private, or to any public agency or
instrumentality.
Section 10. The rates hereby fixed are estimated to be sufficient to
provide for the payment of the expenses of administration and operation and
such expenses for maintenance of said System as are necessary to preserve the
same in good repair and working order, to provide for the payment of interest
upon and the principal of all the bonds as and when the same become due add
payable, and the creation of the bond reserve therefor required by this or-
dinance, and to provide for such other expenditures and funds for said System
as this ordinance may require. Such rates shall be fixed and revised from
time to time as may be necessary to produce these amounts, and it is hereby
covenanted and agreed at all times to fix and maintain such rates for services
furnished by the System as shall be sufficient to provide for the foregoing.
Section 22. If any section, paragraph, clause or provision of this or-
dinance shall be held invalid, the invalidity of such section, paragraph,
clause or provision shall not affect any of the other provisions of this
ordinance.
Section 23. All ordinances, resolutions or orders, or parts thereof,
in conflict with the provisions of this ordinance, are to the extent of such
conflict hereby repealed.
Section 24. Ordinance No. 14 of the Township of Livonia hereinbefore
referred to is hereby repealed.
Page 5565
Section 25. This ordinance shall be published in full in The Livonian,
a newspaper of general circulation in the City of Livonia, qualified under
State law to publish legal notices, within one (1) week after its passage.
Section 26. This ordinance shall become effective immediately upon its
adoption, to wit: January 21, 1962.
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,
and Ordinances No. ]J.9, No. 294, No. 31,2, No. 350 and No. 371 are hereby specifically
repealed, provided, however, said repeal shall not abate any action now pending under
or by virtue of the ordinances or parts thereof herein repealed; nor shall said repeal
discontinue, abate, modify or alter any responsibility or obligation of any person, firm
or corporation or waive any right of the City of Livonia under any section or provision
of the ordinances herein repealed existing on the effective date of this ordinance.
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 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 Kleinert introduced the following Ordinance:
AN ORDINANCE TO ESTABLISH THE CHARGES AND RATES FOR
SERVICES RENDERED BY AND FOR CONNECTION TO THE
WATER SUPPLY SYSTEM OF THE CITY OF LIVONIA.
THE CITY OF LIVONIA ORDAINS:
Section 1. Short Title. This ordinance may be known and cited as tte "Water
Rate Ordinance."
Section 2. Definitions. The words and phrases defined in this section,
whenever used in this ordinance, shall for the purpose of this ordinance, have the
meanings ascribed to them in this section.
"SYSTEM" - Whenever the words "the System" or "System" are used in
this ordinance, they shall be understood to mean the complete Water Supply
System of the City of Livonia, including all additions, extensions, improve-
ments and appurtenances thereto.
"REVENUES" - Wherever the words "revenues" and "net revenues" are used
iii this ordinance, they shall be understood to have the meaning defined in
Section 3 of Act 9L of the Public Acts of Michigan of 1933, as amended.
Section 3. Rates and Charges. Charges and rates for services rendered and
water supplied by the Water Supply System, and connections thereto, shall be charged to
each lot or parcel of land, building, premises, or part thereof having any connection
with the System on the basis of the schedules of charges and rates provided in the
following sections of this ordinance.
Page 5566
Section Li. Consumption Rates:
Effective with first billing on or after June 1, 1962:
From 0 to 2,000,000 cu, ft. per month - $1.80 per 1,000 cu. ft.
From 2,000,000 to 3,000,000 cu. ft. per month - $1.60 per 1,000 cu. ft.
All over 3,000,000 cu. ft. per month - $1.50 per 1,0u0 cu. ft.
Rates presently established shall continue for bills issued on or before
May 31, 1962.
Section 5. Monthly Service Charge:
Meter Size Service Charge
5/8" $ .50
3/4" .62
1" .98
1-1/2" 1.70
2" 2.66
3" 3.62
Li" 1 .58
6" 7.56
8" 11.60
Section 6. Minimum Charge:
Each water user shall pay a minimum charge of $3.00 per quarter.
Section 7. Debt Service Charge;
An additional charge of $3.00 per quarter will be charged to all
residential and commercial water users connected to mains constructed
between July 1, 1940 and January 1, 1952, until such charge has been
paid to the amount of $2.00 per front foot of such property. An
additional charge of $14.50 per quarter will be charged to all residential
and commercial water users connected to mains constructed with the pro-
ceeds of this bond issue, until such charge has been paid to the amount
of $3.00 per front foot of such property.
Industrial users connected to the mains constructed with the proceeds of
this bond issue, shall pay a debt service charge of $3.00 per front foot
of the property served, said payments to be amortized over a period of
ten (10) years and payable in equal quarterly installments.
Section 8. Service Connection charges:
(a) For Residents:
Charges for service connections shall be payable in advance and
at the time that the application for the same is made and are
fixed as follows:
Page 5567
STREET WIDTH 60 to 85 FEET
TaP Meter Charge
3/4" 5/8" $150.00
1" 3/4" 180.00
1-1/2" 1" 320.00
2" 1-1/2" 1150.00
3/4" 3/4" 163.38
19 1" 198.73
1-1/2" 1-1/2" 371.12
2" 2" 645.91
STREET WIDTH 86 to 120 FEET
Tai Meter Charge
3/4" 5/8" $180.00
1" 3/4" 230.00
1-1/2" 1" 395.00
2" 1-1/2" 565.00
3/4" 3/4" 193.38
1" 1" 248.73
1-1/2" 1-1/2" 446.12
2" 2" 760.91
STREET WIDTH 121 to 204 FEET
Tai Meter Charge
3/4" 5/89 $205.00
1" 3/11" 290.00
1-1/2" 1" 4P0.00
2" 1-1/2" 695.00
3/4" 3/4" 218.38
1" 1" 308.73
1-1/2" 1-1/2" 541.12
2" 2" 890.91
Except,however, that for connection to any- building in existence
and occupied on June 1, 1962, the following rates shall be charged
provided the user makes applicati on and connects to the Water
Supply System within eighteen (18) months thereafter:
$160.00 for a road 204 feet wide;
$135.00 for a road 120 feet wide; and
$105.00 for all others.
For all connections to premises within the City
immediately abutting and fronting on any road,
Is the center line of which is a corporate lime of
the City, the charge shall be $150.00
Page 5568
Notwithstanding any of the above provisions of this subsection,
all water service connection in excess of 2" in diameter shall
be made by and at the expense of the applicant after depositing
with the City of Livonia a $300.00 cash performance bond; in
all such cases, the service connection charge shall be in the
amount of $75.00 for residents.
Applications for service connection shall be made prior to the
.issuance of a building permit for the premises to be served.
(b) For Non-Residents:
The charge for service connections to the Livonia Water Supply
System by non-residents to service any prorerty or premises
outside the corporate limits of the City shall be payable in
cash in advance at the time of application and is fixed at
$250.00 for each such connection.
(c) Revision of Charges:
Such charges may be revised from time to time at the discretion
of the City Council, but shall always be fixed at not less than
the cost of making such service connections.
Section 9. Fire Hydrant Rental Charge:
For fire protection service the City shall pay, in quarterly install-
ments, the sum of Ten Dollars ($10.00) per year for each fire hydrant,
from its current funds, or from the proceeds of taxes which the City
is authorized to levy for such purpose.
Section 10. Swimming Pool Charge:
Where any fire hydrant situated in the City of Livonia is used for
the purpose of filling a private swimming pool, the user shall first
obtain permission from the Water and Sewer Division of the City of
Livonia and, prior to such approval and use, pay to the Water and
Sewer Division a service charge of $10.00 for each such use of the
fire hydrant and shall also pay to the City of Livonia the cost of
all water used for such purposes in accordance with the schedule of
rates provided for in this ordinance.
Section 11. Special Rates or Charges:
For non-metered water services rendered, or any other water service
furnished which is not covered by the above schedule, or miscel-
laneous services for which a special rate should be established,
such rates shall be fixed by the City Council.
Section 12. Air Conditioning Demand Charge:
(a) Inclusion in Schedule of Water Rates. There s hall be included in
the Water Department Schedule of Water Rates a demand charge applicable to
all water cooled air conditioning equipment used for space cooling for human
comfort that is not of the approved water conserving type.
Page 5569
(b) Schedule of Demand Charges. All users of air conditioning installa-
tions not of the approved water conserving type shall pay a demand charge of
$8.00 per ton of refrigeration commencing with the calendar year of 1962 and
thereafter.
(c) Demand Charge in Addition to Current Charge for Water. The demand
charge shall be in addition to the current charge for water used and shall
be billed and collected in the manner described herein, and otherwise shall
be subject to all the rules and regulations of the Water Department in regard
to collection of water bills including penalties for nonpayment thereof.
(d) Billing for Demand Charges. The annual demand charge shall be billed
in one sum on or about Nay 1 of each year and be due and payable without
penalty charge on the due date indicated on the bill, which date shall in no
case be less than ten (10) days after the bill is properly addressed and placed
in the United States mail depository; provided, however, that the demand charge
bill may be paid without penalty in four (4) or less equal monthly installments
during the months immediately following the due date.
(e) Demand Charges for Installations Made During Applicable Seasob. The
demand charge shall be applicable to all air conditioning units of the type
herein described which are installed and connected to the Livonia Water Supply
System in the City prior to October 1st of the calendar year in question;
provided, however, that the denand charge for air conditioning units installed
and connected to the Livonia Water Supply System during the air conditioning
season shall apply as follows:
For units installed and connected to the Livonia
Water Supply System Prior to July 1 Entire annual charge;
Between July 1 and July 31 3/4 of the annual charge;
Between August 1 and August 31 1/2 of the annual charge;
Betweenpt. 1 and Sept. 30 1/4 of the annual charge;
After September 30 No charge for that calendar yr.
(f) Systems Permanently Disconnected or Converted. Air conditioning units
subject to the demand charge which are permanently disconnected from the
Livonia Water Supply System or which are converted to the approved water con-
serving type during the air conditioning season, shall be subject to the
demand charge as follows:
Disconnected or converted prior to May 1 No charge;
Disconnected or converted between May 1
and June 30 V4 of annual charge;
Disconnected or converted between July 1
and July 31 1/2 of annual charge;
Disconnected or converted between August 1
and Sept. 30 3/4 of annual charge;
After September 30 Entire annual charge.
Page 5570
(g) Approved Type - Use of Water for Cooling. Users of air conditioning
equipment of the approved water conserving type, may if they so elect use
water as the cooling medium without recirculation between October 1 and May 1,
without causing such use of equipment to become subject to the demand charge.
(h) Rated Capacity. The capacity of a unit in tons shall be the greatest
of the following:
1. The manufacturer's rating in tons per 2L hr. of
equivalent ice-making capacity.
2. The 2)4 hr. BTU rating of heat removal capacity
divided by 288,000.
3. The horsepower rating of the motor driving the
refrigerant compressor.
14.. Nine-tenths of the horsepower rating of a motor
driving both compressor and fan.
5. Where none of the above ratings is available, or
where question arises as to the accuracy of any rating,
the rating shall be determined by measurement of power
input to the compressor motor, the rate of fuel consumption,
or other suitable means.
(i) Approved Water Conserving Type. Approved water conserving type
shall be one:
1. Which is equipped with cooling tower, atmospheric condenser,
spray pond, or other equipment which shall directly or indirectly
cool refrigerant, and
2. Which can use water from the Livonia Water Supply System only
for makeup water to replace water lost by evaporation or by
flushing of the equipment, and
3. Which uses an average of less than 12 gallons of water from
the Livonia Water Supply System per hour per ton of cooling
capacity when the unit is operating, and
1.. Which has no piping connection to allow operation of the
air conditioning unit by direct use of water from the Livonia
Water Supply System either in conjunction with or in place of
such cooling tower, atmospheric condenser, spray pond, or
other recirculating and heat-exchanging equipment, except as
provided for in the preceding section hereof.
Section 13. Water Service to Premises Outside the City Limits. In the event
the owner of premises situated outside but abutting the corporate limits of the City of
Livonia may desire the installation of water service to such premises by connecting to
the Livonia Water Supply System, and in the event accessible water mains have been in-
stalled along or near the said corporate limits, such owner or his agent may apply to
the Water and Sewer Division for a permit for a water service pipe to be laid and a
Page 5571
tap and connection to be made with such abutting premises to the Livonia Water Supply
System, and the City does hereby authorize the furnishing of a water supply to such
premises under the following terms and conditions:
(a) An application in writing shall be made therefor, setting forth such
information as may be required by the terms of this ordinance and by the
Water and Sewer Division; including a certified copy of a resolution
adopted by the governing body of the municipality in which the applicant
resides indicating it has no objection to the proposed connection.
(b) The applicant and all persons claiming as owners of the premises
to be serviced by such water connection shall specifically agree that
they will at all times be subject to and will abide by the terms and
provisions of this ordinance, or any other existing or future applicable
ordinance of the City, including the payment of established water rates,
together with the reasonable rules and regulations issued by the Depart-
ment of Public Works, or any division thereof in the City governing such
water connection.
(c) The applicant, at the time the application is filed, shall deposit
the sum of Fifty Dollars ($50.00) with the Water and Sewer Division as
security, (1) for the payment of estimated water charges to be made against
the applicant's premises, and (2) to reimburse the City for the cost of
severing water service to the premises of the applicant when the termination
thereof is desired, or either of them. The City shall be authorized to use
any part or all of the deposit to reimburse the City for any delinquent water
charges, or to cover expense incurred by the City in terminating said service,
or for either said purposes as the need therefor arises.
(d) The applicant shall bear the entire cost of making the requested
connection and shall also assume the responsibility for promptly_remitting
to the City all rates and charges established by ordinance for water service.
(e) The applicant shall agree in the application to take water from the
municipality of his domicile or place of business within six (6) months
after notice from the Water and Sewer Division of the City that water is
available to his premises from such municipality; provided, however, that
the provisions of this subsection may be waived if the City Council of the
City of Livonia shall, by appropriate resolution, determine that an owner
or lessee of premises outside but adjacent to the City may take or continue
to take water from available city mains even though water is also available
to such premises from the municipality in which the applicant's property is
situated.
(f) The water service herein authorized may be terminated at any time
upon thirty (30) days notice in writing to either the owner or occupant
of any such abutting premises after the City Council has determined that
the use of such privilege is being carried on in violation of any ordinance
provision of the City or in violation of any rule or regulation of the
Department of Public Works or any of its divisions.
Section ]J... Free Service Prohibited. No free service shall be furnished
said System to any person, firm or corporation, public or private, or to any public
agency or instrumentality.
Page 5572
Section 15. Sufficiency of Rates. The rates hereby fixed are estimated to
be sufficient to provide for the payment of the expenses of administration and operation
and such expenses for maintenance of said System as are necessary to preserve the same
in good repair and working order, to provide for the payment of interest upon and the
principal of all the bonds as and when the same become due and payable, and the creation
of the bond reserve therefor required by this ordinance, and to provide for such other
expenditures and funds for said System as this ordinance may require. Such rates shall
be fixed and revised from time to time as may be necessary to produce these amounts,
and it is hereby covenanted and agreed at all times to fix and maintain such rates for
services furnished by the System as shall be sufficient to provide for the foregoing.
Section 16. Billing:
Charges for water service shall be collected quarterly, provided, however,
billing may be changed to monthly billing in such circumstances as are deemed advisable.
Bills shall become due and payable on the date specified in said bills, and if not paid
within fifteen (15) days thereafter, a 10% penalty shall be added thereto.
Section 17. Deposit:
A cash deposit of Fifteen Dcllars ($15.00) as security for payment of water
rates shall be required of each user in such cases as the City Council shall deem such
security to be advisable, or in such cases where a deposit is required by the provisions
of Section 21 of Act 94,, Public Acts of Michigan, 1933, as amended.
Section 18. Enforcement:
Charges for water service shall constitute a lien on the property served and
during March of each year the persoh or agency charged with the management of said
System shall certify any such charges which as of March 1st of that year have been
delinquent six (6) months or more to the City Assessor who shall enter the same upon
the City Tax roll of that year against the premises to which such service shall have
been rendered, and said charges shall be collected and said lien shall be enforced in
the same manner as provided in respect to taxes assessed upon such roll; provided, that
when a tenant is responsible for the payment of any such charge against any premises
and the Water Department or City Council is so notified in writing, then no such charge
shall become a lien against such premises from and after the date of such notice. In
the event of the filing of such notice, no further service shall be rendered by the
System to such premises until a cash deposit equal to three (3) times the average
periodical charge to such premises shall have been made as security for the payment of
charges thereto.
In addition to other remedies provided, the City shall have the right to
shut off and discontinue the supply of water to any premises for the nonpayment of
water bills when due. Water services so discontinued shall not be restored until
all sums then due and owing shall be paid.
Section 19. Collection, Use and Reservation of Revenues:
The revenues of the System shall be set aside as collected and deposited as
ordered, required and provided in Ordinance No. 43, as amended of the City of Livonia.
Section 20. Repeal_. 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 abate any action now pending
Page 5573
under or by virtue of the ordinances or parts thereof herein repealed; nor shall said
repeal discontinue, abate, modify or alter any responsibility or obligation of any
person, firm, corporation, or waive any right of the City of Livonia under any section
or provision of the ordinances herein repealed existing or on the effective date of
this ordinance.
Section 21. Severability. Should any portion of this ordinance be held
invalid for any reason, such holding shall not be construed as affecting the validity
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.
The letter dated June 26, 1962, from the Department of Law transmitting a
form for an Irrevocable Letter of Credit, was received and placed on file for the
information of the Council.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#557-62 RESOLVED that, the communication dated June 26, 1962, from the
Department of Law, and the pro1osed amendment to the Parking Lot Ordinance
attached thereto, is hereby referred to the Legislative Committee of the
Council for its report and recommendation.
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it was
#558-62 RESOLVED that, the resolution from the City Planning Commission
regarding adequacy of parking facilities for Pen-Mar Lounge, 31735 Plymouth
Road, submitted pursuant to resolution #324-62, is hereby tabled to the next
study meeting of the Council.
An Ordinance Amending Section 4.05 of Article 4.00 of Ordinance No. 60, as
amended, entitled "Zoning Ordinance of the City of Livonia," introduced on July 11,
1962, by Councilman McNamara, was taken from the table and a roll call vote conducted
thereon with the following result:
AYES: Dooley, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
The President declared the Ordinance duly adopted and would become effective on
publication.
Page 5574
An Ordinance Amending Sections 2 and 26 of the Zoning Map of the City of
Livonia and Amending Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended,
of the City of Livonia, by Adding Thereto Sections 3.329 and 3.330, introduced on
July 11, 1962, by Councilman Kleinert, was taken from the table and a roll call vote
conducted thereon with the following result:
AYES: Dooley, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
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
#559-62 RESOLVED that, the Council having approved of a zoning change
from RUFB to C-2 on the property described in Petition No. Z-553, and in
order to facilitate the development of that property and the use of the
new zoning classification, the Council does hereby authorize the Bureau
of Inspection to issue building permits for a department store and
gasoline filling station without delay or further procedures before the
Planning Commission or Council; however, such building permits to be
proceesed in all other respects in the ordinary manner.
By Councilman Daugherty, seconded by Councilman McNamara and unanimously
adopted, it was
#560-62 RESOLVED that, the petition dated June 11, 1962, from certain
residents on Rensellor, requesting the designation of a play street during
limited hours each week is hereby approved subject to the concurrence of
the Director of Public Safety and such restrictions as the Director of
Public Safety may prescribe.
By Councilman Kleinert, seconded by Councilman McNamara and unanimously
adopted, it was
#561-62 RESOLVED that, the communication dated July 7, 1962, from Mr.
and Mrs. Clarence Hoeft, requesting a fence or retainer wall between their
property and the Carl Sandburg Library, is hereby referred to the Director
of Public Works for his report and recommendation.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
Page 5575
#562-62 RESOLVED that, the communication dated June 30, 1962, from the
Lyndon Meadows Civic Association, registering certain objections and comments
regarding a proposed cross-over on Schoolcraft Road, is hereby referred to
the Engineering Division for its report and recommendation.
By Councilman Parks, seconded by Councilman McNamara and unanimously
adopted, it was
#563-62 RESOLVED that, the communication dated July 2, 1962, from the
Merri-Five Property Owners Association, regarding a certain problem in that
neighborhood, is hereby referred to the Mayor for his disposition and report.
By Councilman McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#564-62 RESOLVED that, having considered the communication dated June 20,
1962, from Christian Enterprise, requesting a refund of a certain permit fee,
the Council does hereby take this means to inform this organization that it
is not the policy of the City nor the prerogative of the Council to authorize
the return of permit fees if the same are lawfully required and collected;
however, the Council has taken the only proper and lawful means of affording
relief in the future by amending the licensing ordinance.
The proposed resolution regarding transportation system was received and
placed on file.
By Councilman Parks, seconded by Councilman Kleinert, it was
#565-62 RESOLVED that, having considered the report and recommendation
dated June 26, 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 #305-62, adopted on April 23, 1962, so as to reduce the bond for
all remaining improvements in Idyl Wyld Estates Subdivision No. 3 to
$79,000.00, of which at least $7,900.00 shall be in cash, to cover the cost
of remaining improvements in said subdivision; and the City Clerk and City
Treasurer are herein 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, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
By Councilman Dooley, seconded by Councilman McNamara, it was
#566-62 RESOLVED that,having considered the letter dated June 27, 1962,
fiom the Acting Superintendent of Operations Division, approved by the Mayor
and Director of Public Works, the Council does hereby transfer the sum of
$715.60 from the Unallocated Fund to the Capital Outlay Account of the
Operations Division for the purpose of purchasing additional janitorial
equipment as listed in the above letter.
Page 5576
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
By Councilman McNamara, seconded by Councilman Kleinert, it was
#567-62 RESOLVED that, having considered the letter dated June 27, 1962,
from the Acting Superintendent of Operations Division, approved by the Mayor
and Director of Public works, the Council does hereby transfer the sum of
$3,819.20 from the Unallocated Fund to the Salaries Account of the Operations
Division for the purpose of covering costs necessary to hire additional
janitorial employees for the balance of the fiscal year.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Parks, Kleinert and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Dooley, seconded by Councilman Parks, it was
#568-62 RESOLVED that,having considered the letter dated July 3, 1962,
from the Director of Public Safety, approved by the Mayor, the Council does
hereby authorize the use of and transfers the sum of $12,000.00 from the
Provision for Anticipated Personnel Account to the Salaries Account of the
Police Department for the purpose of covering increased costs of police
services during the months of July, August and September, due to scheduled
vacations of officers in the Police Department.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Parks, Kleinert and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#569-62 RESOLVED that, having considered the letter dated July 2, 1962s
from the City Assessor, the Council does hereby authorize the use of the
$73.00 referred to in such letter for purchasing in part the supplies
listed in such communication.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
Page 5577
By Councilman Daugherty, seconded by Councilman Dooley and unanimously
adopted, it was
#570-62 RESOLVI) that, the communication dated June 27, 1962, from the
Department of Law transmitting a new and revised draft of the Plat Ordinance
is hereby referred to the Water and Sewer Committee for its report and re-
commendation.
By Councilman Parks, seconded by Councilman McNamara, it was
#571-62 RESOLVED that, having considered the communication dated July 6,
1962, from the Civil Service Commission, the Council does hereby concur in
the establishment of the classification of Foreman III and concurs also in
the recommended salary for such classification of $7,227.20 per annum.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
The resolutions submitted by the City of Hamtramck and the City or Ecorse
regarding distribution of nuisance tax levy, were received and placed on file.
Councilman Daugherty introduced the following Ordinance:
AN ORDINANCE VACATING PORPIONS OF STREET,
ALLEY AND PUBLIC GROUND.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission,
dated May 10, 1962, on Petition No. V-66, for vacating a certain alley, is hereby
accepted and adopted, and the Council does hereby approve all proceedings on said
petition, it appearing that a public hearing thereon was duly held on April 24, 1962,
as provided by law and that the proper notices of such hearing were given.
Section 2. Pursuant to Ordinance No. 29 of the City of Livonia, entitled
"An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public
Ground," as amended by Ordinance No. 50, the following alley is hereby vacated:
The alley described in Petition No. V-66 and being more
particularly described as that portion of the alley twenty
(20) feet in width running between Inkster Road and Rensollor
Avenue and located at the rear of Lots 27 through 30, inclusive,
and adjacent to Lots hI and 1i5 of Assessor's Plat, Argonne State
Subdivision, a subdivision of part of the Northeast 1/4 of
Section 1, Town 1 South, Range 9 East, City of Livonia, Wayne
Cow-Ay, Michigan, recorded in Liber 6!, Page 40 of Plats,
Wayne County Records; provided, however, that there be and
hereby is reserved an easement for public utilities across
the southerly twelve (12) feet of the alley herein vacated.
Page 5578
Section 3. A21 ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
L effect.
Section 4. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity 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 McNamara, seconded by Councilman Kleinert and unanimously
adopted, it was
#572-62 RESOLVED that, the communication dated June 20, 1962, from
Mr. Ben Britman, 19386 Rensellor,regarding reconsideration of the portable
swimming pools, is hereby referred to the Legislative Committee for its
report and recommendation.
By Councilman McNamara, seconded by Councilman Daugherty and unanimously
adopted, it was
#573-62 RESOLVED that, the communication dated June 29, 1962, from the
Director of Public Works, submitted pursuant to resolution #378-62, re-
garding a certain complaint registered by Robert J. Glassmire, is hereby
received and placed on file for the information of the Council.
By Councilman Kleinert, seconded by Councilman Parks, it was
#5Th-62 RESOLVED that, having considered the report and recommendation
dated June 28, 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, so as to reduce the bond for
all remaining improvements in Newburgh Heights Subdivision to $64,000.00,
of which at least $6,1400.00 shall be in cash, to cover the cost of remain-
ing 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, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
Hy Councilman Parks, seconded by Councilman MoNamara, it was
#575-62 RESOLVED that, having considered the report and recommendation
dated July 5, 1962, from the Chief City Engineer, approved by the Mayor
and Director of Public Works, the Council does hereby amend Item No. 3 of
Page 5579
resolution #696-59, adopted on November 9, 1959, and subsequently amended
by resolutions #798-61, #29-62 and #130-62, so as to reduce the bond for
all remaining improvements in Country Homes Estates Subdivision No. 1 to
$25,000.00, of which at least $2,500.00 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 to
the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
The report of the Municipal Court for the month of June, 1962, was received
and placed on file.
By Councilman McNamara, seconded by Councilman Dooley and unanimously
adopted, it was
#576-62 RESOLVED that, the City Council, understanding that the Board
of Trustees of the Northwest Community College is considering a location
for the community college which is west of and outside the City of
Livonia, does hereby take this means of urging the Board of Trustees to
acquire a site and locate the community college within the City of Livonia;
for this purpose, the City Councilrespectfully requests that the Board
consider the following facts before finally determining the permanent
location of the community college:
(1) That the City of Livonia is most centrally located within the
community college district and therefore offers the greatest
possibility for selection of a location which will be most convenient
and accessible to the majority of persons to be partid.pating in
community college activities;
(2) That the City of Livonia has modern, extensive and adequate water
and sanitary sewer facilities available to much vacant land suitably
located for a community college;
(3) That the City of Livonia has established a high standard of modern
police and fire protection services which is reflected in the insurance
rates prevailing in this community;
(4) That the citizens of Livonia contributed to the original conception
of a community college in the northwest area, drafted and promoted state
legislation for this purpose, participated actively in the establish-
ment of a community college, and overwhelmingly supported the community
college proposal at every election on that question;
(5) That the City of Livonia contains approximately 65% of the total
tax base within the community college district and the citizens of
Livonia comprise a substantial majority of the residents of the cam-
Page 5580
mun5ty college district and that the residents and property owners of
this community are assuming the largest portion of the construction and
operating costs of the community college;
therefore, the City Council requests that the Board of Trustees recognize
the above factors and seriously weigh the possibility of locating the com-
munity college within the City of Livonia and toward this end, this City
Council pledges its full cooperation and support wherever possible.
By Councilman Dooley, seconded by Councilman Daugherty and unanimously
adopted, it was
#577-62 RESOLVED that, regular meetings of the Council of the City of
Livonia, for the month of August, be held on August 8, 15, 22 and 29,
1962, at 8:00 p. m.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#578-62 RESOLVED that, the City Council does hereby rescind its previous
resolution #525-62, adopted at its regular meeting held on July 11, 1962.
By Councilman Kleinert, seconded by Councilman McNamara, it was
#579-62 RESOLVED that, having considered the report and recommendation
dated June 27, 1962, from the Acting Superintendent of Operations Division,
approved by the Mayor and Director of Public Works, the Council does hereby
accept the bids of A & A Asphalt Paving Co., 1045 Haynes Avenue, Birmingham,
Michigan; Allied Chemical & Dye, Box 145, Romulus, Michigan; Leonard Refineries,
Inc., 4145 Penobscot Bldg., Detroit 26, Michigan; Great Lakes Asphalt and
Petroleum Co., 12460 Stocker, Detroit 17, Michigan; Allied Materials Corp.,
5200 E. Nevada, Detroit 34, Michigan; and Bill's Road Gil Service, 18220
Cherrylawn, Detroit 21, Michigan, for supplying the City with bituminous
materials:
Material Delivered Pick-Up Vendor
CP(1-3) $ $ 7.25 A & A Asphalt Paving Co.
Blacrete 9.28 8.50 Allied Chemical & Dye
AE (1-3) .1379 .1275 Allied Materials Corp.
MC (0-4) .135 .12 Bill's Road Oil Service
RC (1-4) .11105 Great Lakes Asphalt
RC (1-LL) .1435 Leonard Refineries
RS (1) .1379 .1275 Allied Materials Corp.
31A Slag Agg. 7.10 7.10 Allied C1k nical & Dye
31A Natural Agg. 7.10 Allied Chemical & Dye
31A Natural Agg, 7,25 A & A Asphalt Paving Co.
25A Slag Agg. 7.10 7.10 Allied Chemical & Dye
25A Natural Agg. 7.10 Allied Chemical & Dye
25A Natural Agg. 7.25 A & A Asphalt Paving Co.
all of the above having been the lowest bids received, except the bid of
the A & A Asphalt Paving Company for 31A Natural Aggregate and 25A Natural
Page 5581
Aggretate; it being the understanding of the Council that the A & A Asphalt
Paving Company, while not the low bidder, is located approximately two miles
from the DPW yard, that the low bidder is located approximately fifteen miles
from the DN yard and since the low price is based on the City's pick-up of
these materials, the differential in price between the low bid and the
second lowest bid would not compensate the City for accepting the low bid.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Dooley, McNamara, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
On motion of Councilman Kleinert, seconded by Councilman Daugherty and
unanimously adopted, this 371st regular meeting of the Council of the City of
Livonia was duly adjourned at 10:55 P. M41, July 18, 1962.
(7
Marie 6'. Clark, City Clerk