HomeMy WebLinkAboutCOUNCIL MINUTES 1963-02-20 Page 5864
MINUTES OF THE THREE HUNDRED NINETY-SEVENTH REGULAR MEETING
CSF THE COUNCIL CF THE CITY OF LIVONIA
On February 20, 1963, 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 8:20 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 and James R. McCann. Absent--
John F. Dooley and Edward H. McNamara.
Elected and appointed City officials also present: Juanita Hillas, Deputy
City Clerk; the Director of Public Works; the Budget Director; the City Attorney;
the Chief City Engineer; and the Director of Public Safety.
By Councilman Parks, seconded by Councilman Daugherty and unanimously
adopted, it was
#1011-63 RESOLVED that, the minutes of the 396th regular meeting of the
Council of the City of Livonia, held on February 13, 1963, are hereby
approved.
By Councilman Daugherty, seconded by Councilman Parks and unanimously
adopted, it was
#105-63 RESOLVED that, the letter dated February 20, 1963, from the
Mayor regarding the 5% Budget Reduction, submitted pursuant to resolution
##873-62, is hereby referred to the Committee of the Whole for consideration
and action.
The Council departed from the regular order of business to take up an
item on the agenda on which people were waiting.
By Councilman Daugherty, seconded by Councilman Parks, it was
#106-63 RESOLVED that, having considered the offer dated January 10, 1963,
from Henry S. Banks, 12156 Cavell, Livonia, Michigan, for and on behalf of
himself and B. E. Taylor, Inc., the Council does hereby authorize the
purchase of the following lots, all located within Schanhitets Marquette
Manor Subdivision of part of the East 1/2 of the Southeast 1/4 of Section
25, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, on the
following terms and conditions:
Lots Nos. 1128 thro:gh 46, inclusive, from Henry S. Banks, on a
land contract basis for a total consideration of $11,400.00, with
Page 5865
a $1,11.40.00 dowh payment, the balance to be paid annually over a
period of five (5) years with 6% interest on the unpaid balance;
Lots Nos. 1449 through 152, inclusive, and Lots Nos. !4514 through
1157,, inclusive, from B. E. Taylor, Inc., on a land contract basis,
for a total consideration of $14,800.00, with $1480.00 down payment,
the balance to be paid annually over a period of five (5) years
with 6% interest on the unpaid balance;
and in each case such land contracts are to include such other terms and
conditions as the Department of Law determines to be in the best interest
of the City; and for this purpose the sum of $1,700.00 is hereby trans-
ferred from the Unappropriated Surplus to Debt Retirement Account of
Parks and Recreation; and the Mayor and City Clerk are herein authorized
to affix their signatures to such land contracts for and on behalf of the
City of Livonia.
A. roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#107-63 RESOLVED that, the communication dated February 1, 1963, from
the Chief City Engineer, approved by the Director of Public Works, sub-
mitted pursuant to resolution #3148-62, regarding a sanitary sewer extension
on Bell Creek Lane, is hereby referred to the Water and Sewer Committee of
the Council for its report and recommendation.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#108-63 RESOLVED that, having considered the communication dated Septem-
ber 214, 1962, from the Michigan Department of Agriculture, and having also
considered in connection therewith the reports from various City depa rt-
ments, the Council does hereby take this means to respectfully indicate to
the Michigan Department of Agriculture the City's inability to participate
financially in its Japanese Beetle Program.
By Councilman Parks, seconded by Councilman McCann and unanimously
adopted, it was
#109-63 RESOLVED that, having considered the report dated February 13,
1963, from the Department of Law,submitted pursuant to resolution #836-62,
regarding radio tower legislation of other communities, the same is hereby
referred to the Legislative Committee of the Council for its report and
recommendation.
Page 5866
By Councilman McCann, seconded by Councilman Parks and unanimously
adopted, it was
#110.63 RESOLVED that, having considered the communication dated Janu-
ary 31, 1963, from the Department of Law and the form of contract attached
thereto in regard to engaging the services of an Industrial Coordinator,
submitted pursuant to resolution #591-62, the Council does hereby refer
each to the Finance Committee for its report and recommendation.
An Ordinance Amending Section 14 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 3.311, introduced on February 13, 1963,
by Councilman Kleinert, was taken from the table and a roll call vote conducted
thereon with the following result:
AYES: McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become effective
on publication.
The communication dated January 6, 1963, from the Public Employees Council
No. 77, was received and placed on file for the information of the Council.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#111-63 RESOLVED that, having considered the report aid recommendation
dated February 8, 1963, from the City Planning Commission in connection
with Petition No. Z-577, submitted byVerne L. and 011ie L. Sauvage, for
change of zoning in the Southeast i4 of Section 25 from R-1-B to C-i and
P, the Council does hereby concur in the recommendation of the City Plan-
ning Commission except that such petition is approved to the extent that
all property therein will be zoned to C-1 classification; and the City
Planner is instructed to cause the necessary map for publication to be
prepared indicating the zoning change herein approved and to furnish the
same to the Department of Law and upon receipt of such map, the Department
of Law is requested to prepare an ordinance amending Ordinance No. 60 in
accordance with this resolution.
By Councilman Kleinert, seconded by Councilman McCann and unanimously
adopted, it was
#112-63 RESOLVED that, having considered the letter dated February 4, 1963,
from Mrs. A.Schrom, 18625 Jhadyside, Livonia, Michigan, registering certain
Page 5867
complaints with respect to the condition of the Beitz Drain, the Council
does hereby refer the same to the Water and Sewer Committee for its report
and r ecommendation.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#113-63 RESOLVED that, having considered the petition of Joseph Reed
Pletcher and Ethel R. Pletcher, 32830 Rayburn Avenue, Livonia, Michigan,
received February 1, 1963, and in accordance with the provisions of Act
73 of the Public Acts of 1959, as amended, the Council does hereby approve
of dividing Lots 7 and 8b of Kristensen Estates, a subdivision of part of
the S.W. 1/4 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne County,
Michigan, into four (4) separate parcels as follows:
Parcel A - The South 165 feet of Lot 7 of Kristensen Estates, a
subdivision of part of the S.W. 1/4 of Section 15, T. 1 S., R. 9
E., City of Livonia, Wayne County, Michigan, as recorded in
Liber 68 of Plats, Page 68, Wayne County Records;
Parcel B - The South 165 feet of Lot No. 8 of Kristensen Estates,
a subdivision of part of the S. W. 1/4 of Section 15, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan, as recorded
in Liber 68 of Plats, Page 68, Wayne County Records;
Parcel C - The South 100 feet of the North 200 feet of Lots 7
and 8 of Kristensen Estates, a subdivision of part of the S. W.
1/4 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan, as recorded in Liber 68 of Plats, Page 68,
Wayne County Records;
Parcel D - The North 100 feet of the North 200 feet of Lots 7
and 8 of Kristensen Estates, a subdivision of part of the S. W.
1/4 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan, as recorded in Liber 68 of Plats, Page 68,
Wayne County Records;
as shown on the map attached to the aforementioned 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.
By Councilman Parks, seconded by Councilman McCann, it was
#111 -63 RESOLVED that, having considered the request dated January 18,
1963, from Mahlon Land Corporation, 25544 Plymouth Road, Detroit 39,
Michigan, and the report and recommendation dated February 7, 1963, from
the Director of Public Works in connection therewith, the Council does
hereby authorize a refund to the aforesaid land company of the sum of
$500.00, from the special Tree Fund established in accordance with the
provisions of Ordinance No. 135, as mended, it being the information of
the Council that the actual development of Kimberly Oaks Estates Sub-
division required the planting of 25 fewer trees than originally
estimated.
Page 5868
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Parks, Kleinert and Bagnall.
NAYS: Daugherty.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by Councilman McCann and unanimously
adopted, it was
#115-63 RESOLVED that, the Department of Law is hereby requested to
prepare and submit to the Council an amendment to the present Plat Or-
dinance which would require deposits for street trees based on the length
of street frontage within the subdivision rather than on the basis of the
number of lots being platted.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#116-63 RESOLVED that, the Council does hereby determine and establish
that regular meetings of the Council, commencing with the month of March,
shall be held every Wednesday of each month at 8:00 P. M., excepting those
Wednesdays which are legal holidays, in which case no regular meeting shall
be held during that particular week, and all previous resolutions are here-
by rescinded to the extent that they are inconsistent herewith.
Councilman Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING SECT ION 11 OF THE ZONING MAP OF THE
CITY OF LIVONIA AND AMENDING ARTICLE 3.00 OF THE ZONING
ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF
LIVONIA, BY ADDING THERETO SECTION 3.342.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommendation of the City Planning Commission
dated November 9, 1962, on Petition 1-568, as amended, having been considered by the
Council, the Council hereby adopts said petition, as amended, to amend the Zoning
Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore
conducted on said petition, as amended, are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60,as mended,
of the City of Livonia, is hereby amended by adding thereto the following section:
Section 3.342. Petition No. Z-568, as amended, submitted by
Jacob Gelfand, President, Tom's Northwood Market, Inc., a Michigan
Corporation, is hereby granted and the zoning classification of the
premises hereinafter described is changed from RUFA and P-1 to C-1
as requested in said petition:
Page 5869
A parcel of land being a part of the N. E. 1/14 of the N. E.
1/4 of the N. E. 1/4 of Section 11, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan, more particularly
described as: Beginning at a point on the East line of said
Section 11 (centerline of Middlebelt Road, 66 ft. wide),
said point being due South 458.75 feet from the Northeast
corner of said Section 11; thence due South, along the East
line of said Section 11, 198.32 feet to a point; thence S.
89° 43'W, 360.20 feet to a point; thence due North 199.26
feet to a point; thence N. 89° 52' E. 360.20 feet to the
point of beginning. Subject to the right of the public
over and across the East portion thereof, said East portion
being the West 1/2 of Middlebelt Road.
and the Northeast 1/4 of Section 11 of the Zoning Map is hereby amended
to conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 99 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.
L Section 5. 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 Kleinert introduced the following Ordinance:
AN ORDINANCE AMENDING SECTION 28 OF THE ZONING MAP OF THE
CITY (F LIVONIA AND AMENDING Ai.TICLE 3.00 OF THE ZONING
ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF
LIVONIA, BY ADDING THERETO SECTION 3.343.
THE CITY OF LIVONIA ORDAINS:
Section 11 The report and recommendation of theCity Planning Commission
dated January 7, 1963, on Petition No. Z-570, as amended, having been considered by
the Council, the Council hereby adopts said petition, as amended, to amend the Zoning
Ordinance and the Zoning Map of the City of Livonia, and all proceedings heretofore
conducted on said petition, as amended, are hereby approved.
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:
Page 5870
L Beginning at a point 1320.0 feet east of and 402.0 feet south of
the northwest corner of jection 28; thence south 918.0 feet to a
point; thence east along the north line of Lot 808 of Supervisorts
Livonia Plat No. 14 to the west line of Stark Road; thence in a
northeasterly direction along the west line of Stark Road a
distance 422.58 feet to a point; thence east along a line 907.5
feet south of and parallel to the north line of Section 28 to the
east line of Section 28; thence north along the north and south
line of Section 28, 505.47 feet to a point; thence west 1208.29
feet to the east line of Lot 10 of the Newman Schoolcraft Farms
Subdivision; thence southwesterly along the east line of said
lot, 54.69 feet to the south line of Lot 10; thence westerly along
the south line of Lot 10, 157.79 feet to a point; thence northeasterly
along the west line of Lot 10 of the Newman choolcraft Farms Sub-
division 52.57 feet to a point; thence west along a line 402 feet
south of and parallel to the north line of Section 28, to the
point of beginning;
and the North 1/2 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. 100 of the Zoning Map
of the City of LiNonia0" 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.
L 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.
Sectioh 5. 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 Kleinert introduced the following Ordinance:
AN ORDINANCE Im DING SECTION 7 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 $ECTICN 3.344.
THE CITY OF LIVONIA ORDAINS:
Section 1. The report and recommeni ation of the City Planning Commission,
L dated January 7, 1963, on Petition No. Z-576, initiated by the City Planning Commission
on its awn motions 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 5871
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 3.344. Petition No. Z-576, initiated by the City Planning
Commission on its own motion, is hereby granted and the zoning classifi-
cation of the premises hereinafter described is changed from RUA to C-2
as requested in said petition:
The north 720 feet of the west 720 feet of the northwest 1/L
of Section 7, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan;
and the Northwest 1/L of Section 7 of the Zoning Map is hereby amended
to conform to the change made in this section.
Section 3. The attached map designated "Amendment No. 101 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 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 McCann introduced the following Ordinance:
AN ORDINANCE TO REQUIRE A LICENSE FOR THE OPERATION QF DRIVE-IN
THEATERS IN THE CITY OF LIVONIA; TO ESTABLISH STANDARDS TO GOVERN
THE ISSUANCE OF SUCH LICENSES; TO ESTABLISH THE MINIMUM REQUIRE-
MENTS GOVERNING THEIR OPERATION; TO PROVIDE FOR THE ADMINISTRATION
AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE A PENALTY FOR THE
VIOLATION OF THE TERMS HEREOF; AND TO PROVIDE FOR THE REPEAL OF
PRIOR ORDINANCES AND PARTS OF ORDINANCES.
THE CITY OF LIVONIA ORDAINS:
Section 1. Title. This ordinance may be known and cited as the "Drive-In
Theater Licensing Ordinance."
Section 2. Purpose. The City Council does hereby determine that the nature
of a drive-on theater is such (a) that traffic hazards and health hazards are likely to
result from the great number of motor vehicles that are attracted to, discharged from
and operated on and in the vicinity of such a business and its premises, particularly
so since such a business operates only during the after-dark hours; (bthat such a
business attracts unu.,ually large numbers of unchaperoned young people during the late
Page 5872
evening hours; (c) that, therefore, a drive-in theater is one of those businesses,
although legitimate, which by careless planning, design, or operation can more rapidly
degenerate into a public nuisance and hazard to the health, safety, morals, general
welfare and best interests of the City. Having so determined that the problems
inherent in the operation of a drive-in theater are sufficiently different from those
of commercial establishments generally to admit of special standards and a licensing
requirement, it is therefore the stated purpose of this ordinance to establish such
standards to govern both the issuance of drive-in theater licenses and thereafter
the operation of such businesses.
Section 3, Definitions. The terms hereinafter referred to in this ordinance
shall, respectively, have the following meanings:
(a) "Drive-In Theater" - shall mean an open-air theater constructed
and operated in an established location, without cover or roof, dis-
playing aad showing moving pictures for the general puElic who view
the screen or stage while seated in automobiles or other vehicles.
The term as used in this ordinance shall mean and include the entire
premises upon which such theater is constructed including parking
areas and all other facilities necessary to such business but excluding
driveways and marquees. The term shall not mean nor include a moving
picture theater established in an enclosed building where seats are
provided for the patrons thereof.
(b) "City" - shall mean the City of Livonia.
(c) "Clerk" - shall mean the City Clerk of the City of Livonia.
Section 4. License Required. It shall be unlawful for any person, firm,
corporation, partnership or association to operate a drive-in theater in the City
without first having obtained a license therefor in accordance with the provisions
of this ordinance.
Section 5. License Application. Application for alicense shall be made to
the City Clerk, on forms provided for that purpose. Such application shall be made in
the name or names of the person, firm, corporation, partnership or association proposing
to operate the drive-in theater to be licensed. It shall also show the name, residence
and business address of each owner or part owner of the d rive-in theater sought to be
licensed, including the name, address and legal signature of the owners of the property
on which the drive-in theater is sought to be located and operated. If either the
applicant or property owner is a corporation, firm or partnerships the application shall
also state the names and addresses of all shareholders, officers, partners, directors
and resident agent, together with the respective occupation of each. The application
shall also either contain or be accompanied by the following information, plans and
documents:
(a) A legal and common description of the property to be used for
drive-in theater purposes.
(b) The name and residence address of the manager or person in charge
of such theater.
(c) The number of acres to be included within the site of the theater
and the number of cars which the theater is designed to accommodate.
Page 5873
(d) The existing zoning classification of the premises.
(e) A fully dimensioned area plan showing the zoning classifica-
tion, and use of all property and buildings within an area of
one-half mile of the property on which the theater is to be
located as measured from the property lines, and showing also
all streets and highways within such distance.
(f) A site plan showing the proposed layout, design and dimensions
of the proposed theater, including driveways, exits , box offices,
sigh. , protective fencing, screen location, concession stands,
children's pay areas, other fencing, protective planting, the
location, size and adequacy of sewer and water facilities, etc.
(g) A written s tatement from either the Mayor, Supervisor or Police
Chief in at least one other community, if any, where the applicant
has operated a drive-in theater, attesting to the manner of its
operation and listing problems, if any, resulting therefrom.
(h) Evidence of compliance with all of the standards and requirements
provided herein for the operation of drive-in theaters in the City.
Section 6. Reports Required. The application for such a license shall be
forwarded, respectively, by the City Clerk to the Police Department, Fire Department,
Health Department2Buraau of Inspection and City Planning Commission.
(a) The Police Department. The Police Department shall investigate
theapplicant and all disclosed owners, shareholders, partners,
agents and managers, especially with reference to their record
of possible law and ordinance violation and conviction records.
This investigation shall include at least a fingerprint check
with the Detroit Police Department4, Michigan State Police and
Federal Bureau of Investigation. the traffic division of the
department shall also inspect, investigate and study the proposed
site and the proposed design of the theater and prepare its report
indicating all places and points where traffic congestion or
traffic hazards appear likely to result from the proposed operation.
If there appear to be none - that fact should be reported. The
report shall include a recent traffic count taken during peak hours
at all points of ingress and egress to the theater. The report
shall be filed with the City Clerk immediately upon approval and
certification by the Police Chief.
(b) The Fire Department. The Fire Department shall review the sub-
mitted site plan, inspect the site and report any proposals that
appear susceptible of resulting in fire safety hazards including
inadequate ingress or egress for fire fighting equipment or an
inadequate water supply system. The report shall be filed with
the City Clerk immediately upon approval and certification by
the Fire Chief.
(c) Health Department. The Health Department shall investigate the
proposed site and file a written report thereon. The report
shall be filed with the City Clerk upon approval and certification
by the health officer of the City.
Page 5874
(d) Bureau of Inspection. The Bureau of Inspection shall study the
area plan, and site plan and determine whether or not the same
are in compliance with all applicable ordinances of the City of
Livonia pertaining thereto. Its report shall be filed with the
City Clerk after approval arid certification by the Chief Inspector.
(e) City Planning Commission, The City Planning Commission shall,
after holding a public hearing, determine whether or not such use
is contrary to the spirit and purpose of the Zoning Ordinance
considering those standards set out in Section 17.05 of the Zoning
Ordinance No. 60, as amended, and included within the statement of
purpose contained in Section 1.02 of the Zoning Ordinance. This
recommendation shall be in addition to any other action required
to be taken by the Commission under the terms of the Zoning Or-
dinance, and shall be filed with the City Clerk after approval and
certification by the Chairman of the Commission.
Section 7. Forwarding to City Council. When all the departments have each
filed their respective reports with the City Clerk, he shall forward the same, together
with the application and all other accompanying materials in support thereof, to the
City Council. No license to operate a drive-in theater shall be issued unless first
approved and authorized by the City Council.
Section 8. Standards for Licensing. No drive-in theater license shall be
issued nor approved by the City Council unless the applicant sufficiently establishes
that the proposed use can and will comply with the following standards:
(a) That the parcel upon which the drive-in theater and accessory
facilities are to be located shall be at least twenty (20f acres
in size with separate access from at leastiwo (2) public streets;
(b) That there shall be at lest one exit and one entrance on each of
at least two (2) public streets;
(c) That driveways shall be channelized, s eparated for ingress and egress
purposes, by a median strip at least twenty (20) feet in width, and
limited to not less than four (4) lanes each, each lane to be at least
ten (10) feet in width;
(d) That driveways designed for ingress and egress to the drive-in theater
shall each be at least forty (110) feet in width and five hundred (500)
feet in length;
(e) That the screen for such drive-in theater shall not be placed closer
than five hundred (500) feet from any public street right-of-way,
shall be so constructed that the picture will not face any public
street within five hundred (500) feet, and shall be so located as
to be hidden from the view of residents and traffic as much as is
possible;
(f) That there are no residential uses or residential zoning within a fifteen
hundred (1500) foot radius of the drive-in theater and its premises in
which case the City Council shall not approve nor shall the City Clerk
issue a license for the operation of such drive-in theater except that
Page 5875
such prohibition may be waived by the written consent or waiver of
seventy-five (75) per cent of the residential property owners within
such area. For such purposes the waivers or consents shall (1) be
obtained and certified as to sufficiency bythe applicant; (2) contain
a clear legal description of the properties and the name and signature
of the legal or equitable owners thereof from which the waiver or re-
commendation has been obtained; (3) be addressed to the City Council;
and (4) be made a part of the application before the same is forwarded
to the City Council for action. The aforesaid prohibition and provision
for waiver and other standards shall apply equally to applications for
renewal licenses in those cases where the proposed drive-in theater has
not been constructed or is not under construction on the date when the
original license or the last renewal thereof has expired.
Section 9. Action by the City Council. The City Council shall, upon receipt
of the application and material in support thereof and the reports from the departments,
meet and determine to either tentatively approve or to disapprove of the issuance of the
license. In so determining, the Council shall consider and be guided by the following:
(a) The sufficiency of the application and material in support thereof;
(b) The reports of the departments;
(c) The zoning classification of the property;
(d) Compliance with the terms, conditions, standards and provisions of
this ordinance;
(e) Compliance with the provisions and requirements of all other ordinances
of the City pertaining thereto; and
(f) Whether or not the proposed use, considering its overall design, location
and size in relation to pedestrian and vehicular traffic and the assembly
of persons and motor vehicles in connection with it, will be hazardous to
the neighborhood, incongruous therewith, or conflict with the normal
traffic of the neighborhood, to the extent that it appears likely that
a situation inimical to the public health, safety, morals or general
welfare Wil] exist if the license is issued.
In the event that the Council approves of such application, such approval shall be only
A tentative approval subject to the applicant submitting respectively to the Bureau of
Inspection, Fire Department, and Health Department plans showing in detail the building
plans and specifications for the drive-in theater, plans and specifications for the pro-
posed electrical system, sanitary sewer and water supply systems. The aforesaid depart-
ments shall review such plans for compliance of all ordinances of theCity and shallthere-
after submit their respective reports and recommendations to the City Council. If such
reports indicate that the aforesaid plans arc in compliance with the rules, regulations,
and ordinances of the City, then and in such event only, the Council shall approve of
the license application.
L Section 10. Approval to be Deemed Conditional Pending Construction. Where the
drive-in theater proposed to be licensed is not constructed, or is not in operation at
the time of Council action, an approval of such a license shall in each case be deemed
to be and shall be conditional upon the final construction of the theater and development
of the premises in compliance with the requirements of this ordinance and the condition,
Page 5876
if any, which may be annexed to the Council's approval of the same license.
,)ection 11. Issuance of License. Upon approval, conditional or otherwise, of
a license, the City Clerk shall issue the same to and in the name of the applicant but
only if requested within thirty (30) days after the effective date of the Council's ap-
proval. If not so requested in writing, the approval of the Council shall be deemed and
shall be of no further effect whatsoever. The failure to so request a license within
the said thirty (30) day period shall constitute an abandonment and notice thereof to
the City of the proposed business by the applicant.
Section 12. Expiration of License. All licenses granted under the terms
of this ordinance shall expire at midnight of April 31 of each year regardless of the
date of issuance. All such licenses shall be displayed in a conspicuous place at or
near the entrance to the drive-in theater for which it has been issued. Each license
shall cover but one (1) drive-in theater and shall not be assignable or transferable
to either another person or another location.
Section 13. Renewal of License; Annual. Except as hereinbefore otherwise
provided a license issued hereunder shall be renewed annually. Application for renewal
shall be submitted at least thirty (30) days prior to expiration of existing license
to the City Clerk. The Clerk shall obtain a report from the Police Department as to
compliance with the ordinances of the City of Livonia and shall thereafter forward the
same to the City Council. The Council shall thereafter approve the license for renewal
unless it afpears that there are violations of law or that the business, as operated,
has degenerated into a public nuisance and is inimical to the public health, safety and
general welfare of the community.
Section 14. Requirements for Operation. No Drive-In Theater shall be main-
tained or operated in violation of the followirg requirements and it shall be unlawful
for the owner, operator or manager of any drive-in theater or its agents, servants or
employees to violate or permit violation of any of such requirements:
(a) Loitering shall not be permitted in or about the entrance to or
exits from any drive-in theater;
(b) Quiet and good order shall be maintained upon the premises where
any drive-in theater is operated;
(c) No obscene or immorally suggestive advertising, pictures, or writings
shall be permitted on the premises of ely drive-in theater, and no picture
or other form of advertising shall be permitted which does not accurately
describe the theatrical performance or moving picture entertainment being
advertised or which misleads or misinforms the public as to the nature of
the picture or entertainment to be exhibited;
(d) No drive-in theater licensee shall permit any show, exhibition or
entertainment to remain open to the public between the hours of 2:30 o'clock
a. m., and 6:00 o'clock a. m.;
(e) Any children under the age of four teen (1).1) years admitted to any drive-in
theater shall be accompanied by and in direct personal charge of his or her
parent, or other responsible person;
(f) No owner, operator or employee of any drive-in theater shall maintain,
operate or carry on any lottery, game of chancel game of skill, bank night,
screeno, luck-o-grams, or any other games of similar nature or engage in any
similar device or plan in connection with the operation of any drive-in theater;
Page 5877
(g) Adequate provision shall be made for sanitary needs of patrons con-
sistent with the plans filed with the license application and the laws of
the State of Michigan;
(h) The parking and driving areas shall be so treated to minimize the
creation of dust either by chemical treatment or hard surfacing;
(i) The operator, owner or manager of a drive-in theater shall furnish the
necessary employees for adequate policing of the drive-in theater so as to
maintain order within the theater and avoid confusion in the movement of
cars in and out thereof. The City of Livonia shall control the policing of
the cars leaving and entering the drive-in theater: off the public streets
and the drive-in theater shall reimburse the City of Livonia for necessary
police action;
(j) Means of access shall be made available at all times for fire apparatus,
ambulances, or other emergency vehicles. Drives shall be channelized and
limited to not less than four (4) lanes;
(k) Exits and aisles and passageways leading to them shall be kept adequately
lighted at all times when open to the public. Artificial lights shall be
provided whenever natural light is inadequate;
(1) Space must be provided for patrons waiting to enter drive-in theaters
so that no traffic menace is created;
(m) Fire extinguishing equipment shall be furnished in such kinds and amounts
and in such locaticns as may be directed by the City Fire Department and ap-
plicable regulations, ordinances and laws;
(n) The electrical system shall be provided consistent with the plans filed
with the license application and equipment shall be isolated from the public
by proper elevation or concealed under the ground surface, and all electrical
fuses, contact points, outlets and switches shall be enclosed and safeguarded
by devices and equipment approved by the Bureau of Inspection and the Fire
Department. Cables in the ground traversed by the public shall be placed
in trenches or conduits or protected by approved covers. All electric in-
stallations shall conform to the requirements of the National Electric Code
and the ordinances of the City;
(o) The operator of any drive-in theater shall provide a wall or fence of
adequateheight to separate the patrons and cars in attendance in said theater
from surrounding property. The fence shall be of substantial construction
made of wood,metal or masonry and erected solely upon property used for the
drive-in theater purposes in accordance with the requirements specified by
the City-Engineer and the Bureau of Inspection but it shall not be treated
as a partition or line fence. The outside of said fence shall be landscaped
with suitable plants and shrubbery, approved of by the Parks and Recreation
Department, in order to preserve harmony with the appearance of the surround-
ing property;
(p) Individual loud speakers for each car shall be provided. No central
loud speaker or public address system shall be permitted to be used between
the hours of 8:00 o'clock p. m., and 9:00 o'clock a. m., except for emergency
announcements of impending danger such as fire, storm or similar dangers;
Page 5878
(q) That the screen for such drive-in theater be placed a minimum of
five hundred (500) feet from the public right-of-way and be located so
as to be hidden from the view of residents and as much traffic as possible;
(r) Any sale of soft drinks, confections or other articles of merchandise
shall be governed by the laws and ordinance pertaining to the sale of such
merchandise and shall require the same license or licenses as if the sales
were conducted elsewhere;
(s) It shall be unlawful for any patron of such drive-in theater or for
any licensee hereunder to permit or allow any such patron to have in his
possession, or drink any alcoholic beverage or beverages on the licensed
premises.
Section 15. Suspension and Revocation, Investigation: When Unlawful to
Conduct Business. No license shall be revoked except for cause upon sworn proof of
charges filed with the Clerk by any person in the several departments of the City above
designated who are authorized to enforce the provisions of this ordinance or to report
in connection with the issuance of a license, specifying with reasonable detail any
facts hereinafter referred to. The following reasons or facts are hereby declared to
be sufficient grounds for suspending any license under the within ordinance, to wit:
facts showing that the applicant for a license made one or more fraudulent statements
or misrepresentations or concealed material information in the application for license;
facts showing that such licensee has violated or permitted a violation of this ordinance
which injuriously affects the public health, the public safety, public morals, or the
public welfare, or that this ordinance has been violated in connection with operations
for which the licensee was responsible anokrof which the licensee was aware, or in the
exercise of reasonable diligence should ha %een aware that such violation had occurred,
or that licensee has been convicted of any crime which was perpetrated on or in con-
nection with the licensed premises, or that licensee has carried on or permitted to be
carried on any unlawful or illegal act or acts on or in connection therewith.
Upon the filing of such charges, the City Clerk shall forthwith suspend the
license involved and shall give to such licensee a notice of such suspension together
with a copy of the charges specifying the facts on which the suspension was made. At
the same time such copy of the charges is given to the licensee or his agent in charge
of the premises, an order shall be served upon such agent, signed by the Director of
the department making the charges, directing such licensee to appear before the City
Council at its next regular meeting to show cause why the license suspended should not
be permanently revoked. Upon the filing of such charges with the Clerk, the person
making such charges is hereby authorized and empowered in connection with the suspension
of a license to remove and take into his posJession the license or certificate or
certificates of such licensee given to the licensee at the time the license was issued,
and to hold them until the Council has determined whether such license should be revoked
as herein provided.
The Council is hereby empowered and authorized to investigate the charges
set forth in the notice of suspension, subpoena, swear, and examine witnesses and
receive other competent evidence in connection therewith, offered either by the person
making the charges or by the licensee, or the Council on its own motion may make such
investigation of the facts as it deems necessary. The licensee shall be entitled to
be represented by counsel. The decision of the Council shall be final aid binding as to
all questions of fhct. If the Council shall find as the result of such investigation
that the licensee failed or refused to show cause, or has not shown sufficient cause
Page 5879
why his license should not be revoked, or if the Council finds that such suspension
was for a violation of any of the provisions or requirements of this ordinance or that
any facts have been shown which constitute grounds for suspending a license under this
ordinance, the Council may orde r such license permanently revoked orrevoked for such
period of time as the Council deems necessary, but if the Council shall find the charges
on which the license was suspended are not sustained by the proofs, the license shall be
reinstated by the Council.
In the event of any permanent revocation, the former licensee shall be in-
eligible to receive any license under this ordinance for a period of two (2) years
thereafter.
The Clerk shall act as Clerk to the Council in connection with any proceed-
ings instituted in connection with the suspension or revocation of any license.
Section 16. Rules and Regulations. The Council is hereby authorized to
make such rules and r egulations to carry out the powers and duties imposed upon it
by the within ordinance as it may deem necessary.
Section 17. Applications Pending. The provision.; of this ordinance shall
apply to all applications previously filed under the provisions of the ordinances herein
repealed regardless of the disposition or present status of such applications and such
applicants shall be requI red to either file new applications pursuant to and in com-
pliance with the provisions of this ordinance or to amend such previously filed ap-
plications in conformity with the requirements of this ordinance and in either case
to comply with all provisions of this ordinance.
.lection 18. Validity. Should any section, clause or provision of this
ordinance be held unconstitutional or invalid by any court, all other sections, clauses,
and provisions shall be deemed effective, just as though such unconstitutional or invalid
section, clause or provision had never been inserted in this ordinance.
Section 19. Violations. The violation of any provision of this ordinance
shall be and constitute a separate offense under this ordinance for each and every day
such violation shall continue.
Section 20. Penalty. Any person, firm, or corporation who shall violate
or fail to comply with any of the provisions of this ordinance, or any of the regula-
tions adopted in pursuance hereof, or who shall hamper, impede or interfere with the
performance of the duties of any official or agent of the Bureau of Inspection or other
officer under the provisions of this ordinance, shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars
($500.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and
imprisonment in the discretion of the court. Each act of violation and every day upon
which such violation shall occur shall constitute a separate offense.
Section 21. Repeal. Ordinances No. 193 and No. 203 are hereby repealed
as of the date that this ordinance takes effect 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. Thea doption of this ordinance shall not
be deemed to nor shall it 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 nor any right of the City under any determination or action by the City Council
or City Planning Commission made pursuant to any section or provision of the ordinances
herein repealed.
Page 5880
The foregoing Ordinance wasplaced on the table for consideration at the next regular
meeting of the Council.
The report of the Municipal Court for the month of January, 1963, was
received and placed on file.
February 15, 1963
To the Honorable
The Common Council
City of Livonia - City Hall
33001 Five Mile Road
Livonia, Michigan
Re: Middle Belt Road
Ladies and Gentlemen:
The so-called "State Agency and Public Corporation Condemnation Law,"
Act #119 of the Public Acts of 1911 as amended, under which the land in the above
referenced case is being acquired, requires that the consent of the City Council
by resolution, be obtained before any legal proceedings are commenced for the ac-
quisition of private property for a highway within a city.
Consequently, it is respectfully requested that your Honorable Body consent
by resolution, substantially in the form submitted herewith, to the acgiisition by
the Board of County Road Commissioners of the County of Wayne, Michigan, of the
private property in the City of Livonia described in the resolution adopted by the
Board on February 7, 1963, declaring and determining the taking of said private
property to be necessary for the widening and changing of Middle Belt Road from its
intersection with Five Mile Road northerly to Base Line Road in the City of Livonia,
Wayne County, Michigan.
A certified copy of the Board of Wayne County Road Commissioners& resolu-
tion and a drawing of the property to be acquired are submitted herewith.
Very truly yours,
BOARD OF WAYNE COUNTY ROAD COMMISSIONERS
S. A. Noetzel
Secretary and Clerk of the Board.
Middle Belt Road
5 Mile to Base Line
RESOLUTION
Commissioner Neudeck moved the adoption of the following resolution:
WHEREAS, this Board did on the 11th day of July, A. D., 1924, by proper
resolution, take over jurisdiction of Middle Belt Road in the City of Livonia, Wayne
County, Michigan, extending from its intersection with Plymouth Road northerly to
Page 5881
Base Line Road in the City of Livonia, and that said resolution was duly published
and served in accordance with the statutes in such case made and provided; and
WHEREAS, the widening and changing of Middle Belt Road in the City of
Livonia, Wayne County, Michigan, extending from its intersection with Five Mile Road
northerly to its intersection with Base Line Road, is necessary to accommodate present
and future traffic conditions, and, therefore, necessary to acquire certain lands for
the improvement of said road;
NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby declare and
determine, by this resolution, that it is necessary to widen and change said Middle
Belt Road in the City of Livonia, Wayne County, Michigan, extending from its inter-
section with Five Mile hoad northerly to its intersection with Base Line Road, and
that said improvement is a necessary public improvement for the use and benefit of
the public;
BE IT FURTHER RESOLVED, that this Board does hereby declare and determine,
by this resolution, that it is necessary to take the fee to private property located
in the City of Livonia and County of Wayne for the making of said public improvement
in accordance with the plans on file in the office of this Board;
BE IT FURTHER RESOLVED, that the attorney for this Board is hereby authorized
and directed to institute condemnation proceedings against the owners and other parties
in interest to acquire the fee to private property necessary for the making of such
public improvement, all in accordance with the statute in such case made and provided;
said private property being described as follows:
Lands in the W. 1/2 of Section 1, the E. 1/2 of Section 2, the E. 1/2 of
Section 11, the W. 1/2 of Section 12, the W. 1/2 of Section 13 and the E. 1/2 of
Section 14, T. 1 S., R. 9 E., all being part of the City of Livonia, Wayne County,
Michigan, described as follows:
The parts of lots 347, 358 and 359, of SUPERVISOR'S LIVONIA PLAT
NO. 6, of part of the N. W. 1/4 of Section 1, T. 1 S., R. 9 E.,
Livonia Twp. (now City of Livonia,) Wayne Co., Mich., as recorded
in Liber 66 of Plats, on Page 57, Wayne County Records, lying west
a line described as beginning at a point on the north line of said
lot 347, distant easterly 24.06 feet from the N.W. corner of lot
347, and proceeding thence southerly along the arc of a 1552.02
feet radius curve concave easterly for a distance of 307.80 feet
to a point of tangency, thence southerly along a line located
60.0 feet east of and parallel to, the west line of Section 1,
3.38 feet to a point on the south line of aforesaid lot 359,
distant 27.0 feet easterly from the S.W. corner of lot 359;
Also the west 27.0 feet of lots numbered as follows; 360 to
373, both inclusive, and 376 to 380, both inclusive, of the
aforementioned SUPERVISOR'S LIVONIA FLAT NO. 6 (L. 66, P. 57),
ALSO: The west 27.0 feet of lots 419, 420, 425, 426, 438, 439, 40,
and 448, of SUPERVISOR'S LIVONIA PLAT NO. 7 of the W. 1/2 of the S.W.
1/4 of Sec. 1, T. 1 S., R. 9 E., Livonia Twp., (now City of Livonia)
Wayne Co., Mich., as recorded in Liber 66 of Plats, on Page 58,
Wayne County Records;
Page 5882
ALSO: The west 60.0 feet of that part of the N.W. 1/14 of Section 12,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying
between the north line of Section 12 and the north line of Thomas
F. O'Connor's Middle Belt Subdivision (L. 68 P. 96), excepting the
rights-of-way of Pickford and Clarita Avenues, also except the west
60 feet of the south 50 feet of the north 2148 feet of said N.W. 1/14
and except the west 60 feet of the north 150 feet of the south 180
feet of the N.W. 1//4 of the S. W. 1/14 of the N.W. 1/14 of said N. W.
1/14 of Section 12. Subject to the rights of the public in the exist-
ing rights-of-way of Seven Mile and Middle Belt Roads;
ALSO: The west 60.0 feet of that part of the W. 1/2 of Section 12, T. 1
S., R. 9 E., City of Livonia, Wayne County, Michigan, lying between the
south line of Thomas F. O'Connor's Middle Belt Subdivision (L.68, P.96),
and a line located 330 feet south of the E. & W. 1/1. line of Section 12,
subject to the rights of the public in the existing right-of-way of
Middle Belt Road;
ALSO: The west 60.0 feet of that part of the N. W. 1/14 of Section 13,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan lying be-
tween the north line of Supervisor's Livonia Plat No. 5 (L. 66, P. 32),
and the south line of Six Mile Road 120 feet wide, except the right-of-
way of Grove Avenue, subject to the rights of the public in the exist-
ing right-of-way of Middle Belt Road;
ALSO: The west 27.0 feet of lots 333 to 338, both inclusive, of
SUPERVISOR'S LIVONIA FIAT NO. 5, of part of the S. 1/2 of N.W. 1/14
of Sec. 13, T. 1 S., R. 9 E., Livonia Twp. (now City of tivonia) Wayne
Co., Mich., as recorded in Liber 66 of Plats on page 32 Wayne County
Records;
ALSO: The west 27.0 feet of lots 212, 213, 234, 235, 236, and 237, of
SUPERVISOR'S LIVONIA PLAT NO. 3 of part of N. 1/2 of S.W. 1/14 of Sec.
13, T. 1 S., R. 9 E., Livonia Twp. (now City of Livonia), Wayne Co.,
Mich., as recorded in Liber 66 of Plats on page 16, Wayne County Records;
ALSO: The west 60.0 feet of that part of the S. W. 144 of Section 13,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
tween the south line of Supervisor's Livonia Plat No. 3 (L. 66, P. 16)
and the north line of Elmdale Sub. (L. 614, P. 68), except the right-
of-way of Roycroft Street, subject to the rights of the public in
the existing right-of-way of Middle Belt Road;
ALSO: The east 60.0 feet of that part of the S.E. 144 of Section 11.,
T. 1 S. R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
tween the south line of Supervisor's Livonia Plat No. 14 (L. 66 P. 20),
and the south line of Section 114$ subject to the rights of the public
in the existing rights-of-way of Middle Belt and Five Mile Roads;
ALSO: The east 27.0 feet of lots numbered as follows, 276 thru 281,
both inclusive, 298 thru 303, both inclusive, 320, 321, and 322 of
SUPERVISCR'S LIVONIA. HAT NO. 14 of part of S.E. 1//4 of N.E. 1/14 and
of part of N.E. 1/14 of S.E. 1/4 of Sec. 114, T. 1 S., R. 9 E., Livonia
Twp. (now City of Livonia), Wayne Co., Mich., as recorded in Liber 66
of Plats on page 20, Wayne County Records;
Page 5883
ALSO: The east 60.0 feet of that part of the N. E. 1/4 of Section 14,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
tween the north line of Supervisor's Livonia Plat No. 4 (L. 66, P. 20),
and the south line of Livrance Estates Subdivision (L. 67, P. 10) which
is adjacent to lot 41, subject to the rights of the public in the
existing right-of-way of Middle Belt Road;
ALSO: The east 60.0 feet of that part of the N. E. 1/4 of Section 14,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
tween the south line of Six Mile Road 120 feet wide and the north
line of Livrance Estates Subdivision (L. 67, P. 10) which is adjacent
to lot 36, subject to the rightsof the public in the existing right-
of-way of Middle Belt Road;
ALSO: The east 60.0 feet of that part of the S. E. 1/4 of Section 11,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
tween the north line of Six Mile Road 120 feet wide and the south line
of Butler Hills Subdivision (L. 82, P. 67), subject to the rights of
the public in the existing right-of-way of Middle Belt Road;
ALSO: The east 60.0 feet of that part of the S. E. 1/4 of Section 11,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
tween the south line of Sunset Hills Subdivision (L. 80, Pages 68 & 69),
and the north line of Butler Hills Subdivision (L. 82, P. 67), which is
adjacent to lot 1, except the right-of-way of Mark Lane as dedicated
for public use in said Butler Hills Subdivision, subject to the rights
of the pubic in the existing right-of-way of Middle Belt Road;
ALSO: The east 60.0 feet of the south 198 feet of the N. E. 1/4 of
Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan,
subject to the rights of the public in the existing right-of-way of
Middle Belt Road;
ALSO: The east 60.0 feet of the parts of the N. E. 1/4 of Section 11,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
tween the extension east of the north line of lot 209 and the extension
east of the south line of lot 210, and between the extension east of
the north line of lot 213 and the extenssion east of the south line of
lot 214, all the aforesaid lots being part of Sunset Hills Subdivision
(L. 80, Pages 68 & 69), subject to the rights of the public in the
existing right-of-way of Middle Belt Road;
ALSO: The east 60.0 feet of that part of the N. E. 1/4 of Section 11,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
tween the north line of Section 11, and the north line of Sunset Hills
Subdivision (L. 80, Pages 68 & 69), except the right-of-way of Clarita
Avenue, subject to the rights of the public in the existing rights-of-
way of Seven Mile and Middle Belt Roads;
ALSO: The east 60.0 feet of that part of the S. E. 1/4 of Section 2,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, lying be-
teen the south line of Section 2, and the south line of Supervisor's
Livonia Plat No. 8 L. 66, P. 59), subject to the rights of the public
in the existing rights-of-way of Middle Belt and even Mile Roads;
Page 5884
ALSO: The east 27.0 feet of lots numbered as follows: 484, 485, 486,
503, and the east 20.0 feet of lots 449, 450, and 451, all being part
of Supervisor's Livonia Plat No. 8 of the N. 1/2 of the S. E. 1/4 of
Section 2, T. 1 S., R. 9 E., Livonia Twp. (now City of Livonia), Wayne
Co., Mich., as recorded in Liber 66 of Plats on Page 59, Wayne County
Records;
ALSO: The east 10.0 feet of lots numbered 1, 2, 3 and 4 of ELMWOOD
FARMS, being a subdivision of part of the N. E. 1/4 of Sec. 2, T. 1 S.,
R. 9 E., Livonia Twp. (now City of Livonia), Wayne Co., Michigan, as
recorded in Liber 48 of Plats on Page 59, Wayne County Records;
ALSO: The east 20.0 feet of lots 1 to 12, both inclusive, of "STORM
AND FOWLER'S COUNTY CREST SUBDIVISION" of part of the Northeast 1/4
of Section 2, T. 1 S., R. 9 E., Livonia Twp. (now City of Livonia),
Wayne Co., Michigan, as recorded in Liber 42 of Plats, on page 74,
Wayne County Records;
ALSO: That part of the N. E. 1/4 of Section 2, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan, described as beginning at a point
on the east line of Section 2, distant south 60.0 feet from the N. E.
corner of Section 2, and proceeding thence south 376 feet along the
east line of said Section to the N. E. corner of Storm and Fowler's
County Crest Subdivision (L. 42, P. 74); thence westerly 53.0 feet along
the north line of said subdivision; thence north 69.96 feet, parallel
to and 53.0 west of the east line of Section 2 to a point of curvature;
thence northeasterly along the arc of a 1665.02 feet radius curve to the
right for a distance of 258.31 feet; thence north 48.84 feet parallel to
and 33.0 feet west of the east line of Section 2, to the south line of
Base Line Road (120 feet wide); thence easterly 33.0 feet to the point
of beginning, subject to the 'rights of the public in the existing rig ht-
of-way of Middle Belt Road.
The motion was supported by Commissioner Barbour and carried by the follow-
ing votes:
AYES: Commissioners; Kreger, Barbour and Neudeck
NAYS: None
CERTIFICATION
I, Sylvester A. Noetzel, Secretary and Clerk of the Board of County Road
Commissioners of the County of Wayne, do hereby certify that the above is a true and
complete copy of an excerpt from the minutes of a meeting of said Board held on the
7th day of February, A. D., 1963, as appears of record in the office of said Board;
that I have compared it with the original and it is a true transcript therefrom.
IN TESTIMONY NH1R.EOF, I have hereunto set my hand at Detroit, this 8th day
of February, A. D., 1963.
Sylvester A. Noetzel
Secretary and Clerk of the Board.
Page 5885
By Councilman Daugherty, seconded by Councilman McCann, it was
#117-63 RESOLVED that, consent be and hereby is granted to the Board of
County Road Commissioners of the County of Wayne, Michigan, to take, by
eminent domain, under the provisions of Act No. 149 of the Public Acts of
1911, as last amended, fee simple title to private property in the City of
Livonia, Wayne County, Michigan, described in a resolution adopted by the
Board of County Road Commissioners of the County of Wayne, Michigan, on the
7th day of February, A. D., 1963, declaring and determining the taking of
certain private property to be necessary for the making of a certain
necessary public improvement, to wit:
Re: The widening and changing of Middle Belt Road from its
intersection with Five Mile Road northerly to Base Line Road
in the City of Livonia, Wayne County, Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Daugherty, Parks, Kleinert and Bagnall.
NAYS: None.
The President declared the resolution adopted.
On motion of Councilman Parks, seconded by Councilman McCann and
unanimously adopted, this 397th regular meeting of the Council of the City of
Livonia was duly adjourned at 9:00 P. M., February 20, 1963.
'IE W. CLARK City Clerk
By Cd`Lr�C�Z i i'4� t k o ,
.nita Hillas,; Deputy City Clerk