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HomeMy WebLinkAboutCOUNCIL MINUTES 1963-01-30 Page 5849 MINUTES OF THE THREE HUNDRED NINETY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 30, 19630 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 8:12 P. M. Councilman Kleirert delivered the invocation. Roll was called with the following result: Present-- Sydney B. Bagnall„ John T. Daugherty, Rudolf R. Kleinert, John F. Dooley, Edward H. McNamara and James R. McCann. Absent-- William E. Parks. Elected and appointed City officials also present: Juanita Hillas, Deputy City Clerk; the City Attorney; the first Assistant City Attorney; the Director of Public Works; the Director of Public Safety; the Budget Director; and the Chief City Engineer. By Councilman Kleinert, seconded by Councilman McNamara and unanimously adopted, it was #79-63 RESOLVED that, the minutes of the 393rd regular meeting of the Council of the City of Livonia held on January 23, 1963, and the 75th special meeting held January 28, 1963, are hereby approved. By Councilman McCann, seconded by Councilman Daigherty, it was #80-63 RESOLVED that, the Council of the City of Livonia does hereby register its support in favor of House Bill No. 13, which would amend the Home Rule City Act to prohibit the levying of a municipal income tax on residents without the prior approval of a majority of the local electors voting on such a proposition, and which would absolutely prohibit the levying of a non-resident municipal income tax; the City Council of the City of Livonia therefore urges final adoption of House Bill No. 13, and the City Clerk is requested to forward copies of this resolution to State Senator Raymond Dzendzel, State Representative Paul Chandler, the Governor and the Michigan Municipal League. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Dooley, McNamara, McCann and Bagnall. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Dooley, seconded by Council= McNamara and unanimously adopted, it was Page 5850 #81-63 RESOLVED that, WHEREAS, pursuant to the direction of the City Council in its resolution #835-62, adopted November 14, 1962, and in accordance with Sections 3.06 and 4.01 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 11, 1963, an assessment roll dated December 17, 1962, covering the installation and operation of a Street Light System in the Northeast 1/)4, Northwest 1/4, Southwest 1/4 and Southeast 1/)4 of Section 35, T. 1 S., R. 9 E., City of Livonia, containing the special assessments to be assessed and levied, respectively, in the proposed special assess- ment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution #835-62; THEREFORE, BE IT RESOLVED that, the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No, 401 of the City, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, at 8:30 P. M., on Monday, February 25, 1963, to review the said special assessment roll, at which time and place opportunity vt 11 be given to all interested persons to be heard; IT IS FURTHER RESOLVED that, the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the Livonian Observer, the official newspaper of the City of Livonia, which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of February 25, 1963; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office, and in all other respects in accordance with the provisions of said Section 3.08. By Councilman McNamara, seconded by Councilman Daugherty and unanimously adopted, it was #82-63 RESOLVED that, having considered the communication dated Novem- ber 14, 1962, from the Michigan Liquor Control Commission, and the report and recommendation dated January 8, 1963, from the Director of Public Safety in connection therewith, the Council does hereby approve of the request from Gaspare and Joseph Maiorana for a new Dance Permit to be held in conjunction with 1962 Class C license at 19170 Farmington Road, Livonia, and the City Clerk is requested to forward a certified copy of this resolution to the Liquor Control Commission as requested in its communication. By Councilman Kleinert, seconded by Councilman McNamara, it was #83-63 RESOLVED that, the Council does hereby establish an annual salary for the position of Assistant Director of Public Works, at the Page 5851 rate of $8,500.00 per annum, payable monthly, and to be effective as of January 1, 1963; provided, however, that the salary rate herein established shall continue only through April 1, 1964, and after the latter date, the former salary rate for such position shall be effective, unless otherwise authorized by subsequent action of this Council; provided further, that for this purpose the sum of $8,500.00 is hereby authorized for expenditure in equal parts from the Water Bud,;et and the Municipal Refuse Fund Budget; all prior Council resolutions are hereby rescinded only to the extent that they are inconsistent herewith. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Kleinert, Dooley, McNamara, McCann and Bagnall. NAYS: None. By Councilman Daugherty, seconded by Councilman McCann and unanimously adopted, it was #84-63 RESOLVED that, the City Engineer having filed with the City Clerk a statement dated December 14, 1962, on all matters required by Sections 3.03 and 4.01 of Ordinance No. 401, and a first public hearing having been held thereon on January 28, 1963, after due notice as required by Section 3.04 of said ordinance, and careful consideration having been given to all such matters, the Council does, pursuant to Section 3.05 of said ordinance, hereby 1. accept and approve said statement in all respects; 2. determine that it is necessary to make and determine to make the improvement consisting of the installation of a street lighting system on Gillman Street south of West Chicago in Livonia Estates Subdivision and Livonia Estates Subdivision No. 2, in the Southeast 1/4 of Section 36, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assess- ment upon the property especially benefited in proportion to the benefits derived or to be derived; 3, approve the plans and specifications for the improvement as set forth in said statement, dated December 14, 1962; 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows: A special assessment district located in the S. E. 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows: Page 5852 Beginning at a point distant S. 89° 40' E. 428.88 ft. and N. 2° 47' E. 529.75 ft. from the S. 1/4 corner of said Section 36; proceeding thence N. 8° 33' 40" W. 136.03 ft.; thence N. 00 07' E. 1804.70 ft.; thence N. 89° 52' E. 55.0 ft.; thence N. 00 071 E. 120.0 ft.; thence N. 890 52' E. 212.67 ft.; thence S. 00 08' 51" W., 2032.26 ft.; thence S. 83° 36' 22" W. 247.64 ft. to the point of beginning; 7. direct the City Assessor to prepare special assessment rolls in accordance with the Council's determination on said statement as prepared by the City Engineer, dated December 14, 1962; 8. that upon completion of said rolls, the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon, pursuant to Ordinance No. 401, as amended. The letter dated January 29, 1963, from the Director of Public Works submitted pursuant to resolution #41-63, regarding Accelerated Public Works Ap- plications, was received and placed on file for the information of the Council. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 145 OF THE CITY OF LIVONIA, ENTITLED "THE M_.SDEMEANOR ORDINANCE" BY AMENDING SECTION 6.03 THEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. Section 6.3 of Chapter VI of Ordinance No. 145, the "Misdemeanor Ordinance," is hereby amended to read as follows: Section 6.3 Presence in Billiard Parlors. It shall be unlawful for any person operating or having the control of any billiard or pool table for profit, or who has the control of any room or rooms wherein is kept, used, or operated, for profit, any billiard or pool table of any kind whatsoever, to permit or allow any minor under the age of seventeen (17) to play thereon or to use any such table, or to remain in, or frequent such room. It shall also be the duty of any person who is the proprietor or keeper of a billiard parlor or pool hall to post conspicuously in his place of business the following sign: "Minors Under the Age of Seventeen (17) Years Not .Allowed Here." 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. Page 5853 L The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. On motion of Councilman McNamara, seconded by Councilman Dooley, and unanimously adopted, this 394th regular meeting of the Council of the City of Livonia was duly adjourned at 8:31 P. M., January 30, 1963. ---- 7---- / / ate_ ( / L9 Mari W. Clark, City Clerk z ) r / I , L L