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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-01-12 Page 3735 MINUTES OF THE TWO HUNDRED SIXTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 12, 1959, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:34 o'clock p. m.. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present -- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #1-59 RESOLVED, that the minutes of the 267th regular meeting of the Council of the City of Livonia held December 22, 1958, are hereby approved. Henry V. Herrick, Wayne County Drain Commissioner, appeared before the Council to present fourteen proposed resolutions for drainage improvements in the northern part of the City, in accordance with the study plan and estimates by Hubbell, Roth and Clark, Inc., consulting engineers, dated February 11, 1958 and August 19, 1958. The following preamble and resolution was offered by Councilman Bagnall and supported by Councilman Sasser: #2-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: BEITZ DRAIN IN SECTION 9 An enclosed drain, together with necessary appurtenances, and an open drain, together with necessary culverts, the location and route of said drain to be as follows: Beginning in the established Beitz Drain at Curtis Avenue, thence an open drain following the route of the established Beitz Drain to Filmore Avenue extended, thence an enclosed drain North in Filmore Avenue extended and Filmore Avenue to the established Beitz Drain, thence an open drain following the route of the established beitz Drain Westerly approximately 1240 feet to the East line of the Heiman Park Subdivision, thence an enclosed drain following the route of the established Beitz Drain Westerly approximately 580 feet to the West line of the Heiman Park Subdivision, thence an open drain following the route of the established Beitz Drain to Seven Mile Road. Page 3736 AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble thereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commis- sioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Page 3737 The following preamble and resolution was offered by Councilman Sasser, and supported by Councilman Salvadore: #3-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: A B WOLFRAM DRAIN IN SECTIONS 13 AND 14 Enclosed drains, together with necessary appurtenances; the location and route of said drains to be as follows: A - Beginning in the Bell Creek at Henry Ruff Road, thence South in Henry Ruff Road to Rayburn Avenue. B - Beginning in the Bell Creek at the point of beginning of the estab- lished Wolfram Drain, thence following the route of the established Wolfram Drain approximately 1250 feet to Puritan Avenue extended, thence West along Puritan Avenue extended to Middlebelt Road, thence South in Middle- belt Road approximately 1320 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing Page 3738 and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, es- tablishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman McCann and supported by Councilman Kleinert: #4-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: OWENS - BELL DRAIN IN SECTION 15 An enclosed drain, together with necessary appurtenances; the location and route of said drain to be as follows: Beginning in the Bell Creek at Hubbard Road, thence South in Hubbard Road to Five Mile Road. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michi- gan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Page 3739 Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, s}ull be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman Salvadore and supported by Councilman Sasser: #5-59 WHEREAS, it is necessary to locate, establish and construct a county drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: BARLOW DRAIN IN SECTION 16 An enclosed drain, together with necessary appurtenances; the location and route of said drain to be as follows: Beginning in the Bell Creek approximately 200 feet West of Farmington Road, thence Southwesterly between Myrna Drive and Hampshire South Road approxi- mately 1100 feet to Rayburn Avenue between Edington Road and Stamford Road, thence Southerly adjacent to the rear lot line between Edington Road and Stamford Road and the extension of said rear lot line to the South side of Five Mile Road. Page 3740 AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth_ in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman Kleinert and supported by Councilmen Bagnall: Page 3741 #6-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: PICKFORD DRAIN IN SECTION 10 An open drain, together with necessary culverts; the location and route of said drain to be as follows: Beginning in the Tarabusi Creek at the point of beginning of the estab- lished Pickford Drain, thence following the route of the established Pickford Drain to Curtis Avenue. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forthin the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, estab- lishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Com- missioner of the County of Wayne, Michigan, together with a certified copy of this resolution. Page 3742 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman Bagnall and supported by Councilman Kleinert: #7-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: NORTH BRANCH OF BELL CREEK IN SECTION 12 An open drain, together with necessary culverts; the location and route of said drain to be as follows: Beginning in the existing open drain at the north line of the Thomas F. O'Connor's Middlebelt Subdivision approximately 1100 feet east of Middlebelt Road, thence following the route of the existing open drain northerly to the existing enclosed drain approximately 250 feet south of Seven Mile Road. AND WHEREAS, in the opinion of the City Council, the location, tb. establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40, Page 3743 Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman Kleinert and supported by Councilman McCann: #8-59 WHEREAS, it is necessary to locate, establish and construct a County Drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: BRANCH OF BELL DRAIN IN SECTIONS 23 AND 24 An open drain, together with necessary culverts; the location and route of said drain to be as follows: Beginning in the existing enclosed drain at the north line of the Patty Ann Subdivision approximately 620 feet east of Middlebelt Road; thence following the route of the existing open drain northerly to Jamison Avenue; thence westerly to Cavour Road; thence northwesterly to Middlebelt Road approximately 180 feet South of Elsie Avenue; thence westerly and northwesterly to Hoy Road approximately 650 feet west of Beatrice Avenue; thence northwesterly and northerly to Melvin Avenue and Five Mile Road. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; Page 3744 AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Section 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman Bagnall and supported by Councilman O'Neill: #9-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: RYDER DRAIN IN SECTION 28 An open drain, together with necessary culverts; the location and route of said drain to be as follows: Beginning in the existing enclosed drain in Plymouth Road at the point of beginning of the established Ryder Drain; thence following the route of the established Ryder Drain to the west line of Section 28. Page 3745 AND WHEREAS, in the opinion of the City Council, the location, establish- ing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for Public Health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and construction of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, estab- lishing and constructing of the drain set forth in the preamble hereof, pursuant to Chaptser 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman Sasser and supported by Councilman Salvadore: Page 3746 #10-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: EXISTING DITCH IN NORTHEAST 1/4 OF SECTION 11 An open drain, together with necessary culverts; the location and route of said drain to be as follows: Beginning in the existing open drain approximately 220 feet west of Middlebelt Road and 270 feet south of the north line of the Sunset Hills Subdivision; thence following the route of the existing open drain northwesterly to Clarita Avenue approximately 900 feet west of Middlebelt Road. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for Public Health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, Page 3747 as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman Sasser and supported by Councilman McCann: #11-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: EXISTING DITCH IN SECTION 15 WEST OF HUBBARD An open drain, together with necessary culverts; the location and route of said drain to be as follows: Beginning in the Bell Creek at the existing open drain approximately 1400 feet east of Farmington Road, thence following the route of the existing open drain northeasterly between Fairfield Drive and Hubbard Road to Six Mile Road. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for Public Health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. Page 3748 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, 0/Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman McCann and supported by Councilman Salvadore: #12-59 1 1D4 AS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: EXISTING DITCH IN SECTION 14 ADJACENT TO MERRIMAN ROAD An open drain, together with necessary culverts; the location and route of said drain to be as follows: Beginning in the Bell Creek at Merriman Road, thence north in Merriman Road to Six Mile Road. AND WHEREAS, in the opinion of the City Council, the locating establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for Public Health, the State of Michigan for drainage of State highways, and the County of Wayyne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; Page 3749 AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, Lis 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman Salvadore and supported by Councilman McCann: #13-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: EXISTING DITCH IN THE SOUTHWEST 1/4 OF SECTION 11 AND NORTHERLY PART OF SECTION 14 An open drain, together with necessary culverts; the location and route of said drain to be as follows: Beginning in the Bell Creek at the existing open drain approximately 400 feet east of Henry Ruff Road, thence following the route of the existing open drain northerly to Munger Avenue approximately 180 feet east of Page 3750 Henry Ruff Road, thence northwesterly to Henry Ruff Road approximately 100 feet north of Munger Avenue, thence northwesterly to Six Mile Road approximately 1920 feet east of Merriman Road, thence northwesterly to Merriman Road approximately 1230 feet north of Six Mile Road. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for Public Health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Section 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Page 3751 The following preamble and resolution was offered by Councilman Salvadore and supported by Councilman McCann: #14-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: EXISTING DITCH IN SOUTHWEST 1/4 OF SECTION 13 An enclosed drain, together with necessary appurtenances; the location and route of said drain to be as follows: Beginning in the existing enclosed drain at the north side of Broadmoor Avenue approximately 660 feet west of Harrison Avenue, thence southerly across Broadmoor Avenue and south adjacent to the east line of Lot 254 of the Supervisor's Livonia Plat No. 3 and said line extended to the north line of Parcel K 13 b, 14 b, 15, 16 b, thence westerly adjacent to the north line of Parcel K 13 b, 14 b, 15, 16 b, approximately 220 feet, thence south to the south line of Parcel K 13 b, 14 b, 15, 16 b, at the existing open drain. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for Public Health, the State of Michigan for drainage of State highways, and the County of Wayne for the drainage of County highways; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, T I4D IRE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the Page 3752 preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth. .in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES; Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. The following preamble and resolution was offered by Councilman McCann and supported by Councilman Sasser: #15-59 WHEREAS, it is necessary to locate, establish and construct a County drain to be located entirely within the limits of the City of Livonia, the location and route of said drain being as follows: A ei B EXISTING DITCH IN SECTION 12 Enclosed drainstogether with necessary appurtenances; the location and route of said drains to be as follows: A - Beginning in the established North Branch of the Bell Creek at the west line of Lot 144 of the Thomas F. O'Connor's Park View Acres Subdivision, thence northerly adjacent to said lot line to Lathers Drive, thence northwesterly in Lathers Drive to Floral Avenue, thence northeasterly and north in Floral Avenue to Curtis Avenue, thence east in Curtis Avenue to Floral Avenue, thence north in Floral Avenue to Pickford Avenue. B - Beginning in the Rouge River at Clarita Avenue, thence west in Clarita Avenue to Lathers Avenue, thence north in Lathers Avenue to Seven Mile Road, thence west in Seven Mile Road approximately 100 feet to the existing open drain. AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drain is necessary for the public health of the City of Livonia, which said opinion is concurred in by the Wayne County Health Department, and the entire cost thereof should be assessed against the City of Livonia for public health, the State of Michigan for drainage of State Highways, and the County of Wayne for the drainage of County highways; Page 3753 AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956) provides a feasible method of financing the cost of said drain where the same is necessary for the public health of the City, and where the entire cost of the drain is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be suffi- cient if signed by such public corporation only. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the drain set forth in the preamble hereof, and does hereby consent to the location, establishing and constructing of said drain pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing and constructing of the drain set forth in the preamble hereof, pursuant to Chapter 20, of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann and unanimously adopted, it was #16-59 RESOLVED, that the Annual Report of the Mayor dated December 30, 1958, be received and placed on file. Page 3754 By Councilman Kleinert, seconded by Councilman Sasser, it was #17-59 RESOLVED, that Council Resolution No. 191-58, adopted by the Council at Council meeting held March 31, 1958, is hereby rescinded and it is further RESOLVED, that the Council having determined that it is neces- sary, in order to insure the public health, safety and welfare of a certain portion of the City of Livonia, to install sanitary sewer laterals in Merriman Estates Subdivision in the City of Livonia, more specifically to install sanitary sewer laterals on those portions of Puritan, Wentworth, Rayburn Avenues and Henry Ruff Road in the above subdivision, the estimated cost of which will be $62,790.00 as outlined in the report from Edwin M. Orr, Consulting Engineer, dated March 3, 1958, and the Council having also determined that such extension should properly have been included in the contract hereinafter referred to and incorporated into the City of Livonia Sewage Disposal System originally, does herein request that the Board of Wayne County Road Commissioners (1) Approve of adding the above described project to the contract dated March 21, 1955, and supplemented by a contract dated August 24, 1955, by and between the said Board and the City providing for the construction of additional major sewer facilities; (2) Approve the use of a sufficient amount of the surplus revenues presently in the possession of the County from the issuance of bonds in connection with the above contract to cover the cost of such project; (3) Approve of the making of progress payments from the above surplus revenues directly to the City of Livonia upon presentation by the City to the Board of duly certified vouchers; and further that the City of Livonia hereby accepts responsibility for the construction, inspection, supervision and final acceptance of the above described sanitary sewer installation and will also secure all easements necessary for the construction of such sanitary sewer laterals; provided, however, that it is understood by the City of Livonia that this request is contingent upon the approval of the legal firm of Miller, Canfield, Paddock and Stone that such project may be validly added to said contract and may properly be financed by said surplus bond revenues. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman O'Neill and unanimously adopted, it was #18-59 RESOLVED, that the Annual Report of the City Assessor dated January 5, 1959 is received and placed on file. Page 3755 By Councilman Salvadore, seconded by Councilman McCann, it was #19-59 RESOLVED, that the request of the Budget Director dated January 9, 1959, having been considered, the Council does hereby appropriate the sum of $1,000.00 from the Municipal Refuse Disposal System Account for the purpose of paying necessary costs of travel and other incidental expenses incurred by City officials during their research for such system. A roll call vote was taken on the foregoing resolution with the following result : AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Councilman Sasser read the report of the Streets, Roads and Plats Committee dated January 12, 1959 on three items which were studied by the Committee. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #20-59 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee with regard to the petition of John McGinty to open and improve a portion of Curtis Street, the Council does hereby refer this petition to the Department of Law and requests that negotiations be commenced by the Department of Law to obtain the dedica- tion of the necessary right-of-way on Curtis Street. By Councilman Sasser, seconded by Councilman Salvadore, it was #21-59 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated September 19, 1958, and the report and recommendation of the Streets, Roads and Plats Committee with regard to the use of surplus bond funds, the Council does herein authorize the improvement of the following roads: (1) Stark Road and Plymouth Road (North and South sides 100' long, 34' width) $ 10,945.00 (2) Levan Road and Plymouth Road (North side 100' long, 44' width) 6,652.00 (3) Newburgh Road and Plymouth Road (North side 100' long, 44' width) 6.652.00 Total: $ 24,249.00 and the Director of Public Works is herein authorized to advertise to secure bids for the improvement of the roads above stated for the purpose of entering into proper contracts for the improvement of the roads. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Page 3756 By Councilman Sasser, seconded by Councilman Bagnall, it was #22-59 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated September 12, 1958 on all matter required by Section 6 of Ordinance No. 31, as amended, and a public hearing having been held thereon on October 13, 1958, after due notice as required by said ordinance, and careful consideration having been given to all matters, the Council does hereby 1. Accept and approve said statement in all respects. 2. Determine to make the paving, drainage and sidewalk improvements on Henry Ruff Road between Grandon on the North and Joy Road on the South in Section 35 in the City of Livonia, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits received or to be derived; 3. Approve the plans and specifications of the improvements as set forth in said statement dated September 12, 1958; 4. Determine that the total cost of such improvement is $22,401.52; 5. Determine that the cost of said improvement shall be paid for in part by special assessment on the property benefited thereby and in part by the City at large, in proportions hereafter established. 6. That the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $5,031.78 and that the balance of said cost and expense of said public improvement amounting to $17,375.17, shall be borne and paid by special assessment on all lands and premises in the special assessment district as herein established in proportion to the benefit to be derived therefrom. 7. Determine that the assessments made for such improvements may be paid in ten (10) annual installments together with interest thereon in the amount of 6% per annum on unpaid balance thereon. 8. Designate the assessment district describing the land and premises upon which special assessments shall be levied as follows: Beginning at the Southeast corner of Lot 518, E. G. Settle Realty Company's Bonaparte Gardens Subdivision, proceeding thence North along the East line of Lot 518 extended 120.0 feet to the South line of Lot 519; thence East along the South line of Lot 519, 96.99 feet to the Southeast corner of said Lot 519; thence North 0 degrees 05 minutes West 1144.86 feet to the North line of Cathedral Avenue (vacated); thence South 89 degrees 43 minutes 40 seconds West 167.88 feet to the centerline of Henry Ruff Road; thence South 0 degrees 03 minutes 55 seconds West along the centerline of Henry Ruff Road 1264.89 feet to the North line of Joy Road; thence North 89 degrees 43 minutes 40 seconds East 74.16 feet along the North line of Joy Road to the Point of Beginning. Page 3757 9. That the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council. 10. That upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 11 of Ordinance No. 31, 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Councilman Bagnall read the report of the Finance and Insurance Committee dated January 12, 1959 regarding four items which were under consideration by said Committee. By Councilman Bagnall, seconded by Councilman McCann, it was #23-59 RESOLVED, that having considered the communication from the Civil Service Commission dated October 29, 1958, the Council does hereby concur with and approve of the establishment of the classification of Accountant at a salary for such classification as follows: ACCOUNTANT - $5,646.00 (First 6 months) 5,826.00 (7 through 12 months) 6,000.00 (After 12 months) and $600.00 is hereby appropriated to the Clerical Salary Account (1-B) of the Accounting Division. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann, it was #24-59 RESOLVED, that having considered the request of the Municipal Judge dated December 4, 1958, and having also considered the recommenda- tion of the Finance Committee there is hereby transferred from the unappropriated surplus to Municipal Court Budget Account No. 70 the sum of $1,200.00 for the purpose of providing funds to purchase complete sets of Michigan Statutes Annotated and the Michigan Reports, which books are necessary in order that the Municipal Court may more satisfactorily function. Page 3758 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #25-59 RESOLVED, that having considered the request and recommendation of the City Clerk, which request was concurred with by the Mayor by letter dated October 14, 1958, and having also considered the recommendation of the Finance Committee, the Council does hereby transfer from the Unappro- priated Surplus to the Election Commission Budget Account No. 70 the sum of $4,335.00 for the purpose of purchasing three (3) Shoup Voting Machines from Green Oak Township, which machines are necessary in order that the City may have a sufficient number of voting machines at municipal and general elections. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser, it was #26-59 RESOLVED, that having considered the report and recommendation of the Finance Committee, the Council does herein approve of the estab- lishment of the classification of Personnel Director at a salary of $6,200.00 per annum for such classification; subject, however, to the concurrence of the Civil Service Commission with the establishment of this classification. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Recess was called at 9:30 o'clock p. m., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Sasser, seconded by Councilman Salvadore, it was #27-59 RESOLVED, that having considered the requests of Mr. James L. Johnson for certain pay-back agreements as set forth in his letter dated December 14, 1958, the Council does herein deny said request and does re- affirm its policy as to pay-back agreements as previously set forth in Council Resolution No. 733-58. By Councilman O'Neill, seconded by Councilman Kleinert, it was Page 3759 RESOLVED, that the request of James L. Johnson regarding certain pay-back agreements, as set forth in his letter dated December 14, 1958, is hereby tabled for further consideration. A roll call vote was taken on the foregoing tabling resolution with the following result: AYES: Kleinert, O'Neill and Grant. NAYS: Sasser, Salvadore, McCann and Bagnall. The President declared the resolution rejected. A roll call vote was taken on the original resolution #27-59 with the following result: AYES: Sasser, Salvadore, McCann and Bagnall. NAYS: Kleinert, O'Neill and Grant. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Sasser, it was #28-59 RESOLVED, that having considered the report and recommendation of the Department of Public works and the City Engineer dated December 9, 1958, the Council does herein authorize the Mayor and the City Clerk to execute the cost agreement for traffic signal control, submitted by the Michigan State Highway Department in connection with the installation of the traffic signal at Plymouth and Hubbard Roads. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #29-59 RESOLVED, that pursuant to Section 6 of Chapter VIII of the Charter of the City of Livonia, the Board of Review (Tax Assessments) shall convene for its first session on Tuesday, March 3rd and Wednesday, March 4th, 1959; and that such Board shall convene for its second session Monday, March 16th and Tuesday, March 17th, 1959, Livonia, Michigan, during the hours of 9:00 A. M. to 4:30 P. M. on each of said dates, except that on March 16th and March 17th, the sessions shall also be held between the hours of 7:00 P. M. and 9:00 P. M.. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was Page 3760 #30-59 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia and upon recommendation of the Mayor dated December 30, 1958, the Council does hereby confirm the appointment of Harry B. LeBlanc and Clyde Bentley to the Board of Review of the City of Livonia for terms of two (2) years each, to be effective from the date of expiration of their present terms of office. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #31-59 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 29, 1958 concerning the widening of M-14 at Ann Arbor Trail, the Council does herein authorize the Mayor and the City Clerk to execute the Consent Agreement submitted by the Michigan State Highway Department for the widening of M-14 at Ann Arbor Trail. By Councilman Sasser, seconded by Councilman Kleinert and unanimously adopted, it was #32-59 RESOLVED, that having considered the reports and recommendations of the City Engineer dated December 29, 1958 and November 25, 1958, the Council does herein authorize the Mayor and the City Clerk to execute the consent agreements for the proposed widening of Plymouth Road in the vicinity of Middlebelt and the proposed widening of Plymouth Road at Wonderland Shopping Center, as submitted by the Michigan State Highway Department. By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #33-59 RESOLVED, that having considered the recommendation of the Livonia Police Department dated January 5, 1959, and the letter from the Michigan Liquor Control Commission dated November 17, 1958, the Council does hereby approve the request of Raymond C. and Anne M. Stinson to transfer ownership of SDM license from Roderick P. and Esther C. McKay located at 29421 West Six Mile Road, Livonia, Michigan. By Councilman Sasser, seconded by Councilman Kleinert and unanimously adopted, it was #34-59 RESOLVED, that having considered the report and recommendation of the City Planning Commission dated December 11, 1958 in regard to Petition No. Z-320 of Mr. and Mrs. John E. Connolly, et al, requesting a change of zoning classification in the S. E. 1/4 of Section 16 from R-1-B to PS, the Council herein does reject the recommendation of the Planning Commission and Petition No. Z-320 is hereby approved; and the City Attorney is hereby instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Page 3761 By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #35-59 RESOLVED, that having considered the report and recommendation of the City Planning Commission dated December 12, 1958 in regard to Petition No. Z-322 of Leo R. Burton and Margaret Burton, et al, requesting a change of zoning classification in the N. W. 1/4 of Section 24 from RUF-B to C-2, the Council does herein concur with said recommendation and Petition No. Z-322 is denied. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #36-59 RESOLVED, that Petition No. V-41, submitted by Picture Homes, Inc. and Edward Carlson to vacate a certain dead-end portion of Woodring Street in Brightmoor Home Acres Subdivision, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #37-59 RESOLVED, that Petition No. V-42, submitted by E. C. Imonen and Associates to vacate an easement in Imonen Subdivision, Section 3, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #38-59 RESOLVED, that Petition No. V-43 submitted by Seaway Builders, et al, to vacate an alley running between Gilman Avenue on the east and Lathers Avenue on the west, being the first alley south of Seven Mile Road, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Salvadore, seconded by Councilman Sasser it was #39-59 RESOLVED that, Green Brothers Builders, 19144 Schaefer Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivisions: Schulgren Subdivision, Units II, III and IV, located between Ann Arbor Trail and Joy Road, east of Newburgh Road, in Section 32; and it appearing that tenta- tive approval of said proposed plat was given by the City Planning Com- mission under date of April 16, 1957 and on September 17, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the De- partment of Public Works under dates of December 11th and 12th, 1958; the City Council does hereby approve said proposed plats on the follow- ing conditions: Page 3762 (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said pro- prietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amounts: Schulgren Subdivision, Unit II $ 62,000.00 Schulgren Subdivision, Unit III 72,000.00 Schulgren Subdivision, Unit IV 259,000.00 and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) On full compliance with the above conditions and with the pro- visions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser, it was #40-59 RESOLVED, that pursuant to the report and recommendation of the City Engineer and Director of Public Works dated December 30, 1958, the Council does herein amend Item No. 3 of Council Resolution No. 325-58 adopted at a meeting held on May 26, 1958, so as to establish a bond for improvements in Koloff's Greenbriar Meadows Subdivision in the amount of $9,000.00 to cover the cost of sidewalks and cleanup. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman McCann, it was Page 3763 #41-59 RESOLVED, that pursuant to the report and recommendation of the City Engineer and Director of Public Works dated December 30, 1958, the Council does herein amend Item No. 3 of Council Resolution No. 326-58 adopted at a meeting held on May 26, 1958 so as to establish a bond for improvements in Koloff's Greenbriar Meadows Subdivision No. 2 in the amount of $41,000.00 to cover the cost of sidewalks and cleanup. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Salvadore, it was #42-59 RESOLVED, that pursuant to the report and recommendation of the City Engineer and Director of Public Works dated December 31, 1958, the Council does herein amend Item 3 of Council Resolution No. 327-58, adopted at a meeting held on May 26, 1958, so as to establish a bond for improvements in Koloff's Greenbriar Meadows Subdivision No. 3 in the amount of $45,000.00 to cover the cost of sidewalks and cleanup. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser, it was #43-59 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 29, 1958, the Council does hereby amend Item 3 of Council Resolution No. 568-56 adopted at a meeting held on September 10, 1956, and Council Resolution No. 270-57 adopted at a meeting held on April 8, 1957 so as to establish a bond for improvements in Terrence Park Subdivision in the amount of $10,000.00 to cover the cost of the installation of sidewalks and cleanup. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #44-59 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 23, 1958, the Council does hereby amend Item 3 of Council Resolution No. 676-58 adopted at a meeting held on October 20, 1958, so as to establish a bond for improvements in Richland Estates Subdivision in the amount of $9,000.00 to cover the cost of the installation of sidewalks and cleanup. a.• A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Page 3764 By Councilman Kleinert, seconded by Councilman Salvadore, it was #45-59 RESOLVED, that pursuant to the report and recommendation of the Chief City Engineer dated December 29, 1958, the Council does hereby release the $320,000.00 improvements bond on deposit with the City to cover improvements in Burton Hollow Subdivision to the proprietor, Rouge Building Company, 20063 James Couzens Highway, Detroit 35, Michigan, it appearing from the above report that all improvements have been satis- factorily constructed and that adequate maintenance bonds have been filed with the City Clerk to cover sanitary sewers, storm sewers, water mains and street paving, and the City Clerk is 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: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #46-59 RESOLVED, that having considered Resolution No. 277-12-58 of the Traffic Commission, the Council does hereby refer said resolution to the Director of Public Works for the purpose of obtaining cost estimates upon the replacement of the Hubbard Road Bridge and the Director of Public Works is requested to submit his report and further recommendation thereon to the Council. By Councilman Bagnall, seconded by Councilman Sasser, it was #47-59 RESOLVED, that having considered the report and recommendation of the Treasurer dated January 5, 1959, the Council does herein concur with said recommendation and the January 20th penalty date for the pay- ment of taxes is hereby waived and taxpayers shall have through Feb- ruary 28, 1959 to pay their taxes without penalty. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman Kleinert, it was #48-59 RESOLVED, that having considered the report and recommendation of the Chief City Engineer and Director of Public Works dated December 19, 1958, the Council does herein accept the bid of B. K. Elliott Company, 10136 Puritan Avenue, Detroit 38, Michigan, for one (1) 18" Gurley Dumpy Level with extension tripod, in the amount of $425.00 for the reasons set forth in the above report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Page 3765 By Councilman Bagnall, seconded by Councilman Salvadore, it was #49-59 RESOLVED, that pursuant to the report and recommendation of the Chief of Police and Director of Public Safety dated January 6, 1959, the Council does herein accept the bid of Bill Brown Sales, Inc., 32222 Plymouth Road, City of Livonia, for six (6) 1959 model eight (8) cylinder sedans for the net bid price of $6,769.50, such having been the lowest bid received in accordance with the specifications after consideration of the trade-in allowance given the City for six (6) 1958 Chevrolet sedans. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: None. Councilman McCann introduced the following ordinance as an Emergency Ordinance: ORDINANCE NO. 232 AN ORDINANCE AMENDING SECTION 4.05 OF ARTICLE 4.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA". THE CITY OF LIVONIA ORDAINS: Section 1. Section 4.05 of Article 4.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia", is hereby amended to read as follows: Section 4.05 Minimum Lot Size and Width. The size and minimum width of each residential lot on which or in relation to which any building or use is affected by the provisions of this ordinance shall not be less than (a) as to all lots within Sections 34, 35 and 36 of the City of Livonia, sixty-six hundred (6600) square feet in area and fifty-five (55) feet in width; (b) as to all lots within Sections 1, 2, 3, 10, 11, 12, 13, 14, 15 and 22 through 33, inclusive, of the City of Livonia, seventy-two hundred (7200) square feet in area and sixty (60) feet in width; (c) as to all lots within Sections 4 through 9, inclusive, and Sections 16 through 21, inclusive, of the City of Livonia, eighty-four hundred (8400) square feet in area and seventy (70) feet in width; (d) the area and minimum width fixed by ordinances of the City of Livonia; and Page 3766 (e) the area and minimum width fixed by the Subdivision Regulations, and the rules and decisions of the City Planning Commission; provided, however, that in passing upon or approving any proposed plat of a new subdivision, and in order to avoid a hardship or injustice, the City Planning Commission is authorized to reason- ably construe such minimum widths of fifty-five (55), sixty (60) and seventy (70) feet as the average width of the lots within such plat; and, provided further, that the provisions of this section shall not apply to a lot, or a piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this ordinance; and provided further, that where any property owner can show to the Council of the City of Livonia that the seventy (70) foot minimum frontage and eighty-four hundred (8400) square foot minimum lot area requirements impose a practical hardship upon the use of property due to special circumstances arising from the location of such property, the Council upon recommendation of the City Planning Commission may reduce such requirements to the extent that they deem such reduction is necessary. Section 2. The provisions of this ordinance shall not be ap- plicable to nor apply to any lot, or piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this ordinance and the provisions of this ordinance shall not be applicable to subdivision plats that have received approval of the City Planning Commission prior to the effective date of this ordinance. Section 3. 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 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 portion of this ordinance. Section 5. This ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public health, safety and welfare, and shall become effective immediately on publication. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Kleinert, Sasser, Salvadore, McCann, O'Neill and Bagnall. NAYS: Grant. The President declared the Ordinance adopted and would become effective on date of Publication • Page 3767 On motion of Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, this 268th regular meeting of the Council of the City of Livonia was duly adjourned at 10:22 o'clock p. m., January 12, 1959. .„7/Marie W. Clark, City Clerk