HomeMy WebLinkAboutCOUNCIL MINUTES 1959-02-23 Page 3804
MINUTES OF THE TWO HUNDRED SEVENTY-FIRST REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On February 23, 1959, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately 8:43
o'clock p. m.. Councilman McCann 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. Absent -- none.
By Councilman Sasser, seconded by Councilman McCann and unanimously adopted,
it was
#104-59 RESOLVED, that the minutes of the 270th regular meeting of the
Council of the City of Livonia held February 9, 1959 are hereby approved.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#105-59 RESOLVED, that having considered the recommendation from the
Civil Service Commission dated January 28, 1959, the Council does herein
concur with the recommendation of the Commission that there be created
and established the new classification of Water Operations Mechanic,
Grades I, II and III, Water Operations Mechanic, Grade I, to replace the
existing classification of General Maintenance Man; and the Council does
also concur with the suggested schedule of rates for such positions as
contained in the above letter and are repeated herein as follows:
First 6 Mos. 7 thru 12 After 12 Mos.
Water Operations Mechanic I - $ 2.44 $ 2.50 $ 2.60
rr rt It II - 2.55 2.60 2.70
r7 rr if III - 2.65 2.70 2.81
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert and unanimously
adopted, it was
#106-59 RESOLVED, that the Council does hereby request the City Planning
Commission to review Section 4.32 of Article 4.00 of Ordinance No. 60, the
Zoning Ordinance, which section establishes minimum size one-family dwell-
ings, and in reviewing same to consider whether or not such minimum
requirements should be increased; and further, the Council requests the
City Planning Commission to review the present side yard requirements for
the various residential districts and determine whether or not same are
adequate; and further, the Council requests the City Planning Commission
to submit their findings together with their specific recommendations as
soon as is reasonably possible.
Page 3805
Marie W. Clark, City Clerk, presented resolutions prepared by Miller,
Canfield, Paddock and Stone, bonding attorneys, and approved by the Department of
Law, authorizing the issuance of $383,000.00 bonds for the purpose of acquiring
three fire station sites and constructing and equipping two new fire stations,
pursuant to the proposition approved by the electors of this City on November 4, 1958.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#107-59 WHEREAS, by authority of a resolution of the City Council, the
following proposition was submitted to vote of the qualified electors of
the City of Livonia, County of Wayne, Michigan, at the General November
Election held in said City on Tuesday, November 4, 1958:
Fire Station Bonding Proposition
Shall the City of Livonia, County of Wayne, State
of Michigan, borrow the sum of not exceeding Three
Hundred Eighty-three Thousand ($383,000.00) Dollars
and issue its general obligation bonds therefor for
the purpose of acquiring three sites for fire stations,
and constructing and equipping two new fire stations?
AND WHEREAS, more than three-fifths (3/5) of the qualified
electors voting on said proposition at said election voted in favor of
said proposition, and it has been duly determined by the City Council
that said proposition was carried by more than a three-fifths (3/5)
vote:
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Bonds of the City of Livonia be issued in the aggregate
principal sum of Three Hundred Eighty-Three Thousand $383,000) Dollars,
for the purpose of acquiring three sites for fire stations, and con-
structing and equipping two new fire stations in said city.
2. Said issue of bonds shall consist of three hundred eighty-
three (383) bonds of the denomination of $1,000.00 each, dated as of
April 1, 1959, numbered in direct order of maturity from 1 to 383, both
inclusive, and maturing serially as follows:
$10,000.00 April 1st of each of the years 1960 to 1973, both inclusive;
$15,000.00 April 1st of each of the years 1974 to 1988, both inclusive;
$18,000.00 April 1, 1989.
Said bonds shall bear interest at a rate or rates of not exceeding five
per cent (5%) per annum, payable on April 1, 1960, and semi-annually there-
after on October 1st and April 1st of each year, both principal and interest
to be payable at a bank or trust company to be designated by the purchaser
of the bonds.
Page 3806
Said bonds shall not be subject to redemption prior to maturity.
3. The Mayor and City Clerk shall sign and execute said bonds
on behalf of the City and cause the corporate seal of the City to be
affixed thereto, and interest coupons shall be annexed to said bonds bearing
the facsimile signatures of said Mayor and City Treasurer, and said bonds,
when executed, shall be delivered to the City Treasurer and be delivered by
him to the purchaser thereof on payment of the purchase price therefor.
4. The form of said bonds and the attached coupons shall be in
substantially the following form:
UNITED STATES OF AMMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
GENERAL OBLIGATION FIRE STATION BOND
No. $1,000.00
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County
of Wayne, State of Michigan, acknowledges itself to owe and for value
received hereby promises to pay to the bearer hereof the sum of
ONE THOUSAND DOLLARS
lawful money of the United States of America, on the first day of April,A.D.
19 , with interest thereon from the date hereof until paid at the rate of
per cent per annum, payable on April 1, 1960, and
semi-annually thereafter on the first day of October and April of each year,
on presentation and surrender of the annexed interest coupons as they
severally become due. Both principal of and interest on this bond are hereby
made payable at
and for the prompt payment of this bond, both principal and interest, the
full faith, credit and resources of the City of Livonia are hereby irrevocably
pledged.
This bond is one of a series of three hundred eighty-three (383)
bonds of even date and like tenor, except as to date of maturity
aggregating the principal sum of $383,000.00, numbered consecutively in
direct order of maturity from 1 to 383, both inclusive, issued for the purpose
of paying the cost of acquiring three sites for fire stations, and constructing
and equipping two new fire stations in said City, and has been authorized
by a three-fifths (3/5) vote of the electors of said City voting thereon at
the general November election held in said City on Tuesday, November 4, 1958,
in accordance with the provisions of the City Charter and the statutes of
the State of Michigan.
This bond is payable out of the debt retirement fund of said City
of Livonia, and it is hereby certified and recited that all acts, conditions
and things required by law precedent to and in the issuance of this bond
exist and have been done and performed in regular and due time and form as
required by law, and that the total indebtedness of said City of Livonia,
Page 3807
including this bond, does not exceed any constitutional, charter or statutory
limitation.
IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of
Michigan, by its City Council, has caused this bond to be signed in the name
of said City by its Mayor and countersigned by its City Clerk and its cor-
porate seal to be affixed hereto, and has caused the annexed interest
coupons to be executed with the facsimile signatures of its Mayor and City
Treasurer, all as of the first day of April, A. D., 1959.
City of Livonia
By
Mayor
(Seal)
Countersigned:
City Clerk
(Form of Coupon)
No. $
On the first day of , A. D., 19 , the CITY OF
LIVONIA, County of Wayne, State of Michigan, will pay to the bearer hereof
the sum of Dollars, at
, being the semi-annual interest due that
date on its General Obligation Fire Station Bond dated April 1, 1959,No. .
Mayor
City Treasurer
5. The City Clerk shall make application to the Municipal Finance
Commission for approval of the issuance and sale of said bonds and of the
form of Notice of Sale in accordance with the provisions of Act 202, Public
Acts of Michigan, 1943, as amended.
6. The City Clerk shall cause Notice of Sale of said bonds to be
published in the Michigan Investor, Detroit, Michigan, and in The Livonian
of Livonia, Michigan, a newspaper of general circulation in the City of
Livonia, as soon as the form of Notice of Sale is approved by the Municipal
Finance Commission, fixing the date of sale of said bonds for the first
regular or special meeting of the City Council to be held more than seven (7)
full days after such publication.
7. The Notice of Sale shall be in substantially the following
form, subject to any changes therein required by the Municipal Finance
Commission:
Page 3808
NOTICE OF SALE
$383,000.00
CITY OF LIVONIA, COUNTY OF WAYNE
MICHIGAN
GENERAL OBLIGATION FIRE STATION BONDS
Sealed bids for the purchase of General Obligation Fire Station
Bonds of the City of Livonia, County of Wayne, Michigan, of the par value
of $383,000.00, will be received by the undersigned at the City Hall in
said City until 8:00 o'clock p. m., Eastern Standard Time, on
the day of , A. D,, 1959, at which time and
place said bids will be publicly opened and read.
Said bonds will be dated April 1, 1959, will be numbered con-
secutively in direct order of maturity from 1 to 383, both inclusive, and
will mature serially without option of prior redemption as follows:
$10,000.00 April 1st of each of the years 1960 to 1973, both inclusive;
$15,000.00 April 1st of each of the years 1974 to 1988, both inclusive;
$18,000.00 April 1, 1989.
Said bonds shall be coupon bonds of the denomination of $1,000.00
each and shall bear interest from their date at a rate or rates not ex-
ceeding five per cent (5%) per annum, expressed in multiples of 1/8 of 1%.
Said interest shall be payable on April 1, 1960, and semi-annually there-
after on the first day of October and April of each year. Both principal
and interest will be payable at a bank or trust company to be designated
by the purchaser of the bonds. Accrued interest to date of delivery of such
bonds must be paid by the purchaser at time of delivery. The interest rate
for each coupon period on any one bond shall be at one rate only.
For the purpose of awarding the bonds, the interest cost of each
bid will be computed by determining, at a rate or rates specified therein,
the total dollar value of all interest on the bonds from (here insert the
first day of the month next followin the date of receiving bids, or the
date of the bonds, whichever is later) to their maturity and deducting
therefrom any premium. The bonds will be awarded to the bidder whose bid
on the above computation produces the lowest interest cost to the City.
No proposal for the purchase of less than all of the bonds, nor
for less than 100% of their par value, will be considered.
The City is authorized by law to levy upon all the taxable pro-
perty therein such ad valorem taxes as may be necessary to pay the bonds
and the interest thereon, without limitation as to rate or amount.
A certified or cashier's check in the amount of $7,500.00, drawn
upon an incorporated bank or trust company and payable to the order of the
Treasurer of the City of Livonia, Michigan, must accompany each bid as a
guaranty of good faith on the part of the bidder, to be forfeited as
liquidated damages if such bid is accepted and the bidder fails to take up
and pay for the bonds. No interest will be allowed on the good faith check,
and checks of unsuccessful bidders will be promptly returned to each bidder's
representative or by registered mail.
Page 3809
Bids shall be conditioned upon the unqualified opinion of Miller,
Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving the
legality of the bonds. The cost of such opinion shall be paid by the City
of Livonia. The purchaser shall pay the cost of printing the bonds. Bonds
will be delivered at Detroit, Michigan, or such other place as may be
agreed upon with the purchaser of the bonds. The usual closing papers,
including a non-litigation certificate, will be delivered at the time of
the closing.
Envelopes containing the bids should be plainly marked "Proposal
for Bonds."
The right is reserved to reject any or all bids.
City Clerk
8. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and they hereby are
rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
Councilman Salvadore made a statement regarding recently authorized Civil
Service positions of City Personnel Director and Superintendent of Parks and Recreation.
By Councilman Salvadore, seconded by Councilman Sasser and unanimously
adopted, it was
#108-59 RESOLVED, that the Council does hereby refer to the Committee
of the Whole the reconsideration of the establishment of the recently
established classification of Personnel Director and Superintendent of
Parks and Recreation.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#109-59 RESOLVED that, the Council of the City of Livonia does hereby
request that the Committee of the Whole consider taking appropriate action
that will require the Mayor and the Budget Director to include in the
preparation of the 1959-1960 Budget of the City of Livonia the following:
1. An amount equal to ten percent (10%) of the total budget
to be designated specifically for capital improvements.
2. An amount equal to ten per cent (10%) of the total budget
to be designated specifically as a reserve fund for the City.
A roll call vote was taken on the foregoing resolution with the following result:
Page 3810
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Salvadore.
NAYS: Grant.
The President declared the resolution adopted.
Councilman Kleinert introduced the following ordinance:
No.
AN ORDINANCE TO PROVIDE FOR THE INSPECTION AND
REGULATION OF ALL COMMODITIES SOLD BY MEASURE,
WEIGHT OR NUMERICAL COUNT; TO PROVIDE FOR THE
APPOINTMENT OF A SEALER OF WEIGHTS AND MEASURES,
AND TO PROVIDE FOR PENALTY FOR VIOLATIONS OF
SAID ORDINANCE.
THE CITY OF LIVONIA ORDAINS:
Section 1. Short Title. This ordinance shall be known and
may be cited as "The Weights and Measures Ordinance of the City of
Livonia."
Section 2. Definitions. For the purposes of this ordinance,
the following terms, phrases, words and their derivations shall have the
meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural number
include the singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
(a) "City" is the City of Livonia.
(b) "Person" shall mean and include all natural persons, firms,
co-partnerships, corporations and all associations of natural
persons, incorporated or unincorporated, whether acting by
themselves or by a servant, agent, representative, or employee.
All persons who violate any of the provisions of this ordinance
whether as owner or as agent, servant or employee shall, except
as may be herein otherwise provided, be equally liable as
principals.
(c) "Scales," "Weights," "Measures" and/or "Measuring Devices"
shall be construed to mean any device or devices or other com-
puting instrument used commercially in the receipt or disburse-
ment of goods and commodities and/or used to ascertain the
weight, size, quantity, value or dimensions of any liquids, solids,
or other articles.
(d) "Sealer" shall mean the sealer of weights and measures of
the City of Livonia.
Section 3. Establishment of Division of Weights and Measures.
There is hereby created in the Livonia Police Department a Division of Weights
and Measures.
Page 3811
Section 4. The Sealer of Weights and Measures; Appointment;
Duties. The Division of Weights and Measures shall be under the super-
vision of the Sealer of Weights and Measures. The Sealer of Weights and
Measures for the City of Livonia shall be an officer of the Livonia Police
Department designated as such by the appointment authority in charge of the
Police Department. He shall have the power to perform all the duties
pertaining to this office and shall, prior to June 1st of each year and as
often thereafter as may be necessary, try, test and prove all scales,
weights, dry, liquid and linear measures used in the city for the purpose
of buying and selling. All such scales, weights, and measures as shall be
found to conform to the standard kept in his office, shall be stamped with
the words "Livonia Approved" and the date when such inspection was made.
The Sealer shall have the absolute care and custody of the standards used
for testing weights, scales and measures used in the City of Livonia for
buying and selling.
Section 5. Records; Public Examination. The Sealer shall be
provided, at the expense of the city, with a bood or books to be kept in
his office in which he shall register in alphabetical order the name of
each person, firm, company or corporation, whose weights, scales or
measures have been inspected by him, the number and size of same, and what
number of each was approved and condemned with the date of inspection. Such
book or books shall at all reasonable times be open to the inspection and
examination of the public.
Section 6. Equipment. The Sealer shall be provided, at the
expense of the city, a complete set of weights, measures and scales in
conformity with the standard in force in this State, which shall be tried,
proven, sealed and certified by the State Sealer of Weights and Measures
and scales so tried, sealed and certified, shall be kept in the office of
the Sealer, as standard for use in the City of Livonia. The said Sealer
may also procure, at the expense of the City, a seal, stamp, or other
necessary appliance, to be kept in his office for the use of said City.
The standard of weights and measures of commodities as provided in Act
No. 223 of the Public Acts of 1863, as amended, being Section 12.1131
M.S.A. and other pertinent and applicable statutes of this State shall be
the standard used in accordance with the provisions of this ordinance.
Section 7. Custodian of Standards. The Sealer shall have
absolute care and custody of the measuring devices used as standards for
testing as required herein. The devices used as standards shall be in
conformity with the standard in force in this State.
Section 8. Right to Enter for Inspection. The sealer shall
have the right and authority to enter any building, structure or premises,
or to stop any wagon or conveyance in or upon which any measure or measures,
or weighed or measured packages or amounts of commodity are kept or
maintained or carried, without formal warrant, for the purposes herein
specified and in the general performance of his official duties for the
purpose of testing, inspecting, correcting and sealing or condemning such
measure or measures, or re-weighing or re-measuring such packages or amounts
of commodities, either upon his own initiative or at the request of any
citizen, at all reasonable hours, provided that the right and authority
conferred in by this section shall not apply to the entry of a private
Page 3812
residence unless written notice is served on the occupant thereof within a
reasonable length of time prior to the time that the inspection will take
place. Such written notice shall contain a statement of the time that the
inspection will be made and shall also contain a statement of the purpose
of such inspection or investigation.
Section 9. Approval Required. It shall be unlawful for any
person to use, within the City, for the purpose of buying or selling, any
commodity, any weights, measures, scales or other instruments unless and
until the same have been inspected and stamped "Livonia Approved" by the
Sealer.
(a) Repair and Relocation. Any measuring device that has been
repaired, rebuilt or relocated shall have the approval of the
Sealer before being put into operation again.
(b) Household Scales Prohibited. It shall be unlawful to use
in a commercial manner or to have in any business establishment,
or on any conveyance, any scale known as a "household scale."
When such a device is present in a business establishment there
shall be a conclusive presumption that it is being used for
commercial purposes.
Section 10. Exhibiting MeasuringDevices. It shall be unlawful
for any person to refuse at any time to exbit any weights, measures, scales
or other instruments used in weighing or measuring any goods, wares and
merchandise, or any box, rack or measure from which is sold, or offered for
sale, or delivered to the Sealer, when demanded by him, or such person as may
be duly authorized to perform the duties of the office, for the purpose of
having the same inspected.
Section 11. Statement of Weight. Statement of weight shall be in
terms of the avoirdupois pounds and ounces; statement of liquid measure
shall be in terms of the United States gallon of 231 cubic inches, and the
customary subdivisions, i. e., gallons, quarts, pints, or fluid ounces and
shall express the volume of liquid at 60 degrees Fahrenheit; statement of
dry measure shall be in terms of the United States standard bushel of 2150.42
cubic inches and its customary subdivisions, as bushels, pecks, quarts,
pints, or in case of articles in barrels, in terms of the United States
standard barrel and its lawful subdivisions, i. e. , third, half or three-
quarter barrel; statement of count must give accurate information as to the
quantity of the food in the package. Provided, however, that exemption shall
be made for articles weighing one ounce or less.
Section 12. Duty to Weigh. No person shall sell, or attempt to
sell, or deliver or transport or cause to be delivered, sold or transported
to any person within the limits of the City of Livonia any goods, wares,
merchandise, commodity or produce of any kind whatsoever, including ice,
without first having accurately weighed or measured the same or determined
by numerical count the net weight or measure or amount of commodity ordered
or purchased and only such commodities may be sold by numerical count as
cannot well be sold by weight or measure. Provided, that this section shall
not apply to commodities sold, offered or exposed for sale in compliance with
Section 20 of this ordinance, or to commodities in packages prepared and
put up for sale and so marked as to plainly indicate the true net weight or
measure of their contents.
Page 3813
Section 13. False Weight or Measure; Unlawful. It shall be
unlawful for any person, within the limits of the City of Livonia, either
by himself as a vendor, clerk, agent, or servant, in selling or weighing
or measuring any product or commodity or goods and merchandise of any name,
or nature, that is sold or bought by weight or measure, to sell or attempt
to sell, deliver or attempt to deliver, or to make or give or cause to be
given any false weight or measure thereof.
Section 14. Use of Condemned Devices Prohibited. It shall be
unlawful for any person, firm, company or corporation, to buy or sell, or
offer or attempt to buy or sell or deliver, any commodity of any kind or
character in the city, according to any scales, weights or measures, which
have been condemned by the Sealer; and the use of any such "condemned"
scales, weights or measures, is hereby declared unlawful, and for which
unlawful act, the penalty prescribed in this ordinance may be collected
for each day during which there is a violation.
Section 15. Obstructing or Impeding Sealer. It shall be unlawful
for any person or persons to obstruct, or in any manner impede or wilfully
delay the Sealer, or such persons as shall be duly authorized to perform
the duties of the office, in the execution of his duties under this or-
dinance, either by refusing them, or delaying his entrance or admission
into any and all of the places above mentioned. It shall be unlawful for
any person or persons, to refuse or neglect to stop any wagon or conveyance,
whereby the due execution of the acts required by this ordinance shall be
impeded or obstructed.
Section 16. Notice of Use Required. It shall be the duty of any
person, firm, company or corporation, desiring to install or use or change
the location of any scales, weights or measures, for use in buying or selling
commodities in the city, to notify the Sealer of such fact prior to use, in
order to afford such official or such person as shall be duly authorized to
perform the duties of the office, the opportunity to seal and approve the
same. Any scale, weight, weighing or measuring device that has been re-
paired, rebuilt or relocated, must be approved by the inspector of weights
and measures or his assistant, before it is used again.
Section 17. Condition of Measuring Device. Every scale, weight,
weighing device or measuring device, shall be kept clean and in proper
working condition at all times and it shall be the responsibility of the
operator of any scale, weighing device or measuring device, his agent or
employee, if there be an indicator on the scale, to keep such scale or
weighing device properly balanced at zero when same is not in use.
Section 18. Package to be Marked; Manner. It shall be unlawful
to sell or offer for sale, commodities in packaged form unless plainly and
conspicuously marked on the outside of the package in terms of net weight,
net measure or net numerical count at time of sale. Packages put up as
novelties but which contain any food, drink, confectionery or condiment,
whether simple, mixed or compound, must comply with all ordinances re-
gulating weights and measures and the marking and labeling of packaged
goods and any and all other laws applicable.
Section 19. Regulation of the Sale of Eggs. All eggs sold,
offered or exposed for sale, or advertised for sale by a retailer or
wholesaler shall be marked to conform to the following size and net weight
Page 3814
requirements: The term "large" or any term of similar import shall not be
applied to any lot of eggs unless the eggs weigh at the rate of not less
than 24 ounces per dozen, with no eggs below the rate of 23 ounces per
dozen. The term "medium" or any term of similar import shall not be applied
to any lot of eggs unless the eggs weigh at the rate of not less than 21
ounces per dozen, with no eggs below the rate of 20 ounces per dozen. The
term "small" shall be applied to any lot of eggs if the eggs weigh less than
21 ounces per dozen, with no eggs below the rate of 15 ounces per dozen.
All eggs weighing less than 15 ounces per dozen shall be designated at
"peewee." All advertising shall include the correct size designation in
describing eggs and the correct size designation shall also appear on the
exterior of any container, open or closed, in which eggs are offered for
sale to the retailer or the consumer. Provided, however, that the provision
of this section shall not apply to a bona fide producer in selling eggs of
his own production when such sale is made direct to consumer.
Section 20. Regulation of the Sale of Fruit. Vegetables and
other Produce. When fruit, vegetables, berries, or produce of like
character are sold, offered, or exposed for sale anywhere in the City of
Livonia in baskets, boxes, crates, barrels or other receptacles, they
shall be sold, offered, or exposed for sale in uniform sized baskets, boxes,
crates, barrels or other receptacles containing one-half pint, one pint,
one quart, two quarts, three quarts, four quarts, eight quarts, twelve
quarts, sixteen quarts, twenty-four quarts, thirty-two quarts, one and one-
half bushels, two bushels, or in standard sized barrels and subdivisions
thereof established by the Congress of the United States, and said re-
ceptacles shall be evenly and uniformly filled throughout. Provided, that
the standard for so-called Climax Baskets used in the sale and delivery of
grapes and other fruits and vegetables shall be two quarts, four quarts,
twelve quarts and no others, as established by the United States Standard
Container Act, and Act 744 of F.A. of 1917 (12.1161 M.S.A.).
Section 21. Compliance of this Ordinance. It shall be unlawful
for any person, firm or corporation to offer for sale or sell any commodities
in the City of Livonia subject to this ordinance, unless they conform with
the requirements of this ordinance. Whenever, in the discretion of the
Sealer, any person, firm or corporation violates any of the provisions of
this ordinance, said Sealer or his assistants are authorized to issue a
violation ticket.
Section 22. Seizure of non-complying_Measuring Devices; Evidence.
The Sealer and his inspectors or assistants, are authorized to seize for use
as evidence and without formal warrant, any false or unsealed weight,
measure, or weighing or measuring device or package or amounts of commodities
found to be used, retained or offered or exposed for sale or sold in viola-
tion of this ordinance.
Section 23. Misbranding Articles; False Advertising; Prohibited.
It shall be unlawful for any person, firm or corporation by themselves or
their agents or servants, to have in their possession with intent to sell
or offer or expose for sale, or sell, any article which is misbranded or
falsely advertised within the meaning of this ordinance.
(a) An article shall be deemed to be misbranded within the
meaning of this ordinance:
Page 3815
First, if it is an imitation of or is offered for sale
under the name of another article;
Second, if it is labeled, or branded so as to deceive or
mislead the purshaser, or purport to be a foreign product
when not so, or if the contents of the package as originally
put up shall have been removed in whole or in part and
other contents shall have been placed in such package.
Third, if in package form every package, box, bottle, basket
or other container does not bear the true net weight, ex-
cluding the wrapper or container, which shall be stated in
terms of pounds, ounces and grains avoirdupois weight or
the true net measure, which measure, in case of liquids,
shall be in terms of gallons of two hundred and thirty-one
cubic inches or fraction thereof, as quarts, pints and
ounces or the true numerical count, as the case may be,
expressed on the face of the principal label in plain
English words or numerals, so that it can be plainly read.
(b) An article shall be deemed to have been falsely advertised
within the meaning of this ordinance when any person, with intent
to sell or in any way dispose of merchandise directly to the
public, publishes, circulates or places before the public or
causes to be published, circulated or placed before the public in
a newspaper or other publication, or in the form of a notice,
handbill, circular, pamphlet or communication intended for a
large number of persons, an advertisement of any sort regarding
merchandise, which advertisement contains any assertion re-
presentation or statement which is untrue, deceptive or misleading,
or calculated to subject any person to disadvantage or injury
through the publication of deceptive or false statements.
Section 24. Possession of False Measuring Device; Prohibited.
Any person who shall offer or expose for sale, sell or use or retain in his
possession, a false weight or measure or weighing or measuring device or
any weight or measure or weighing or measuring device in the buying or
selling of any commodity or thing or for hire or reward; or who shall
dispose of any condemned weight, measure or weighing or measuring device
contrary to law or remove any tags placed thereon by the Sealer; or any
person who shall sell or offer or expose for sale less than the quantity
he represents, or sell or offer or expose for sale any such commodity in
any manner contrary to law, or any person who shall sell or offer for sale
or have in his possession for the purpose of selling any device or instru-
ment to be used to, or calculated to, falsify any weight or measure, shall
be guilty of a misdemeanor.
Section 25. Peddlers and Hawkers. All peddlers and hawkers using
scales, balances, weights or measures shall take the same to the office of
the Sealer before any use is made thereof, and have the same marked and
adjusted annually, or oftener at the discretion of the Sealer.
Section 26. Removal of Stamp, Tag or Seal I Prohibited. It shall
be unlawful for any person to deface or remove any stamp, tag or seal
placed on a measuring device by the Sealer.
Page 3816
Section 27. Penalty. Any violation of or failure to comply
with the provisions of this ordinance shall be punished by a fine not
to exceed Five Hundred Dollars ($500.00) and costs of prosecution, or
by imprisonment not to exceed 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 28. Repeal. All ordinances or parts of ordinances in
conflict herewith are hereby repealed only to the extent necessary to give
this ordinance full force and effect.
Section 29. Severability. Should any portion of this ordinance
be held invalid for any reason, such holding shall not be construed as
affecting the validity of the remaining portions of this ordinance.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman McCann, seconded by Councilman O'Neill, it was
#110-59 RESOLVED, that the proposed Moving Van Ordinance,
presented
this evening for introduction, is hereby referred back to the Legislative
Committee for further study.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: Salvadore.
The President declared the resolution adopted.
President Grant turned the chair over to Vice-President McCann at 8:55
o'clock p. m..
Councilman Kleinert introduced the following ordinance:
No.
AN ORDINANCE AMENDING SECTION 17.02 OF ARTICLE 17.00
OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING
ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 17.02 of Article 17.00 of Ordinance No. 60,
as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby
amended to read as follows:
Page 3817
Section 17.02 Authority to Approve Uses; Appeal to Council.
Whenever in this ordinance the lawful exercise or existence
of a use requires the approval of the City Planning Commission,
such commission is hereby authorized and directed to investigate
the matter requiring such approval, to conduct a hearing thereon,
to made a determination, to either grant or refuse approval and
to do all things reasonably necessary to the making of such
investigation and determination, subject to the provisions of
Section 17.03 to 17.07, inclusive, of this ordinance.
The applicant for such approval shall have the right to file
an appeal with the Council within ten (10) days from any such
determination of the City Planning Commission, The Council shall
have the power to review the determination of the City Planning
Commission and either concur with or reverse such determination.
The decision of the Council shall be final.
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. If any part or parts of this ordinance are for any
reason held to be invalid, such holding shall not affect the validity of
the remaining portions of this ordinance.
President Grant made a statement opposing the ordinance introduced by
Councilman Kleinert. Councilmen Sasser and Salvadore spoke in favor of the ordinance.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
President Grant resumed the chair at 9:02 o'clock p. m..
The City Clerk, Marie W. Clark, read a letter dated February 16, 1959
from the Zoning Board of Appeals, regarding an amendment to the Zoning Ordinance to
permit a home occupation in an RUF zone.
By Councilman Sasser, seconded by Councilman Salvadore and unanimously
adopted, it was
#111-59 RESOLVED, that the amendment to the Zoning Ordinance suggested
by the Zoning Board of Appeals in the letter dated February 16, 1959,
is hereby referred to the City Planning Commission for appropriate action,
public hearing and report and recommendation to the Council.
The Ordinance entitled "An Ordinance Amending Sections 11, 20 and 22
of the Zoning Map of the City of Livonia, and Amending Article 3.00 of the Zoning
Page 3818
Ordinance, Ordinance No. 60, as Amended, of the City of Livonia by Adding Thereto
Sections 3.190, 3.191 and 3.192," introduced on February 9, 1959 by Councilman
Kleinert, was taken from the table and a roll call vote conducted thereon with the
following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None,
The President declared the ordinance duly adopted and would become effective on date
of publication.
By Councilman Salvadore, seconded by Councilman O'Neill and unanimously
adopted, it was
#112-59 RESOLVED, that the Council having considered the letter of
the Water and Sewer Board dated January 26, 1959, which letter contains
a reply to a previous letter received by the City from fourteen citizens,
dated November 18, 1958, in regard to Ordinance No. 224 of the City of
Livonia (Sewage Disposal Ordinance), the Council does hereby concur with
the recommendations and remarks contained in said letter from the Water
and Sewer Board, and further, the Council does hereby request the City
Clerk to transmit to each of the aforementioned citizens a copy of the
Water and Sewer Board letter.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#113-59 RESOLVED that,
WHEREAS, pursuant to the direction of the Council, by resolution
No. 22-59 adopted on January 12, 1959, the City Assessor of said City of
Livonia, has prepared and reported to the Council the assessment roll
covering and containing the Special Assessment assessed and levied,
respectively, in proposed Special Assessment District No. 11, as heretofore
established for the construction of proposed paving in said district as
designated in said resolution heretofore adopted by the Council;
THEREFORE, BE IT RESOLVED, that the said roll be accepted by the
City Council and that it be filed in the office of the City Clerk for
public examination and that the City Clerk be and hereby is directed to
give notice pursuant to the provisions of Ordinance No. 31, of the City,
as amended, 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, 33001 Five Mile Road, Livonia,
Michigan, at 8:30 o'clock p. m. on Monday, March 23, 1959, to review the
said Special Assessment Roll, at which time and place opportunity will be
given to all persons interested to be heard;
IT IS FURTHER RESOLVED, that the City Clerk give notice of said
hearing, by causing a copy of this resolution to be published once in a
newspaper published and circulated in said City, at least ten (10) days
Page 3819
prior to the date of March 23, 1959, and that the City Clerk also give
notice of said hearing by sending written notice thereof to each property
owner subject to special assessment by reason of said improvements; the
addresses of said property owners to be taken from the latest tax assess-
ment roll in the City Assessor's office.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman Bagnall, it was
#114-59 RESOLVED, that having considered the request of the Police
Chief and the Director of Public Safety dated February 9, 1959, the
Council does hereby transfer from the Unappropriated Surplus to
Police Department Budget Account No. 47 the sum of $700.00, the pur-
pose of this appropriation being to cover the cost of sending a
representative of the Livonia Police Department to the March session
of the Federal Bureau of Investigation National Police Academy.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Ileinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman McCann, it was
#115-59 RESOLVED, that pursuant to the report and recommendation of
the Chief City Engineer dated February 13, 1959, the Council does
hereby amend Item No. 3 of Council Resolution No. 300-58 adopted
May 12, 1958, so as to establish a bond in the amount of $15,000.00
to cover clean-up of paving, street signs, and construction of side-
walks in Schulgren Subdivision, Unit No. 1, and the City Clerk is
herein 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: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#116-59 RESOLVED that, Gordon-Begin Investment Company, of 18450 James
Couzens Highway, Detroit 35, Michigan, as proprietors, having requested
the City Council to approve the proposed plat of the following subdivision:
Belle-Mar Subdivision, located in the Southeast 1/4 of Section 23, City
of Livonia, Michigan, and it appearing that tentative approval of said
proposed plat was given by the City Planning Commission under date of
July 10, 1956 and reaffirmed on August 19, 1958; and it further appearing
Page 3820
that said proposed plat, together with the plans and specifications for
improvements therein, have been approved by the Department of Public Works
under date of January 16, 1959; the City Council does hereby approve said
proposed plat on the following conditions :
(11 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 resulations 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 here 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 ap-
proved by the City Attorney, and in the following amount: Ninety-three
Thousand ($93,000.00) Dollars, and until all inspection fees and other
charges due to the City of Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans
of all improvements installed in the subdivision, on cloth reproducible
material;
(5) On full compliance with the above conditions and with the pro-
vision 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: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Salvadore, it was
#117-59 RESOLVED that, Carey Homes, Inc., of 14040 Fenkell Avenue,
Detroit 38, Michigan, as proprietors, having requested the City Council to
approve the proposed plat of the following Subdivision: Bretton Gardens
Subdivision, located in the Southeast 1/4 of Section 2, City of Livonia,
Michigan, and it appearing that tentative approval of said proposed plat
was given by the City Planning Commission under date of October 28, 1958;
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 date of February 16, 1959, the City Council
does hereby approve said proposed plat on the following conditions:
(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;
Page 3821
(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 in-
stalled 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 amount: Five
Thousand ($5,000.00) Dollars, and until all inspection fees and other
charges due to the City of Livonia have been fully paid;
(4) That the proprietor submit to the City Engineer as-built plans of
all improvements installed in the subdivision, on cloth reproducible
material;
(5) 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: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#118-59 RESOLVED, that pursuant to the report and recommendation of the
City Planning Commission dated February 5, 1959, in regard to Petition
No. Z-338 of Thomas Sinacola, et al., requestin a change of zoning in
the Northeast 1/4 of Section 2 from RUF-B to R -A, the Council does
herein concur with said recommendation and Petition No. Z-338 is hereby
approved, and the Department of Law is herein instructed to prepare an
ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman Salvadore, seconded by Councilman Kleinert and unanimously
adopted, it was
#119-59 RESOLVED, that pursuant to the report and recommendation of the
City Planning Commission dated February 5, 1959, in regard to Petition
No. Z-340 of Joseph Galli requesting a change of zoning in the Northwest
1/4 of Section 4 from AG-B to RUF-A, the Council does herein concur with
said recommendation and Petition No. Z-340 is hereby approved, and the
Department of Law is herein instructed to prepare an ordinance amending
Ordinance No. 60 in accordance with this resolution.
Page 3822
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#120-59 RESOLVED, that pursuant to the report and recommendation of
the City Planning Commission dated February 5, 1959, in regard to
Petition No. Z-341 of Alfred and Jean Wonnacott requesting a change of
zoning in the Northwest 1/4 of Section 12 from RUF-B to R-1-A, the
Council does herein concur with said recommendation and Petition No. Z-341
is hereby approved, and the Department of Law is herein instructed to
prepare an ordinance amending Ordinance No. 60 in accordance with this
resolution.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#121-59 RESOLVED, that pursuant to the report and recommendation of
the City Planning Commission dated February 5, 1959, in regard to
Petition No. Z-342 of Carey Homes, Inc., requesting a change of zoning
in the Northwest 1/4 of Section 23 from RUF-B to R-1-A, the Council does
herein concur with said recommendation and Petition No. Z-342 is hereby
approved, and the Department of Law is herein instructed to prepare an
ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
Lis adopted, it was
#122-59 RESOLVED, that pursuant to the report and recommendation of
the City Planning Commission dated February 5, 1959, in regard to
Petition No. Z-343 of Carey Homes, Inc., requesting a change of zoning
in the Southwest 1/4 of Section 13 from RUF-B to R-1-A, The Council does
herein concur with said recommendation and Petition No. Z-343 is hereby
approved, and the Department of Law is herein instructed to prepare an
ordinance amending Ordinance No. 60 in accordance with this resolution.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#123-59 RESOLVED, that having considered the request of Mr. Stephen F.
Slavik, Rouge Building Company, 20063 James Couzens Highway, Detroit 35,
Michigan, for the recovery of certain monies expended for constructing a
water line in Burton Hollow Estates Subdivision, and having also considered
the recommendation of the Water and Sewer Board dated January 8, 1959,
the Council does hereby deny such request in accordance with its previously
stated policy.
By Councilman Sasser, seconded by Councilman Salvadore, it was
#124-59 RESOLVED, that having considered the recommendation of the Chief
City Engineer dated February 2, 1959, the Council does herein authorize
and approve the granting of a 120 calendar day extension to the Northeast
Page 3823
Construction Company, Inc. for the construction of the Five Mile Sanitary
Sewer Extension, and does also authorize the Chief City Engineer to affix
his signature to a form entitled "EXTENSION OF TIME TO COMPLETE CONTRACT",
providing that such form is not inconsistent with the terms of this resolu-
tion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Bagnall, it was
#125-59 RESOLVED, that the Council having adopted resolution No. 281-50
on May 5, 1958, and resolution No. 780-58 on December 15, 1958, requiring
the City Engineer to ascertain the assessed valuation of all property
affected by the proposed construction of certain sidewalk improvements in
Rosedale Gardens Subdivision, the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and to prepare or cause to be prepared,
plans and specifications therefor and an estimate for the cost thereof,
and to file the same with the City Clerk, together with his recommendation
as to what part, if any, should be a general obligation of the City, the
number of installments in which assessments may be paid and the lands which
should be included in the proposed special assessment district; and it
appearing to the Council that all of such information, estimate, plans and
specifications and recommendations have been properly filed by the City
Engineer with the City Clerk under date of February 16, 1959, and that there
has been a full compliance with all of the provisions of Section 6 of
Ordinance No. 31, as amended, entitled "An Ordinance to Provide for the
Making of Public Improvements, Defraying the Expense thereof by Special
Assessment and a Special Assessment Procedure", the Council does hereby
set Monday, March 23, 1959, at 9:30 o'clock p. m. as the date and time
of a Public Hearing on such proposed improvement, which Public Hearing
shall be held before the Council in the City Hall, 33001 Five Mile Road,
Livonia, Michigan, pursuant to Sections 8 and 9 of said Ordinance No. 31,
as amended; and the City Clerk is hereby directed to give notice and
publication of such hearing as is required by Section 7 of said Ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman McCann, it was
#126-59 RESOLVED, that the Council having adopted resolution No. 732-58
on November 17, 1958, requiring the City Engineer to ascertain the
assessed valuation of all property affected by the proposed construction
of certain road improvements on Jamison Avenue from Garden to Middlebelt
in Section 24, the number of parcels which show tax delinquencies, the
number of parcels owned by public authorities, the number of parcels which
Page 3824
are vacant, and to prepare or cause to be prepared, plans and specifications
therefor and an estimate for the cost thereof, and to file the same with the
City Clerk, together with his recommendation as to what part, if any, should
be a general obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in the
proposed special assessment district; and it appearing to the Council that
all of such information, estimate, plans and specifications and recommenda-
tions have been properly filed by the City Engineer with the City Clerk
under date of February 12, 1959, and that there has been a full compliance
with all of the provisions of Section 6 of Ordinance No. 31, as amended,
entitled "An Ordinance to Provide for the Making of Public Improvements,
Defraying the Expense Thereof by Special Assessment and a Special Assess-
ment Procedure", the Council does hereby set Monday, March 23, 1959 at
9:00 o'clock p. m. as the date and time of a Public Hearing on such pro-
posed improvement, which Public Hearing shall be held before the Council
in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to
Sections 8 and 9 of said Ordinance No. 31, as amended; and the City Clerk
is hereby directed to give notice and publication of such hearing as is
required by Section 7 of said Ordinance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
The report of the Municipal Court for the month of January, 1959 was
received and placed on file.
The City Clerk, Marie W. Clark, read letter dated December 26, 1958 from
the Michigan Liquor Control Commission requesting Council approval of the transfer of
ownership of the 1958 SDM License with Living Quarters Permit from Bernard R. and
Ruth E. Ascherl, 28251 Five Mile Road, Livonia, Michigan, to Evelyn Figley, and also
the recommendation of the Police Department dated February 19, 1959.
By Councilman Sasser, seconded by Councilman Kleinert, it was
#127-59 RESOLVED that, having considered the recommendation of the Livonia
Police Department dated February 19, 1959, and the letter from the Michigan
Liquor Control Commission dated December 26, 1958, the Council does hereby
approve the request of Evelyn Figlcy for transfer of ownership of the 1958
SDM License from Bernard R. and Ruth E. Ascherl, at 28251 Five Mile Road,
Livonia, Michigan, with the exception of the Living Quarters Permit, which
is denied in accordance with the Police Department recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant.
NAYS: None.
Page 3825
By Councilman Sasser, seconded by Councilman Kleinert, it was
#128-59 RESOLVED, that the Council meetings to be held in the month of
March are to be held at 8:30 o'clock p, m. on March 9th and March 30, 1959.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: McCann and Salvadore.
The President declared the resolution adopted.
On motion of Councilman Kleinert, seconded by Councilman O'Neill and
unanimously adopted, this 271st regular meeting of the Council of the City of Livonia
was duly adjourned at 9:35 o'clock p. m., February 23, 1959.
Marie W. Clark, City Clerk