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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-01-27 Page 3241 MINUTES OF THE NJ HUNDRED THIRTY-THIRD REG!LAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 27, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:15 P. M., by the President of the Council. Councilman Ventura delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Sydney B. Bagnall„ Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T. Daugherty, Absent-- Frank OINeill, By Councilman Bagnall, seconded by Councilman Kleinert, it was #50-58 RESOLVED that, the minutes of the 232nd regular meeting of the Council of the City of Livonia held January 13, 1958, are hereby approved as sUbmitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Daugherty, it was #51-58 RESOLVED that, pursuant to the recommendations of the Mayor dated January 23, 1958, and the report of the Budget Director dated January 15, 1958, the Council does herein concur with the recommendations of the Civil Service Commission dated December 16, 1957, and hereby approves of the creation of the position of First Assistant City Attorney in the classified Civil Service; and the Council further approves of the salary rate of $7,500.00 per annum for the position of First Assistant City Attorney ari $7,200.00 per annum for the present position of Assistant City Attorney, such salary rates to become effective on February 15, 1958. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: Jones, The President declared the resolution adopted. By Councilman Jones, seconded by Councilman Bagnall„ it was #52-58 RESOLVED that, in accordance with the report and recommendation of the Mayor dated January 23, 1958, the Council does herein fix the salary of the City Attorney in the amount of $8,100.00 per annum, payable Page 3242 monthly, effective February 1, 1958. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #53-58 RESOLVED that, having considered the letter from the Michigan State Office of Hospital Survey and Construction dated January 21, 1958, wherein they request assurance that adequate sanitary sewer facilities will be provided for the proposed St. Mary Hospital, their Project # Michigan 86, before July 1, 1959, and having studied and considered the Mayor's letter dated January 2�, 1958, in conne ction with this matter, wherein he sets forth the desperate need of this community for hospital facilities, indicates that the requested improvement might be financed from present surplus bond reveuues, which bond revenues appear to b e more than adequate to cover the cost of such project, and recommends immediate favorable action by the Ccuncil, the Council therefore does herein assure the above named agency that sanitary sewer facilities will be extended to the proposed St. Mary Hospital and will be financed as indicated above; provided that the above stated use of such funds is approved of by the Wayne County Road Ccmmi ssi on and bonding counsel; and further ;,hat the Council will immediately attempt to secure such approvals in order that the City may submit to the above state agency, as soon as is reasonably possible, its final assurance that the necessary sanitary sewer line will be constructed by July 1, 1959; and further that the City Clerk is herein requested to immediately transmit a copy of this resolution to J. R. Homm.inga, Deputy Director of the Michigan State Office of Hospital Survey and Construction, 402 Bauch Building, 115 W. Allegan Street, Lansing 23, Michigan. By Councilman Ventura, seconded by Councilman Daugherty and unanimously adopted, it was #54-58 RESOLVED that, the Council of the City of Livonia having been requested by the I`fi chigan State Office of Hospital Survey arra. Construction to provide adequate sanitary sewer facilities to service the area adjacent to Levan Road and Five Mile Road in the City of Livonia, and the Council believing that this extension is urgently needed in the public interest, and the Council further believing that the extension of the sanitary sewer on Five Mile Road from Farmington Road to Levan Road should properly have been included in the contract referred to hereinafter in the first instance, does herein request that the Board of Wayne County Road Commissioners: (1) Add the above described project to the contract dated March 21, 1955, and supplemented by a contract dated August 24, 1955, by and between said B oar d and the City providing for the construction of additional major facilities; Page 3243 (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 presenta- tion by the City to the Board of duly certified invoices; and further that the City of Livonia hereby offers to accept responsibility for the construction, inspection and supervision and final acceptance of the proposed Five Mile sanitary sewer extension; and further that the Department of Law is herein directed to immediately contact the legal firm of Miller, Canfield, Paddock a:¢. Stone to secure their assurance that such project may properly be financed from the surplus revenues of the present sewer bond issue and their assurance that such project may be validly added to the existing contract referred to above; and the City Clerk is herein requested to immediately transmit copies of this resolution to S. A. Noetzel, Secretary of the Board of Wayne County Road Commissioners, to the legal firm of Miller, Canfield, Paddock and Stone and to A. T. Kunze, Chief Sanitary Engineer for the Wayne County Road Commission. The Clerk read a letter dated January 27, 1958 from the office of the City Attorney regarding the Bell Creek Farms Association vs City of Livonia and Rouge Building Company court case, which was received and placed on file. The Clerk read a letter dated January 27, 1956 from the City Attorney regarding the Spanich Case. By Councilman Daugherty, seconded by Councilman Bagnall, it was #55-58 RESOLVED that, having received and considered the report of the City Attorney dated January 27, 1958, relative to the John I. Spanich, vs City of Livonia, Circuit Court No. 557-376 case, that this Council does hereby set forth concurrence with the recommendations contained therein and that said Circuit Court decision be appealed by the City of Livonia to the Supreme Court. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert and Grant. NAYS: Jones. The President declared the resolution adopted. The hour of 8:30 P. M., having arrived, Marie W. Clark, City Clerk, opened and read the following bids: Page 3244 MOTOR GRADER - DPW 1. R. G. Moeller Company $23,729.84 Trade-in Allowance 4,545.00 2. Cyril J. Burke, Inc. $24,239.00 Trade-ih Allowance 4,849.00 3. Michigan Tractor & Machinery Co. $21,236.00 Trade-in Allowance 1,250.00 4. Miller Equipment Company $20,678.00 Trade-in Allowance 3,000.00 5. Wolverine Tractor & Equipment Co. $ 21,137.00 Trade-in Allowance 3,750.00 6. Telford Equipment Company $20,595.00 Trade-in Allowance 600.00 BACK HOE - DPW 1. Anderson Construction Equipment, Inc. $ 8,600.00 2. Miller Equipment Company 6,705.80 3. Wolverine Tractor & Equipment Co. 12,000.00 4. Hopto Digger Sales & Service 7,730.95 5. Marens Fqder Equipment Co. 8,,392.00 UNDER BODY SCRAPER - DPW 1. ShmIts Equipment Sales $ 2,450.00 2. R. G. Moeller Company 2,004.50 By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #56-58 RESOLVED that, the fore g oing bids for Motor Grader, Back Hoe and Under Body Scraper be referred to the Department of Public Works for report and recommendation and detailed summary of all bids. Councilman Kleinert presented a report from the Council-School Board Com- mittee, which was received and placed on file. By Councilman Bagnall, seconded by Councilman Kleinert, it was resolved that WHEREAS, the Council having considered the request from the Redford Printing Company contained in a letter dated December 11, 1957, for an additional charge in connection with their recent printing of 1,000 copies of the Zoning Ordinance, Ordinance No. 60, Page 321i5 AND t J ESS, it is the opinion of the City Attorney that the IL. Redford Printing Company „ed sufficient notice that proof-reading would be required inasmuch as the purchase order stated specifically on the face of such purchase order that the "proof copy is to be submitted for approval of the Livonia Department of Law", IT IS HEREBY RESOLVED that, the request for such additional payment is denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bagnall and Kleinert. NAYS: Daugherty, Jones and Grant. The President declared the resolution denied. By Councilman Daugherty, seconded by Councilman Jones, it was RESOLVED that, the Council has considered the request from the Redford Printing Company contained in a letter dated December 11, 1957, for an additional charge in connection with their recent printing of 1,000 copies of the Zoning Ordinance, Ordinance No. 60, and while not completely satisfied with the validity of such claim, the Council does hereby transfer from the Unappropriated Surplus to Account No. L-8-T (publishing code books for the Legislative Budget) $72.00 in order to conclude the matter and for the purpose of paying such additional charge. A roll call vote was taken on the foregoing resnluticn with the following result: AYES: Daugherty, Jones and Grant. NAYS: Ventura, Bagnall and Kleinert. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Bagnall, it was #57-58 RESOLVED that, pursuant to the request of the Department of Law dated January 13, 1958, in regard to incidental expenses arising from the acquisition of easements for the Joy Road Relief Line, the Council does herein approve of such additional charges, namely e 10..00 for title search, $100.00 each to Mr. Charles 4. Allen, Realtor and Mrs. Carson W. Johnston, Realtor, and does herein direc+ the City Clerk to forward such statements to the Wayne County Road Commissioners with the request that they be paid from that portion of the surplus revenues of the present sanitary sewer bond issue which we-e allocated to cover the cost of the construction of the Joy Road Relief Line Extension, together with a copy of this resolution. A roll call vote was taken on the foregoing resolution with the following r:;s;zlt: AYES: Venture, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. Page 3246 By Councilman 3a mall, s ecended by Councilman Kleinert, it was #58-58 RESOLVED that, the Council Laving considered the request of the proprietors of the proposed Meri-I4ynn Farms and Bei-Lynn Park Subdivisions in regard to constructing .3torm sewer reservoirs to retain storm sewer water in the vicinity of such proposed subdivisions, the Council does herein approve, in principle, of the use of such reservoirs; provided, however, r4 the approval of particular reservoirs shall be granted only after the City Engineer has approved of the detailed plans and specifica- tions for such installations and has made h:i s recommendations in regard to maintenance, adequate fencing and any other items that he may consider of importance. Councilman Ventura was excused at 8:53 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert and Grant. NAYS: Daugherty and Jones. The President declared the resrlution adopted. Councilman Ventura returned at 8:59 P. M. By Councilman Daugherty, seconded by Councilman Ventura, it was #59-58 R flOU'L'D that, puns 2ant to the report and recommendation of the Assistant City '=.nginoer and Director of Public Work dated January 21, 1958, and with the verba 1 assurance of Director of Public 'Works David Meinzinger that no outstandie6 Lumpla _nts exist relative to this construction, the Council doe's herein release to the A. J. Smith Contracting Compa y, 308L45 W. Eight Mile Road, Livonia, the balance of $1,305.07 due on a contract between the City of Livonia and that company for the installation of curbs and gutters and the widening of Henry Ruff Road, such contract having been authorized by Council resolution #778-57 and dated October 15, 1957, and the City Clerk and City Treasurer are hereby authorized to do all things neces- sary for the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Jones, seconded by Councilman Bagnall, it was #60-58 RESOLVED that, the Council having reconsidered the bids sub- mitted for Road Maintenance Materials and the report of the Department of Public Works dated January 10 1958, in connection therewith, does herein amend Council resolution #L.2-58 adopted on January 13, 1958, so as to delete any reference to the Telischak Trucking Company, and does herein accept the bid of the Hayes Washed Sand and Gravel Company to supply all of the mate!ials named in such report, it appearing after Page 321;7 closer examination that the bid of such company was, in fact, the lowest bid received; and the City Clerk is instructed to immediately transmit a copy of this resolution to the Tel i.schak Trucking Company. A roll call vole was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #61-58 RESOLVED that, pursuant ;,o the recommendations of the Mayor dated January 20, 1958, the Council does herein refer to the Planning Commission the letter from the Department of Law dated January 7, 1958, setting forth certain proposals for altering existing set back requirements on Schoolcraft Road, with the instruction that a public hearing be immediately conducted on Proposal No. 3 as set forth in that communication, and that after such public hearing their recommendation in regard thereto be immediately transmitted to the Council. By Councilman Ventura/seconded by Councilman Bagnall and unanimously adopted, it was #62-58 RESOLVED that, the report .,nd recommendation of the City Planning Commission dated January 10, 1958, as to Petition No. V-26 of Robert W. Day, et al, for the vacating of an alley west of Fremont between Dover and the alleys north of Joy Road in the Southeast 1/L of Sectioh 35, is hereby approved and such petition is granted, subject to an 18 foot easement for public util_.ties and surface drainage; and the City Attorney is instructed to prepare a vacating ordinance in conformity with this resolution. By Councilman Daugherty, seconded by Councilman Jones and unanimously adopted, it was resolved that #63-58 'WHEREAS, many Livonia citizens are presently unemployed due to unstable economic conditions, and WPEREAS, the ecoreni c welfare of our City is of grave concern to all Livonia governmental officials, and WIEREAS, the elected representatives of industrial workers and businessmen of our City have requested our elected officials to assist in. doing all things possible to alleviate this unstable economic condition, NOW, THEREFORE, 9E IT RESOLVED that, the Michigan Employment Security Commission be requested to establish a field office in the City of Livonia one or two days per week to eliminate unnecessary expense to unemployed residents of Livonia who are required to report each week to said office; and that State Representative Sterling Eaton, State Senator John Svainson, Congressman Martha Griffiths and Senator McNamara and all Page 3218 all other members of State Legislature and National Congress be urged to take all possible measures to declare the Wayne County area as a cli Tical area for obtaining of defense work and public works projects, and that all possible legislation be considered and acted on that would help to insure economic security for all citizens of our County. President Grant read communications from Weld S. Maybee and Raymond F. Garrett and the Felician Sisters relative to PetiLion No. Z-241. By Councilman Bagnall, seconded by Councilman Daugherty, it was #64-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated January 15, 1958, as to Petition No. Z-2111 of Weld S. Meybee and Raymond F. Garrett for change of zoning classifi- cation in the "orthwest 1/It of Section 29 from M-2 and RUFB to C-2, Petition No. Z-2111 is approved and granted; and the City Attorney is hereby instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Bagnall, Jones and Grant. NAYS: Ventura and Kleinert. The President declared the resolution adopted. Councilman Bagnall introduced the following Ordinance: NO. AN ORDINANCE A/ENDING SECTION 10.02 OF ARTICLE 10.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA. THE CITY OF LIVONIA ORDAINS: Section 1. Subsection (c) of Section 10.02 of Article 10.00 of Ordinance No. 60, entitled "Zoning Ordinance of the City of Livonia" is hereby amended to read as follows: Section 10.02. Uses Permitted. In all C-1 Districts no build- ing or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following uses: (a) All uses permitted in an R-2 District. (b) Retail stores, business and professiona1 offices, public utility buildings, newspaper distributing stations and restaurants. (c) Open air sales, upon a certificate of approval by the City Planning commission; for food sales, upon a certificate of Page 3219 approval by the City Health Department and the City Planning Commission, where such sale will not interfere with sidewalk or street traffic. However, this shall not permit the operation of material yards, including new and used lumber sales or used machinery or used auto parts. Notwithstanding the above, the sale of Christmas trees shall be permitted upon the approval of the Police Department that there is suitable and safe ingress and egress to the premises used fm such purposes and upon the ap- proval of the Fire Department that all fire rules and regulations of such department have been complied with and upon approval of the Bureau of Inspection that such use is made in compliance with this ordinance and the rules and regulations of the bureau. (d) Shops producing merchandise to be sold at retail on the premises, provided that the services of not more than five (5) persons are required to produce Bach merchandise. (e) Personal service shops such as barber shops, beauty parlors, shoe repair shops, laundry pickup shops, dry-cleaning pickup shops, and any similar service or use, provided any such shop or parlor shall not employ more than five (5) persons. (f) A gasoline and oil service station, when approved by the City Planning Commission. (g) Accessory buildings and uses customarily incidental to any of the above permitted uses. A storage garage for the storage of commercial vehicles used by a business or other permitted activity, when located on the same lot therewith and occupying not more than twenty-five (25) percent of the area of such lot shall be considered a legal accessory b uilding and use in C-1 Districts. A sign or other advertising display of a size not ex- ceeding one (1) square foot for each foot of the front lot line included in the premises, when pertaining to the sale, rental or use of the premises on which the sign is located, or to goods or activities conducted therein, or when servinr primarily as a directional sign or legal notice shall be considered a legal accessory use in C-i Districts. The sign may be attached to the building or may be free standing, but in any case the building or post to which the sign is attached shall be on or back of the building line and the sign shall not project more than fifteen (15) inches beyond the building line. No sign or portion of a sign shall project into a public alley. Signs larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning C ommis si on; provided, however, that such approval shall be given only on condition that the sign will be properly maintained, will not become unsightly and will not become a menace to the public health, safety and welfare. Section 2. All Ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full farce and. effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this ordinance. Page 3250 The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council . By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #65-58 RESOLVED that, pursuant to the request of the Traffic Commission dated January 16, 1958, the Council of the City of Livonia herein requests the Wayne County Road Commission to make a traffic survey and investigation at the intersection of Five Dile Road and Inkster Road in the City of Livonia in order to determine whether or not such intersection requires a traffic signal light to provide for the traffic safety at that location; and further the City Clerk is herein requested to immediately transmit a copy of this resolution to the Wayne County Rosa Commission. By Councilr:.an Ventura, seconded by Councilman Jones, it etas #66-58 RESOLVED that, pursuant to aye request of the Traffic Commission dated January 13, 1958, and approved by the Mayor, the Council does hereby transfer from the Unappropriated Surplus to the Special Traffic Signal Account of the Budget, the sum of $375.00 to cover the City's share of the cost of ehe traffic signal light installation at the intersection of Plymouth and Newburgh Roads; and further that the City Clerk is herein requested to immediately transmit a copy of this resolution to Mr. J. wehmeyer, Engineer of Traffic and Safety, Wayne County Road Commissioners, 7th Floor, City- County Building, Detroit 26, in order that they may include this installa- tion in their 1958 traffic program. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Bagnall, seconded by Councillan Kleinert, it was #67-58 RESOLVED that, having considered the report and recommendation of the Assistant City Engineer and Director of Public Works dated January 23, 1958, and the communication from Edwin M. Orr, Consulting Engineer, dated January 22, 1958, the Council does hereby amend Item No. 3 of Council resolution #658-57 adopted on August 26, 1957, and Council resolution #784-57 adopted on October 7, 1757, so as to hereby establish a bond for improve- ments in Coventry Woods Subdivision in the amount of $3,000.00 to cover those clean up items referred to in the above mentioned communications. A roll call vote was taken on t: foregoing resoluticn with the following result: AYES: Ventura, Daugherty, Bagnall, Kleinert, Jones and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, it was Page 3251 #68-58 RESOLVED that, pursuant to the report and recommendation of the Assistant City Engineer and Director of Public works dated January 23, 1958, and the communication from Edwin M. Orr, Consulting Engineer, dated January 22, 1958, the Council does hereby amend Item No. 3 of Council resolution #667-56 adopted on October 15, 1956, and Council resolution #48-58 adopted on January 13, 1958, so as to establish a bond in the amount of $13,000.00 to cover the remaining improvements in Algonquin Park Subdivision as listed in the communications referred to above. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bagnall, Kleinert and Grant. NAYS: Daugherty and Jones. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, it was #69-58 RESOLvED that, the acceptance of the 1956 Water Main Extension and final release of James M. Clark Contract be tabled to the next regular meeting of the L ouncil for further discussion. By Councilman Ventura, seconded by Councilman Bagnall, it was #70-58 RESOLVED that, the City Engineer having filed with the City Clerk a statement dated Noveniber 1, 1957, on all matters required by Section 6 of Ordinance No. 31, as amended, and a public hearing having been held thereon on December 5, 1957, after due notice as required by said Ordinance, and careful consideration having been given to all such matters, the Council does hereby 1. Accept and approve said statement in all respects; 2. Determine to make the improvement consisting of road drainage improvements on Mayfield Avai ue from Six Mile Road to Curtis in the City of Livonia and to defray the cost of such improvements 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 improvement as set forth in said statement dated November 1, 1957; 4. Determine that the estimated cost of such improvement is $20,964.75; 5. Determine that the cost of said improvement shall be paid for in part by special assessments on the property b enefited thereby and in part by the City at large, in proportions hereafter established; 6. That the proportion of the cost and expense of said improve- Page 3252 ment to be borne and paid by the City shall be $ none and that the cost and expense of said public improvement amounting to $20,964.75 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in. proportion to the benefits to be derived therefrom; 7, Determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six (6%) per cent per annum on unpaid balance; 8. Designate the assessment district, describing the land and premises upon which special assessment shall be levied as follows: Beginning at a point on the centerline of Six Mile Road said point being the intersection of the centerline of Six Mile Road and the West property line of Lot No. 4 Green Brier Estates Sub- division extended, thence North 330.0 feet along the West property line of Lot No. 4 to a point, said point being on the Jouth property line of Lot No. 104, thence West along the South property line of Lot No. 104, a distance of 228.12 feet to a point, said point being on the West Subdivision line of the Green Brier Estates Subdivision, thence North along the West Subdivision line, a distance of 2308.04 f feet to a point, said point being the intersection of the West subdivision line and the centerline of Curtis Avenue, thence, East along the centerline of Curtis Avenue, said centerline being the East West 1/4 line of Section 10, a distance of 667.72 feet to a point, said point being the intersection of the centerline of Curtis Avenue, and tie East property line of Lot No. 82 extended, thence South along the East property line of Lots 82-61 a distance of 2309,0 feet to a point, said point being on the South property line of Lot No. 61, thence West along the outh property line of Lot No. 61 a distance of 225.0 feet to a point, said point being on the East property line of Lot No. 5, thence South along the East property line of Lot No. 5 a distance of 330.0 feet to a point, said point being the intersection of the centerline of Six Nile Road and the East property line of Lot No. 5, extended, thence West along the centerline of Six Dile Road, said centerline being the South line of Section 10 a distance of 210.0 feet to the point of beginning. 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 he Council and to assess to each such lot or parcel of land, such relative portions of the whole sum to be levied against all lands in the special assessment district as the benefits to such lot or parcel of land bears to the total benefits to all lands in such district, and 10. And 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. Page 3253 A roll call vote was taken on the foregoing resolution with the fol owing resalt: AYES: Ventura, Daugherty, Bagnall, Jones ar_d Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Daugherty, seconded by Cbuncilman Ventura, it was #71-58 RESOLVED that, tr e City Engineer having filed with the City Clerk a statement dated November 1, 1957, on all matters required by Section 6 of Ordinance No. 31, as amended, and a public hearing havirg been held thereon on December 5, 1957, after due notice as required by said Ordinance, and careful consideration ha ri ng been given to all such matters, the Council does hereby 1. Accept and approve said statement in all respects; 2. Determine to make the improvement consisting of road drainage improvements on Fairfield Avenue from Six Mile Road to Curtis in the City of Livonia and to defray the cost of such improvement by special assessment upon the property especially benefited in pro- portion to the benefits received or to be derived; 3. Approve the plans and specifications of the improvement as set forth in said statemez t dated 14ovenb er 1, 1957; 4. Determine that the estimated cost of such improvement is x$20,252.90; 5. Determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter establis h.ed; 6. That the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be S none and that the balance of the said cost and expense of said public im- provement amounting to $20,252.90 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; 7. Determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six (6%) per cent per an gum on unpaid balance; 8. Designate the xseesment district, describing the land and premises upon which special assessment shall be levied as follows: Beginning at a point on the centerline of Six Mile Road, said point being the intersection of the centerline of Six Mile Road and the ,Nest property line of Lot No. 12 Green Brier Estates Sub- division extended, thence North along the /Test property line of Page 325 . Lot No. 12 a distance of 330.0 feet to o point, said point being on the South ,iropertJ line of Lot 60, thence ,'Jest along the South property line of Lot No. 60, a distance of 225.0 feet to a point, said point being un the West property line of Lot No. 60, thence North along the est property line of Lots 60-39, a distance of 2309.0 feet to a point, said point being the intersection of the centerline of Curtis Avenue, and West prcperty line of Lot No. 39 ex tended, thence East alone the centerline of Curtis Avenue, said centerline he ng the East West 1//1 line of Section 10, a distance of 660.0 feet to a point, Said point beim ore intersection of t __ centerlines of Curtis and Hibbard Roads, thence South along the centerline of Hubbard Road, said centerline being the North South 1/4 line of Section 10, a distance of 2306.52 feet to a point, said point being the intersection of the centerline of Hubbard Road, and the South property line of Lot No. 17 extended, thence West along the South property of Lot No. 17, a distance of 235.0 feet to a point, said point being on the East property line of Lot No. 13, thence South along the East property line of Lot Hr. 13, a distance of 3'0.0 feet to a point, said point aeing the intersection of the centerline of Six Mile Road the East property line of Lot No. 13 extended, thence West along the centerline of Six Mile Food, said centerline being the South line of oectlon 10, a distance of 200.00 feet to the point of beginning. 9. That Lhe City ?ssessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above, iistiict designated ow the Council and to assess to each such lot or parcel of land, such relative portions of the whole sum to be levied against all lands in the special assessment district as the benefits to such lot or parcel of land bears to the total benefits to all lands in such district, and 10. And that upon the completicr 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 foregoir, resolution with the following result: AYES: Ventura, Daugherty-, Bagnall, Jones and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #72-58 RESOLVED that, the Co incil suspend the rules of procedure to take care of a matter not on the agenda. By Councilman Bagnall, seconded oy Councilman Jones and unanimously Page 3255 adopted, it was #73-58 RESOLVED that, Council resolution #1u03-57 is hereby amended so as to delete axkyr reference to Council resolution #713-57 a.. d to substitute therefor Item No. 3 of Council resolution #515-56 adopted at the regular meeting of the Council held on August 13, 1956. By Councilman Daugherty, seconded by Councilman Jones and unanimously adopted, it was #7t -58 RESOLVED that, the iegular meetings of the Council of the City of Livonia during the month of February, 1958, be held on the 1st, 2nd and. )4th Mondays, such dates being February 3, 10 and 214., 1958. By Councilman Dawherty, seconded by C ouncilman Jones and unanimously adopted, it was #75-58 RESOLVED that, having considered hr' xncommendation of the City Attorney relative to the contract of Waterway Construction Company for Gravity Outlet Sewer for Joy Road Sewa e Pumping Station, said contract be and hereby is accepted and approved by the Council. On motion of Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, this 233rd regular meeting of the Council of the City of Livonia was duly adjourned at 9:53 P. M., January 27, 1958. l Marie W. Clark, City Clerk