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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-03-31 Page 3325 MINUTES OF THE TWO HUNDRED FORTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 31, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:17 P.M. by the Vice-President of the Council. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present - Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, David L. Jones, Peter A. Ventura and John T. Daugherty. Absent - Austin T. Grant. By Councilman Bagnall, seconded by Councilman Kleinert, it was #187-58 RESOLVED, that the minutes of the 239th regular meeting of the Council of the City of Livonia held on March 17, 1958, are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Ventura, Daugherty and O'Neill NAYS: Jones The Chairman declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Jones, it was #188-58 RESOLVED, that the Council, having been presented with a compromise proposal on behalf of the plaintiff Donald Wilson in the case of Donald Wilson vs. Elbert M. Harton, et al., Circuit Court Case No. 276-978, and it appearing that there is a possibility that the City of Livonia may not be liable for damages to the plaintiff in any amount because of the vague status of the law which is involved in this case, and the Council having considered the recommendation of the Department of Law dated March 31, 1958, with respect to whether or not the proposed compromise submitted by the plaintiff should be accepted, the Council does hereby reject said compromise proposal and does hereby further authorize the Department of Law to allow the entry of judgment against the City of Livonia and the other defendants herein, in accord- ance with the opinion of the Wayne County Circuit Court, and does further authorize the Department of Law to appeal from said judgment to the Supreme Court of Michigan on behalf of the defendant City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Jones, Daugherty and O'Neill NAYS: Kleinert and Ventura The Chairman declared the resolution adopted. Page 3326 William N. Ponder, City Attorney, presented a report of the Department of Public Works regarding foremen for welfare workers. By Councilman Daugherty, seconded by Councilman Ventura, it was #189-58 RESOLVED, that pursuant to the request of the Director of Public Works dated March 31, 1958, there is hereby transferred from the Unappropriated Surplus to Account No. DPW-1-SW of the Department of Public Works Budget the sum of $3,120.00 for the purpose of hiring and compensating two employees to supervise the work of laborers assigned to the City of Livonia by the Wayne County Social Welfare Department; such personnel to be employed three days a week for a six- month period. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None A report from the Mayor dated March 27, 1958, regarding Rouge Valley Flood Control was received by the Council and ordered filed. The hour of 8:30 P.M. having arrived, the City Clerk, Marie W. Clark, opened and read the following bids: PLAY EQUIPMENT -- Department of Parks and Recreation 1. Playground Equipment Company, Troy, Michigan 2. American Playground Device Company, Anderson, Indiana 3. Game-Time, Inc., Litchfield, Michigan 4. The J. E. Burke Company, Fond du Lac, Wisconsin 5. Standard Playground Equipment Co., Inc., Anderson, Indiana By Councilman Ventura, seconded by Councilman Kleinert and unanimously adopted, it was #190-58 RESOLVED, that the bids received on Play Equipment be referred to the Parks and Recreation Commission and the Director of Public Works for a report and recommendation. Councilman Daugherty read a report of the Water and Sewer Committee dated March 31, 1958, regarding the installation of sanitary sewers in Merriman Estates Subdivision. Page 3327 By Councilman Daugherty, seconded by Councilman Kleinert, it was #191-58 RESOLVED, that the Council having determined that it is necessary, in order to insure the public health, safety and welfare of a certain portion of the City of Livonia, to install sanitary sewer laterals in Merriman Estates Subdivision in the City of Livonia, more specifically to install sanitary sewer laterals on those portions of Puritan, Wentworth, Rayburn Avenues and Henry Ruff Road in the above subdivision, the estimated cost of which will be $37,180.00 as outlined in the report from Edwin M. Orr, Consulting Engineer, dated March 3, 1958, and the Council having also determined that such extension should properly have been included in the contract hereinafter referred to and incorporated into the City of Livonia Sewage Disposal System originally, does herein request that the Board of Wayne County Road Commissioners (1) Approve of adding the above described project to the contract dated March 21, 1955, and supplemented by a contract dated August 24, 1955, by and between the said Board and the city providing for the construction of additional major sewer facilities; (2) Approve the use of a sufficient amount of the surplus revenues presently in the possession of the County from the issuance of bonds in connection with the above contract to cover the cost of such project; (3) Approve of the making of progress payments from the above surplus revenues directly to the City of Livonia upon presentation by the City to the Board of duly certified vouchers; and further that the City of Livonia hereby accepts responsibility for the construction, inspection, supervision and final acceptance of the above described sanitary sewer installation and will also secure all ease- ments necessary for the construction of such sanitary sewer laterals; provided, however, that it is understood by the City of Livonia that this request is contingent upon the approval of the legal firm of Miller, Canfield, Paddock and Stone that such project may be validly added to said contract and may properly be financed by said surplus bond revenues. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: Bagnall Councilman Bagnall requested that the record show his reason for voting against the above resolution is: "Because I am not in favor of this type of financing for laterals." The Chairman declared the resolution adopted. Page 3328 By Councilman Bagnall, seconded by Councilman Jones, it was #192-58 RESOLVED, that the report of the Finance Committee for the month of October, 1957, is hereby approved and a summary spread on the minutes as follows: General, Administrative and Legislative $ 6,247.67 Department of Public Safety 6,484.24 Department of Public Works 4,748.84 Department of Parks and Recreation 1,007.74 Insurance $ 9,459.67 Retirement 30,499.33 Acquisition of Land 28,666.50 Grandon Avenue, Bonds and Interest 230.30 Paving Project, Deering Avenue 6,396.67 75,252.47 General Ledger Accounts: Inventories $ 1,732.49 Advances 27,862.08 Deposit on Drums 36.50 Gas Tax Refund 480.00 30,111.07 TOTAL $123,852.03 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None By Councilman Ventura, seconded by Councilman Bagnall, it was #193*58 RESOLVED, that pursuant to the report and recommendation of the Water and Sewer Board dated March 25, 1958, as requested by Council resolution #145-58 adopted on March 10, 1958, and the recommendation of the Superintendent of the Operations Division and Director of Public Works dated March 28, 1958, the Council does hereby accept the bid of Harry Salter, 13310 Dartmouth Avenue, Oak Park 37, Michigan, for supply- ing 20,000 feet 3/4" K type copper and 60 foot coils packaged, at the submitted bid of $6,927.19, such having been the lowest bid received; provided, however, that such bid is accepted expressly on the condition that all copper supplied by the above firm be packaged as advertised. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None By Councilman Jones, seconded by Councilman Ventura, it was #194-58 RESOLVED, that pursuant to the report and recommendation of the Superintendent of the Operations Division and Director of Public Works, the Council does herein accept the bid of the B. F. Goodrich Company, 15150 Michigan Avenue, Dearborn, Michigan, for supplying tires and tubes to the City of Livonia for the period commencing March 1, 1958 Page 3329 and extending through February 28, 1959, at the submitted bid of $9,229.82, such having been the lowest bid received. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura and O'Neill NAYS: Daugherty The Chairman declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #195-58 RESOLVED, that pursuant to the report and recommendation of the Superintendent of the Operations Division and Director of Public Works dated March 20, 1958, the Council does herein accept the bid of Midwest Linen Service, 18841 John R., Detroit 7, Michigan, for supply- ing linen to the City of Livonia in the amount of $1,232.50, such having been the lowest bid received. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None By Councilman Kleinert, seconded by Councilman Bagnall, it was #196-58 RESOLVED, that pursuant to the report and recommendation of the Parks and Recreation Commission dated March 19, 1958, the Council does herein accept the bid of the C. E. Anderson Co., 1503 S. Main Street, Royal Oak, Michigan, for one Model 100 T-E 1958 John Bean Rotomist Sprayer, in the amount of $4,306.88, on the terms set forth in their bid dated March 7, 1958, such having been the lowest bid received. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: Nene By Councilman Daugherty, seconded by Councilman Bagnall and unanimously adopted, it was #197-58 RESOLVED, that the Council having considered the Engineer's report dated March 26, 1958, as well as the report dated November 21, 1957, in connection with the installation of proper drainage facilities and the cost of a road surface to meet minimum city standards on Roycroft Avenue, East of Middlebelt Road, does herein determine to commence special assessment procedures for the purpose of installing such improvements in accordance with the above reports of the Engineer- ing Division; provided, however, that the Council believes the cost of replacing culverts and driveway approaches is the direct responsibility of Mancini Construction Co. et. al., 19200 W. 8 Mile Road, Detroit 19, Michigan, it appearing that the operations of that contractor were Page 3330 responsible and made necessary such portion of the improvement; and further that unless the Council receives, on or before May 15, 1958, written assurance from such company that they intend to replace such culverts and driveway approaches, that the city will proceed to do so and claim the amount of such from the bond presently on deposit with the County in connection with the Livonia sewer project contract. By Councilman Ventura, seconded by Councilman Jones and unanimously adopted, it was #198-58 RESOLVED, that before determining to install certain road drainage improvements on Roycroft Avenue, East of Middlebelt Road in Section 13, the cost of which is to be defrayed by special assess- ment, the City Engineer is hereby instructed to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare, or cause to be prepared, plans and specifica- tions therefor and an estimate of the cost thereof, and to file the same with the City Clerk, together with his recommendation as to what proportion of the cost should be paid by special assessment and 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, pursuant to the provisions of Section 6 of Ordinance No. 31, as amended. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #199-58 RESOLVED, that the Engineering Division, in connection with the proposed improvement of Roycroft Avenue, East of Middlebelt Road, is herein instructed to make clear in its report what portion of the total cost is related to the road surface improvement and also what part is attributable to the replacement of culverts and driveway approaches. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #200-58 RESOLVED, that having considered the letter frau the Wayne County Drain Commissioner dated February 5, 1958, and the report of the Assistant City Engineer and Director of Public Works dated March 19, 1958, in regard to the proposed improvement of the north branch of the Bell Drain, the Council has concluded that the city has no objection to the Drain Commissioner making such proposed improvement provided that the improvement does not interfere or in any way obstruct the drainage improvements proposed to be installed by the City of Livonia in the future as outlined in the report from Hubbell, Roth & Clark, Inc. dated February 11, 1958. By Councilman Jones, seconded by Councilman Ventura and unanimously adopted, it was Page 3331 #201-58 RESOLVED, that after considering the request of Warner & Warner, Civil Engineers and Surveyors, dated February 27, 1958, wherein they request approval of a 50-foot right-of-way on Deering Avenue between St. Martins and Angling Road, and pursuant to the report and recommendation of the Assistant City Engineer and Director of Public Works dated March 26, 1958, the Council does herein deny such request as being inconsistent with the over-all City policy in regard to right-of-way widths, and suggests to the writer of the above letter that he secure the necessary footage to insure a 60-foot right- of-way in his development. By Councilman Daugherty, seconded by Councilman Jones, it was #202-58 RESOLVED, that pursuant to the report and recommendation of the Assistant City Engineer and Director of Public Works dated February 18, 1958, the balance of $1,784.97 due Waterway Construction Company on its contract with the City of Livonia dated April 17, 1957, in connection with the construction of storm sewers in Coventry Gardens Subdivision, is hereby released, such installation having been accepted for maintenance by the City; provided, however, that this release is conditioned on the above contractor filing with the City a maintenance bond for a period of one (1) year frau the date of acceptance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None By Councilman Daugherty, seconded by Councilman Jones, it was #203-58 RESOLVED, that after considering the report and recommendation of the Assistant City Engineer and Director of Public Works dated March 6, 1958, as amended by the communication from the Consulting Engineer dated March 12, 1958, and having also considered the communica- tion from Robert Kraft, President of Buckingham Village Civic Association, dated March 14, 1958, the Council does hereby deny approval of the plat and the engineering plans contained therein in regard to the proposed Patty Ann Subdivision for the following reasons: (1) That the required clean-out of the Bell Drain No. 2 as recommended by the Consulting Engineer has not been accomplished as of this date; (2) That to permit the construction of homes to be serviced by an open drain would impose upon the City of Livonia a continuing obligation, responsibility and expense in maintaining, clean- ing out and reshaping such open drain; (3) That the construction of any additional homes in the area of this subdivision is likely to cause undue flooding of other homes in the central portion of the City of Livonia; (4) That the construction of homes adjacent to the open drain is likely to endanger the lives of children and other persons Page 3332 who would ultimately reside in the proposed subdivision; and, (5) That having considered all of the facts including the above considerations, the Council believes that the construction of additional homes in this area in such close proximity to the open Bell Drain No. 2 is likely to constitute and create a menace to the public health, safety and welfare of this community. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Ventura, Daugherty and O'Neill NAYS: Bagnall and Kleinert The Chairman declared the resolution adopted. By Councilman Ventura, seconded by Councilman Daugherty, it was #204-58 RESOLVED, that pursuant to the report and recommendation of the Assistant City Engineer and Director of Public Works dated March 20, 1958, the Council does hereby release to Practical Home Builders, Inc., 13440 West Seven Mile Road, Detroit 35, Michigan, the subdivision improvement bond established pursuant to Resolution #17-57 adopted by the Council on January 7, 1957, in the amount of $34,700.00 to cover sidewalk construction and clean-up items on paving in the Hearthstone Subdivision; provided, however, on the condition that said bond be replaced by a new bond in the amount of $24,300.00 to cover the balance of sidewalk installation and paving clean-up; and the City Clerk is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None By Councilman Ventura, seconded by Councilman Jones, it was #205-58 RESOLVED that, Practical Home Builders, Inc., 13440 West Seven Mile Road, Detroit 35, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Hearthstone Subdivision No. 2, located on the North and South sides of Pembroke Avenue approximately 135 feet East of Brentwood Avenue in the East 1/2 of Section 1, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of October 15, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improve- ments therein, have been approved by the Department of Public Works under date of March 26, 1958; 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 3333 (2) That the installation of such improvements shall be supervised and inspected by the Department of Public Works and such improve- ments 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 satis- factorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: $30,000.00, and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) On full compliance with the above conditions and with the provisions of said Plat Ordinance, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval; and, (5) That as-built plans of all improvements installed in said subdivision shall be submitted on cloth reproducible material to the Engineering Division of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None At 9:35 P.M. a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, with the exception of Councilman Bagnall. By Councilman Jones, seconded by Councilman Daugherty, and unanimously adopted, it was #206-58 RESOLVED, that the order of the agenda is suspended in order to take up a matter upon which persons are waiting to be heard. Councilman Bagnall returned at 9:53 P.M. By Councilman Jones, seconded by Councilman Ventura and unanimously adopted, it was #207-58 RESOLVED, that the letter frau Mrs. Donald L. Bachman dated March 27, 1958, in regard to certain water debt rate charges which may have been incorrectly levied against certain parcels of property, is hereby referred to Carrol Lock, Budget Director and Accountant for the Water and Sewer Division, and City Attorney William N. Ponder, for immediate investigation, report, and recommendation to the Council in regard to such matter. Page 3334 By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #208-58 RESOLVED, that having considered the request of the Assistant City Engineer and Director of Public Works dated March 14, 1958, request- ing authority to sign sewer tap-in permits for the City of Livonia and having heretofore adopted Resolution #687-57 approving of the Plat and engineering plans for the Joy Ann Subdivision, which plans called for a sewer tap-in to the Middle Rouge Parkway Interceptor, the Council does herein grant to the Assistant City Engineer the authority to execute and sign on behalf of the City of Livonia, but incurring no expense to the City of Livonia for permitsetc., sewer tap-in permit No. A-13 granting to the City of Livonia permission to tap into the Middle Rouge Parkway Interceptor. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #209-58 RESOLVED, that the Council does herein concur in the report and recommendation of the City Planning Commission dated March 18, 1958, as to Petition No. Z-248 of Andrew andLois E. LaPrese for change of zoning in the Northwest 1/4 of Section 3 from RUFB to M-1, and such petition is hereby denied. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #210-58 RESOLVED, that pursuant to the letter dated March 27, 1958, from Robert E. Childs, Attorney for Luther G. and Gladys L. Lentz, the Council does herein return to the City Planning Commission Petition No. Z-249 in order to allow the petitioner an opportunity to amend such petition in accordance with the recommendations of the City Planning Commission in its report to the Council. dated March 18, 1958. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #211-58 RESOLVED, that the Council does herein concur with the report and recommendation of the City Planning Commission dated March 17, 1958, as to Petition No. Z-251 of Richard Bleznak for a change of zoning in the Southeast 1/4 of Section 11 from RUFB to R-1-A, and Petition No. Z-251 is hereby granted and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #212-58 RESOLVED, that the Council does herein concur with the report and recommendation of the City Planning Commission dated March 18, 1958, as to Petition No. Z-256 of George Karabenick, Carey Homes, for a change of zoning in the Southeast 1/4 of Section 2 from RUFB to R-1-B; and Petition No. Z-256 is hereby granted and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Page 3335 By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #213-58 RESOLVED, that pursuant to the communication from the Michigan Liquor Control Commission dated January 27, 1958, and the recommendation from the Livonia Police Department dated March 11, 1958, the Council does hereby approve the request from Joseph Baranoski to transfer owner- ship of 1957 Class C License with Dance Permit from Elmer Smith, 28001 Seven Mile Road, Livonia, Michigan. By Councilman Ventura, seconded by Councilman Daugherty, it was #214-58 RESOLVED, that pursuant to the communication from the Michigan Liquor Control Commission dated February 19, 1958, and the recommendation from the Livonia Police Department dated March 11, 1958, the Council does hereby approve the request of Sam Zehra, 33880 Plymouth Road, Livonia, Michigan, for a new Dance-Entertainment Permit and Food Permit in conjunction with 1957 Class C License. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Ventura, Daugherty and O'Neill NAYS: Jones The Chairman declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #215-58 RESOLVED, that Petition No. V-30 of Spalding, DeDecker & Associates is hereby referred to the City Planning Commission for a public hearing and recommendation to the Council pursuant to the provi- sions of Ordnance No. 29. By Councilman Kleinert, seconded by Councilman Daugherty, it was #216-58 RESOLVED, that having considered the letter from Mr. James D. Hayden, 6011 Newburg Road, Wayne, Michigan, and pursuant to the provisions of Ordinance No. 34, the Council does herein grant to the above named party and applicant a license for the collection, removal and transporta- tion of municipal waste for the twelve month period commencing April 1, 1958, and extending through March 31, 1959; provided that said applicant and licensee shall conduct his business in accordance with the provisions of all rules, regulations and ordinances of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Jones, Daugherty and O'Neill NAYS; : Bagnall and Ventura The Chairman declared the resolution adopted. Page 3336 Councilman Daugherty introduced the following emergency Ordinance: ORDINANCE No. 199 AN ORDINANCE AMENDING ORDINANCE NO. 183 OF THE CITY OF LIVONIA ENTITLED, "AN ORDINANCE ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY OF LIVONIA, FIXING THE BOUNDARIES THEREOF, AND PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE THEREOF", BY AMENDING SECTIONS 10 AND 11 AND BY ADDING SECTIONS 25 AND 26 THERETO. THE CITY OF LIVONIA ORDAINS: Section 1. Sections 10 and 11 of Ordinance No. 183 of the City of Livonia entitled, "An Ordinance Establishing Election Precincts within the City of Livonia, Fixing the Boundaries Thereof, and Provid- ing for the Publication and Posting of Notice Thereof," are hereby amended to read as follows: Section 10. That Election Precinct No. 10 shall consist of that area of the City lying South of the center of School- craft Road and North of the center of West Chicago Road between the center of Henry Ruff Road and an imaginary line extending Northerly to Schoolcraft Road on the West and the center of Middlebelt Road on the East. Section 11. That Election Precinct No. 11 shall consist of that area of the City lying South of the center of Schoolcraft Road and North of the center of West Chicago Road and an imaginary line extending East to Henry Ruff Road and between the center of Merriman Road on the West and the center of Henry Ruff Road and an imaginary line extending northerly to Schoolcraft Road on the East. Section 2. Ordinance No. 183 of the City of Livonia is hereby amended by adding thereto the following sections: Section 25. That Election Precinct No. 25 shall consist of all that area of the City lying South of the center of West Chicago Road between the center line of Middlebelt Road on the East and Henry Ruff Road on the West. Section 26. That Election Precinct No. 26 shall consist of all that area of the City lying South of the center of West Chicago Road and an imaginary line extending East to Henry Ruff Road and between the center line of Henry Ruff Road on the East and the center line of Merriman Road on the West. Section 3. That notice of the division of the City into the additional election precincts described above shall be published for two successive weeks in The Livonian, the first publication to be within ten (10) days after the adoption of the ordinance and such notice shall be posted in two or more public places in each of the said election precincts, the boundaries of which are affected by this ordinance; and a like notice shall be immediately transmitted by the City Clerk to the County Clerk. Page 3337 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None The Chairman declared the Ordinance duly adopted and will become effective on the date of publication, after having been approved by the Mayor. By Councilman Ventura, seconded by Councilman Daugherty, and unanimously adopted, it was #2l7-58 RESOLVED that, WHEREAS the economic conditions not only in the City of Livonia, but throughout the entire nation, is creating a tremendous increase in unemployment, and WHEREAS renowned economists have advised that an excellent way of alleviating the current economic recession is to declare a moratorium on the payment of Federal income taxes, thereby increasing consumer purchasing power, NOW THEREFORE, BE IT RESOLVED that the Council of the City of Livonia hereby requests the Congress of the United States of America to take immediate steps to give President Eisenhower the authority necessary to declare a moratorium on the payment of Federal income taxes for a period of ninety (90) days, and BE IT FURTHER RESOLVED that the City Clerk be and she hereby is directed to forward certified copies of this resolution to the Honorable Martha W. Griffiths, Representative in the United States Congress and to the Honorable Charles Potter and Patrick V. McNamara, United States Senators, and BE IT FINALLY RESOLVED that certified copies of this resolution be sent to the various cities, villages and townships in the County of Wayne, urging them to enact similar resolutions, and that they forward copies of their resolutions to the Congressman of their district and to the Honorable Charles Potter and Patrick V. McNamara, United States Senators, Washington, D. C. Page 3338 Councilman Ventura introduced the following Vacating Ordinance: ORDINANCE NO. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. THE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Planning Commission dated December 16, 1957, on Petition No. V-24 and Petition No. V-25, dated January 10, 1958, on Petition No. V-26, and dated February 20, 1958, on Petition No. V-28, for vacating portions of certain streets, alleys and public ground, are hereby accepted and adopted and the Council does hereby approve all proceed- ings on said petitions, it appearing that public hearings thereon were duly held on December 10, 1957, January 7, 1958, and February 18, 1958, as provided by law and that the proper notices of such hearings were given. Section 2. Pursuant to Ordinance No. 29 of the City of Livonia entitled, "An Ordinance Providing the Procedure for Vacating of Streets, Alleys and Public Ground", as amended by Ordinance No. 50, the following portions of certain streets, alleys and public ground are hereby vacated: (a) Those portions of alleys described in Petition No. V-24 being more particularly described as all of the north and south alleys between Deering and Inkster and between Plymouth and Grantland in the Southeast 1/4 of Section 25, T. 1 S., R. 9 E., City of Livonia, Michigan; provided, however, that there be and hereby is reserved an ease- ment the full width of the present alleys for public utilities and surface drainage. (b) That certain alley described in Petition No. V-25 being more particularly described as the north-south alley extending from Joy Road to Dover Street between Fremont and Hugh Streets in the Southeast 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Michigan; provided, however, that there be and is hereby reserved an ease- ment the full width of the present alley for public utilities and surface drainage. (c) That certain alley described in Petition No. V-26 being more properly described as the alley west of Fremont between Dover and the alleys north of Joy Road in the Southeast 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Michigan; provided, however, that there be and is hereby reserved an 18-foot easement for public utilities and surface drainage. (d) That certain portion of public right-of-way described in Petition No. V-28 being more properly described as the south 43 feet of West Chicago Road between Sunset Avenue and Henry Ruff Road in the Southwest 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Michigan. Page 3339 Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 4. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portion of this ordinance. The foregoing ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Kleinert introduced the following Ordinance: ORDINANCE No. AN ORDINANCE AMENDING SECTION 5.1 OF THE TRAFFIC ORDINANCE, ORDINANCE NO. 21, AS AMENDED, OF THE CITY OF LIVONIA THE CITY OF LIVONIA ORDAINS: Section 1. Section 5.1 of the Traffic Ordinance, Ordinance No. 21, as amended, entitled "An Ordinance Regulating Traffic and the Use and Operation of Vehicles Upon the Public Streets and Thorough- fares of the City of Livonia, Providing for the Disposal of Abandoned Vehicles, Providing a Penalty for Violation of this Ordinance and Repealing all other Ordinances and Sections of Ordinances in Conflict Herewith", is hereby amended as follows: Section 5.1 Speed Regulations (a) Each person driving a vehicle on a highway shall drive the same at a careful prudent speed not greater nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and any other conditions then existing and no person shall drive any vehicle on any highway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead. (b) Subject to the provisions of subsection (a) of this section, and excepting in those instances where a lower speed is specified in this Ordinance, it shall be prima facie lawful for a driver to drive at a speed not exceeding the follow- ing, but in any case when such speed would be unsafe it shall not be lawful: Twenty-five (25) miles per hour on all streets in a business district as defined herein; twenty-five (25) miles per hour in a residential district as defined herein, and in public parks, unless such parks are posted for a lower speed by order of the Traffic Commission with the approval of the Council. (c) It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law outside of business and residential districts Page 3340 as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit shall be Twenty-five (25) or Thirty-five (35) or Forty (40) or Fifty (50) miles per hour as herein set forth on these streets or parts of streets herein designated when signs are erected giving notice thereof; provided, however, that said prima facie speed limit of Thirty-five (35) or Forty (40) or Fifty (50) miles per hour shall not be applicable to or effective in any business or residential districts. Name of Street and Parts Designated Prima Facie Speed Limit The South one-half (1/2) of Eight Mile Road from Inkster to Farmington Road Forty (40) miles per hour The South one-half (1/2) of Eight Mile Road from Farmington to Haggerty Road Fifty (50) miles per hour Seven Mile Road from Inkster to Farmington Road Forty (40) miles per hour Seven Mile Road from Farmington to Haggerty Road Fifty (50) miles per hour Six Mile Road from Inkster Road to Farmington Road Forty (40) miles per hour Six Mile Road from Farmington Road to Haggerty Road Fifty (50) miles per hour Five Mile Road from Inkster Road to Fairlane Thirty-five (35) miles per hour Five Mile Road from Fairlane to Eckles Road Fifty (50) miles per hour Schoolcraft Road from Inkster Road to Eckles Road Fifty (50) miles per hour West Chicago Blvd. from Inkster Road to Middlebelt Road Forty (40) miles per hour The North one-half (1/2) of Joy Road from Inkster Road to Middlebelt Road Forty (40) miles per hour Ann Arbor Trail Thirty-five (35) miles per hour The West one-half (1/2) of Inkster Road from Five Mile Road to Joy Road Forty (40) miles per hour The West one-half (1/2) of Inkster Road from Five Mile Road to Eight Mile Road Thirty-five (35) miles per hour Middlebelt Road from Eight Mile Road to Joy Road Thirty-five (35) miles per hour Page 3341 Name of Street and Parts Designated Prima Facie Speed Limit Farmington Road from Eight Mile Road to Joy Road Forty (40) miles per hour Wayne Road from Plymouth Road to Joy Road Forty-five (45) miles per hour Plymouth Road from Inkster Road to Ann Arbor Road Forty (40) miles per hour Plymouth Road from Ann Arbor Road to Eckles Road Forty-five (45) miles per hour Merriman Road from Joy Road to Seven Mile Road Thirty-five (35) miles per hour Hubbard Road from West Chicago Blvd to Six Mile Road Twenty-five (25) miles per hour Gill Road from Seven Mile Road to Eight Mile Road Thirty-five (35) miles per hour Levan Road from Plymouth Road to Five Mile Road Thirty-five (35) miles per hour Newburgh Road from Joy Road to Eight Mile Road Thirty-five (35) miles per hour Stark Road from Hathaway Avenue to Lyndon Avenue Twenty-five (25) miles per hour The East one-half (1/2) of Haggerty Road from Five Mile Road to Eight Mile Road Forty (40) miles per hour The East one-half (1/2) of Eckles Road from Plymouth Road to Schoolcraft Road Forty (40) miles per hour The East one-half (1/2) of Eckles Road from Schoolcraft to Five Mile Road Thirty-five (35) miles per hour (d) It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law outside of business and residential districts for trucks is greater than is reasonable or safe under the conditions found to exist upon the streets of the City and it is hereby declared that, notwithstanding other provisions of this ordinance, the prima facie speed limit for trucks traveling on any highway or street in the City of Livonia shall be Thirty-five (35) miles per hour when signs are erected giving notice thereto, provided, however, that said prima facie speed limit of Thirty-five (35) miles per hour shall not be applicable to or effective in any business or residential district nor to any highway or street posted for a lower speed by order of the Traffic Commission with the approval of the Council. For the purpose of this section the word "truck" shall mean every motor vehicle designed, used or Page 3342 maintained primarily for the transportation of property. (e) On all State and Federal trunk line highways within the City it shall be prima facie lawful for a driver of a vehicle to drive at a speed not exceeding that which may be determined from time to time by the Michigan State Highway Commissioner under provisions of Act 119 of the P.A. 1933, or any amendment thereof; provided, however, that on any and all State and Federal trunk line highways or parts thereof within the City on which no speed limi- tations have been determined by said State Highway Commis- sioner's determinations may have been revoked or suspended, the ordinary speed limits as set forth in the foregoing subsection of this section shall apply. (f) It shall be prima facie unlawful for any person to exceed any of the foregoing speed limitations. Section 2. Ordinance Nos. 89, 170, and 191 are hereby repealed as of the date that this ordinance takes effect. All other ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. The foregoing ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bagnall, seconded by Councilman Daugherty and unanimously adopted, it was #218-58 RESOLVED, that pursuant to the request of the Police Commis- sioner dated March 24, 1958, and in view of the substantial savings that might accrue to the City, the Council does herein authorize the Police Department to have City-owned radio equipment maintained and repaired on an "as required" basis for the months of April and May for the purpose of determining whether or not this procedure is more economical than the present method of contracting such services. By Councilman Bagnall, seconded by Councilman Jones, it was #219-58-ij RESOLVED, that the report of the Finance Committee for the month of February, 1958, is hereby approved and a summary spread on the minutes as follows: Page 3343 General, Administrative and Legislative $ 5,215.69 Department of Public Safety 1,793.52 Department of Public Works 6,902.83 Department of Parks and Recreation 1,616.02 Middle Rouge Bonds, Interest and Fees $46,464.77 Insurance 2,852.69 49,317.46 General Ledger Accounts: DPW Inventories $ 197.18 Gas Tax Refundable 1.44 Advances 81.50 280.12 TOTAL $65,125.64 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None By Councilman Bagnall, seconded by Councilman Ventura, it was #219-58 RESOLVED, that the sum of $150.00 be transferred from the Unallocated Fund to the Civic Center Program for the express purpose of appraising the Civic Center Parcel described in the letter from Daniel Horgan dated March 8, 1958, and the Commissioner of the Department of Public Works is hereby directed to do all things necessary to carry out this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Kleinert, Jones, Ventura, Daugherty and O'Neill NAYS: None By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #220-58 RESOLVED, that a regular meeting of the Council of the City of Livonia is called for 8:00 P.M. on April 10, 1958, for the express purpose of approving the minutes of the 240th regular meeting of the Council held on March 31, 1958, and to take a roll call vote on the ordinances introduced at said 240th regular meeting. On motion by Councilman Ventura, seconded by Councilman Daugherty, and unanimously adopted, this 240th regular meeting of the Council of the City of Livonia was duly adjourned at 10:35 o'clock P.M., March 31, 1958. -,2_, 2,, Mare,W. Clark, City Clerk