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HomeMy WebLinkAboutCOUNCIL MINUTES 1957-01-07 Page 2652 MINUTES OF THE ONE HUNDRED NINETY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 7, 1957, the above meeting was held at 33001 Five Mlle Road, &Leonia, Michigan, and was called to order at approximately 8:17 P. N., by the President of the Council. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, David L. Jones and Peter A. Ventura. Absent -- John T. Daugherty. By Councilman Ventura, seconded by Councilman O'Neill, it was #1-57 RESOLVED that, the minutes of the 193rd regular meeting of the Council of the City of Livonia held December 17, 1956, are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AXES: Bagnall, O'Neill, Ventura, Kleinert and Grant. NAYS: Jones. The President declared the resolution adopted. Councilman Jones was excused at 8:19 P. M. The City Clerk, Marie W. Clark, read a letter from the Mayor appointing Wilfred E. Okerstrom to the City Planning Commission. Councilman Jones returned at 8:20 P. M. By Councilman Bagnall, seconded by Councilman O'Neill, it was #2-57 RESOLVED that, the appointment of Wilfred E. Okerstrom, 15011 Lyons, to the City Planning Commission for a term expiring June 9, 1957, to replace Mr. Daniel J. Lepo, who has resigned, is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AXES: Bagnall, O'Neill, Ventura, Kleinert and Grant. NAYS: Jones. L The President declared the resolution adopted. Mari e W. Clark, City Clerk, read a letter from Nandino Perlongo addressed to the Mayor regarding the property of M,rton Sats, and letter from the City Attorney to the Council. Page 2653 By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #3-57 RESOLVED that, those particular City employees involved shall be informed by the Police Department that henceforth the four vacant lots east of and immediately adjacent to the Livonia Police Station, such lots being the private property of W. Morton Katz of Detroit and being more specifically described as Lots 309, 310,E 311 and 312, Grrennada Park Sub- division #1, shall not be used for the parking of City vehicles nor for the privately owned vehicles of City employees, nor for any other vehicles under the jurisdiction of the Police Department. By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #4-57 RESOLVED that, the City Attorney be and hereby is directed to prepare amendments as necessary to Ordinance No. 135 to provide that minimum requirements as to improvements be changed to permit, ih proposed subdivisions wherein at least eighty (80%) per cent of the total number of lots having an area of not less than ten thousand (10,000) square feet and at least eighty (80%) per cent of the total number of lots having front dimensions of not less than eighty (80) feet, that sidewalks shall be optional and residential streets or roads, including half mile or neighbor- hood dividing roads, may be constructed thirty-one (31) feet wide of six (6) inch compacted slag, two (2) inch compacted gravel and two (2) inch hot mix asphalt surface, without curbs and gutters; provided that improve- ments of such design conform to or are in excess of improvements already provided or proposed for a majority of the immediately surrounding sub- divisions. The hour of 8:30 P. M., having arrived, the City Clerk, Marie W. Clark, opened and read the following bids: ROAD MAINTENANCE GRkVEL - Department of Public Works 1. Kessler's Inc., Hazel Park delivered $1.29 per ton 2. J. J. Zayti Trucking, Northville " $1.20 per ton 3. Al Morgan's Sand, Romulus " $1.35 per ton 4. A. N. Thomson, Northville " $1.38 per ton Pick up .69 per ton 5. Telischak Trucking, Livonia delivered $1.21 per ton Pick up .68 per ton 6. Hayes Washed Sand & Gravel, Biel i vere d $1.15 per ton L. Northville Pick up .65 per ton 1% - 10th of month following date of delivery. By Councilman Jones, seconded by Councilman Ventura and unanimously Page 2654 adopted, it was #5-57 RESOLVED that, the foregoing bids for Road Maintenance Gravel are hereby referred to the Department of Public Works for report and re- commendation. ROAD MAINTENANCE SLAG 1. Edward C. Levy Co., Detroit ( Copy of said bid on file in the office of the City Clerk ) By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was #6-57 RESOLVED that, the foregoing bid for Road Maintenance Slag is hereby referred to the Department of Public works for report and recom- mendation. By Councilman Ventura, seconded by Councilman Kleinert and tmnimnusly adopted, it was #7-57 RESOLVED that, the matter of street lighting on major roads in the City of Livonia be referred to the Finance Committee of the Council for its study, report and recommendations. By Councilman Bagnall, seconded by Councilman Ventura and unanimously adopted, it was #8-57 RESOLVED that, resolution #631, adopted at the Council meeting of August 10, 1953, and resolution #647-55, adopted at the Council meet- ing of December 19, 1955, are hereby rescinded. By Councilman Bagnall, seconded by Councilman O'Neill, it was #9-57 RESOLVED that, the Brooks Ambulance Service of 31621 Five Mile Road, Livonia, is hereby retained and engaged by the City of Livonia on a month-to-month basis to handle all calls made by the Department of Public Safety in consideration for which the City of Livonia shall pay said Brooks Ambulance Service the sum of Three Hundred ($300.00) Dollars per month; provided, however, that the said Brooks Ambulance Service shall furnish the Department of Public Safety with written monthly reports show- ing all calls made on proper request of the Department; and provided further that the liability of theCity of Livonia for such calls shall in any event not exceed Three Hundred ($300.00) Dollars per month. A roll call vote was taken on the foregoing resolution with the following result: 1Lw AYES: Bagnall, O'Neill, Ventura, Kleinert and Grant. NAYS: Jones. The President declared the resolutioh adopted. Page 2655 The President of the Council appointed the following committee to seek Linformation regarding ambulance service for the City of Livonia: Councilmen Ventura, OtNeill and Jones. By Councilman Bagnall, seconded by Councilman Ventura and unanimoualy adopted, it was #10-57 RESOLVED that, the Council of the City of Livonia, having deter- mined that the public safety requires the paving of Merriman Road in the City of Livonia, hereby authorizes negotiations between the City of Livonia and the Wayne County Road Commission for t he paving of Merriman Road; and the Michigan State highway Department is hereby requested to install a traffic light at the intersection of Plymouth Road and Merriman Road in the City of Livonia as soon as possible. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #11-57 BlISOLVED that, before determining to install street lights in the following area: that area bounded by Plymouth Road on the North, Deering Avenue on the East, West Chicago Road on the South, and Middle Belt Road on the West, the cost of which is to be defrayed by s pecial assessment, the City Engineer is hereby required 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 specifications therefor and an estimate of t he cost thereof, and to file the sane with the City Clerk, together with his re- commendation 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, pur- suant to the provisions of Section 6 of Ordinance No. 31, as amended. The City Clerk, Marie W. Clark, read a letter dated December 19, 1956 from the Department of Public works regarding improvement of Middle Belt, Joy, Merriman and Farmington Roads. By Councilman Kleinert, seconded by Councilman Ventura and unanimously adopted, it was #12-57 RESOLVED that, the Department of Public Works is requested to negotiate with the Wayne County Road Commission for a new agreement with Iii current costs for the improvement of Middle Belt Road from Plymouth to Joy Roads; Joy Road from Middle Belt to Farmington Roads; Merriman from Joy Road to Schoolcraft; and Farmington Road from Joy to Plymouth Road in the City of Livonia. Page 2656 By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it wa8 #13-57 ESSOLVED that, the matter of securing needed rights-of-way on Five MU.e Road for the aide,alk project, as reported by the City Engineer and Director of Public Works, be acid hereby is referred to the City Attornew for necessary resolutions to institute condemnation proceedings in Wayne County Circuit Court. Councilman Ventura was excused at 9:12 P. M. By Councilman Jones, seconded by Councilman Kleinert, it was #14-57 RESOLVED that, the request of Peter A. Ventura for remuneration for attending the trial in the case of Daniel Bzovi vs. the City of Livonia, et al, on behalf of the City, tabled December 17, 1956, to this meeting, be and hereby is denied. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Kleinert and Grant. NAYS: Bagnall and O'Neill. The President declared the resolution adopted. Councilman Ventura returned at 9:15 P. M. Councilman Jones introduced the following Ordinance: No. AN ORDINANCE * DIM SECTIONS 2, 4, 11, 23 AND 28 OF THE ZONING MAY OF THE CITY OF LIVONIA, AND AMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, OODINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTIONS 3.115, 3.116, 3.1.7, 3.118 AND 3.119. TIE CITY OF LIVONIA ORDAINS: Section 1. The reports and recommendations of the City Plpnning Commission dated October 3(4 7356, on Petition No. Z-187; dated November 16, 1956, on Petitions Nos. Z-189 and Z-197; and dated November 23, 1956, on Petitions Nos. Z-190 and Z-191, having been considered by the Council, the Council hereby adopts said petitions to amend the Zoning Map and the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia; and all proceedings heretofore conducted on said petitions are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia is hereby amended by adding there to the following sections: Section 3.115. Petition No. Z-187 of Jim A. Hoy and Margarita Page 2657 P. Hoy and Anthony F. Bruce and Margaret M. Bruce is hereby granted; the zoning classification of the premises described in said petition is hereby changed from C-1 to M-1 as requested in said petition; and the Northeast i/1t of Section 2 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.116. Petition No.Z-189 of B. J. Eckman is hereby granted; the zoning classification of the premises described in said petition is hereby changed from AG and C-2 to C-2 as requested in said petition; and the Northeast ]4 of Section 4 of said Zoning Map is here- by amended to conform to the change made in this section. Section 3.117. Petition No. Z-190 of Jack Pearlman is hereby granted; the zoning classification of the promises described in said petition is hereby changed from C-2 and R-U-F-B to C-2 and P-i as re- quested in said petition; and the Northeast 1/4 of Section 11 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.118. Petition No. Z-191 of Harold Thomas and Jean Thomas and Stanley E. Hayes and Gladys Hayes, as amended by City Planning Commission Resolution No. 11-380-56, is hereby granted; the zoning classifi- cation of the premises described in said amended petition is hereby charged from R-U-F-B to C-2 as requested in said amended petition; and the North- east 1/4 of Section 23 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3.119. Petition No. Z-197 of Earl R. Gilman, attorney for Morris W. Zack, et al, and Veno E. Sacre, attorney for Koepplinger Bakery, Inc., as a mended by City Planning Co®mdssion Resolution No. 11- 367-56, is hereby granted; the zoning classification of the premises described in said amended petition is hereby changed from R-U-F-B to 1-1 and P-1 as requested in said amended petition; and the Northwest 1/2 of Section 28 of said Zoning Map is hereby amended to conform to the change made in this section. Section 3. The attached map designated "Amendment No. 31 of the Zoning Map of the City of Livonia", showing all. of the amendments and changes made in the foregoing Section 2 of this ordinance, is hereby approved, established and made a part hereof. Section 14. 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 affectirg the validity cf any of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at t he next regular meeting of the Council, January 14, 1957. Councilman Kleinert introduced the following Ordinance: Page 2658 NO. AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA, ANDAMENDING ARTICLE 3.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING THERETO SECTION 3.120. THE CITY OF LIVONIA ORDAINS: Section 1. The report and recommendation of the City Planning Conmdssion dated November 23, 1956, on Petition No. Z-193, having been considered by the Council, the Council hereby adopts said petition to amend the Zoning Map and the Zoning Or- dinance, Ordinance No. 60, as amended, of the City of Livonia; and all proceedings heretofore conducted on said petition are hereby approved. Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia is hereby amended by adding thereto the following sections Section 3.120. Petition No. Z-193 of Joseph H. Friedmanco- partner, Trojan Building Company, as amended by City Planning Commission solution No. 11-385-56, is hereby granted; the zoning classification of the premises described in said amended petition is hereby changed from R-U-F-B to R-1mA as requested in said amended petition; and the Southwest 1/$ of Section 13 of said Zoning Map is hereby amended to conform to the change made in this section. Section . The attached map designated #Amendment No. 32 of the Zoning Map of the ty o voniau, showing all of the amendments and changes made in the foregoing Section 2 of this ordinance, is hereby approved, established and made a part hereof. Section b. 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 . Should any portion of this ordinance be held invalid for any reason, such o g 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, January lh, 1957. A recess was called at 9:40 P. M., after whichthe meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Bagnall, seconded by Councilman ID.einert, it was #15-57 RESOLVED that, there is hereby transferred from the Unappropriated Surplus to the Traffic Control and Safety Devices Account, the sum of Page 2659 Nine Hundred Forty Eight Dollars and Ninety-Eight Cents ($918.98) to be used for the payment of a statement dated November 19, 1956, Invoice #10055, received from the Michigan State Highway Department for the above recited amount, said amount representing the City's share of the cost of the traffic signal installations located on Plymouth Road at Farmington and Levan Roads in the City of Livonia; and the City Clerk and City Treasurer are 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, O'Neill, Ventura, Jones, Kleinert and Grant. HAYS: None. The City Clerk, Marie W. Clark, read a letter received January 7, 1957, from the City Engineer and Director at Public Works regarding River Bend Subdivision #2, and Smokier Rousseau Subdivision #3. By Councilman Jones, seconded by Councilman Bagnall and unanimously adopted, it was #16-57 RESOLVED that, consideration of River Bend Subdivision in, and Smokier Rousseau Subdivision #3 be tabled until the next regular meeting of the Council, January 14, 1957. Marie W. Clark, City Clerk, read the report from the Department of Public Works as to reduction of bond, Hearthstone Subdivision. By Councilman Ventura, seconded by Councilman Jones, it was #17-57 RESOLVED that, pursuant to the report and recommendation of the Director of Public Works and the City Engineer dated January 3, 1957, the Council does hereby release to Practical Home Builders, Inc., 1314110 West Seven Mile Road, Detroit 35, Michigan, the subdivision improvement bond established pursuant to a resolution adopted by the Council on December 17, 1956, in the amount of Sixty Thousand Seven Hundred Dollars ($60,700.00), to cover paving and sidewalk installation in the Hearthstone Subdivision; provided, however, that said bond be replaced bya new bond in the amount of Thirty-Four Thousand Seven Hundred Dollars 34,700.00) to be retained by the City of Livonia to cover remaining sidewalk construction and clean- up items an paving; and the City Clerk is hereby authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken an the foregoing resolution. with the following result: AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman O'Neill and unanimously Page 2660 adopted, it was #18-57 RESOLVED that, the budget for the Water Department of the City of Livonia for the fiscal year 1958 is hereby referred to the Sewer and Water Commission for report and recommendation. Marie W. Clark, City Clerk, read a recommendation from the City Planning Com- mission as to Petition No. Z-195, and petition signed by approximately 53 residents, objecting to the rezoning. By Councilman Kleinert, seconded by Councilman O'Neill, it was #19-57 RESOLVED that, the report and recommendation of the City Planning Commission dated December 26, 1956, as to Petition No. 2-195 of Louis Savage, President, Newman Farms, Inc., for a change of zoning in the Southeast 1/4 of Section 28 from RTJFB to M-1 is hereby approved; and the City Attorney is instructed to prepare an ordinanoe amending Ordinance No. 60 in conformance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Ventura, Kleinert and Grant. NAYS: Jones. Lir The President declared the resolution adopted. The City Clerk, Marie W. Clark, read the recommendation from the City Plan- ning Commission as to Petition No. Z-196, and letter from George Reynolds objecting to the rezoning. By Councilman Ventura, seconded by Councilman Bagnall, it was RESOLVED that, Petition No. Z-196 be tabled until the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill and Ventura. NAYS: Jones, Kleinert and Grant. The President declared the resolution denied. yy Councilman Ventura, seconded by Councilman Kleinert, it was #20-57 RESOLVED that, the report and recommendation of the City Planning Commission dated December 26, 1956, as to Petition No. Z-196 of Richard J. and Connie V. Hoffman for change of zoning in the Northeast 1/4 of Section 31 from Rtk'B to C-1 is hereby approved; and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in conformance with this resolution. Page 2661 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Ventura and Kleinert. NAYS: Jones and Grant. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, it was #21-57 RESOLVED that, consideration of Petition No. Z-198 be tabled until the meeting of January 28, 1957. Councilman Br gn 11 was excused at 10:35 P. M. Councilman Kleinert introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTION 1 .04 OF ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." LTHE CITY OF LIVONIA ORDAINS: Section 1. Section 4.04 of Ordinance No. 60, as amended, of the City of Livonia entitled, "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 4.04. Building and Easement Grades. (a) Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A building grade line (sometimes referred to as the finish grade or finish grade line) shall mean the elevation of the ground adjoining the building on all four sides. A first floor elevation shall mean the height which the first floor extends above the building grade. A sloping earth grade beginning at the sidewalk level shall be maintained and established from the center of the front lot line to the finish grade line at the front of the building and from the rear wall of the building to the rear lot line. The height of the finish grade line of any dwelling shall not be less than twelve (12) inches nor more than eighteen (18) inches above the average front sidewalk p ievation. The first floor elevation shall be not less than six (6) inches nor more than twenty-six (26) inches above the finish grade line of the building. When a new building is being constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall have priority over deter- mining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit runoff of surface water to flow onto the adjacent properties. Grades shall be approved by the Department of Public Works Page 2662 (b) Where any lot, part or parcel of land, has located upon it a duly recorded easement, for any purpose whatsoever, that portion of such land whereon the easement exists shall be graded as indicated by the De- partment of Public Works, and in no event shall be graded so as to obstruct or substantially slow down the natural flow of surface water across such easement. The grade in easement:a shall in all cases be subject to the ap- proval of the Department of'Public Works. Section 2. Repeal. All ordinances or parts of ordinances in conflict or inconsistent with the provisions of this ordinance are hereby repealed. Section . Severability. If any part or parts of this ordinance are for any reason o e invalid, such decision shall not affect the validity of the remai„i rg portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council, January 14, 1957. Councilman Bagnall returned at 10:38 P. M. The City Clerk, Marie W. Clark, read a letter from the City Planning Com- mission as to Petition No. Z-202. By Councilman Ventura, seconded by Counci1+n*+ Jones and unanimously adopted, it was #22-57 RESOLVED that, the report and recommendation of the City Planning Commission dated December 21, 1956, as to Petition No. Z-202 of Peter G. and Mary A. Buckley for change of zoning classification in the Southeast 1/4 of Section 14 from RUFB to C-2 has been considered; Petition No. Z402 is hereby granted; and the City Attorney. is instructed to prepare an or- dinance amending Ordinance No. 60 in conformance with this resolution. Nixie W. Clark, City Clerk, read a letter f rom the City Planning Coos:ission as to Petition No. Z-203, and petition and letter from residents objecting to the change of zoning. Councilman Kleinert was excused at 10:58 P. M., and returned at 11:01 P. N. By Councilman Bagnall, seconded by Councilman Jones, it was #23-57 RESOLVED that, the report and recommendation of the City Planning Commission dated December 26, 1956, as to Petition No. Z-203 of Leo A. Guinan end Wi 1 i i am H. Shaw for a change of zoning in the Northeast 1/4 of Section 31 from RIND to C-1 has been considered; and Petition No. 7-203 is hereby tabled to the next regular meeting to afford the Council an op- portunity to consider this matter at greater length. A roll call vote was taken on the foregoing resolution with the following result: Page 2663 AYES: Bagnall, O'Neill, Jones and Grant. NAYS: Ventura and Kleinert. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a recommendation from the City Planning Commission as to Petition No. V-17. By Councilman Kleinert, seconded by Councilman Ventura and unanimously adopted, it was #24-57 RESOLVED that, the report and recommendation of the City Planning Commission dated December 26, 1956, as to Petition No. V-17 of Louis Sauve, et al, for the vacating of the 18 foot alley lying between Fremont and Hugh Streets, from Dover to vacated Cathedral Avenue, in the Southeast 1/4 of Section 35, is hereby approvedsubject to an easement for the full width being retained for public utilities and surface drainage; and the City Attorney is hereby instructed to prepare the necessary vacating ordinance in conformance with this resolution, Councilman Jones was excused at 11:05 P. M. Marie W. Clark, City Clerk, read a letter from the Michigan Liquor Control Commission and report from the Police Department as to transfer of SDM license. By Councilman Ventura, seconded by Councilman O'Neill, it was 125-57 RESOLVED that, pursuant to the ccamrunication from the Michigan Liquor Control Commission dated November 9, 1956, and a recommendation from the Livonia Police Department dated December 20, 1956, the Council does here- by approve the request from Harry S. White and Konst.ntin Johns to transfer ownership of a 1956 3DM license from Donald L. Germaine, 29150 Joy Road, Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Ventura, Kleinert and Grant. NAYS: None. The City Clerk read a letter from the Air Conditioning Institute as to revision of the building code. By Councilman MLeinert, seconded by Councilman Bagnall, it was #26-57 RESOLVED that, the letter dated December 19, 1956, frail Mr.Arthur KL Stringari, Executive Secretary, Air Conditioning Institute, in which a request is made for a revision of our building code, is hereby referred to the Building Code Board of Appeals for its study and recommendation. Page 266 . A roll call vote Was taken on the foregoing resolution with the following result: AYES: Bagnall, O'Neill, Ventura,Kleinert and Grant.' NAYS: None. Count lman Jones returned at 11:]4 P. M. Councilman Ventura was excused at 11:16 P. M. Councilman Bagnall read and introduced the following emergency Ordinance: No. 154 AN ORDINANCE TO AMEND SECTIONS 5, 6, 7 AND 9 OF THE FINANCIAL ORDINANCE NO. 35, AS AMENDED, OF THE CITY OF LIVONIA, ENTITLED "AN ORDINANCE PROVIDING ON BEHALF CF THE C iT OF LIVONIA A PROCEDURE FOR ACCOUNTING, TIE PURCHASING OF PROPERTY AND SERVICES, THE WING AND APPROVAL OF CONTRACTS, THE APPROVAL OF PAYMENT OF BILLS, AND THE CONTROL OF RE,CEIETS, CASH AND EXPENDITURES." THE CITY OF LIVONIA ORDAINS: Section 1. Sections 5, 6, 7 and 9 of the Financial Ordinance No. 35, as amended, of the bity of Livonia, entitled "An Ordinance Providing on Behalf of the City of Livonia a Procedure for Accounting, the Purchasing of Property and Services, the Making and Approval of Contracts, the Approval of Payment of Bills, and the Con- trol of Receipts, Cash, and Expenditures", are hereby amended to read as follows: Section . CITY AUDITOR. The term "City Auditor" as used in this ordinance mean a certified public accountant experienced in municipal accounting and engaged by the City to make the audit required by Section 12, Chapter VII, of the Charter of the City of Livonia. The City Council ;shall at least once a year designate and enter into a con- tract for the services of a City Auditor, which contract shall fix his duties and responsibilities, and determine the compensation he is to re- ceive for such services, and shall provide that such City Auditor may be directed by the Mayor to fesiat in the preparattop. of the City Budget, and to do all things necessary or incidental thereto. Section 6. GENERAL ACCOUNTANT. (a) The City Clerk shall be the General Accountant of the City and shall examine and audit all accounts and claims against the City, keep books of account of the assets, receipts and expenditures of the City, and approve all liquidated claims against the City on presentation of duly certified vouchers. (b) Pursuant to the provisions of subsection (1) of Section 7 and Section 10 of Chapter V, and Section 2 of Chapter VII of the City Charter, there is hereby created in the office of the City Clerk a Division of Account- Page 2665 ing which shall be. under the supervision of a Chief Accountant. The City Clerk shall furnish copies of excerpts thereof of all ordinances, resolutions, contracts, communications, proceedings and other matters pertaining to account- ing to such Accounting Division. Sectio 7. CCNTRACTS IN GENERAL. No contract for the purchase of property or services, or for any other purpose, shell be binding on the City of Livonia, unless and until a proper appropriation has been made by the Council sufficient to satisfy the City's obligation under such contract, and unless such contract has been duly authorized as hereinafter provided, Pur- chase of personal property or services, when properly authorized, may be made on behalf of the City or the director or head of the department obtain- ing such property or services; provided, however, that a purchase order is issued by the City Clerk as hereinafter provided, and provided further that all contracts authorized by the City Council shall be signed by the Mayor and the City Clerk. Section 9. BIDS. (a) Where the obligation of the City under a contract is Three Hundred Dollars ($300.00) or less, no bid shall be required prior to the making of such contract. Prior to the making of any contract imposing an obligation on the City of an amount greater than Three Hundred Dollars, 0300.00), the director or department head of the particular department involved, or the purchasing agent, if there be one, shall procure at least three (3) competitive bids in writing; provided, however, that less than three (3) bids may be procured where the director, department head, or purchasing agent certified in writing the reasons why three (3) bids cannot be procured, (b) In determining whether or not the amount of any purchase requires the taking of bids for materials or services, the total estimated expenditure for the entire year shall govern. The Council in its discretion shall have the right to reject any and all bids. No contract shall be awarded other than to the lowest bidder except by authority of the Council. Where the obligation of the City under a proposed contract is in excess of One Thousand Dollars ($1,000.00), sealed bids shall be solicited by advertise- ment in the official newspaper or in some newspaper of general circulation within the City, and such advertisement shall reasonably state pertinent information concerning the proposed contract and fix a period of at least seven (7) days following the date of publication within which bids shall be accepted. All advertisements for bids shall provide that bids may be re- ceived at any time up until the hour set by the Council for opening same. All bids requiring advertisement shall be opened by the City Clerk at a regular meeting of the Council next following the date of expiration of the period for submitting bids, if there be a regular meeting scheduled within a period of five (5) days following such date, and if there be none, then at a special nesting to be called within said five (5) day period. (c) Notwithstanding the foregoing provisions of this section, no bids shall be required prior to the making of a contract in the follow- ing instances: (1) In the case of an emergency which is fully explained in a written memorandum, approved by the Mayor and filed with the City Clerk; Page 2666 (2) In connection with contracts involving engineering, legal, accounting, architectural or other professional services. (3) In connection with all other contracts which are approved by resolution of the Council stating the reason or reasons for not taking bids. (d) All bids, regardless of amount, shall constitute public records and shall be preserved in the office of the City Clerk for a period of six (6) years following the date of opining. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reasonsuch holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. Section 4. This ordinance is hereby declared to be an emergency ordinance, necessary for the protection of the public health and welfare and shall take effect imaedi at ely on publication. Councilman Ventura returned at 11:21 P. N. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: Bagnall, O'Neill, Ventura, Jones and Grant. NAYS: Kleinert. The President declared the foregoing ordinance duly adopted and will becoaae effective on date of publication, January 17, 1957. The President appointed the following committee for the purpose of consider- ing the official newspaper for the City of Livonia: Councilmen O'Neill, Kleinert and Jones. On motion of Councilman Bagnall, seconded by Councilman Jones and unanimously adopted, this 1914th regular meeting of the Council of the City of Livonia was duly adjourned at 11:25 P. M., January 7, 1957. `► V• � : , C y er