HomeMy WebLinkAboutCOUNCIL MINUTES 1957-11-18 Page 3129
MINUTES OF THE TWO HUNDRED TWENTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 18, 1957, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan and was called to order at approximately 8:21 P. M., 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, Peter A.Ventura and John T.
Daugherty. Absent-- None.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#903-57 RESOLVED that, approval of the minutes of the 225th regular
meeting of the Council of the City of Livonia be tabled until the ad-
journment of this meeting.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty and O'Neill.
NAYS: Bagnall, Kleinert and Grant.
The President declared the resolution adopted.
By Councilman Daugherty, seconded by CouncilmanBagnall, it was
#9014-57 RESOLVED that, having considered the report of the Department
of Law dated November 14, 1957, the sum of $175.00 is hereby advanced
from the Unappropriated Surplus Account of the General Fund to the
Acquisition of Land Account for the purpose of purchasing the easements
necessary for the installation of the Joy Road Pump House relief line;
such sum to be returned immediately to the General Fund from the surplus
revenges of the present sewer bond issue when such becomes available.
A roll call vote was taken an the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Ventura, seconded by Councilman Daugherty, it was
#905-57 RESOLVED that, the Council, having considered the report of the
Department of Law dated November 14, 1957, does hereby exercise the right
of option contained in a contract dated October 21, 1957, by and between
Frederick P. Esper and Vera May Esper, his wife, and the City of Livonia;
said option being to purchase a 60 foot wide easement for storm and sanitary
sewer drainage purposes across certain property in Nankin Township described
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in the above contract for the sum of $5,745.00; and the City Attorney is
herein authorized and directed to immediately consummate the above trans-
action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#906-57 RESOLVED that, the Council, having considered the report of the
Department of Law dated November 1!y 1957, does hereby exercise the right
of option contained in a contract dated November 12, 1957, by and between
Inez O'Connor and the City of Livonia; said option being to purchase a 60
foot wide easement for storm and sanitary sewer drainage purposes across
certain property in Nankin Township described in the above contract for
the sum of $11,500.00; and the City Attorney is herein authorized and
directed to immediately consummate the above transaction.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
The hour of 8:30 P. M., having arrived, the City Clerk, Marie W. Clark,
opened and read the following bids for the Water Department:
DISC TYPE AND COMPOUND WATER METERS
1. Neptune Meter Company
2. Worthington-Garcon Meter Division
3. Hersey Manufacturing Company
4. Badger Meter Manufacturing Company.
Copies of the foregoing bids are on file in the office of the City Clerk.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#907-57 RESOLVED that, the foregoing bids for Water Meters be referred
to the Water and Sewer Department for report and recommendation, complete
with a summary of the bids, as requested in previous Council resolution.
WATER TAPPING CONTRACT
1. Wesley Goff, Contractor
2. MIchiganTrenching 'omnpany
Copies of the foregoing bids are on file in the office of the City Clerk.
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By Councilman Daugherty, seconded by Councilman Kleinert and unanimously
adopted, it was
#908-57 RESOLVED that, the foregoing bids for Water Tapping Contract be
referred to the Water and Sewer Department for Report and recommendation.
Marie W. Clark, City Clerk, read a letter dated November 15, 1957, from
the Chief Accountant and City Clerk, pursuant to resolution #885-57, which letter
was received and placed on file.
The following resolution was unanimously introduced and adopted by the
Council o.t the City of Livonia:
#909-57 WHEREAS, the Council having just learned of the sudden death
of Dale Fillmore, Corporation Counsel of the City of Dearborn; and
AREAS, Dale Fillmore,over the past years, and ever since the
incorporation of the City of Livonia, has many times rendered assistance
to our public officials, and has at all times been willing to cooperate
and assist our City in any way possible;
NOW, THEREFORE, BE IT RESOLVED that, the Council of the City of
Livonia does hereby express on behalf of our community, its deep sorrow
and regret at the passing of Dale Fillmore, a great public servant who was
devoted to his public duty• and further, that this resolution be forwarded
to the family of Mr. Dale Fillmore, and to the City of Dearborn.
Marie14Clark, City Clerk, read a letter dated November 13, 1957, pursuant
to resolution #853-57, from Henry S. Alper, Wonderland Shopping Center, which letter
was received and placed on file.
Councilman Ventura introduced the following Ordinance:
NO. 186
AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF EXTENSIONS, ADDITIONS
AND IMPROVEMENTS TO THE WATER SUPPLY SYSTEM OF THE CITY OF LIVONIA
AND PROVIDING FOR THE ISSUANCE OF REVENUE BONDS TO DEFRAY THE COST
THEREOF OF EQUAL STANDING WITH THE OUTSTANDING WATER SUPPLY SYSTEM
REVENUE BONDS HERETOFORE ISSUED UNDER THE PROVISIONS OF ORDINANCE
NO. 43, AS AMENDED BY ORDINANCE NO. )45, AND ORDINANCE NO. 80 OF THE
CITY OF LIVONIA.
WHEREAS, the City of Livonia by Ordinance No, 43 duly adopted on January
21, 1952, as amended by Ordinance No. 45 duly adopted on January 28, 1952, has here-
tofore issued and sold Water Supply System Revenue Bonds in the aggregate principal
sum of One Million Six Hundred Sixty Thousand ($1,660,000.00) Dollars, having serial
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maturities on March 1st of each of the years 1954 through 1991 inclusive, for the
purpose of acquiring and constructing extensions, additions and improvements to the
Water Supply System of the City of Livonia;
AND WHEREAS, the City of Livonia by Ordinance No. 80 duly adopted on March
1, 1954, has heretofore issued and sold Water Supply System Revenue Bonds, Series B,
in the aggregate principal sum of One Million Five Hundred Thousand ($1,500,000.00)
Dollars, having serial maturities on March 1st of each of the years 1955 through 1991,
inclusive, for the purpose of acquiring and constructing extensions, additions and
improvements to the Water Supply System of the City, said bonds being of equal stand-
ing and priority of lien with the bonds issued under the provisions of Ordinance No.
43, as amended by Ordinance No. 45;
AND WHEREAS, it has been determined by the City Council that it is necessary
for the public health and safety of the City of Livonia to acquire additional extensions,
additions and improvements to the Water Supply System of the City, and to pay the cost
thereof it will be necessary to issue additional revenue bonds in the aggregate
principal amount of One Million ($1,000,000.00) Dollars;
AND WHEREAS, Section 19(b) of Ordinance No. 43, as amended, authorizes the
issuance of additional bonds of equal standing with the bonds authorized by Ordinance
No. 43, as amended, as follows:
Section 19(b). For further extensions, additions or improvements
to the System, provided, that no such additional bonds shall be issued un-
less the net revenues for the completed operating year, next preceding the
issuance of the additional bonds, plus a figure representing the additional
average annual net revenues estimated to accrue from the use and operation
of the proposed extensions, additions and improvements for the first five (5)
operating years, after the construction and placing in use of the proposed
extensions, additions or improvements are equal to not less than one and
one-half (1-1/2) times the largest amount of combined principal and interest
to fall due in any future operating year on any bonds then outstanding pay-
able from the revenues of the System and on the additional bonds so to be
issued. As a condition precedent to the issuance of said bonds, a written
estimate of the annual net revenue estimated to accrue from the construction
of the proposed additions, extensions and improvements, each operating year
until the final maturity of said bonds, concurred in and executed by the
Engineer or other operating official in charge of the Wayne County Metro-
politan Water Supply System, and Engineer designated by the Municipal Finance
Commission (or such other State agency as shall have jurisdiction over the
issuance of municipal bonds) and the City Engineer of the City of Livonia,
shad be filed with the City Clerk and the Municipal Finance Commission.
Permission of the Municipal Finance Commission (or such other State agency
as shall have jurisdiction over the issuance of municipalbonds) to issue
such additional bonds shall constitute a conclusive presumption of the
existence of conditions permitting the issuance thereof.
Except as herein authorized no additional bonds having equal
standing with the bonds of this issue shall be authorized or issued.
AND WHEREAS, the net revenues of the System for the completed operating
year next preceding the issuance of the bonds in this Ordinance authorized to be
issued plus a figure representing the additional average annual net revenues estimated
to accrue free the use and operation of the proposed extensions, additions and im-
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provements for the first five (5) operating years after the construction and placing
in use of the proposed extensions, additions and improvements are equal to not less
than one and one-half (1-1/2) times the largest amount of combined principal and
interest to fall due in any future operating year on any bonds now outstanding,
payable from the revenues of the Water Supply System and on the additional bonds
herein authorized to be issued;
AND WHEREAS, all things necessary to the authorization and issuance of
said bonds under the Constitution and laws of the State of NEchigan, and Ordinances
of the City of Livonia, and particularly Act 94, Public Acts of Michigan, 1933, as
amended, and Ordinance No. 43 of the City of Livonia adopted on January 21, 1952,
as amended by Ordinance No. 45 of the City of Livonia adopted on January 28, 1952,
have been done and the City Council is now empowered and desires to authorize the
issuance of said bonds.
THE CITY OF LIVONIA ORDAINS:
Section 1. It is hereby determined and declared to be necessary for the
public health welfare of the City of Livonia to acquire and construct extensions,
additions and improvements to the Water Supply System of the City (hereinafter re-
ferred to as "the System") consisting of feeder mains, booster area facilities and
local mains as follows:
Size Length Location
16" 2800 Farmington from Six Mile to Curtis
16" 2100 Farmington from Five Mile to Myrna
16" 2600 Five Mile from Farmington to Ashurst
12" 2200 Newburgh North from Schoolcraft
20" 5300 Schoolcraft from Newburgh to Eckles Road
24" 5300 Farmington from Schoolcraft to Five Mile
24" 10700 Schoolcraft from Farmington to Newburgh
30" 5300 Farmington from Plymouth to Schoolcraft
16" 5000 Seven Mile from Exist. 12" to Proposed Tank on Haggerty Road
6" 570 Horton from Ann Arbor Trail to Ann Arbor Road
6" 2580 Houghton from Joy Road to West Chicago
8" 2580 Butwell from Joy Road to West Chicago
6" 2580 Lamont from Joy Road to West Chicago
8" 1000 West Chicago from Hix to Lamont
6" 1680 Milburn from Gable to Bretton
6" 360 Gable from Flamingo to Milburn
6" 750 Brentwood from 2001 North of Clarita to Seven Mile Road
8" 1140 Beacon from 901 West of Stark to Boston Post Road.
together with miscellaneous valves and connections, hydrants, stand pipes, booster
pumping station, and other necessary appurtenances, including right-of-way.
Section 2. The plans, specifications and estimates of cost of such ex-
tensions, additions and improvements to the System, ;rep aced by Hubbell, Roth and
Clark, Inc., consulting engineers, of Birmingham, Michigan, are hereby approved, and
the total cost thereof, including engineering, legal, financirg and incidental ex-
penses, is estimated to be One Million ($1,000,000.00) Dollars.
Section 3. The period of usefulness of said extensions additions aid im-
provements to the System is estimated to be not less than forty (i40) years.
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Section 4. To pay the cost of constructing said extensions, additions and
lift improvements to the System, including payment of engineering, legal and other ex-
penses incident thereto and incident to the issuance of said bonds, it is hereby
determined that there be borrowed upon the credit of the income and revenues of the
Water Supply System of the City of Livonia the additional sum of $1,000,000.00, and
that revenue bonds be issued therefor, under the provisions of Act 94, Public Acts of
Michigan, 1933, as amended, said bonds having equal standing and priority and being
equally secured with (a) the $1,660,000.00 Water Supply System Revenue Bonds, dated
February 1, 1952, authorized by Ordinance No. 43 of the City of Livonia as amended by
Ordinance No. 45 (said Ordinance and amending Ordinance are hereinafter referred to
as "1952 Ordinance"), and (b) the $1,500,000.00 Water Supply System Revenue Bonds,
dated April 1, 1951 , authorized by Ordinance No. 80 of the City of Livonia.
Section 5. Said additional issue of bonds shall be designated Water Supply
System Revenue Bons, Series C, and shall be, not general obligations of the City of
Livonia, but revenue bonds, payable out of the net revenues of the Water Supply
System after provision has been made for payment of expenses of operation and main-
tenance, and shall consist of one thousand (1000) bonds of the denomination of $1,000.00
each,numbered in direct order of maturity from 1 to 1000, inclusive, dated as of Jan-
uary 1, 1958, numbered and maturing March 1st of each year as follows:
Bond Nos. Principal Year of
Inclusive Amount Maturity
1/15 $15,000 1959
Lim 16/30 15,000 1960
31/50 20,000 1961
51/70 20,000 1962
71/95 25,000 1963
96/120 25,000 1961
121/145 25,000 1965
146/17o 25,000 1966
171/200 30,000 1967
201/230 30,000 1968
231/260 30,000 1969
261/295 35,000 1970
296/330 35,000 1971
331/365 35,000 1972
366/105 110,000 1973
406/445 leo,000 1974
146/1.85 10,000 1975
486/53o 145,000 1976
531/575 145,000 1977
576/62o 115,000 1978
621/670 50,000 1979
671/720 50,000 1980
721/770 50,000 1981
771/825 55,E 1982
826/88055,000 1983
881/9140 60,00o 19811
9141/1000 60,000 1985
Said bonds shall bear interest at a rate or rates not exceeding five per cent (5%)
per annum, payable on September 1, 1958, and semi-annually thereafter on March 1st
Page 3135
and September 1st of each year, both principal and interest to be payable in lawful
money of the United States of America at THE DETROIT BANK AND TRUST COMPANY, Detroit,
Michigan.
Outstanding bonds of this issue may be called for redemption as a whole,
on any interest payment date on or after March 1, 1962.
Unless called as a whole in accordance with the above provisions, bonds
numbered 1 to 530, inclusive, maturing in the years 1959 to 1976, inclusive, shall
not be subject to redemption prior to maturity.
Bonds numbered 531 to 1000, inclusive, maturing in the years 1977 to 1985,
inclusive, shall be subject to redemption prior to maturity, at the option of the City,
in inverse numerical order, on any interest payment date on or after March 1, 1970.
Bonds called for redemption shall be redeemed at par and accrued interest
plus a premium as follows:
$115.00 on each bond called for redemption prior to March 1, 1961 ;
$40.00 on each bond called for redemption on or after March 1, 1964, but prior
to March 1, 1966;
$35.00 on each bond called for redemption on or after March 1, 1966, but prior
to March 1, 1968;
$30.00 on each bond called for redemption on or after March 1, 1968, but prior
to March 1, 1970;
$25.00 on each bond called for redemption on or after March 1, 1970, but prior
to March 1, 1972;
$20.00 on each bond called for redemption on or after March 1, 1972, but prior
to March 1, 1975;
$15.00 on each bond called for redemption on or after March 1, 1975, but prior
to March 1, 1978;
$10.00 on each bond called for redemption on ar after March 1, 1978,but prior
to March 1, 1981;
$ 5.00 on each bond called for redemption on or after March 1, 1981, but prior
to March 1, 1981 .
No premium shall be paid on bonds called for redemption on or after March 1, 1984.
Thirty days' notice of the call of any bonds for redemption shall be given by publi-
cation in a paper circulated in the State of Michigan which carries as part of its
regular service, notices of sale of municipal bonds, and in case of registered bonds,
thirty days' notice shall be given by mail to the registered address. Bonds so called
for redemption shall not bear interest after the date fixed for redemption, provided
funds are on hand with the paying agent to redeem said bonds.
Said bonds may be registered as to principal only in the manner and with
the effect set forth in the face thereof, as hereinafter provided.
Said bonds shall be signed by the Mayor and countersigned by the City Clerk,
and shall have interest coupons attached bearing the facsimile signatures of said
Mayor and City Clerk, and said officials, by the execution of said bonds, shall adopt
as and for their own proper signatures their respective facsimile signatures on said
coupons.
Section 6. The Bond Reserve Account in the Bond and Interest Redemption
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Fund as established by Section 12, subsection (b) of the 1952 Ordinance shall be in-
creased an additional Seventy Thousand ($70,000.00) Dollars, so that a total Bond
Reserve Account of Two Hundred Seventy Thousand ($270,000.00) Dollars shall be
established in the manner provided by Section 12, subsection (b) of said 1952 Or-
dinance. Said additional amount shall be placed in said Bond Reserve Account not
later than the close of the operating year commencing March 1, 1961.
Section 7. The schedule of rates for water services furnished by the
System established by the 1952 Ordinance, and any subsequent amendments thereto,
and in effect in the City on the date of adoption of this Ordinance shall be re-
garded as the initial sched4e of rates for the purpose of this Ordinance. The
procedure for collection and enforcing the collection of rates shall be the same
as that set forth in the 1952 Ordinance. The right to require a deposit in such
cases where a tenant is responsible for water charges shall be the same as that pro-
vided by the 1952 Ordinance.
Section 8. Except as otherwise provided by this Ordinance, all the pro-
visions and covenants of the 1952 Ordinance shall apply to the additional bonds
issued pursuant to this Ordinance the same as though each of said provisions and
covenants were repeated in this Ordinance in detail, purpose of this Ordinance being
to authorize the issuance of additional revenue bonds to construct extensions, ad-
ditions and improvements to the Water Supply System; additional bonds of equal stand-
ing and priority of lien with those outstanding being authorized by the provisions
of Section 19 of the 1952 Ordinance upon compliance with the conditions therein
set forth.
Imo
Section 9. The proceeds of sale of the bonds herein authorized to be
issued shall be deposited in NATIONAL BANK OF DETROIT, Detroit, Michigan, a Federal
Reserve System member bank. Any premium or accrued interest paid by the purchaser
of said bonds shall be ttansferred to the Bond and Interest Redemption Fund. The
balance of the proceeds of sale shall be used only to pay the cost of the extensions,
additions and improvements herein authorized to be made and any engineering, legal
or other expenses incidental thereto. Any unexpended balance of the proceeds of
sale, after completion of the extensions, additions and improvements herein authorized
to be made, may, to the extent of $150,000.00, be used for further extensions and
improvements to the System, provided that at the time of such expenditure the ap-
proval of the Municipal Finance Commission to such use be obtained. Any balance
remaining after such expenditure shall be paid into the Bond and Interest Redemption
Fund and shall be used for the recemption of callable bonds.
Section 10. The bonds authorized by this Ordinance shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
WATER SUPPLY SYSTEM REVENUE BOND, SERIES C
tow
No. $1,000.00
KNCW ALL MEM BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne,
State of Michigan, for value received hereby promises to pay to the bearer, or if
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registered, to the registered holder hereof, but only out of the revenues of the
Water Supply System of the City, including all appurtenances, extensions, additions
and improvements thereto, the sum of
ONE THOUSAND DOLLARS
on the first day of March, A. D., 19 with interest thereon from the date hereof
until paid at the rate of per cent per annum, payable on September 1, 1958,
and semi-annually thereafter on the first day of March and September of each year,
upon presentation and surrender of the proper interest coupons hereto attached as
they severally become due. Both principal of and interest on this bond are payable
in lawful money of the United States of America, at THE DETROIT BANK AND TRUST COMPANY,
Detroit, Michigan, and for the prompt payment thereof, the gross revenues of the
Water Supply System of the City of Livonia, including all appurtenances, extensions,
additions and improvements thereto, after provision has been made for reasonable and
necessary expenses of operation, administration and maintenance, are hereby irrevocably
pledged and a statutory first lien thereon is hereby created.
This bond is one of a series of one thousand (1000) bonds of even date and
like tenor, except as to date of maturity , aggregating the
sum of $1,000,000.00, issued pursuant to Ordinance No. duly adopted by the City
Council on , 1957, and under and in full compliance with the
Constitution and Statutes of the State of Michigan, including specifically Act 9I,
Public Acts of Michigan, 1933, as amended, for the purpose of paying the cost of
acquiring and constructing extensions, additions and improvements to the Water Supply
System of the City. The bonds of this issue have equal standing and priority and are
equally secured with Water Supply System Revenue Bonds, in the aggregate principal
amount of $10660$C00.00, dated February 1, 1952, issued under the provisions of Or-
dinance No. 43 as amended by Ordinance No. 45 of the City, and with Water Supply
System Revenue Bonds, Series B, in the aggregate principal amount of $1,500,000.00,
dated April 1, 1951 , issued under the provisions of Ordinance No. 80 of the City.
For a complete statement of the revenues from which and the conditions
under which this bond is payable, a statement of the conditions under which additional
bonds of equal standing may hereafter be issued, and the general covenants and pro-
visions pursuant to which this bond is issued, reference is made to the above-
described Ordinance.
Outstanding bonds of this issue may be called for redemption as a whole,
for the purpose of refunding, on any interest payment date on or after March 1, 1962.
Unless called as a whole, in accordance with the above provisions, bonds
numbered 1 to 530, inclusive, maturing in the years 1959 to 1976, inclusive, shall
not be subject to redemption prior to maturity.
The right is reserved of redeeming bonds of this issue numbered 531 to
1000, inclusive, maturing in the years 1977 to 1985, inclusive, at the option of
the City, in inverse numerical order, on any interest payment date on or after
March 1, 1970.
Bonds called for redemption shall be redeemed at par and accrued interest
plus a premium as follows:
0,5.00 on each bond called for redemption prior to March 1, 1964;
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$10.00 on each bond called for redemption on or after March 1, 1961, bur prior
to March 1, 1966;
$35.00 on each bond called for redemption on or after March 1, 1966, but prior
to March 1, 1968;
$30.00 on each bond called for redemption on or after March 1, 1968,but prior to
March 1, 1970;
$25.00 on each bond called for redemption on or after March 1, 1970, but prior
to March 1, 1972;
$20.00 on each bond called for redemption on or after March 1, 1972, but prior
to March 1, 1975;
$15.00 on each bond called for redemption on or after March 1, 1975, but prior
to March 1, 1978;
$10.00 on each bond called for redemption on or after March 1, 1978, but prior
to March 1, 1981;
$ 5.00 on each bond called for redemption on or after March 1, 1981, but prior
to March 1, 1984;
No premium shall be paid on bonds called for redemption on or after March 1, 1981.
Thirty days' notice of the call of any bonds for redemption shall be given by publica-
tion in a paper circulated in the State of Michigan which carries, as part of its
regular service, notices of sale of municipal bonds, and in case of registered bonds,
thirty days' notice shall be given by mail to the registered address. Bonds so
called for redemption shall not bear interest after the date fixed for redemption,
provided funds are on hand with the paying agent to redeem said bonds.
This bond is a self-liquidating bond, and is not a general obligation of
the City of Livonia, and does not constitute an indebtedness of the City of Livonia
within any Constitutional or statutory limitation, and is payable, both as to principal
and interest, solely from the revenues of the Water Supply System of the City. The
principal and interest on this bond are secured by the statutory first lien herein-
before mentioned.
The City of Livonia hereby covenants and agrees to fix and maintain at
all times while any of the bonds shall be outstanding such rates for service furnished
by said Water Supply System as shall be sufficient to provide for the payment of the
interest upon and the principal of all such bonds as and when the same become due and
payable, to create a bond and interest redemption fund (including a Bond Reserve Account)
therefor, to provide for the payment of expenses of administration and operation and
such expenses for maintenance of said Water Supply System as are necessary to pre-
serve the same in good repair and working order, and to provide for such other ex-
penditures and funds for said System as are required by said Ordinance.
This bond and the interest thereon are exempt from any and all taxation
whatsoever by the State of Michigan or by any taxing authority within said State.
This bond may be registered as to principal only on the books of the City
Treasurer in the name of the holder, and such registration noted on the back hereof
by the City Treasurer, after which no transfer shall be valid unless made on the books
and noted hereon in like manner, but transferability by delivery may be restored by
registration to bearer. Such registration shall not affect the negotiability of the
interest coupons.
It is hereby certified and recited that all acts, conditions and things re-
quired by law precedent to and in the issuance of this bond and the series of bonds of
which this is one have been done and performed in regular and due time aid form as re-
quired by law.
Page 3139
IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan,
by its City Council, has caused this bond to be signed in the name of saidclty by
its Mayor and to be countersigned by its City Clerk and the corporate seal of the
City to be affixed hereto, and has caused the interest coupons hereto attached to be
signed by the facsimile signatures of said Mayor and City Clerk, all as of the first
day of January, A. D., 1958.
CITY CIF LIVONIA
By
(Seal) Mayor
Countersigned:
City Clerk
(Form of Coupon)
No.
On the first day of , A. D. 19 , unless the bond to which
this coupon pertains shall have been called for redemption, the CITY OF LIVONIA,
County of Wayne, State of Michigan, will pay to the bearer hereof the sum of
Dollars, in the manner and out of the revenues
described in said bond, at THE DETROIT BANK AND TROST COMPANY, Detroit, Michigan,
being the semi-annual interest due that date on its Water Supply System Revenue Bond,
Series Co dated January 1, 1958, NO.
This coupon is not a general obligation of the City of Livonia but is payable
from certain revenues as set forth in the bond to which it pertains.
Mayor
City Clerk
REGISTRATION
NOTHING TO BE WRITTEN HEREON EXCEPT BY THE
CITY TREASURER.
Date of Registration Name of Registered Owner Registrar
•
•
•
• s
•
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Section 11. The bonds herein authorized may be issued in blocks of less
than the entire aggregate principal amount to provide funds as needed to construct
the extensions, additions and improvements herein authorized. In such event, the
City Council shall determine, by resolution, the aggregate principal amount of said
authorized bonds to be sold, and the City Treasurer shall select the numbers and
maturities of such authorized block to be sold.
Section 12. The City Clerk is hereby authorized and directed to make ap-
plication to the Municipal Finance Commission for authority to issue and sell said
bonds and for approval of the form of notice of sale thereof, or for any block thereof,
in accordance with the provisions of Act 202, Public Acts of Michigan, 1943, as amended,
and of Act 94, Public Acts of l'iichigan, 1933, as amended.
Section 1 . If any section, paragraph, clause or provision of this Or-
dinance shall be held invalid, the invalidity of such section, paragraph, clause or
provision shall not affect any of the other provisions of this Ordinance.
Section 14. All ordinances, resolutions or orders or parts thereof, in
conflict with the provisions of this Ordinance are to the extent of such conflict
hereby repealed.
Section 15. This Ordinance shall be recorded in the minutes of the meet-
ing of the City Council at which it was adopted, as soon as practicable after its
passages which record shall be authenticated by the signatures of the Mayor and City
Clerk, and shall be published once in The Livonian, a newspaper of general circulation
in said City, within one week after its adoption.
Section 16. This Ordinance shall become effective immediately upon its
adoption.
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
The President declared the Ordinance duly adopted and will become effective immediately.
By Councilman Bagnall, seconded by Councilman Kleinert, it was resolved
that
#910-57 WHEREAS, by Ordinance No. 186 adopted on November 18, 1957,
the City Council of the City of Livonia has authorized the issue of
$1,000,000.00 Water Supply System Revenue Bonds„Series C, dated January
1, 1958;
IT IS HEREBY RESOLVED that the City Clerk cause notice of sale
of said bonds to be published in the Bond Buyer, New York, New York, as
soon as the form of such notice is approved by the Municipal Finance Com-
mission setting the date of sale for the first regular or special meeting
of tie City Council occurring more than fourteen (14) days after such
publication.
Page 3141
RESOLVED FURTHER, that said notice be in substantially the follow-
ing form, subject to any change that may be required by the Municipal
Finance Commission:
NOTICE OF SALE
$ 1,000,000.00
CITY OF LIVONIA, COUNTY OF WAYNE
MICHIGAN
WATER SUPPLY SYSTEM REVENUE BONDS, SERIES C
Sealed bids for the purchase of $1,000,000.00 Water Supply System Revenue
Bonds of the City of Livonia, County of Wayne, Michigan, will be received by the under-
signed at the City Hall in the City of Livonia, Michigan, until 8:00 o'clock p. m.,
Eastern Standard Time, on the day of , 1958,
at which time and place said bids will be publicly opened and read.
The bonds will be dated January 1, 1958, and will consist of one thousand
(1000) bonds at $1,000.00 each, numbered consecutively in direct order of maturity
from 1 to 1000, both inclusive, payable serially as follows:
$15,000.00 March 1st of each of the years 1959 to 1960;
$20,000.00 March 1st of each of the years 1961 to 1962;
$25,000.00 March 1st of each year from 1963 to 1966, both inclusive;
$30,000.00 March 1st of each year from 1967 to 1969, both inclusive;
$35,000.00 March 1st of each year from 1970 to 1972, both inclusive;
$40,000.00 March 1st of each year from 1973 to 1975, both inclusive;
$45,000.00 March 1st of each year from 1976 to 1978, both inclusive;
$50,000.00 March 1st of each year from 1979 to 1981, both inclusive;
$55,000.00 March 1st of each of the years 1982 and 1983;
$60,000.00 March 1st of each of the years 1984 and 1985.
Said bonds shall be coupon bonds, registrable as to principal only on the books of the
City Treasurer, and shall bear interest at a rate or rates not exceeding five per cent
($5%) per annum, expressed in multiples of 1/4 of 1%, payable onSeptember 1, 1958,
and semi-annually thereafter on March 1st and September is t of each year. The interest
rate for each coupon period on any one bond shall be at one rate only. Both principal
and interest will be payable at THE DETROIT BANK AND TRUST COMPANY, Detroit,Michigan.
Accrued interest to the date of delivery of said bonds shall be paid by the purchaser
at time of delivery.
Outstanding bonds of this issue may be called for redemption as a whole,
on any interest payment date on or after March 1, 1962.
Unless called as a whole in accordance with the above provisions, bonds
numbered 1 to 530, inclusive, maturing in the years 1959 to 1976, both inclusive,
shall not be subject to redemption prior to maturity.
Bonds numbered 531 to 1000, both inclusive, maturing in the years 1977 to
1985, both inclusive, shall be subject to redemption prior to maturity, at the option
of the City, in inverse numerical order, on any interest payment date on or after
March 1, 1970.
Page 3142
Bonds called for redemption shall be redeemed at par and accrued interest
plus a premium as follows:
$115.00 on each bond called for redemption prior to March 1, 1964;
$40.00 on each bond called for redemption on or after March 1, 1964, but prior
to March 1, 1966;
$35.00 on each bond called for redemption on or after March 1, 1966, but prior
to March 1, 1968;
$30.00 on each bond called for redemption on or after March 1, 1968, but prior
to March 1, 1970;
$25.00 on each bond called for redemption on or after March 1, 1970, but prior
to March 1, 1972;
$20.00 on each bond called for redemption on or after March 1, 1972, but prior
to March 1, 1975;
$15.00 on each bond called for redemption on or after March 1, 1975, but prior
to March 1, 1978;
$10.00 on each bond called for redemption on or after March 1, 1978,but prior
to March 1, 1981;
$ 5.00 on each bond called for redemption on or after March 1, 1981, but prior
to March 1, 1984;
No premium shall be paid on bonds called f or redemption on or after March 1, 1984.
Thirty days' notice of the call of any bonds for redemption shall be given by publica-
tion in a paper circulated in the State of Michigan whichaarries, as part of its
regular service, notices of sale of municipal bonds, and in case of registered bonds,
thirty days' notice shall be given by mail to the registered address. Bonds so
called for redemption shall not bear interest after the date fixed for redemption,
provided funds are on hand with the paying agent to redeem said bonds.
For the purpose of awarding the bonds, the interest cost of each bid will
be computed by determining, at the rate or rates specified therein, the total dollar
value of all interest on the bonds from (here insert the first day of the month next
following the date of receiving bids, or the date of the bonds, whichever is later)
to their maturity and deducting therefrom any premium. The bonds will be awarded
to the bidder whose bid on the above computation produces the lowest interest cost
to the City. No proposal for purchase of less than all of the bonds herein offered,
or at a price less than 100% of their par value will be considered.
Said bonds are not a general obligation of the City of Livonia, but are
payable solely from the revenues of the Water Supply System of the City and are a
first lien on all such revenues, subject only to payment of expenses of operation
and maintenance.
Additional bonds having equal standing with the bonds of this issue may
be issued but only for the purposes and on the terms and conditions expressed in
the authorizing Ordinance.
Said bonds are to be issued under Act 94, Public Acts of Michigan, 1933,
as amended, and pursuant to authorization contained in Ordinance No. 186 duly
adopted by the City Council on November 18, 1957, for the purpose of paying the
cost of constructing additions, extensions and improvements to the Water Supply
System of the City, and for the payment of the principal of and interest on said
bonds and on any additional bonds of equal standing issued pursuant to the terms
Page 31143
of said Ordinance, a statutory first lien has been created on the net revenues of
the System, including any additions, extensions and improvements thereto. Said bonds
shall be of equal standing with the $1,660,000.00 Water Supply System Revenue Bonds
dated February 1, 1952, issued under the provisions of Ordinance No. 43 as amended
by Ordinance No. 45 of the City, and with the $1,50°,000.00 Water Supply System
Revenue Bonds, Series B, dated April 1, 1951 , issued under the provisions of Ordinance
No. 80 of the City.
A certified or cashier's check in the amount of $20,000.00, drawn upon an
incorporated bank or trust compa t, payable to the order of the City Treasurer, must
accompany each bid as a guaranty of good faith on the part of the bidder, to be
forfeited as liquidated damages if such bid is accepted and the bidder fails to take
up and pay for the bonds. No interest will be allowed on the good faith checks, and
checks of unsuccessful bidders will be returned promptly to each bidder's representa-
tive or by registered mail.
Bids shall be conditioned upon the unqualified opinion of Miller, Canfield,
Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the
bonds, which opinion will be furnished without expense to the purchaser of the bonds
prior to the delivery thereof. Executed bonds will be delivered to the purchaser
without expense. Bonds will be delivered at the paying agent bank or at such other
place as may be agreed upon with the purchaser.
The right is reserved to reject any or all bids.
Envelopes containing the bids should be plainly marked "Proposal for
Bonds."
City Clerk
RESOLVED FURTHER, that all resolutions and parts of resolutions
insofar as they conflict with the provisions of this resolution be and they
hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#911-57 RESOLVED that, pursuant to the request of the Director of Public
Works dated November 13, 1957, the temporary employment of Mr. Edwin M.
Orr, as Acting City Engineer, is hereby extended until the position of City
Engineer is permanently filled through Civil Service, but not to exceed a
period of ninety (90) days commencing November 14, 1957; that his salary
shall be the same as presently authorized, that is $1,000.00 per month;
and further, that the sum of $1,000.00 is hereby transferred from the Un-
appropriated Surplus Account of the Budget to Budget Account No. 1-A of the
Engineering Division for the above purpose.
A roll call vote was taken on the foregoing resolution with the following result:
Page 3144
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#912-57 RESOLVED that, the Civil Service Commission is herein requested
to immediately advertise, once more, after discussion with the Director of
Public Works, to fillthe presently vacant position of City Engineer and is
authorized to establish a minimum starting salary of $15,000.00 for such
position.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Ventura and unanimously
adopted, it was
#913-57 RESOLVED that, the Council having adopted resolution #509-57 at
its regular meeting held on July 1, 1957, requiring the City Engineer to
ascertain the assessed valuation of all property affected by the following
proposed improvement: Paving of Antago Avenue between Grand River and
Long Avenue in the City of Livonia; the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and to prepare or cause to be prepared
plans and specifications therefor and an estimate for the cost thereof,
and to file the same with the City Clerk, together with his recommendation
as to what 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 land which should
be included in the proposed special assessment district; and it appearing
to the Council that all of such information, estimate, plans and specifica-
tions and recommendations have been properly filed by the City Engineer
with the City Clerk under date of November 11, 1957, and that there has
been a full compliance with all of the provisions of Section 6 of Ordinance
No. 31, as amended, entitled, ”An Ordinance to Provide for the Makin g of
Public Improvements, Defraying the Expense Thereof by Special Assessment
and a Special Assessment Procedure", the Council does hereby set January
9, 1958, at 8:00 P. L, as the date and time for a public hearing on such
proposed improvement,w hich public hearing shall be held before the Council
in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to
Sections 8 and 9 of said Ordinance No. 31, as amended, and the City Clerk
is hereby authorized to give notice and publication of such hearing as is
required by Section 7 of said Ordinance.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#914-57 RESOLVED that, pursuant to the report and recommendation of the
Assistant City Engineer and Director of Public Works dated November 8, 1957,
the Council does herein release the balance cf $1 ,240.65 due Chris Nelsen
& Son, Inc., 115 E. Hudson Street, Royal Oak, on their contract with the
Page 31115
City dated December 18, 1956, for the installation of storm sewers in
Botsford Park Subdivision, it appearing that all claims filed against this
project have been satisfactorily adjusted; and the City Clerk and City
'Measurer are herein authorized to do all things necessary to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert aid Grant.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#915-57 RESOLVED that, pursuant to the report and recommendation of the
Assistant City Engineer and Director of Public Works dated November 8, 1957,
the Council does herein release the balance of $1,238.70 due Chris Nelsen
& Son, Inc., 415 E. Hudson Street, Royal Oaks on their contract with the
City dated March 25, 1957s for work done on the Ashcroft Drain, it appear-
ing that all claims filed against this project have been satisfactorily
adjusted; and the City Clerk and City Treasurer are herein authorized to
do all things necessary to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
Marie W. Clark, City Clerk, read a letter dated November 18,1957, from the
Police Commissioner regarding William Smith, applicant f or appointment as Constable.
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#916-57 RESOLVED that, pursuant to the request of Leo O. Nye, Municipal
Judge, dated August 30, 1957, and having considered the report of the
Iivonia Police Department dated November 18, 1957, and it appearing that the
person named hereinafter is a duly qualified and registered elector of the
City and has continuously resided in the City for more than two (2) years
immediately prior to this date, and in accordance with Section 2, Chapter V
of the Charter and ;arsuant to the authority contained in Ordinance No.13
of the City of Livonia, the Council does herein appoint William H. Smith,
14829 Farmington Road, Livonia, as constable for the City of Livonia with
all such powers asmay be conferred upon constables by the laws of Michigan,
Charter and Ordinances of the City of Livonia and any resolutions of this
Council.
By CouncilmanVentura, seconded by Councilman Bagnall, it was
#917-57 RESOLVED that, pursuant to the request of the Chief Inspector
dated November 5, 1957, and approved by the Mayor and Budget Director on
November 6, 1957, the sum of $300.00 is hereby transferredfrom the Bureau
Page 3]1.6
of Inspection Budget Account #70-A to Bureau of Inspection Budget
Account #1-R.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Jones, it was
#918-57 RESOLVED that, the Department of Law is hereby directed to reply
to the letter received from Benjamin D. Burdick, attorney-at-law, dated
November 8, 1957, in conn ction with the property located at 33115 Five
Mile Road, Livonia, indicating that the Council does not contemplate the
purchase of such property at this time, and stating the reasons therefor.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Daugherty, O'Neill, Bagnall and Grant.
NAYS: Ventura and Kleinert.
The President declared the resolution adopted.
At 9:22 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.
By Councilman Daugherty, seconded by Councilman O'Neill and unanimously
adopted, it was
#919-57 RESOLVED that, pursuant to the request of the Fire Commissioner
contained in a letter to the Mayor dated November 11, 1957, the Council
does herein authorize the Fire Commissioner to advertise to receive bids
and terms of purchase for a 1000 G.P.M. pumping engine and a 100 foot
aerial ladder apparatus.
Councilman Kleinert introduced the following Ordinance:
N0.
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 Com-
mission dated April 19, 1957, on Petition No. V-19, dated July 18, 1957, on Petition
No. V-20, dated August 27, 1957, on Petition No. V-22 and dated September 25, 1957,
Page 31147
on Petition No. V-21 and Petition No. V-23 for vacating portions of certain streets,
alleys and public ground are hereby accepted and adopted, and the Council does hereby
approve all proceedings on said petitions, it appearing that a public hearing thereon
was duly held on April 16, 1957, July 16, 1957, August 20, 1957 and September 24, 1957,
as provided by law and that 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) That certain easement described in Petition No. V-19 being
more properly described as the 12 foot public utility easement which
presently extends across Lot 7, Bell Creek Farms Subdivision No. 1 in a
north-south direction and parallel to Bell Creek Lane, such subdivision
being a part of the Northwest 1/4 of Section 15, Town 1 South, Range 9
East, City of Livonia, Michigan; provided, however, that the vacating
of this easement is subject to and conditioned on the City of Livonia
receiving another satisfactory easement, 12 feet in width, for public
utility purposes across the above referred to parcel of property.
(b) That certain easement described in Petition No. V-20 being
more properly described as the 10 foot drainage easement between Lots 126
and 127 of Thomas F. O'Connor's Parkview Acres Subdivision located in the
Southeast 1/4 of Section 12, Town 1 South, Range 9 East, City of Livonia,
Michigan.
(c) That certain easement described in Petition No. V-21 being
more properly described as the 12 foot easement at the rear of lots 168
and 169 of Storm and Fowler's Country Crest Subdivision, part of the North-
east 1/4 of Section 2, Town 1 South, Range 9 East; provided, however, that
the vacating of the above described easement is subject to and conditioned
on the City of Livonia receiving a 12 foot easement for public utilities
along the north and east lot lines of said Lot 128 and a 12 foot easement
for public utilities along the north 12 feet of said Lot 169 of the above
referred to subdivision.
(d) Those certain alleys described in Petition No. V-22 being
more properly described as follows:
The 20 foot public alley extending in an east-west direction
and situated immediately south of Lots 194 thru 204, inclusive,
and Lots 263 thru 275, inclusive, of the Five-Elm Park Sub-
division;
The 20 foot public alley extending in a north-south direction
presently situated immediately at the rear of Lots 165 thru 193,
inclusive, and Lots 205 thru 233, inclusive;
The 20 foot public alley extending in a north-south direction
presently situated immediately at the rear of Lots 234 thru 262,
inclusive, and Lots 276 thru 301 , inclusive, of the Five-Elm
Park Subdivision;
such subdivision being a part of the Northwest 1/4 of Section 24, Town 1
Page 3148
South, Range 9 East, City of Livonia, Michigan; provided, however, that
there be and hereby is reserved an easement for a full width of the present
alleys for public utilities and surface drainage purposes.
(e) Those certain easements described in Petition No. V-23 being
more properly described as follows:
The 12 foot easement for public utilities presently situated
on the south side of Lot 26;
The 12 foot easement Dor public utilities presently situated
on the south side of Lot 99;
The 18 foot easement for public utilities presently situated
at the rear of Lots 26 to 34, inclusive;
all of such lots being in the B.E.Taylor's Como lake Subdivision, a part
of the Northeast 1/4 of Section 24, Town 1 South,Range 9 East, City of
Livonia, Iii Chi gan,
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 remain-
ing pprtion of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
Councilman Ventura introduced the following Ordinance:
NO.
AN ORDINANCE TO AMEND SECTION 5 AND TO ADD THERETO SECTION 11,
OF ORDINANCE NO. 148 ENTITLED "AN ORDINANCE FOR TIE PURPOSE OF
CONTROLLING OR ERADICATING POISONOUS, INJURIOUS AND OTHER WEEDS
ON CERTAIN LANDS WITHIN THE CITY OF LIVONIA, PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT THEREOF AND ESTABLISHING THE
RIGHT OF THE CITY OF LIVONIA TO REIMBURSEMENT."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 5 of the Weed Ordinances Ordinance No. 148 of the City
of Livonia is hereby amended to read as follows:
Section 5. Requirement of Notice, Abatement. Where it has
been established that poisonous or injurious weeds, or weeds exceeding
one (1) foot high in height are present on any lot or parcel of land as
hereinbefore described, the Department of Health shall notify the owner,
occupant, and/or agent of the owner in writing to destroy such weeds
Page 3119
within fifteen (15) days. If none of these parties can be found, the notice
may be posted upon the same premises on a card not smaller than eight (8)
by ten (10) inches. Upon the failure, neglect or refusal of any such owner,
occupant and/or agent of the owner, to abate the stated violation within the
stated time the Department of Health shall request the Department of Public
Works to assign employees to enter upon such land and to destroy such weeds
by spraying, cutting and/or other methods acceptable to the Department of
Health.
Any such owner, occupant and/or agent of the owner failing to
abate the stated violation within the stated time contained in the above
referred to notice shall be deemed to be in violation of this ordinance.
The Bureau of Inspection and the Department of Health shall ad-
minister the provisions of this ordinance and shall take all actions nec-
essary to enforce same.
Section 2. Section 11 is hereby added as follows:
Section 11. Penalty. Any person, firm or corporation who shall
violate or fail to comply with any of the provisions of this ordinance, or
any of the regulations adopted in pursuance hereof, or who shall hamper,
impede or interfere with the performance of the duties of any official or
agent of the Bureau of Inspection or other officer under the provisions of
this ordinance, shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not exceeding Five Hundred Dollars ($500.00),
or by imprisonment not exceeding ninety (90) days, or by both such fine and
imprisonment in the discretion of the court. Each act of violation and
every day upon which such violation shall occur shall constitute a separate
offense.
Section 3. All o rdinances or parts of ordinances in conflict herewith are
hereby repealed oiily to the extent necessary to give this ordinance full force and
effect.
Section I . 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.
Councilman Daugherty introduced the following Ordinance:
NO.
AN ORDINANCE TO AMEND SECTION 13 OF ORDINANCE NO. 135, ENTITLED,
"AN ORDINANCE REGULATING THE MAKING, FILING, APPROVING AND RE-
JECTING OF PLATS: AND PROVIDING FOR MINIMUMIVTROVENENT , IN-
SPECTION OF LAND AND IMPROVEMENTS, FILING OF BOND, INSPECTION,
ENGINEERING AND FILING FEES, HIRING OF ENGINEERING CONSULTANTS,
ADMINISTRATION OF THIS ORDINANCE, ADOPTION OF REGULATIONS HERE-
UNDER ANDZNALTIES FOR VIOLATION HEREOF."
Page 3150
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 13 of Ordinance No. 135 of the City of Livonia entitled,
"Plat Ordinanoe'i is hereby amended to provide as follows:
Section 13. Minimum Requirements as to Improvements. Minimum
requirements as to improvements, as to kind, description, quality and quantity,
in or on any lands within a proposed plat are hereby established as follows:
(a) Roads,Streets and Sidewalks. All roads, streets and side-
walks shall be furnished and constructed in conformance with the
Subdivision Regulations and the Master Plan of the City of Livonia,
as heretofore or hereafter adopted by the Planning Commission
•
1. Residential Streets.
(a) Concrete paving with monolithic curb and gutter
thirty-one (31) feet back to back of curbs 8-6-8 pave-
ment design.
CO Alternate. Concrete curb and gutter, 18 inch
apron 31 feet back to back of curbs, 6 inches compacted
slag, 2 inches compacted gravel, 2 inches hot mix
asphalt surface.
2. Half Mile Roads.
Concrete paving with monolithic curb and gutter 34 feet
back to back of curbs 9-7-9 pavement design.
3. A11 manholes, watergates, hydrants and shut off boxes
to be adjusted to proper grade in relation to curb and
sidewalk.
4. All subdivision monuments to be checked after all
improvements are installed and to be corrected or re-
placed as necessary and set to within 2 inches of
finish grade.
5. Except as otherwise provided in this ordinance,
sidewalks shall be constructed five (5) feet in width
and shall be constructed from curb to sidewalk at all
street intersections and shall be, in all other respects,
constructed in accordance with the plans and specifica-
tions for sidewalks prepared by the Department of Public
Works.
6. Street signs shall be furnished and installed in
conformance with the Subdivision Regulations.
7. That the Council may require roadway widths and
d esigns in excess of the above specifications whenever
deemed necessary for the safety and welfare of the
people of Livonia,
Page 3151
8. Notwithstanding the requirements heretofore set
forth in this section, when 80% or more of the total
number of lots within a proposed plat or subdivision
have an area of at least 9,600 square feet and front
lot line dimensions of at least 80 feet in width, then
as to such proposed plats and subdivisions, sidewalks
shall be constructed four (4) feet in width and
residential streets and roads within such proposed
plats and subdivisions may be constructed thirty-one
(31) feet wide of 6 inch compacted slag, 2 inch com-
pacted gravel and 2 inch hot mix asphalt surface,
without curb and gutters; provided, however, that
where 80% or more of the total number of lots in such
proposed plats or subdivisions have an area of at least
15,000 square feet, then sidewalks shall be optional,
but if constructed shall be four (4) feet in width and
streets and roads within such proposed plats ar sub-
divisions may be improved in the above manner and con-
structed twenty-five (25) feet in width, however, that
half-mile roads shall in all cases be a minimum of
thirty-one (31) feet in width, and shall be improved
as above set forth; provided further, that improvements
of such design conform to or are in excess of improve-
ments a lready constructed, or proposed for construction,
in a majority of the immediately surrounding subdivisions.
(b) Trees. All trees shall be purchased and planted by the De-
partm;Era Parks and Recreation; the proprietor of each proposed
plat or subdivision shall deposit in a special fund to be desig-
nated as a "Tree Fund", the sun of Twenty Dollars (20 .00) for
each lot in said proposed plat or subdivision. Said sums so de-
posited shall be held in escrow in a special fund to be used only
for the purchasing, planting and maintaining of trees throughout
the recorded subdivisions.
(c) Grade Level. The rear grade level of each lot shall be in
conformity with the grade level as indicated in the plans and
specifications submitted to the Department.
(d) Other Improvements. All other improvements not specifically
mentioned in this section shall be constructed and installed in
conformance with the Subdivision Regulations, and the regu]a tions
of the Department.
The establishment of the foregoing minimum requirements shall not
in any way prevent the Council from imposing such additional requirements
as may be authorized by law, including the Platting Act.
Section 2. Ordinances Nos. 160 and 175 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 or-
dinance full force and effect.
Se ction 3. Should any portion of this ordinance be held invalid for any
Page 3152
reason, such holding shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#9201-57 RESOLVED that, the proposed ordinance establishing R-L District
Regulations is hereby referred to the City Planning Commission for its
study, consideration and a public hearing thereon.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#921-57 RESOLVED that, Petition No. V-27 of Eugene and Carol Magee and
Joseph and Mary Koenig, wherein they request the vacating of a certain
public utility easement and the relocating thereof, is hereby referred
to the City Planning Commission for action according to law and Ordinance
No. 29.
By Councilman Ventura, seconded by Councilman O'Neill, it was
RESOLVED that, pursuant to the power and authority vested in
the Council by Section 30, Chapter IV of the Charter of the City of Livonia,
the Council does herein establish the salary and compensation of the
Municipal Judge for the term of that office commencing July 14, 1958,
at $8,1100.00 per annum, such salary as authorized herein shall be payable
monthly.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#922-57 RESOLVED that, action on salary for the Municipal Judge be
tabled pending a decision of the Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: Ventura.
The President declared the resolution adopted.
After discussion by the Council as to the salary of the Municipal Judge,
the President called for a vote on the previous resolution. Councilman Daugherty
challenged the ruling of the chair on the basis that the previous resolution had
been tabled.
Page 3153
The President relinquished the chair to the Vice President at 10:00 P.M.
A roll call vote was conducted on the challenge to the ruling of the chair with
the following result:
AYES: Jones, Ventura, Kleinert and Grant.
NAYS: Daugherty, Bagnal1 and O'Neill.
The Vice President declared the ruling of the chair to be upheld.
The President resumed the chair at 10:02 P. M.
A roll call vote was conducted on the resolution establishing the salary for the
Municipal Judge at $8,400.00, with the following result:
AYES: Ventura, O'Neill and Grant.
NAYS: Jones, Daugherty, Bagnall and Kleinert.
The President declared the resolution denied.
By Councilman Jones, seconded by Councilman Bagnall, it was
#923-57 RESOLVED that, pursuant to the power and authority vested in
the Council by Section 30, Chapter IV of the Charter of the City of Livonia,
the Council does herein establish the salary and compensation of the
Municipal Judge for the term of that office commencing July 4, 1958, at
$7,800.00 per annum, such salary as authorized herein shall be payable
monthly.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Daugherty, O'Neill, Bagnall and Kleinert.
NAYS: Ventura aid d Grant.
The President declared the resolution adopted.
By Councilman Jones, seconded by- Councilman Bagnall, it was
#924-57 RESOLVED that, the Council suspend the rules of procedure to
take care of an item not on the agenda.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, 'Ventura, Daugherty, O'Neill, Bagnall, Kleinert and Grant.
NAYS: None.
*Councilman Ventura abstained from voting which is recorded as a yes vote, under
the provisions of Ordinance No. 27, Section 19.
Page 31,5)
Marie W. Clark, City Clerk, read a letter from the Michigan Liquor Control
Commission and recommendation of the Police Department regarding transfer of SDM
license for George L. Spiro.
By Councilman Kleinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#925-57 RESOLVED that, pursuant to the communication from the Michigan
Liquor Control Commission dated October 21, 1957, and a recommendation
from the Livonia Police Department dated November 18, 1957, theCouncil
does hereby approve the request of George L. Spiro to transfer ownership
of SDM license from Ridley S. and Genevieve McBroom, at 152511 Middle Belt
Road, Livonia, Michigan.
On motion of Councilman Ventura, seconded by Councilman Jones and
unanimously adopted, this 226th regular meeting of the Council of the City of
Livonia was adjourned to Monday, November 25, 1957, at 8:00 o'clock P. M., the
time of this adjournment being 10:17 P. M., November 18, 1957.
Marie W. Clark, City Clerk