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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-11-07 ADJOURNED Page 2093 MINUTES OF THE ADJOURNED ONE HUNDRED FIFTY-THIRD REGULAR MRFTING OF THE COUNCIL OF TIS CITY OF LIVONIA On November 7, 1955, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order a,)proximately 0:10 P. M., by the President of the Council, John T. Daugherty. Roll was called with the following result: Present--- John T. Daugherty, Harry R. KiLlam, Rudolf R. Kleinert, John W. Whitehead, Nettie Carey and Wilson W. Edgar. Absent-- David L. Jones. Councilman Edgar introduced the following Ordinance: No. 117 AN ORDINANCE ESTABLISHING E ECTION PRE'JINCTS WITHIN THE CITY OF LIVONIA, FIXING THE, ECU ND- ARIES THEREOF, AND PROVIDING FOR THE PUBLICA- TION AND POSTING OF I,Di1ICE THEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. That the City of Livonia shall be divided into sixteen (16) election precincts, numbered from one (1) to sixteen (16), and respectively con- sisting of areas as described hereinafter. Section 2. That election precinct number one shall include: All that area of City lying North of the center of Six Mile Road and West of the center of Hubbard Road (or West of number 32400 on Six hile Road, 32300 Seven Mile Road and 32400 Eight Mile Road). Section 3. That election precinct number two shall include: All that area of City bounded on the North by the Chesapeake and Ohio Railway, on the East by the center of Merriman Road, on the South by the center of West Chicago Road, and on the West by the center of Hubbard Road and an imaginary line extending North to the rail- road. Section 4. That election precinct number three shall include: All that area of City lying 'lest of the center of Hubbard Road and an imaginary line extending South to the Chesapeake and Chic Railway, between the center of Six Mile Road and the center of the Chesapeake and Ohio Railway and extending along the center of Amrhein Road. Section 5, That election precinct number four shall include: All that area of City lying between the center line of the Chesapeake and Ohio Railway, as extended along the center of Amrhein Road, and the center of Plymouth Road, between the center of Newburgh Road and the center of Farmington Road; Also that area of City lying South of the center of Plymouth Road, between the center of Farmington Road and the center of Wayne Road. Section 6, That election precinct number five shall include: All that area Page 2094 of City lying North of the center of Six lane Road and East of the center of Middle Belt Road. Section 7. That election precinct number six shall include: All that area of City lying Last of the center of Harrison Avenue, between the center of Plymouth Road and the center of -Jest Chicago Road. Section S. That election precinct number seven shall include: All that area of City lying Fast of the center of Middle Belt Road, between the center of Six Mile Road and. the center of the Chesapeake and Ohio Railway. Section 9. That election precinct number eight shall include: All that area of City lying East of the center of Middle Belt Road, between the center of the Chesapeake and Ohio R.9;lwa and the center o Plymouth Road, Also, that area of City bounded by the center lines of Plymouth Road, Harrison Avenue, West Chicago Road and Middle Belt Road. Section 10. That election precinct number nine shall include: All that area of City lying East of the center of Middle Belt Road and South of the center of Jest Chic ago Road. Section 11. That election precinct number ten shall include: All that area City lying South of the center of the Chesapeake and Ohio Railway, between the center of Henry Ruff Road (and an imaginary line extending North to the Chesapeake and Ohio Railway) and the center of Middle Belt Road. Sectiln 1.2. That election precinct number eleven shall include: All that area of City lying ,oath of the center of the Chesapeake and Ohio Railway, between the center of Henry Ruff Road (and an imaginary line extending North to the Chesapeake and Ohio Railway) and the center of Merriman Road. Section 13. That election precinct number twelve shall. include: All that area of City lying South of the center of vest Chicago Road, between the center of Merriman Road and the center of Columbia Avenue (and an imaginary line extending North to West Chicago). Section 14. That election precinct number thirteen shall. include: All that area of City lying South of the center of the Chesapeake and Ohio Railway, between the center of Columbia (as extended) and Hubbard Roads (and an imaginary line extending North to the Chesapeake and Ohio Railway) and the center of Farmington Road. Section 15. That election 'precinct number fourteen shall include: All that area of City lying South of the center of Plymouth Road and West of the center of Wayne Road, Also, all that area of City lying West of the center of Newburgh Road, between the center of Amrhein Road and the center of Plymouth Road. Section 16. That election precinct number fifteen shall include: All that area of City bounded on the North by the center of Six Mile Road, on the East by t he center of Middle Belt Road, on the South by the center of the Chesapeake and Ohio Railway, and on the lest by the center of Hubbard Road, as extended by an imaginary line South to the railroad. Section 17. That election precinct number sixteen shall include: All that Page 2095 area of the City lying North of the center of Six Mile Road between the center of Lir Middle Belt Road and the center of Hubbard Road (or between numbers 29400 and 32400 on Six Mile Road, 32300 on Seven Mile Road and 32400 on Eight Mile Road). Section 18. That notice of the division of the City into the described election precincts shall be published for two successive weeks in The Livonian, the first publication to be within ten (10) days after the adoption of said ordinance, and such notice shall be posted in two or more public places in each of the said election precincts; and a like notice shall be immediately transmitted by the City Clerk to the County Clerk. Section 19. 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 20. 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. Section 21. This ordinance is hereby declared to be immediately necessary for the preservation of public safety and welfare, and shall become effective immediately upon publication. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. The President declared the ordinance duly adopted and will become effective on date of publication. The City Clerk, Marie W, Clark, read a letter dated October 31, 1955 from Harry C. Pratt, attorney for Donald Wilson, Proof of Claim of Donald Wilson and Stipulation for Settlement and Dismissal of Appeq1 in Supreme Court. Mr. Pratt appeared before the Council in behalf of Mr. Nilson. By Councilman Kleinert, seconded by Councilman Edgar, and unanimously adopted, it was #571-55 RESOLVED that, pursuant to a letter from the City Attorney addressed to the Mayor under date of November 4, 1955 in the Circuit Court Case No. 276-973 and Supreme Court Case No. 46552, the City Attorney is hereby directed to prepare a written opinion to the City Council prior to an adjourned meeting to be held November 21, 1955, and further that the law City Attorney is to confer with the Attorneys representing Donald Wilson and Hurt. J. .00d as set forth in the letter from Harry C. Pratt, dated October 31, 1955. Page 2096 By Councilman Killam„ seconded by Council= Carey, it was #572-55 RESOLVED that, the Mich igan Hospital Servic e Blue Cross-Blue Shield Hospitalization Insurance Plan for the employe s of the City of Livonia be amended to include coverage known as "EKG - Unlimited X-Ray Examinations", and that additional cost be included in the plan presently adopted. A roll call vote was taken on the foregoing resolution with the following result: AYE(3: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. Councilman nitenead was excused at 9:37 P. M. The City Clerk, Marie W. Clark, read a letter dated November 7, 1955 from the City Engineer as to sidewalks on Five Mile Road. Councilman hhi te he ad returned at 9:41 P. N. B y Councilman Kleinert, seconded by Councilman dhitehead and unanimously adopted, it was #573-55 RESOLVED that, the Council having adopted resolution #508-55 at its 151st regular meeting held un September 26, 1955, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed construction of sidewalks on the North and South side of Five Mile Road, from Farmington Road to Merriman Road for a distance of approximately 7,756 feet, inclusive; the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare or cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk, together with his recommendation as to what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district; and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations nave been properly filed by the City Engineer with the City Clerk under date of November 7, 1955, and that there has been a full compliance with all of the provisions of Section 6 of Ordinance No. 31, as amended, entitled "An Ordinance to Provide for the Making of Publi c Improvement s, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure", the Council does hereby set December 12, 1955, at 7:30 P. M., as the date and time of a Public Hearing on such proposed improvement, which Public Hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Sections 8 and 9 of said Ordinance No. 31, as amended; and the City Clerk is hereby directed to give notice and publication of such hear- ing as is required by Section 7 of said Ordinance. Page 2097 A recess was called at 9:50 P. M. , after which the fleeting resuned with all members present who were named as present in the original roll call of this meeting. By Councilman hilam, seconded by Councilman Kleinert, it was #574-55 REWLVED that , pursuant to a resolution passed by the Council of the City of Livonia on October 26, 1953, wherein provisions were made for certain property owners to connect on the sanitary sewer installed in Section 1 of the City, and it aipearing that certain property owners have heretofore paid for such connection pursuant to the rates established in said resolution, and it further appearing that upon the adoption of Ordinance No. 115 on October 27, 1955, wherein said connection charge to the sanitary sewer was established at $300.00 per connec,ion; and that the City of Livonia has previously entered into contracts with certain property owners pursuant to said resolution; the Council does hereby aut iorize the City Clerk and City Treasurer to refund the following property owners, the amount paid in excess of $300.00: Clarice V. Wade, 19177 deyher $176.00 Stanley T. Edwards and Virginia Edwards 20405 Seven Nile Road 134.00 A. Z. Root and Bertha Root 285W 3even Mile Road 120.00 A roll call vote was taken on the foregoing resolution with the following result : AYES: Kilian, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. By Councilman Kleinert, seconded by Counc-ilman Carey, it was #575-55 REL3OLVED that WHEREAS., by resolution of Council, the City of Livon ia accepted the offer of the Sioup Voting Nachine Corporation for the purchase of six- teen (16) Ohoup electrically operated voting machines, known as the ten- column, fifty row machine for a total price of $26,768.00, AND i•JIEF.EAS, on October 14, 1955, a written contract was duly executed for such purchase; AND WHEREAS, $25,000.00 of the purchase price was agreed to be paid by the issue of ten (10) certificates of indebtedness each, dated September 19, 1955, and payable as follows: Page 2098 One (1) certificate in the amount of Two Thousand ($2,000.00) Dollars due one year and ten (10) days after delivery of said machines and four (4) certificates in a like amount due annually thereafter until said certificates have been paid in full. Said certificates shall have attached thereto coupons evidencing interest at the rate of 3.25 percent, payable annually each year until maturity of said certificates, and One (1) certificate in the amount of Three Thousand ($3,000.00) Dollars due six years and ten (10) days after delivery of said machines and four (4) certificates in a like amount due annually thereafter, until said certificates have been paid in full. Said certificates shall have attached thereto coupons evidencing interest at the rate of 3.5 percent payable annually each year until maturity of said certificates. AND WHEREAS, said voting machines have been delivered to, and inspected by the City Clerk and the Custodian and have been found to be in accordance with the terms of said contract, IT IS HEREBY RESOLVED that said voting machines be accepted by the City of Livo ni a; RESOLVED, FURTHER, that said certificates be signed by the Mayor and countersigned by the Clerk, and have the corporate seal of the City affixed, and that said certificates be delivered to the Shoup Voting Machine Corporation, with interest coupons attached bearing the facsimile signatures of said Mayor and Clerk, RESOLVED, FURTHER, that said certificates and coupons be in substantially the following form: UNITED STAraJ OF A..ERICA STATE OF DTIC HIGAH VOTING MACHINE CERTIFICA LI, uF L DEBTEDNESS No. $ KNONT ALL i 1d BY TSE:a PRESENTS teat the of County, Michigan, for value received, acknowledges itself indebted, and promises to pay to the bearer hereof the sum of P lawful money of the United States of America, with interest thereon at the rate of oer cent ( ) per annum, payable on the first day of November of each year, both principal and interest to be payable at This certificate is one of a aeries of certificates of like date and tenor except as to date of maturity, aggregating the sum of Dollars, issued for the >>rpose of Paying )art of the cost of voting machines sold and delivered to the by Shoup Voting Machine Corporation, , is issued under the 'provisions of Section 3256, Compiled Laws of Mich igan, 1929. Page 2099 This certificate is payable from the Debt Retirement Fund of the of , and the full faith and credit of said is hereby Pledged for the payment of the principal and interest thereof. It is hereby certified and recited that all things recuired to be done in order to make this certificate a valid and binding obligation of the of have been dcne, and that the total indebtedness of said , including this certificate, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF the and of the — of , by authority of the , have hereto of fic ally subscribed the corporate name of said and affixed the seal of said as of the (heal) Countersigned by (FORM uF COUPON) No. The , County, Michigan, hereby promises to pay to the bearer he roof the sum of Dollars, at being the annual interest due that day on its voting Machine Certificate of Indebtedness dated No. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS- None. The City Clerk, Marie W. Clark, read a letter from the City Planning Commission relative to an Ordinance for Park Sites a rrl Playgrounds. By Councilman Kleinert, seconded by Councilman Edgar and unanimously adopted, it was Page 2100 #576-55 RESOLVED that, pursuant to a letter from the City Planning Commission dated Novembea 3, 1955, the City Attorney is hereby directed to prepare an ordinance consistent with such recommendation. The City Clerk, Marie W. Clark, read a petition received November 3, 1955 from residents of Roycroft Avenue. By Councilman Edgar, seconded by Councilman Kleinert and unanimously adopted, it was #577-55 RESOLVED that, the petition of residents on Roycroft Avenue to dedicate a portion of property for street purposes be referred to the City Engineer for report and rc.commendation. By Councilman Kleinert,, seconded by Councilman Carey, it was #578-55 RESOLVED that, the request of the Civil Service Commission dated November 7, 1955 for transfer of funds in the amount of $100.00 is hereby aporoved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Killam, Kleinert, Whitehead, Carey, Edx'ar and Daugherty. NAYS: None. The City Clerk read a letter from the Wayne County Drain Commissioner re- garding the Livonia Drain. By Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, it was #579-55 RESOLVED that, having considered the letter from the Wayne County Drain Commissioner dated October 31, 1955 and the letter from J. MacMillan, Central Parts Depot of the Ford Motor Company, addressed to the Superintendent of Public ilorks, the Council does hereby authorize the City Clerk to inform the Ford Motor Comcany that the City has already spent considerable money and labor on the Livonia Drain and is not in a position to assume the assessment for cleaning out said Drain as set forth under the General Drain Law; and so notify Christopher J. Mulle, Wayne County Drain Commissioner of this fact; and the Council recommends that the Ford Motor Company do everything in its power to secure the signatures of five (5) freeholders, as provided under the General Drain Law, whereby assessments then could be spread for benefits received. The City Clerk read a letter dated November 4, 1955, from the Michigan Department of Health. By Councilman Kleinert, seconded by Councilman Edgar and unanimously Page 2101 adopted, it was L #580-55 RESOLVED that, the Council of the City of Livonia does hereby designate W. R. McCary, City Engineer as its official engineer to act in its behalf in the approval of plans and specifications for water and sewer- age facilities and the submission thereof in proper form to the Board of Wayne County Road Commissioners and the Michigan Department of Health for their approval. The City Clerk, Marie W. Clark, read a letter dated November 2, 1955 from Geneva Lester regarding a library in Livonia, which was received and referred to the Library Committee. By Councilman Kleinert, seconded by Councilman Whitehead, it was #581-55 RESOLVED that, the annual budget of the City of Livonia for the fiscal year commencing December 1, 1055 and ending November 30, 1956, as submitted to the Mayor and filed by him with the Council , be set for public hearing on November 28, 1955, at 8:00 P. M., at the City Hall, 33001 Five Mile Road, and that notice of such hearing be published in the Livonian on November 17, 1955, pursuant to the Charter. P roll call vote was taken on the foregoing resolution with the following result: LAYES: Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty. NAYS: None. On motion of Councilman Kleinert, seconded by Councilman Killam and unanimously adopted, this adjourned 153rd regular meeting of the City Council was duly adjourned at 11:15 P. Inti., November 7, 1955. f) ) -tea - r.�4- - liari W. lark, City Clerk Attested: Johma''T. Daugherty, President of the 'ouncil 4 Rudolf I. Kleinert, Vice President of the Council