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HomeMy WebLinkAboutCOUNCIL MINUTES 1956-09-17 SPECIAL Page 2479 MINUTES OF THE THIRTY-FIFTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 17, 1956, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:21 P. M., by the President of the Council, Austin T.Grant. 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. This special meeting was called by the Mayor on September lig, 1956, pursuant to Se ction 8, Chapter IV of the Charter of the City of Livonia, for the purpose of considering those items on the agenda of the Council meeting of September 10th, which were not considered at that time. By Councilman Bagnall, seconded by Councilman Ventura, it was #5714-56 RESOLVED that, resolution #512-56 adopted by the Council at its regular meeting of August 27, 1956, creating and establishing the position of legal secretary, be amended, in that the salary of such secretary shall be in the amount of $4,160.00 per year, instead of the sum as set forth ih said resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: O'Neill, Bagnall, Ventura and Grant. NAYS: Kleinert, Jones and Daugherty. The President declared the resolution adopted. The City Clerk, Maxie W. Clark, read a letter dated August 22, 1956, from the Water and Sewer Commission regarding expansion of water lines. By Councilman Kleinert, seconded by Councilman O'Neill, it was #575-56 RESOLVED that, the appointment of Mr. Herald F.Hamill. as Con- sulting Engineer for the Water and Sewer Division is hereby approved; and the plans and estimates of cost for water main extensions as sub- mitted by the Water and Sewer Division in a letter dated August 22, 1956, be approved. By Councilman Bagnall, seconded by Councilman Jones, it was RESOLVED that, the matter of retaining Herald F. Hamill as Con- sulting Engineer for the Water and Sewer Division is tabled and referred to the next study meeting of the Council. Page 2480 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bagnall, Jones, and Daugherty. NAYS: O'Neill, Kleinert,Ventura and Grant. The President declared the resolution denied. A roll call vote was taken on resolution #575-56 with the following result: AYES: O'Neill, Kleinert, Ventura and Grant. NAYS: Bagnall, Jones and Daugherty. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #576-56 RESOLVED that, there being an unexpended balance in the Construction Fund created for the extensions of water mains under Ordinance No. 80, adopted by the Council of the City of Livonia, March 1, 1954, in the amount of $92,520.43, the City Clerk is hereby instructed to make application to the Michigan Municipal Finance Commission for permission to add the following streets for water mains on: Wentworth - from Middle Belt West Arcola - from Livonia Drain to Grantland Grantland - from Inkster Road to Cardwell Antago - from Cambridge to Pembroke Deering - from Angling Road to Pembroke Joy Road - from Wayne Road West 3,617 feet; and that the estimate of cost to the City for the above mains is in the amount of $58,448.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert, Bagnall, O'Neill, and Grant. NAYS: Daugherty and Jones. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read a letter dated September 6, 1956, from the Water and Sewer Commission as to bids. By Councilman Daugherty, seconded by Councilman Jones, it was #577-56 RESOLVED that, the report and recommendation of the Water and Sewer Commission that the bid for meters be awarded to the Badger Meter Mfg.Co. 1357 N. 30th, Milwaukee, Wisconsin, at the submitted price of 1200 5/811 meters with connect.Lons at $26.62 be approved, the above having been the lowest bid received. Page 2481 A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman Jones, it was RESOLVED that, hereafter the City Clerk call the roll by alphabetical order. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Jones and Bagnall. NAYS: Ventura, Kleinert, O'Neill and Grant. The President declared the resolution denied. By Councilman Bagnall, seconded by CouncilmanVentura, it was #578-56 RESOLVED that upon recommendation of the Water and Sewer Com- mis si on, the bid for 3f copper tubing be awarded to the Murray W. Sales Company, 3rd and Baltimore, Detroit 2, Michigan, at the submitted price of 10,000 3/L" type "K" copper tubing packaged at $14.30 C feet; the above having been the lowest bid received. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant. NAYS: None. A recess was called at 9:35 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. President Grant relinquished the Chair to Vice President O'Neill at 9:1i1 P.M., and gave an oral report as chairman of the Transportation Committee. By Councilman Grant, seconded by Councilman Kleinert, it was #579-56 RESOLVED that, pursuant to Chapter IX, Section 5, of the City Charter of the City of Livonia, a temporary permit to operate a bus line on the streets of the City of Livonia is hereby granted to the Livonia Redford Coach Line on and subject to the following conditions: 1. That the routes and streets upon which said buses shall operate are set forth on a map filed with the City Clerk on this date and identified by the signatures of the President of the Council and the City Clerk of the City of Livonia; 2. That the rates to be charged by the Livonia-Redford Page 2482 Coach Line for the aforementioned services are hereby fixed as follows: Buses: Specific rates shall be determined by the number of zones involved in a single journey; how- ever, in no case, shall the charge for one continuous and uninterrupted journey, regardless of the number of zones and transfers be less than ten (100) cents nor more than thirty-five (35¢) cents; 3. That the Transportation Committee of the City Council is hereby authorized to adopt and establish rules and regulations for the operation of said bus service; these rules and regulations to be approved by the Council, and when approved, said company shall comply with same. By Councilman Daugherty, seconded by Councilman Jones, it was RESOLVED that, people present in the room be given the right to ask questions on the transportation problem only. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty and Jones. NAYS: Ventura, Kleinert, Bagnall, O'Neill and Grant. The Vice President declared the resolution denied. Councilman Jones was excused at 10:31 P. M. A roll call vote was taken on resolution #579-56 with the following result: AYES:#Daugherty, Ventura, Kleinert, Ragnall, Grant and O'Neill. NAYS: None. *Councilman Daugherty objected to that part of the foregoing resplution #579-56 as to accepting the map as mentioned therein, and asked that his objections be recorded in the minutes of this meeting. President Grant resumed the chair at 10:40 P. M. By Councilman Bagnall, seconded by Councilman O'Neill, it was #580-56 RESOLVED that, the sum of $2,262.50 be appropriated from the Un- allocated Fund to the Acquisition of Land Budget Account for the first land contract payment for the Department of Public Works Fnginee ring Building at 12973 Farmington Road; and the City Clerk and City Treasurer are 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: Page 21183 AYES: Daugherty, Ventura, Kleinert, Bagnall, 0tNeill and Grant. NAYS: None. Councilman Bagnall read and introduced the following emergency Ordinance: NO. 11. 0 AN ORDINANCE TO AMEND SECTIONS 9, 10, 11, 12, 13, 111, AND 15 to ADD THERETO ` L CTION 19, OF THE FINANCIAL ORDINANCE NO. 35, OF TEC CITY OF LIVONIA. THE CITY OF LIVONIA ORDAINS: Section 1. Amendments. Sections 9, 10, 11, 12, 13, 111, and 15 of the Financial Ordinance No. 35, of the City of Livonia are hereby amended to read as follows: 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 ($300.00), 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 bids may be procured where the director, department head, or purchas- ing agent certifies in writing the reasons why three bids cannot be procured. (b) In determining Whether or not the amount of any purchase re- quires 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 advertisement in the official newspaper or in some newspaper of general circulation within the City, and such advertisement shall reasonably state pertinent information concern- ing the proposed contract and fix a period of at least seven (7) days follow- ing the date of publication within which bids shall be accepted. All advertise- ments for bids shall provide that bids may b e received at any time up until the hour set by the Council for opening same. All bids requiring advertise- ment 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 follow- ing such date, and if there be none, then at a special meeting to be called within said five (5) day period. Notwithstanding the foregoing provisions of this section, in case of an emergency which is fully explained in a written memorandum, approved Page 24$4 by the Mayor and filed with the City Clerk, no bids shall be required prior to the making of a contract. 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 opening. Section 10. Purchase Orders. All purchases in excess of Ten ($10.00) Dollars shall require the issuance of a requisition and purchase order. No purchase order shall be issued by the City Clerk until there is filed in the office of the City Clerk a written requisition prepared in tri- plicate and signed by the person requesting the purchase order, approved by the director or department head, giving full particulars as to the proposed purchase and appropriation to be charged, and until the City Clerk shall have approved the proposed expenditure as having been authorized by the budget or a special appropriation. In approving a requisition, the City Clerk shall indicate thereon that there is a sufficient balance in the budget account to meet the expenditure. Whenever bids are required by Section 9 of this or- dinance, copies of such bids shall accompany the requisition for purchase order. Section 11. Payment of Claims. The City Treasurer shall pay claims against the City, including sums due on purchase orders and contracts only on presentation to him of duly certified vouchers. All vouchers shall be pre- pared and certified in duplicate, and one duplicate shall be left in the office of the City Treasurer as his permanent record of his authority to pay each claim; providing, however, that where it is impossible to leave such duplicate voucher in the Treasurer's Office, there shall be deposited in such office, in lieu thereof, a duly certified list of such vouchers as approved by the Finance Committee of the Council. Payment of such claims shall be made by warrant on the proper fund which shall be in the form of a check payable by a depositary bank out of the funds of the City deposited in such bank and signed in such manner and by such officers as the Council may determine by resolution. Section 12. Duly Certified Vouchers. The term °duly certified voucher", as used herein, shall mean a voucher form to which an invoice is attached, indicating the particular fund or budget account to be charged and supported by the following certifications: (a) By the director or department head in charge of the department receiving such goods, or services,that the quantity and quality are the same as stated in the invoice, that such goods or services have been received by the City, that the director or department head has on file in his department evidence of the de- livery of such goods, and that the goods and price thereof conform with the order placed by such department; (b) By the purchasing agent, if one has been appointed, that he has approved the invoice as to price, quantity and quality; (c) By the City Clerk, that there has been full com- pliance with Section 9 and 10 of this ordinance, that there is a sufficient balance in the budget account to meet the expenditure, Page 2!x85 and that such invoice conforms in every way with a duly approved purchase order; and (d) By approval of the City Council in the manner pro- vided in Section 13 of this ordinance; provided, however, that in the case of compensations of elected and appointed officers of the City, and of all persons in the unclassified service, payment thereof shall be authorized by resolution of the City Council and in such cases, there shall be prepared special vouchers which shall require only the certification of the Council President and the City Clerk; and provided further, that vouchers for salaries to persons in the classified service shall be substantiated by salary or compensation schedule as provided in Section 15, Chapter V of the Charter, and such vouchers shall require only the certification of the Civil Service Commission and the City Clerk; and, provided further, that the foregoing subdivisions (a) and (b) of this Section shall not apply to vouchers, expenses incurred and/or public utility services; nor to those expenses required to be paid pursuant to the State Election Law. Section 13. Finance Committee. A Finance Committee is hereby created, consisting of three (3) members of the Council. The Finance Com- mittee is hereby fully authorized to act for and on behalf of the Council in approving all vouchers, and the approval of any voucher by such committee shall be considered the lawful act of the Council. A quorum of such committee for the conduction of its business shall consist of two (2) members. Once each month the Finance Committee shall submit to the Council a written report of all vouchers approved by such committee for payment, and a summary of such report shall appear in the minutes of the Council meeting at which the report is presented. Where a voucher requires approval prior to the earliest possible meeting of the Finance Committee in order to avoid a penalty, obtain a dis- count or meet an emergency, such approval may be given by the Chairman of the Committee. The procedure for approving the voucher shall be as follows: (a) The City Clerk shall submit to the Finance Committee a copy of each purchase requisition attached to the voucher to which it applies, fully explaining the item appearing in each voucher, and accompanied by bids where required under Section 9 of this ordinance. (b) Requisitions shall be prepared in terminology under- standable to laymen and additional explanatory phrases and details shall be used in connection with trade names or catalog descriptions. (c) Approval by the Finance Committee of vouchers may be effected by the Committee signing a list of vouchers showing number, name and amount and such list shall be prepared by the City Clerk and submitted by the City Clerk to the Finance Committee along with all vouchers to be approved; (d) As evidence of the City Treasurer's authority to pay a claim under Section 11 of this ordinance, the City Auditor may authorize the preparation and certification of duplicate lists of vouchers approved by the Finance Committee, one of which certified Page 286 duplicate lists, duly signed by the Committee, shall be left with the City Treasurer as a permanent record of his authority to pay the claims included in such list; (e) Each voucher shall bear the following information: Bids Required (Yes or No) 1. 2. 3. Section 14. Control of Cash. The collection of all money shall be centralized in the City Treasurer and his deputy or deputies, except where otherwise permitted by the rules of procedure authorized in this ordinance. Where it is necessary for other officers or employees to receive money, they shall issue receipts therefor on numbered forms to be furnished to them by the City Treasurer, and such forms shall be periodically examined and accounted for by the City Auditor. The rules of procedure shall provide for petty cash or working funds when needed for change or other purposes, for the advancement of definite sums from City funds for such purposes to the officer needing such advances, for keeping such funds intact, for the use of such funds in accord- ance with the imprest system where expenses must be paid out of them, for re- imbursement of such funds when necessary, and for the return of such funds to the City Treasurer when they are no longer needed. All persons receiving money shall turn over all money collected daily to the City Treasurer or his deputy, without deductions for commission, salaries or other items. Every person receiving City money shall be responsible and accountable for it until he has turned it over to the City Treasurer or other persons authorized to receive it, and has received a proper receipt therefor, or, in the case of the City Treasurer, has disbursed it in an authorized manner. Any merger or inter- mingling of City funds with private funds is hereby prohibited. Every person receiving or handling money shall by resolution of the Council, be placed under bond arra the expense thereof shall be paid by the City. Section 15. Expenses. All officers and employees of the City shall each month file with the City Cleric in writing an accurate and complete report of all expenses incurred or paid by them on behalf of the City during the pre- ceding month. The Council may, in its discretion, permit an extension of sixty (60) days for the submission of any such report where it finds that the report has been delayed for reasons beyond the control of the person submitting the report. Such reports shall be supported by invoices, receipts and such other evidence as may be required by the rules of procedure under this ordinance. All officers and employees of the City shall be allowed for the use of their own motor vehicle while on City business, the sum of eight cents ($.08) per mile; provided, however, that the Council may, from time to time, provide by resolution that particular officers and employees may elect to receive a fixed sum per month, as determined by the Council, in lieu of the aforementioned stun per mile. Section 2. Section 19 is hereby added as follows: Page 2 .87 Section 19. Transfer of Funds. No department shall transfer funds, that have been appropriated to a certain account of the department to another account of the department, without having first obtained the approval of the Mayor and the Council for such transfer. Section 3. Repeal. All ordinances or parts of ordinances in conflict here- with are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 4. Severability. Should any portion of this ordinance be held in- valid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portion of this ordinance. Section 5. Effective Date. This ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public welfare and shall take effect immediately on publication. Councilman Kleinert was excused at 10:45 P. M. Councilman Jones returned at 10:48 P. M. Councilman Kleinert returned at 10:56 P. M. Councilman Kleinert challenged the ruling of the Chair as to the propriety of this ordinance being introduced, once it was not listed on the agenda. President Grant relinquished the Chair to Vice President O'Neill at 10:59 P.M. Councilman Kleinert was excused at 11:00 o'clock P. M. A roll call vote was conducted on the challenge to the ruling of the Chair, with the following result: AYES: Dazgherty, Ventura, Jones, Bagnall, Grant and O'Neill. NAMS: None. The Vice President declared the ruling of the Chair was sustained. The President resumed the Chair at 11:01 P. M. Councilman Kleinert returned at 11:02 P. M. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: Daugherty, Ventura, Jones, *Kleinert, Bagnall, O'Neill and Grant. NAYS: None. *Councilman Kleinert abstained from voting, which, under Ordinance No. 27, Section 19, is recorded as a yes vote. Page 2)488 The President declared the ordinance duly adopted and would become effective on date of publication, September 27, 1956. Councilman Bagnall gave an oral report as Chairman of the Finance Committee. By Councilman Jones, seconded by Councilman Ventura, it was #581-56 RESOLVED that, the Finance Committee report made by Councilman Bagnall be submitted to the City Attorney for proper opinion as to whether the Voucher #11186 made out to Mayer Scheirer Company is a legal and bind- ing contract to the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Kleinert, Bagnall, O'Neill and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall and unanimously adopted, it was #582-56 RESOLVED that, the matter of interpretation of Section 13 of Ordinance No. 35 be referred to the Committee of the Whole for further study. By Councilman Bagnall, seconded by Councilman O'Neill, it was #583-56 RESOLVED that, Voucher #11186, payable to Mayer Scheirer Company be reduced in the amount of $606.00, covering the service agreement for the maintenance of business machines, with a balance of $838.39 approved by this Council for payment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Bagnall, O'Neill and Grant. NAYS: Kleinert. The President declared the resolution adopted. The City Clerk, Marie W. Clark, read correspondence relating to the letter of Robert Hamiel as to licensing drain layers. By Councilman Jones, seconded by Councilman Daugherty, it was #581-56 RESOLVED that, the letter of Robert Hamiel and report of W.R. McCary, City Engineer, concerning the possibility of providing for the licensing of dradn layers be referred to the Building Code Board of Appeals for their study and recommendation. A roll call vote was taken on the foregoing resolution with the following result: Page 2189 AYES: Daugherty, Jones, Kleinert, Bagnall, O'Neill and Grant. NAYS: None. Councilman Ventura was excused from voting under the provisions of Section 9, Chapter IV of the City Charter. By Councilman Daugherty, seconded by CouncilmanVentura and unanimously adopted, it was #585-56 RESOLVED that, pursuant to Section 23 of Chapter IV of the City Charter the Ordinance entitled, "An Ordinance Amending Sections 8.02, 8.0 4, 9.02 and 9.04 of Ordinance No. 60 of the City of Livonia, entitled 'Zoning Ordinance of the City of LivoriLa'," which was introduced and finally passed upon by the Council at its regular meeting held onSeptember 10, 1956, be and the same is hereby repealed and rescinded; and that the proposed or- dinance submitted by the City Attorney to the Council which said ordinance is entitled "An Ordinance Amending Sections 8.02, 8.04, 9.02 and 9.04 of Ordinance No. 60 of the City of Livonia, entitled 'Zoning Ordinance of the City of Livoniat," be referred to the City Planning Commission for a public hearing thereon and their report and re commendation as required by law; that the City Planning Commission is urged to hold an immediate public hearing and make its recommendation thereon to the Council as soon as possible. Councilman Bagnall was excused at 11:43 P. M. The City Clerk, Marie W. Clark, read a petition of residents to close the City Dump on Curtis Avenue. By Councilman O'Neill, seconded by Councilman Ventura, it was #586-56 RESOLVED that, the request of adjacent property owners that the City Dump be closed is hereby referred to the Department of Public Works for their study and recommendation as to a possible alternate site for the City Dump. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Kleinert, O'Neill and Grant. NAYS: None. Marie W. Clark, City Clerk, read the report of the Justice Court and Violations Bureau for the month of August, 1956, which was received and placed on file. The City Clerk read a letter dated September 6, 1956, from the Fire Commissioner as to purchase of uniforms from other than low bidder. Page 2490 By Councilman Ventura, seconded by Councilman Daugherty, it was #587-56 RESOLVED that, on recommendation of Fire Commissioner Douglas Canpbell, the purchase of uniforms from Schaffer's Dry Goods Store is hereby approved. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, O'Neill and Grant. NAYS: Jones. The President declared the resolution adopted. By Councilman Ventura,, seconded by Councilman O'Neill, it was #588-56 RESOLVED that, on recommendation of the Department of Public Works, the bid of A. J. Smith Contracting Company in the amount of $15,624.75 for the paving of West Chicago Road is approved and the sum of $14,,300.00 is hereby appropriated from the Unallocated Fund for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Jones, Kleinert, O'Neill and Grant. two NAYS: None. By Councilman Ventura, seconded by Councilman Jones and unanimously adopted, it was #589-56 RESOLVED that, regular meetings of the Council of the City of Livonia., during the month of October, be held on the first, third, fourth and fifth Mondays, such dates being October 1st, 15th, 22nd and 29th. On motion of Councilman Jones, seconded by Councilman O'Neill and unanimously adopted, this 35th Special Meeting of the Council of the City of Livonia was duly ad- journed at 11:58 P. M., September 17, 1956. / JP 4 C C c C MaV. Clark, City Clerk