HomeMy WebLinkAboutCOUNCIL MINUTES 1956-10-15 Page 2522
MINUTES OF TILE ONE HUNDRED EIGHTY-FIFTH REGULAR METING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 15, 1256,, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at appro:d nately 8:45 P. N., by the
President of the Council, Austin T. Grant. Councilman Kleinert delivered the
invocation. Roll was called with the following result: Present-.- Austin T. Grant,
Frank O'Neill, Sydney B. Bagnall, Rudolf R. ICLcinert, David L. Jones and Peter A.
Ventura. Absent-- *John T. Daugherty.
By Councilman Reinert, seconded by Councilman O'Neill, it was
#651-56 RESOLVED that, the minutes of the 183rd and the 184th regular
meetings of the Council of the City of Livonia held September 2L1, 1956,
and October 1, 1956, are approved as submitted.
A roll call vote was taken on tie foregoing resolution with the following result:
AYES: Yaeinert, Bagnall, O'Neill, Ventura and Grant.
NAYS: Jones,
The President declared the resolution adopted.
The City Clerk, Marie W. Clark, opened and read the following bids:
IId'1'ERIOR FINISH ON ENGINEERING BUILDING
1. Verville Rabaut, Inc. - General Contracting 4;7,231.00
*Councilman Daugherty arrived at 8:)48 P. M.
2. Montgomery Ward Company - Heating 2,38 .00
Alternate 2,051.00
3. Spayth Heating Co. - Heating 2,251 .00
fit.. Conard Heating Co.
Heating, including gas line 43,025.82
By Councilman Daugherty, seconded by Councilman Ventura and unanimoisly
adopted, it was
#652-56 RESOLVED that, the foregoing bids for interior finish on the
engineering building be referred to the Director of Public Works for
report and recommendation.
Page 2523
LIQUID CALCIUM CUL0RIDE
1. A. F. Posnik _L Co. 0,75 per liquid ton
2. Michigan Chemical Corporation
1000 gallons 30.00 tams net 30 days
3. Solvay Process Division No bid.
By Councilman Kleinert, seconded by Councilman Bagmall and unanimously
adopted, it was
#653-56 RESOLVED that, the foregoing, bids for Liquid Calcium Chloride
be referrod to the Department of Public Works for report and r °commendation.
ROCK SALT
1. International Salt Company 0.25 per ton delivered
2. Morton Salt Company 9.55 " " it
By Councilman Ventura, seconded by Councilman Jones and unanimously
adopted, it was
a
#653-56 RFSOLWED that, the foregoing bids for Rock Salt be referred to
the Department of Public llorks for report and recommendation.
GASOLINE
1. Plymouth Oil Co. 1, 30 days .143 per gallon
2. Gulf Oil Co. 1 30 days .1113
3. Pure Oil Co. 1% 30 days .143 It it
4. Sinclair Refining Co. 1% 10 days .1)43 11
5.CConsumers Petroleum Co. 1% 10 days .1425 tit
6. Si,andard Oil Co. 1% 30 days .1/43
By Councilman Bagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#654-56 RESOLVED that, the foregoinL bids for gasoline be referred to
the Department of Puolic orks for report and recommendation.
Curb stops WATER SERVICE PRODUCTS.
1. Nelson Company
3.70
Corporation stops 1.88
Unions .41
Curb boxes 3.48
2 30 days
Page 2524
2. Ellis . Ford Hf[;. Co.
Curb stops
0.74
Corporation stops 1.88
Unions .6o
Curb boxes 3.51
2% 15 days, approx, net 30 days.
3. Warren Pluribing Supply Co.
Unions .71
Curb stops 3.97
Service box 3.82
Corporation stops 2.00
2% 30 days
4. Iiaydenville Co.
Uni:n .69
Curb stops 3.31
Corporation stops 1.63
no price on curb boxes
5. IvIurray gid. Sales Co.
Curb stops 4.26 aluernate 8.64
Union 1.54 " 1.44
Soft copper coupling 1.707 1,734h
2% 10 days
6. Murra,ii. bales Co.
Unions .99
Curb stops 5.75
Curb boxes 5.23
Corporation stops 2.73
2% 10 days
7. U. R. Andrew Co.
Unions .718
Curb stops 4.00
Service boxes 3.85
Corporation stops 2.01
2, 30 days
8. days Mfg. Co.
Unions .72
Curb stops 4.02
Service Boxes 3.86
Corporation stops 2.02
2% 10 days
9. Michigan Ilydrant a Valve Mfg. Co.
Service boxes 3.87
Couplings .63
Corporation stops 1.84
Curb stops 3.70
10. Murdock Brass co.
Union couplings .88
Page 2526
Councilman Ventura introduced the following ing emergency Ordinance.
No. 142
AN ORDINANCE TO AMEND SECTION 19 OF ORDINANCE
NO. 31 OF THE CITY OF LIVORIA ENTITLED, " AN
ORDINANCE TO PROVIDE FOR ENE DIKING OF PUBLIC
IMPROVEMENTS, DEFRAYING THE EXPENSE THEREOF BY
Si ECIAL ASSESSAENT AND A SPECIAL ASSESSMENT
PROCEDURE."'
TEE GI TY OF LIVONIA ORDAINS:
Section 1. Section 19 of Ordinance No. 31 of the City of Livonia entitled,
"An Ordinance to 'provide for the Making of Public Improvements, Defraying the Expense
Thereof by Special Assessment and a Special Assessment Procedure", is hereby anended
to read as follows:
Section 19. The first installment shall be spread upon the City
tax roll in a colamn headed "Special Assessments", together with interest
upon all unpaid installments from the date of the confirmation of the roll
to the first day of December of the year in wIdch such tax roll is made;
provided, that any fraction of a month shall be considered as a full month;
provided, further, that if the date of the confirmation of said roll is sub-
sequent to the first day of August, the interest charged thereunder shall be
billed the first day of December of the next year following in which such tax
roll is made. Thereafter one installment shall be spread upon each annual
tax roll, together with one year's interest upon all unpaid installments;
provided, that when any annual installment shall have been prepaid as here-
inafter provided, then there shall be spread upon the tax roll for such year
only the interest upon all unpaid installments.
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repdaled only to the extent necessary to give this ordinance full force and effect.
Section 3. That, 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 re-
maining portion of this ordinance.
Section 4. That this ordinance is hereby declared to be an emergency ordinance
necessary to the protection of the public health, safety and welfare, and shall take
effect immediately on publication.
A roll call vote was conducted on the foregoing Ordinance with the following result:
AYES: Jones, Kleinert, O'Neill, Ventura and Grant.
NAYS: Bagnall and Daugherty.
The President declared the ordinance duly adopted and would become effective on date
of publication, October 25, 1956.
Page 2527
The City Clerk, Ylarie W. Clark, read the report of the City Engineer dated
October 11, 1956 as to estimated cost of sidewalks in section 34 and relating corres-
pondence.
By Councilman Daugherty, seconded by Councilman Lleinert, it was
RESOD FD that, the ,,etition of the residents in Section 3! request-
ing the ineLallabion of sidewalks on est Chicago from Brookfield East 184'
has been considered; the Department of Public Works is hereby directed to in-
stall such sidewalks in accordance with the plans and specifications as sub-
mitted by the City Engineer; and the sum of Nine Hundred Forty-Nine Dollars
Thirty-Eight Cents (949.38) is hereby appropriated and transferred from the
Unallocated Fund of the Budget to the account of the Department of Public
Works to cover the cost of the above improvement.
The following amendment to tie foregoing resolution was offered by Councilman
Ventura, seconded by n O'Neill:
That the Department of Public 'rorks and the City Engineer be in-
structed to prepare plans and specifications for the installation of side-
walks in areas where similar conditions exist, namely where a school adjoins
a parcel of land owned by the City.
A roll call vote was taken on the above amendment with the following result:
AYES: Bagnall, O'Neill, Daugherty, Ventura and Grant.
NAYS: Jones and Kleinert.
A roll coil vote was taken on the following resolution as amended:
#658-56 RESOLVED that, the 1)etition of the residents in section 3i request-
ing the ins6allation of sidewalks on West Chicago from Brookfield East 4841
has been considered; the Department of Pualic Works is hereby directed to in-
stall such sidewalks in accordance with the plans and specifications as sub-
mitted by the City Engineer; and the sum of Nine Hundred Forty-Nine Dollars
Thirty-Eight Cents (: 949.38)9.35) is hereby appropriate9.and transferred from the
Unallocated Fund of the '3udget to the account of the Department of Public
Works to cover the cost of the above improvement; and that the Department of
Public forks and the City Engineer e instructed to prepare, plans and specifi-
cations for the insi ajlation o± sidewalks in areas where similar conditions
exist, namely where a school adjoins a parcel of land owned by the City.
with the following re_cult:
ATC',s: Jones, Kleinert, Bagnall, O'ueill, Dain; !erty, Ventura and Grant.
NAYS: None.
Councilman 'Neill was excused at 10:02 p.11.
By Councilman Daugherty, seconded by Councilman. Jones and unanimously
Page 2528
adopted, it was
#659-56 RESOLVED that, the Council suspend the regular order of business
to take care of certain items on the agenda wherein interested persons are
waiting to be heard on those items.
Councilman O'Neill returned at 10:06 I . M.
A recess was called at 10:07 P. M., after which the meeting resumed with all
members present who ;ren-: named as present in the original roll call of this meeting,
except *Councilman Bagnall.
The City Clerk, Marie W. Clark, read a letter dated October 8, 1956 from the
Department of Public orks as to sanitary sewer extension on OakdAle in Coventry Gardens
Subdivision.
By Councilman Kleinert, seconded by Councilman Jones, it was
#660-56 RESOLVED that, having considered the request of certain residents
of Coventry Gardens Subdivision dated ,:)epteMber 18, 1956; provided that ap-
proval can be secured from the Water and Sewer Division of Wayne County Road
Commission and provided that construction will be in accordance with plans
and specifications as prepared by the City Engineer, that the residents of
the area in question be authorized to proceed with the construction of the
sewers as requested.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, 04Neill, DaughertylVentura and Grant.
NAYS: None.
Marie W. Clark, City Clerk, read a letter from the Fire Department to the
Civil Service Commission regarding policy on holiday pay, and relating correspondence.
*Councilman Bagnall returned at 10:25 P.M.
By Councilman Ventura, seconded by Councilman OtNeill, it was
#661-56 RESOLVED that, there shall be given to each member of the Livonia
Fire Department credit for holiday pay for six (6) days each year; that the
said six (6) days shpll be accumulated during the year at the rate of one-
half (1/2) day per month, commencing as of December 1, 1955; that the pay
for said six (6) days shall be payable in one lump sum on the first day of
December of each year; or in the event of an individual termininating his
employment, at the date of termination; and that the above plan for holiday
pay to members of the Livonia Fire Department is subject to the concurrence
of the Civil ,Dervice Commission.
A roll call vote was taLen on the foregoing resolution with the following result:
Page 2529
AYES: Jones, Kleinert, Bagnall, (Mein, Daughei-Ly, Ventura and Grant.
NAYS: None,
The City Clerk, Marie W. Clark, read a letter dated September 28, 1956 from
Rouge Building Company regarding permission to connect with sewer on Ashurst Avenue
and relating correspondence.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#662-56 RESOL1ED that, providing the proper plat or plats are approved, and
if at any time there is no other outlet for a sanitary sewer, the request of
the Rouge Building Company for permission to connect with and extend the
Ashurst Avenue Sewer is hereby granted for the servicing of the following
lands and structures to be erected thereon:
N. W. 1/14. of Section 16, except dest 20 acres;
N. E. 1/4 of Section 16, except South 20 acres;
South 60 acres of the W. 1/2 of the S. W. 1/4 of Section 10.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, OINeill„ Daugherty, Ventura and Grant.
NAYS: Jones.
The President declared the resolution adopted.
Marie U. Clark, City Cleik , read a letter from the City Planning Commission
as to Petition No. Z-179.
By Councilman Bagnall„ seconded by Councilman Ventura and unanimously
adopted, it was
#663-56 RESOLVED that, the report and recommendation of the City Planning
Commission dated September 21, 1956 as to Petition No. Z-179 of Mr. Arthur
A. Rosner, Mgr., Harold Sarko Management Company, for change of mning Classi-
fication in the Northwest 1/14 of Section 24 from R-2 to C-1 is approved; and
the City Attorney is instructed to prepare an ordinance amending Ordinance No.
60 in compliance with this resolution.
By Councilman Jones, seconded by Councilman OINeill and unanimously
adopted, it was
#664-56 RESOLVED that, the report and recommendation of the City Plannitg
Commission dated September 21, 1956 as to Petition No. Z-183 of Ada D. and
Carl Goers, et al, for change of mnihg classification in the Northwest 1/4
Page 2530
of Section 2L from R-2 to C-2 is approved; and the City Attorney is instructed
to prepare an ordinance amending Ordinance No. 60 in conformance Ath this
resolution.
The Ciuy Clerk, ':ar:7e W. OTh , read a letter from the City Planning Commission
as to letition No. V-15.
By Councilman :leinert, seconded by Councilman Daugherty and unanimously
adopted, it was
#665-56 RESOLVED that, the report and recommendation of the City Planning
Commision as to Petition No. V-15 of Mrs. Dorothy Hewett, et al, for the
vacating of the eighteen (181) foot alley in the Southeast 1/4 of Section 35,
is hereby granted, subject to an easement for the full width being retained
for public utilities and surface drainage; and the City Attorney is instructed
to prepare the necessary Vacating Ordinance in accordance with this resolution.
Marie W. Clark, City Clerk, read a letter from the City Engineer as to ap-
proval of plat of Algonquin Subdivision and bond for improvements, and relating corres-
pondence. At the request of the Council, Mr.Edwin Orr, consulting engineer, made the
following statement: In my opinion no danger of flooding to present developments will
occur as the result of approval of this particular subdivision, Algonquin Park.
Councilman Daugherty requested a division of the question.
By Councilman Ventura, seconded by Councilman aeinert„ it was
#666-56 RESOLVED that, Jack Coleman, Unity Construction Company, 15030
Wyoming, Detroit 30„ Michigan, as proprietor, having requested the City
Council to approve the proposed plat of the following Subdivision: Algonquin
Park Subdivision, located On the Northwest corner of Middle Belt and Lyndon
in the Northeast 1/4 of Section 23, City of Livonia; and it appearing that
tentative approval of said proposed plgt was given by the City Planning Com-
mission under date of August 10, 1956; and it further appearing that said
proposed plat, together with the Plans and specifications for improvements
therein, have been approved by the Department of public Works under date of
October 11, 1956; the City Council does hereby approve said proposed plat on
the conditions to be set forth in a subsequent resolution to be adopted by
this Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Dagnall, OtNeill, Ventura and Grant.
NAYS: Jones and Daugherty.
The President declared the resolution adopted.
Page 2531
#667-56 RESOLVED that, the r pproval of the proposed plat of the following
Subdivisl.on: Al„onquin Park Subdivision, located on the Northwest corner of
Middle Belt and Lyndon in the Northeast 1/11. of section 23, City of Livonia,
as authorized in resolution #666-56, adopted Octoer 15, 1956, shall be
subject to the following conditions:
(1) All of such improvements shall be installed in conformance with
the Plat Ordinance (No. 135) of the City of Livonia, and the rules
and regulations of the Department of Public Works, within a period
of two (2) years from the date of this resolution;
(2) `.Gnat the installation of such improvements shall be supervised
and inspected by the Department of Public Works and such improve-
ments shall not be considered as having been satisfactorily installed
until there is filed rith the Council a Certificate as provided in
Section 14 of said Ordinance No. 135;
(3) That the City Clerk is not authorized to affix her signature to
said Plat until either said improvements have been satisfactorily
installed or, in lieu thereof, there is filed with her by said
pro xietors a bond to the City of Livonia, in such form as may be
approved by the City Attorney, and in the following amount:
- - Four Hundred Forty-Three Thousand Dollars - - ($)4.3,000.00) - -
and until all inspection fees and other charges due to the City of
Livonia have been fully paid;
(I}) Provided, however, that this approval shall not become effective
until the City of Livonia has entered into a contract with Unity
Construction Company providing for the deposit of certain sums to
be placed in escrow for the purpose of defraying special assessment
for the enclosing and/or tiling of the Bell #2 Drain; and provided
further, that upon approval of such contract by the City Attorney,
the Mayor and City Clerk are hereby authorized to affix their
signatures thereto on benalf of the City of Livonia; and
(5) en full compliance with the above conditions and with the pro-
visions of said Plat Ordinance, the City Clerk is hereby authorized
to ailix her signature to said Plat as evidence of this approval.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Sagnall, O'Neill, Daugherty, Ventura and Grant.
NAYS: None.
Councilman Ventura read the following report from the Insurance Committee:
"The Insurance Committee recommends: in regard to Fire Insurance,
the following policies: (8-27-56) Building at 33211 Nest Seven Mile Road,
w20,Ou0.00 cov ra ;, premium 3143.60 - 3 years; (9-1-56) building at 19080
Middle Jelt, 0.5,0o0.00, premium 4105.00 - 3 years, (9-1-56) building at
33110 rive Mile Doad, b17,000.00 coverage, premium 4119.00 - 3 years, be
renewed through Lhe William lAood Agency without bidding at this time.
Page 2532
"However, since the Livonia fire rate has recently been lowered, we recanuend
that the aforementioned policies be written effective 10-1-56 in order to take
advantage of the lower rate and that, the City accept a binder charge for the
prior period of coverage. Also, it is the recommendation of the Insurance
Committee that the William Wood Agency be instructed to add Vandalism and
MVl icious Misch of to these policies.
In regard to Duty Bond (10-8-56) on all City employees, $997.32
one year; this should definitely be set up for bidding at a three year premium
and it is recommended that the Council advertise for bids in the October 18th
issue of the Livonian, that bids be closed at 8:30 P. M., on October 29, 1956,
and that bids received be subject to approval of the Council at the Novenb er
5, 1956 meeting,
"The Committee further recommends that the William Wood Agency be
requested that said bond remain effective until so awarded, at which time a
pro rate discontinuance will be desired if they are not successful bidders."
/s/ Peter A. Ventura
/s/ David L. Jones
/s/ R. R.Kleinert.
By Councilman Ventura, seconded by Councilman Jones and unanimously
adopted, it was
#668-56 RESOLVED that,the foregoing report and recommendations of the
Insurance Committee be and hereby arc accepted.
By Councilman Bagnall, seconded by Councilman leinert,it was
#669-56 RES. LVED that, the sum of $25,000.00 is hereby transferred from
the Unappropriated Surplus to the Unallocated Fund.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant.
NAYS: None.
By Counc-i i man Bagnall, seconded by Councilman Ventura, it was
#670-56 RESOLVED that, on recommendaLion of the Finance Committee and
with the approval of the Mayor, the following requests for transfer of
funds are hereby approved.
$60.00 from Tool Supplies Acct. #r60 to Office Supplies ##3, D. P. W. Eng. Div.
$150.00 from Misc. #60 to Car Allowance #5, D. P. W. Eng. Div.
$25.00 from Misc. #60 to Postage #7, D. P. 0'. 1.ang. Div.
`,"'1.40.00 from Zoning Board of yppeals Office Supply Acct. #3 to Misc. #60
$125.00 from Acct. #19, Travel and Education to Acct. #60, Misc., City
Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant.
NAYS: None.
Page 2533
By Councilman Kleinert, seconded by Councilman Ventura and unanimously
adopted, it was
#671-56 ilESOLVED that, resolution #576-56, adopted at the regular meeting
of the Council on September 17, 1956, instructing the City Clerk to make ap-
plication to the Michigan Municipal Anance Commission for permission to add
certain streets for the installation of water mains is hereby repealed and
rescinded.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#672-56 REALM) 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 02,520.43,
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:
Jentworth -- from Middle Belt 1Jost
Arcola -- from Livonia Drain to Grantland
Grantland -- from Inkster to Cardwell
Antago -- from Cambridge to Pembroke
Deering -- from Angling to Pembroke
Oakley -- from Sunbury to Lyons
Pershing and Goff -- from Clarita to Seven Mile Road
Joy Road -- from Jayne Road West 3,617 feet
and that the estimate of cost to the City for the above mains is in the amount
of 08,861.00.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Bagnall, O'Neill, Ventura and Grant.
NAYS: Jones and Daugherty.
The President declared the resolution adopted.
The Ordinance entitled "An Ordinance to Change the Name of the Existing
Justice Court and Justice of the Peace in the City of Livonia to Municipal Court and
Municipal Judge and to Establish the Jurisdiction of Such Court", introduced by Council-
man Kleinert October 1, 1956 was taken from the table and a roll call vote conducted
thereon with the followinL, reJult :
AYES: Jones, Kleinert, Bagnaill O'Neill, Dalgherty, Ventura and Grant.
NAYS: None,
The President declared the Ordinance duly ado ted and would become effective on date
of publication, October 250 1956.
Page 2534
The Ordinance entitled ""An Ordinance Amending Section 2.03 of Ordinance No.
51 of the City of Livonia aatitled 'An Ordinance Regulating the Erection, Construction,
Enlargement, Alteration, Repair, Moving, Demolition, Conversion, Occupancy, Equipment,
Height, Area, Location and ,4aintenance of all Buildings and Structures in the City of
Livonia; and Providing for Issuance of Permits) Collection of Fees, Making of Rules
and Establishment of Fire L _mits; Providing for the Repeal of Prior Ordinances; and
Providing Penalties for Violation Hereofy introduced by Councilman Kleinert October
1, 1956, was taken from the table aad a roll call vote conducted thereon with the
following result:
AYES: Jones, Kleinert, Bagnall„ O'Neill, Daagherty, Ventura and Grant.
NAYS: None,
The President declared the ordinance duly adopted and wol_ld become effective on date
of publication Ocuober 25, 1956.
By Councilman Ventura, seconded by Councilman Kleinert and unanimously
adopted, it was
#673-56 RESOLVED that, resolution #634-56 adopted by the Council on October
1, 1956, authorizing the purchase of Lot No. 411. of Botsford Park Subdivision,
be and hereby is rescinded.
By Councilman Daugherty, seconded by Councilman Kleinert, it was
#674-56 RESOLVED that, having considered the recommendations of the l'arks
and Recreation Commission, and further having considered the offer of Arthur
W. Pietila and Ruth S. Pietila, his wife, to sell hereinafter described land
for the sum of Twenty-five Hundred Dollars ( 21500.00)„ to be paid in full
at such time as a deed is executed to the City of Livonia; and that pursuant
to the aforesaid offer and the need of the City for the aforesaid property in
cohnection with its plan for providing adequate park area to the residents of
the City of Livonia, the Council does hereby approve the purchase of the
following described land:
Item 01AA44 - That part of the S. E. 1/4 of Sec. 1 described
as beginping at a point distant S 1° 361 51" E. 1301.03 ft.
and N 8C 281 359 E. 360.0 ft. from the center 1/4 corner of
Lice. 1 and proceeding thence N 88° 281 359 E. 300.0 ft; thence
N 88° 401 239 E 87.89 ft. to the center line of Rouge Creek, thence
Nlly along said center line 75 ft.; thence S 88° 401 239 W 373.10 ft;
thence 3 1° 381 51u E 75.0 ft. to the point of beginning. 0.66 ac...
Page 2535
to be paid in cash when a properly executed deed is delivered to the City of
Livonia; and that One Thousand Two Hundred Fifty Dollars ($1,250.00) is hereby
appropriated from the Unallocated Fund of the 3udget to the Acquisition of Land
Account to be applied to the purchase price of the hereinbefore described
premises.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Banall„ O'Neill, Daugherty, Ventura and Grant.
NAYS: None.
The City Clerk, Marie W. Clark, read the recommendation of the Sewer and
Water Commission dated October 15, 1956 as to bids received for Water Service Products.
By Councilman Jones, seconded by Councilman Klcinert, it was
#675-56 RESOLVED that,on recommendation of the Sewr and Water Commission
dated October 15, 1956, the following bids arc hereby accepted:
3/4" Corporations 1,000 @ Michigan hydrant & Valve
3/4" Curb Stops 1,000 @ 0.70 Nelson - Co.
5 ft. Boxes L. hods 1,000 0 3.48 Nelson & Co.
3/4 Uruon Couplings 400 .60 Ellis & Ford Co.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall„ O'Neill, Daugherty, Ventura and Grant.
NAYS: None.
By Councilman Ventura, seconded by Councilman Daugherty, it was
#676-56 RESOLVED that, upon acceptance of the assessment Roll in opecia 1
Assessment District #8, the recommendation of the -epartment of Public Works
as to the bid of A and A Asphalt Paving Company in the amount of $„)51,317.80
for the resurfacing of certain streets in Rosedale Gardens Subdivision is
accepted, and the City Clerk is authorized to return the bid bonds to the
unsuccessful bidders.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Bagnall, O'Neill, Daugherty, Ventura and Grant.
NAYS: Eleinert,
The President declared theresolution adopted.
Councilman Kleinert introdiced the following Ordinance:
NO.
AN ORDINANCE TO REGULATE CCNDLCT CONSTITUTING A HISDEIEANOR BY
PERSONS IN THE CITY; PRETTTING VICE AND ITT,IORALITY; PROMOTING
PUBLIC 11,ACE, SAFETY AND HEALTH; PROTECT:NG PU3LIO AND PRIVATE
PROPERTY; PROTECTING PUBLIC MORALS; PRON13ITING OF- ENSE INVOLV-
ING CHIDE:a ; PRE0CRIBIN(..1 PENAITIL., FOR VIOLATION CF ITS PRO-
VISIONS; PROVIDING FOR THE DISPOSITION OF FELS AND PENALTIES
COLLECTED BY THE COURT, AND ESTABLISHING THE JURISDICTION OF
TIE MUNICIPAL COURT OF TIE CITY OF LIVONIA.
Page 2536
THE CIT " OF LIVONIA 0 .DA)US:
CHAPi"Ee I. TITT,F, AND DEFINITIONS.
Section 1.1. Short Title. This ordinance may be cited as the "Misdemeanor
Ordinance".
;rection 1.2. Definitions of cords anu Phrases.
"MUNICIPAL CO ,RT" shall mean the Municipal Court for the City of Livonia.
"TUTUNICIPAe JUDGE" shall mean the presi ±Lnp judge of the Municipal Court of
the City of Livonia.
"PESD EEAe0H" shall mean any of those offenses prescribed for in this ordinance.
"PENALTY" shall mean any fine, imprisonment as set forth in this ordinance.
Section 1.3. Additional Definitions. „henever any words and phrases used
herein are not defined but are defined in the State Penal Code any such definition
therein shall be deemed to apply to such words and phrases used herein.
CNAFi: t II. OFFE' eES AGAINST PUi3LIC PEACE.
Section 2.1. Disorderly persons. Any person of sufficient ability who snail
refuse or neglect to support or who has actually abandoned his wife, child or cn.ildren;
any vagrant; any person who is a beggar; any common prostitute; any window peeper; any
person who engages in an illegal occupation or business; an, person who shall be drunk
or intoxicated in any place in the City; any person found loitering in a house of ill
fame or prostitution, or a place where prostitution or lewdness is practiced, encouraged
or allowed; any person Zino shalllniter in or about any police station, police head-
quarters building, court buildine or any other public building or place for the purpose
of soliciting employment o ' legal services or the services of sureties upon criminal
recognizances; any person who shall make any im groper noise, disturbance or riot, or
shall be engaged in an- illegal or improper diversiun, or shall use any indecent, in-
sulting or immoral language in the presence of others or shall be guilty of any indecent
or immoral conduct or behavior in any place in she City of Livonia; any person solicit-
ing for purposes of prostitution, or offering themselves or others as subjects of prosti-
tution for hire; all persons who shall collect or assemble in crowds and bodies for un-
lawful or mischievous purposes in any place in the City of Livonia to the annoyance or
inconvenience of citizens or others; any person who shall wilfully assault another or
who shall commit assault and battery upon another person in said City, or be engaged in
or aid or abet in any fight, quarrel or disturbance in said City; any person who shall
make any indecent exposure of nis or her person in any porch or in any building, street,
lane,alley or elsewnere in said City; all persons who collect or assemble or stand or
sit in crowds in front of or about any church or place of worship in said City during
services or during the gathering or departin, of the congregation, or who collect or
assemble and stand or sit in crowds or loiter about or hinder, obstruct, impede or
block the free and uninterrupted passage on any sidewalk, street, alley or driveway
or in front of any place of business in said City, or in i,he hall, stairway, doorway,
vestibule or passageway leading to any store, office, court room or public hall or
building )r any other place in said City; all persons who shall be found jostling or
roughly crowding people unnecessarily in a public place; all persons that stand, loiter
or stroll about in any place in said City awaiting or seeking an opportunity to obtain
money or other valuable things from others by trick or fraud or to aid or assist therein;
all persons that engage in any fraudulent scheme, device or trick to obtain or that do
obtain money or other valuable things in any place in said City, or that aid or abet or
in any manner are concerned in such scheme, device or tricks, all ropers, steerers or
cappers (so-called) for any gambling, game room or gaming house, or for any gambling
trick or device; all l ec;cors of disorderly houses or _.laces .-where prostitution or lewd-
ness is practiced, encouraged or alloeed and all persons rho frequent or are found
present in such placer; all persons found loiterinL about. or in any hotel or other
place of public resort or Ln any gambling hoese, rooming house, or in any place where
intoxicating liquors are sold, stored, kept or furnished; or all persons wandering
about streets either by night or by day without lawful means of support or without
being able to gi e a sati s"actory account of himself or heself, shall be deemed dis-
orderly persons. It shall be unlawful to be a disorderly person as heretofore defined.
Page '2537
Section 2.2. Assault and attery. It shall be unlawful for any person within
the City of Livonia to attempt or offer, with force and violence, to do a corporal hurt
to another, or to assault and/or batter any other person or persons.
Section 2.3. Gatherings and Meetings. It shall be unlawful for any person
or persons within the City of Livonia to wilfully interrupt or disturb on the first day
of the week any assembly of people met for the worship of God within the place of such
meeting or out of it, or to make or excite any disturbance or contention in any tavern,
dance hall, beer garden, store or grocery, manufacturing establishment or any other
business, place or in any street, lane, alley, highway, public building, ground or
park or at any eiecti 41 or other public meeting in the City of Livonia where any persons
are peaceably and lawfully assembled.
. ection 2.14. Throwing Stones or missiles. It shall be unlawful for any per-
son within the City of Livonia to throw any stone, brick or any other missile at any
passenger train, sleeping car, passenger coach, express car, mail car,baggage car,
locomotive, caboose, freight train, or at any street car, mo Lor bus, automobile or
motor vehicle.
Section 2.5. Breach of Peace. Any person or persons who shall make or
assist in making any noise, disturbance, trouble,or improper diversion, or any rout
or riot, by :arii.ch the peace and g -od order of the City of Livonia are disturbed, shall
be guilty of a breach of the peace and disorderly conduct.
Section 2.6. Resisting Officer. It shall be unlawful to resist any police
officer or other law enforcement agent while in the discharge or apparent discharge of
his duty, or in any way interfere with or hinder him in the discharge of his duty.
CHAPTER III. OFFENSES AGAINST PII.OPERTY.
Section 3.1. Taking or Injuring Gardens, Trees, Shrubs and Vines. It shall
be unlawful for any person Within the City of Livonia to wrongfully take and carry away
from any place Jithin the City of Livonia any fruit tree, ornamental tree,shade tree,
ornamental shrub, or any plant, vine, bush or vegetable there growing,standing or being,
with intent to deprive the owner thereof, or without right and with wrongful intent to
detach from the ground or injure any fruit tree, ornamental tree, shade tree, ornamental
shrub, or any plant, vine, bush, vegetable or garden produce.
Section 3.2. Breaking and Entering Outside Showcase. It shall be unlawful
for any person in the City of Livonia to break and enter, cr to attempt to break and
enter, or enter without breaking, at any time any outside showcase or other outside en-
closed counter used for the display of goods, wares, or merchandise, with intent to
steal, or to commit the clime of larceny therein.
Section 3.3. Breaking and Entering Coin i3ox. It shall be unlawful for any
person within the City of Livonia to maliciously and wilfully, by and with the aid and
use of any key, instruments, device or explosive, blows or attempts to blow, or forces
or attempts to force an entrance into any coin box, depository box, newspaper coin box,
or other receptacle established and ,aintained for the convenience of the public,or of
any person or persons not making payment for any article of merchandise or service,
wherein is contained any money or thing of value, or for any person to extract or ob-
tain or attempt to extract or obtain or attempt to extract or obtain therefrom any such
money or thing of value so deposited or contained therein.
Section 3.4. Malicious Injury of Building of Another. It shall be unlawful
for any person within the City of Livonia to maliciously destroy or injure any house,
or other building of another, or the appurtenances thereof, and where the damage done
shall be($50.00) fifty dollars or less, it is hereby declared a misdemeanor.
Section 3.5. Malicious Destruction of Public Property. It shall be unlawful
Page 2538
for any person within the City of Livonia maliciously to destroy, damage, injure, mar
or deface any building, monument, sign, or structure, or fence, tree, shrub, plant,
park or public property of any kind which is owned, controlled, or managed by the State
of 4ichigan, County of "Wa -ne, City of Livonia, bchool District of L- vonia, or by any
other unit or agency of government whose operating budget is raised in whole or in part
by public taxation, or to commit any act of vandalism on or in any such property.
Section 3.6. Malicious Injury of Fences or Gates of Another. It shall be un-
lawful for any person within the City of Livonia to _IEdiciously break down, injure, mar
or deface any fence or gate lYlonging to or enclosing lands not his own.
CHAPTER IV. OFFENSES AGAINST PCHSONS AIM PROPERTY.
Section 4.1. Larceny from Livoria Public Libraries. It shall be unlawful
for any person within the City of Livonia to procure, or take in any way from the public
library in the City of Livonia or from the Livonia Public Library, any book, pamphlet,
map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript
or exhibit, or any part thereof, with intent to convert the same to his or her own use.
Section 4.2. Larceny fromVacant Buildings. It shall be unlawful for any
person or persons within the City of Livonia to steal or unlawfully remove or in any
manner damage any fixture, attachment or other property belonging to, connected with,
or used in the construction of any vacant structure or building, whether built or in
the process of construction, or to break into any vacant structure or building with the
intention of unlawfully removing, taking therefrom, or in any manner damaging any fixture,
attachment, or other property belonging to, connected with, or used in the construction
of such vacant structure or building, whether built or in the process of construction.
Section 4,3. Larceny of Goods Valued up to $50.00. It shall be unlawful for
any person or persons within the City of Livonia to steal or unlawfully take any money,
goods, chattels or property of any other person, firm or corporation of the value of
fifty ( 50.00) dollars or less.
CHAPTER V. OFFENSES AGAINST PUBLIC MORALS.
bection 5.1. Blasphemy and Indecent Language. It shall be unlawful for any
person within the City of Livonia, who has arrived at the age of discretion, to wilfully
blaspheme The Holy Nano of God by cursing, or contumeliously reproaching God, or for
any person to use any indecent, immoral, obscene, vulgar or insulting language on any
public street, or other public place, or in any place of business open to public patron-
age.
Section 5.2. Lewdness and Indecent Exposure. It shall be unlawful for any
person or persons within the City of Livonia, not being married to each other, to lewdly
and lasciviously associate and co-habit together or for any man or woman, married or un-
married, to be guilty of open and gross lewdness and lascivious behavior, or to designedly
make any open or indecent or obscene exposure of his or her person, or of the person of
another.
Section 5.3. Obscene Books, Pictures and Literature. It shall be unlawful for
any person within the City of Livonia to import, print, publish, sell, design, prepare,
loan, give away or distribute any book, magazine, newspaper, wtiting, pamphlet, ballad,
printed paper, print, picture, drawing, photograph, reproduction, publication or other
thing containing obscene, immoral, lewd or lascivious language, or obscene, immoral,
lvwd, or lascivious prints, pictures, figures or descriptions, manifestly tending to
Page 2539
the corruption of the morals of 'outh, or to introduce into any family, school or place
of education, or to procure, receive or have in his possession any such book, pamphlet,
magazine, newspaper, writing, ballad, printed paper, print, picture, drawing, photograph,
publication or other thing, either for the purpose of sale, exhibition, loan or circu-
lation or with intent to introduce the same into any family,school or place of education.
Section 5.4. Houses of Ill-Fame. It shall be unlawful within the City of
Livonia for any person to keep or maintain a house of iI1-fame or assignation, or place
for the practice of fornication, prostitution, or lewdness.
Section 5.5. Patrons or Inmates of Houses of Ill-Fame. It shall be unlawful
within the City of Livonia for any person to patronize, frequent, be found in, or be an
inmate of any house of ill fame or assignation, or place for the practice of prostitution
or lewdness.
Sectinn 5.6. Leasing Premises. It shall be unlawful for any person to lease
to another any house, room or other premises, in whole or in part, for any of the uses
or purposes set forth in Section 5.5, or to knowingly permit the same to be used or oc-
cupied for such purposes.
Section 5.7. Indecent and Improper Conduct. It shall be unlawful for any
person: to follow, annoy, molest, disturb or insult by voice, conduct or actions any
child under 21 years of age or any woman, or to induce, coax, persuade or induce by
threat any child under 21 years of age or any woman, to enter any vehicle or conveyance,
or to go in or upon any public alley, street, park or private property or place; or to
engage in any indecent, improper, immoral or obscene conduct, behavior or actions.
Section 5.8. AUltiple Night Rentals. No proprietor, manager, or other person
in charge of any place where transients are acoommodated for lodging or sleeping, shall
let any room more than once between the hours of 6:00 P. 11.1 and 6:00 A. 1,4, the next
day except to bona fide travellers with luggage.
section 5.9. Solicitation of Drinks. No female person shall frequent or
loiter in any tavern, bar, or place where drinks are sold with the purpose of solicit-
ing men to purchase drinks. The proprietor of such establishments shall not allow the
presence of any oman who violates this sUb-section.
Section 5.10. 'dindow Peeping. It shall be unlawful to look, peer, or peep
into, or be found loitering around, or within /iew of any window not on his own property,
with the intent of looking through said window.
CiAPTER VI, OEfENSES INVOLVING CHILDREN.
Section 6.1. Ainors Prohibited in Certain Places. It shall be unlawful for
a minor child under eighteen (113) years of age within the City of Livonia, to be per-
mitted, unless accompanied by parent or legal guardian, to remain in any saloon, bar
room or other place where any spirituous or inLoxicatin3 liquor, or any wine or beer,
or any beverage, liquor or llquors containing any spirituous or intoxicating liquor,
beer or malt liquor is sold, given away or furnished for a beverage; or in any place
of amusement known as dance houses or halls, concert saloons or variety theaters. All
such establishments shall be posted with signs bearing the legend: "Ainors under 18
unaccompanied by parent or guardian prohibited." Nor shall any such minor at any time
or under any circumstances be present at or in any house of prostitution; or in any room
o r hall occupied or used for hire, gain, or reward for the purpose of cards, dice or
gaming, gambling, pool-selling or betting in any manner whatever. No proprietor, keeper
or manager of any such place shall permit such minor to remain in any such place who
violates this sub-section.
Page 2540
Section 6.2. Curfew.
a. No child under the age of twelve (12) years shall be permitted, caused
or suffered to be upon the public streets or in any public place between the hours of
ten o'clock P.M., and six o'clock A.M., unless such child is accompanied by his or her
parent or guardian, or some adult delegated by the parent or guardian to accompany such
child.
b. No child under the age of twelve (12) years shall be permitted, caused or
suffered to be engaged or employed as a bootblack, or in the selling of magazines, period-
icals, newspapers, goods, wares or merchandise, of any kind or nature upon the public
streets or in any public place between the hours of ten o'clock P. M. and six o'clock
A. M., or to accompany any person so engaged or employed.
c. The parent or guardian of the child shall be held responsible for the
enforcement of Sections a. and b. of this sub-section.
d. It shall be unlawful for any inor under the age of seventeen (17) years
to loiter, idle, congregate, or otherwise be in or on any public street, highway,alley„
park, or any public place, between the hours of 12:00 o'clock midnight and six o'clock
o'clock A.M., immediately following, except where the said minor is accompanied by a
parent or guardian, or some adult above twenty-one (21) years of age delegated by the
parent or guardian to accompany such child, or where the presence of said minor in said
place or places is connected with and required by some legitimate work, trade, pro-
fession, or occupation in Jnich said minor is enga_ed, or where such minor is upon an
emergency errand or other legitimate business directed by his or her parent or guardian.
e. Any person assisting, aidinL, abetting, or encouraging any minor under the
age of seventeen (17) years to violate the provisions of Section d. hereof, shall be
aouilty of a violation of this ordinance and when any minor is found violating the provisions
of said Section d., a presumption shall arise thaL the parent or legal guardian having the
care and custody of the said minor assisted, aided, abetted, and encouraged such minor in
so violating said section.
Section 6.3. Presence in Billiard Parlors. It shall be unlawful for any person
operating or having the control of any billiard or pool table for profit, or who has the
control of any room rooms wherein is kept, used, or operated, for profit, any billiard
or pool-table of any kind whatsoever, to permit or allow any minor under the age of
eighteen (18) to play thereon or to use any such table, or to remain in, or frequent
such room. It shail also be the duty of any person who is the proprietor or keeper of
a billiard parlor or pool hall to post conspicuously in his place of business the follow-
ing sign: "Minors Under the Age of Eighteen (18) Years Not Allowed Here."
CHAPTER VII. NUISANCES.
Section 7.1. Maintaining a Nuisance. Nuisances are not to be created or main-
tained. No owner or occupant,firm, or corporation having control or management of any
dwelling or any building, structure, excavation, business pursuit, matter or thing, shall
allow any nuisance to be created or to exist on the premises of which such person, firm
or corporation, is the owner or exercises control or management thereof; nor shall any
person, firm, or corporation owning or occupying any public or private street, alleyway
or any premises whatever, or having control :r management thereof, within the limits of
the City of Livonia, create or maintain a nuisance thereon.
Page 2541
Section 7.2. 11,-ise Producing Devices. The operating or maintaining of noise
making, noise amplifying or noise producing instruments or devices by which the peace
or good order of the neighborhood is disturbed is hereby declared a nuisance. It shall
be unlawful for any person, firm, as_Jociation or corporation by himself or another to
operate or maintain any radio, phonograph, player-piano, calliope, or other noise making,
noise amplifying or noise producing instrument or device in any public or private place
in such, manner by hich he peace and good order of the neighborhood is disturbed or
annoyed.
Section 7.3. Vendors Noise or Conniotion. It shall be unlawful for any hawker,
vendor, huckster, peddler, snlesman, agent or other person by himself or another, selling
his wares or merchandise, or disposing of his services or granting any privileges, from
any public or private place or structure unenclosed in whole or in part, to make a com-
motion or make unnecessarily loud noises for the purpose of attracting others, whereby
the peace or good order of the neighborhood is disturbed, or persons owning or occupying
properbr in the neighbor .eod are disturbed or annoyed. It shnll be unlawful for any
person in any vehicle to make a commotion or maie unnecessarily loud noises whereby the
peace and good order of the neighborhood is disturbed, or persons owning or occupying
property in the neighborhood are disturbed or annoyed.
Section 7.4. Barking Dogs. It shall be unlawful to permit, in an R-1 or R-2
district, any dog to continue any loud and unnecessary baring between the hours of
10:00 P. M., and 7:00 A. M., which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of the neighborhood, or keep any animal which
by causing frequent or long-continued noise shall disturb the comfort or repose of any
persons in the vicinity; the making or causing of such disturbance is declared to be
a public nuisance.
Section 7.5. Smoke, Soot, Cinders, Noxious Acids, Fumes and Gases Prohibited.
It shall be unlawful for any person, firm, or corporation to permit or cause the escape
of such quantities of smoke, soot, cinders, noxious acids, fumes andLases in such place
or manner as to be detrimental to any person or to the public, or to endanger the health,
comfort and safety of any such person or of the public, or in such manner as to cause or
have a tendency to cause injury or damage to property or business. The escape of such
matter is hereby declared to be a public nuisance.
Section 7.6. Lights. It shall be unlawful to use or maintain any lighting
facilities connected with any use of land, or operaiiun of any place or business or
factory, so as to reflect light upon any residential use adjacent to such lighting
facilities. The use of lights in this manner is declared a public nuisance.
C AFTER VIII. FORTUNE TELLING.
Section 8.1. i''ortune Telling For Gain. It shall he unlawful for any person
within the City of Livonia to pretend for money or gain, to tell fortunes, or to predict
future events by cards, tokens, trances, the inspection of the hands or the conformation
of the skull of any person, by mind-reading, or by consulting the movements of the
heavenly bodies or by other means.
Section 8.2. Pretending_ by Palmistry or Other ileans. It shall be unlawful
for any person within the City of LivonLa to pretend by or through means of palmistry,
phrenology, clairvoyancy, astrology or fortune telling by cards or other devices for
money or gain, to enable anyone to get or recover lost or stolen property, or to sive
success in business, enterprise, speculation or games of chance, or to make one person
dispose of property, business or valuable thing in favor of another.
Page 25 .2
Section 8.3. Advertising Fortune Telling and Evidence. It shall be unlawful
for any person within the City of Livonia to publish by card, circular, sign, newspaper
or any other means whatsoever, that he or she shall or will predict future events, and
any person whose fortune may have been told, as aforesaid, shall be a competent witness
against all persons charged with any violation of the preceding sections.
CHAPTER IK. GAMBLING.
Section 9.1. Gambling and Frequenting Prohibited. It shall be unlawful for
any person or persons to deal, play, engage in or frequent any faro, roulette, dice,
cards, or gambling for money or other valuable thing, or in any other device or game of
chance, hazard or skill, either as bookmaker, dealer, keeper, player, or otherwise, for
the purpose of gambling for money or other valuable thing, or to attend or be found fre-
quenting any place where gaming or gambling is taking place.
Section 9.2. Keeping or Occupying Building for Gambling. It shall be unlawful
for any person, or his agent or employee, within the City of Livonia, to directly or in-
directly keep or occupy, or assist in keeping or occupying any common gambling house, or
any building or room therein, or place within the City of Livonia where gaming is per-
mitted or suffered, or to suffer or permit on any premises owned, occupied or controlled
by him, any apparatus used for g aming or gambling or to use such apparatus for gaming in
any place within the City of Livonia .
Section 9.3. Keeping Gaming Room for Hire,Gain or Reward. It shall be unlaw-
ful for any person within the City of Livonia to keep or maintain for hire, gain, or
reward, a gaming room or gaming table, or any game of skill or chance, or partly of
skill and partly of chance, used for gaming, or to knowingly suffer a gaming room or
gaming table or any such game to be kept, maintained or played on any premises within
the City of Livonia occupied or controlled by him, or for any person to aid, assist or
abet in the keeping or maintaining of any such gaming room, gaming table or game within
the City of Livonia.
section 9.4. Gambling Place and Equipment. It shall be unlawful for any per-
son, or his agent or employee, within the City of Livonia, to directly or indirectly
keep, maintain, operate or occupy any building or room, or any part thereof, or any place
with apparatus, books, or any device for registering bets, or buying or selling pools
upon the result of a trial or contest of skill, speed or endurance, or upon the result
of a game, competition, political competition, appointment, or election, or any pur-
ported event of like character, or to register bets, or buy or sell pools, or to be
concerned in buying or selling pools, or to knowingly permit any grounds or premises
owned, occupied, or controlled by him, to be used for any of the purposes aforesaid.
Section 9.5. Policy or Pool Tickets and Confiscation of Article. It shall be
unlawful, within the City of Livonia, for any person or persons to be in possession of
any policy or pool tickets, slips or checks, memoranda or any combination, or other bet,
manifold or other policy, or pool books or sheets, or of any such articles, or of any
other implements, apparatus or materials of any other form of gaming. And any and all
such articles hereinbefore mentioned may be confiscated and destroyed by the Police De-
partment of the City of Livonia, or used in evidence in any prosecution for violation.
Section 9.6. No Conflict with State or Federal Statutes. This Chapter of
the Ordinance shall not be construed so as to conflict with any State or Federal Statute
and when any action or conduct is permissible under State or Federal Law it shall not
constitute a misdemeanor under the provisions of this Chapter of the Ordinance.
Page 25 .3
CIIAP..Eft X. FIREsORI a AND FIRES.
Section 10.1. Sale or Use of Fireworks Prohibited. It shall be unlawful for
any person, firm or corporation to offer for sale, expose for sale, or sell at retail,
give, furnish, use, explode or cause to explode any blank cartridge, toy pistol, toy
cannon, toy cane or toy gun in which explosives are used; a type of balloon which re-
quires fire underneath to propel the same, fire crackers, torpedoes, sky rockets, Roman
candles, Daygo bombs or other fireworks containing any explosive, or inflammable compound,
or any tablets or other devices commonly used and sold as fireworks, provided, however
that the Council of the City of Livonia, may, upon application in writing grant a permit
for the public di play of fireworks by any organization or groups of individuals, ap-
proved by the City Council.
Section 10.2. False Alarm of Fire. It shale be unlawful for any person within
the City of Livonia to knowingly and wilfully ra lse a false alarm of fire at any gather-
ing or in any public place, or to rine, any bell or operate any public or ,rivate nechani-
ca.l fire alarm apparatus for the purpose of croatin[, a false alarm of fire.
Section 10.3. Obstructing and Disobeying Firemen in Line of Duty. It shall
be unlawful for any person within the City of Livonia to knowingly and wilfully hinder,
obstruct or interfere with any fireman in the performance of his duties, or who shall,
while in the vicinity of any fire, wilfully disobey and/or disregard any reasonable
order, rule or regulation of the of 'icer commanding any Fire Department at such fire.
CHAPTER XI. FLAUDS.
Section 11.1. Frauds - Unlawful. It shall be unlawful for any person or per-
t. sons within the City of Livonia to engage in any fraudulent scheme, device or trick to
obtain money or other valuable thing, or to aid or abet, or in any manner to be concerned
therein.
Section 11.2. False Representation as Blind or Crippled. It shall be unlawful
for any person within the City of Livonia to falsely represent himself or herself as
blind, deaf, dumb, crippled or physically defective for the purpose of obtaining money
or any other thing of value, or to secure aid or assistance on account of such representa-
tion.
Section 11.3. False Statements for 'delfare Aid Unlawful. It shall be unlaw-
ful for any person or persons within the City of Livonia to obtain by means of a wilfully
false statement or representation or by impersonation, or other fraudulent device:
(a) Aid, relief or welfare assisuance to which he or she is not
entitled; or
(b) Aid, relfef or welfare assis6ance greater than that to which
he or she is entitled; or knowingly aids or abets in buying or in any way dis-
posing of the property of a recipient of aid, relief or welfare assistance.
CHAPTTE_t XII. MISCELLANEOUS.
.
Section 12.1. Cruelty to Animals Proh_bited. It shall be unlawful for any
owner, possessor or person having the charge or custody of any animal within the City
of Livonia, to cruelly drive or work the same when unfit for labor, or to carry or cause
to be carried on or upon any vehicle, or otherwise, any living animal, have the feet and
legs tied together or in any other cruel and inhuman manner to carry or cause to be
Page 2544
carried any living animal , in or upon any vehicle, or otherwise, without providing suit-
able racks, cars, crates or cages in Which such anima3 may stand or lie down daring trans-
portation and while awaiting slaughter, or tc abandon any diseased, i:aimed, hopelessly
sick, infirm or disabled animal in any place within the City of Livonia, or to wilfully
or negligently permit and allow any aged, diseased, maimed, hopelessly sick or disabled
animal to suffer unnecessary torture or pain.
Section 12.2. Tampering. It shall be unlawful to tamper with, injure, deface,
destroy, or remove any sign, notice, marker, fire-alarm box, fire-hydrant, topographical
survey instrument, water meter, water stop box, or any other personal property erected
or placed by the City; or to make any unauthorized taps into the water lines or any un-
authorized use of fire hydrants.
CHAPTER XIII. MISCELLANEOUS PROVISIONS.
Section 13.1. Penalties for Misdemeanors. It shall be unlawful and consti-
tute a misdemeanor for any person to violate or fail to comply with any of the provisions
of this Ordinance, unless such violation or failure is by Statute of the State of Akchi-
gan declared to be a felony. Every person convicted of a misdemeanor for a violation
of, or failure to comply with any provision of this Ordinance or any regulation shall be
punished by a fine of not more than five hundred ( 600.00) do .lars, or by imprisonment
for a period of time not to exceed ninety (9o) days, or to Doth such fine and imprison-
ment in the discretion of the court, unless otherwise provided in this Ordinance. Each
act ofliolation and every day upon which such violation shall occur shall constitute a
separate offense.
LSection 13.2. Disposition of Fines. Pursuant to Section 10 of Chapter VI of
the City Charter all fines, penalties and forfeitures collected or received by the
Municipal Judge, or any Justice of the Peace or Municipal Judge acting in his stead for
or on account of violations of the offenses, the penal laws of the State, and all fines,
penalties, forfeitures and monies collected or received by such Municipal Judge for or
on account of violations of any of the ordinances of the City, and all fees sh111 be paid
over by such municipal judge to the Treasurer of the City on or before the first Monday
of the month next after the collection or receipt thereof, and he shall not be entitled
to receive his monthly salary until his account for the preceding month has been fully
settled, and all fees and costs shall have been paid over ad aforesaid.
Section 13.3. Jurisdiction of the Municipal Court. Pursuant to Section 5 of
Chapter VI of the City Charter, the Municipal Court shall have jurisdiction to hear, try
and determine all complaints for the violation of this ordinance and all the ordinances of
the C ity of Livonia, and all persons convicted by or before such municipal judges or the
violation of any of the ordinances of said C ity, may, by the municipal judge before whom
such conviction is had, be fined or imprisoned, or both in the discretion of such muni-
cipal judge, according to the terms of the ordinances under which such trial and con-
viction was had, and if a fine be imposed it shall be with the costs of prosecution, if
the ordinance so provides, and an appeal may be taken to the Circuit Court for the County
of Mayne by the person convicted, as in criminal cases all imprisonments imposed under
this section may be in the County Jail for the County o., hvne.
Section 13.4. Repeal. All ordinances or parts of ordinances in conflict or
L inconsistent with the provisions of this ordinance are hereby repealed.
Section 13.5. :.)everability. If any part or parts of this ordinance are for
any reason held to be invalid, such decision shall not affect the validity of the re-
maining portions of this ordinance.
Page 251.5
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council, October 22, 1956.
By Councilman Daugherty, seconded by Councilman Bagnall and unanimously
adopted, it was
#677-56 RESOLVED that, the Easement Grading Ordinance, as prepared by the
City Attorney, its hereby referred to the City Planning Commission for public
hearing.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#678-56 RESOLVED that, on recommendation of the Department of Public gorks,
the bid of International Salt Company for Pock Salt in the amount of 49.25
per ton delivered is hereby accepted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Daugherty, Ventura and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
REcOLVED that, the bid for gasoline for the Department of Public
Works be awarded to Pure Oil Company.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert and O'Neill.
NAYS: Jones, Bagnall, Daugherty, Ventura and Grant.
The President declared the resolutioncbnied.
By Councilman Ventura, seconded by Councilman Jones, it was
RESOLVED that, all bids for gasoline be rejected and the City
Clerk is instructed to readvertise for bids and the Department of Public
Works continue to buy gas from the present source until bids are received.
A roll call vote was taken on the foregoing resolution ilith the following result:
AYES: Jones and Ventura.
NAYS: Kleinert, Bagnall, O'Neill, Daugherty and Grant.
The President declared the resolution denied.
By Councilman Daugherty, seconded by Councilman Bagnall, it was
#679-56 RESOLVED that, the bid for gasoline for the Department of Public
Page 2546
L°forks be awarded to Consumers Petroleum Co., at ,,,.1425 per gallon, such
iwsbeing the low bid.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, Bagnall, O'Neill, Daugherty and Grant.
NAYS: Ventura.
The President declared the resolution adopted.
Councilman Bagnall was excused at 11:54 P. N.
By Councilman Ventura, seconded by Councilman O'Neill, it was
#680-56 RESOLVED that, the foregoing resolution #679-56 accepting a bid
for gasoline be and hereby is rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, O'Neill, Ventura and Grant.
NAYS: Jones and Daugherty.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Jones, it was
#681-56 RESOLVED that, all bids for gasoline be rejected and that the
City Clerk is instructed to r eadmertis e for bids and the Department of
Public `rdorks is to continue to buy gasoline from the present source until
bids are received.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, O'Neill, Ventura and Grant.
NAYS: Kleinert and Daugherty.
The President declared the resolution adopted.
By Council,.an Ventura, seconded by Councilman Kleinert, it was
#682-56OLVED that, the report of the Department of Public yJorks in regard
to the bid for heating of the new engineering building is approved and that the
contract for said heating be awarded to Conard Heating Company, 11660 Merriman
Road, Livonia, in the ami unt of 03,025.82, which price includes heating and
gas line; and the Mayor and City Clerk are hereby authorized to enter into a
contract on behalf of the City of Livonia in such form as may be approved by
the City Attorney.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, O'Neil!, Daugherty, Ventura and Grant.
NAYS: None.
Page 2547
The City Clerk, Marie V. Clark, read a letter dated September 26, 1956 from
Sam Altschul regarding water tap charges.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#683-56 RssOLVLD that, the letter of Dam Altschul regarding the refund of
Thirty Dollars for certain water permits received by Mr. Sam Altschul, be
referred to the Dewer Committee of the Council for study and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jones, Kleinert, O'Neill, Daugherty, Ventura and Grant.
NAYS: None.
By Councilman Daugherty, seconded by Councilman Ventura and unanimously
adopted, it was
#684-56 RESOD/ED that, the request from the Rosedale Gardens Presbyterian
Church 4omen's Association, dated september 26, 1956, for permission to block
off the following streets:
Hubeara, from the South side of church driveway to the North
side of OranLelawn; from the East corner of Hubbard to the
aest corner of Fairfield; Fairfield, from the North corner
of urangelawn to the mouth side of church driveway;
in order to safely stage its annual "Fall Fair" on Friday, October 26, 1956,
from 3:00 P. N., to 5:0U P. M., is hereby approved.
The City Clerk, Marie vi. Clark, read a letter dated October 1, 1956 from the
Department of l'ublic corks regarding the „bsition of Assistant City Engineer.
By Councilman Jones, seconded by Councilman O'Neill, it was
#685-56 RESOLVED that, upon approval of the Civil Service Commission,
there is hereby created and established the position of Assistant City
Engineer to serve the Department of Public '4orks; that such Assistant City
Lnginser shall be in the Classified Civil Service, and the Civil Service
Commission shall conduct examinations thereon; that the salary for such
Assistant City engineer shall be c07,200.00 per year.
Councilman Dagnall returned at 12:12 A. N., Tuesday, October 16, 1956.
A roll call vote was taken on the foregoing resolution with the follcyling result :
AYEs: Jones, Kleinert, :agnall, O'Aeill, Daugherty, Ventura and Grant.
NAYS: None.
President Grant appointed the follo-ring Civic Center Committee: Councilmen
Bagnall, Ventura, O'Neill and Jones.
Page 2548
The City Clerk, Marie W. Clark, read a letter dated October 6, 1956 from the
City engineer as to release of bond in River Bend Subdivision.
By Councilman Reinert, seconded by Councilman O'Neill, it was
#686-56 IZOLVED that, pursuant to the recommendation of the Director of
Public ,orks and the City Engineer dated October 5, 1956, the Council does
hereby release the subdivision improvement bond in the amount of Eleven
Thousand Dollars 011,000.00) which was deposited to guarantee improvements
in River Bend Subdivision; and the City Clerk and the City Treasurer are here-
by authorized to do all things reasonably necessary to the full performance of
this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYEe: Jones, Reinert, .Bagnall, O'Neill, Daugherty, Ventura and Grant.
NAYS: None.
By Councilman Saonall, seconded by Councilman Ventura, it was
#687-56 RESOLVED that
+WNEREAS, widespread flood conditions on a number of occasions in
recent months ,,,as caused eetensive property loss and considerable damage to
homes and property in the City of Livonia and over a wide area in other
municipalities �n Wayne County, and
IIERLA.J, these flood conditions have resulted in a dangerous and
constant menace to the health of thousands of people, and
dieEREAS, the promotion of the pudic health and the elimination
of conditions that endanger the public health should be first and foremost
in the minds and hearts of every public official, State, Federal and Local,
taking precedence ;ver every other public consideration;
NOW, T Ii BEFORE, THE COUNCIL OF TIIE CI r OF LIVONIA RPSOLUES:
1. That the dangerous flood conditions obtaining in the City of
Livonia and through a great portion of Jayne County, which constitute a
continuin„ menace to health, life and property in this area, be alleviated
and ultimately eliminated entirely and to this end specific action be taken
as hereinaft r authorized.
2. That our Congressman, .Martha W. Griffiths, our Senators, Charles
E. Potter and Patrick ecNamara, sovernor G. Mennen 'Williams and our State
Senator John Uwainson bu and they hereby are requested, within the scope of
their respective authorities, to intervene, on behalf of the City of Livonia
and other flood endangered areas in Wayne County, with all appropriate
agencies of the Federal and State Government to provide for the necessary
engineering survey upon ouch to adopt a general plan of flood control and
that any further legislative action, or governmental agency action, needed
to promote and insure the elimination of these conditions be immediately
pursued by the above named government officials.
Page 2549
3. Teat the Housing and Home i'dnance Agency of the Federal Govern-
ment be contacted and asked fJr its assistance and cooperation in devising
federal home finance regulations that will provide for the elimination of the
flood hazards in the areas herein mentioned.
4. That the United States Public Health Service, the Federal Security
Agency and the office of LeRoy E. Burney, H. D., Surgeon General of the Jnited
States, all be petitioned to lend their offices to the elimination of the
hazardous and unhealthful continuing flood threat conditions that are a
constant menace to this area.
5. That the City Clerk of Livonia be, and hereby is authorized and
instructed to send a certified copy of this resolution to the public officials
and the ,u)lic cifices and agencies above mentioned, and that the City Clerk
likewise send a copy thereof, to other cities, tcunships and villages in
ayne bounty, erging their joining with the City of Livonia by taking action
similar to that provided in this resolution and that their opinions and
suggestions be eolicited in furtherance of the aims herein expressed and
because the accomplishment of the ends herein desired demand the whole-hearted
and complete cooperation of aU cities, villages and townships in this area.
A roll call vote was taken on the fore ;oing resolution with the folle.ing result:
AYES: Jones, Kloinert, Bagnall, ufNeill, Daugnerty, Ventura and Grant.
NAYS : None,
Councilman Jones introduced the following Ordinance.
NO.
AN ,DINANCE VACATING PORTIONS OF STREET,
ALLY AND Ui3LIC GROUND.
TiE CITY OF LIUNIA ORDALls:
Section 1. The report and recommendaLion of the City Planning Commission
dated August 10, 1956, on Petition No. V..1)i for vacating portions of certain street,
alley and public ground, are hereby received and filed. The Council does hereby ap-
prove all proceedings on said petition, it appearing that a public hearing thereon was
duly held on August 7, 1956, as provided by law, and that proper notices of such hearing
were given. Havirk, carefully considered such petition, report and r ecomrnendation, ..he
Council does hereby reject such recommendation and does hereby grant said petition.
Lection 2. Pursuant to Ordinance No. 29, of the City of Livonia, entitled,
"An Ordinance Providing For Vacating of Streets, Alleys and Public Grounds" as amended
by Ordinance No. 50, the following portions of certain street, alley and public ground
are hereby vacated:
(a) that certain easement described in Petition No. V-14, being
more properly described as:
"That street located in 4estmore Subdivisions a part of the
Southwest 1/4 of Section 3, Town 1 South, Range 9 East, running
in an easterly direction from ',Jestmore to Shadyside and lying
Page 2550
adjacent to and immediately North of lots 124 and 203 in said
subdivision."
provided, however, that, there be and hereby is reserved a twelve (12) foot
easement for ,ublic utilities.
Section 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to 4ve 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 portion of this ordinance.
Theforegoing Ordinance was placed on the table for consideration at the
next reg Jar meeting of the Council.
The City Clerk, Marie I. Clark, read the report of the City Assessor for
-Tecial Assessment District No, 8, Rosedale 'dardens.
By Councilman Ventura, seconded oy Councilman O'Neill, it was
#688-56 1li3OLITED that
II-ElteAS„ pursuant to the direction of the Council, the City Assesor
of said City of Livonia„ has prepared and reported to the Council the assess-
ment roll covering and containing the Special Assessment assessed and levied,
respectively, in proposed Special Assessment District No. 8 as heretofore
established for the construction of proposed improvements in said district as
desimated in resolution heretofore adopted by the Council;
THEREFOEE at, IT REDOLilla) that, the said roll be accepted by the
City Council and that it be filed in the office of the City Clerk for public
exam_,.nation and that the City Clerk be and hereby is directed to give notice
purshant to the provisions of Ordinance No. 31 of the City, as anended by
Ordinances Nos. 46, 65 and 73; and that the Assessment Roll has been made
and filed in the office of the City Clerk for public examination, and that
the City Council of the City of Livonia will meet in the Municipal Building
in said City at 7:30 o'clock P.M., on October 29, 1956 to review the said
Special Assessment Aoll, at whiCh time and place opportunity will be given
to all _ersons inuerested to be heard;
IT IS FURTHER FESOLVED that, the City Clerk give notice of said
hearin„, by causin6 a copy of this resolution to be published once in The
Livonian, a newspaper published and circulated in said City, at least ten
(10) days prior to the date of 'ctober 29, 1256, and that the City Clerk
also give notice thereof to each property owner subject to special assessment
by reason of said improvements; the addressed of said property owners to be
taken from the latest tax assessment roll in the City Assessor's office.
A roll call vote was taken on the foregoing resolution with the followhg result:
AYES: Jones, Bagnall, O'Neill , Daugherty, Ventura and Grant.
NAYS: Kleinert,
The President declared the resolution adopted.
Page 2551
Marie W. C,lar , City Clerk, read the report of the Municipal Court for the
month of September, 1956, thich was received and placed on file.
By Councilman Bagnall, seconded by Councilman O'Neill and unanimously
adopted, it was
#689-56 RISOLVED that, the petition No. V-17 of Mr. Louis Sauve, et al,
to vacate a certain alley in ,Jection 3!) be referred to the City Planning
Cmdssion for action according to law and Lrdulance No. 29, as amended.
The City Clerk, Marie ive Clark, read a petition of residents on West Chicago
in Rosedale Gardens Subdivision.
By Councilman DaugheIty, seconded by Councilman Ventura and unanimously
adopted, it was
090-56 REDOLV'ED that, the petition of ho3edale Gardens residents asking
that :est Chicao -pad remain at its present width be referred to the Streets
and Roads Committee of the Council.
Marie W. Clark, City Clerk, read a letter dated October 11, 1956 from the
Department of Public forks regarding alternate rubbish dump site,which was received
and placed on file.
By Councilman Dagnall, seconded by Councilman Daugherty and unanimously
adopted, it was
#691-56 R&DOLVED that, the arLual budLet of the City of Livoma for the
fiscal year com. encing December 1, 1)56 as subm_tted to the Mayor and filed
by him with the Council, be set for public hearing on October 30, 1956 at
8:00 P. M., a the City Hall, 33001 Jaye Road, and that notice of such
hearing be published in The Livonian on Octooer 18, 1956, pursuant to the
provisions of the City Charter.
On motion of Councilman Bagnall, seconded by Councilman Daugherty and
unanimously adorted, this 185th regular meeting of the Council of the C ity of Livonia
was duly adjourned au 12:46 A. M., October 16, 1)56.
L .
4. Clark, City Clerk