HomeMy WebLinkAboutCOUNCIL MINUTES 1955-05-17 ADJOURNED Page 1875
MINUTES OF THE ADJOURNED ONE HUNDRED FORTY-SECOND REGULAR
MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 17, 1955, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:08 P. M. Councilman
Kleinert delivered the invocation. Roll was called with the following result:
Present-- John T. Daugherty, David L. Jones, Rudolf R. Kleinert, John W. Whitehead,
Nettie Carey and Wilson W. Edgar. Absent-- Harry R. Killam.
Mr. John Nunneley of Miller, Canfield, Paddock and Stone, presented to the
Council the amendment to Ordinance No. 98 for consideration. Mr. David Lewis, Mr.
William Bleakly and Mr. N. L. Smokier were present on this matter.
Councilman vhi_tehead was excused at 9:45 P.M., and returned at 9:50 P.M.
Councilman Jones introduced the following Ordinance:
NO. 100
AN ORDINANCE TO AMEND SECTIONS 1, 2, 5, 6, 7,
8 AND 15 OF ORDINANCE NO. 98 OF THE CITY OF
LIVONIA ENTITLED: "AN ORDINAL\EE COMBINING ALL
SEWAGE DISPOSAL FACILITIES OF THE CITY OF
LIVONIA INTO A SINGLE SEWAGE DISPOSAL SYSTEM;
PRO TIDING FOR THE MAINTENANCE AND OPERATION
OF SAID SYSTEM ON A PUBLIC UTILITY BASIS; PRO-
VIDING FOR THE FIXING AND COT,TZCTION OF RATES
AND CHARGES TO USERS AND BENEFICIARIES OF SAID
SYSTEM AND CERTAIN STORM SEWERS CONSTRUCTED;
PROVIDING FOR THE ALLOCATION AND USE OF THE
REVENUES DERIVED FI-DM THE CDT,TJ CTION OF SUCH
RATES AND CHARGES; PROHIBITING UNAUTCRIZED
CONNECTIONS, AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF."
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 1, 2, 5, 6, 7, 8 and 15 of Ordinance No. 98 of the
City of Livonia, duly adopted and approved on April 18, 1955, are hereby amended to
read as follows:
Section 1. In construing this Ordinance, the terms and words herein-
after defined, unless the context clearly establishes otherwise, shall be given
the meanings hereinafter set forth.
SEWAGE DISPOSAL SYSTEM. The term "Sewage Disposal System," as used herein,
shall be construed to mean and include all sanitary sewers, combined sanitary
Page 1$76
and storm sewers, plants, works, instrumentalities and properties used or useful
in connection with the collection, treatment and/or disposal of sewage andjor
industrial wastes, now in existence or hereafter acquired or constructed within
the corporate limits of the City of Livonia.
STORM SEWERS. The term "storm sewers," as used herein shall be cohstrued and
limited to mean only those sewers being constructed in the central area and north-
east area for surface drainage purposes only, pursuant to the contract between
the City of Livonia and the Board of County Road Commissioners of the County of
Wayne, Michigan, acting for and on behalf of the County of Wayne, dated March 21,
1955.
CONTRACT. The term "contract," as used herein, shall be construed to mean
the contract heretofore made and executed between the City of Livonia and the
Board of County Road Commissioners of the County of Wayne, Michigan, acting for
and on behalf of the County of Wayne, dated March 21, 19 55, as referred to in
the preamble hereto.
BONDS. The term "bonds," as used herein, shall be construed to mean the
Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia
Section) in the aggregate principal sum of $5,100,000.00 to be issued pursuant
to the provisions of the contract, and Ordinance adopted by the Board of Super-
visors of the County of Wayne under the provi sions of Act 342, Public Acts of
Michigan, 1939, as amended.
FIXED DEBT RETIREMENT PAYMENTS. The term "fixed debt retirement payments"
as used herein, shall be construed to mean the payments required to be made by
the City to the Board of County Road Commissioners of the County of Wayne for
the retirement of the bonds pursuant to the provisions of the contract.
USER OR USERS. The term "user" or "users," as used herein, shall be con-
strued to mean any premise or premises connected with and using any of the
facilities of the Sewage Disposal System for the disposition and removal of
sewage or wastes.
BENEFICIARIES. The term "beneficiaries," as used herein, shall be construed
to mean and be limited to those lands and premises either fronting on, or
traversed by, the storm sewers to be constructed pursuant to the provisions
of the contract.
SANITARY SEWERS. The term "sanitary sewers," as used herein, shall be con-
strued to mean those sewers of the Sewage Disposal System designed for the
purpose of carrying sanitary flow only.
CITY ODUNCTT,. The term "City Council," as used herein, shall be construed
to mean the City Council of the City of Livonia as provided by its Charter,
the legislative and governing body of the City.
CITY. The term "City," as used herein, shall be construed to mean the City
of Livonia, a Michigan municipal corporation.
Section 2. From and after the date of adoption of this Ordinance
the Sewage Disposal System, as herein defined, shall be operated and maintained
by the City on a public utility basis as authorized by the provisions of Act
342, Public Acts of Michigan, 1939, as amended, and Act 94, Public Acts of
Michigan, 1933, as amended. It is hereby declared to be the intent and
Page 1877
purpose of the City Council to establish reasonable anl uniform rates and
charges applicable to various classifications of users so as to provide funds
to as far as possible (a) operate and maintain said Sewage Disposal System in
a reasonable, proper and efficient manner, and (b) to pay the indebtedness in—
curred by the City in the acquisition and construction of extensions, additions
and improvements to the said Sewage Disposal System.
Section 5. From and after the date of adoption of this Ordinance, the
rates and charges for the services and benefits provided by the Sewage Disposal
System shall be as prescribed by the City Council of the City of Livonia. Such
rates and charges shall be levied against all users and beneficiaries of the
said System, and the various classifications of said rates and charges shall
initially be as follows:
CONNECTION CHARGES
I. For all new houses or residential dwellings constructed
or completed subsequent to the date of the adoption of this
Ordinance, with the exception hereinafter provided, the sum
of $300.00 shall be paid as a connection rate or charge. At
the option of the applicant, such charge shall be paid in full
either (a) at the time permit is requested for a connection to
the Sewage Disposal System, or (b) at the time final inspection
of said property prior to occupancy is requested from the City.
If the applicant for a connection permit desires to exercise
the second option above provided, applicant shall sign an agree—
ment in form prepared by the City to pay said sum at the time
final inspection is requested, in which event no final inspect—
ion shall be made until said sum is paid.
2. For all houses or residential dwellings heretofore con—
structed or completed and occupied, but net connected to the
SewaT Disposal System, the following shall be paid as a con—
nection rate or charge: (a) The sum of $300.00 in cash prior
to permit being issued for any connection, or (b) at the option
of the applicant, in lieu of such cash payment, such connection
rate or charge may be paid at the rate of $3.00 per quarter
until a total of $360.00 has been paid, said sums to be billed
quarterly at the same time as the consumption rates hereinafter
set forth are billed as a separate item in said bill.
3. For all new houses or residential dwellings constructed
and completed subsequent to the date of the adoption of this
Ordinance in Section 34 of the City, which will connect directly
to, or to laterals that will connect directly to, either the
Merriman Road trunk sewer or the Farmington Road trunk sewer,
the sum of $100.00 shall be paid as a conre ction rate or charge,
it appearing that a large portion of the cost of said trunk sewers
has previously been paid by property owners in said Section, and
the City Council determines that it is reasonable that an ap—
L propriate credit should be given for the payments previously
made for such connection or connections shal 1 have the same
options relative to payment of said chat ge or rates as is set
forth in subsection 1 of this Section.
Page 1878
All connections to the Sewage Disposal System shall be
made by and at the expense of the property owner or user so
connecting subject to any rules or regulations therefor now
or hereafter established by the City, and subject to inspection
and approval prior to use. Permit for such connection shall be
obtained in advance from the City, and the property owner or
user making such connection shall pay all inspection charges
now or hereafter established by the City prior to the use thereof.
SEWER SERVICE RAT'S
All users now or hereafter connected to any of the sewers
of the Sewage Disposal System shall pay a sewer service rate on
a quarterly basis. The initial sewer service rate shall be as
follows:
(a) Residential Users. Said rates shall apply to all
houses or residential dwellings now or hereafter
connected to any of the sewers of the System, and
such rate shall be $1.50 per quarter.
(b) Commercial Users. Said rates shall apply to all
commercial buildings or business establishments
now or hereafter connected to any of the sewers
of the System, and such rate shall be $0.68 per
front foot per year, payable in quarterly install—
ments, for a period of fifteen (15) years.
(c) Industrial Users. Said rates shall apply to all
manufacturing plants or industrial establishments
now or hereafter connected to any of the sewers of
the System, and such rate shall be $70.00 per acre
per year, payable in quarterly installments, for
a period of ten (10) years.
Any residential users heretofore connected to any of the
sewers of the System who hav paid any debt service rate for
sewers, lawfully established by the City, in excess of $3.50
per quarter, shall receive credit for advance payment of debt
service charge established by the provisions of this Ordinance,
to the extent of such excess.
Any commercial or industrial users heretofore connected
to any of the sewers of the System shall receive credit for
any debt service rates heretofore paid against the total sewer
service rate due under the provisions of this Ordinance.
(d) There is hereby established a sewer service rate
applicable to the lands and premises owned or
operated by any public governmental unit in the
City of Livonia hereafter connecting and using
the Sewage Disposal System. The term "public
governmental unit" shall be construed to include
public school districts, the City or any of i t s
departments or agencies, and any other public
Page 1879
agency or instrumentality. The sewer service
rate for public governmental units for service
furnished by the Sewage Disposal System shall be
$50.00 per acre per year for properties or pre-
mises served, payable in equal quarterly install-
ments, for a period of ten (10) years. Such sums
shall be billed to the public governmental unit
owning the property or properties so serviced.
Where any public governmental unit has heretofore
made a direct contribution to the cost of a sewer,
pursuant to contract or agreement with the City,
the debt service rate herein specified for public
governmental units shall not apply to any connections
or use made by said public governmental unit of the
particular sewer to which such direct cost contri-
bution has been made.
SEWAGE DISPOSAL RATES
Such rates shall be levied on each lot or parcel of land, build-
ing or premises now or hereafter having any connection with the Sew-
age Disposal System,on the basis of the Quantity of water used there-
in or thereon, as the same is measured by the water meter installed
therein.
Such sewage disposal rate shall be as follows: to-wit:
From 0 to 10,000 cubic feet per month - $1.18 per 1,000 cubic feet.
10,000 to 100,000 cubic feet per month - $1.08 per 1,000 cubic feet
In excess of 1O0,0u0 cubic feet per month - 30.98 per 1,000 cubic feet
The minimum quarterly sewage disposal charge shall be $3.00
per quarter.
These rates will include the rates imposed by the County of
Wayne for the treatment and disposal of sewage through its sewage
treatment and disposal facilities.
SPECIAL RATES
Where sewage disposal service is furnished to users not
connected to the water system, or if connected to the water
system no meter is used to measure the quantity of water used,
or in cases where users make use of large quantities of water
which may be discharged into storm sewers, or for other mis-
cellaneous users of water for which special consideration should
be given, special sewage disposal rates may be fixed by the City
Council.
The City Council may establish special rates to meet special
circumstances where in its judgment the application of the rates
herein provided would be unequitable.
Page 1880
STORM SEHER CHARGES
Beneficiaries of the storm sewers, as those terms are
defined in Section 1 hereof, shall pay a debt service charge
based upon $5.00 per front foot of the properties or lots
fronting on the storm sewers. Such charge shall be billed
and paid in annual installments for a period of thirty (30)
years, or at the option of the beneficiary, may be paid in
full within one year after the date of the adoption of this
Ordinance, in which event a five (5%) per cent discount shall
be given.
BILLING
Bills for the connection rates (where payable in install-
ments), sewer service rates and sewage disposal rates, shall
be made as separate items on the water bills for those premises
served by the Sewage Disposal System who have connections to
the water system of the City of Livonia, and separate bills for
such rates and charges, or those applicable, shall be prepared
for premises having no connection to the water system. Said
bills shall be rendered quarterly during each operating or
fiscal year and shall represent charges for the quarterly (three-
month) period immediately preceding the date of rendering the
bill. Said bills shall become due and payable within ten (10)
days from the date thereof, and for all bills not paid when due,
a penalty of ten (10%) per cent of the amount of such bill shall
be added thereto.
Bills for the storm sewer charge to beneficiaries thereof
shall be billed annually on June 1st of each year, commencing
June 1, 1956. Said bills shall be due and payable within thirty
(30) days from the date thereof. For all such bills not paid
when due, a penalty of ten (10%) per cent of the amount of such
bill shall be added thereto.
ENFORCEMENT
The charges and rates herein specified shall constitute a
lien on the property served and benefited, and if not paid with-
in six (6) months after the same are due, the official or officials
in charge of the collection thereof shall, prior to March 1st of
each year, certify to the City Assessor the fact of such delin-
quency, whereupon such charge shall be entered upon the next tax
roll as a charge against such premises and shall be collected
and the lien thereof enforced in the same manner as general City
taxes against such premises are collected and the lien thereof
enforced: Provided, However, as provided in Section 21, Act 94,
Public Acts of Michigan, 1933, as amended, where notice is given
that a tenant is responsible for the payment of the consumption
rate, debt service charge (if any), and connection rates and
charges (if payable in installments) no further water or sewer
service shall be rendered to such premises until a cash deposit
of not less than 25.00 shall have been made as security for
payment of such charges and service.
Page 1881
In addition to other remedies provided, the City shall have
the right to shut off and discontinue the supply of water to any
premises for the non-payment of charges and rates herein specified
when due.
Section 6. No free service shall be furnished by the Sewage Disposal
System to any person, firm or corporation, public or private, or to any public
agency or instrumentality, but service so furnished by the System shall be paid
for in accordance with the foregoing schedule of rates, or any revision thereof,
in compliance with the provisions of this Ordinance. The City of Limpnia shall
pay from its general funds, or from the proceeds of taxes which it is authorized
to levy within constitutional limits, the sewage disposal rates herein set forth,
and sewer service rates established herein for public gov rnmental units, for
any connections serving said City or any of its departments or agencies.
Section 7. All rates and charges herein specified collected prior to
July 1, 1955, shall be allocated and deposited as follows:
(a) Such rates and charges collected from users of the
District No. I sewers, constructed under the provisions of
Ordinance No. 26 of the City, shall be deposited in the Receiving
Fund set up under the Tovisions of said Ordinance No. 26 and re-
main subject to the requirements of said Ordinance until July 1, 1955.
(b) Such rates and charges collected from users of the District
No. II sewers, constructed under the provisions of Ordinance No. 42
of the City, shall be deposited in the Receiving Fund set up under
the provisions of said Ordinance No. 42 and remain subject to the
requirements of said. Ordinance until said July 1, 1955.
(c) Such rates and charges collected from users of the other
sewers of the System shall be retained in a separate depositary
fund temporarily, and on July 1, 1955, such moneys, if any, shall
be transferred to the Receiving Fund hereinafter set up under the
provisions of this Ordinance.
Section B. The gross revenues of the Sewage Disposal System derived
from the collection of the rates and charges imposed by the provisions of
Section 5 of this Ordinance, from and after July 1, 1955, are hereby ordered
to be set aside as collected in NATIONAL BAilK CF DETROIT (Cranston Branch),
Detroit, Michigan, a bank duly qualified to do business in Michigan, in an
account to be designated Sewage Disposal System Receiving Fund (hereinafter
referred to as the "Receiving Fund"), and said revenues so deposited are
pledged for the purpose of the following funds and shall be transferred from
the Receiving Fund periodically in the manner and at the times hereinafter
specified.
(A) OPERATION AND MAINTENANCE FUND,
Out of the revenues in the Receiving Fund there shall first be
set aside during each quarterly period into a separate depositary account
designated OPERATION AND MAINTENANCE FUND, a sum sufficient to provide for
the payment of the next quarter's current expenses of administration and
operation of the Sewage Disposal System and such current expenses for the
maintenance thereof as may be necessary to preserve the same in good repair
Page 1882
and working order.
The City Council, prior to the commencement of each operating year,
shall adopt a budget covering the foregoing expenses for each year and such
total expenses shall not exceed the total amount specified in said budget, un-
less approved by a five-sevenths (5/7) vote of the members of the City Council.
(B) CONTRACT PAYMENT FUND.
There shall next be established and maintained a separate depositary
account designated CONTRACT PAYMINT FUND, the moneys from time to time on de-
posit therein to be used solely for the purpose of making the fixed debt retire-
ment payments required by the provisions of the contract.
All moneys remaining in the Receiving Fund after the foregoing pro-
visions have been made for the requirements of the Operation and Maintenance
Fund, shall semi-annually on December 1st and June 1st of each year be set
aside and transferred to the Contract Payment Fund, which said moneys shall
then be used as follows and in the following priority:
First: For the fixed debt retirement payments due on January 1st
and July 1st of each year, representing interest on the bonds
due on January 1st and principal and interest due on July 1st
of each year.
Second: To the establishment of a Contract Payment Reserve Fund which
shall be maintained as a separate account, until said fund shall
equal the maximum principal and interest becoming due on the
bonds in any future year. The moneys in said Contract Payment
Reserve Fund shall be used solely for the payment of the fixed
debt retirement payments to the extent of any deficiency in
current revenues available therefor. Any moneys so used shall
be replaced from the next revenues available therefor. Moneys
in the Contract Payment Reserve Fund may be invested in ob-
ligations of the United States of America, and any income
therefrom shall be credited to said fund.
Third: For advance payments or redemption of bonds prior to maturity
in accordance with the authorization contained in Section 9
of the County Ordinance and the provisions of the contract,
at the written option of the City, or, at the option of the
City Council for the construction of additional extensions
and improvements to the Sewage Disposal System, or the payment
of indebtedness incurred therefor.
Section 15. No connection shall be made or permitted to be made to
any of the sewers of the Sewage Disposal System without obtaining the permit
specified in Section 5 of this Ordinance, nor shall any connection be made or
permitted to be made to any of the sanitarys ewers of the Sewage Disposal
System which will in any way cause storm water or surface drainage to be
carried into said sanitary sewers. AnyExisting connections to the sanitary
sewers which cause storm water or surface drainage to be carried into said
sanitary sewers, shall be disconnected within six (6) months after the date
of adoption of this Ordinance. Any person, firm or corporation violating
Page 1883
the provisions of this Section by making or continuing such unauthorized con-
nections to the Sewage Disposal System, shall be guilty of a misdemeanor and
upon conviction thereof shall be fined in an amount not exceeding Twenty-five
($25.00) Dollars for each violation. Each day in which any such violation shall
continue shall be deemed a separate offense.
Section 2. This Ordinance shall be immediately recorded by the City Clerk
in "The Record of Ordinances" book as soon as it is adopted, which record shall be
authenticated by the signatures of the Mayor and City Clerk in accordance with the
requirements of the City Charter, and shall be published once in The Livonian, a
newspaper of general circulation in said City within ten (10) days after its passage.
Section 3. This Ordinance is hereby declared to be an emergency Ordinance
immediately necessary to provide for the financing of sewers necessary for the public
health of the citizens of the City, and shall become effective on May 17, 1955, be-
ing the date of the meeting of the City Council where it was introduced and adopted.
A roll call vote was conducted on the foregoing Ordinance with the following result :
AYES: Jones, Kleinert, Whitehead, Car2y„ Edgar and Daugherty.
NAYS: None.
The President declared the foregoing Ordinance was duly adopted and would
become effective immediately.
A recess was called at 10:55 P. M., after which the me ting resumed with
all members present who were named as present in the original roll call of this
meeting.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#257-55 RESOLVED, that the request of the Police Department dated
May 12, 1955, for additional funds, be tabled indefinitely.
The Deputy Clerk read a letter dated May 11, 1955 from Mrs. William J.
Carlson regarding traffic conditions on Cardwell Avenue.
By Councilman Kleinert, seconded by Councilman Whitehead and unanimously
adopted, it was
#258-55 RESOLVED, that the letter from Mrs. William J. Carlson, 9034
Cardwell, dated May 11, 1955, be referred to the Traffic Commission and
the Department of Public Works for investigation and action, with a
report to be submitted to the Council as soon as possible.
Page 1884
The Deputy Clerk read an Injunction which was served against the City
in connection with Circuit Court Case #531,484, Light Weight Aggregate Company
vs. City of Livonia, et al, which was received and placed on file.
By Councilman Kleine t, seconded by Councilman Carey and unanimously
adopted, it was
#259-55 RESOLVED that, pursuant to the report of Herald Hamill, dated
May 12, 1955, the Boom Company Water Contract #3, dated April 8, 1954,
be and hereby is increased in the amount of $1,120.27.
By Councilman Kleinert, seconded by Councilman Edgar and unanimously
adopted, it was
#260-55 RESOLVED that, pursuant to a report from Herald F. Hamill,
City Engineer, dated August 9, 1954. and amended April 12, 1955; and
resolution #253-55 adopted on May 12, 1955; W. R. McCary, City Engineer,
is hereby directed to prepare plans and specifications for the concrete
paving of Srandon Avenue in Crandon Woods Subdivision in compliance with
the report of Herald F. Hamill dated April 12, 1955, and that said City
Engineer file such plans and specifications in the office of the City
Clerkso that advertisement for sealed bids may be made; and that the
City Clerk is hereby authorized to set a date for the opening of such
bids, same to be at a regular meeting of the City Council.
By Councilman Kleinert, seconded by Councilman Whitehead, it was
RESOLVED that, to better serve the interests and welfare
of the citizens of the City of Livonia, the Council does hereby
notify all of the residents of Livonia and other interested parties,
that the Municipal offices in the City Hall will be closed on Satur-
days, effective June 1, 1955; and that on each and every Monday, legal
holidays excepted, the City Hall will be open for the purpose of trans-
acting business during the hours of 8:30 A. M. to 8:30 P. M. ; that the
City Clerk 4ve notice of such change to all newspapers circulated
within the City of Livonia, and to post such notice in the foyer of
the City Hall.
On motion of Councilman Carey, seconded by Councilman Edgar, the fore-
going resolution was amended to read
#261-55 RESOLVED that , to better serve the interests and welfare
of the citizens of the City of Livonia, the Council does hereby
notify all of the residents of Livonia and other interested parties,
that the Municipal offices in the City Hall will be closed on Satur-
days, effective June 1, 1955 to and including September 3, 1955; and
that on each and every Monday, legal holidays excepted, the City Hall
will be open for the purpose of transacting business during the hours
of 8:30 A. M. to 8:30 P. M. ; that the City Clerk give notice of such
change to all newspapers circulated within the City of Livonia, and
to post such notice in the foyer of the City Hall.
Page 1$$5
A roll call vote was taken on the foregoing r, solution with the following result:
AYES: Jones, Whitehead, Carey, Edgar and Daugherty.
NAYS: Kleinert.
The President declared the resolution, as amended, was adonted.
On motion of Councilman Kleinert, seconded by Councilman Jones and
unanimously adopted, this adjourned 142nd regu ar meeting of the City Council
was duly adjourned at 11:58 P. M., May 17, 1955.
Ma e .Clark, City Clerk
Attested:
john T. laugherty, President of thec11
A..1 _o".�
Rudolf Zir Kleinert, Vice President of the Council