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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-03-22 Page 1406 MINUTES OF THE ONE HUNDRED FIFTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 22, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8.31 P M , by the President of the Council, Harry S. Wolfe. Roll was called with the following result Present-- Harry S Wolfe, Wilson W Edgar, Raymond E Grimm, Harold Bower, John W. Whitehead, Nettie Carey and William J Taylor Absent-- none The minutes of the 114th regular meeting held on March 8, 1954, were read arra approved by the following roll call vote AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe NAYS• Bower Councilman Bower inquired as to who authorized the publication of Livonia U S A , and was informe d by other member s of t he Council that such action had been authorized by the Council He next inquired as to where the money would come from to pay for such publication and he was informed by other members of the Council that such money would be appropriated at this meeting On motion of Councilman Grimm, seconded by Councilman Bower and unanimously adopted, the Council resoved that the regular order of business be suspended in order that the Council might take up other matters on the agenda. Councilman Edgar, as chairman of the Insurance Committee, made an oral report on the insurance program The Department of Public Safety submitted its recommendation as to awarding the bid on a pickup truck for t he Bureau of Inspection. By Councilman Grimm, seconded by Councilman Edgar, it was #945 RESOLVED, that the recommendation of the Department of Public Safety be rejected and that the bid of Paul J Weideman, Inc., on one half ton Ford 8 cylinder pick up for the Bureau of Inspection, in the amount of itl,244 80, be accepted, and the issuance of a purchase order Page 1407 in conformance with such bid is hereby authorized A roll call vote was taken on the foregoing resolution with the following result: AYES Edgar, Grimm, Bower, Whitehead, Carey, Taylor and Wolfe NAYS- None By Councilman Edgar, seconded by Councilman Carey, it was #946 RESOLVED, that the recommendation of the Department of Parks and Recreation, as contained in its communication dated March 22, 1954, for purchase by the City of Livonia of a parcel of land in proposed Hearthstone Subdivision in Section 1, adjoining Botsford School and having an area of approximately 12 9 acres, at a price of $1,200.00 per acre, is hereby approved, and the purchase of said parcel of land from Thompson Brown Company, pursuant to its letter dated March 19, 1954, is hereby authorized; provided, however, that the description of such land shall be ascertained and approved by the City Engineer and the deed and title shall be subject to the approval of the CityAttorney A roll call vote was taken on the foregoing resolution with the following result AYES: Edgar, Grimm Bower, Whitehead, Carey, Taylor and Wolfe 110 NAYS None Mr Clarence Hoffman read a letter from Livonia Rotary Youth Foundation, Inc , dated March 22, 1954, concerning construction of a swimming pool. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted it was #947 RESOLVED, that the President appoint a committee to study and make a report on the possibility of constructing a swimming pool President Wolfe thereupon appointed to such Committee, Councilmen Edgar, Carey and Taylor By Councilman Grimm, seconded by Councilman Whitehead and unanimously adapted, it was #948 RESOLVED, that the Council return to the order of business and, the hour of 9 00 P M , having arrived that the Clerk open and read all sealed bids on nursery stock for the new City Hall, liquid Calcium Chloride for the Department of Public Works and a police car for the Ilm Police Department. Page 1408 The City Clerk thereupon opened and read the following bids: 1. Farmington Gardens Nursery (partial bids) 2 Pontiac Nursery (partial bid) 3 Monroe Nursery (complete bid) $ 4,938 63 4. Plymouth Nursery 2,549 41 5 Monroe Nursery (partial bid) 6 Harold Thomas (complete bid) 3,895 80 7. Michael Costello (complete bid) 3,493 50 By Councilman Whitehead, seconded by Councilman Taylor and unanimously adopted, it was #949 RESOLVED, that the foregoing bids be referred to the Department of Parks and Recreation for its report and recommendation. The City Clerk next opened and read the following bids on Calcium Chloride for the Department of Public Works Delivered Applied 1 Producers Transport, Inc $ 10.05 $ 25.43 2. Michigan Chemical Corporation 8 40 11.54 lio By Councilman Carey, seconded by Councilman Grimm and unanimously adopted, it was #950 RESOLVED, that the foregoing bids be referred to the Department of Public Works for its report and re co mmend atio n The City Clerk next opened and read the following bids on a Ford 8 cylinder Tudor for the Police Department: 1. Paul J Wiedman, Inc $ 1,025 00 2. Marr Taylor Ford Sales 1,410 00 3 Bill Brown 1,181.74 By Councilman Taylor, seconded by CouncilmanWhitehead and unanimously adopted, it was #951 RESOLVED, that the foregoing bids be referred to the Department of Public Safety for its report and recommendation By Councilman Carey, seconded by Councilman Taylor and unanimously adopted, it was #952 RESOLVED, that the communication from Harry M Sherhine of 29051 Bretton be placed on the table for further study. Page 1409 By Councilman Carey, seconded by Councilman Whitehead, it was #953 RESOLVED, that pursuant to the re=mend ati on of the Department of Public Safety, the bid of Paul J Weidman, Inc., on one 8 cylinder Ford Tudor for the Police Departnnnt in the antunt of $1,025 00 is hereby accepted and the issuance of a purchase order in conformance with such bid is hereby authorized A roll call vote was taken on the foregoing resolutio n with the following result: AYES• Edgar, Grimm, Bower, White head, Carey, Taylor art Wolfe NAYS: None. By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted, it was #954 RESOLVED, that the proposed plat of Country Homes Subdivision, part of the east half of Section 32 and part of the west half of Section 33, be referred back to the City Flaming Commission for further study and clarification as to the size of certain lots therein, it appearing to the Council that such lots do mt conform to the minimum lot sizes as set forth in the Zoning Ordinance By Councilman Whitehead, seconded by Councilman Grimm, it was #955 RESOLVED that, pursuant to the r econmendation of the Department of Public Works, the bid of Mich igan Chemical Corporation for calcium chloride at $8 40 per ton delivered or $11.54 per ton applied to the streets, is hereby accepted and the issuance of a purchase order in conformance with such bid is hereby approved A roll call 'vote was taken on the fore goi ng rem lutio n with the following result. AYES: Edgar, Grimm, Bower, Whit ehead, Carey, Taylor and Wolfe. NAYS. None The City Clerk read to the Council a proposed resolution as prepared by Miller, Canfield, Paddock and Stone, directing the City Clerk to make application to the Michi gan Muni cipal Finance Commission for autho rity to sell bonds to finance the extension to the Water Supply System Councilman Bower stated that he wanted the record to show that he had changed his mind as to his previous vote authorizing an extension to the Water Supply System Councilman Edgar made a motion that the following resolution be adopted: Page 1410 #956 WHEREAS, by Ordinance No 80 adopted on March 1, 1954, the City Council of the City of Livonia authorized the issuance and sale of One Million Five Hundred Thousand ($1,500,000 00) Dollars Water Supply System Revenue Bonds, Series B, to be dated April 1, 1954, for the purpose of acquiring and const ructing extensions, additio ns aryl improvements to the Water Supply System as provided in Ordinance No 43 as amended by Ordinance No 45 of the City of Livonia; THEREFORE, BE IT RESOLVE) THAT the City Clerk shall make application to the Municipal Finance Commission for an order granting the issuance and sale of said bonds and for approval of the form of notice of sale, RESOLVED FURTHER, that notic e of sale of said bonds shall be published in the Michigan Investor of Detroit, Michigan, at least fourteen (14) full days before the date of sale of said bonds, RESOLVED FURTHER, that the notic e of sale of said bonds shall be substantially the following form NOTICE OF SALE $1,500,000.00 CITY OF LIVONIA, COUNTY OF WAYNE, MICHIGAN WATER SUPPLY SYSTEM REVENUE BONDS, SERIES B Sealed Bids for the purchase of Water Supply System Revenue Bonds, Series B, of the par value of $1,500,000 00, to be issued by the City of Livonia, Wayne County, Michigan, will be received by the undersigned a t the Municipal Building, 33001 Five Mile Road, Livonia, Michigan, until 8.00 o'clock p m , Eastern Standard Time on Wednesday, the 7th day of April, 1954, at which tine and place said bids will be publicly opened and read Said bonds will be dated April 1, 1954, will be coupon bonds of the de- nomination of $1,000 00 each, will be numbered consecutively in the direct order of their maturities from 1 to 1500, inclusive, will be registerable as to principal only, and will bear interest from their date at a rate or rates not exceeding 4% per annum, expressed in multiples of 1/4 of 1%. Said interest will be payable September 1, 1954, and semi-annually thereafter on March 1st and September 1st of each year The interest rate for each coupon period on any one bond will be at one rate only Both principal and interest will be payable at Detroit gust Company, Detroit, Michi gan Accrued interest to the date of deli very must be paid by the purchaser at time of delivery. The bonds will mature serially as follows• $20,000 March 1st of each year from 1955 to 1957,inclusive; $25,000 March 1st of each year from 1958 to 1964,inclusive, $30,000 March 1st of each year from 1965 to 1968,inclusive; $35,000 March 1st of each year from 1969 to 1972,inclusive; $40,000 March 1st of each year from 1973 to 1976,inclusive, $45,000 March 1st of each year from 1977 to 1979,inclusive; $50,000 March 1st of each year from 1980 to 1982,inclusive; $55,000 March 1st of each year from 1983 to 1986,inclusive; $60,000 March 1, 1987; Page 1411 $65,000 March 1, 1988, $70,000 March 1st of each of the years 1989 and 1990, $75,000 March 1, 1991. Outstanding bonds of this issue may be called far redemption as a whole, for the purpose of refunding on any interest payment date on or after March 1, 1962 Unless called as a whole, in accordance with the above provisions, bonds numbered 1 to 655, inclusive, maturing in the years 1955 to 1976, inclusive, shall not be subject to redemption prior to maturity The right is reserved of redeeming bonds of this issue numbered 656 to 1500, inclusive, maturing in the years 1977 to 1991, inclusive, in inverse numerical order on any interest paynent date on or after March 1, 1963 Bonds called for redemption shall be redeemed at par and accrued interest plus a premium as follows. $45 00 on each bond called far redemption prior to March 1, 1964; $40 00 on each bond called for redemption on or after March 1, 1964, but prior to March 1, 1966, $35.00 on each bond called for redemption on or after March 1, 1966, but prior to March 1, 1968; $30 00 on each bond called for redemption on or after March 1, 1968, but prior to March 1, 1970, $25 00 on each bond called for redemption on or after March 1, 1970, but prior to March 1, 1972, $20.00 on each bond called for redemption on or after March 1, 1972, but prior to March 1, 1975; $15 00 on each bond called for redemption on or after March 1, 1975, but prior to March 1, 1978, $10 00 on each bond called for redemption on or after March 1, 1978, but prior to March 1, 1981, $ 5.00 on each bond called for redemption on or after March 1, 1981, but prior to March 1, 1984. No uranium shall be paid on bonds called for redemption on or after March 1, 1984. Thirty days ' notice of the call of any bonds for redemption shall be given by publication in a paper circulated in the State of Michigan which carried, as part of its regular service, notices of sale of municipal bonds, and in case of registered bonds, thirty days' notice shall be given by mail to the registered address Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the paying agent to redeem said bonds The bonds are to be issued under Act 94, Public Acts of Michigan, 1933, as amended, and Ordinance No. 43 as amended by Ordinance No 45 and Ordinance No 80 of the City of Livonia, for the purpose of paying the cost of the acquisition and construction of extensions, additions and improvements to the Water SupplySystem of the City. The bonds are not a general obligation of the City, but are payable solely from the revenues of the Water Supply System of the City To secure such payyment, a statutory first lien has been created on the whole of the net revenues of such System Additional bonds of equal standing with the bonds of this issue may be issued, but only for the purposes and on the terms and conditions expressed in the authorizing Ordinance Page 1412 For the purpose of awarding the bonds, the interest cost of each bid will be computed by determining, at the rate or rates specified therein, the total dollar value of all interewt on the bonds from May 1, 1954, to their maturity and deducting therefrom any premium The bonds will be awarded to the bidder whose bid on the above computation produces the lowest int ere st cost to the City Said bonds sre to be of equal standing and shall have equal security with $1,660,000 00 Water Supply System Revenue Bonds of the City of Livonia dated February 1, 1952, authorized by Ordinance No 43 adopted on January 21, 1952, as amended by Ordinance No 45 adopted on January 28, 1952, of which said issue of bonds $1,640,000 00 are outstanding A certified or cashier's check in the amount of $30,000 00 drawn upon an incorporated bank or trust company, payable to the order of the Treasurer of the City must accompany each bid as a guaranty of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds No interest will be allowed on the good faith checks, and checks of the unsuccessful bidders will be promptly returned to each bidder's re- present ative or by registered mail Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the bonds. The cost of such opinion and tie cost of printing the bonds will be paid by the City Executed bonds will be delivered at Detroit, Michigan, or such other place as may be designated by the purchaser of the bonds The right is reserved to reject any or all bids Envelopes containing thebids should be plainly narked "Proposal for Bonds " City Clerk The foregoing motion was seconded by Councilman Carey and a roll call vote was taken thereon with the following result. AYES• Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe NAYS. Bower President Wolfe declared that the foregoing resolution was duly adopted By Councilman Carey, seconded by Councilman Grimm and unanimously adopted, it was #957 RESOLVED, that the letter from Howard L Richards dated March 20, 1954, pertaining to Arthur Collins, proprietor of Twin Gables Tavern be placed on the table for further study Page 1413 By Councilman Grimm, seconded by Councilman Taylor, it was thi #958 RESOLVED that, pursuant to the recommendation of the Department of Public Works dated March 8, 1954, the performance of Chris Nelsen and Son, Inc., of its contract with the City of Livonia dated October 23, 1953 far construction of storm sewer on Amrhein Road, is hereby accepted, and payment of the balance due to said oo ntractor in the amount of $2,810 00 as stated in the final estimate of the City Engineer's report dated March 8, 1954 is hereby authorized A roll call vote was taken on the foregoing resolution with the following result. AYES: Edgar, Grimm, Bower, Whitehead, Carey, Taylor and Wolfe NAYS. None By CouncilmanEdgar, seconded by Councilman Grimm and unanimously adopted it was #959 RESOLVED, that the letter from Herald Hamill, City Engineer, addressed to the Director of Public Works under date of March 22, 1954, pertaining to final acceptance by the City of Livonia of the paving of certain streets in Belaire Gardens Subdivision, was placed on the table until such time as the work is completed and all other action taken as recommended in Mr Hamill's letter By Councilman Taylor, seconded by Councilman Grimm, it was #960 RESOLVED, that the sum of $14,025 63 be appropriated from the Unallocated Fund for payment of balance due Wayne County Treasurer on Middle Rouge Drain tax A roll call vote was taken on the foregoing resolution with the following result- AYES: Edgar, Grimm, Bower, Whitehead, Carey, Taylor and Wolfe. NAYS. None By Councilman Carey, seconded by Councilman Grimm, it was #961 RESOLVED, that the sum of $7,000 00 be appropriated from the Unallocated Fund to Punli c Inform3ti on Account to pay the cost of printing the report entitled Livonia U S A A roll call vote was taken on the foregoing resolution with the following result AYES: Edgar, Grimm, White head, Carey, Taylor and Wolfe NAYS Bower By Councilman Carey, seconded by Councilman Taylor, it was #962 RESOLVED, thatone copy of the report Livonia U S A be delivered to each resident of the City of Livonia. that 2,000 copies be reserved for future residents and that the balance of such copies Page 1414 be distributed at a price of 55 cents per copy A roll call vote was taken on the foregoing resolution with the following result. AYES: Edgar, Grimm, Sower, Whitehead, Carey, Taylor a•-d Wolfe NAYS. None By Councilman Bower, seconded by Councilman Grimm and unanimously adopted, it was #963 RESOLVED, that the Michigan Liquor Control Commission having sent a communication to the Council received March 10, 1954, wherein it appears that the Commission desired to inquire whether or not the Council has any objections to theissuance of a new S D D license to Everett Mason, 19262 Farmington Road, Livonia, Michigan and whe rein it is stated that if no such objection is received within a period of twenty (20) days, "it will be assumed by the Commission that the legislative body does not object to the granting of a license to this applicant", the Council does hereby approve the granting of such license The City Clerk read a communication from the Mayor stating that he has appointed Elmore McNiece as a member of the Civil Service Commission to serve the unexpired term of Harry Burton, which letter was received and placed on file. At 10 12 P M , President Wolfe asked Vice-President Edgar to take over the Chair and thereupon Mr. Edgar accepted and presided over the meeting Councilman Wolfe introduced the following Ordinance NO AN ORDINANCE EMENDING ORDINANCE NO 51 OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "BUILDING CODE OF THE CITY OF LIVONIA", BY ADDING THERETO SECTIDNS 5 13 and 5 14 THE CITY OF LIVONIA ORDAINS. Section 1. Ordinance No. 51 of the City of Livonia, known and cited as the "Building Code of the City of Livonia", is hereby amended by adding thereto the following sections. Section 5.13. Affidavit as to debt service charges No permit issued under the provisions of this ordinance until the applicant shall have made and filed with the Register of Deeds forthe County of Wayne an affidavit as herein provided or, in lieu thereof, shall have filed with the Bureau of Inspection a certificate as hereinafter defined Such affidavit shall contain a legal description of the land involved and shall state whether or not such land is situated in an area or district Page 1415 in which sewage disposal, sewer or water services and facilities have been or are being financed by the sale of bonds under the Revenut Bond Act of 1933 and, if such financing has or is taking place, the amount of debt service or other charges which have been or will be made under the provisions of any ordinance adopted by theCity of Livonia pursuant to such Revenue Bond Ac4 for the use of such services and facilities by any resident or occupant of the building or buildings to be erected on such land under the permit for which application has been made Said affidavit shall also show the zoning classification of such land under Ordinance No 60, known as the "coning Ordinance of the City of Livonia." In lieu of such affidavit, applicant may obtain from the Department of Public Works or Water Supply System, a certificate showing that there are no debt services or other charges as above defined The Department of Public Works or Water Supply System shall promptly issue such a certificate on request of any applicant Prior to the issuance of a permit, the applicant shall either produce satisfactory evidence to the Bureau of Inspection that an affidavit has been recorded as above provided and shall file with the Bureau a true copy of such affidavit, or he shall file with the Bureau the above authorized certificate Section 5 14 Notice to purchaser. No permit shall be issued under the provisions of this Ordinande unless the applicant shall agree that, in the event the land involved is situated in an area or district in which sewage disposal, sewer or water services and facilities have been or are being financed by the sale of bonds under the Revenue Bond Act of 1933, prior to the sale of such land and the building or buildings erected thereon 110 under the requested permit, notify in writing the purchaser of the existence and amount of any debt services or other ch arges established or in the process of being established by the ordinance of the City of Livonia adopted pursuant to such Revenue Bond Act Failure to comply with such agreement shall constitute a violation of this ordinance, punishable as provided in Section 6 08 hereof Section 2 All ordinances or tarts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3 In the event any portion of this ordinance is held invalid for any reason, then such holding shall not affect the remaining portion of this ordinance Section 4. After careful investigation, the City Council has found that numerous sales of land and buildings thereon have been made without adequate notice to the purchasers thereof that they will become obligated for the payment of debt services and other charges under a city ordinance adopted pursuant to the Revenue Bond Act of 1933, which debt services and other charges do not ordinarily appear in the records of the Wayne County Register of Deeds or in any abstract or title in- surance prepared from such records The Council further finds that the above situation has created undue hardship and an injustice This present ordinance is deemed necessary for the protection of public welfare and safety, and shall be construed with that purpose in mind Section 5. This ordinance is hereby declared to be immediately necessary for the preservation of public safety and welfare, and shall become effective im- mediately upon publication Page 1416 A roll call vote was taken on the foregoing Ordinance with the following result AYES- Edgar, Grimm, Bower, Whitehead, Carey, Taylor and Wolfe NAYS- None. Vice-President Edgar stated that the foregoing Ordinance had been adopted and will take effect on the date of publication which will be April 15, 1954 At 10:20 P. M., Vice-President Edgar turned the Chair back to President Wolfe who thereafter presided over the meeting By Councilman Grimm, seconded by Councilman Carey, it was #964 RESOLVED, that the report of the Finance Committee for the month of February, 1954, is hereby approved in all respects and a summary of such report is hereby spread upon the minutes of this meeting as follows SUMMARY OF VOUCHERS General, Administrative and Legislative. Executive 43.95 Legislative 753 36 16 City Treasurer 657 82 City Clerk 293.42 Department of Law 219 98 Justice Court 62 39 Election Commission 352 25 Civil Service Commission 253 21 Travel & Education 1,301 00 Civil Defense 76.27 City Hall 938 87 Court House 160 93 City Planning Commission 313 18 Board of Review 23 10 $ 5,449 73 Department of Public Safety: Police Department 3,189 92 Fire Departrsnt 2,048 08 Inspection Department 550.22 5,788 22 Department of Public Works 14,348 13 14,348.13 Department of Parks and Recreation 645 45 645 45 General Ledger Accounts: Advances 52,786.92 Insurance 1,555.23 Contracts Payable 7,508 66 lis Inventory Accounts 1,774.80 Retirement Program 24,118.30 Reserve for Encumbrances 135 69 Refund on Building Permit Fee 3 50 87,883.10 TOTAL: $ 114,114 63 Page 1417 A roll call vote was taken on the foregoing resolutioh with the following result. AYES. Edgar, Grimm, Bower, Whit ehead, Carey, Taylor and Wolfe lir NAYS. None On motion of Councilman Grimm, seconded by Councilman Carey and unanimously adopted, this 115th regular meeting of the Council of the City of Livonia was adjourned to Tuesday, April 6, 1954 at 8:30 P M , the tine of this adjournment being 10.22 P M ,)147 W Clark, City Clerk Attested- Ar H=rry S. •lfe, President of the ouncil