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Home My WebLink AboutCOUNCIL MINUTES 1953-05-04 ADJOURNED Page 1073 MINUTES OF THE ADJOURNED NINETY—THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA III On May 4, 1953, above meeting was held at 33211 W Seven Mile Road, Livonia, Michigan, and was called to order at approximately 7 48 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, John Whitehead, Nettie Carey, and William Taylor Absent-- Raymond E Grimm and Harold Bower The following members of Coventry Gardens Improvement Association, Robert E Seelye, Arthur Anderson, Robert Veraar and Donald Winner, appeared before the Council and discussed the installation of sewer pipes to alleviate drainage problems The Department of Public Works submitted plans and estimate of cost of construction The Coventry Gardens Improvement Association Committee was requested to present petitions III asking for the improvement Johr H Nunneley of Miller, Canfield, Paddock and Stone, by communication dated May 4, 1953, preserted a proposed ordinance amending Section 16 of Ordinance No 31, in order to make preparations for the sale of bonds to finance Sewage Disposal System No. 3. The form of amendment proposed by Mr Nunneley was changed to include an amendment to Section 27 of Ordinance No 31 Councilman Edgar introduced the following ordinance: NO 65 AN ORDINANCE AMENDING SECTIONS 16 AND 27 of ORDINANCE NO 31, AS AMENDED, ENTITLED. "AN ORDINANCE TO PROVIDE FOR THE MAKING OF PUBLIC IMPROVEMENTS, DEFRAYING THE EXPENSE THEREOF BY SPECIAL ASSESSMENT AND A SPECIAL ASSESSMENT PROCEDURE"; TOGETHER WITH ALL SPECIAL ASSESSMENT DISTRICTS CREATED OR BEING CREATED PURSUANT TO THE PROVISIONS OF SAID ORDINANCE NO 31, AS AMENDED, INCLUDING ALL PROCEEDINGS PERTAINING TO SUCH DISTRICTS 111 THE CITY OF LIVONIA ORDAINS. Page 1074 Section 1 Section 16 of Ordinance No. 31 of the City of Livonia is hereby amended to read as follows: Section I6 All special assessments contained in any special assessment roll, including any part thereof deferred as to payment, shall, from the date of confirmation of such roll, constitute a lien upon the respective lots or parcels of land assessed and until paid shall be a charge against the respective parcels of land assessed and until paid shall be a charge against the respective owners of the several lots and parcels of land and a deb+ to the City from the persons to whom they are assessed Such lien shall be of the same character and effect as the lien created by the City charter for City taxes and shall include accrued interest and penalties. No judgment or decree, nor any act of the Council vacating a special assessment, shall destroy or impair the lien of the City upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by a regular mode of proceeding might be lawfully assessed thereon All special assessments shall become due upon confirmation of the special assessment roll or in annual installments not to exceed twenty (20) in number as the Council may determine at the time of confirmation and if in annual installments the Council shall determine the first installment to be due upon confirmation or on the following December 1st and subsequent installments on December 1st of succeeding years Section 2. Section 27 of Ordinance No 31 of the City of Livonia, as amended by Ordinance No 46, is hereby amended to read as follows: Section 27 No special assessment district shall be created by the Council for any one public improvement which includes property having an area in excess of twenty—five percent (25%) of the total area of the City. No public improvement project shall be divided geographically for the purpose of circumventing this provision Section 3 All special assessment districts created or in the process of being created, pursuant to the provisions of Ordinance No 31, as amended, as of the effective date of this Ordinance, are hereby amended to conform to the provisions of this Ordinance Section 4 All ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 5. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portion of this ordinance Section 6 This ordinance is hereby declared to be an emergency ordinance necessary to the public health and welfare and shall be given effect immediately on publication 111 A roll call vote was taken on the foregoing ordinance with the following result. AYES• Edgar, Carey, Whitehead, Taylor and Wolfe. NAYS None Page 1075 President Wolfe declared the foregoing ordinance duly adopted and effective IIIas an emergency measure on the date of publication, which will be May 15, 1953 City Attorney, William Brashear, made a report to the Council on the bond of Buckland Development Company and the breach thereof as stated in communication from the City Engineer to the Director of Public Works dated April 27, 1953 By Councilman Taylor, seconded by Councilman Whitehead and unanimously adopted as follows, it was #470 RESOLVED that, a breach having occurred in a certain bond agreement between the City of Livonia and Buckland Development Company dated July 16, 1951, the said bond is hereby declared forfeited and the remaining cash balance or deposit with the City of Livonia of montes originally deposited in accordance with the provisions of said bond, are ordered to be used in the completion of all improvements required by such agreement and in the payment of all damages suffered by the City of Livonia by reason of such breach• and the City Attorney is directed to take such action in connection with this matter as may be necessary to fully protect the City's rights and interests. IIIThe City Attorney next presented to the Council his communication dated April 21, 1953, addressed to Wilkerson cc French, attorneys for Coulter Bros , Inc and Standard Accident Insurance Company, and pertaining to a settlement of the claims of Joseph Sergi, Castle Gardens and Towers Feed Store for damages caused in the construction of Section #4 of Sewage Disposal System No 1 By Councilman Carey, seconded by Councilman Whitehead and adopted as follows, it was #471 RESOLVED that, pursuant to the provisions of a letter from the City Attorney to Wilkerson & French, attorneys for Coulter Bros , Inc and Standard Accident Insurance Company which letter is dated April 21, 1953, and the original of which has been filed in the office of the City Clerk, the settlement of the claims of Joseph Sergi, Castle Gardens and Towers Feed Store, as set forth in said letter, is hereby approved, and the City Treasurer is hereby authorized to pay to Joseph Sergi the sum of $233.16 and to Towers Feed Store the sum of 554 00, in full and complete settlement of the above stated claims A roll call vote was taken on the foregoing resolution with the following result• IIIAYES• Edgar, Carey, Whitehead, Taylor and Wolfe NAYS. None I 1 Page 1076 On motion of Councilman Carey, seconded by Councilman Taylor and unanimously passed, the meeting was adjourned at 9:07 P M , May 4, 1953. ,..-2-27 -- 2tA4, ,__.,;51 ...g .7.2:a----/- /liar'e y Clark, City Clerk Attested i , ` i , H- ry S. W. f e, President