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HomeMy WebLinkAboutCOUNCIL MINUTES 1953-10-05 ADJOURNED Page 1192 MINUTES OF THE ADJOURNED ONE I-UNDRED THIRD REGULAR IIINT:ETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 5, 1953, above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 5:04 P M , by the President of the Council, Harry S Wolfe Roll was called with the following result: Present-- Harry S Wolfe, Raymond E Grimm, Wilson W. Edgar, Harold Bower, John W Whitehead, Nettie Carey and dilliam Taylor Absent-- None By Councilman Edgar, seconded by Councilman Whitehead and adopted as follows, it was: # 697 RESOLVED, that the City Council of the City of Livonia, by a three-fifth (3/5) vote of the members elect and pursuant to the pro- visions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, and Section 4, Chapter III of the Charter of the City of Livonia, does hereby propose that there be submitted to the electors of such City at the next special election the following amendment to said 111 Charter. PROPOSED CHARTER AMENDMENT NO. 1 Section 2 of Chapter V of the Charter of the City of Livonia is hereby amended by changing the foglowing portion of said section "The :'payor, City Treasurer and two (2) Constables shall be selected by election from the City at large " to read as follows "The Mayor, Cit;; Treasurer, City Clerk and two (2) Constables shall be selected by election from the City at large", and by changing the following portion of said section "The City Clerk shall be appointed by the Council; and all other appointive officers and members of boards and commissions, unless otherwise provided in this Charter, shall be appointed by the Mayor." to read as follows: "All other appointive officers and members of boards and commissions, unless otherwise provided in this Charter, shall be appointed by the Mayor " If the above amendment is adopted, then said Section 2, as thus amended, will read as follows. Section 2 Election; Appointment; Terms The Mayor, Cit;, Treasurer, City Clerk and two (2) Constables shall be selected by election from the City at large Said elective officers shall be elected at each regular 111 City election. The term of office of all of the elective administrative officers shall be for two (2) years commencing on the first Monday following the City election Page 1193 at which they are elected and ending when their respective successors have been duly elected and qualified, except that the first officers elected under this Charter shall hold their offices for a term commencing on the first Monday following the election to adopt or reject this Charter and ending when their respective successors have been duly elected and qualified at the regular City election held in 1952 All other appointive officers and members of boards and commissions, unless otherwise pro- vided in this Charter, shall be appointed by the Mayor. The Council may by ordinance provide for the appointment of not more than two (2) additional Constables Each appointive officer or member of any board or commission, unless otherwise provided in this Charter, shall hold office at the pleasure o' the official or body appointing him that the existing charter provisions which would be altered or abrogated by the foregoing proposed amendment is Section 2 of Chapter V; that Monday, December 14, 1953, is hereby designated as the date for holding a special election on said proposed amendment and question; that a certified copy of said proposed amendment and this resolution be forthwith transmitted by the City Clerk to the Governor of Michigan for his approval, that the City Clerk shall promptly and fully comply with all of the provisions of Section 21 of said Act 279, as amended, and shall do and perform all acts required by 111 State law and the Charter of the Cit;; of Livonia relative to the calling and holding of such election, the giving of notice thereof, the registration of electors and preparation of ballots therefor, and the making of all necessary arrangements for such election, that blank paper ballots for the use of electors at said election be printed in substantiall,, the following form: BALLOT Instructions: A cross (X) in the square Q before the word "YES" is in favor of the proposed amendment to the City Charter, and a cross (X) in the square C1 before the word "NO" is against the proposed amendment Before leaving the booth, fold the ballot so that the initials of tie instector may be seen on the outside AMENDMEV T NO 1 An Amendment To Provide For The Election of the City Clerk The purpose o' this Amendment is to discontinue the present method of selecting the City Clerk by appointment of the Council and to provide for the election of the City Clerk in the same manner as is now provided in the Charter for the election of the Mayor and City Treasurer Page 1194 Shall Section 2 of Chapter V of the Charter of the City of Livonia be amended to provide for the election of the City Clerk? tZJ YES 11 NO that said proposed Charter amendment shall be published in full with existing Charter provisions which would be altered or abrogated thereby, that said proposed amendment in full shall be posted in a conspicuous place in each polling place, and that the canvass and determination of the votes on said proposed amendment shall be made in accordance with the laws of the State of Michigan A roll call vote was conducted on the foregoing resolution with the following result. AYES: Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe NAYS None B5 Councilman Taylor, seconded by Councilman Grimm and adopted as follows, it was: # 698 RESOLVED, that the Cii.y Council of the City of Livonia, by a three- fifth (3/5) vote of the members elect and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, and Section 4, Chapter III of the Charter of the City of Livonia, does hereby propose that there be submitted to the electors of such City at the next special election the following amendment to said Charter: PROPOSED CHARTER AMENDMENT NO 2 Section 2 of Chapter 6 of the Charter of the City of Livonia is hereby amended by changing the following portion of said section "The term of office of all of the elective administrative officers shall be two (2) years commencing on the first Monday following the City election at which they are elected and ending when their respective successors have been duly elected and qualified, except that the first officers elected under this Charter shall hold their offices for a term commencing on the first Monday following the election to adopt or reject this Charter and ending when their respective successors have been duly elected and qualified at the regular City election held in 1952 " to read as follows "The term of office of all of the elective administrative officers shall be for 'our (4) years commencing on the first Monday following the City election at which they are elected and ending when their respective successors have been duly elected and qualified." Page 1195 If the above Amendment No 2 alone is adopted, then said 111 Section 2, as thus amended, will read as follows: Section 2. Election, Appointment, Terms. The Mayor, City Treasurer and two (2) Constables shall be selected by election from the City at large. Said elective officers shall be elected at each regular City election The term of office of all of the elective administrative officers shall be for four (4) years commencing on the first Monday following the City election at which they are elected and ending when their respective successors have been duly elected and qualified The City Clerk shall be appointed by the Council; and all other appointive officers and members of boards and commissions, unless otherwise provided in this Charter, shall be appointed b« the Mayor The Council may by ordinance provide for the appointment of not more than two (2) additional Constables Each appointive officer or member of any board or commission, unless otherwise provided in this Charter, shall hold office at the pleasure of the official or body appointing him but if both said Amendment No 2 and Proposed Charter Amendment No 1 are adopted, then said Section 2, as thus amended, will read as follows: Section 2. Election, Appointment, Terms. The Mayor, City Treasurer, City Clerk and two (2) Constables shall be selected by election from the City at large Said elective officers shall be elected at each regular City election The term of office of all of the elective administrative officers shall be for four (4) years commencing on the first Monday following the City election at whir'h they are elected and ending when their respective successors have been duly elected and qualified All other appointive officers and members of boards and commissions, unless otherwise provided in this Charter, shall be appointed by the Mayor The Council may by ordinance provide for the appointment of not more than two (2) additional Constables Each appointive officer or member of any board or commission, unless otherwise Provided in this Charter, shall hold office at the pleasure of the official or body appointing him that the existing Charter provisions which would be altered or abrogated by the foregoing proposed amendment is Section 2 of Chapter V, that Monday, December 14, 1953, is hereby designated as the date for holding a special election of said proposed amendment and question, that a certified copy of said proposed amendment and this resolution be forthwith transmitted by the City Clerk to the Governor of Aichigan for his approval, that the City Clerk shall promptly and fully comply with all of the provisions of Section 21 of said Act 279, as amended, and shall do and perform all acts required by State law and the Charter of the Cita of Livonia relative to the calling and holding Page 1196 of such election, the giving of notice thereof, the registration of elect- ors and preparation of ballots therefor, and the making of all necessary arrangements for such election; that blank paper ballots for the use of electors at said election be printed in subs+antially the following form• BALLOT Instructions: A cross (X) in the square Q before the word "YES" is in favor of the proposed amendment to the City Charter, and a cross (X) in the square Q before the word "NO" is against the proposed amendment Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside AMENDMENT NO. 2 An Amendment To Provide For A Term Of Office Of Four Years For All Elective Administrative Officers The purpose of this Amendment is to increase the term of office of all elective administrative officers from two (2) years, as now provided in the Charter, to four (4) years Shall Section 2 of Chapter V of the Charter of the City of Livonia be amended to provide for a term of office of four (4) years for all elective administrative officers? 0 YES U NO that said proposed Charter amendment shall be published in full with exist- ing Charter provisions which would be altered or abrogated thereby, that said proposed amendment in full shall be posted in a conspicuous place in each polling place; and that the canvass and determination of the votes on said proposed amendment shall be made in accordance with the laws of the State of Michigan A roll call vote was conducted on the foregoing resolution with the following result• AYES Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe. NAYS: None By Councilman Whitehead seconded by Councilman Edgar and adopted as follows, it was: # 699 RESOLVED, that the City Council of the City of Livonia, by a three- fifth (3/5) vote of the members elect and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, and Page 1197 Section 4, Chapter III of the Charter o' the City of Livonia, does hereby propose that there be submitted to the electors of such City at the next _! special election the following amendment to said Charter: PROPOSED C TARTER AMENDMENT NO 3 Section 5 of Chapter IV, and Section 4 of Chapter V of the Charter of the City of Livonia are hereby completely abrogated and annulled, and Section 30 of said Chapter IV is hereby amended to read as {'ollows• Section 30 Power of Council Over Salaries and Compensation. Except as otherwise Provided by law or this Charter, the salar3, and compensation of every officer of the City, elective, appointive, administrative, legislative and judicial, Including members of the City Council, shall be fixed and determined by ordinance, and may be reduced or increased by ordinance at any time, except that no salary or emoluments of an public official shall be changed after his election or appointment or during his term of office. Such salary shall be payable monthly, and, except as other- wise provided in this Charter, shall constitute the only salar, or remuneration which mai be paid for services. All Charter provisions, acts or parts of acts in conflict herewith are hereby repealed that the existing charter provisions which would be altered or abrogated by the foregoing proposed amendmert are Sections 5 and 30 of Chapter IV and Section 4 of Chapter V, that 2..onda3:, December 14, 1953, is hereby designated as the date or holding a special election on said proposed amendment and question; that a certified copy o° said proposed amendment and this resolu- tion be forthwith transmitted by L,he CiL,y Clerk to the Governor of Michigan for his approval, that the Citi CJ_erk shall promptly and full comply with all of the provisions of Section 21 of said Act 2'?9, as amended, and shall do and perform all acts required b; State law and +he Charter of the City of Livonia relative to the calling and holding of such election, the giving of notice thereof, the registration o' electors and preparation of ballots therefor, and the is:ainb of all necessary .rrangere +c f'o- such election, tha.. blank paper ballo..s ''o ' he us c' elec+ors at said electron be printed in substantial�d the following form. i A L L O T Irstruc+moons. A cross (X) in the square Ca before the word 11YES'' is in 'avor of uhe Proposed amenclrcent. to the City Charter, ane a crows (X) in the sot..e.re E:] before the word „NOP s against the proposed -endrr_ent Page 1].AS Before leaving the booth, fold the ballot so that the 111 initials of the inspector mai be seen or the outside AMENDMENT NO 3 An Amen,'Tent To Provide For Determination Of Compensation Of Elective, Appointive, Administrative, Legislative and Judicial Officers By Ordinance The purpose of his Amendment is to provide that the compensation of every elective, appointive, administrative, legislative and judicial officer, including members of the City Council, shall be determined by ordinance, except that no salary of a public o`'ficial shall be changed after his election or appoinom_ent or during his term of office, and to abrogate all Charter provisions in conflict with such amendment Shall Section 30 of Chapter IV of the Charter of the CitL of Livonia be amended to nrovide for determination of compensation of elective, appointive, administrative, legislative and judicial officers b3 ordinance? 1:3 YES L7 NO that said proposed Charter amendment shall be published in full with exist- ing Charter provisions which would be altered or abrogated thereby; that said proposed amendment in full shall be posted in a conspicuous place in each polling place, and that the canvass and determination of the votes on said proposed amendment shall be made in accordance with the laws of the State of Michigan A roll call vote was conducted on the foregoing resolution with the following result. AYES• Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe NAYS. hone 7y Councilman Care , seconded b:), Councilman Bower and adopted as follows, it was. # 700 RESOLVED, that tLe City Council of the City of Livonia, by a three- fifth (3/5) vote of the members elect and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, and Section 4., Chapter III of the Charter of the City of Livonia, does hereby propose that there be submitted to the electors of such City at the next special election the following amendment to said Charter. Page 1199 PROPOSED CHARTER AMENDMENT NO 4 Section 15 of Chapter V of the Charter of the City of Livonia is herebyamended to read as follows: Section 15 Department of Parks and Recreation The Department of Parks and Recreation shall be managed and con- trolled by a Coirma ssion to be known as the Parks and Recrea- tion Commission and consisting of five (5) members, who shall be chosen from the qualified electors of the City to hold office for a term of "ive (5) years each; provided, however, that the members first appointed under this section shall hold their offices for the following respective terms one member shall be appointed for five (5) years, one member shall be appointed for four (4) years, one member shall be appointed for three (3) years, one member shall be appointed for two (2) years and one member shall be appointed for one (1) year The Parks and Recreation Commission shall administer and operate all City parks, playgrounds, athletic fields, and recreational facilities and equipment. All Charter provisions, acts or parts of acts in conflict herewith are hereby repealed that the existing Charter provisions which would be altered or abrogated by the foregoing proposed amendment is Section 15 of Chapter V; that Monday, December 14, 1953, is hereby designated as the date for holding a special election on said proposed amendment and question; that a certified copy of said proposed amendment and this resolution be forthwith transmitted by the City Clerk to the Governor of Michigan for his approval; that the City Clerk shall prompt1; and fully comply with all of the provisions of Section 21 of said Act 279, as amended, and shall do and perform all acts required by State law and the Charter of the Cit; of Livonia relative to the calling and holding of such election, the giving of notice thereof, the registration of electors and preparation of ballots therefor, and the making of all necessary arrangements for such election, that blank paper ballots for the use of electors at said ejection be printed in substantially the following form. BALLOT Instructions A cross (X) in the square t: before the word /YES" is in favor of the proposed amendment to the City Charter, and a cross (X) in the square Q before the word "NO" is against the proposed amendment Before leaving the booth, fold the ballot so that the initials of the inspector maj be seen on the outside AMENDMENT NO. 4 An Amendment To Provide Terms of Five Years For Members Of The Parks and Recreation Commission Page 1200 The purpose of this Amendment is to change the terms of office of the members of the Parks and Recreation Commission from terms now continuing at the pleasure of the Mayor to terms of five years, staggered so that one member shall be appointed each year Shall Section 15 of Chapter V of the Charter of the City of Livonia be amended to provide terms of five years for members of the Parks and Recreation Commission? [� YES D NO that said proposed Charter amendment shall be published in full with exist- ing Charter provisions which would be altered or abrogated thereby; that said proposed amendment in full shall be posted in a conspicuous place in each polling place, and that the canvass and determination of the votes on said proposed amendment shall be made in accordance with the laws of the State of Michigan A roll call vote was conducted on the foregoing resolution with the following result AYES Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe NAYS. None Councilman Grimm made a motion that a resolution be adopted abolishing the Justice Court and creating a Municipal Court pursuant to the provisions of Section 21 of Act 279, Public Acts of Michigan, 1909, as amended, which amendment is on file in the office of the City Clerk and is identified by her signature and the date is September 28, 1953 The foregoing motion was supported by Councilman Edgar and a roll call vote was conducted thereon with the following result AYES- Grimm, Edgar, Carey and Wolfe NAYS: Bower, Whitehead and Taylor President Wolfe declared that the motion had failed to carry inasmuch as Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, requires the affirmative vote of at least five (5) members of the Council Page 1201 Councilman Taylor introduced the following ordinance: 111 NO 71 AN ORDINANCE AMENDING SECTIONS 5 1 AND 5 20 OF THE TRAFFIC ORDINANCE, ORDINANCE NO. 21 OF THE CITY OF LIVONIA. TLE CITY OF LIVONIA ORDAINS Section 1. Sections 5 1 and 5 20 of the Traffic Ordinance, Ordinance No 21 of the City of Livonia, adopted December 11, 1950, is hereby amended to read as follows Section 5 1 Speed Regulations (a) Each person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater nor less than is reasonable and proper, having due regard to the tra;'fic, surface, and width of the highway and any other conditions then existing and no person shall drive any vehicle on any highway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead (b) Subject to the provisions of subdivision (a) of this section, and excepting in those issuances where a lower speed is specified in this ordinance, it shall be prima facie lawful for a driver to drive at a speed not exceeding the following, but it any case when such speed would be unsafe it shall not be lawful: Twenty-five (25) males per hour on all streets in a business district as defined herein, Twenty-five (25) miles per hour in a residence district as defined herein and in public parks, unless such parks are posted for a lower speed by order of the traffic commission with the approval of the council. (c) It is hereby determined apon the basis of an engineering and traffic investigation that the speed permitted by State law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or sa'e under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit shall be fort r-five (45) miles per hour, or forty (40) miles per hour, or thirty-five (35) miles per hour, or thirty (30) miles per hour, or twenty-five (25) miles per hour, or twenty (20) miles per hour, as herein set forth, on those streets or parts of streets herein designated when signs are erected giving notice thereof, provided, however, that no such prima facie speed limits shall be applicable to or effective in any business or residence districts. Name of Street and Parts Designated Prima Facie Speed Limit The South one-half (1/2) of Eight Mile Road from Inkster to Middlebelt Road Twenty-five (25) miles per hour Page 1202 Name of Street and Parts Designated Prima Facie Speed Limit The South one-half (1/2) o' Eight Mile Road from Middlebelt Road to Farmington Road Thirty-five (35) miles per hour The South one-half (1/2) of Eight i_ile Road from Farmington Road to Haggerty Road Forty-five (45) miles per hour Seven Mile Road From Inkster to Angling Road Thirty-five (35) miles per hour Seven Mile Road from Angling Road to Maplewood Twenty-five (25) miles per hour Seven Mile Road from Maplewood to Brookfield Thirty-five (35) miles per hour Seven Mile Road from Brookfield to Filmore Twenty-five (25) miles per hour Seven Mile Road from Filmore to Stamford Thirty-five (35) miles per hour Seven Mile Road from Stamford to Haggerty Forty-five (45) miles per hour Six Miles Road from Inkster to Middlebelt Thirty-five (35) miles per hour Six Mile Road from Miadlebelt to Purlingbrook Twenty-five (25) miles per hour Six Mile Road from Purlingbrook to Farmington Thirty-five (35) miles per hour Six Mile Road from Farmington to 'Haggerty Forty-five (45) miles per hour Five Mile Road from Inkster to Middlebelt Thirty (30) miles per hour Five Mile Road from Middlebelt to Merriman Thirty-five (35) miles per hour Five Mile Road from Lerriman to Ashurst Twenty-five (25) miles per hour Five Mile Road from Ashurst to Levan Thirty-five (35) miles per hour Five Mile Road from Levar to Newburg Forty (40) miles per hour Five Mile Road from Newburg to Eckles Road Forty-five (45) miles per hour Schoolcraft Road from Inkster to Farmington Forty (40) miles per hour Schoolcraft Road from Farmington to Eckles Road Forty-five (45) miles per hour West Chicago Road from Inkster to Farmington Twenty-five (25) miles per hour The North one-half (1/2) of Joy Road from Inkster to Eckles Road Thirty-five (35) miles per hour Ann Arbor Trail from Bassett Drive to Nankin Mills Thirty-five (35) miles per hour Page 1203 Name of Street and Parts Designated Prima Facie Speed Limit 111 The West one-half (1/2) of Inkster Road from Joy Road to Seven Mile Road Thirty-five (35) miles per hour The West one-half (1/2) of Inkster Road from Seven Mile Road to Eight Mile Road Thirty (30) miles per hour Middlebelt Road from Joy Road to Terrence Thirty-five (35) miles per hour Middlebelt Road from Terrence to Six Mile Road Twenty-five (25) miles per hour Middlebelt Road from Six Mile Road to Bretton Thirty-five (35) miles per hour Middlebelt Road from Bretton to Eight Mile Rd Twenty-five (25) miles per hour Farmington Road from Joy Road to Lyndon Thirty-five (35) miles per hour Farmington Road from Lyndon to Rayburn Twenty-five (25) miles per hour Farmington Road from Rayburn to Curtis Thirty-five (35) miles per hour Farmington Road from Curtis to Gable Twenty-five (25) miles per hour Farmington Road from Gable to Eight Mile Road Thirty-five (35) miles per hour Wayne Road from Joy Road to Plymouth Road Thirty-five (35) miles per hour Plymouth Road from Inkster to Eckles Road Thirty-five (35) miles per hour Merriman Road from Joy to Seven Mile Road Thirty-five (35) miles per hour Hubbard Road from West Chicago to Six Mile Road Twenty-five (25) miles per hour Gill Road from Seven Mile Road to Eight Mile Road Thirty-five (35) miles per hour Levan Road from Plymouth to Five Mile Road Thirty-five (35) miles per hour Newburg Road from Joy Road to Ann Arbor Trail Thirty-five (35) miles per hour Newburg Road from Ann Arbor Trail to Plymouth Road Twenty-five (25) miles per hour Newburg Road from Pljmouth Road to Eight Mile Road Thirty-five (35) miles per hour Stark Road from Hathaway to Lyndon Twenty-five (25) miles per hour Pine Tree from Wayne Road to Stark Road Twenty (20) miles per hour Haggerty from Five Mile Road to Eight Mile Rd. Forty (40) miles per hour Page 1204 Name of Street and Parts Designated Prima Facie Speed Limit Eckles Road from Plymouth to Schoolcraft Thirty-five (35) miles per hour Eckles Road from Schoolcraft to Five Mile Road Forty (40) miles per hour (d) On all State and Federal +rank line highways within the City it shall be prima facie lawful for a driver of a vehicle to drive at a speed not exceeding that which may be determined prom time to +ime by the Michigan State Highway Commissioner under provisions of Act 119 of the P A 1933, or any amendment thereof, provided, however, that on any and all State and Federal trunk line highways or parts thereof within the city on which no speed limitations have been determined by said State Highway Commissioner or on which said Commissioner's determination may have been revoked or suspended, the ordinary speed limits as set forth in the foregoing subdivisions of this section shall apply (e) It shall be prima facie unlawful for any person to exceed any of the foregoing speed limitations Section 5 20 Permits For Parades and Processions (a) No procession or parade containing one hundred (100) or more persons or twenty-five (25) or more vehicles, other than the forces of the United States Army or Navy, the military forces of this State, and the forces of the Police and Fire Departments, shall occupy, march, or proceed along any street except in accordance with a permit issued by the Chief of Police (b) The application for permits to conduct a parade or procession on public property shall be written and made on a form supplied by the Police Department (c) The Chief of Police shall issue such a permit, upon proper application, if he finds that, after due investigation and after taking into account the locations of the City involved, the nature and probable size of the parade or procession, and the public health, safety, morals, order, convenience and welfare, the exercise of such permit would not be likely to interfere with traffic and the general public order to a degree beyond the ability o ' the Police to control . (d) The Chief of Police may make regulations affecting time, place and conduct of parades and processions using public property, subject to approval by the City Council Section 2 All ordinances or parts of ordinances in conflict or inconsistent 111 with the provisions of this ordinance are hereby repealed Page 1205 Section 3 If any part or parts of this ordinance are for any reasonheld to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance IIISection It This entire ordinance shall. be construed as an exercise of the police power of the City of Livonia servation ofdthenpublicce is hpeace,dhealthdto be and safety, immediately necessary for the . and shall become effective immediately on publication A roll c all vote was conducted on the forego.,_ng ordinance with the following result. AYES. Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe NAYS: None. President Wolfe declared that the foregoing ordinance was duly adopted and will become effective on the date of publication October 16, 1953. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted as follows, it was y 701 RESOLVED, that the application of Chesapeake & Ohio Railway Company dated August 5, 1953, for permission to cross Newburg Road with a third track be and hereby is granted on the following conditions 1 That all constructin oandspand eci.f�.cations as conformance with such planssp may be approved by the City Engineer 2 That the construction of the track impose no obligation, liability or expense o�' any nature on the City of Livonia 3 That the Chesapeake & Ohio Railway Comoany hold the City of Livonia harmless from any a d. all claims for damage or injuries resulting fromthe construction of said track A roll call vote was taken on the foregoing resolution with the following result: AYES, Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe NAYS: None. By Councilman Ta,lor, seconded by Councilman Grimm and adopted as follows, II - it was. Page 1206 # 702 RESOLVED, that, pursuant to recommendation of the Fire Chief III dated September 9, 1953, the bill of the Detroit Fire Department in the amount of $12,400 00 for services in fighting the General Motors Trans- mission Plart fire on August 12, and August 13, 1953 is hereby approved; that payment of such bill is hereby authorized, and that the said sum of $12,400 00 is appropriated from the Unallocated Fund to the Fire Department for payment of such bill. A roll call vote was conducted on the foregoing resolution with the following result. AYES: Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe. NAYS None. Councilman Edgar introduced the following ordinance: NO 72 AN ORDINANCE CREATING A DEPARTMENT OF CIVIL DEFENSE, PROVIDING FOR THE ADMINISTRATION, POWERS AND DUTIES OF SUCH DEPARTMENT; PRO- VIDING FOR A DIRECTOR OF CIVIL DEFENSE AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. 111 THE CITY OF LIVONIA ORDAINS Section 1 A Department of Civil Defense of the City of Livonia is hereby created pursuant to Section 1 of Chapter II and Section 11 of Chapter IV of the Charter of the City of Livonia and pursuant to the Statutes of the State of Michigan, including Act 154, Public Acts of 1953 Such Department of Civil Defense shall herein- after be called the TMdepartment" Section 2 The Department shall have the following powers and duties (a) To organize and direct Civil Defense forces within the City of Livonia for the purpose of preparing a resistance to attack or sabotage by a hostile nation, and to minimize the effects of such attacks, (b) To provide relief from the effects of natural disasters; (c) To cooperate with and assist civil defense organizations, directors and agencies created or authorized by the Federal Government, the State of Michigan and the County of Wayne, (d) To perform all of the functions, duties and acts required of civil defense organizations of cities by the provisions of Act 154, Public Acts of 1Q53• and to exercise all o" the powers provided by such Act, Page 1207 (e) To preserve and protecu the public peace and health, and the safety of persons and property, except where sucr functions is performed by the military or police forces of the Federal, S+ate o- other agencies; and (f) Such other powers and duties as may from time to time be provided by ordinance or by directive of the Mayor Section 3 The department shall have a director who shall be appointed by the City Council and who, whenever the State law so provides, shall be confirmed by the Governor Such director shall have the following powers and duties- (a) To organize, administer and operate the department, subject to the direction and control of the kayor, (b) To exercise and perform all of the powers and duties of directors o{' civil defense of cities, as provided by Act 174, Public Acts of 1953, and (c) Su„h other powers and duties as may from time to time be provided by ordinance or by direc wive of the Mayor Section 4. The department shall receive the full cooperation and support of all other departments, officers, boards, commissions and agencies of the City of Livonia In the event of an emergency, all citizens shall cooperate with and assist the department to the full extent of their ability Section 5 mhe compensation of the director of the department, together with the budget appropriation and expense allowances of the department, shall be fixed by resolution of the City Council Section 6. Any persons, firms or corporations who shall violate or fail to comply with any of the provisions of this ordinance, or with an of the rules and regulations of the department, or who shall irterfere with any of the functions of such department, shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine not to exceed Five Hundred Dollars ($500 00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment in the discretion of the Court Section 7 Ordinance No 15 of the City of Livonia entitled, "An Ordinance Creating an Office of Civilian Defense And Defining Its Powers and Duties", adopted August 28, 1950, is hereby -epealed, and all other ordinances or parts of ordinances in conflict herewith are likewise revealed to the extent necessary to give this ordinance full force and effect Section 8 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 Sectior 9 This ordinance shall be construed as an exercise of the police power of the City of Livonia• is hereby declared to be immediately necessary for the Page 1208 preservation of the public peace, health and safety; and shall become effective on publication lij A roll call vote was conducted on the foregoing ordinance with the following result. AYES• Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe NAYS: None President Wolfe declared that the foregoing ordinance was duly adopted and will become effective on the date of publication October 16, 1953. Councilman Bower introduced the following ordinance: NO 111 AN ORDINANCE AMENDING SECTIONS 2, 23 AND 28 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICLE 3 00 OF THE ZONING ORDINANCE, ORDINANCE NO 60 OF THE CITY OF LIVONIA, BY ADDING THERETO SECTIONS 3 22, 3 23, 3 24 AND 3.25 THE CITY OF LIVONIA ORDAINS. Section 1. The report and recommendations of the City Planning Commission dated September 15, 1953, on Petitions numbered Z-23, Z-25, Z-26, Z-27 and Z-29, to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all pro- ceedings heretofore conducted on such petitions, are hereby approved. Section 2 Article 3 00 of the Zoning Ordinance, Ordinance No 60 of the City of Livonia, is hereby amended by adding thereto the following sections. Section 3 22 Petition No Z-23 of Best Block Company is hereby disposed of as follows: The request for a change of the zoning classifi- cation described in said petition from R-U-F-B to M-1 is denied, but such classification is hereby changed to C-2, and the Northwest 1/4 of Section 23 of said Zoning Map is hereby amended to conform to the change made in this section. Page 1209 Section 3 23 Petition No Z-25 of Donald R Stover, et al, is Ilihereby disposed of as follows: The request that the Zoning Ordinance be amended to provide that only one residence shall be erected on each one- half acre lot in R-U-F Districts is hereby denied, but the remaining prayer of such petition is granted and the zoning classification of the premises described in said petition is hereby changed from R-U-F-B to R-U-F-A; and the Southwest 1/4 of Section 2 of said Zoning Map is hereby amended to conform to the change made in this section Section 3 24 Petition No Z-26 of Bernie V. Binkley and Petition No. Z-29 initiated by the City Planning Commission are hereby granted; the zoning classification of the premises described in said petitions is hereby changed from R-U-F-B to C-2 as requested in such petitions, and the Northwest 1/4 of Section 23 of said Zoning Map is hereby amended to conform to the change made in this section Section 3 25 Petition No Z-27 of Adolph Bohl, et al, is hereby granted, the zoning classification of the premises described in said petition is hereby changed from R-U-F-B to C-2 as requested in such petition, and the Southeast 1/4 of Section 28 of said Zoning Map is hereby amended to conform to the change made in this section Section 3 The attached map designated "Amendment No. 5 of the Zoning Map of the City of Livonia", showing all of the amendments and changes made in the fore- going Section 2 of this ordinance, is hereby approved, established and made a part hereof. 111 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 The foregoing Zoning Ordinance was placed on the table for consideration at the next regular meeting of the Council A recess was called at 9.45 P M. , at which time Councilman Grimm was excused and left the meeting The meeting was resumed at 10.55 P M , with all members of the Council present except Councilman Grimm The following members of the Livonia Township School Board were likewise present• Mr. A. Ward McCain, Ili Mr Rupert G Otto and Mrs Eva G Meacham; and likewise Mr Karl S Olsen, Acting Superintendent Page 1210 III Mr A Ward McCain, as President of the School Board, read a statement prepared by the Board under date of October 5, 1953, copy of which was placed on file with the City Clerk and in which certain questions were asked about the sewers to be installed in Sewer Special Assessment District No 4 Mr. A. Ward McCain so stated that the schools would like to have the answers to the following questions. 1 When will the sewers become accessable for use by the various schools in the district? 2 How much money is involved in the general assess- ment area chargeable to the schools, including the new school site in Section 22; and 3 The possibility of a five year contract with the School Board for payment instead of a contract providing for payment of twenty years. It was mutually agreed by the City Council and all of the members of the School Board present that this joint meeting with the School Board be adjourned to IL Thursday, October 8, 1953, at 8:30 P M , at which time an effort will be made to reach a decision on the contract between the School Board and the City pertaining to Sewer Special Assessment District No. 4. Councilman Edgar, as Chairman of the Insurance Committee, read a report dated October 5, 1953 By Councilman Edgar, seconded by Councilman Whitehead and adopted as follows, it was. # 703 RESOLVED, that the foregoing report of the Insurance Committee is hereby approved and adopted On motion of Councilman Carey, seconded by Councilman Taylor and unanimously adopted, this 103rd regular meeting of the Council was adjourned to Thursday, October 8, 1953 at 8 30 P M The time of this adjournment being 11.27 P M , October 5, 1953 IL Mar, Clark, City Clerk Attested: Hary S W4e, President