HomeMy WebLinkAboutCOUNCIL MINUTES 1951-01-29 ADJOURNED Page 295
MINUTES OF THE ADJOURNED TWENTY-NINTH REGULAR
ILO MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
JANUARY 29, 1951
The adjourned twenty-ninth regular meeting of the Council of the
City of Livonia was called to order at 9.00 P M by the President, Harry S.
Wolfe. Roll was called with the following result: Present--Harry S Wolfe,
Wilson W Edgar, Raymond E Grimm, Nettie Carey, Harvey Jahn, William Taylor
and John Whitehead Absent--None.
A report was submitted by the Committee of the Whole wherein it was
stated that this committee met on this date at 7 :30 P. M., with all members
present; conferred with Mr. Al Roth, Consulting Engineer, Mr John Nunnely,
Bond Attorney, Mr Schimell, Bond Consultant, Mayor Jesse Ziegler and Herald
110 Hamill, City Engineer; read proposed ordinance in full authorizing sewer pro-
ject in Sections 25, 26, 35 and 36 of the City of Livonia, discussed rates and
sale of bonds, and informally approved proposed ordinance.
Mr. Nunnely explained to the Council and all citizens in attendance
at the meeting the provisions of the proposed ordinance and the rates to be
charged under the ordinance Mr. Al Roth explained the construction and
maintenance of the sewers.
Councilman Jahn introduced the following ordinance:
NO 26
AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF
SANITARY SEWERS FOR THE DISPOSAL OF THE SEWAGE OF A PART OF
THE CITY OF LIVONIA; AUTHORIZING THE ISSUANCE OF SELF-LIQUIDATING
REVENUE BONDS FOR THE PURPOSE OF DEFRAYING THE COST THEREOF
UNDER THE PROVISIONS OF ACT 94, PUBLIC ACTS OF MICHIGAN, 1933,
AS AMENDED; PROVIDING FOR THE ESTABLISHMENT OF SEWAGE DIS-
POSAL SYSTEM NO 1 IN SAID CITY; PROVIDING FOR THE RETIREMENT
Lm
OF SAID BONDS FROM THE REVENUES DERIVED FRCU SAID SEL( , DIS-
POSAL SYSTEM NO 1; CREATING A STATUTORY LIEN ON SUCH REVENUES,
AND PROVLDING FOR OTHER MATTERS RELATIVE TO SAID BONDS, THE SAID
PUBLIC IMPROVEMENTS, AND THE REVENUES THEREFROM
page 296
THE CITY OF LIVONIA ORDAINS:
Section 1 To improve the public health and welfare of the City of
1LN
Livonia, it is hereby determined and declared to be necessary to acquire and
construct sanitary sewers for the purpose of disposing of the sewage of a
portion of the area comprising the City of Livonia in accordance with detailed
maps, plans, specifications and estimates therefor, and to operate and maintain
said sewage disposal facilities on a utility-rate basis as authorized by Act 94,
Public Acts of Michigan, 1933, as amended.
Section 2 The City Council has caused maps, plans and specifications
for such sanitary sewers to be prepared by Hubbell, Roth and Clark, Inc.,
consulting engineers, of Detroit, Michigan, which maps, plans and specifications
are hereby approved and adopted, and it is hereby determined to acquire such
public improvements in accordance with said maps, plans and specifications.
That the following is a description of the size, and places where said sanitary
sewers are to be constructed-
Street, Alley or Length Sizes
Easement From To Feet Inches
Joy Road Merriman Inkster 10,567 12" - 48"
Henry Ruff Joy Cathedral 1,267 12" - 18"
Danzig Joy Cathedral 1,262 12" - 18"
Oporto Joy Cathedral 1,262 12" - 18"
lim Melvin Joy Cathedral 1,262 12" - 18"
Louise Joy Cathedral 1,262 12" - 18"
Beatrice Joy Cathedral 1,262 12" - 18"
Hugh Joy Cathedral 1,262 12" - 18"
Fremont Joy Cathedral 1,262 12" - 18"
Middlebelt Joy Cathedral 1,249 24"
Oxbow Joy Olson 1,059 15" - 18"
Olson Oxbow Hartel 873 12" - 15"
Hartel Olson Joy 1,059 12" - 15"
Floral Joy 760' N 760 18"
Deering Joy 1520' N 1,520 15" - 18"
Cardwell Joy W. Chicago 2,565 48"
VT Chicago Deering Inkster 1,158 18" - 42"
Inkster W Chicago 260'N of Joy 2,360 12" - 18"
Deering W. Chicago Alley W. cf Chicago 233 36"
Easem't N of W Chicago Deering Harrison 1,280 30" - 36"
Easem't W of Deering Easem't W of Easem't S of 2,133 12" - 18"
Chicago Plymouth
Easem't W of Easem't N. of Easem't S. of 1,789 12" - 15" 0
Clements Circle E W Chicago Clements Circle N
Easem't W of Seltzer Easem't N of Elmira 1,574 12" - 15"
W. Chicago
Easement W of Garvet " Elmira 1,574 12" - 36"
Easem't S of Elmira Easem't W of Harrison 223 36"
Garvet
Easem't S of Cleveland Harrison Easem't W of 1,275 15" - 18"
Clements Circle W.
Easem't S. of Elmira Harrison it it1,036 12" - 15"
Page 297
Street, Alley or Length Sizes
Easement From To Feet Inches
IL Easem't S of Clements Easem't W. of 110' East of
Circle N Clements Circle Clements Circle
East West 1,822 12"
Easem't S. of Plymouth Easem't W of Easem't W of
Deering Clements Circle
West 2,481 18" - 214"
Easem't W. of Clements Easem't S of Easem't S. of
Circle W. Cleveland Plymouth 1,018 12"
Harrison Easem't S of Plymouth 1,277 18" - 36"
Cleveland
Alley Vit. of Arcola &
r/w in alley Ext'd W. Chicago Orangelawn 901 42"
Alley W of Inkster Alley N of W Alley S of
Chicago Plymouth 2,375 12" - 36"
Arcola Alley S. of Alley N. of
Plymouth Plymouth 344 36"
Alley S of Plymouth Inkster Cavell 549 12" - 36"
Orangelawn Alley W of Alley West of
Inkster Cardwell 1,065 21" - 36"
Plymouth Harrison Middlebelt 2,740 30" - 36"
Hartel Plymouth 2343' North 2,343 12" - 24"
Camden Plymouth 2343' North 2,343 12" - 18"
Hailer Plymouth 12151 North 1,215 18"
Alley N. of Plymouth Inkster Deering 1,243 12" - 30"
Ili Alley W. of Inkster Alley N of Grantland 2,116 24"
Plymouth
Alley W. of Arcola Alley N of " 2,129 12" - 18"
Plymouth
Alley W. of Cavell Alley N of
Plymouth " 2,137 12" - 18"
Alley W of Cardwell Alley N of
Plymouth it 2,128 24"
RJW ;iayne Co Rd Grantland N. of C&0 R.R. 458 24"
Yard and C&0 R R
Grantland Alley W of Deering 163 24"
Cardwell
Pumping Station - Northwest Corner Joy Road & Floral - 24' x 24'
Said system of sanitary sewers and appurtenances thereto shall be here-
after known and designated as CITY OF LIVONIA SEWAGE DISPOSAL SYSTEM NO 1, and
shall include all sanitary sewers and appurtenances acquired or constructed under
the provisions of this ordinance, and all extensions, connections and improvements
thereto existing or which may subsequently be made or acquired.
Section 3. The cost of said sanitary sewers has been estimated by
Hubbell, Roth ana Clark, Inc , consulting engineers, to be Seven Hundred Thousand
($700,000 00) Dollars, including the payment of incidental expenses as specified
IL in Section 4 hereof, which estimate of cost is hereby approved and confirmed, and
the period of usefulness of said extensions and improvements is estimated to be
not less than forty (140) years
Page 298
Section 4. To pay the cost of acquiring said sanitary sewers and
appurtenances, in luding the payment of engineering, legal and other expenses
ILI incident thereto, and interest for a period of one (1) year, it is hereby
determined that the City of Livonia shall Dorrov the sum of Seven Hundred
Thousand ($700,000.00) Dollars, and that revenue bonds be issued therefor under
the provisions of Act 94, Public Acts of Michigan, 1933, as amended, which bonds
are sometimes referred to in this Ordinance as "the bonds "
Wherever the wards "the System" or "System" are used in this Ordinance,
they shall be understood to mean City of Livonia Sewage Disposal System No 1, as
hereinbefore defined.
Wherever the words "revenues" and "net revenues" are used in this
Ordinance, they shall be understood to have the meaning defined in Section 3
of Act 94, Public Acts of Michigan, 1933, as amended
The term "project" shall be construed to mean the sanitary sewers and
appurtenances authorized to be acquired and constructed under the terms of this
Ordinance.
The terms "acquire" or "acquiring" as used in this Ordinance shall
include acquisition by purchase, construction, or any other method
Section 5 Said bonds shall be designated Sewage Disposal System No. 1
Revenue Bonds, Series I, and shall be, not general obligations of the City of
Livonia, but revenue bonds, payable out of the net revenues of the System after
110 provision has been made for the payment of expenses of operation, and shall consist
of 700 bonds of $1,000.00 each, dated as of March 1, 1951, numbered and maturing
as follows
Bond Nos. Inclusive Amount Maturity
1/15 $ 15,000 March 1, 1953
16/30 15,000 March 1, 1954
31/60 30,000 March 1, 1955
61/90 30,000 March 1, 1956
91/120 30,000 March 1, 1957
121/150 30,000 March 1, 1958
151/190 40,000 March 1, 1959
191/230 40,000 March 1, 1960
231/265 35,000 March 1, 1961
266/300 35,000 March 1, 1962
301/335 35,000 March 1, 1963
336/370 35,000 March 1, 1964
371/400 30,000 March 1, 1965
401/430 30,000 March 1, 1966
431/455 25,000 March 1, 1967
456/480 25,000 March 1, 1968
431/500 20,000 March 1, 1969
501/520 20,000 March 1, 1970
521/540 20,000 March 1, 1971
IL 541/560 20,000 March 1, 1972
561/580 20,000 March 1, 1973
581/595 15,000 March 1, 1974
Page 299
Bond Nos Inclusive Amount Maturity
110 596/61015,000 March 1, 1975
611/625 15,000 March 1, 1976
626/640 15,000 March 1, 1977
641/655 15,000 March 1, 1978
656/670 15,000 March 1, 1979
671/685 15,000 March 1, 1980
686/700 15,000 March 1, 1981.
Said bonds shall bear interest at a rate or rates not exceeding four
per cent (4%) per annum, payable on September 1, 1951, and semi-annually there-
after on March 1st and September 1st of each year, both principal and interest
to be payable in lawful money of the United States of America at DETROIT TRUST
COMPANY, Detroit, Michigan.
Bonds of this issue may be called for redemption as a whole, at the
option of the City, on any interest payment date on or after September 1, 1953
Bonds numbered 581 to 700, inclusive, maturing in the years 1974 to
1981, inclusive, shall be subject to redemption prior to maturity, at the option
of the City, in inverse numerical order, on any interest payment date on or
after September 1, 1965.
The redemption price of all bonds called for redemption prior to
maturity, whether as a whole or in part, shall be par and accrued interest
plus a premium as follows.
$40.00 on each bond called for redemption prior to March 1, 1965
$20.00 on each bond called for redemption on or after March 1, 1965,
but prior to March 1, 1971
$10 00 on each bond called for redemption on or after March 1, 1971,
but prior to March 1, 1977
No premiums shall be paid on bonds called for redemption on or after
March 1, 1977
Notice of redemption shall be given thirty (30) days in advance of the redemption
date by publication in a financial paper published in the State of Michigan, and
in case of registered bonds, thirty (30) 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.
Said bonds may be registered as to principal only in the manner and
with the effect set forth on the face thereof, as hereinafter provided
Said bonds shall be signed by the Mayor and countersigned by the City
Clerk, and shall have interest coupons attached bearing the facsimile signatures
of said Mayor and City Clerk, and said official, by the execution of said bonds,
shall adopt as and for their awn proper signatures their respective facsimile
signatures on said coupons
Section 6 Said bonds shall not be a general obligation or indebtedness
of the City o1 Livonia, but shall be payable solely from the net revenues derived
Page 300
from the operation of the System and to secure such payment there is hereby
created a statutory first lien upon the whole of the net revenues of said
System, to continue until the payment in full of the principal and interest
on said bonds.
Section 7 The holder or holders of said bonds or coupons representing
in the aggregate not less than twenty per cent (20%) of the entire issue then
outstanding may, either at law or in equity, by suit, action, mandamus or other
proceedings, protect and enforce the statutory lien upon the revenues of said
System, and may, by suit, action, mandamus or other proceedings, enforce and compel
performance of all duties of the officers of said City, including the fixing
of sufficient rates, the collection of revenues, the proper segregation of the
revenues of the System and the proper application thereof: Provided, However,
that the statutory lien upon said revenues shall not be construed to give the
holder or holders of any bonds or coupons authority to compel the sale of the
System
If there be any default in the payment of the principal of or interest
upon any of said bonds, any Court having jurisdiction in any proper action may
appoint a receiver to administer and operate said System on behalf of the City,
and under the direction of said Court, and by and with the approval of said
Court, to perform all of the duties of the officers of said City, more particularly
set forth herein and in Act 94, Public Acts of Michigan, 1933, as amended
The holder or holders of any such bonds or any coupons therefrom shall
have all other rights and remedies given by said Act 94, Public Acts of Michigan,
1933, as amended, for the collection and enforcement of said bonds and the
security therefor
Section 8. The construction, alteration, repair and management of the
System shall be under the supervision and control of the Mayor Said Mayor may
employ such person or persons in such capacity or capacities as he deems
advisable to carry on the efficient management and operation of the System The
Mayor may make such rules, orders and regulations as he deems advisable and
necessary to assure the efficient management and operation of the System.
Section 9. The operating year of the System shall begin on the first
day of March of each year and shall end on the last day of February of each year.
Section 10. The following rates are hereby established for services
furnished by the System.
SEWAGE DISPOSAL RATES
Such rates shall be levied on each lot or parcel of land, building
or premises having any sewer connection with the System, on the basis of
quantity of water used therein or thereon, as the same is measured by the
water meter installed therein.
Such consumption rate shall be as follows, to—wit.
IL. From 0 to 10,000 cubic feet per month — $0 80 per 1000 cubic feet
10, 00 to 100,000 " rt $0 70 per 1000 " "
In excess of 100,000 " " " " — $0.60 per 1000 a rr
Page 301
The above consumption charges shall apply to all users connected to
sanitary sewers constructed under the provisions of this ordinance, or connected
to any existing laterals or any extensions of the System constructed in the
future
The minimum quarterly charge for sewage disposal shall be $2.00 per
quarter
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
miscellaneous users of water for which special consideration should be given,
special rates may be fixed by the City Council
A debt service charge shall be billed quarterly to each user connected
to the Project in accordance with the following:
1. Each residential connection shall pay $3.50 per quarter, or at the rate of
$14.00 per year, until a total of $210 00 has been paid
2 Each commercial connection shall pay on the basis of $0 68 per front foot
per year, payable in quarterly installments, for a period of fifteen (15) years
3 Each industrial connection shall pay on the basis of $60 00 per acre per
year, payable in quarterly installments, for a period of ten (10) years.
The debt service charges above itemized shall only apply to those users who abut
on and are connected to any of the sanitary sewers constructed under the pro-
visions of this Ordinance.
The properties of the Michigan Racing Association located within the
City of Livonia shall pay a debt service charge at the rate set up for industrial
connections.
For the reasonable cost and value of the services rendered to the City
and its various departments by the System, and the general benefits to the public
health in said City derived from the installation of said sanitary sewers, the
City of Livonia shall pay out of its appropriate general funds, the sum of Five
Thousand ($5,000 00) Dollars per year, payable in equal quarterly installments
SEWER CONNECTIONS
Sewer Connections shall be made by and at the expense of the property
owner so connecting, subject to any rules and 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 making such connection shall pay all inspection charges
now or hereafter established by the City prior to the use thereof.
BILLING
The Water Department of the City of Livonia shall have charge of all
billing for sewage disposal rates, and such bills shall be collected quarterly,
at the same time and in the same manner as provided for water bills On all bills
not paid within ten (10) days after the date of the bill, a 10% penalty will be
added
Page 302
ENFORCEMENT
IL; The charges for sewage disposal services which are under the provisions
of Section 21 of Act 91, Public Acts of Michigan, 1933, as amended, made a lien
on all premises served thereby, unless notice is given that a tenant is responsible,
are hereby recognized to constitute such lien and whenever any such charge against
any piece of property shall be delinquent for six (6) months, the City officials
in charge of the collection thereof shall certify to the City Treasurer of the
City, the fact of such delinquency, 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 pre-
mises are collected, and the lien thereof enforced. Provided, However, where
notice is given that a tenant is responsible for such charges and service as
provided by said Section 21 no further service shall be rendered any piece of
property until a cash deposit of not less than Ten (610 00) Dollars shall have
been made as security for payment of such charges and service
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 nonpayment
of sewage disposal rates, when due
Section 11. No free service shall be furnished by the 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
Section 12 If the character of sewage or waste from any manufacturing
or industrial plant or any other building or premises shall be such as to impose
an unreasonable additional burden upon the sewers of the System, then an additional
charge may be made over and above the regular rates, or it may be required that
such sewage be treated by the person, firm or corporation responsible therefor
before being emptied into the sewers, or the right to empty such sewage may be
denied, if necessary for the protection of the sewers and sewage disposal
facilities of the System or the public health or safety.
Section 13. The rates hereby fixed are estimated to be sufficient to
provide for the payment of the interest upon and the principal of all the bonds,
as and when the same become due and payable, to provide for the creation of a
reserve therefor as required by this Ordinance, to provide for the payment of the
expenses of administration and operation and such expenses for maintenance of the
said System as are necessary to preserve the same in good repair and working
order, and to provide for such other expenditures and funds for said System as
this Ordinance may require Such rates shall be fixed and revised from time to
time as may be necessary to produce these amounts, and it is hereby covenanted
and agreed at all times to fix and maintain such rates for services furnished by
the System as shall be sufficient to provide for the foregoing.
Section 14 The revenues of the System are hereby ordered to be set
aside, as collected, and deposited in the First National Bank in Plymouth,
Michigan, a bank duly qualified to do business in Michigan, in an account to be
designated Sewage Disposal Receiving Flind (hereinafter referred to as the
Receiving Fund), and said revenues so deposited are pledged for the purposes of
the following funds, and shall be transferred from the Receiving Fund periodically
in the manner and at the times hereinafter specified:
Page 303
(A) OPERATION AND MAINZENANCE FUND:
lir
Out of the revenues in the Receiving Fund there shall be first set
aside, quarterly, into a separate depositary account designated Operation
and Maintenance Fund, a sum sufficient to provide for the payment of the next
quarterts current expenses of administration and operation of the System and
such current expenses for the maintenance thereof as may be necessary to pre-
serve the same in good repair and working order
A budget, showing in detail the estimated costs of administration,
operation and maintenance of the System for the next ensuing operating year shall
be prepared, submitted and approved at the same time required by law for the
submission and approval of the annual City budget by the City Council The
amounts transferred into the operation and maintenance fund during each operating
year shall not exceed said budget unless approved by a two-thirds (2/3) vote
of the City Councilmen elect.
(B) BOND AND INTEREST REDEMPTION r UND.
There shall next be established and maintained a separate depositary
account designated the Bond and Interest Redemption Fund, which shall be used
solely and only for the purpose of paying the principal of and interest on the
bonds hereby authorized The moneys in the Bond and Interest Redemption Fund
(incluaing the Reserve Account hereinafter established) shall be kept on hand
with the bank or trust company where the principal and interest on the bonds
herein authorized are currently payable
Out of the revenues remaining in the Receiving Fund after provision
has been made for expenses of operation and maintenance of the System, there
shall next be set aside, quarterly, in the Bond and Interest Redemption Fund,
a sum sufficient to provide for the payment of the principal of and interest
upon all outstanding bonds payable from the revenues of the System, as and when
the same become due and payable The amount so set aside for interest each
quarter shall be not less than one-half (1/2) of the total amount of interest
next maturing on the bonds herein authorized The amount set aside for principal
each quarter commencing March 1, 1952, shall be not less than one-quarter (1/4)
of the amount of principal of the bonds next maturing If there be any deficiency
in the amounts previously required to be set aside, then the amount of such
deficiency shall be added to the current requirement
There is hereby established in the Bond and Interest Redemption Fund,
a separate account, to be known as the Bond Reserve Account, into which account
there shall be set aside, quarterly, all of the revenues of the System after the
required quarterly payments have been made for the Operation and Maintenance
Fund and the Bond and Interest Redemption Fund, until such time as there has
been accumulated in said Bond Reserve Account the sum of $60,000 00, which
account shall be established in the full amount herein required not later than
the end of the operating year commencing March 1, 1955. Said Bond Reserve
Account shall be used solely for the payment of the principal and interest on
the bonds as to which there would otherwise be default.
If at any time it shall be necessary to use moneys in the Reserve
Account for such payment, then the moneys so used shall be replaced from the
net revenues first received thereafter which are not required by this Ordinance
to be used for operation and maintenance or for current principal and interest
requirements- Provided, However, that such Reserve Account shall not be regarded
as moneys otherwise appropriated or pledged for the purpose of determining the
page 304
sufficiency of funds available for redemption of callable bonds.
110
No further payments need be made into the Bond and Interest Redemption
Fluid after enough of the bonds have been retired so that the amount then held
in said fund (including the Bond Reserve Account) is equal to the entire amount
of principal and interest which will be payable at the time of maturity of all
the bonds then remaining outstanding
(C) REPLACEMENT FUND:
There shall next be established and maintained a separate depositary
account designated the Replacement Fund, which shall be used solely and only for
the purpose of making major repairs and replacements to the System for which
funds in the Operation and Maintenance Fund are not available or sufficient.
There shall be set aside into said account monthly, out of the revenues remaining
in the Receiving Fund, after provision has been made for the Operation and
Maintenance Fund, and the Bond and Interest Redemption Fund (including the
Reserve Account) all of the revenues so remaining until such time as there has
been accumulated in said Replacement Fund the sum of $10,000 00. Whenever money
shall be used from said fund for making such major repairs and replacements,
the moneys so used shall be replaced from the net revenues in the Receiving
Fund which are not required by this Ordinance to be used for the Operation and
Maintenance Fund or the Bond and Interest Redemption Fund (including the Reserve
Account)
(D) IMPROVEMENT FUND.
Out of the remaining revenues in the Receiving Fund, there may be set
aside in any month, after meeting the requirements for the foregoing funds, in
a separate depositary account to be designated Improvement Fund, such sum as the
City Council may deem advisable, to be used for improvements, enlargements,
extensions and repairs to the System.
(E) SURPLUS FUND.
Moneys remaining in the Receiving I?und at the end of any operating
year, after full satisfaction of the foregoing requirements, may be transferred
to a separate depositary account to be designated Surplus Fund Moneys in the
Surplus Fund may be transferred from time to time, in the discretion of the
City Council, to either the Bond and Interest Redemption Fund to be used far
the purpose of calling bonds, or to the Improvement Fund: Provided, that if
there be any deficit in the Operation and Maintenance Fund, Bond and Interest
Redemption Fluid (including the Reserve Account) or the Replacement Fund by
reason of defaults in setting aside therein the amounts hereinbefore required,
then transfers shall be made from the Surplus Fund to such funds in the order
named to the extent of such deficit.
Section 15 In the event the moneys in the Receiving Fund are
insufficient to provide for the current requirements of the Operation and
Maintenance Fund or the Bond and Interest Redemption Fund, any moneys and/or
securities in other funds of the System shall be transferred, first, to the
Operation and Maintenance Fund, and second, to the Bond and In erest
Redemption Fund to the extent of any deficit therein.
Page 305
Section 16 Moneys in the Bond and Interest Redemption Fund over
and above those being accumulated for the payment of principal and interest
next maturing, and moneys in any other fund except the Receiving Fund and the
Operation and Maintenance Fund may be invested in obligations of the United
States of America. In the event such investments are made, the securities
representing the same shall be kept on deposit with the bank or trust ccmpany
having on deposit the fund or funds from which such purchase was made. Any
income received from such investment shall remain in the funds from which such
investments were made.
Section 17 Said bonds shall be sold and the proceeds applied in
accordance with the provisions of Act 94, Public Acts of Michigan, 1933, as
amended
Section 18 First National Bank, in Plymouth, Michigan, a Federal
Reserve System member bank, is hereby designated depositary of the proceeds
of sale of said bonds From said moneys there shall first be transferred to the
Bond and Interest Redemption Fund the amount of interest which will accrue
during the period for which interest has been capitalized, which is one (1)
year, at the interest rate or rates specified in the bonds. The balance of
such proceeds shall be used solely to pay the cost of the project and any
engineering, legal or other expenses incident thereto, and shall be paid
out on authorization of the City Council. Any unexpended balance of the
proceeds of sale remaining after completion of the project may, in the dis-
cretion of the City Council, and to the extent of fifteen (15%) per cent
of the amount of such issue, be used for further improvements, enlargements
and extensions of the System, provided that at the time of such expenditure,
such use be approved by the Municipal Finance Commission. Any remaining balance
after such expenditure shall be paid into the bond and interest redemption
fund and snail be used for the redemption of callable bonds
Section 19 The City of Livonia covenants and agrees with the
successive holders of the bonds and coupons that so long as any of the bonds
remain outstanding and unpaid as to either principal or interest --
(a) The City will maintain the System in good repair and working
order, and will operate the same efficiently and will faithfully and punctually
perform all duties with reference to the System required by the Constitution
and laws of the State of Michigan, including the making and collecting of
sufficient rates for sewage disposal service rendered by the System and the
segregation and application of the revenues of the System in the manner pro-
vided in this Ordinance.
(b) The City will fix and collect rates and charges for all sewage
disposal service supplied by the System in order to obtain revenues fully
sufficient to provide for the payment of expenses of administration, operation
and maintenance of the System, to provide for the payment of interest on and
the principal of all obligations payable therefrom, including the bonds herein
authorized, as and when the same become due and payable, and, to create the
Reserve Account, and provide for such other expenditures and funds for said
System as this Ordinance may require Such rates shall be fixed and revised
from time to time as may be necessary to produce these amounts
Page 306
(c) The City will not permit free sewage to be supplied by the System
lis to the City or any Department or Agency thereof, or to any person, firm or
corporation, public or private, or to any public agency or instrumentality.
The reasonable cost and value of all sewage disposal service rendered to the
City and its various departments shall be charged against the City and shall be
paid as the service accrues All payments so made shall be considered revenues
of the System, and shall be applied in the manner herein provided for the appli-
cation of the revenues of the System
(d) The City will maintain and keep proper books of record and
account, separate from all otherzecords and accounts, in which shall be made
full and correct entries of all transactions relating to the System Not
later than three (3) months after the close of each operating year, the City
Council will cause to be prepared, on forms furnished by the Municipal Finance
Commission, if such forms are available, a statement in reasonable detail,
sworn to by its chief accounting officer, showing the cash income and dis-
bursements of the System during such operating year, the assets and liabilities
of the System at the beginning and close of the fiscal year, and such other
information as is necessary to enable any taxpayer, user of the service furnished,
or any holder or owner of the bonds, or anyone acting in their behalf, to be
fully informed as to all matters pertaining to the financial operation of the
System during such year A certified copy of such statement shall be filed with
the Municipal Finance Commission, and such statement and books of record and
account shall at all reasonable times be open to inspection by any taxpayer,
user of the service or holder or holders of any bonds or anyone acting in their
behalf. The City Council will also cause an annual audit of such books of
IL0 record and account for the preceding operating year to be made by a recognized
independent certified public accountant, and will make such audit available to
the holder of any bonds A copy of the foregoing statement and a copy of the
annual audit shall be sent to the original purchasers of the bonds within ninety
(90) days after the close of each fiscal year.
(e) The City will maintain and carry for the benefit of the holders
of the bonds, insurance on all physical properties of the System, of the kinds
and in the amounts normally carried by public utility companies and municipalities
engaged in the operation of sewage disposal systems. All moneys received for
losses under any such insurance policies shall be applied solely to the replace-
ment and restoration of the property damaged or destroyed and to the extent not
so used, shall be used for the purpose of calling bonds.
(f) The City will not sell, lease or dispose of the System or any
substantial part thereof until all of the bonds have been paid in full, both
as to principal and interest The City further will cause the operation of the
System to be carried on as economically as possible, will cause to be made to
the System all repairs and replacements necessary to keep the same in good
repair and working order, and will not do or suffer to be done any act which
would affect the System in such a way as to impair or affect unfavorably the
security of the bonds
Section 20 The right is reserved, in accordance with the provisions
of Act 94, Public Acts of Michigan, 1933, as amended, to issue additional bonds
payable from the revenues of the System which shall be of equal standing with
the bonds herein authorized, for the following purposes and on the following
conditions and limitations :
Page 307
(a) For completion of the project in accordance with the plans
and specifications therefor, and such bonds shall not be authorized unless
the consulting engineers, Hubbell, Roth & Clark, Inc , or their successor
engineers in diarge of construction, shall execute a certificate evidencing
the fact that additional funds are needed to complete the project in accordance
with the plans and specifications therefor If such certificate shall be so
executed and filed with the City Clerk, it shall be the duty of the City Council
to provide for and issue additional Revenue Bonds in the amount stated in
said certificate to be necessary to conplete the project in accordance with the
plans and specifications The aggregate principal amount of Bonds to be issued
for such purpose shall not exceed $70,000.00.
(b) For subsequent extensions and improvements to the System. Pro-
vided, that no such additional bonds shall be issued unless the net revenues for
each of the two (2) completed operating years next preceding the issuance of the
additional bonds, when supplemented by the net revenues estimated to accrue
from the making of the proposed extensions and improvements, are equal to not
less than one and one-half (1-1/2) times the largest amount of combined principal
and interest to fall due in any future operating year or. any bonds then out-
standing payable from the revenues of the System and on the additional bonds so
to be issued As a condition precedent to the issuance of said bonds, a ti-rritten
estimate of the net revenues estimated to accrue from the acquisition or
construction of the proposed extensions and improvements, concurred in and
executed by an engineer designated by the City Council, and the engineer of the
Municipal Finance Commission (or in the event no such state officer or agent
exists, an engineer selected by the Municipal Finance Commission, or successor
state agency having jurisdiction over the issuance of municipal bonds), shall
be filed with the City Clerk and the Municipal Finance Commission. Permission
of the Municipal Finance Commission (or such other Commission as shall have
jurisdiction over the issuance of municipal bonds) to issue such additional bonds
shall constitute a conclusive presumption of the existence of conditions per-
mitting the issuance thereof
Except as herein authorized, no additional bonds having equal standing
with the bonds of this issue shall be authorized or issued.
Section 21. Said bonds and coupons shall be in substantially the
following farm•
UNITED STAMS OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
SEWAGE DISPOSAL SYSTEM NO I REVENUE BOND, SERIES I
No. 1,000.00
KNCX ALL VEN BY THESE PRESENTS that the CITY OF LIVONIA, County of
Mayne, State of Michigan, for value received, hereby promises to pay to the
bearer, or if registered, to the registered holder hereof, but only out of
the revenues of Sewage Disposal System No I of the City of Livonia, including
Page 30$
all appurtenances, extensions and improvements thereto, the sum of
ONE THOUSAND DOLLARS
on the first day of March, A D 19 , with interest thereon from the date
hereof until paid at the rate of per cent per annum, payable September 1,
1951, and semi-annually thereafter on the first day of March and September
of each year, on presentation and surrender of the proper interest coupons
hereto annexed as they severally become due Both principal of and interest
on this bond are payable in lawful money of the United States of America at
DETROIT TRUST COMPANY, Detroit, Michigan, and for the prompt payment thereof,
the gross revenues of said Sewage Disposal System No I including all
appurtenances, extensions and improvements thereto, after provision has been
made for reasonable and necessary expenses of operation, administration and
maintenance are hereby irrevocably pledged, and a statutory first lien on
said revenues is hereby recognized and created
This bond is one of a series of seven hundred (700) bonds of even
date and like tenor except as to date of maturity
aggregating the sum of $700,000 00, issued pursuant to Ordinance No.
duly adopted by the City Council of the City of Livonia on
and under and in full compliance with the Constitution and Statutes of the
State of Michigan, including specifically Act 94, Public Acts of Michigan,
1933, as amended, for the purpose of acquiring and constructing sanitary
sewers for Sewage Disposal System No. I of the City of Livonia
For a complete statement of the revenues from which and the conditions
under which this bond is payable, a statement of the conditions under which
additional bonds of equal standing may hereafter be issued, and the general
covenants and provisions pursuant to which this bond is issued reference is
made to the above-described Ordinance
Bonds of this issue may be called for redemption as a whole, at
the option of the City, on any interest payment date on or after March 1, 1953.
The right is reserved of redeeming bonds numbered 581 to 700,
inclusive, maturing in the years 1974 to 1981, inclusive, at the option of the
City, in inverse numerical order, on any interest payment date on or after
March 1, 1965
The redemption price of all bonds called for redemption prior to
maturity, whether as a whole or in part, shall be par and accrued interest
to the date fixed for redemption plus a premium as follows -
$30.00
ollows •$30.00 on each bond called for redemption prior to March 1, 1965
$20 00 on each bond called for redemption on or after March 1, 1965,
but prior to March 1, 1971.
$10 00 on each bond called for redemption on or after March 1, 1971,
but prior to March 1, 1977
No premium will be paid on bonds called for redemption on or after
March 1, 1977
Page 309
Notice of redemption shall be given thirty (30) days in advance of the
redemption date by publication in a financial paper published in the State of
Michigan, and in case of registered bonds, thirty (30) 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
This bond is a self-liquidating bond, and is not a general obligation
of the City of Livonia, and does not constitute an indebtedness of the City
of Livonia within any Constitutional or statutory limitation, and is payable,
both as to principal, and interest, solely from the revenues of said Sewage
Disposal System No. 1 of the City of Livonia The principal and interest on
this bond are secured by the statutory lien hereinbefore mentioned
The City of Livonia has covenanted and agreed, and does hereby covenant
and agree, to maintain at all times while any of said bonds are outstanding,
such rates for service furnished by said Sewage Disposal System No. 1 as shall
be sufficient to provide for the payment of expenses of administration and
operation and such expenses for maintenance of said System as may be necessary
to preserve the same in good repair and working order, to provide for the
payment of interest upon and the principal of all bonds payable therefrom as
and when the same become due and payable and for the creation of a reserve
therefor, and to provide for such other expenditures and funds for said
facilities as are required by said Ordinance.
This bond and the interest thereon are exempt from any and all taxation
whatsoever by the State of Michigan or by any taxing authority within said
State.
This bond may be registered as to principal only on the books of
the City Treasurer in the name of the holder, and such registration noted on
the back hereof by the City Treasurer, after which no transfer shall be valid
unless made on the books and noted on the back hereof in like manner, but
transferability by delivery may be restored by registration to bearer Such
registration shall not affect the negotiability of the interest coupons
It is hereby certified and recited that all acts, conditions and
things required by law precendent to and in the issuance of this bond and the
series of which this is one have been done and performed in regular and due time
and form as required by law.
IN WITNESS WHEREOF the City Council of the City of Livonia, County of
Wayne, State of Michigan, has caused this bond to be signed in the name of said
City by the Mayor and countersigned by the City Clerk, and the corporate seal
of the City to be affixed hereto, and the coupons hereto attached to be signed
by the facsimile signatures of said Mayor and City Clerk, as of the first day
of March, A D 1951.
CITY OF LIVONIA
lio
By
Mayor
(Seal)
Countersigned
City Cleric
Page 310
(Form of Coupon)
NO. $
On the first day of A D 19 , unless the bond
to which this coupon pertains shall have been called for recTemption, the
CITY OF LIVONIA, Wayne County, Michigan, will pay to the bearer the sum of
Dollars, in the manner and out of the revenues
described in said bond, at Detroit Trust Company, Detroit, Michigan, being the
semi—annual interest due that day on its Sewage Disposal System No. I Revenue
Bond, Series I, dated March 1, 1951, NO
This coupon is not a general obligation of the City of Livonia but
is payable from certain revenues as set forth in the bond to which it pertains
Mayor
City Clerk
REGISTRATION
NOTHING TO BE WRITTEN HEREON EXCEPT
BY THE CITY TREASURER
Date of Registration : Name of Registered Owner : Registrar :
•
Section 22 The City Clerk is hereby authorized and directed to make
application to the b!unicipal Finance Commission for authority to issue and sell
said bonds, and for approval of the form of notice of sale of said bonds in
accordance with provisions of Act 202, Public Acts of Michigan, 1943, as amended,
and of Act 94, Public Acts of Michigan, 1933, as amended.
Section 23. If any section, paragraph, clause or provision of this
Ordinance shall be held invalid, the invalidity of such section, paragraph,
clause or provision shall not affect arxr of the other provisions of this
Ordinance.
Section 24. All ordinances, resolutions, or orders, or parts thereof,
in conflict with the provisions of this Ordinance are to the extent of such
conflict hereby repealed
Section 25 This Ordinance shall be published in full in The Livonian
a newspapers general circulation in the City of Livonia within one week of
its passage.
Section 26 This Ordinance shall become effective immediately upon
its adoption, to-wit: January 29th, 1951
Page 311
A roll call vote was taken on the foregoing ordinance with the following
result.
YEAS. Grimm, Jahn, Carey, Edgar, Taylor, Whitehead
and Wolfe.
NAYS. None
The President declared the foregoing ordinance was adopted The Mayor, Jesse
Ziegler, then approved said ordinance and affixed his signature thereto as
evidence of such approval The President declared said ordinance shall become
effective immediately under the provisions of Section 6, Act 9L., Public Acts
of Michigan, 1933, as amended and ordered that said ordinance be published
in full in the Livonian on Friday, February 2, 1951.
Councilman Taylor made a motion that the following resolution be
adopted•
g----2--c-0RESOLVED, that Mr Al Roth, consulting engineer, be and
hereby is authorized and directed to transmit to the Ford Motor
Company, General Motors Corporation and the Michigan Racing
Association certified copies of Ordinance #26, together with
minutes of its adoption and explanatory material prepared by
said engineer, and that said engineer be further authorized to
negotiate contracts with said parties relative to their connection
with the sewers described in said ordinance and the payment of
rates and charges specified therein.
The foregoing motion was seconded by Councilman Jahn and a roll call vote was
taken with the following result:
YEAS• Grimm, Jahn, Carey, Edgar, Taylor, Whitehead
and Wolfe
NAYS: None
The President announced the foregoing resolution was adopted.
Mr Roth then presented to the Council a proposed form of advertise-
ment for the construction of sewers and pumping station under the provisions
Il
i
of Ordinance #26
Councilman Edgar made a motion that the following resolution be
adopted
Page 312
/1-351 RESOLVED, that the form of advertisement prepared by
Hubbell, Roth & Clark, Inc , consulting engineers, for the con-
struction of sewers and pumping station authorized under Ordinance
No 26, which form has been identified by the signature of the
City Clerk, be and hereby is approved and the City Clerk is hereby
authorized and directed to cause said advertisement to be pub-
lished in the Michigan Contractors and Builders on February 10,
and February 17, 1951, and in the Livonian on February 9, and
February 16, 1951
The foregoing motion was seconded by Councilman Whitehead and a roll call vote
was taken with the following result:
YEAS: Grimm, Jahn, Carey, Edgar, Taylor, Whitehead
and Wolfe.
NAYS: None
The President declared the foregoing resolution was adopted:
Mr Nunneley presented a proposed resolution as to Notice of Sale
of bonds. Councilman Whitehead made a motion that said resolution be adopted
as follows
A4 352- WHEREAS by Ordinance No 26 adopted by the City Council on
January 29, 1951, the City of Livonia has authorized the issue of
$700,000 00 Sewage Disposal System No. I Revenue Bonds, Series I,
dated March 1, 1951.
IT IS HEREBY RESOLVED that the City Clerk cause notice of
sale of said bonds to be published in the Michigan Investor as soon
as the form of said notice is approved by the ".unicipal Finance
Commission, setting the date of sale for a regular or special meeting
of the City Council occurring more than fourteen (14) days after
such publication
RESOLVED, FURTHER, that said notice be in substantially
the following form, subject to any changes which may be required by
the Municipal Finance Commission-
NOTICE OF SALE
$700,000 00
CITY OF LIVONIA, MICHIGAN
SEWAGE DISPOSAL SYSTEM NO.I REVENUE BONDS
SERIES I
Page 313
SEALED BIDS for the purchase of Sewage Disposal System No I
Revenue Bonds, Series I, of the City of Livonia, Wayne County, Michigan,
110 of the par value of $700,000 00, will be received by the undersigned at his
office in the City of Livonia, Michigan, until the day of
, 1951, at o'clock m , Eastern Standard Time, at
which time and place they will-7-Publicly opened and read.
The bonds will be dated as of March 1, 1951, and shall mature
serially as follows
$15,000 March 1st of each of the years 1953 and 1954;
$30,000 March 1st of each of the years 1955 to 1958, inclusive;
$10,000 March 1st of each of the years 1959 and 1960;
$35,000 March 1st of each of the years 1961 to 1964, inclusive;
$30,000 March 1st of each of the years 1965 and 1966,
$25,000 March 1st of each of the years 1967 and 1968,
$20,000 March 1st of each of the years 1969 to 1973, inclusive,
$15,000 March 1st of each of the years 1974 to 1981, inclusive;
Said bonds shall be coupon bonds, registerable as to principal
only, of the denomination of $1,000 each, numbered consecutively in direct
order of maturity from 1 to 700, inclusive, and shall bear interest from their
date at a rate or rates not exceeding four per cent (4%) per annum,
expressed in multiples of 1/4 of 1%, and said interest shall be payable on
September 1, 1951, and semi-annually thereafter on March 1st and September
1st of each year, both principal and interest being payable at DETROIT TRUST
COMPANY, Detroit, Michigan. Accrued interest to the date of delivery of
said bonds must be paid by the purchaser at the time of delivery The
interest rate for each coupon period on any one bond shall be at one rate only.
Bonds of this issue may be called for redemption as a whole, at
the option of the City, on any interest payment date on or after September 1,
1953.
Bonds numbered 581 to 700, inclusive, maturing in the years
1974 to 1981, inclusive, shall be subject to redemption prior to maturity,
at the option of the City, in inverse numerical order, on any interest payment
date on or after September 1, 1965.
The redemption price of all bonds called for redemption prior to
maturity, whether as a whole or in part, shall be par and accrued interest
to the date fixed for redemption, plus a premium as follows :
$L0 00 on each bond called for redemption prior to March 1, 1965.
$20 00 on each bond called for redemption on ar after March 1, 1965,
but prior to March 1, 1971
$10.00 on each bond called for redemption on or after March 1, 1971,
but prior to March 1, 1977
No premium will be paid on bonds called for redemption on or after
March 1, 1977
Notice of redemption shall be given thirty (30) days in advance of the
redemption date by publication in a financial paper published in the State
of Michigan, and in case of registered bonds, thirty (30) 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
Page 3114
No proposal for the purchase of less than all of the bonds, nor
for less than their par value will be considered
Said bonds are to be issued under Act 914, Public Acts of Michigan,
1933, as amended, for the purpose of paying the cost of acquiring and
constructing sanitary sewers as a part of Sewage Disposal System No I of
the City of Livonia Said bonds are not general obligations of the City but
are payable solely from the revenues of said System, and are a first and prior
lien on all such revenues, subject only to payment of expenses of administration,
operation and maintenance.
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 interest on the bonds from (Here insert the
first day of the month next following the date of receiving bids or the date
of the bonds, whichever is later) 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 interest cost to the City of Livonia
A certified or cashier's check in the amount of $14,000 drawn upon
an incorporated bank or t rust company and payable to the order of the Treasurer
of the City of Livonia 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 unsuccessful bidders
mill be promptly returned to each bidder's representative or by registered mail.
Bids shall be conditioned upon the unqualified opinion of Miller,
Canfield, Paddock and Stone, attorneys of Detroit, Michigan, which opinion
will be furnished without expense to the purchaser of the bonds prior to the
delivery thereof, approving their legality. The City shall furnish bonds
ready for execution at its expense Bonds will be delivered at the City of
Detroit, or at such other place as may be agreed upon with the purchaser.
The right is reserved to reject any and all bids
Envelopes containing the bids should be plainly marked "Proposal
for Bonds "
City Clerk
Dated
The foregoing motion was seconded by Councilman Carey and a roll call vote
was taken with the following result:
YEAS. Grimm, Jahn, Carey, Edgar, Taylor, Whitehead
and Wolfe
NAYS: None
The President declared the foregoing resolution was adopted
Page 315
The Council received the recommendation of the City Planning Commission
and the City Engineer that the proposed plat of Rosedale Gardens #10 Subdivision
be tentatively approved Councilman Whitehead made a motion that the following
resolution be adopted
4'3,53 RESOLVED, that the proposed plat of Rosedale Gardens
#10 Subdivision, as submitted to the Council and identified by
the signature of the City Clerk, be and hereby is tentatively
approved on the condition that final approval shall not be made
until the plat is submitted according to law and until all pro-
per improvements are completed, including construction of roads
and sewers, or adequate bond in lieu thereof furnished; that all
improvements shall be subject to the approval of the City Engineer;
and that the plans of such improvements as submitted with such
proposed plat are hereby approved
The foregoing resolution was seconded by Councilman Grimm and a roll call
vote was taken with the following result.
YEAS- Grimm, Jahn, Carey, Edgar, Taylor, Whitehead
and Wolfe
NAYS: None
The President declared the foregoing resolution was adopted:
Pursuant to the instructions of the Council issued on January 22,
1951, the City Attorney presented a proposed ordinance amending the zoning
ordinance. Councilman Grimm introduced said ordinance as follows:
NO .2.4P
AN ORDINANCE TO AMEND PORTIONS OF SECTIONS 23, 25,
27, 33 and 3L OF THE ZONING MAP OF THE CITY OF
LIVONIA OF ORDINANCE NO 7 ENTITLED- "AN ORDINANCE
TO ESTABLISH DISTRICTS IN THE CITY OF LIVONIA; TO
REGULATE TIE USE OF LAND AND STRUCTURES THEREIN, TO
REGULATE AND LIMIT THE HIEGHT, THE AREA, THE BULK AND
LOCATION OF BUILDINGS, TO REGULATE AND RESTRICT THE
LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF
BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND
DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN
SPACES, TO REGULATE THE DENSITY OF POPULATION; TO
PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS
ORDINANCE; TO PROVIDE FOR A BOARD OF APPEALS AND ITS
POKERS AND DUTIES; TO PROVIDE A PENALTY FOR THE VIO-
LATION OF THE TERMS THEREOF, AND TO ADOPT THE ZONING
ORDINANCE OF THE T( NSItP OF LIVONIA, AMENDMENTS
THERETO AND ZONING MAP", AND SECTION 3(A) OF SAID
ORDINANCE NO 7.
Page 316
THE CITY OF LIVONIA ORDAINS :
Section 1 The following definitions are hereby adopted:
(a) Zoning Ordinance, as hereinafter used in this ordinance,
is defined as Ordinance No 7 of the City of Livonia entitled• "An
Ordinance to Establish Districts in the City of Livonia, to Regulate
the Use of Land and Structures Therein; to Regulate and Limit the
Height, the Area, the Bulk and Location of Buildings, to Regulate
and Restrict the Location of Trades and Industries and the Location
of BuildingsEesigned for Specific Uses, to Regulate and Determine
the Area of Yards, Courts and Other Open Spaces; to Regulate the
Density of Population; to Provide for the Administration and
Enforcement of this Ordinance, to Provide for a Board of Appeals,
and its Powers and Duties; to Provide a Penalty for the Violation
of the Terms Thereof; and to Adopt the Zoning Ordinance of the Township
of Livonia, Amendments Thereto and Zoning Map", as amended.
(b) The term Zoning Map, as used in this ordinance, is here-
by defined to mean the Zoning Map adopted in Section 3 of said
Zoning Ordinance
(c) The term Petition or Petitions, as used in this ordinance,
is defined to mean petitions to amend said Zoning Ordinance filed
with the Council and referred to the City Planning Commission for
report and recommendations.
Section 2 The report and recommendations of the City Planning Commission
on Petitions Numbered 16, 17, 19, 20 and 22 to amend said Zoning Ordinance is
hereby accepted and adopted.
Section 3 Portions of Sections 23, 25, 27, 33 and 34 of the Zoning
Map of the City-of Livonia of said Zoning Ordinance, as amended, and Section 3(A)
of said Zoning Ordinance, are hereby amended as follows
(a) Petition #16 is granted and the zoning classification
of the premises described therein is hereby changed to M-1, on the
condition, however, that the owners of said premises shall observe and
maintain a building line set back of at least 60 feet from the center
line of both Plymouth and Middlebelt Roads
(b) Petition #17 is granted and the zoning classification
of the premises described therein is changed to R-1-B.
(c) Petition #19 is hereby granted and the zoning classification
of the premises described therein is changed to M-1, on the condition,
however, that the owners of said premises shall observe and maintain
a building line set back of at least 60 feet frau the center line of
Plymouth Road
(d) Petition #20 is hereby granted and the zoning
classification of the premises described therein, to a depth of
425 feet from the center line of Plymouth Road, is changed to C-2,
on the condition, however, that the owners of said premises shall
observe and maintain a building line set back of at least 60 feet
from the center line of Plymouth Road, at least 40 feet from the
center line of Stark Road and at least 75 feet from the center line
of Farmington Road
Page 317
(e) Petition #22 is hereby granted and the zoning
classification of the premises therein described is changed to
C-2, onthe condition, however, that the owners of said premises
shall observe and maintain a building line set back of at least
60 feet from the center line of Plymouth Road and at least 75 feet
from the center line of Farmington Road
(f) The classification and district changes made by
granting Petitions Numbered 16, 17, 19, 20 and 22, to the extent
above indicated, are hereby included in Section 3(A) of said
Zoning Ordinance, as amended
(g) Those portions of Section 23, 25, 27, 33 and 3L of
said Zoning Map, which include premises described in said Petitions
Numbered 16, 17, 19, 20 and 22, are hereby amended to conform to
the changes made in the foregoing paragraphs (a), (b), (c), (d)
and (e) of this Section; and the attached amended Zoning Map No 4
showing such changes and amendments, is hereby approved and made
a part hereof
Section 4. All proceedings on said petitions Numbered 16, 17, 19, 20
and 22 are hereby approved, a public hearing thereon having been duly held
as provided by law and proper notice of such hearing, including full description
of the premises described in said petition, having been duly published.
Section 5 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 6 Should arty portion of this ordinance be held invalid for
any reason, such hading shall not be construed as affecting the validity of
any of the remaining portion of this ordinance.
The foregoing ordinance was placed on the table for final voting at the next
regular meeting of the Council.
The City Attorney, William Brashear, made a report on rent control.
Councilman Taylor, chairman of the Committee of Garbage Disposal,
submitted a report which was read by the clerk On motion of Councilman Edgar,
seconded by Councilman Whitehead and unanimously carried by the affirmative vote
of all of the Councilmen named as present in the roll call of this meeting, it
was :
/J, 3S171 RESOLVED, that the report of the Committee on Garbage
Disposal be and hereby is accepted and the City Attorney is hereby
instructed to prepare an ordinance in accordance with the recommendations
contained in such report
Page 318
Councilman Edgar, Chairman of Insurance Committee, made a report
on distribution of commissions On motion of Councilman Jahn, seconded by
Councilman Carey and unanimously carried by the affirmative vote of all of
the Councilmen named as present in the roll call of this meeting, it was .
,35-5- RESOLVED, that the report of the Insurance Committee
be and hereby is accepted and placed on file
The report of City Engineer Hamill and Lester French, Director of
Public Works, as to paving of parking lot on school grounds, was read and on
motion of Councilman Whitehead, seconded by Councilman Grimm and unanimously
carried by the affirmative vote of all of the Councilmen named as present in
the roll call of this meeting, it was •
-3 SG RESOLVED, that the said report of the City Engineer and the
Director of Public Works is accepted and placed on file
On motion of Councilman Taylor, seconded by Councilman Jahn
and unanimously carried, the meeting was adjourned at 11.22 P M., January 29,
1951.
ar , y er
Attested.
14),
S Mlle, President /