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HomeMy WebLinkAboutCOUNCIL MINUTES 1951-03-19 Page 361 MINUTES OF THE THIRTY-FOURTH REGULAR kTETING OF TIE COUNCIL OT? THE CITY OF LIVONIA On March 19, 1951, above meeting was held at 33110 Five Emile Road, Livonia, Michigan, and was called to order at approximately 8:10 P I by the President Roll was called with the following result Present-- Harry S Wolfe, Wilson 177 Edgar, Nettie Carey, William Taylor and John Whitehead Absent--Raymond E Grimm and Harvey Jahn The minutes of the thirty-third regular meeting of the Council, held March 12, 1951, were read and approved Mayor Jesse Ziegler, on behalf of the City of Livonia and at the request of the Council, presented plaques bearing the bronze seal of the City of Livonia to the following members of the Charter Commission in recognition of their services in ureparing the Charter Carl J Wagenschutz, Daniel IcKi nney, Leo 0 Nye, Rudolf R Kleinert and Fred C Weinert The Mayor also presented, on behalf of the City, the same plaques to James L Hagen, Director of Public Safety and Lester French, Director of Public :Yorks as a token of appreciation of their services to the City A ten minute recess was called following which the meeting was resumed with all members present who were present when roll was called Councilman Jahn entered the meeting at this point and participated throughout the meeting Communications from the Mayor were read as follows (a) Pursuant to Section 2 12 of the Traffic Ordinance, the Mayor has appointed the following persons as members of the Traffic Commission, to hold office at the pleasure of the Mayor and until their respective successors have been duly appointed and qualified Louis Schmidt, James Hagen, Mrs F Karl Dubpernell, Jack Burgess, Paul E Nixon, C Donald Ryder, George V Miller, Lowell Jacobs and Rupert Otto In addition to the above members, the Traffic Commission automatically includes under the Ordinance the following members : Herald Hamill, City Engineer, George Harmon, Chief of Police; Harvey Jahn, Chair- man of Council Traffic Committee and William Brashear, City Attorney rage 3bL (b) The Miayor has appointed an Advisory Committee of citizens to be known as the Mayor's Committee consisting of the following persons . Fred C lfeinert, Elmore H McNiece, Harry Cline, Karl Heinzman, G McDonald Jones, Rev John E Contway, Rudolph R Kleinert, Thomas Meehan, Goff C Jenkins, Paul Harsha, Beverly Poole, Thomas O'Connor, William White, Doris M. Bachman, Mrs Donovan Hoyt, Dr. Loris M Hotchkiss, Fred Daum and Ralph Ash Copies of letters from the Mayor appointing the Members of the Traffic Commission and the Mayor's Committee werereceived and placed on file Communication from Dallas Hay, Director of Civil Defense, dated March 19, 1951, was received and placed on file By Councilman Jahn, seconded by Councilman Taylor and unanimously adapted as follows, it was : f) 39.3.7-& RESOLVED, that a Civil Defense Committee consisting of three members be appointed by the President The President thereupon appointed to such committee, Harvey Jahn, Nettie Carey and William Taylor. By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted as follows, it was : 19-1191 RESOLVED, pursuant to communication from the Director of Civil Defense dated March 10, 1951, the members of the Council will do everything within their power to comply with the request of the Director of Civil Defense as set forth in such communication Mr. Lahs of 9195 Deering Street spoke to the Council concerning road conditions and this matter was referred to the Department of Public Works. Chairman Edgar of the Insurance Committee submitted a report concerning insurance on voting machines By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was : A-3 yS RESOLVED, that the Insurance Committee be and hereby is authorized to place insurance on the seven voting machines of the City of Livonia pursuant to communication of William Wood dated March 19, 1951, for a period of three years at a total premium charge of $171 01, and that the City Treasurer be and hereby is directed to pay the amount of said premium upon receipt of such insurance policy. r. ae:e a O) The result of the roll call vote on the foregoing resolution was as follows : '0 AYES: Edgar, Whitehead, Jahn, Carey, Taylor & Wolfe NAYS None Report of the special committee on fixing compensation for the Director of Public Works was submitted by Taylor, chairman and members, Whitehead and Jahn, the date of such report being March 19, 1957, and said report was received and placed on file By Councilman Carey, seconded by Councilman Edgar and unanimously adopted as follows, it was . it-396 RESOLVED, that the Director of Public Works be requested to attend the next meeting of the Committee of the Whole By Councilman Whitehead, seconded by Councilman Taylor and unanimously adopted as follows, it was: , '- 397 RESOLVED, that Councilman Jahn is hereby authorized to obtain on behalf of the City a Coca-Cola machine to be placed in the City Hall to be operated at no charge to the City, provided, that all profits from the operation of said machine shall be donated to the Good Fellows By Councilman Jahn, seconded by Councilman Carey and unanimously adopted as follows, it was. ,57- 3?J' RESOLVED, that the bill submitted from Thomas Sinacola in the amount of $4207 00 for work done on the Municipal Garage on Farmington Road, said bill having been duly approved by Herald Hamill, City Engineer, is hereby approved, and the City Treasurer is directed to pay the same The result of the roll call vote on the foregoing resolution was as fol-lows AYES: Edgar, Whitehead, Jahn, Carey, Taylor and Wolfe NAYS. None By Councilman Jahn, seconded by Councilman Edgar and unanimously adopted as follows, it was : 25' 9 RESOLVED, that the application of Michigan Bell Telephone Company dated March 14, 1951, to place one 30 foot pole on the West side of Stamford , 21 feet from center line of road, as indicated in sketch attached to job order no 0-116, revision #1, is hereby approved rtxc 'caw Copy of letter from Dallas Hay, Director of Civil Defense addressed Ls:-{ to State Director of Civil Defense under date of March 13, 1951, was received and placed on file. By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted as follows, it was : 9 y00 RESOLVED, that the proposed final plat of B E Taylor's Schoolcraft Manor #2, which has been tentatively approved by the Council and by the City Engineer, be and hereby is referred to the City Planning Commission for its report and recommendations thereon Councilman Edgar introduced the following Ordinance • NO '/ AN ORDINANCE TO PROVIDE FCR THE MAKING OF PUBLIC IMPROVEMENTS, WFRAYING THE EXPENSE THEREOF BY SPECIAL ASSESSMENT AND A SPECIAL ASSESSMENT PROCEDURE THE CITY OF LIVONIA ORDAINS: Section 1 The term "improvementIt as used in this ordinance shall mean any public improvement, any part of the cost of which is to be assessed against one or more lots or parcels of land to be especially benefited thereby, in proporation to the benefit to the derived therefrom Section 2 The term "cost" as used in this ordinance, when referring to the cost of any improvement, shall include the cost of surveys, plans, right- ofway, spreading of rolls, notices, advertising, financing and construction and all other costs incident to the making of such improvement, the special assessments therefor and the financing thereof. Section 3 The term "engineer" as used in this ordinance shall mean the Engineer of the City of Livonia Secticai 4 The Council shall have power to determine by resolution that the whole or any part of the cost or expense of any improvement shall be defrayed by special assessments upon the property especially benefited, in proportion to the benefits derived m to be derived Section 5 The Council, In order to ascertain whether or not a reasonable number of property owners to be assessed desire any particular improvement to be made, may request and receive a petition therefor, or may receive such a petition voluntarily presented; but in either event, such petition shall be advisory only and shall not be jurisdictional. gage jb5 Section 6 Before determining to make any improvement, any part of the cost of which is to be defrayed by special assessment, the Council shall require the Engineer to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, k the number of parcels owned by public authorities, the number of parcels which are vacant and to prepare, or cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to .file the same with the City Clerk, together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district Section 7 After such filing, a public hearing shall be held before the Council, which hearing shall be held not less than ten (10) days after notice of the time and place thereof has been published and sent by the City Clerk by first class mail to all property owners in the proposed district as shown by the current assessment roll of the City Section 8 At the time and place specified in such notice far the public hearing, the Council shall meet and hear any person to be affected by the proposed public improvement The hearing may be adjourned from time to time by the Council. Section 9 After said public hearing, the Council may, by resolution, determine to make the improvement and to defray the whole or any part of the cost of the improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be drived By such resolution the Council shall approve the plans and specifications for the improvement; determine the estimated cost thereof; determine what proportion of such cost shall be paid by special assessment upon the property especially benefited and what part, if any, shall be a general obligation of the City; determine the number of installments in which assessments may be paid; deter- mine the rate of interest to be charged On installments, not to exceed six per cent (6%) per annum, designate the district or land and premises upon which special assessments shall be levied, and direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination Section 10 The City Assessor shall thereupon prepare a special assessment roll including all lots and parcels of land within the special assessment district designated by the Council, and shall assess to each such lot or parcel of land, such relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to such lot or parcel of land bears to the total benefits to all lands in such district There shall also be entered upon such roll the amount which has been assessed to the City at large Section 11 '7hen the City Assessor shall have completed such assessment roll, he shall attach thereto, or endorse thereon, his certificate to the effect that said roll has been made by him pursuant to a resolution of the Council adopted on a given date and that in making the assessments therein he has, as near as may be, according to his best judgment, conformed in all respects to the directions contained in such resolution, and to the City charter and the provisions of this ordinance Thereupon he shall file said special assessment roll with the City Clerk who shall present the same to the Council 1-0.6a )uu Section 12 Upon receipt of such special assessment roll the Council shall order it filed in the office of the City Clerk for public examination, shall fix the time and place when it will meet and review such roll; which meeting shall be held not less than the (10) days after notice thereof has been sent by the City Clerk by first class mail to all property owners in the proposed district as shown by the current assessment roll of the City Such notice shall specify the time and place of such meeting The Council may, in its discretion, publish notice of said meeting not less than ten (10) days prior to date of said meeting Section 13 Any person deeming himself aggrieved by the special assessment roll may file his objections thereto in writing with the City Clerk prior to the close of such hearing, which written objections shall specify in what respect he deems himself aggrieved. Section 1L The Council shall meet and review the said special assess- ment roll at the time and place appointed, or at an adjourned date therefor, and shall consider any written objections thereto. The Council may correct said roll as to any assessment or description of any lot or parcel of land, or other errors appearing therein Any changes made in such roll shall be noted in the Council's minutes After such hearing and review the Council may confirm such special assessment roll with such corrections as it may have made, if any, or may refer it back to the City Assessor for revision or may annul it and any proceedings in connection therewith No original special assessment roll shall be finally confirmed except by the affirmative vote of six (6) of the members of the Council if prior to such confirmation written objections to the proposed improvement have been filed by the owners of property which will be required to bear more than fifty per cent (50%) of the amount of such special assessment The City Clerk shaJ1 endorse the date of confirmation upon each special assessment roll Section 15 Such roll shall, upon confirmation, be final and con- clusive. Section 16 All special assessments contained in any special assess- ment roll, including any part thereof deferred as to payment, shall, from the date of confirmation of such roll, constitute a lien upon the respective lots or parcels of land assessed and until paid shall be a charge against the .respective owners of the several lots and parcels of land and a debt to the City from the perscns to whom they are assessed Such lien shall be of the same character and effect as the lien created by the City charter for City taxes and shall include accrued interest and penalties No judgment or decree, nor any act of the Council vacating a special assessment, shall destroy or impair the lien of the City upon the premises assessed for such amount of the assess- ment as may be equitably charged against the same, or as by a regular mode of proceeding might be lawfully assessed thereon All special assessments shall become due upon confirmation of the special assessment roll or in annual install- ments not to exceed fifteen (15) in number as the Council may determine at the time of confirmation and if in annual installments, the Council shad determine the first installment to be due upon confirmation or on the following December 1st and subsequent installments on December 1st of succeeding years. Section 17 The assessment roll shall be transmitted by the City Clerk to the Treasurer for collection immediately after its confirmation The Treasurer shall give notice by one publication in the official newspaper or any newspaper of general circulation within the City that said special assessment roll (identifying it) has been filed in his office and specifying when and where payments may be made thereon He may mail statements of the several assessments to the respective aec > )( owners, as indicated by the records of the Assessor, of the several lots and parcels of land assessed, stating the amount of the assessment and the manner in which it may be paid; provided, however, that failure to mail any such statement 1 ' shall not invalidate the assessment or entitle the owner to an extension of time I< > within which to pay the assessment Section 18 The whole or any part of any such assessment may be paid during the period of sixty (60) days from the date of confirmation of the special assessment roll without interest or penalty Not later than fifteen (15) days after the end of said 60-day period the Treasurer shall transmit such roll to the Assessor with all payments upon assessments noted thereon The Assessor sha]l then divide any remaining balance of each assessment into such number of equal installments as shall have been fixed by the Council; provided, that if such division operates to make any installment less than ten dollars ($10.00), then the Assessor shall reduce the number of installments so that each installment shall be above and as near to ten dollars ($10 00) as possible Section 19 The first installment shall be spread upon the next City tax roll in a column headed "Special Assessments", together with interest upon all unpaid installments from the date of the confirmation of the roll to the 1st day of December of the year in which such tax roll is made• provided, that any fraction of a month shall be considered as a full month Thereafter one installment shall be spread upon each annual tax roll, together with one year's interest upon all unpaid installments; provided, that when any annual install- ment shall have been prepaid as hereinafter provided, then there shall be spread upon the tax roll for such year only the interest upon all unpaid installments Section 20 After each installment has been placed on the tax rolls, !: . .1 the same shall be collected by the Treasurer with the same rights and remedies, and the same penalties and interest, as provided in the charter for the collection of taxes On the 1st day of the 3rd month following due date, the Treasurer shall add to all assessments or installments paid on the 1st day of the 3rd month and thereafter a collection fee of one per cent (1%) of the amount of the assessment, and on the 1st day of each succeeding month he shall add an additional one-half (1/2) of one per cent (1%) as a collection fee All collection fees shall belong to the City and be collectable in the same manner as the collection fee on City taxes Section 21 After the expiration of the 60-day period provided for in Section 18 of this ordinance, any installment which has not been spread upon the tax rolls may be discharged by paying the face amount thereof plus interest thereon to date of payment Any person desiring to pay such installment in advance shall first secure the proper statement from the Assessor to permit the Treasurer to compute the amount to be paid The Treasurer shall report to the Assessor all advance payments on installments so that the Assessor shall have such information before spreading installments on the next City tax roll Section 22 Upon completion of the improvement and the payment of the cost thereof, the City Engineer shall certify to the Council the total cost of said improvement, together with the amount of the original roll for said improvement Page 368 Section 23. Should the assessments in any special assessment roll, r--rj including the amount assessed to the City at large, prove insufficient for any 1 ',I reason to pay the cost of the improvement for which they were made, then the Council shall make additional assessments against the City and the several lots and parcels of land, in the same ratio as the original assessments, to supply the deficiency, but the total amount assessed against any lot or parcel of land shall not exceed the value of the benefits received from the improvement, pro- vided that the additional pro rata assessment shall not exceed twenty-five per cent (25%) of the assessment as originally confirmed unless a meeting of the Council be held to review such additional assessment, for which meeting notices shall be mailed as provided in the case of review of the original special assessment roll. Section 24 The excess by which any special assessment proves larger than the actual cost of the improvement and expenses incidental thereto may be placed in the general fund of the City if such excess is five per cent (5%) or less of the assessment, but should the assessment prove larger than necessary by more than five per cent (5%) the entire excess s hall be refunded on a pro rata basis to the owners of the property assessed Such refund shall be made by credit against future unpaid installments in the inverse order in which they are payable to the extent such installments then exist and the balance of such refund shall be in cash No refunds may be made which contravene the provisions of any out- standing evidence of indebtedness secured in whole or part by such special assess- ment Section 25 Whenever any special assessment shall, in the opinion of the Council, be invalid by reason of irregularity or informality in the proceed- 1 ings, or if any court of competent jurisdiction shall adjudge such assessment to . be illegal, the Council shall, whether the improvement has been made or not, or whether any part of the assessment has been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment; and whenever the assessment, or any part thereof, levied upon any premises has been so set aside, if the same has been paid and not refunded, the payment so made shall be applied upon the reassessment and the reassessment shall to that extent be deemed safisfied Section 26. In addition to any other remedies and without impairing the lien therefor, any delinquent special assessment, together with interest and penalties, may be collected in an action in assumpsit in the name of the City against the person assessed, in any Court having jurisdiction of the amount If in any such action it shall appear that by reason of any irregularities or infor- malities the assessment has not been properly made against the defendant or upon the premises sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred by the City which is a proper charge against the defendant or the premises in question, render judgmentfor the amount properly chargeable against such defendant or upon such premises Section 27 No special assessment district shall be created by the Council for any one public improvement which includes property having an area in excess of twenty-five per cent (25%) of the total area of the City No public improvement project shall be chvided geographically for the purpose of circum- venting this provision II Section 28 The owner or owners of record of any lot or premises may at any tine execute in writing 'Waiver of notice and proceedings" and file the same with the Council waiving any or all notice of hearing and other proceedings rl required 'hereunder and authorize the Council to make such special assessment as „===� the Council may determine against said owners aid their property without further notice The Council may thereupon by resolution authorize the improvement Any special assessment, so made shall upon confirmation of the assessment by the Council be considered the same as any other special assessmentformally made hereunder notwithstanding. the omission of any notice of proceeding so waived Section 29 No public improvement to be financed in whole or in part by special assessment shall be made before the confirmation of the special assess- ment roll for such improvement. Section 30• Pursuant to the Statutes of the State of Michigan and Section 8, 9 and 10, Chapter VII of the Charter, the Council may provide for the issuance of sufficient bonds to pay the estimated cost of any improvement authorized under the provisions of this ordinance Such bonds may be registered and may be made callable at any time, in whole or in part, as the Council may determine at the time the issuance of such bonds is authorized Section 31 All ordinances or parts of ordinances in conflict here- with are hereby repealed only to the extent necessary to give this ordinance full force and effect Section 32. Should any portion of this ordinance be held invalid for any reason, such hipading 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 consideration at the next regular meeting of the Council By Councilman Whitehead, seconded by Councilman Jahn and unanimously adopted as follows, it was /9-.1/0/ RESOLVED, that the written request of Councilman Taylor dated larch 19, 1951, for leave of absence for a period of three weeks on account of ill health, be and hereby is granted Councilman Edgar made a statement as to the advisability as to setting up a Legislative Fund and this matter -was thoroughly discussed By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was • 5/0,2. RESOLVED, that a Legislative Fund in the amount of $2500 00 is hereby created, the same to be charged against the contingency fund and to be used, as the Council may frac time to time direct in repre- senting, protecting and advancing the interest of the City on allmatters before Michigan Legislature or any other Legislative body, pertaining to the City of Livonia Page 370 The result of the roll call vote on the foregoing resolution was as follows AYES: Edgar, Whitehead, Jahn, Carey, Taylor and Wolfe ''-`fi NAYS None On motion of Councilman Jahn, seconded by Councilman Whitehead and unanimously passed, the meeting was adjourned at 10.12 P Li , March 19, 1951 /.'/ ,- - _ .1- lei. Clark, City Clerk Atteste. : / . J. flail H ry S Wo ii- , President / nj .i Page 361 .,IINU'TES OF THE THIRTY-FOURTTT REGULAR LEL TING OF THE COUNCIL 07 THE CITY OF LIVONIA On r.:arch 19, 1951, above meeting was held at 33110 Five Mile Road, Livonia, Michigan,gan, and was called to order at approximately 8 :10 P L by the President Roll was called with the following result Present-- Harry S Wolfe, Wilson WW Edgar, Nettie Carey, William Taylor and John Whitehead- Absent--Raymond E Grimy: and Harvey Jahn The minutes of the thirty-third regular meeting of the Council, held March 12, 1951, were read and approved Mayor Jesse Ziegler on behalf of the City of Li.von..a and at the request of the Council, presented plaques bearing the bronze seal of the City of Livonia to the following members of the Charter Commission in recognition of their services in preparing the Charter: Carl J Wagenschutz, Daniel .acKinney, Leo C Nye, ?udolf R Kleinert and Fred C Weinert The Mayor also presented, on behalf of the City, the same plaques to James L Hagen, Director of Public Safety and Lester French, Director of Public 'dorks as a token of appreciation of their services to the City A ten minute recess was called following which the meeting was resumed with all members present who were present when roll was called Councilman Jahn entered the meeting at this point and participated throughout the meeting Communications from the Layor were read as follows : (a) Pursuant to Section 2 12 of the Traffic Ordinance, the Mayor has appointed the following persons as members of the Traffic Commission, to hold office at the pleasure of the Mayor and until their respective successors haie been duly appointed and qualified. Louis Schmidt, James Hagen, 1-s F Karl Dubpernell, Jack Burgess, Paul E Nixon, C- Donald Ryder, George ' Miller, Lowell Jacobs and Rupert Otto In addition to the above members, the "'raffic Commission automatically includes under the Ordinance the following members : Herald Iiamill, City Engineer; George Harmon, Chief of Police; Harvey Jahn, Chair- man of Council Traffic Committee and William Brashear, City Attorney Page 362 (b) The Mayor has appointed an Advisory Committee of citizens to be known as the mayor's Committee consisting of the following persons . Fred C Weinert, Elmore h .icNi ece, Harr3 Cline, Karl Heinzman, G. Y.cDonald Jones, Rev John E Contway, Rudolph R Kleinert, Thomas Meehan, Goff C Jenkins, Paul Marsha, Beverly Poole, Thomas O' Connor, William White, Doris M. 3achman, : rs Donovan Hovt, Dr Loris Li Hotchkiss, Fred Daum and Ralph Ash Copies of letters from the 3ayor appointing the embers of the ` r 'fic Commission and the mayor's Com:u..ttee inhere received and placed on file Communication from Dallas hay, Director of Civil Defense, dated March 19, 1951, WAS received and placed on file. By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was R 393-6, RLSCLVLD, that a Civil De"ense Committee consisting of three members be appointed b3 the President The President thereupon appointed to such committee, Harvey Jahn, Nettie Carey III and William Taylor By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted as follows, it was . '7-39 ' PESOLVED, pursuant to communication from the Director of Civil Defense dated _:arch 10, 1951, the members of the Council will do everything within their power to comply with the request of the Director of Ciiil Defense as set forth in such communication `.r Lahs of Q195 Deering Street spoke to the Council concerning road conditions and this matter was referred to the Department of Public Works Chairman Edgar of the Insurance Committee submitted a report concerning insurance on voting machines By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was . i9 393- RESOLVED, that the Insurance Committee be and hereby is authorized to place insurance on the seven voting machines of the City of Livonia pursuant to con unication of William Wood dated III :.arch 19, 1951, for a period of three years at a total premium charge of $171 01; and that the City 'treasurer be and hereby is directed to pay the amount of said premium upon receipt of such insurance policy Pape 363 The result of the roll call vote on the foregoing resolution_ was as follows . AYES: Edrar, Whitehead, Jahn, Carey, Taylor & .iolfe. NAYS. None Report of the special committee on fixing compensation for the Director of Public V.rorks was submitted by Taylor, chairman and members, Whitehead and Jahn, the date of such report being, March 19, 1951, and said report was received and placed on file By Councilman Carey, seconded by Councilman Edgar and unanimously adopted as follows, it was . F1--394, RESOLVED, that the Director of r ubL.c storks be requested to attend the next meeting of the Committee of the ',dole s' ► Councilman Whitehead, seconded by Councilman Taylor and unanimously adopted as follows, it was . F1 397 RESOLVED, that Councilman Jahn is hereby authorized to obtain on behalf of the City a Coca-Cola machine to be placed in the City Mall to be operated at no charge to the City; provided, that all profits from the operation of said machine shall be donated to the Good Fellows By Councilman Jahn, seconded by Councilman Carey and unanimously adopted as follows, at was .�- 39J 'RESOLVED, that the bill submitted from Thomas Sinacola in the amount of :;4207 00 for work done on the Municipal Garage on Farmington Road, said bill having been duly approved by Herald rami ll, City Engineer, is hereby approved, and the City Treasurer is directed to pay the same The result of the roil call vote on the foregoing resolution was as follows AYES. Edgar, Whitehead, Jahn, Carey, Taylor and ►�olfe NAYS• None By Councilman Jahn, seconded by Councilman Edgar and unanimously adopted as follows, it was . 47 399 RESOLVED, that the applicat on of Michigan Bell Telephone Company dated Llarch 1)4, 1951, to place one 30 foot pole on the West side of Stamford , 21 feet from center line of road, as indicated in sketch attached to job order no. 0-116, revision #1, is hereby approved. Page 384 Copy of letter from Dallas ,ay, Director of Civil Defense addressed to State Director of Civil Defense under date of March 13, 1951, was received and placed on file BS Councilman Edgar, seconded by Councilman Taylor and unanimously adopted as follows, it was : '9 .171.00 RESOLVED, that the Proposed Final plat of B E Tay ' Schoolcraft Manor #2, which has been tentatively approved byythe s Ccuncil and by the City Engineer, be and hereby is referred to the City Planning Commission for its report and recommendations thereon Councilman Edgar introduced the following Ordinance N C .moi AN ORDII ANCE TO PDOVIDE "Cts TI-E MAKING OF PUBLIC ILPROVMENTS, DEFRAYING TIE EXPENSE THEREOF BY SPECIAL ASSESSI::ENT AND A SPECIIiL ASSESST+;:EiT PROCEDURE THE CITY OF LIVONIA ORDAINS. Section 1 The term tlimprovement" as used in this ordinance shall mean any public improvement, any part of the cost of which is to be assessed against one or mane lots or Parcels of land to be especially benefited thereby, in proporation to the benefit to the derived therefrom Section 2. The term "cost" as used in this ordinance, when referring to the cost of any improvement, shall include the cost of surve s of way, spread_ng of rolls, notices, advertising, y plans, onght— su and all other costs incident to the making of financingem and construction assessments therefor and the financing therecf ch imbrovent, the special Section 3 The term "engineer" as used .Ln this ordinance shall mean the Engineer of the City of Livonia Section 4 the Council shall have power to determine by resolution that the who e or any part of the cost or expense of any improvement shall be defrayed by special assessne nts upon the property especially bene`'ited, in proportion to the benefits derived or to be derived Section 5 The Council, in order to ascertain whether or not a reasonable n' tuber of property owners to be assessed desire any particular improvement to be made, may request and recei,re a petition therefor, or may receive such a petition voluntarily presented; but in either event, such petition shall be advisory only and shall not be jurisdictional,, Page 365 Section 6 Before determining to make any improvement, ane part of the cost owhichTs to be defrayed b5 special assessment, the Council shall 111 require the Engineer to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant and to prepare, or cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk, together with his recommendation as to what proportion of the cost should be paid by special assessment and what Hart, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included it the proposed special assessment district Section 7 After such filing, a public hearing shall be held before the Council, which hearing shall be held not less than ten 010) days after notice of the time and place thereof has been published and sent by the City Clerk by first class mail to all property owners in the proposed district as shown by the current assessment roll of the City Section 3. At the time and place specified in such notice far the public hearing, the Council shall meet and hear any person to be a'fected by the proposed public improvement The hearing may be adjoined from time to time by the Council Section 9 After said public hearing, the Council may, by resolution, determine to make the improvement and to defray the whole or any part of the cost of the improvement b', special assessment upon the property especially benefited in proportion to the benefits derived or to be drived By such resolution the Council shall approve the plans and specifications for the improvement; determine the estimated cost thereof, determine what proportion of such cost shall be paid by special assessment upon the property especially benefited and what part, if any, shall be a general obligation of the City; determine the number of installments in which assessments may be paid, deter- mine the rate of interest to be charged on installments, not to exceed six per cent (6%) per annum, designate the district or land and premises upon which special assessments shall be levied; and direct the City assessor to prepare a special assessment roll in accordance with the Council's determination. Section 10 The City Assessor shall thereupon prepare a special assessment roll including all lots and parcels of land within the special assessment district designated bi, the Council, and shall assess to each such lot or parcel of land, such relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to such lot or parcel of land bears to the total benefits to all lands in such district There shall also be entered upon such roll the amount which has been assessed to the City at large Section 11 '..hen the City Assessor shall have completed such assessment roll, he shall attacr thereto, or endorse thereor, his certificate to the effect that said roll has been made by him pursuant to a resolution of the Council adopted on a given date and that in making the assessments therein he has, as near as may be, according to his best judgment, conformed in all respects to the directions contained in such resolution, and to the City charter and the provisions of this ordinance Thereupon he shall file said special assessment roll with the City Clerk who shall present the same to the Council Page 366 Section 12 Upon receipt of such special assessment roll the Council shall order it filed in the office of the City Clerk for public examination, 111 shall fix the time and place when it will meet and review such roll, which meeting shall be held not less than the (10) days after notice thereof has been sent by the City Clerk by first class mail to all property owners in the proposed district as shown by the current assessment roll of the City Such notice shall specify the time and place of such meeting The Council may, in its discretion, publish notice of said meeting not less than ten (10) days prior to date of said meeting. Section 13 Any person deeming himself aggrieved by the special assessment roll may file his objections thereto in writing with the City clerk prior to the close of such hearing, which written objections shall specify in what respect he deems himself aggrieved Secticn 11 The Council shall meet and review the said special assess- ment roll at the time and place appointed, or at an adjourned date therefor, and shall consider any written objections thereto The Council may correct said roll as to any assessment or descriptior of any lot or parcel of land, or other errors appearing therein. Any changes made in such roll shall be noted in the Council's minutes. After such hearing and review the Council may confirm such special assessment roll with such corrections as it may have made, if any, or may refer it back to the City Assessor for revision or may annul it and any proceedings in connection there:rith No original special assessment roll shall be finally confirmed except by the affirmative vote of six (6) of the members of the Council if prior to such confirmation written objections to the proposed improvement have been filed by the owners of property wh_ch will be required to bear more than fifty per cent (50%) of the amount of such special assessment The City Clerk shall endorse the date o' confirmation upor each special assessment roll Section l; Such roll shall, upon confirmation, be final and con- clusive. Section 16 All special assessments contained in any special assess- ment roll, including any part thereof deferred as to Payment, shall, from the date of confirmation of such roll, constitute a lien ap n the respective lots or parcels of land assessed and until paid shall be a charge against the respective owners of the several lots and parcels of land and a debt to the City from the persons to whom they are assessed Such lien shall be of the same character and effect as the lien created by the City charter for City taxes and shall include accrued interest and penalties No judgment or decree, nor any act of the Council vacating a special assessment, shall destroy or impair the lien of the City upon the premises assessed for such amount of the assess- ment as may be equitably charged against the same, or as by a regular mode of proceeding might be lawfully assessed thereon All special assessments shall become due upon confirmation of the special assessment roll or in annual install- ments not to exceed fifteen (15) in number as the Council may determine at the time of confirmation and if in annual installments, the Council shall determine the first installment to be due upon confirmat:, on or on the following December 1st and subsequent installments on December 1st of succeeding years 111 Section 17 The assessment roll shall be transmitted by the City Clerk to the Treasurer for collection immediately after its confirmation. The Measurer shall give notice by one publication in uhe official newspaper or any newspaper of general circulation within the City that said special assessment roll (identifying it) has been filed in his office and specifying when and where payments may be made thereon He may mail statements of the several assessments to the respective Page 3A7 owners, as indicated by the records of the Assessor, of the several lots and parcels of land assessed, stating the amount of the assessment and the manner in which it may be paid; provided, however, that failure to nail any such statement shall not invalidate the assessment or entitle the owner to an extension of time within which to pay the assessment Section 18. The whole or any part of any such assessment may be paid during the period of sixty (60) days from the date of confirmation of the special assessment roll without interest or penalty Not later than fi'teen (15) days after the end of said 60-day period the Treasurer shall transmit such roll to the Assessor with all payments upon assessments noted thereon 'he Assessor shall then divide any remaining balance of each assessment into such number of equal installments as shall have been fixed by the Council; provided, that if such division operates to make any installment less than ten dollars (S10 00), then the Assessor shall reduce the number of installments so that each installment shall be above and as near to ten dollars M0 00) as possible. Sect.Lon 19 the first installment shall be spread upon the next City tax roll in a column headed "Special Assessments", together with interest upon all unpaid installments from the date of the confirmation of the roll to the 1st day of December of the year in which such tax roll is made; provided, that any fraction of a month shall be considered as a full month Thereafter one installment shall be spread upon each annual ta_ti roll, together with one year's interest upon all unpaid installments; provided, that when any annual install- ment shall have been prepaid as hereinafter provided, then there shall be spread upon the tax roll for such year only the interest upon all unpaid installments. Section 20 After each installment has been placed on the tax rolls, the same shall be collected by the Treasurer with the same rights and remedies, and the same penalties and interest, as provided in the charter for the collection of taxes On the 1st day of the 3rd month following due date, the Treasurer shall add to all assessments or installments paid on the 1st day of the 3rd month and thereafter a collection fee of one per cent (l5) of the amount of the assessment, and on the 1st day of each succeeding month he shall add an additional one-half (1/2) of one per cent (1%) as a collection fee All collection fees shall belong to the City and be collectable in the same manner as the collection fee on City taxes. Sectior 21 After the expiration of the 60-day period provided for in Section 18 of this ordinance, any installment which has not been spread upon the tax rolls may be discharged by paying the face amount thereof plus interest thereon to date of payment Any person desiring to pay such installment in advance shall first secure the proper statement from the Assessor to permit the Treasurer to compute the amount to be paid. The Treasurer shall report to the Assessor all advance payments on installments so that the Assessor shall have such information before spreading installments on the next City tax roll Section 22 Upon completion of the improvement and the payment of the cost thereof, the City Engineer shall certify to the Council the total cost of said improvement, together with the amount of the original roll for said 111 improvement Page 36g. Section 23 Should the assessments in any special assessment roll, including the amount assessed to the City at large, prove insufficient for any reason to pay the cost of the r.mprovement for which they were made, then the Council shall make additional assessments against the City and the seve.^al lots and parcels of land, in the same ratio as the original assessments, to supply the deficiency, but the total amount assessed against any lot or parcel of land shall not exceed the value of the benefits received from the improvement, pro- vided that the additional pro rata assessment shall not exceed twenty-five per cent (255) of the assessment as originally confirmed unless a meeting of the Council be held to review s ach additional assessment, for which meeting notices shall be mailed as provided in the case of review of the original special assessment roll. Section 24 The excess by w'-ach any special assessment proves lard a than the actual cost of the i...provement and expenses incidental thereto ria;, be placed in the general fund of the City if such excess is five per cent (5 ') or less of the assessment, bat should the assessment prove larger than necessary by more than five per cent (5g) the entire excess shall be refunded on a pro rata basis to the owners of the property assessed Such refund shall be made by credit against future Unpaid installments in the inverse order in which they are payable to the extent such installments then exist and the balance of such refund shall be in cash No re-'unds may be made which contravene the previsions of any out- standing evidence of indebtedness secured in whole or part by such special assess- ment Section 25. Whenever any special assessment shall, in the opinion of the CouncL.., be invalid b3 reason of irregularity or informality in the prcceed- ings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the Council shall, whether the inprovemert has been made or not, or whether any part of the assessment has been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment; and whenever the assessment, or any part thereof, levied upon any premises has been so set aside, if the same has been paid and not refunded, the payment so made shall be applied upon the reassessment and the reassessment shall to that extent be deemed satisfied. Section 26 In addition to any other remedies and without impairing the lien therefor, any delinquent special assessment, together with interest and penalties, may be collected in an action in assumpsit in the name of the City against the person assessed, an any Court having jurisdiction of the amount. If in any such action it shall appear that by reason of any irregularities or infor- malities the assessment has not been properly made against the defendant or upon the premises sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred by the City which is a proper charge against the defendant or the premises in question, render judgmentfor the amount properly chargeable against such defendant or upon such premises Section 27 No special assessment district shall be created by the Council for an one public improvement which includes property having an area in excess of twenty-five per cent (252 ) cf the total area of the City No public improvement project shall be divided geographically for the purpose of circum- venting this provision Page 36q Section 28 The owner or owners of record o' any lot or premises may at any time execute in writing ";`taiver of notice and proceedings" and file the same with the Council waiving any or all notice of hearing and other proceedings required hereunder and authorize the Council to make such special assessment as the Council may determine against said owners a^d their property without further notice The Council may thereupon by resolution authorize the improvement Any special assessment, so made shall upon con irmation of the assessment by the Council be considered the same as any other special assessment formally made hereunder notwithstanding the omission of aro notice of proceeding so waived Section 29 No public improvement to be financed in whole or in part by special assessment shall be made before the confirmation of the special assess- ment roll for such improvement section 30 Pursuant to the Statutes of the State of Michigan and Section 3, 9 and 10, Chapter VII of the Charter, the Council may provide for the issuance of sufficient bonds to pay uhe estimated cost of any improvement authorized under the provisions of this ordinance Such bonds may be registered and may be made callable at any time, in whole or in part, as the Council may determine at the time the issuance of such bonds is authorized Section 31 All ordinances or parts of ordinances in conflict here- z:ith are hereby repealed only to the extent necessar2, to give this ordinance full force and effect Section 32 Should an; 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 portior of this ordinance The foregoing Ordinance was placed or the table or comsideration at the next regular meeting of the Council By Councilman Whitehead, seconded by Councilman Jahn and unanimously adopted as follows, it was : A-1/O/ aLSOLVED, that the written request of Councilman Taylor dated :..arch 19, 1951, for leave of absence for a period o' three weeks on accourt of ill health, be and hereby is granted Councilman Edgar rade a statement as to the advisability as to setting up a Legislative Fund and this matter was thoroughly discussed By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was : 5/0,2 PESOL7ED, that a Legislative Fund in the amount of N250O.00 is hereby created, the same to be charged against the contingency fund and to be used, as the Council may from time to time direct, in .repre- senting, protecting and advancing the interest of the City on all matters before Michigar Legislature or any other Legislative body, pertaining to the City of Livonia Page 370 The result of the roll call vote on 1,he foregoing resolution was as follows : 111 AYES• Edgar, Whi tc he ad, Jahn, Carey, Taylor and 1701 fe. NAYS. None. On motion of Councilman Jahn, seconded by Councilman Whitehead and unanimously passed, the meeting was adjourned at 10.12 P ;;' ;,_arch 19, I95I ie Clark, City Clerk ligo Atteste. • 1i/ ry S ?7o -, President /