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HomeMy WebLinkAboutCOUNCIL MINUTES 1951-05-07 SPECIAL Page 400 MINUTES OF THE SEVENTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA lio On May 7, 1951, above meeting was held at 33110 Five Mile Road, Livonia, Michigan, and was called to order at approximately 10:25 P.M. by the President 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. By Councilman Taylor, seconded by Councilman Whitehead and unanimously adopted as follows, it was- g-"15-6. as• /' ''�/5 ( RESOLVED, that the expense account of James L Hagen, Director of Public Safety, be and hereby is allowed in the sum of X350 00, as submitted in writing under date of May 7, 1951, and that the City Treasurer be and hereby is directed to pay said amount from the contingency fund The result of the roll call vote on the foregoing resolution was as follows: AYES. Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe. NAYS: None. By Councilman Grimm, seconded by Councilman Edgar and unanimously adopted as follows, it was . -5/57 RESOLVED, that the City Engineer, Herald Hamill, submit to the Argonaut Realty Division of General Motors Corporation plans and specifications prepared by him, at the request of said Argonaut Realty Division, for paving certain streets in the vicinity of the Transmission Plant; that the City of Livonia does hereby agree to pay 20% of the total cost of the paving of such streets on the condition that Argonaut Realty Division pay the remaining 80% of such total cost, it being understood that the City may either pay its entire percentage of such cost from general funds or may assess all or part of such percentage to adjoining property owners exclusive of Argonaut Realty Division, and also on the condition that Argonaut Realty Division approve said plans and specifications; that the City Engineer is instructed to endeavor to procure the approval of Argonaut Realty Division of the above stated proposal together with such plans and specifications, and to report back to the Council the result of his efforts The result of the roll call vote on the foregoing resolution was as follows: Page 401 AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe. lioNAYS. None. The City Clerk was instructed to send a certified copy of the above resolution to Argonaut Realty Division By Councilman Jahn, seconded by Councilman Edgar and unanimously adopted as follows, it was: A-9- y5-2 RESOLVED, that on recommendation of Herald Hamill, City Engineer, and Lester French, Director of Public Works, payment to Davis Construction Company in the amount of $1532.46 by the City Treasurer, which amount represents the balance due on contract for construction of Municipal Garage, is hereby authorized, and said Municipal Garage is hereby accepted as completed according to contract and the bond furnished by said Davis Construction Company thereon is hereby discharged The result of the roll call vote on the foregoing resolution was as follows . AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe NAYS. None By Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows, it was: /9 `4,5-5/ RESOLVED, that the bill presented by Herald Hamill, City Engineer, for $22811 80 far preparing plans and specifications and estimate of cost on improving streets in vicinity of General Motors Transmission Plant, which bill has been approved by Lester French, Director of Public Works, be and hereby is allowed by the Council and payment thereof by the City Treasurer from the contingency fund is hereby directed, provided, however, that the amount of this bill shall constitute a portion of the cost of improving said streets to be assessed against property owners benefited by such improvements in such manner as may hereafter be determined by the Council The result of the roll call vote on the foregoing resolution was as follows . AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe. NAYS: None. By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted as follows, it was : Page 402 /9 -4/60 RESOLVED, that the City Treasurer, Carl Wagenschutz, is Hereby authorized and directed to open and maintain a special account with the First National Bank of Plymouth to be known as City of Livonia Sewage Disposal System No. 1 Capital Expenditure Account; that all of the proceeds from the sale of the bond issue in said Sewage Disposal System No 1 be deposited in said account and be disbursed therefrom according to law; that all checks drawn from such account be signed by the City Treasurer and countersigned by either Harry S Wolfe, President of the Council or Wilson W Edgar, Vice-President of the Council and that the City of Livonia's General Fund be reimbursed to the extent of the following amounts : Engineerts Advance . . $10,000.00 Publication 256 00 Expense 320 00 Inspection Materials . 9.14 Land purdhased for pumping station 2,506.00 (Lot 57 Joy Road Cozy Homesites) from said Special Account for monies advanced by the City of Livonia for the benefit of said Sewage Disposal System No 1 The result of the roll call vote on the foregoing resolution was as follows : AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe NAYS: None By Councilman Jahn, seconded by Councilman Whitehead and unanimously adopted as follows, it was : /7-5/6 / RESOLVED, that the following permits be and hereby are granted: 1 Livonia Rotary Club to operate a carnival curing the dates of May 11th, 12th and 13th at M.R.A. grounds. 2 Livonia Recreation Club to operate a carnival during the dates of August 20, 1951, through August 25, 1951, at Six Mile and Middlebelt Roads on the condition that the Livonia Rotary Club and Livonia Recreation Club indemify the City against any and all loss which might result from said operation, and that an insurance policy for such purpose be submitted and approved by the City Attorney By Councilman Jahn, seconded by Councilman Carey and unanimously adopted as follows, it was . g‘.2, RESOLVED, that the City Treasurer pay the following respective amounts to the following cemeteries: Livonia Center Cemetery $150 00 Newburg Cemetery 150 00 Union Cemetery . 150 00 Page 403 Clarenceville Cemetery . $150 00 Total $600 00 and that the above amounts be paid from the contingency fund for the purpose of assisting in the maintenance of said cemeteries, The result of the roil call vote on the foregoing resolution was as follows: AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor and Wolfe NAYS• None By Councilman Whitehead, seconded by Councilman Jahn and unanimously adopted as follows, it was: 9 C 3 RESOLVED, that to assist the committee heretofore appointed by the Council, the Mayor is authorized to cause a survey to be made to determine the respective space and equipment requirements of the various City Departments and Agencies; that he be authorized to employ an architect for the purpose of pre- paring a plan for a new City Hall, with the idea of using the present building for a Third Fire Hall and thereby achieving substantial savings in insurance premiums, that a rough draft of such plan and specifications be submitted to the Special committee of the Council for its consideration and any changes, and that upon final report of such committee and final action of the Council, such plans and specifications be completed and necessary steps be taken to obtain a license or permit from the National Production Authority The result of the roll call vote on the foregoing resolution was as follows: AYES: Grimm., Jahn, Carey, Edgar, Whitehead, Taylor and Wolfe. NAYS: None By Councilman Edgar, seconded by Councilman Taylor and unanimously adopted as follows, it was: 2-'/ / RESOLVED, that the City Treasurer, Carl Wagenschutz, be and hereby is authorized to purchase on approval a Burroughts Cash Register with an option of later purchasing the same. The result of the roll call vote on the foregoing resolution was as follows: AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor and Wolfe IL. NAYS: None Councilman Taylor introduced the following ordinance: Page 404 NO 3!t 11.1 AN CitDINANCE REGULATING THE STORAGE, COTY .CTIO^N AND TRANSPORTATION OF MUNICIPAL WASTE? REQUIRING A LICENSE FOR SUCH COLLECTION, AND PROVIDING A PENALTY FOR VIOLATION HEREOF THE CITY OF LIVONIA ORDAINS• Section 1 Definitions The following definitions shall apply for the purpose of this ordinance. (a) The term "municipal waste" shall include garbage, rubbish and ashes, as hereinafter defined (b) "Garbage" is all refuse accumulation of animal, fish, fowl, fruit or vegetable matter that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables (c) "Rubbish" is all municipal waste material and trash resulting from housekeeping and ordinary mercantile enterprises The term "rubbish" shall not include garbage, ashes, waste from building construction, alteration or repair, earth or dirt from excavations, and unusual or special manufacturing or trade wastes (d) "Ashes" consist of the residue of any fuel such as wood, coal, coke and like substances Section 2. Purpose. The purpose of this ordinance is to provide a sanitary and satisfactory method for the storage and collection of municipal waste, and thus to safeguard public health and welfare Section 3. Construction This ordinance shall be liberally construed in order to best accomplish the purpose hereof Section 4. Receptacles The occupant or occupants of every building where municipal waste accumu1aes and in the case of a multiple dwelling as defined in the State Housing Code, the owner, lessee or agent, shall cause to be provided for said building, kept clean and in place, proper receptacles as herein described. (a) For garbage, maxed with combustible rubbish, receptacles may be portable or stationary, so maintained as to be water tight and vermin proof, and shall be adequate in size and number to hold one weeks accumulation Portable receptacles shall be of substantial metal construction provided with handles or bails and a tight fitting cover and no single portable receptacle shall weigh more than one hundred pounds when full Fixed or stationary receptacles shall be pro- vided with an opening from which contents are emptied that shall extend from the bottom across the full width of the receptacle and shall be fitted with a door hung so that it will remain open without interfering with collection All doors or covers shall be of heavy metal, with substantial hinges, shall fit tight enough to exclude flies and shall be maintained in that condition Page 405 (b) For non-combustible rubbish and ashes, receptacles may be portable or stationary and shall be of a size and number adequate to hold two weeks accumulation Portable containers shall be of reasonably substantial construction to permit handling, shall not weigh more than one hundred pounds each when full and shall not be of any material which shall constitute a fire hazard Fixed receptacles shall be made entirely of non-combustible materials and so located and constructed that ashes and non-combustible rubbish may be conveniently shoveled directly into collection vehicles. The opening from which the contents are shoveled shall extend from the bottom across the full width of the receptacle and shall be fitted with a door hung so that it will remain open without interfering with collection and maintained to retain ashes and non-combustible rubbish, when closed Rubbish that is larger than can be contained in receptacles may be securely tied in compact bundles, not to exceed one hundred pounds in weight, and placed in a location convenient for collection. (c) All receptacles shall be located within property lines, except that in the case of existing structures which extend to the alley or street line, receptacles for waste may be placed in a public alley or street by permission of the Department of Public Works Where the property does not abut upon an alley or street, portable receptacles may be placed as directed by the Department of Public Works upon the day of scheduled collection (d) No person shall disturb the contents of any portable or stationary receptacle or bundle except as provided in this ordinance. All receptacles must be maintained in a sanitary condition Receptacles that are badly broken, or constitute a fire hazard or otherwise fail to meet the requirements of this ordinance may be classed as rubbish and may be collected as such. Section 5 Separation and Storage All municipal waste shall be separated and stored, pending collection, as follows : Garbage and combustible rubbish shall be stored in the receptacles provided for it in the preceding Section 4 of this ordinance and ashes and non- combustible rubbish shall be stored in separate receptacles as provided in the preceding Section 4 of this ordinance. Nothing contained herein shall prevent the use of ashes or cinders on sidewalks, when ice and snow have accumulated, in order to make them safe for traffic, or in providing a surface for sidedrives. Section 6. License for Collection No person, firm or corporation snail collect, remove or transport any municipal waste within the City of Livonia, unless such person, firm or corporation shall have first procured a license for such purpose All licenses for the collection, removal or transportation of municipal waste shall be issued by the City Council. Section 7. Application for License Every person, firm or corporation required to obtain a license for the collection, removal and transportation of municipal waste shall make application for said license to the City Clerk upon forms provided by the City Clerk and state under oath such facts as may be required for the granting of such license, including the following: (a) The full names, business addresses and residence addresses of all owners, officers and managers of applicant's business; Co) The name and address of applicant's business; Page 406 (c) The routes, districts or territories within which applicant pro- poses to make such collection or removal of municipal waste; (d) A description of the vehicles and equipment the applicant proposes to use in such collection, removal ana transportation; (e) The location of the place or places to which such municipal waste is to be transported and the route to be followed in reaching such place or places; and (f) Such other information as may be required by the Department of Public Works No license shall be granted to any applicant therefor until such applicant has complied with all of the laws of the State of Michigan and ordinances of the City of Livonia pertaining to the collection, removal and transportation of municipal waste; nor shall such a license be issued until the application therefor has been approved by the Director of Puhlic Works or his representative, and until such applicant has paid to the City Clerk a license fee of $25.00 for the first truck and $10.00 for each additional truck, and has deposited with the City Clerk a bond as required in Section 8 of this ordinance. Section 8. Bond and Insurance. Each application for a license shall be accompanied by a bond in the penal sum of $1000.00 in such form as may be approved by the City Attorney, which bond shall be signed by an approved corporate surety duly authorized to do business in Michigan and which bond shall be conditioned on the due observance during the time of the license of all laws of the State of Michigan, all ordinances of the City of Livonia and all legal rights of all persons who are served by or injured by the licensee. Any person aggrieved by the action of any such licensee shall have a right of action on the bond for the recovery of money or damages or both Such bond shall remain in full force and effect for a period of 90 days after the expiration or cancellation of any such license Each licensee shall carry for each truck public liability insurance sufficient i pay $10,000.00 for one person injured in an accident, $20,000 00 for all persons injured and $5000.00 for property damage; and shall exhibit to the City Clerk policies of such insurance Section 9. Refusal Issuance and Revocation of License Each appli- cation for license filed in conformance with Sections 7 and d of this ordinance shall be submitted by the City Clerk to the Council and accompanied by a brief report of all action taken thereon. Any application for a license may be refused and any license issued under this ordinance may be revoked, whenever the applicant or licensee has made a false or fraudulent statement in such application or in the operation of his business, or whenever such business is conducted in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public, or whenever such applicant or licensee is unable to satisfactorily meet or perform the requirements and pro- visions of this ordinance and the regulations this ordinance made pursuant to refusal of an application or revocation of a license, the applicant or licensee shall have a right to a hearing before the Council and the Clerk, in such case, shall give the applicant or licensee a written notice of such hearing at least three days prior thereto. Page 407 Section 10. Duration of License Each license shall continue for a period of one year from the date of issuance, except that the same may be revoked as above provided Section 11 Rates far Collection. The Council shall fix and determine reasonable rates to be charged by any licensee for the collection and trans- portation of all municipal waste Section 12. Administration. The administration and operation of this ordinance shall be under the Department of Public Works The Director of Public Works shall make reasonable rules and regulations covering the storage, collection and transportation of municipal waste. It shall be the duty of the Department of Public Works and the Police Department through their proper officials and agents to enforce the provisions of this ordinance. Section 13. Exceptions. The provisions of this ordinance shall not be applicable to the storage and use of municipal waste on any farm or farms situated within the City of Livonia; provided, however, that the term "farms is hereby defined as an A-G-1 or an A-G-2 district as such districts are defined in the Zoning Ordinance of the Township of Livonia which was adopted by the City of Livonia in Ordinance No 7, and, provided further, that this exception shall not exist in case such storage or use of municipal waste is carried on in an unhealthy and unsanitary manner as to constitute a menace to the health and welfare to the public and a nuisance to the surrounding area Section 14. Offenses. Any storage, collection or transportation of municipal waste, except as permitted and regulated herein, is hereby declared to be a nuisance and is prohibited Any dumping, depositing or throwing of any municipal waste on any of the streets, alleys and public thorofares of the City of Livonia, or on private property adjacent thereto, except as heretofore provided and except on the City dump is hereby declared to be a nuisance and is expressly prohibited Section 15 Penalty Every person convicted of a violation of this ordinance shall be punished by a fine of not more than $500 00 or by imprisonment of not more than 90 days or both such fine and imprisonment in the discretion • of the Court Each act or violation and every day upon which any such violation shall occur shall constitute a separate offense Section 16 Repeal. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed Section 17 Severability. In the event any portions of this ordinance are held invalid for any reason, then such holding shall not affect the remaining portion of this ordinance Section 18. Effective Date. This ordinance is hereby declared necessary for the preservation of the public health and safety and shall oecome effective immediately upon publication The result of the roll call vote on the foregoing ordinance was as follows: AYES: Grimm, Jahn, Carey, Edgar, Whitehead, Taylor & Wolfe NAYS. None Page 408 lig The President declared the above Orainance passed as an emergency ordinance to become effective on the date of publication, May 18, 1951 On motion of Councilman Jahn, seconded by Councilman Whitehead and unanimously passed, the meeting was adjourned at 12 :00 P M - —&_, 1- It Clark, City Clerk Attested: i harry S. o eMde/