HomeMy WebLinkAboutCOUNCIL MINUTES 1971-08-25 12368
MINUTES OF THE SEVEN HUNDRED SEVENTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On August 25, 1971, the above meeting was held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan, and was called to order by the President of the Council
at approximately 8:10 P. M. Councilman Bennett delivered the invocation. Roll was
called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A.
Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett.
Absent--None.
Elected and appointed officials present: Edward H. McNamara, Mayor;
Addison W. Bacon, City Clerk, Robert E. Osborn, Director of Public Works; Harry C.
Tatigian, City Attorney, John Nagy, City Planner; Ronald Mardiros, City Assessor;
Ed Siemert, City Engineer; John T. Dufour, Superintendent of Parks and Recreation;
Stanley Bien, Chief Librarian, Jack Dodge, Budget Director; H. O. Bridges, Assistant
City Assessor; Robert Turner; Police Chief, Richard O. Jones, Assistant Superintend-
ent of Operations Division, John Bunk, Acting Chief, Fire Department; Robert Biga,
Civil Service Department; Dan Andrew, Planning Commission, H. Dow Tunis, Planning
Commission, Joseph Falk, Planning Commission; Robert Bishop, Zoning Board of Appeals,
and Richard E. Simpson, Traffic Commission.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#774-71 RESOLVED, that the minutes of the 716th regular meeting of the
Council of the City of Livonia, held on August 11, 1971, are hereby
approved.
By Councilman Milligan, seconded by Councilman Bennett, and unanimously
adopted, it was
Iwo #775-71 RESOLVED, that the minutes of the 137th special meeting of the
Council of the City of Livonia, held on August 21, 1971, are hereby
approved.
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The communication from the City Clerk, dated August 23, 1971, transmitting
a Financial Statement of the General Fund for the period ending July 21, 1971, as
prepared from the records of the Accounting Department, was received and filed for
the information of the Council.
Opinion No. 71-3 submitted by the Department of Law, dated August 24, 1971,
in response to Council Resolution No. 720-71, with respect to the legality of
Ordinance 898, was received and filed for the information of the Council.
At 8:35 p. m. , a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
Councilman Raymond gave second reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER
4, ARTICLE 2 OF TITLE 5 (WATER)
OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED, OF THE CITY OF LIVONIA
BY REPEALING SECTION 5-415 THERE-
OF.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Bennett gave second reading to the following Ordinance:
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AN ORDINANCE AMENDING SECTION 12
OF THE ZONING MAP OF THE CITY OF
LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED,
KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE," BY
ADDING SECTION 3. THERETO. RE:
PETITION NO. 71-2-1-11 FOR CHANGE OF
ZONING FROM C-2 TO RUF.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash.
NAYS: Milligan.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ventura gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 14
OF THE ZONING MAP OF THE CITY OF
LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED,
KNOWN AND CITED AS THE "CITY OF
LIVONIA ZONING ORDINANCE," BY
ADDING SECTION 3. THERETO. RE:
PETITION NO. 71-3-1-13 FOR CHANGE OF
ZONING FROM RUF TO C-1.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: Bennett.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
The following preamble and resolution were offered by Councilman Ventura
and supported by Councilman Milligan:
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#776-71 WHEREAS, there exists an imperative need to acquire for the City
of Livonia, as a part of the Wayne County Metropolitan Sewerage and Sewage
Disposal System, certain additional sewer facilities as hereinafter in the
contract more particularly set forth; and
WHEREAS, preliminary plans and estimate of cost of said improve-
ments have been prepared by John E. Hiltz & Associates, Inc., consulting
engineers of Detroit, Michigan, which said preliminary plans and estimate
of cost have been reviewed by the City Council; and
WHEREAS, the City Council has determined that it is necessary
for the public health to acquire said additional sewer improvements in
accordance with said preliminary plans and estimate of cost; and
WHEREAS, Sections 5a, 5b and 5c of Act 342, Public Acts of
Michigan, 1939, as amended, authorizes the execution of contracts between
municipal units and the proper county agency providing for the acquisition,
construction and financing of sewer L.provencnts; and
WHEREAS, the County of Wayne, acting by and through its Board
of Supervisors, and in accordance with Act 342, Public Acts of Michigan,
1939, as amended, by resolution adopted by majority vote of its Board
of Supervisors on October 9, 1939, and by Ordinance No. 200 duly adopted
on September 29, 1952, authorized and directed that there be established
a system of sewage disposal improvements and services to be known as the
Wayne County Metropolitan Sewerage and Sewage Disposal System, and did
designate the Board of County Road Commissioners of the County of Wayne,
as the agency for the County, to acquire, operate, maintain and improve
the System with all the powers and duties conferred upon such agency by
statute; and
WHEREAS, the City Council determines it to be in the best
interest of the City to acquire said additional sewer improvements and to
finance the cost thereof in accordance with the provisions of Sections 5a,
5b and 5c of Act 342, Public Acts of Michigan, 1939, as amended; and
WHEREAS, a contract between the City of Livonia and the Board of
County Road Commissioners of the County of Wayne, acting for and on behalf
of the County of Wayne, providing for the acquisition, construction and
financing of said additional sewer improvements, and such matters as are
deemed necessary thereto, has been prepared;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City of Livonia hereby
determines it to be necessary for the public health and safety to acquire
the additional sewer extensions and improvements set forth in the contract
herein included as a part of this resolution.
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2. The City Council deems it to be in the best interest
of the City of Livonia to finance the cost of such improvements in
accordance with the provisions of Sections 5a, 5b and 5c of Act 342,
Public Acts of Michigan, 1939, as amended.
3. The City Council hereby approves the preliminary plans
and estimate of cost of said improvements prepared by the engineers
hereinbefore referred to.
4. The City Council does hereby approve the following
contract for the acquisition, construction and financing of said addition-
al sewer improvements:
CONTRACT
THIS CONTRACT, made and entered into this day of
, A. D., 1971, by and between the BOARD OF COUNTY ROAD
COMMISSIONERS OF THE COUNTY OF WAYNE, Michigan, a public body corporate,
acting for and on behalf of the County of Wayne, Michigan, party of the
first part, hereinafter referred to as the "BOARD," and the CITY OF
LIVONIA, a municipal corporation in the County of Wayne, State of Michigan,
hereinafter referred to as the "CITY,"
WITNESSETH:
WHEREAS, the County of Wayne, Michigan, acting by and through
its Board of Supervisors and in pursuance of the authority conferred
upon it by Act 342, Public Acts of Michigan, 1939, as amended (hereinafter
referred to as "Act 342"), did by resolution duly adopted by a majority
vote of its members-elect on October 9, 1939, and by Ordinance No. 200
duly adopted on September 20, 1952, authorize and direct that there by
established a system of sewage disposal improvements and services, to by
known as the Wayne County Metropolitan Sewerage and Sewage Disposal
System (hereinafter referred to as the "County System"), and did designate
the BOARD as the agency for the County to operate and maintain such
System with all the powers and duties conferred upon such agency by
statute; and
WHEREAS, said Ordinance No. 200 specifically provides, in part,
as follows, to wit:
"Section 10. To provide for necessary improvements,
additions and extensions to the System, and the financing
thereof, the Board is authorized to prepare plans, details
and specifications therefor, to prepare and submit
necessary ordinances, resolutions or other documents
necessary to the issuance of any of the type of bonds or
notes authorized by the provisions of Act 342, Public
Acts of 1939, as amended, and to that end is authorized
to make and execute contracts, agreements or other
documents relating thereto as authorized by the provi-
sions of said Act: Provided, However, that before any
bonds or notes are issued or sold, the proceedings authoriz-
ing the issuance or sale shall be formally approved by
resolution or ordinance of the Board of Supervisors of
Wayne County in manner provided by said Act."; and
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WHEREAS, it is immediately necessary for the public health
that new sanitary sewers and appurtenances and new storm sewers and
appurtenances to provide for the separation of storm and sanitary flow
be constructed to service certain portions of the CITY, said project to
consist of the items listed in Exhibit A attached hereto and made a part
hereof, together with all related appurtenances, attachments and rights
in land, as shown in preliminary plans on file in the offices of the
BOARD; and
WHEREAS, the BOARD has caused preliminary plans and estimate of
cost of said proposed sewer improvements to be prepared by John E. Hiltz
& Associates, Inc., consulting engineers of Detroit, Michigan (hereinafter
in this contract called "consulting engineers"), which said estimate of
cost is in the sum of Two Million Eight Hundred Thousand $2,800,000.00)
Dollars (which said estimate of cost is hereinafter referred to in this
contract as "estimated cost"); and
WHEREAS, said sewer improvements constitute and will be additions
to the County System, and it is the determination and judgment of the
BOARD and the CITY that said new sewer improvements should be financed and
constructed pursuant to the authorization provided in Act 342 and Ordinance
200, hereinbefore referred to, all of said new sewer improvements being
vitally necessary to preserve and protect the public health, and
WHEREAS, the execution of this contract has been authorized by
resolution of the City Council of the City adopted on
1971, which said resolution has been published in a newspaper of general
circulation in the CITY, and more than thirty (30) days have elapsed since
such publication and no petition for referendum concerning said resolution
or this contract has been filed with the City Clerk of said CITY;
NOW, THEREFORE, in consideration of the premises and the covenants
of each other, the parties hereto agree as follows:
1. The BOARD and the CITY hereby approve and confirm
the sewer improvements to be acquired and constructed as set forth in the
preamble to this contract, and agree that the same shall be acquired and
constructed in the manner provided by and pursuant to this contract. The
BOARD and the CITY further hereby approve and confirm the preliminary
plans for said sewer improvements, prepared by the consulting engineers,
and the estimated cost as set forth in the preamble hereto. The acquisition
and construction of the sewer improvements herein approved are hereinafter
in this contract referred to as PROJECT TO BE FINANCED.
2. The PROJECT TO BE FINANCED and the estimated cost
thereof in the sum of Two Million Eight Hundred Thousand ($2,800,000.00)
Dollars, as set forth in the preamble to this contract, include all surveys,
plans, specifications, acquisition of property for right-of-way, including
consequential and abuttal damages, if any, and interest on awards, physical
construction necessary to acquire and construct the sewer improvements
approved and confirmed in Section I of this contract, the acquisition of all
materials necessary to acquire and construct said sewer improvements,
engineering supervision, administrative, legal and financing expenses
necessary in connection with the acquisition and construction of said sewer
improvements and the financing thereof, and capitalized interest on the
bonds hereinafter authorized for a period of nine (9) months.
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3. The BOARD will acquire and construct the sewer improve-
ments approved and confirmed in Section I of this contract and for
that purpose will take bids for the acquisition and construction of the
improvements prior to the time that any bonds are issued for the purpose
of financing the cost of said improvements. The BOARD shall in no event
enter into any final contract or contracts for the construction and acquisi-
tion of said improvements where such contract price or prices will be such
as to cause the cost of the PROJECT TO BE FINANCED to the City to exceed
such cost as estimated herein and set forth in the preamble to this contract,
unless the CITY, by resolution of its City Council, approves said increased
cost and agrees to pay the excess over the estimated cost, either in cash,
or by specifically authorizing the maximum principal amount of bonds to be
issued as provided in Sections 6 and 7 of this contract, to be increased to
an amount which will provide sufficient funds to meet the increased total
cost, and a similar increase in the installment obligations of the CITY
pledged under the terms of this contract to the payment of such bonds. The
sewer improvements shall be acquired and constructed by the BOARD in ac-
cordance with the plans and specifications therefor based on preliminary
plans approved by this contract: Provided, However, that minor variations
from said plans and specifications may be made without the approval of the
CITY if such variations shall not materially affect said plans and specifi-
cations. All matters relating to engineering plans and specifications, to-
gether with the making and letting of final construction contracts as well
as inspection, construction supervision, and approval of work and materials,
for the sewer improvements specified in Section I of this contract, shall
be in the exclusive control of the BOARD. All acquisition of rights-of-
way shall be done by the CITY.
4. The CITY consents to the use by the BOARD, acting
for and on behalf of the County of Wayne, of the public streets, alleys,
lands and rights-of-way in the CITY for the purpose of constructing, oper-
ating and maintaining said sewer improvements, and any enlargements, or
extensions thereto.
5. Upon completion of the sewer improvements specified
in the preamble and approved in Section I of this contract, the CITY shall
operate and maintain said improvements, for and on behalf of the BOARD,
at its sole expense. The sanitary sewage collected by said sewers will be
transported through the interceptors of the County of Wayne that are a
part of the Wayne County Sewerage and Sewage Disposal System and disposed
of and treated through the treatment facilities of the County of Wayne, and
the CITY is obliged by contract to pay the sewage disposal rate establish-
ed for said service.
6. To carry out and accomplish the PROJECT TO BE
FINANCED, in accordance with the provisions of Act 342, Public Acts of
Michigan, 1939, as amended, the BOARD shall take the following steps:
(a) The BOARD shall immediately take all steps necessary
to take bids for and enter into and execute final construction
contracts for the acquisition and construction of the sewer
improvements specified in the preamble and approved in Section
I of this contract in accordance with the plans and specifica-
tions therefor based on the preliminary plans as approved by
this contract. Said final construction contracts shall specify
a completion date of the sewer improvements.
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(b) The BOARD will require and procure from the
contractor or contractors undertaking the actual construction
and acquisition of the sewer improvements, necessary and
proper bonds to guarantee the performance of the contract or
contracts, and such labor and material bonds as may be required
by law, in such amount and such forms as may be approved by the
BOARD.
(c) The BOARD will submit to the Board of Commissioners of the
County of Wayne, an ordinance or resolution, providing for the
issuance of bonds in the aggregate principal amount of
$2,800,000.00, said bonds to mature serially, as authorized by
law, and to be issued in anticipation of the installment
payments to be made by the CITY as hereinafter provided in this
contract, and to be secured primarily by the contractual obliga-
tion of the CITY to pay the installments due, plus interest, as
hereinafter provided in this contract, and secondarily, if
approved by a majority of the members-elect of the Board of
Commissioners, by the full faith and credit of the County of
Wayne. After due adoption of the bond ordinance or resolution,
the BOARD will take all necessary legal procedures and steps
necessary to effectuate the sale and delivery of said bonds.
(d) The BOARD, upon receipt of the proceeds of sale of the
bonds, will comply with all provisions and requirements provided
for in the ordinance or resolution authorizing issuance of the
bonds and this contract relative to the disposition and use of
the proceeds of sale of the bonds.
7. The cost of the sewer improvements, referred to in
the preamble to this contract, shall be charged to and paid by the CITY
to the BOARD in the manner and at the times herein set forth. The said
cost thereof (presently estimated at Two Million Eight Hundred Thousand
($2,800,000.00) Dollars) shall be paid to the BOARD, as the agency of the
County, in annual principal installments, plus interest and other expenses
as hereinafter provided. The principal installments shall be as specified
In Exhibit B (or any revision thereof made pursuant to paragraphs 8 or 9
of this contract) attached to this contract and made a part hereof by
reference.
It is understood and agreed that the bonds of the County here-
inbefore referred to will be issued, in anticipation of the payment of the
annual installments herein provided, and as set forth in Exhibit B, with
principal maturities on May 1st of each year, commencing with the year
1973, equal to the principal amount of the annual installments due on the
preceding April 1st of such year, and bearing interest at the rate or rates
determined on public sale thereof, payable on May 1st and November 1st
of each year, commencing November 1, 1972. Interest due November 1,
1972, shall be capitalized.
It is further understood and agreed that the CITY shall also pay
to the BOARD, as the agency of the County, in addition to the principal
installments as specified in Exhibit B, on April 1st and October 1st of
each year, commencing April 1, 1973, as accrued interest on the princi-
pal installments remaining unpaid, an amount sufficient to pay all interest
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not capitalized due on the next succeeding interest payment date (May 1st
and November 1st, respectively), on said County bonds from time to time
outstanding. From time to time as the BOARD is billed by the paying agent
or agents for the County bonds to be issued for their services as paying
agent, or registering bonds, and as other costs and expenses accrue to
the BOARD from handling of the payments made by the CITY, the BOARD
shall notify the CITY of the amount of such paying agency fees and other
costs and expenses, and the CITY shall, within thirty (30) days from such
notification, remit to the BOARD sufficient funds to meet such paying
agency fees and other cost and expenses.
The BOARD shall, within thirty (30) days after the delivery of
the County bonds hereinbefore referred to, furnish the CITY with a complete
schedule of said installments, and the interest thereon due on the dates
above set forth, and shall also, at least thirty (30) days prior to the due
date of any such installment of prinicpal and interest, or interest,
advise the CITY, in writing, of the exact amount due on said date. The
failure to give such notice shall not, however, excuse the CITY from making
its required payments when due under the provisions hereof.
If any installment payment as herein provided is not paid when
due, the amount so not paid shall be subject to a penalty, in addition to
interest, of one-half of one per cent (1/2 of 1%) thereof for each month
or fraction thereof that the same remains unpaid after the due date.
8. If the proceeds of the sale of the original County bonds
authorized by this contract are for any reason insufficient to complete
the acquisition and construction of the PROJECT TO BE FINANCED in ac-
ccordance with the plans and specifications therefor, the BOARD shall, if
necessary, submit to the Board of Commissioners of Wayne County a
resolution providing for the issuance and sale of additional County bonds
in an amount necessary to provide sufficient funds to complete the PROJECT
TO BE FINANCED, in which event the duties and obligations of the BOARD
and the CITY as expressed and set forth in this contract shall be applica-
ble to such additional issue of bonds as well as the original issue, it
being at all times fully recognized and agreed that the payments to be
made by the CITY in the manner specified in paragraph 7 of this contract
shall be based upon the cost of the PROJECT TO BE FINANCED. Any such
additional bonds shall mature serially on May 1st, and the payment install-
ment maturing on the April 1st preceding said May 1st, as shown by Exhibit
B, shall be increased by the principal amount of such additional bonds
maturing on said May 1st. All the provisions of paragraph 7 of this
contract shall be applicable to said increased amounts. Immediately upon
the issuance of such additional bonds, the BOARD shall furnish and supply
the CITY a document entitled "Revised Exhibit B" specifying the new
schedule of installments, increased as herein authorized, which shall be
substituted and take the place of the present Exhibit B and the install-
ments therein specified.
9. In the event, by reason of favorable construction bids
received, federal or state grants, or for any other reason, it is not
necessary to issue the County bonds in the full amount of $2,800,000.00
based upon the present estimated cost, but such bonds are authorized and
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issued in such lesser principal amount as may be necessary to pay the cost
of the PROJECT TO BE FINANCED, the installment payments of the CITY, as
provided in paragraph 7 and Exhibit B of this contract, shall be reduced
so that the installment payment due on April 1st of each year shall
correspond to a reduced principal amount of bonds maturing on the next
succeeding May 1st. All the provisions of paragraph 7 of this contract
shall be applicable to said reduced installments, the same as though such
installments were originally in said reduced amounts. In such event the
BOARD shall furnish and supply the CITY a new "Exhibit B" specifying the
new schedule of installments, reduced as herein authorized, which shall
be substituted and take the place of the present Exhibit B and the
installments therein specified.
It is fully understood and agreed by the BOARD and the CITY
that the principal amount of the annual installments, as specified in
Exhibit B and due on April 1st of each year, shall at all times correspond
to the principal amount of the bonds due on the following May 1st.
10. The CITY, pursuant to the authorization of Section 5a
of Act 342, Public Acts of Michigan, 1939, as amended, irrevocably pledges
its full faith and credit for the prompt and timely payment of its obliga-
tions expressed in this contract and, except as hereafter provided, shall
each year, commencing with the year 1972, levy an ad valorem tax on all
the taxable property in the CITY in an amount which, taking into considera-
tion estimated delinquencies in tax collections, will be sufficient to pay
its obligations under this contract becoming due before the time of the
following year's tax collections. Such annual levies, by virtue of the
authorization of Section 6, Article IX, of the Michigan Constitution of
1963, shall be without limitation as to rate or amount, being for the
purpose of providing funds to meet the contractual obligations of the CITY,
in anticipation of which the County bonds, hereinbefore referred to, are
issued. Nothing herein contained shall be construed to prevent the CITY
from using any, or any combination of, the means and methods provided in
Section 5a of said Act 342, Public Acts of Michigan, 1939, as now or
hereafter amended, for the purpose of providing funds to meet its obliga-
tions under this contract, and if, at the time of making the annual tax
levy there shall be other funds on hand earmarked and set aside for the
payment of the contractual obligations due prior to the next tax collection
period, then no tax levy need be made for such year.
11. The CITY may pay in advance any of the payments required
to be made by this contract, in which event the BOARD shall credit the
CITY with such advance payment on future due payments to the extent of
such advance payment.
12. The CITY may pay additional moneys over and above any of the
payments specified in this contract with the written request that said
additional funds be used to call bonds for redemption prior to maturity,
in which event the BOARD shall be obligated to apply and use said moneys
for such purpose. Such moneys shall not then be credited as advance
payments under the provisions of Section 11 of this contract.
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13. In the event the CITY shall fail for any reason to pay
to the BOARD at the times specified, the amounts required to be paid by
the provisions of this contract, the BOARD shall immediately notify, in
writing, both the County Treasurer of the County of Wayne and the City
Treasurer of such default and the amount thereof, and if such default is
not corrected within ten (10) days after such notification, the County
Treasurer or other official charged with disbursement to the CITY of
funds derived from the State sales tax levy under the law, and payable to
the CITY pursuant to Section 10, Article IX, of the Michigan Constitution
of 1963, is by these presents specifically authorized by the CITY to with-
hold funds to the maximum amount necessary to cure said deficit, derived
from such sales tax levy and returnable to the CITY, and to pay said sums
so withheld to the BOARD to apply on the obligations of the CITY as herein
set forth. Any such moneys so withheld and paid shall be considered to
have been returned to the CITY within the making of the Michigan Constitu-
tion of 1963, the purpose of this provision being solely to voluntarily
authorize the use of said funds owing to the CITY to meet past due
obligations of the CITY due under the provisions of this contract. In
addition to the foregoing, the BOARD shall have all other rights and
remedies provided by law to enforce the obligation of the CITY to make its
payments in the manner and at the times required by this contract.
14. It is specifically recognized by the CITY that the payments
required to be made by it pursuant to the terms of Section 7 of this
contract are to be pledged for and used to pay the principal of and
interest on the bonds to be issued by the County, as provided by this
contract, and authorized by law, and the CITY covenants and agrees that
it will make its required payments to the BOARD promptly and at the times
herein specified, without regard to whether the PROJECT TO BE FINANCED
is actually completed or placed in operation.
15. Nothing herein contained shall in any way be construed
to prevent additional financing under the provisions of Act 342, Public
Acts of Michigan, 1939, as amended, or any other law, for the purpose of
constructing all or any portion of additional necessary sewer improvements.
16. After completion of the PROJECT TO BE FINANCED and payment
of all cost thereof, any surplus remaining from the proceeds of sale of
bonds shall be used by the BOARD for either of the following purposes at
the option of, and upon request made by resolution of, the City Council
of the CITY, to wit: (a) for additional sewer and sewage disposal
facilities in the CITY, subject to approval of the BOARD, or (b)credited
by the BOARD towards the next payments due the BOARD by the City hereunder.
17. All contracts for connection to the sewer improvements,
whether such connections are made during construction or after the sewer
improvements are placed in operation, shall be made by the CITY. The
actual costs of such connections shall be paid by the CITY except to the
extent that the costs of such connections are included in the cost of the
PROJECT TO BE FINANCED.
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18. The obligations and undertakings of each of the parties
to this contract shall be conditioned on the successful issuance and sale
of bonds pursuant to Act 342, Public Acts of Michigan, 1939, as amended,
and, if for any reason whatsoever said bonds are not issued and sold within
two years from the date of this contract, this contract, except for payment
of preliminary expenses and ownership of engineering data, shall be con-
sidered void and of no force and effect. In the event that said bonds are
not issued and sold, all preliminary legal and engineering costs shall be
paid by the CITY, and the CITY shall have ownership, possession and use
of all plans and specifications, surveys and other engineering data and
materials prepared.
19. The sewer improvements acquired and constructed in
accordance with the provisions of this contract shall be a part of the
County System. The CITY shall at all times maintain the sewer improve-
ments to be acquired and constructed hereunder at its own expense for and
on behalf of the BOARD. If at any time during the term of this contract
the CITY refuses or neglects to properly repair or maintain any of the
facilities required to be maintained by it hereunder, the BOARD shall in
writing order the CITY to perform all necessary items of repair and
maintenance and, in case of non-compliance with such order within thirty
(30) days, the BOARD may proceed with such work and the CITY agrees to
reimburse the BOARD for any expenses incurred thereby.
20. The BOARD and the CITY each recognize that the holders
from time to time of the bonds issued by the County under the provisions
of Section 5c of Act 342, Public Acts of Michigan, 1939, as amended, to
finance the cost of the PROJECT TO BE FINANCED, will have contractual
rights in this contract and it is, therefore, covenanted and agreed by
each of them that so long as any of said bonds shall remain outstanding
and unpaid, the provisions of this contract shall not be subject to any
alteration or revision which would in any manner materially affect either
the security of the bonds or the prompt payment of prinicpal or interest
thereon. The CITY and the BOARD further covenant and agree that they will
each comply with their respective duties and obligations under the terms
of this contract promptly at the times and in the manner herein set forth,
and will not suffer to be done any act which would in any way impair the
said bonds, the security therefor, or the prompt payment of principal
and interest thereon. It is hereby declared that the terms of this
contract, insofar as they pertain to the security of any such bonds, shall
be deemed to be for the benefit of the holders of said bonds.
21. This contract shall remain in full force and effect for
a period of forty (40) years from the date hereof, or until such lesser
time as the bonds issued by the County are paid in fill . At such time
within said forty-year term as all of said bonds are paid, this contract
may be altered or changed by consent of the parties hereto or may be
terminated by such consent. In any event the obligation of the CITY to
make the payments required by Section 7 of this contract shall be termin-
g ated at such time as all of said bonds are paid in full.
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22. The CITY shall defend, indemnify and save harmless
the BOARD from and against any and all claims of any nature whatsoever,
including damage to property of the BOARD or injury to or death of
employees or agents of the BOARD, arising out of the construction,
operation and/or maintenance of the PROJECT TO BE FINANCED.
23. This contract shall inure to the benefit of and be
binding upon the respective parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this contract
to be executed this day of , 1971.
BOARD OF COUNTY ROAD
COMMISSIONERS OF THE COUNTY
OF WAYNE, Michigan
In the present of: By
Chairman
By
Secretary
CITY OF LIVONIA
By:
Mayor
By:
City Clerk
EXHIBIT A
STORM SEWER LOCATIONS
LIVONIA SEWER SEPARATION PROGRAM
SECTION 34 - LIVONIA,MICHIGAN
1. Storm sewer in Westmore Ave. between W. Chicago Ave. and Van Court Ave.
2. Storm sewer in Shadyside Ave. between W. Chicago Ave. and Van Court
Ave.
3. Storm sewer in Woodring Ave. between Vermont Ave and Plymouth Road.
4. Storm sewer in Roseland Av. between W. Chicago Ave. and Plymouth Road,
5. Storm sewer in Loveland Ave. between W. Chicago Ave. and Plymouth Road.
6. Storm sewer in Mayfield Ave. between W. Chicago Ave. and Plymouth Road.
12381
7. Storm sewer in Brookfield Ave. between W. Chicago Ave. and Plymouth Rd.
8. Storm sewer in Fairfield Ave. between W. Chicago Ave. and Plymouth Rd.
9. Storm sewer in Hubbard Ave. between W. Chicago Ave. and Plymouth Rd.
10. Storm sewer in Cranston Ave. between W. Chicago Ave. and Plymouth Rd.
11. Storm sewer in Blackburn Ave. between W. Chicago Ave. and Plymouth Rd.
12. Storm sewer in Ingram Ave. between W. Chicago and Plymouth Road.
13. Storm sewer in Berwick Ave. between W. Chicago Ave. and Plymouth Road.
14. Storm sewer in Auburndale Ave. between W. Chicago Ave. and Plymouth Rd.
15. Storm sewer in Melrose Ave. between W. Chicago Ave. and Plymouth Rd.
16. Storm sewer in Arden Ave. between W. Chicago Ave. and Plymouth Rd.
17. Storm sewer in Van Court Ave. between Farmington Rd. and Woodring.
18. Storm sewer in Plymouth Rd. between Loveland Ave. and Hubbard Ave.
19. Storm sewer in W. Chicago Ave. between Farmington Rd. and Hubbard.
20. Storm sewer in easement adjacent to and parallel to the N. line of
Rosedale Gardens Subdn. #11, between Farmington Rd. and Loveland Ave.
21. Storm sewer in OrangelawnAve. between Farmington Rd. and Loveland.
22. Storm sewer in Vermont Ave. between Woodring and California Ave.
23. Storm sewer in Virginia Ave. between Louisiana Ave. and Woodring Ave.
24. Storm sewer in Oregon Ave. between Farmington Rd. and Woodring Ave.
25. Storm sewer in Kentucky Ave. between Farmington Rd. and Woodring.
26. Storm sewer in Illinois Ave. between California and Woodring Ave.
27. Storm sewer in Montana Ave. between Montana Ct. and Illinois Ave.
28. Storm sewer in Hubbard Ave. between Maryland Ave. and Joy Rd.
29. Storm sewer in Nevada Ave. between Wyoming Ave. and Joy Rd.
30. Storm sewer in Maine Ave. between Maryland Ave. and Washington Ave.
31. Storm sewer in Penn. Ave. between Alabama Ave. and Washington Ave.
32. Storm sewer in Alabama Ave. between Penn Ave. and Merriman Rd.
33. Storm sewer in Hees Ave. between Alabama Ave. and Nebraska Ave.
12382
34. Storm sewer in Nebraska Ave. between Hees Ave. and Joy Road.
35. Storm sewer in Joy Rd. between Hubbard Ave. and Merriman Rd.
36. Storm sewer in Delaware Ave. between Florida Ave. and Frederick Ave.
37. Storm sewer in Arizona Ave. between Iowa Ave. and Merriman Rd.
38. Storm sewer in Merriman Rd. between Joy Rd. and W. Chicago Ave.
39. Storm sewer in Frederick Ave. between Delaware Ave. and Arizona Ave.
40. Storm sewer in Texas between Texas Ct. and Penn Ave.
EXHIBIT B
Principal amount of $2,800,000.00 to be paid by CITY to the
BOARD in annual installments on April 1st in the years and in principal
amounts as follows:
Year Principal Year Principal
Due Amount Due Amount
1973 $ 75,000 1983 $125,000
1974 75,000 1984 150,000
1975 75,000 1985 150,000
1976 100,000 1986 150,000
1977 100,000 1987 175,000
1978 100,000 1988 175,000
1979 100,000 1989 200,000
1980 125,000 1990 200,000
1981 125,000 1991 225,000
1982 125,000 1992 250,000
The CITY shall also pay to the BOARD interest on the principal
installments unpaid at the rates and at the times specified in paragraph
7 of the contract.
5. A copy of this resolution shall be published in the
Livonia-Observer, of Livonia, Michigan, a newspaper of general circulation
within the City of Livonia, Michigan, within ten (10) days from the
adoption of this resolution.
12383
6. The Mayor and City Clerk of the City of Livonia are
authorized to execute the contract approved by this resolution upon the
expiration of thirty (30) days from the date of publication of this
resolution; unless, under the provisions of Section 5b of Act 342, Public
Acts of Michigan, 1939, as amended, said execution is stayed by reason
of the necessity of prior approval of said contract by the qualified
electors of the City.
7. All resolutions and parts of resolutions insofar as
they conflict with the provisions of this resolution be and the same hereby
are rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman McCann, it was
#777-71 RESOLVED, that having considered a communication from the Budget
Director, dated July 29, 1971, approved for submission by the Mayor Pro
Tem, the Council does hereby accept the following bids for supplying the
City, in co-operation with the Livonia Public Schools, with Fuel Oil:
Sun Oil Company Tank Wagon No. 1 $.1350/Gal.
Sun Oil Company Tank Wagon No. 2 $.1275/Gal.
Sun Oil Company Tank Truck Na. 2 $.1175/Gal.
the same having been in fact the lowest bids received for these items;
further that this action is made subject to and conditioned upon taking
effect in full compliance with such Federal laws and directives as may be
applicable thereto.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Raymond, it was
#778-71 RESOLVED, that having considered a communication from the Budget
Director, dated July 28, 1971, approved for submission by the Mayor Pro
Tem, the Council does hereby accept the following bids under Proposal "A"
to provide the City with Regular and Premium grade gasoline for the
period September 1, 1971 to August 31, 1972:
Regular Premium
Union Oil Co. of Tank Wagon .1500 Tank Wagon .1650
California Transport .1265 Transport .1450
12384
the same having been in fact the lowest bid received for these items,
further that this action is made subject to and conditioned upon taking
effect in full compliance with such Federal laws and directives as may be
applicable thereto.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Raymond, it was
#779-71 RESOLVED, that having considered a communication from the Water &
Sewer Board, dated August 2, 1971, approved by the Budget Director and
approved for submission by the Mayor Pro Tem, which transmits its resolu-
tion WS 1505 6/71, the Council does hereby accept the bid of Universal
Equipment Company, 530 E. Maple Road, Troy, Michigan, for supplying the
Water Department with one new Davey Model 125 Prab Underbody Air Compressor
at a cost of $4,117.00, which includes installation on existing Water
Repair Truck 461, the same having been in fact the lowest bid received for
this item; further, that this action is made subject to and conditioned
upon taking effect in full compliance with such Federal laws and directives
as may be applicable thereto.
A roll call vote was taken on the foregoing resolution with the following result.
LAYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman Bennett, and unanimously
adopted, it was
080-71 RESOLVED, that the Council does hereby request and direct all
City Departments that purchases of all materials, equipment, etc., made
during the period of the Presidential Price Freeze be made in full
compliance with such Federal laws and directives as may be applicable.
By Councilman Ventura, seconded by Councilman Bennett, it was
#781-71 RESOLVED, that having considered communications dated August 8,
1971 and August 12, 1971 from the Livonia Housing Commission, the Council
does hereby concur in and approve of final payment by the Livonia Housing
Commission to the R. E. Dailey Company in the amount of $6475.00, said sum
being the balance due on Contract MICH-55-1 C597 for the construction of
the Senior Citizens High Rise Tower apartment building (Patrick V. McNamara
Towers).
LA roll call vote was taken on the foregoing resolution with the following result
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
12385
By Councilman Brown, seconded by Councilman Ventura., it was
#782-71 RESOLVED, that having considered a communication from the Acting
City Engineer, dated July 26, 1971, approved by the Acting Fire Chief by
the Mayor Pro Tem, and the attached final construction estimate dated
July 20, 1971, the Council does hereby authorize final payment in the
amount of $4195.30 to Hubbs Electric and Plymouth Electrical Contracting,
which sum includes the full and complete balance due on a Contract dated
January 28, 1970 in the amount of $83,906.00 in connection with the
electrical trades work for Fire Stations 5 and 6, it appearing from the
aforementioned report that all work under the said contract has been
completed in accordance with City standards and specifications, and that
the necessary contractor's affidavit, waivers of lien and guaranty have
been filed; and the City Clerk and City Treasurer are hereby authorized to
do all things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Bennett, seconded by Councilman Brown, it was
#783-71 RESOLVED, that having considered a communication from the Chief
of Police and the Director of Public Safety-Police, dated July 26, 1971,
approved by the Mayor Pro Tem and the Budget Director, wherein a request
is made for the transfer of certain funds, the Council does hereby author-
ize the transfer of the sum of $47,000.00 from Account 325-706 to the
following accounts in the following amounts :
Account 304-761 ($12,000.00) Prisoner's Meals
Account 304-709 ($35,000.00) Police Overtime.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Ventura, it was
#784-71 RESOLVED, that having considered a communication from the Director
of Civil Defense, dated July 22, 1971, approved by the Budget Director and
approved for submission by the Mayor Pro Tem, with regard to the transfer
of certain funds, the Council does hereby authorize the transfer of the
sum of $100.00 from Account 429-861 (Auto Allowance) to Account 429-730
(Postage).
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
12386
it was Bennett, seconded by Councilman McCann, and unanimously
adopted,
#785-71 RESOLVED, that having considered a communication from the Water
and Sewer Board dated August 2, 1971, approved for submission by the Mayor
Pro Tem, which transmits its resolution WS 1500 5/71, wherein it is recom-
mended that an amendment to the Livonia Code of Ordinances be adopted with
regard to connection rates for buildings on permits issued prior to
December 1, 1958, the Council does hereby refer the same to the Committee
of the Whole for its consideration.
By Councilman Bennett, seconded by Councilman McCann, and unanimously
adopted, it was
#706-71 RESOLVED, that having considered a communication from the Water
and Sewer Board, dated August 2, 1971, approved for submission by the Mayor
Pro Tem, which transmits its resolution WS 1501 5/71, wherein it is recom-
mended that an amendment to the Livonia Code of Ordinances be adopted with
regard to connection rates for buildings on permits issued after December 1,
1958, the Council does hereby refer the same to the Committee of the Whole
for its consideration.
By Councilman Bennett, seconded by Councilman McCann, and unanimously
adopted, it was
#787-71 RESOLVED, that having considered a communication from the Water
and Sewer Board, dated August 2, 1971, approved for submission by the
Mayor Pro Tem, which transmits its resolution WS 1502 5/71, wherein it is
recommended that an amendment to Section 5-511 Special Rates (sewage
disposal system) of the Livonia Code of Ordinances be adopted, the Council
does hereby refer the same to the Committee of the Whole for its
consideration.
By Councilman Milligan, seconded by Councilman Raymond,it was
#7&8-71 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated August 3, 1971, submitted pursuant to Council Resolu-
tion 598-71, wherein a proposed Motorcycle, Motor-driven cycle or Minibike
Ordinance is submitted, the Council does hereby refer the same to the
Legislative Committee for its report and recommendation.
By Councilman Brown, seconded by Councilman McCann, it was
RESOLVED, that having considered a communication from the Depart-
ment of Law, dated August 3, 1971, submitted pursuant to Council Resolu-
tion 598-71, wherein a proposed Motorcycle, Motor-driven cycle or Minibike
Ordinance is submitted, the Council does hereby determine to refer the
same to the Committee of the Whole.
A roll call vote was taken on the foregoing resolution with the following result:
L12387
AYES: Brown and McCann.
NAYS: Bennett, Ventura, Raymond, Milligan and Nash.
The President declared the motion to refer to the Committee of the Whole denied.
A roll call vote was taken on the original resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Milligan, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated July 14, 1971, which transmits its resolution
No. 6-189-71 adopted by the Commission on June 29, 1971, with regard to
Petition No. 71-4-8-8, submitted by Wah Yee Associates requesting site
plan approval for a shopping center, officecomplex proposed to be located
on the southeast corner of Six Mile Road and Newburgh Road, the Council
does hereby, pursuant to provisions set forth in Section 18.57 of Ordinance
No. 543, as amended, concur in the recommendation of the Planning Commis-
sion and Petition No. 71-4-8-8 is hereby approved, such approval to be
based upon the same conditions as those set forth in the aforesaid action
of the Planning Commission, as well as the additional condition that the
protective wall to be installed on the subject property be constructed of
double face brick material which will match the brick used in the main
structures.
By Councilman Bennett, seconded by Councilman Brown, it was
#789-71 RESOLVED, that having considered a communication from the City
Planning Commission, dated July 14, 1971, which transmits its resolution
No. 6-189-71 adopted by the Commission on June 29, 1971, with regard to
Petition No. 71-4-8-8, submitted by Wah Yee Associates requesting site
plan approval for a shopping center, office complex proposed to be located
on the southeast corner of Six Mile Road and Newburgh Road, the Council
does hereby refer the same to the Committee of the Whole for its considera-
tion at a meeting to be conducted on August 31, 1971 at 8:00 P. M.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Raymond, McCann and Nash.
NAYS: Ventura and Milligan.
The President declared the resolution adopted.
By Councilman Milligan, seconded by Councilman Brown, it was
12388
RESOLVED, that having considered a communication dated June 25,
1971 from Harold Booth, 11422 Cardwell, Livonia, Michigan, 48150, and in
accordance with the provisions of Act 288 of the Public Acts of 1967, as
amended, as well as Section 18.46 of Ordinance No. 543, as amended, the
Council does hereby determine to deny the request for the splitting of
Lot 298, Seven Mile Super Highway Subdivision and combination with lots
297 and 299, since the same would create two parcels which would be in
violation of the City's Zoning Ordinance.
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Brown and Milligan.
NAYS: Bennett, Ventura, Raymond, McCann and Nash.
The President declared the motion denied.
By Councilman Ventura, seconded by Councilman Bennett, it was
#790-71 RESOLVED, that having considered a communication dated June 25,
1971 from Harold Booth, 11422 Cardwell, Livonia, Michigan, 48150, and in
accordance with the provisions of Act 288 of the Public Acts of 1967, as
amended, as well as Section 18.46 of Ordinance No. 543, the Council does
hereby find that the proposed splitting of Lot 298, Seven Mile Super
Highway Subdivision and combination with Lots 297 and 299 would not be
contrary to the spirit and purpose of the aforesaid Ordinance and does,
accordingly, approve of dividing of same into two parcels, the legal
descriptions of which shall read as follows :
Parcel A
Lot 297 and the North 23 feet of Lot 298, Seven Mile Super Highway
Subdivision, City of Livonia, Wayne County, Michigan, according to
the Plat thereof as recorded in Liber 53, Page 50 of Plats, Wayne
County Records.
and
Parcel B
Lot 299 and the South 22 feet of Lot 298, Seven Mile Super Highway
Subdivision, City of Livonia, Wayne County, Michigan, according to
the Plat thereof as recorded in Liber 53, Page 50 of Plats, Wayne
County Records.
as shown on the map attached to the aforesaid communication which is made
a part hereof by this reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office
of the Wayne County Register of Deeds.
12389
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bennett, Ventura, Raymond, McCann and Nash.
NAYS: Brown and *Milligan.
The President declared the resolution adopted.
*Councilman Milligan made the following statement: My 'no' vote is cast
because it will create parcels which would be in violation of the City's Zoning
Ordinance, as reported by both the City Assessor and the Planning Department.
By Councilman McCann, seconded by Councilman Bennett, it was
#791-71 RESOLVED, that having considered a communication from the Person-
nel Director, dated July 30, 1971, approved by the Mayor Pro Tem and the
Budget Director, which transmits a resolution adopted by the Civil Service
Commission on July 20, 1971, wherein it is recommended that certain
proposed rate adjustments for various temporary and Parks and Recreation
classifications be made effective commencing on July 1, 1971, the Council
does hereby determine to concur in and approve of such action wherein
such rate adjustments shall be made retroactive to and commencing from
July 1, 1971; further, that this action is made subject to and conditioned
upon taking effect in full compliance with such Federal laws and
AND
directives as may be applicable thereto.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Bennett, and unanimously
adopted, it was
#792-71 RESOLVED, THAT HAVING considered a communication dated August 16,
1971 from representatives of the Livonia Gardens Subdivision No. 1, and
before determining to install a street improvement consisting of deep
strength asphalt with concrete curb and gutter on all north and south
streets, including Jamison, and a base stabilization on Elsie and Barkley
in the Livonia Gardens Subdivision No. 1 in the City of Livonia, the cost
of which is to be defrayed by special assessment, the City Engineer is
hereby requested 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 now vacant, and to prepare and 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,
pursuant to the provisions of Section 2-506 of the Livonia Code of
Ordinances, as amended.
ar,
12390
By Councilman Bennett, seconded by Councilman Brown, and unanimously
adopted, it was
#793-71 RESOLVED, that having considered a communication dated August 16,
1971 from representatives of the Livonia Gardens Subdivision No. 1, the
Council does hereby request the City Engineer, Director of Public Works
and the Traffic Commission to submit their report and recommendation
relative to the vacation of side streets located in this area, and particu-
larly Elsie, Jamison and Barkley, such report to be submitted prior to the
Public Hearing on the paving of the streets in Livonia Gardens Subdivision
No. 1.
By Councilman Milligan, seconded by Councilman McCann, it was
#794-71 RESOLVED, that having considered a communication from the City
Engineer, dated August 11, 1971, approved by the Director of Public Works
and approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Mon-TonCCnci'crtefor installing sidewalks and walkways
under the 1971 Miscellaneous Sidewalk Program for the estimated total cost
of $8738.90 based on the Engineering Division's estimate of units of work
involved and subject to final payment based on the actual units of work
as constructed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this work; and the Council does hereby authorize an advance in an
amount not to exceed $8738.90 from 9.8 Million Dollar Street and Road
General Obligation Bond Issue, subject to reimbursement of the same to the
extent made available for sidewalks installed from the subdividers' cash
deposits as well as proceeds received pursuant to the single lot assess-
ments at such time as the same are collected; and the Director of Public
Works is hereby authorized to approve all minor adjustments in the work
as completed; and the Mayor and City Clerk are hereby authorized to execute
a contract for and on behalf of the City of Livonia with the aforesaid
bidder and to do all other things necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Ventura, it was
#795-71 RESOLVED, that having considered the report and recommendation
dated June 21, 1971 from the City Planning Commission which sets forth its
resolution No. 5-141-71 in regard to Petition No. 71-3-1-12 submitted by
Angelo Mazzocco for a change of zoning on property located at the north-
west corner of Schoolcraft and Stark Road in the S.E. 1/4 of Section 21,
from R-2 to P.S., and the Council having conducted a public hearing with
haw
regard to this matter on August 9, 1971, pursuant to Council Resolution
No. 617-71, the Council does hereby concur in the recommendation of the
12391
Planning Commission and the said Petition Noy 71-3-1-12 is hereby approved
and granted; and the City Planner is hereby instructed to cause the
necessary map for publication to be prepared indicating the zoning change
herein approved and to furnish the same to the Department of Law and,
upon receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance No. 543, as amended, in accordance with this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: McCann.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Brown, it was
#796-71 RESOLVED, that having considered the report and recommendation
dated June 7, 1971 from the City Planning Commission which sets forth
its resolution No. 4-125-71 in regard to Petition 71-3-1-14 submitted by
the City Planning Commission on its own motion for a change of zoning on
property located on the west side of Farmington Road, north of Joy Road
in the S.E. 1/4 of Section 33, from P. L. to R-1, and the Council having
conducted a public hearing with regard to this matter on August 9, 1971,
pursuant to Council Resolution No. 608-71, the Council does hereby concur
in the recommendation of the Planning Commission and the said Petition
71-3-1-14 is hereby approved and granted, and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance No. 543, as
amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Bennett, seconded by Councilman Ventura, it was
#797-71 RESOLVED, that having considered the report and recommendation
dated June 3, 1971 from the City Planning Commission which sets forth its
resolution No. 4-115-71 in regard to Petition 71-3-1-18 initiated by
Council Resolution No. 900-69 pursuant to Section 23.01(a) of Ordinance
No. 543, as amended, for a change of zoning on property located adjacent
to Bainbridge Avenue between Five Mile Road and Lyndon Avenue in the N. W.
1/4 of Section 23, from RUF to R-3, and the Council having conducted a
public hearing with regard to this matter on August 9, 1971, pursuant to
Council Resolution No. 608-71, the Council does hereby concur in the recom-
mendation of the Planning Commission and the said
Petition 71-3-1-18 is hereby denied-for -the same~reasons as those set
forth in the action taken by the Planning Commission.
12392
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Bennett, it was
# 798-71 RESOLVED, that having considered the report and recommendation
dated June 3, 1971 from the City Planning Commission which sets forth its
resolution No. 4-114-71 in regard to Petition 71-3-1-17 initiated by
Council Resolution No. 1044-70 pursuant to Section 23.01(a) of Ordinance
No. 543, as amended, for a change of zoning on property located south of
Plymouth Road between Stark and Wayne Roads in the N. W. 1/4 of Section
33, from RUF to R-1, and the Council having conducted a public hearing
with regard to this matter on August 9, 1971, pursuant to Council Resolu-
No. 608-71, the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 71-3-1-17 is hereby denied for
the same reasons as those set forth in the action taken by the Planning
Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
The communication from the Planning Commission dated July 28, 1971,
submitted pursuant to Council Resolution No. 510-71, relative to Lots 62 and 85 of
Brightmoor Home Acres Subdivision, was received and filed for the information of
the Council.
The communication dated July 28, 1971 from the Planning Commission
pa suant to Council Resolution 188-71, relative to Petition 71-3-7-9, was received
and filed for the information of the Council.
The following resolution was unanimously introduced, supported and adopted.
#799-71 RESOLVED, that having considered a communication from Mrs. Fred
Keener of 14386 Houghton Avenue, Livonia, Michigan, dated August 6, 1971,
with an attached petition of residents in the area, the Council does
hereby grant permission to the residents of Houghton Avenue to hold their
Annual Block Party on Houghton between Mason and Lyndon on September 4,
1971, between the hours of 5:00 P. M. to 11:00 P. M., subject to the
approval of the Director of Public Safety-Police.
12393
By Councilman Ventura, seconded by Councilman Bennett, it was
#800-71 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated June 11, 1971, and the report and recom-
mendation of the Acting Chief of the Livonia Division of Police, dated
August 5, 1971, in connection therewith, the Council does hereby approve
of the request from Woodland Lanes, Inc. for transfer of ownership of 1970
Class C Licensed Business from Evelyn Konczal and transfer of location
from escrow at 33880 Plymouth Road, Livonia, to 33775 Plymouth Road,
Livonia, Michigan 48150, Wayne County, and to add a Dance Permit to the
above License; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control Commis-
sion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bennett, it was
#801-71 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated July 27, 1971, and the report and recom-
mendation of the Acting Chief, Livonia Division of Police, dated August
12, 1971, in connection therewith, the Council does hereby approve of the
request from Howard's Drugs, Inc. for transfer of ownership of 1971
SDM SDD Licensed Business from Howard J. Ehrlichman, located at 27416 W.
Six Mile Road, Livonia, Michigan; and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan Liquor
Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
Councilman Milligan gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 27 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
N0. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE:
PETITION NO. 69-6-1-17 FOR CHANGE OF
ZONING FROM RUF TO M-1.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
12394
The above Ordinance was paced on the table for consideration at the next regular
aim
meeting of the Council.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 71-6-3-5)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Raymond, seconded by Councilman McCann, it was
#802-71 RESOLVED, that having considered a communication dated August 5,
1971 from the Department of Law, submitted pursuant to council resolution
#654-71, transmitting for acceptance a Warranty Deed dated July 30, 1971
executed by Arthur D. Levitt and Ruth B. Levitt, his wife; Charles A.
Pizer and Mollie S. Pizer, his wife; and Lawrence R. Pizer and Ruth L.
Pizer, his wife, conveying City Park Site Designation E-25 which park site
is more particularly described as :
West 1/2 of west 1/2 of west 1/2 of southwest 1/4
of Section 4, and east 10 acres of southeast 1/4 of
Section 5, town 1 south, range 9 east, City of Livonia,
Wayne County, Michigan, containing 30 acres, more or
less.
Subject to the rights of the public and of any governmental
unit in any part thereof taken, used or deeded for street,
road or highway purposes. (Tax Item Nos. 011-BB and 05K2)
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Warranty Deed and the City Clerk is hereby requested to
have the same recorded in the Office of the Wayne County Register of Deeds
and to do all other things necessary or incidental to the full performance
of this resolution, further, the City Assessor is hereby requested to do
all things necessary to have the subject property removed from the tax
roll as being city owned and exempt.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman McCann, it was
12395
arm 4803-71 RESOLVED, that having considered a communication dated August 5,
1971 from the Department of Law, submitted pursuant to council resolution
#653-71, transmitting for acceptance a Warranty Deed dated August 4, 1971
executed by Dr. R.J. Mendelssohn and Pauline K. Mendelssohn, his wife,
and Leonard Simons and Sarah Simons, his wife, conveying City Park Site
Designation E-24 which part site is more particularly described as:
The North 10 acres of the West 1/2 of the East 3/4 of
the West 1/2 of the Southwest 1/4 of Section 4, Town 1
South, Range 9 East, City of Livonia, Wayne County,
Michigan. (Tax Item 04CC)
The South 10 acres of the North 20 acres of the West 1/2
of the East 3/4 of the West 1/2 of the Southwest 1/4 of
Section 4, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan. (Tax Item 04DD)
The South 10 acres of the West 1/2 of the East 3/4 of the
West 1/2 of the Southwest 1/4 of Section 4, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan.
(Tax Item 04EE)
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Warranty Deed and the City Clerk is hereby requested to have
the same recorded in the Office of the Wayne County Register of Deeds
and to do all other things necessary or incidental to the full performance
of this resolution, further, the City Assessor is hereby requested to do
all things necessary to have the subject property removed from the tax
rolls as being city owned and exempt.
A roll call vote was taken on the foregoing resolution with the following result .
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
4804-71 RESOLVED, that having considered a communication received by the
office of the City Clerk on August 17, 1971 from John F. Dooley, attorney
for William Titus and John Giacobozzi, which in accordance with the pro-
visions of Section 19.08 of Ordinance No. 543, as amended, the Zoning
Ordinance, takes an appeal from a determination made on August 10, 1971 by
the City Planning Commission in its resolution No. 8-216-71 with regard
to Petition No. 71-6-2-22, submitted by William Titus and John Giacobozzi,
requesting permission to construct and operate an auto wash with accessory
gasoline pumps as a waiver use on property zoned C-2 and located on the
south side of Five Mile Road between Santa Anita and Cavell in Section 24,
12396
the Council does hereby designate Monday, October 11, 1971 at 8:00 P. M.
as the date and time for conducting a Public Hearing with regard to this
matter, such hearing to be held at the City Hall, 33001 Five Mile Road,
Livonia, Michigan; and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing
and the date and place thereof, in compliance with the requirements set
forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City
of Livonia.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#805-71 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in council resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
By Councilman Ventura, seconded by Councilman McCann, it was
#806-71 RESOLVED that, Republic Development Corporation, 14201 W. Eight
Mile, Detroit, Michigan, as proprietors, having requested the City Council
to approve the proposed preliminary plat of the following subdivision:
Parkridge Subdivision, located in the N. W. 1/4 of Section 19, City of
Livonia, the said proposed preliminary plat being dated June 29, 1970, and
it further appearing that tentative approval of such preliminary plat was
given by the City Planning Commission, after due notice and a public hear-
ing on July 7, 1970, and it further appearing that such preliminary plat,
together with Development Plans and Specifications for improvements therein
having been examined and approved by the Department of Public Works as
is set forth in the report of that department dated August 13, 1971,
therefore, the City Council does hereby approve of the said preliminary
plat on the following conditions :
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the provisions
of the ordinances of the City of Livonia, ionFreltde n the Pl t Ordinance,
Ordinance No. 500, as amended; the subdivision glzY. /aeaCgica-
tions of the Department of Public Works and the development plans submit-
ted by the proprietor and approved by such Department; all such improve-
ments to be constructed, installed, accomplished and completed within a
period of two (2) years from the effective date of this resolution,
failing this, the approval contained herein shall be considered null, void
and of no effect whatsoever,
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid in the time and manner provided in the
said Plat Ordinance, as amended;
(3) That the installation of such improvements shall be subject
at all times to the supervision and inspection and final approval of the
Department of Public Works and such improvements shall not be considered
as having been satisfactorily and completely installed until there is
filed with the City Council the certificate as provided in Section 7.03
of said Plat Ordinance, as amended;
12397
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and
in the prescribed manner, all improvements required to the extent required
by the City of Livonia and as shown on the approved development plans,
(5) That the following cash payments be made to the City:
a) Trees $1,419.25
b) Traffic Control Signs 96.75
c) Street Name Signs 375.00
d) Plan review, field inspection and administration
(5% before contingencies) 7,500.00
e) Survey Monuments (Cash Escrow)(Includes lot
corners) 1,870.00
f) Parksite Improvement -- 3.9 acres (including
grading, 3" topsoil and Class "A" seeding)
(To be held in escrow until completion
and acceptance of the improvement) 9,500.00
(6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
subdivision regulations;
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council within
two (2) years from the effective date of this resolution; the City Council
air
shall approve final plats of the aforesaid proposed subdivision if drawn
in substantial conformity with the proposed plat as approved herein and
provided there has been compliance with all other requirements of the Plat
Act., Plat Ordinance, and this resolution;
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements, the proprietor may
file with the City of Livonia, surety bond, certified check, cash bond
or other financial assurance in such form as may be approved by the Depart-
ment of Law, guaranteeing the satisfactory installation of all such
improvements, utilities and grading by the proprietor within the prescribed
period; that in the event the proprietor elects to deposit such financial
assurances, the same shall be in the following amounts; and the Council
specifically authorizes and approves of the posting of financial
assurances in the following manner:
I. Post with the City Clerk, a bank Letter of Credit for:
A. The cash portion of the General Improvements $10,000.00
B. The cash portion of the Sidewalk Improvements 4,000.00
C. Survey Monuments and Lot Corners 1,870.00
Total $15,870.00
II. Post a personal bond guaranteed by Abe Green,
Aubrey H. Ettenheimer, Leonard R. Farber and
Howard M. Binkow for:
A. General Improvements $132,000.00
B. Sidewalk Improvements 9,400.00
Total $141,400.00
12398
(9) That the distribution lines for telephone and electric
service are to be placed underground and ornamental street lights are to
be provided throughout the subdivision, in accordance with City Ordinances.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Milligan, it was
#807-71 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 68, for the
installation of sidewalks along both sides of Farmington Road, between
Five Mile Road and Eight Mile Road, in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and Title 2,
Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing
thereafter having been held thereon on Wednesday, January 15, 1969, at
7.00 p. m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and
the City Council having duly met and reviewed the special assessments
levied on the special assessment roll as prepared by the City Assessor
to cover the district portion of the cost of sidewalk improvements to be
constructed in Special Assessment District No. 68; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED THAT:
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated November 13,
1968, as amended and revised by a letter dated February 10, 1971
from the City Engineer, in the amount of $58,032.52 are fair and
equitable and based upon benefits to be derived by construction
of improvements proposed in said district, in accordance with
the plans of the City Engineer and resolutions of the City
Council;
(2) Said Special Assessment Roll No. 68, as revised, is hereby
approved and confirmed in all respects, with the exception of
those changes made, authorized and set forth in Council Resolu-
tions 531-71 and 754-71;
(3) The amount of said roll shall be divided into five (5) equal
annual installments with interest at the rate of six per cent
(6%) per annum on the unpaid balance of the assessment from sixty
(60) days after December 1, 1971. In such cases where the
installments shall be less than Ten Dollars ($10.00), the number
of installments shall be reduced so that each installment shall
be above and as near Ten Dollars ($10.00) as possible. The first
installment shall be due and payable December 1, 1971, and
subsequent installments on December 1st of succeeding years,
12399
(4) Pursuant to the provisions of Section 2-513 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse the
date of confirmation on the assessment roll, as revised, and the
said revised assessment roll shall then be immediately transmitted
to the City Treasurer who shall then publish notice as is required
by Section 2-519 of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective property owners
assessed in the manner and substance as provided by said Section
2-519. Any property owner assessed may, within sixty (60) days
from December 1, 1971 pay the whole or any part of the assessment
without interest or penalty,
(5) The first installment shall be spread upon the 1971 City tax
roll in the manner required by Section 2-521 of the Livonia Code
of Ordinances, as amended, together with interest upon all unpaid
installments from sixty (60) days after December 1, 1971 and
thereafter one (1) installment shall be spread upon each annual
tax roll together with one (1) year's interest upon all unpaid
installments, provided, however, that when any annual installment
shall have been prepaid in the manner provided by Section 2-520,
or after the expiration of the sixty (60) day period as provided
by Section 2-523 then there shall be spread upon the tax roll for
such year only the interest for all unpaid installments,
(6) The City Council having determined to pay the entire cost of
the City's share within the said district, the sum of $13,684.56
is hereby authorized to be expended from the 9.8 Million Dollar
General Obligation Street-Road Bond Issue to cover the City's
share of said project;
and further, the City Treasurer is hereby requested to do all things
necessary or incidental to fulfill the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Milligan, Raymond, McCann and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Milligan, it was
#808-71 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 84 for the
installation of sidewalks along both sides of Farmington Road from
Schoolcraft to Five Mile Road in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and Chapter 5,
Title 2 of the Livonia Code of Ordinances, as amended, a public hearing
thereafter having been held thereon on May 28, 1969 at 7.00 p. m. at the
City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessment levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of sidewalk improvements to be constructed in Special
Assessment District No. 84, and
12400
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated April 15, 1969,
as amended and revised by a letter dated February 10, 1971 from
the City Engineer, in the amount of $29,251.53 are fair and
equitable and based upon benefits to be derived by construction
of improvements proposed in said district, in accordance with
the plans of the City Engineer and resolutions of the City Council;
2. Said Special Assessment Roll No. 84, as revised, is hereby
approved and confirmed in all respects;
3. The amount of said roll shall be divided into five (5) equal
annual installments with interest at the rate of six per cent
(6%) per annum on the unpaid balance of the assessment from
sixty (60) days after December 1, 1971. In such cases where
the installments will be less than Ten Dollars ($10.00), the
number of installments shall be reduced so that each install-
ment shall be above and as near Ten Dollars ($10.00) as
possible. The first installment shall be due and payable
December 1, 1971, and subsequent installments on December 1st
of succeeding years;
4. Pursuant to the provisions of Section 2-513 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse
the date of confirmation on the assessment roll, as revised,
and the said revised assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish
notice as is required by Section 2-519 of the Livonia Code of
Ordinances, as amended, and mail assessment statements to the
respective property owners assessed in the manner and substance
as provided by said Section 2-519. Any property owner assessed
may, within sixty (60) days from December 1, 1971 pay the
whole or any part of the assessment without interest or
penalty,
5. The first installment shall be spread upon the 1971 City tax
roll in the manner required by Section 2-521 of the Livonia
Code of Ordinances, as amended, together with interest upon
installments from sixty (60) days after December 1, 1971, and
thereafter one (1) installment shall be spread upon each
annual tax roll together with one (1) year's interest upon all
unpaid installments; provided, however, that when any annual
installment shall have been prepaid in the manner provided in
said Title 2, Chapter 5 of the Livonia Code of Ordinances,
as amended, either within the sixty (60) day period as
provided by Section 2-520, or after the expiration of the sixty
(60) day period as provided by Section 2-523, then there shall
be spread upon the tax roll for such year only the interest
for all unpaid installments,
12401
6. The City Council having determined to pay the sum of $3300.00
as the City's proportion of the cost and expense of this
improvement within the said district, the sum of $3300.00 is
hereby authorized to be expended from the 9.8 Million Dollar
General Obligation Street and Road Bond Issue to cover the
City's cost of said project.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Raymond, it was
#809-71 RESOLVED, that, Nelson Dembs, 24370 Northwestern Highway,
Southfield, Michigan, as proprietors, having requested the City Council to
approve the proposed preliminary plat of the following Subdivision:
Linden Park Subdivision, located in the South 1/2 of Section 32, City of
Livonia, the said proposed preliminary plat being dated December 15, 1970;
and it further appearing that tentative approval of such preliminary plat
was given by the City Planning Commission, after due notice and a public
hearing on December 15, 1970; and it further appearing that such prelimin
ary plat, together with Development Plans and Specifications for improve-
ments therein have been examined and approved by the Department of Public
Works as is set forth in the report of that department dated August 24,
1971; therefore, the City Council does hereby approve of the said prelimin-
ary plat on the following conditions :
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the provisions
of the ordinances of the City of Livonia, including the Plat Ordinance,
Ordinance No. 500, as amended, the subdivision regulations of the Planning
Commission, the regulations and specifications of the Department of Public
Works and the development plans submitted by the proprietor and approved
by such Department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from the
effective date of this resolution; failing this, the approval contained
herein shall be considered null, void and of no effect whatsoever,
(2) That all inspection fees and other charges due to the City of
Livonia shall be fully paid in the time and manner provided in the said
Plat Ordinance, as amended;
(3) That the installation of such improvements shall be subject
at all times to the supervision and inspection and final approval of the
Department of Public Works and such improvements shall not be considered
as having been satisfactorily and completely installed until there is
filed with the City Council the certificate as provided in Section 7.03
of said Plat Ordinance, as amended;
12402
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and
in the prescribed manner, all improvements required to the extent required
by the City of Livonia and as shown on the approved development plans,
(5) That the following cash payments be made to the City:
a) Trees $1,979.25
b) Traffic Control Signs 162.00
c) Street Name Signs 450.00
d) Plan review, field inspection and administration
14,302.00
e) Survey Monuments and Lot Corners 1,875.00
f) Parksite Improvement (To be held in escrow
until completion and acceptance of improvement
1,300.00
(6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
subdivision regulations,
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council within
L two (2) years from the effective date of this resolution, the City Council
shall approve final plats of the aforesaid proposed subdivision if drawn
in substantial conformity with the proposed plat as approved herein and
provided there has been compliance with all other requirements of the Plat
Act, Plat Ordinance, and this resolution.
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements, the proprietor may
file with the City of Livonia, surety bond, certified check, cash bond or
other financial assurance in such form as may be approved by the Depart-
ment of Law, guaranteeing the satisfactory installation of all such improve-
ments, utilities and grading by the proprietor within the prescribed
period, that in the event the proprietor elects to deposit such financial
assurances, the same shall be in the following amounts :
General Improvement Bond - $295,000.00 of which at least
10,000.00 shall be in cash.
Sidewalk Bond 19,000.00 of which at least
3,800.00 shall be in cash.
(9) That the distribution lines of telephone and electric service
are to be placed underground and ornamental street lights are to be
provided throughout the subdivision, in accordance with City Ordinances.
L A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Bennet it wa 12403
#810-71 RESOLVED, that the Council does hereby determine to refer the
matter relative to the Final Plat approval of Tiffany Park Subdivision
No. 6 to the regular meeting to be conducted on September 8, 1971.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Raymond and McCann.
NAYS: Ventura, Milligan and Nash.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Raymond, and unanimously
adopted, it was
#811-71 RESOLVED, that the Council does hereby request that the Traffic
Commission investigate, review and thereafter submit its report and
recommendation to the Council with regard to the need and desirability of
establishing two southbound lanes of traffic permitting left hand turns
on Merriman Road at its intersection with Plymouth Road.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, this 717th regular meeting of the Council of the City of Livonia was duly
adjourned at 10.40 p. m., August 25, 1971.
4,
ADDISON W. BACO , i ,k C - k.