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HomeMy WebLinkAboutCOUNCIL MINUTES 1961-08-09 SPECIAL Page 1910 MINUTES OF THE SIXTY-FIFTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held on August 9, 1961, at 33001 Five Mile Road, Livonia, Michigan, and was cared to order by the President of the Council at approximately 8:31.. P. M. Roll was called with the following result: Present-- Sydney B. Bagnall, John T. Daugherty, Rudolf R. Kleinert, Austin T. Grant, Jack Salvadore and James R. McCann. Absent-- William N. Ponder. Councilman Daugherty introduced the following emergency Ordinance, which was read in full by Charles J. Pinto, City Attorney: NO. 3)4)4 AN ORDINANCE ESTABLISHING AND FIXING CONNECTION RATES TO USERS AND BENEFICIARIES OF 1 HE ROUGE VALLEY SEWAGE DISPOSAL SYSTEM OF THE COUNTY OF WAYNE, AND PROVIDING FOR THE ALLOCATION AND USE OF THE REVENUES DERIVED FROM THE COLLE CTI ON OF SUCH RATES. WHEREAS, the City of Livonia, together with fourteen (14) other municipalities in the County of Wayne, has entered into a contract with the County of Wayne, Michigan, by its Board of Public Works, pursuant to the authority provided in Act 187, Public Acts of 1957, as amended, for the financing and cors truction of additional necessary inter- ceptor sewers to collect sanitary sewage for final disposal and treatment in the sewage treatment facilities of the City of Detroit, said system of interceptor sewers and facilities, together with certain existing facilities, being known and designated by resolution of the Board of Supervisors of Wayne County, duly adopted on November 29, 1960, as the "Rouge Valley Sewage Disposal System," which additional interceptor facilities are vitally necessary for the public health of the citizens of the City, as well as the other contracting municipalities; and WHEREAS, the contract allocation of cost to the City of Livonia is based upon 25.77% of 93.1417.% of the total cost of such additional facilities, the presently estimated total cost being $18,000,000.00; and WHEREAS, the County, pursuant to the authorization provided by said Act 187, PublicActs of 1957, as amended, and appropriate resolution of its Board of Supervisors is in the process of issuing bonds in the aggregate principal amount of 516,815,000.00, representing said 93.117% of the presently estimated total cost, which bonds will mature over a period of forty (14.0) years, with interest, and by s aid contract the City is oblif ated to pay 25.77% of the principal of and interL.st on said bonds as Imo they mature; and WHEREAS, said Act 187, Public Acts of 1957, as amended (Section 12 thereof) authorizes the City to raise funds needed to meet its contractual commitments as a Page 4911 credit against the required tax levy, by any one or more of several methods including the following (quotation): "(a) by the exaction of charges for the connection of properties, directly and indrectly to the system;" and WHEREAS, the entire sanitary sewer system has been operated on a public utility rate basis since the adoption of Ordinance No. 224 of the City on October 20, 1958, which ordinance is still in full force and effect, as subsequently amended, and the City Council is of the opinion that the policy followed since said time should continue to be followed and that reasonable connection rates should be charged to premises already connected and hereafter connecting to the sanitary s ewers of the City in order to provide funds needed to pay the City's allocated share of the cost of the necessary new facilities for the Rouge Valley Sewage Disposal System, the sanitary sewers in the City being connected either directly or indirectly with the interceptor sewers of said Rouge Valley Sewage Disposal System. THE CITY OF LIVONIA ORDAINS: Sects on 1. 12Tyne County Connection Rate; Establishment. Property and premises in the City of Livonia not actually and physically connected to the sanitary sewers of the City of Livonia before the effective date of this ordinance and hereafter connecting to any of the sanitary sewers of the City shall pay, in addition to other rates and charges lawfully established, a connection rate for the privilege of using the enlarged and improved collecting facilities of the Rouge Valley Sewage Disposal System of the County of Wayne, which connection rate shall be separately designated as the "Wayne County Connection Rate," established and fixed as follows: (a) For all houses and residential dwellings the building permit for which issued on or after December 1, 1958, the rate shall be Two Hundred Dollars ($200.00); (b) For all other bui ldings, whether industrial, commercial or professional including multiple dwellings, not already physically connected to the sanitary sewers of the City, the rate shall be either Two Hundred Dollars ($200.00), or Thirty-five Dollars ($35.00) per acre per year for ten (10) years, whichever is the larger sum. In either case, such sum shall be billed and paid in quarterly installments at the same time (as a separate item designated "Wayne County Connection Rate") and in the same manner as sewage disposal rates are billed by the City pursuant to Ordinance No. 224 of the City as now or hereafter amended. Such rates shall be subject to the same penalties for non-payment as are now established for sewage disposal rates in Ordinance No. 224 of the City, as now or hereafter amended. Said connection rates may be paid in full at any time, in which case the remaining installments will not be billed. Section 2. Wayne County Connection Rate; Existing Users. All property and premises heretofore connected to any sanitary sewer located within the corporate limits of the City of Livonia shall also pay, in addition to other rates and charges Page 4912 lawfully established, a Jayne County connection rate established and fixed as follows: (a) For all houses and residential dwellings, the rate shall be Eighty Dollars ($80.00) payable in equal quarterly installments over a period of forty (L0) years; and (b) For all other buildings, whether industrial, commercial or professional including multiple dwell- ings, the rate shall be either One Hundred Dollars ($100.00) or Eighteen Dollars ($18.00) per acre per year for ten (10) years, whichever is the larger suml payable in equal quarterly installments . Said sums shall be billed quarterly at the same time (as a separate item designated "Wayne County Connection Rate) and in the same manner as sewage disposal rates are billed in the City pursuant to Ordinance No. 224 of the City, as now or hereafter amended. Such rates shall be subject to the same penalties for non-payment as are presently established for sewage disposal rates pursuant to Ordinance No. 224 of the City, as now or hereafter amended. Said connection rate may be paid in full at any time, in which event the remaining installments shall not be billed as herein provided. Section 3. Method and Time for Payment. Except as hereinbefore otherwise provided, such Wayne County connection rate shall be payable in cash no later than the time when final inspection is requested of the connection to the sanitary sewers or facilities located within the corporate limits of the City and no final inspection shall be made until such rate has been paid in full or an agreement executed by the applicant to pay over a period of ten (10) years as hereinbefore provided. Section 4. Separate Revenue Account. All moneys received from the collection of said Wayne County Connection Rate shall be deposited by the City Treasurer in a separate bank account and used solely and only for the payment of the City's obligation to pay its allocated share of the cost of the new facilities for the Roue Valley Sewage Disposal System represented by the principal amount of bonds issued by the County of Wayne to pay the cost thereof, and the interest thereon, all as provided in the contract referred to in the preamble hereof. Moneys on hand in said separate bank account at the time of the annual tax levy of the City may be applied to reduce its tax levy requirement provided by law and contract for payment of its current obligations under said contract. Section 5. Effective Date. The Wayne County Connection Rates herein pro- vided shall become effective on and after the effective date of this ordinance. Section 6. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealedonly to the extent necessary to give this ordinance full force and effect. Sectipn 7. Severability. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portion of this ordinance. Section 8. Emergency Clause. This ordinance is hereby declared tote an emergency ordinance necessary to the protection of the public health, safety and welfare and shall take effect immediately on publication. Page 4913 The second reading of Ordinance No. 3)!)! was given by Councilman Daugherty by title only. A roll call vote was conducted on the foregoing Ordinance with the following result: AYES: Daugherty, Kleinert, Grant,Salvadore, McCann and Bagnall. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. On motion of Councilman Kleinert, seconded by Councilman Grant and unanimously adopted, this 65th Special Meeting of the Council of the City of Livonia was duly adjourned at 9:09 P. M., August 9, 1961. / -- Marie Clark, City Clerk lbw