HomeMy WebLinkAboutCOUNCIL MINUTES 1958-09-29 Page 3584
MINUTES OF THE TWO HUNDRED FIFTY-EIGHTH REGULAR MEETING
OF THE C UNCIL OF THE CITY OF LIVONIA
On September 29, 1958, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order by the President at approximately 8:18 P. M.
Councilman Sasser delivered the invocation. Roll was called with the following result:
Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert,
Robert Sasser and James R. McCann. Absent-- *Jack Salvadore.
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#623-58 RESOLVED that, the minutes of the 257th regular meeting of the
Council of the City of Livonia held September 22, 1958, are hereby approved.
By Councilman Bagnall, seconded by Councilman McCann, it was
#624-58 RESOLVED that, the Grant of Easement by and between Emma Johnson
and Custom Land Company, a Michigan Corporation, as Grantors, and the North-
east Construction Company, Inc., and the City of Livonia, as Grantees, wherein
the grantees are given a 27 foot easement across a portion of Parcels 16G and
16H in the City of Livonia for the purpose of installing and maintaining a
certain sanitary sewer, is hereby approved; and the Mayor and City Clerk are
herein authorized to sign such easement for and on behalf of the City of
Livonia and to do all other things necessary to the full performance of this
resolution; provided, however, that the Council does herein approve of the
relocation and redesign of such sanitary sewer line so as to allow same to
be installed in the easement referred to herein; and provided further, that
the acceptance of this easement and the approval of such design is based on
an understanding by and between the City of Livonia and the Northeast Con-
struction Company that the contract price contained in the contract between
such parties dated August 26, 1958, is to be reduced by the sum of approxi-
mately $1,800.00.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: None.
*Councilman Jack Salvadore arrived at 8:22 P. M.
Councilman Sasser introduced the following Ordinance:
NO.
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AN ORDINANCE COMBINING ALL SEWAGE DISPOSAL FACILITIES OF THE CITY
OF LIVONIA INTO A SINGLE SEWAGE DISPOSAL SYSTEM; PROVIDING FOR THE
MAINTENANCE AND OPERATION OF SAID SYSTEM ON A PUBLIC UTILITY BASIS;
PROVIDING FOR THE FIXING AND COLLECTION OF RATES AND CHARGES TO
USERS AND BENEFICIARIES OF SAID SYSTEM AND CERTAIN STORM SEWERS
CONSTRUCTED; PROVIDING FOR THE ALLOCATION AND USE OF THE REVENUES
DERIVED FROM THE COLLECTION OF SUCH RATES AND CHARGES; PROHIBITING
UNAUTHORIZED CONNECTIONS, PROVIDING PENALTIES FOR THE VIOLATION
THEREOF, AND REPEALING CERTAIN PRIOR ORDINANCES.
WHEREAS, the City of Livonia has heretofore acquired and is now operating
and maintaining separately identified sewage disposal systems in said City identified
as follows:
(a) Sewage Disposal System No. I consisting of those facilities
specified in Ordinance No. 26 of the City of Livonia, as amended,
duly adopted on January 29, 1951, which facilities are located in
the southeast portion of the City.
(b) Sewage Disposal System No. II consisting of those facilities
specified in Ordinance No. 42 of the City of Livonia, duly adopted
on January 21, 1952,wnich facilities are located in the southwest
portion of the City.
That said facilities have been constructed and are in operation in said City,
and users of said facilities are paying rates and charges for the services furnished
as specified in said ordinances. That revenue bonds in the aggregate principal amount
of $770,000.00 were issued to pay the cost of sewage facilities in Sewage Disposal
System No. I, and in the aggregate principal amount of $325,000.00 to pay the cost of
the sewage facilities in Sewage Disposal System No. II;
AND WHEREAS, pursuant to contract with the Board of County Road Commissioners
of the County of Wayne, acting for an in behalf of the County of Wayne, dated as of
March 21, 1955, and supplemental contract dated as of August 24, 1955, (both hereinafter
referred to for brevity as "Contract"), the City will acquire addi tional major sewer
and sewage disposal facilities in the central and northeast sections of the City
described with particularity and detail in said contract entered into pursuant to the
provisions of Act 342, Public Acts of Michigan, 1939, as amended; and
WHEREAS, under the authorization contained in the above-described contract
and Act 312, Public Acts of Michigan, 1939, as amended, the County of Wayne, by
action of its Board of Supervisors has adopted the necessary ordinance providing for
the issuance of Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds
(Livonia Section) in the aggregate total principal amount of $6,700,000.00 to provide
funds to (a) pay the cost of new sewers and sewage disposal facilities in the Central
and Northeast sections of the City, and (b) refund the outstanding revenue bonds as
follows: Sewage Disposal System No. I, outstanding bonds $690,000.00 plus call
premiums of $40.00 per bond; Sewage Disposal System No. II, outstanding bonds $300,000.00
plus call premiums of $30.00 per bond; and
WHEREAS' under the terms of said contract and Ordinance the full faith and
credit of the City of Livonia have been pledged to payment of said Wayne County
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Metropolitan Sewerage and Sewage Disposal System Bonds Livonia Section; and
WHEREAS, under the provisions of said Act 3L12, Public Acts of Michigan, 1939,
as amended (Section 5 (a) thereof), the City has several optional means of raising the
necessary funds to meet the obligation of its contractual full faith and credit pledge;
and
WHEREAS, in the judgment of the City Council of the City of Livonia it is to
the best interest of the City and its citizens that all sewers and sewage disposal
facilities in the City of Livonia be combined and operated in the future as a single
sewer system on a public utility basis, and that the users and beneficiaries of sgid
system pay uniform and reasonable rates and charges for the services furnished by
said system in order to provide funds to as far as possible operate and maintain the
system, and to pay indebtedness incurred for additions, extensions and improvements
thereto, heretofore or hereafter incurred for such purposes, which method is authorized
by the provisions of Act 342,PUblic Acts of Michigan,1939, as amended (Section 5 (a) ).
THE CITY OF LIVONIA ORDAINS:
ARTICLE I - DEFINITIONS
Section 1.1 - BENEFICIARIES. The term "beneficiaries," as used herein,
shall be construed to mean and be limited to those lands and premises either fronting
on, or traversed by, the storm sewers to be constructed pursuant to the provisions
of the contract.
Section 1.2 - BONDS. The term "bonds," as used herein, shall be construed
to mean the Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds
(Livonia Section) in the aggregate principal sum of $6,700,000.00, to be issued
pursuant to the provisions of the contract, and ordinances adopted by the Board of
Supervisors of the County of Wayne under the provisions of Act 342, Public Acts of
Michigan, 1939, as amended.
Section 1.3 - BUILDING SEWER. The term "building sewer," as used herein
shall be construed to mean the extension from the building drain to the public sewer
or other place of disposal.
Section 1.4 - CITY. The term "City" as used herein shall be construed to
mean the City of Livonia, a Aichigan municipal corporation.
Section 1.5 - CITY COUNCIL. The term "City Council" as used herein shall
be construed to mean the City Council of the City of Livonia as provided by its
Charter; the legislative and governing body of the City.
Section 1.6 - COMBINED SEWER. The term "combined sewer" as used herein
shall be construed to mean a sewer receiving sewage.
Section 1.7 - CONTRACT. The term "contract" as used herein shall be con-
strued to mean the contract heretofore made and executed between the City of Livonia
and the Board of County Road Commissioners of the County of Wayne, Michigan, acting
for and on behalf of the County of Wayne, dated March 21, 1955, and supplemental
contract dated lugust 2I , 1955, as referred to in the preamble hereto.
Section 1.8 - FIXED DEBT RETIREMENT PAYMENTS. The term "fixed debt retire-
ment payments" as used herein shall be construed to mean the payments required to be
Page 3587
made by the City to the Board of County Road Commissioners of the County of Wayne
for the retirement of the bonds pursuant to the provisions of the contract.
Section 1.9 - FRONTAGE. The term "frontage" as used herein shall be con-
strued to mean the length of the front lot line of a lot or parcel of land. The front
line is the lot line abutting a street. On a corner lot the shortest street line shall
be considered the front lot line.
Section 1.10 - NATURAL OUTLET. The term "natural outlet," as used herein
shall be construed to mean any water course, pond, ditch, lake or any other body of
water, either surface or ground.
Section 1.11 - PERSON. The term "person" as used herein shall be construed
to mean any individual, firm, company, association,society, corporation ar group.
Section 1.12 - PRIVATE SEWAGE DISPOSAL SYSTEM. The term "private sewage
disposal system" as used herein shall be construed to mean any septic tank, cesspool,
or other facilities intended or used for the disposal of sanitary sewage.
Section 1.13 - SANITARY SEWAGE. The term "sanitary sewage" as used herein
shall be construed to mean the liquid or water-carried waste discharged from the
sanitary conveniences of dwellings (including Bpartment houses and hotels) office
buildings, factories and any other institution.
Section 1.14 - SANITARY SEWERS. The term "sanitary sewers" as used herein
shall be construed to mean those sewers of the Sewage Disposal System designed for the
purpose of carrying sanitary flow only.
Section 1.15 - SEWAGE. The term "sewage" as used herein shall be construed
to mean any combination of sanitary sewage, storm water, industrial wastes and uncon-
taminated industrial wastes.
Section 1.16 - SEWAGE DISPOSAL SYSTEM. The term "Sewage Disposal System"
as used herein shall be construed to mean and include all sanitary sewers, combined
sanitary and storm sewers, plants, works, instrumentalities and properties used or
useful in connection with the collection, treatment and/or disposal of sewage and/or
industrial wastes, now in existence or hereafter acquired or constructed within the
corporate limits of the City of Livonia.
Section 1.17 - STORM SEWERS. The term "storm sewers" as used herein shall
be construed and limited to mean only those sewers being constructed in the central
area and northeast area for surface drainage purposes only, pursuant to the contract
between the City of Livonia and the Board of County Road Commissioners of the County
of Wayne, Michigan, acting for and on behalf of the County of Wayne, dated March 21,
1955, and supplemental contract dated August 24, 1955.
Section 1.18 - STORM WATER. The term "storm water" as used herein shall
be construed to mean that part of the rainfall or melted snow that reaches the sewers
as runoff from natural land surface, building roofs or pavements, or arty ground water
infiltration or uncontaminated industrial wastes.
Section 1.19 - USER OR USERS. The term "user" or "users" as used herein
shall be construed to mean any premise or premises connected with and using any of
the facilities of the Sewage Disposal System for the disposition and removal of
sewage or wastes.
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Section 1.20 - SHALL id mandatory; MAY is permissive.
ARTICLE II
SEWAGE DISPOSAL SYSTEM
Section 2.1. From and after the date of adoption of this ordinance, the
Sewage Disposal System, as herein defined, shall be operated aid maintained by the
City on a public utility basis as authorized by the provisions of Act 342, Public
Acts of Michigan, 1939, as amended, and Act 94, PublicActs of Michigan, 1933, as
amended. It is hereby declared to be the intent and purpose of the City Council to
establish reasonable aid uniform rates and charges applicable to various classifica-
tions of users so as to provide funds to as far as possible (a) operate and maintain
said Sewage Disposal System in a reasonable, proper and efficient manner, and (b) to
pay the indebtedness incurred by the City in the acquisition and construction of
extensions, additions and improvements to the said Sewage Disposal System.
Section 2.2. The Sewage Disposal System as herein defined shall be and
remain under the management, supervision and control of the Public Works Department
of the City of Livonia, subject to such control reserved by law and the City Charter
to the Mayor and City Council. The Director of Public works, with the consent of
the Mayor, may employ or designate such person or persons, or division, to carry on
the management, maintenance and operation of the said System as shall be deemed
necessary or advisable.
Section 2.3. The Sewage Disposal System shall have an operating or fiscal
year commencing on March 1st and ending on the last day of February of each year.
ARTICLE III
SEWER CONNECTION RATES
Section 3.1. The connection rates and charges for the services and benefits
provided by the Sewage Disposal System shall be prescribed from time to time by the
City Council. The following shall be the connection rates and charges for connecting
to the Sewage Disposal System.
Section 3.2. Connection Rates Prior to December 1, 1958.
(1) Where any person has made application for connection to any
existing sewer or sewers under construction, or has connected to any
sewer prior to December 1, 1958, whether such is to service any house,
residential dwelling, commercial or industrial building, the following
connection rates shall be paid:
(a) For each connection to any sewer constructed by
others than the City or the County pursuant to the
Contract, such rate shall be $125.00;
(b) For each connection to any sewer constructed by
the City or the County pursuant to the Contract and
financed by said City or County, such rate shall be 1300.00
(2) For all buildings,whether houses, residential dwellings, com-
mercial or industrial buildings heretofore constructed or completed and
Page 3589
for which a Certificate of Occupancy has been issued prior to
October 25, 1955, but not connected to the Sewage Disposal System,
the following connection rates shall be paid:
(a) For each connection to any sewer constructed by
others than the City or the County pursuant to the Contract,
such rate shall be $125.00. At the option of the applicant,
such charge shall be paid in full either (a) at the time
permit is requested for a connection to the Sewage Disposal
System, or (b) at the option of the applicant, in lieu of
such cash payment, such connection rate may be paid at the
rate of $3.00 per quarter for a period of 12 years or until
a total of $1101.00 has been paid, said sums to be billed
quarterly at the same time as the consumption rates herein-
after set forth are billed as a separate item in said bill;
(b) For each connection to any sewer constructed by the
City or the County pursuant to the Contract and financed
by said City or County, such rate shall be $300.00. At
the option of the applicant, such charge shall be paid in
full either (a) at the time permit is requested for a
connection to the Sewage Disposal System, or (b) at the
option of the applicant, in lieu of such cash payment,
such connection rate may be paid at the rate of $3.00 per
quarter for a period of 30 years or until a total of $360.00
has been paid, said sums to be billed quarterly at the same
time as the consumption rates hereinafter set forth are
billed as a separate item in said bill.
Section 3.3. Connection Rates on and after December 1, 1958.
(1) For all connections made to any sewer on and after December 1,
1958, whether such connection shall service any house, residential dwelling,
commercial or industrial building, the following connection rates, except
as herein otherwise provided, shall be paid:
(a) $7.10 per front foot for each connection to any sewer
constructed by the City or County pursuant to the contract,
or by others than the person connecting.
(b) $1.50 per front foot for each connection to any sewer
constructed by the person connecting, provided, however,
that in each case the minimum connection charge for connection
to the Sewage Disposal System shall be $125.00.
(2) For all buildings, whether houses, residential dwellings,
commercial or industrial buildings heretofore constructed or completed
and for which a Certificate of Occupancy has been issued prior to October
25, 1955, and at the option of the applicant, the above charges shall be
paid infull either (a) at the time the permit is requested for a con-
nection to the Sewage Disposal System; or (b) at the option of the applicant,
in lieu of such cash payment, such connection rate may be paid at the rate
of $0.15 per front foot per quarter for a period of 20 years.
Except as hereinbefore otherwise provided, all connection charges are pay-
able in cash, either (a) at the time permit is requested for a connection to the
Page 3590
Sewage Disposal System, or (b) at the time final inspection of said property prior
to occupancy is requested from the City. If the applicant for a connection permit
desires to exercise the second option above provided, applicant shall sign an
agreement in form prepared by the City to pay said sum at the time final inspection
is requested, in which event no final inspection shall be made until said sum is paid.
Section 3.4. All connections to the Sewage Disposal System shall be made by
and at the expense of the property owner or user so connecting subject to any rules
or regulations therefor now or hereafter established by the City, and subject to in-
spection and approval prior to use. Permit for such connection shall be obtained in
advance from the City, and the property owner or user making such connection shall pay
all inspection charges now or hereafter established by the City prior to the use thereof.
ARTICLE IV
SEWER SERVICE RATES
Section 4.1 - Commercials Industrial and Governmental Sower Service Rates.
(a) Commercial and Multiple Dwelling Users. Said rates shall apply
to all commercial buildings, business and professional establishments and
all multiple dwellings in excess of two (2) units now or hereafter connected
to any of the sewers of the System and such rate shall be $0.68 per front
foot per year, payable in quarterly installments for a period of fifteen
(15) years;
(b) Industrial Users. Said rates shall apply to all manufacturing
plants or industrial establishments now or hereafter connected to any of
the sewers of the System, and such rate shall be $70.00 per acre per year,
payable in quarterly installments for a period of ten (10) years.
Any commercial or industrial users heretofore connected to any of the sewers
of the Sewage Disposal System shall receive credit for any debt service or sewer ser-
vice rates heretofore paid against the sewer service rates due under the provisions
of this ordinance.
(c) Governmental, Eleemosynary and Single or Two-Family Residential
Users. There shall be no sewer service rate for governmental, eleemosynary,
and single or two-family residential dwellings, effective December 1, 1958.
All prior charges collected or due and owing the City of Livonia shall be
retained by the City.
ARTICLE V.
DISPOSAL AND MAINTENANCE RATES
Section 5.1. Such rates shall be levied on each lot or parcel of land,
building or premises now or hereafter having any connection with the Sewage Disposal
System. Such sewage disposal rate shall be as follows, to wits
(a) For all houses or residential dwelling units connected to and
using the facilities of the Sewage Disposal System, such rate shall be a
flat rate of $4.00 per year, payable in equal quarterly installments.
(b) For all other buildings, including commercial, governmental,
eleemosynary, industrial, business and professional buildings, including
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multiple residential dwellings in excess of two (2) units connected to and
using the facilities of the Sewage Disposal System, such rates shall be
based upon the quantity of water used therein or thereon, as the same is
measured by the water meter installed therein, and shall be as follows:
From 0 to 10,000 cubic feet per month $0.80 per 1,000 cubic feet;
10,000 to 100,000 cubic feet per month $0.70 per 1,000 cubic feet;
In excess of 100,000 cubic feet per month $0.60 per 1,000 cubic feet.
The minimum quarterly sewage disposal charge to commercial or industrial
users shall be $1.00 per quarter.
The above rates do not include any rates imposed by the County of Wayne for
the treatment and disposal of sewage through its sewage treatment and disposal facilities.
Any such rate shall be included and specified as a separate item in bills sent to users
as hereinafter provided. The rates herein established shall become effective as of
December 1, 1958.
ARTICLE VI
MISCELLANEOUS AND SPECIAL RATES
Section 6.1. Where sewage disposal service is furnished to users not
situated within the City of Livonia, the sewage disposal rate for such users shall
be as follows:
(a) For all houses or residential dwellings connected to and using
the facilities of the Sewage Disposal System, such rate shall be a flat
rate of $14.00 per year, payable in equal quarterly installments.
(b) For all commercial or industrial buildings connected to and using
the facilities of the Sewage Disposal System, such rates shall be based upon
the quantity of water used therein or thereon, as the same is measured by
the water meter installed therein, and shall be as follows:
From 0 to 10,000 cubic feet per month $0.80 per 1,000 cubic feet;
10,000 to 100,000 cubic feet per month $0.70 per 1,000 cubic feet;
In excess of 100,000 cubic feet per month $0.60 per 1,000 cubic feet.
The minimum quarterly sewage disposal charge to commercial or industrial
users shall be $3.50 per quarter.
The above rates do not include any rates imposed by the County of Wayne for
the treatment and disposal of sewage through its sewage treatment and disposal
facilities. Any such rate shall be included and specified as a separate item in
bills sent to users as hereinafter provided. The rates herein established shall be-
come effective as of December 1, 1958.
Section 6.2. Where sewage disposal service is furnished to users not con-
nected to the water system, or in cases where users make use of large quantities of
water which may be discharged into storm sewers, or for other miscellaneous users of
water for which special consideration should be given, special sewage disposal rates
may be fixed by the City Council.
The City Council may establish special rates to meet special circumstances
Page 3592
where in its judgment the application of any of the special rates herein provided
would be unequitable.
ARTICLE VII
STORM SEWER CHARGES
Section 7.1. Beneficiaries of the storm sewers, as those terms are defined
in Article I hereof, shall pay a debt service charge based upon frontage at the rate
of MOO per front foot of the properties or lots fronting on or traversed by the
storm sewers. Such charge shall be billed and paid in annual installments for a period
of thirty (30) years.
ARTICLE VIII
REFUND OF EXCESS DEBT SERVICE PAYMENT
Section 8.1. Where residential users of the sewers in Sewage Disposal
District No. I have made advance or excess payments of the residential debt service
rate specified in Ordinance No. 26 of the City, as amended, over and above the minimum
quarterly payments specified and required in said Ordinance, the amount of said excess
payment as of the date of adoption of this ordinance shall be refunded upon application
being made therefor to the City Treasurer prior to December 1, 1958. All monies so
previously collected and not refunded prior to December 1, 1958, shall be transferred
to and become part of the Receiving Fund of the Water aid Sewer Division.
ARTICLE IX
ADMINISTRATION, ENFORCEMENT, AND
OPERATION OF SEWAGE DISPOSAL SYSTEM
Section 9.1. Bills for the connection rates (where payable in installments),
sewer service rates and sewage disposal consumption rates, shall be made as separate
items on the water bills for those premises served by the Sewage Disposal System who
have connections to the water system of the City of Livonia, and separate bills for
such rates and charges, or those applicable, shall be prepared for premises having no
connection to the water system. Said bills shall be rendered quarterly during each
operating ar fiscal year and shall represent charges for the quarterly (three-month)
period immediately preceding the date of rendering the bill. Said bills shall become
due and payable within ten (10) days from the date thereof, and for all bills not paid
when due, a penalty of ten per cent (10%) of the amount of such bill shall be added
thereto.
Bills for the storm sewer charge to beneficiaries thereof shall be billed
annually on June 1st of each year, commencing June 1, 1956. Said bills shall be due
and payable within thirty (30) days from the date thereof. For all such bills not paid
when due, a penalty of ten per cent (10%) of the amount of such bill shall be added
thereto.
Section 9.2. The charges ani rates herein specified shall constitute a
lien on the property served and benefited, and if not paid within six (6) months
after the same are due, the official or officials in charge of the collection thereof
shall, prior to March 1st of each year, certify to the City Assessor the fact of such
delinquency, whereupon such charge shall be entered upon the next tax roll as a charge
against such premises and shall be collected and the lien thereof enforced in the same
Page 3593
manner as general City taxes against such premises are collected and the lien thereof
enforced; provided, however, as provided in Section 21,Act 94,PublicActs of MIChigan,
1933, as amended, where notice is given that a tenant is responsible for the payment
of the consumption rate, sewer service charge (if any), and connection rates and
charges (if payable in installments) no further water or sewer service shall be rendered
to such premises until a cash deposit of not less than $25.00 shall have been made as
security for the payment of such charges aad service.
In addition to other remedies provided, the City shall have the right to
shut off and discontinue the supply of water to any premises for the non-payment of
charges and rates herein specified when due.
All rates herein specified shall become effective as of the billing period
commencing December 1, 1958.
Section 9.3. No free service shall be furnished by the Sewage Disposal
System to any person, firm or corporation, public orprivate, or to any public agency
or instrumentality, but service so furnished by the system shall be paid fbr in
accordance with the foregoing schedule of rates, or any revision thereof, in com-
pliance with the provisions of this ordinance. The City of Livonia shall pay from
its general funds, or from the proceeds of taxes which it is authorized to levy
within constitutional limits, the sewage disposal rates herein set forth, and sewer
service rates established herein for public governmental units, for any connections
serving said City or any of its departments or agencies.
Section 9.4. The Sewage Disposal System R ceiving Fund (Hereinafter re-
ferred to as the "Receiving Fund") established pursu2nt to the provisions of Ordinance
No. 98 of the City, and amendments thereto, shall be continued as a separate depositary
account, and the gross revenues of the Sewage Disposal System are hereby ordered to be
set aside as collected into said fund, and said revenues so deposited are pledged for
the purpose of the following funds and shall be transferred from the Receiving Fund
periodically in the manner and at the times hereinafter specified.
A. Operation and Maintenance Fund. Out of the revenues in the Re-
ceiving Fund there shall first be set aside during each quarterly period
into a s eparate depositary account designated Operation and Maintenance
Fund, a sum sufficient to provide for the payment of the next quarter's
current expenses of administration and operation of the Sewage Disposal
System and such current expenses for the maintenance thereof as may be
necessary to preserve the same in good repair and working order.
The City Council, prior to the commencement of each operating year,
shall adopt a budget covering the foregoing expenses for each year, and
such total expenses shall not exceed the total amount specified in said
budget, unless approved by a five-sevenths (5/7) vote of the members of
the City Council.
B. Contract Payment Fund. There shall next be established and
maintained a separate depositary account designated Contract Payment
Fund, the moneys from time to time on deposit therein to be used solely
for the purpose of making the fixed debt retirement payments required
by the provisions of the contract.
All moneys remaining in the Receiving Fund after the foregoing
provisions have been made for the requirements of the Operation and
rage J,74
Maintenance Fund, shall semi-annually on December 1st and June 1st of
each year be set aside and transferred to the Contract Payment Fund,
Which said moneys shall then be used as follows and in the following
priority:
First: For the fixed debt retirement payments due on
January 1st and July 1st of each year, representing
interest on the bonds due on January 1st and principal
and interest due on July 1st of each year.
Second: To the establishment of a Contract Payment Reserve
Fund which shall be maintained as a separate account, until
said fund shall equal the maximum principal and interest
becoming due on the bonds in any future year. The moneys
in said Contract Payment Reserve Fund shall be used solely
for the payment of the fixed debt retirement payments to the
extent of any deficiency in current revenues available there-
for. Any moneys so used shall be replaced from the next
revenues available therefor. Moneys in the Contract Pay-
ment Reserve Fund may be invested in obligations of the
United States of America and any income therefrom shall
be credited to said fund.
Third: For advance payments or redemption of bonds prior
to maturity in accordance with the authorization contained
in Section 9 of the County Ordinance and the written option
of the City, or, at the option of the City Council for the
construction of additional ex tensions and improvements to
the Sewage Disposal System, or the payment of indebtedness
incurred therefor.
Section 9.5. It shall be the duty of the City Treasurer, pursuant to the
provisions of the contract, to forward to the Board of County Road Commissioners of
the County of Wayne, Michigan, the fixed debt retirement payments due from the City
from time to time. If at any time there are insufficient funds in the Contract Pay-
ment Fund or the Contract Payment Reserve Fund to meet said payments in full, the de-
ficiency shall be paid out of the general funds of the City pursuant to the obligation
assumed by the City under the terms of the contract and Act 312, Public Acts of
Michigan, 1939, as amended.
Section 9.6. Pursuant to the provisions of the contract and Section 5(b) of
Act 31+2, Public Acts of Michigan,1939, as amended, the City has pledged its full faith
credit and resources to the making of fixed debt retirement payments required under
the contract. To carry out said pledge the City Treasurer is directed and ordered to
make up any deficiencies in said required payments out of the general funds of the City,
in event there are insufficient funds in the Contract Payment Fund or Contract Payment
Reserve Fund to meet said required payments. The City does hereby irrevocably agree
and pledge itself to levy such advalorem taxes as may be necessary to provide funds
to make such payments, in the event the revenues herein provided become or are
anticipated to be insufficient therefor, or to make up any advances or payments made
from the general funds of the City as herein required.
ARTICLE X
CONSTRUCTION OF ADDITIONAL SEWAGE DISPOSAL FACTTJTIES
Page 3595
Section 10.1. Nothing contained in this ordinance shill be construed to
prevent the City from entering into additional contracts with the County under the
provisions of Act 312, Public Acts of I i.chigan,, 1939, as amended, aid from entering
into contracts with others for the acquisition, construction and financing of ad-
ditional sewers or sewage disposal facilities and the use of revenues derived from
such additional projects for the payment of any obligations incurred thereby.
Section 10.2. Nothing contained in this ordinance shall be construed so as
to prevent the City from using certain portions of surplus funds, and the C ity is
herein authorized to use certain portions of surplus revenues collected and resulting
from the provisions of this ordinance for acquiring, constructing and financing ex-
tensions and additions to the sewers and sewage disposal facilities of the City of
Livonia; provided, however, that such surplus funds shall be used only in the dis-
cretion and at the direction of the Council by a resolution authorizing the use of
such funds after the Council has received from the Budget Director a recommendation
that in his opinion such funds are available; and provided further, that only those
portions of such surplus may be used as will leave remaining surplus revenues that
are, in the opinion of the Council, sufficient and adequate to meet payments and other
obligations due under the terms of the contract.
Section 10.3. Wherever any extensions are made to the present sanitary
sewer system, such extensions shall include and there shall be constructed the neces-
sary cross-overs to provide sanitary sewer service to existing buildings which abut or
are adjacent to such sanitary sewer extension; such cross-overs shall be installed
where necessary to Within ten (10) feet of the lot line of the property to be serviced.
Section 10.4. The installation cost of cross-overs whether or not authorized
by the City of Livonia, where such cross-overs were installed prior to October 25, 1955,
shall not be borne by the City of Livonia; provided, however, that the cost of install-
ing any sanitary sewer cross-overs which have been approved of specifically by Council
resolution subsequent to October 2L, 1955, and prior to the effective date of this or-
dinance may be borne by the City of Livonia. In no event shall any person construct a
sanitary sewer cross-over of a size larger than a six (6) inch line without prior ap-
plication to the Water and Sewer Board and approval of the City Council, unless the
cost of the cross-over is to be borne by the individual property owner.
ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 11.1. The rates and charges established in this ordinance shall be
subject to revision from time to time by the City Council, where any revision appears
necessary in order to maintain reasonable and equitable charges for use of the Sewage
Disposal System.
Section 11.2. If the character of the sewage of any manufacturing or in-
dustrial plant or any other building or premises shall be such as to impose an un-
reasonable burden upon the Sewage Disposal System, the City Council shall require that
such sewage be treated by the person, firm or corporation responsible therefor before
being emptied into the sewer or the right to empty such sewage may be denied, if
necessary, to protect the said System or any part thereof.
Section 11.3. The City shall cause to be maintained and kept proper books
of record and account, in which shall be made full and correct entries of all trans•
Page 3596
actions relating to the Sewage Disposal System. Not later than two (2) months after
the close of each fiscal year, the City shall cause to be prepared a statement in
reasonable detail, showing the cash income and disbursements of the Sewage Disposal
System at the beginning and close of the operating year and such other information as
may be necessary to enable any taxpayer of the City, user or beneficiary of the service
furnished to be fully informed as to all matters pertaining to the financial operation
of the System during such year. Such annual statement shall be filed in the office of
the City Clerk, where it will be open to public inspection. Such books of record and
account shall be audited annually by a certified public accountant, to be designated
by the City Council, and a certified copy of such audit shall be filed with the City
Clerk.
ARTICLE XII,
USE OF PUBLIC SEWERS REQUIRED;
EXCEPTION; REGULATIONS.
Section 12.1. It shall be unlawful for any person to place or deposit or
permit to be deposited in any unsanitary manner upon any public or private property
within the City of Livonia or in any area under the jurisdiction of the said City of
Livonia, any human or animal excrement, garbage or other objectionable waste.
Section 12.2. It shall be unlawful to discharge into any water course within
the City of Livonia or in any area under the jurisdiction of the said City of Livonia
any sanitary sewage, industrial waste, or other polluted waters, except where suitable
treatment has been provided in accordance with the provisions of this ordinance and the
statutes and regulations of the State of Michigan.
Section 12.3. Except as hereinafter provided it shall be unlawful to con-
struct or maintain any privy, privy vault, septic tank, cess-pool or other facility
intended or used for the disposal of sewage.
Section 12.1 . The owner of all dwellings, houses, buildings or properties,
whether residential, commercial or industrial, used for human occupancy, employment,
recreation or other purpose situated within the City and abutting upon any street, alley
or right-of-way in which there is now located or may be in the future located a public
sewer of the City, are hereby required at their expense to install suitable sewer
facilities therein and to connect such facilities directly with the proper public sewer
in accordance with the provisions of this ordinance within eighteen (18)pmonths from the
effective date of this ordinance or within eighteen (18) months from the time such public
sewer becomes available for service to such property.
Section 12.5. Where a public sanitary sewer is not available, the building
sewer shall be monnected to a private sewage disposal system. No private sew age dis-
posal system shall be constructed by any person without first obtaining a written permit
from the Department of Public Works of the City of Livonia. No such permit shall issue
unless and until the Department of Public Works determines that there is no available
public sanitary sewer and unless and until the applicant agrees in writing that at such
time as a public sewer becomes available to the property to be serviced by the private
sewage disposal system, a direct connection shall be made within eighteen (18) months
from the date of such availability to the public s ewer in compliance with this ordinance,
and any septic tanks, cesspools and similar private sewage disposal facilities shall be
abandoned for sanitary use. No statement contained in this section shall be construed
to interfere with any additional requirements which may be imposed by the Bureau of
Inspection, Health Officer or the Department of PublicWorks of the City of Livonia.
Page 3597
Section 12.6. For the purposes of this ordinance, a public sanitary sewer
shall be deemed to be available when such sewer is located not more than ten (10)
feet from the property line of the lot or parcel of land to be serviced.
Section 12.7. It shall be unlawful for any person to connect to any of the
sewers of the Sewage Disposal System without first obtaining a written permit from the
Bureau of Inspection of the Department of Public Works and no connection shall be made
or permitted to be made to any of the sanitary sewers of the Sewage Disposal System
which in any way shall cause storm water or surface drainage to be carried into said
sanitary sewers. No such permit shall issue unless and until the applicant has paid
the connection charge specified in Article III of this ordinance or shows to the satis-
faction of the Bureau of Inspection that he has properly executed one of those options
s et forth in Article III of this ordinance.
Section 12.8. No person shall discharge or cause to be discharged any storm
water, surface water, ground water or roof water to any sanitary sewer. A normal amount
of ground water leakage into basements may be drained into sanitary sewers; however,
any excessive volume of basement drainage as determined by the Department of Public
Works of the City of Livonia will not be permitted. Storm water and all other unpolluted
drainage shall be discharged to such s ewers which are specifically designated as com-
bined sewers or storm sewers, or to a natural outlet as approved by the Department of
Public Works of the City of Livonia.
ARTICLE XIII
PROTECTION FROM DAMAGE
Section 13.1. No unauthorized person shall maliciously, wilfully, or
negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the municipal Sewage Disposal System.
Any person violating this provision shall be subject to immediate arrest on a charge
of disorderly conduct.
ARTICLE XIV
POWER AND AUTHORITY OF INSPECTORS
Section 14.1. The Department of Public Works of the City of Livonia and
other duly authorized employees of the City bearing proper credentials and identifica-
tion shall be permitted to enter upon all properties for the purposes of inspection,
observation,measurement, sampling and testing in accordance with the provisions of
this ordinance.
ARTICIE XV
PENALTIES AND ENFCRCEMENT
Section 15.1. Any person found to be violating any provision of this or-
dinance except Article XIII, shall be served by the City with written notice stating
the nature of the violation and providing a reasonable time limit (but not exceeding
sixty (60) days) for the satisfactory correction thereof. The offender shall, within
the period of time stated in such notice, permanently cease all violations.
Section 15.2. Anyperson who shall continue any violation beyond the time
limit provided for in Section 15.1,shall be guilty of a misdemeanor and upon conviction
Page 3598
thereof shall be fined in an amrunt not exceeding Fifteen Dollars ($15.00) for each
violation. Each day in which any such violation shall continue shall be deemed a
separate offense.
Section 15.3. Any person violating any of the provisions of this ordinance
shall become liable to the City for any expense, loss or damage occasioned the City
by reason of such violation.
ARTICLE XVI
REPEAL AND VALIDITY
Section 16.1. If any section, paragraph, clause or provision of this
ordinance shall be held invalid, the invalidity of such section, paragraph, clause
or provision shall not affect any of the other provisions of this ordinance.
Section 16.2. Ordinances No. 26, No. 30, No. 42, No. 98, No. 100 and
No. 102 are hereby specifically repealed and rescinded. Ordinance No. 115 and Or-
dinance No. 178 arf lzreby srLLirically repealed and rescinded, such recission to
become effective twelve o'clock a. m., November 30, 1958. The rates and charges
specified in this ordinance shall supersede the rates and charges specified in all
of the above mentioned ordinances, it being the determination of the Council that
said new rates will in no way impair the security of the bonds issued under the pro-
visions of said ordinances.
The foregoing ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman McCann, seconded by Councilman Bagnall, it was
#625-58 RESOLVED that, having considered the report and recommendation of
the Budget Director dated September 2?, 1i58, the Council does hereby trans-
fer from the Unappropriated Surplus the sum of $850.00 to Engineering In-
spection Acct. #1-X to provide for the employment of one Secretary A for the
balance of the fiscal year.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#626-58 RESOLVED that, having considered the report of the Finance
Committee of the Council dated September 24, 1958, and because of an
inconsistency in the sewer meter billings to the Chevrolet Spring and
Bumper Plant which resulted in a certain discrepancy, the Water and Sewer
Division of the City of Livonia is hereby requested to issue a credit
memorandum to said plant in the amount of $2,1425.85, and to do all things
necessary to effectuate the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
Page 3599
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Sasser, seconded by CouncilmanS alvadore and unanimously
adopted, it was
#627-58 RESOLVED that, the proposed special assessment area in Section 36
be asked to cast a vote by petition circulated by the Civic Associations as
to whether they want wooden poles with overhead wiring or metal poles and
underground wiring.
Councilman McCann was excused at 8:32 P. M,
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#628-58 RESOLVED that, the City Clerk be authorized to place an order
with the Detroit Edison Company for installation of an overheadl-i ght at
the intersections of Dover and Ann Arbor Trail; Norwich and Ann Arbor
Trail; and Curtis aid Middle Belt Road, according to the master plan.
By Councilman Bagnall, seconded by Councilman Sasser, it was
#629-58 RESOLVED that, having considered the report and recommendation
of the Mayor dated September 3, 1958, as supplemented by the reports and
recommendations of the Assistant City Engineer dated August 29, September
18 and September 22, 1958, the Council does herein appropriate the sum of
$4,600.00 from the Unappropriated Surplus to DPW Operations Acct. #70-B for
the purpose of installing partitions in the present Council chamber to form
additional office space, and to install a folding door in the lobby of the
City Hall which will provide new Council meeting quarters.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, O'Neill, Bagnall, Sasser and Grant.
NAYS: Kleinert.
The President declared the resolution adopted.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 10.02 of ARTICLE
10.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED
"ZONING ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDIINS:
Section 1. Subsection (b) of Section 10.02 of Article 10.00 of Ordinance
Page 3600
No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby
amended to read as follows:
dibin Section 10.02. Uses Permitted. In all C-1 Districts no building
or land, except as otherwise provided in this ordinance, shall be erected
or used except for one or more of the following uses:
(a) All uses permitted in an R-2 district.
(b) Retail stores, business and professional offices, public
utility buildings, newspaper distributing stations, restaurants,
banks and savings and loan associations.
(c) Open air sales, upon a certificate of approval bythe City
PlanningCommission, for food sales, upon a certificate of ap-
proval by the City Health Department and the City Planning Com-
mission, where such sale will not interfere with sidewalk or
street traffic. However, this shall not permit the operation
of material yards, including new and used lumber sales or used
machinery or used auto parts. Notwithstanding the above, the
sale of Christmas trees shall be permitted upon the approval of
the Police Department that there is suitable and safe ingress and
egress to the premises used for such purposes and upon the ap-
proval of the Fire Department that all fire rules and regulations
of such department have been complied with and upon approval of
the Bureau of Inspection that such use is made in compliance with
this ordinance and the rules and regulations of the bureau.
(d) Shops producing merchandise to be sold at retail on the
premises, provided that the services of not more than five (5)
persons are required to produce such merchandise.
(e) Personal service shops such as barber shops, beauty parlors,
shoe repair shops, laundry pickup shops, dry-cleaning pickup
shops, and any similar service or use, provided any such shop
or parlor shall not employ more than five (5) persons.
(f) A gasoline and oil service station, when approved by the
City Planning Commission.
(g) Accessory buildings and uses customarily incidental to any
of the above permitted uses. A storage garage for the storage
of commercial vehicles used by a business or other permitted
activity, when located on the same lot therewith and occupying
not more than twenty-five (25) per cent of the area of such lot
shall be considered a legal accessory building and use in C-1
Districts. A sign or other advertising display of a size not
exceeding one (1) square foot for each foot of the front lot
line included in the premises, when pertaining to the sale, rental
or use of the premises on which the sign is located, or to
goods or activities conducted therein, or when serving primarily
as a directional sign or legal notice shall be considered a legal
accessory use in C-1 Districts. The sign may be attached to the
building or may be free standing, but in any case the building
or post to which the sign is attached shall be on or back of the
Page 3601
building line and the sign shall not project more than fifteen (15)
inches beyond the building line. No sign or portion of a sign
shall project into a public alley. Signs larger in area than
authorized in this section shall not be permitted except upon
the approval of the City Planning Commission; provided, however,
that such approval shall be given only on condition that the sign
will be properly maintained, will not become unsightly and will
not become a menace to the public health, safety and welfare.
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to Five this ordinance full force and
effect.
Section 3. Should any portion of this ordinance be held invalid for any
reason, such holding shall not be construed as affecting the validity of the remain-
ing portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the
next regular meeting of the Council.
By Councilman Salvadore, seconded by Councilman Sasser, it was
#630-58 RESOLVED that, pursuant to authority contained in NSA 5.3376 (1),
the Council does hereby transfer from the Unapprorriated Surplus to the De-
partment of Law Acct. #65 - Special Judgments, the sum of $250.00 to pay
the judgment rendered against Special Police Officer Ellsworth H. Chase
in Common Pleas Court, Case No. 2-482-062.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: None.
Councilman McCann returned and Councilman Salvadore was excused at 8:45 P.M.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#631-58 RESOLVED that, pursuant to the request of Mr. Sam Lederman, Mid-
west Builders, Inc., dated September 19, 1958, the Council does herein ap-
prove the change of name from Midwest Builders, Inc., to Preston Builders,
Inc., as proprietors of Joy Ann Subdivision, and does herein reaffirm ap-
proval given to Joy Ann Subdivision located between Ann Arbor Trail and Joy
Road, approximately 1,550 feet West of Wayne Road in the Southwest 1/4 of
Section 32, City of Livonia, given by Council resolution #687-57 adopted
on September 9, 1957; provided, however, that this reaffirmation shall not
in any way be construed to alter or change the terms and provisions of such
resolution.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
Page 3602
#632-58 RESOLVED that, having considered the report, and recommendation
of the Director of Public ln:orks and the Assistant City Engineer dated
September 22, and September 26, 1958, the Council does hereby amend Item
No. 3 of Council resolution #414-58 adopted June 30, 1958, so as to establish
a bond for improvements in Meri-Lynn Farms Subdivision No. 2 in the amount
of $26,000.00 to cover the cost of remaining improvements.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#633-58 RESOLVED that, pursuant to the communication from the Michigan
Liquor Control Commission dated August 18,1958, and the recommendation
from the Livonia Police Department dated September 15, 1958, the Council
does hereby approve the request of Yale Super Market, Inc., a subsidiary
of the Food Fair Markets, for a new SDM license for the location at 35323
Plymouth Road, Livonia, Michigan.
Councilman Salvadore returned at 8:48 P. M.
By Councilman Sasser, seconded by Councilman Kleinert and unanimously
adopted, it was
#63Li-58 RESOLVED that, pursuant to the communication from the Michigan
Liquor Control Commission dated August 18, 1958, and the recommendation
from the Livonia Police Department dated September 15, 1958, the Council
does hereby approve the request of the Redford Super Market, Inc., a
subsidiary of the Food Fair Markets, for a new SDM license for the location
at 271128 West Six Mile Road, Livonia, Michigan.
By Councilman McCann, seconded by Councilman Bagnall, it was
#635-58 RESOLVED that, having considered the report and recommendation
of the Livonia Police Department dated September 18, 1958, and the recom-
mendation of the Budget Director of the same date, the Council does hereby
transfer from the Unappropriated Surplus the following sums:
$2,000 to PD Acct. #21 - Gasoline, oil and equipment;
500 to PD Acct. #32 - Prisoner Board and Transfer;
for a total transfer in the amount of $2,500.00; and the Council does
further transfer the following sums:
$250.00 from PD Acct. #47 - Training Program; to PD Acct. #32 -
Prisoner Board and Transfer;
$50.00 from PD Acct. #59 - Extinguishers; to PD Acct. #38 -
Extinguishers Recharges;
Page 3603
$312.00 from PD Acct. #70 - Cars, and $52.62 from
PD Acct. #70 - Motorcycles; to PD Acct. #70-T - Traffic Control;
$75.00 from PD Acct. #28-B - Clothing Allowance; to
PD Acct. #60 Contingency - Miscellaneous;
for a total transfer in the amount of $739.62; all the above transfers being
necessary to provide operating finances for the balance of the department's
fiscal year as set forth in said report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman McCann, it was
#636-58 RESOLVED that, having considered the report and recommendation
of the Director of Public Works and the Assistant City Engineer dated Septem-
ber 23, 1958, and the report and recommendation of the Consulting Engineer
dated September 22, 1958, the Council does hereby amend Item #3 of Council
resolution #516-56, adopted August 13, 1956, so as to establish a bond in
the amount of $2,000.00 to cover the installation of sidewalks in Sleepy
Hollow Subdivision.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Salvadore, seconded by Councilman McCann, it was
#637-58 RESOLVED that, having considered the report and recommendation
of the Director of Public Works and Assistant City Engineer dated September
23, 1958, and the report and recommendation of the Consulting Engineer
dated September 23, 1958, the Council does hereby anend Item #3 of Council
resolution #667-56 adopted October 15, 1956, so as to establish a bond in
the amount of $9,000.00 to cover the cost of sidewalks and clean-up in
Algonquin Park Subdivision.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert, Sasser and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Sasser and unanimously
adopted, it was
#638-58 RESOLVED that, regular meetings of the Council of the City of
Livonia for the month of October, 1958, shall be held on the 6th and
20th days of that month.
Page 3604
On motion of Councilman Kleinert, seconded by Cbuncilman McCann and
unanimously adopted, this 258th regular meeting of the Council of the City of
Livonia was duly adjourned at 8:52 P. M.,Septenber 29, 1958.
Marie W. Clark, City Clerk