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HomeMy WebLinkAboutCOUNCIL MINUTES 1958-07-28 Page 3495 MINUTES OF THE TWO HUNDEED FIFTY-SECOND REGULAR. MEETING OF THE COUNCIL OF TIE CITY OF LIVONIA On July 28, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:20 P. M. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, S,vdney B. Bagnall, Rudolf R. Kleinert, Robert Sasser, Jack Salvadore and James R. McCann. Absent-- None. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #458-58 RESOLVED that, the minutes of the 251st regular meeting of the Council of the City of Livonia held July 14, 1958, are hereby approved. By Councilman Sasser, seconded by Councilman Bagnall, it was #459-58 RESOLVED that, pursuant to the request of the City Clerk dated April 15, 1958, approved by the Mayor and Budget Director on April 21, 1958, and having considered the letter from the City Clerk dated April 28, 1958, the Council does herein transfer from the Unappropriated Surplus to Election Commission Budget Account No. 1-X (Clerical Salaries) the sum of $1,500.00 in order to provide for immediate clerical expense in connection with the operation of the Commission. 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, it was #1460-58 RESOLVED that, pursuant to the report and recommendation of the Livonia Fire Department dated July 17, 1958, the Council does herein accept the bid of Bi-Lateral Fire Hose Company, 20 North Wacker Drive, Chicago 6, Illinois, to supply the City of Livonia Fire Department with 1,000 feet of 2-1/2" double jacket fire hose at 31,600.00 and 300 feet of 1-1/2" double jacket fire hose at $330.00 for a total bid price of $1,930.00, such having been in fact the only acceptable bid received, because the H. D. Edwards & Company failed to comply with the requirements of the specifications in furnishing complete sales to the Fire Department; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. 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. Page 3496 The hour of 8:30 P. M., having arrived, Marie W. Clark, City Clerk, opened and read the following bids: FIVE MLLE SANITARY SEWER EXTELISION Councilmen Bagnall, Sasser and McCann were excused at 8:30 P. M. 1. D'Angelo & Policelli Construction Co. $213,255.00 2. Waterway Construction Company 168,546.90 3. Greenfield Construction Company 199,890.60 Councilman Sasser returned and Councilman Kleinert was excused at 8:32 P. M. 4. Sinacola Contracting Company 147,310.25 5. Northeast Construction Company 1)01,659.50 6. S. Weissman Excavating Company, Inc. 181,838.00 7. E. V. Ponti 163,6516.17 8. Carlesimo & LaMarra Construction Company 190,261.87 9. Leo & Cappello Construction Company, and Pacitto & Forest Construction Company 178,836.60 10. Kean Excavating, Inc. 154,444.04 11. Chris Nelsen & Son 187,771.00 12. John Monte Company 154,864.60 13. Fattore Company 217,153.00 Councilmen Kleinert and Bagnall returned at 8:37 P. M. By Councilman Salvadore, seconded by Councilman O'Neill and unanimously adopted, it was #461-58 RESOLVED that, the foregoing bids for Five Mile Sanitary Sewer Extension are hereby referred to the Department of Public works for report and recommendation. Councilman McCann returned at 8:39 r.M. Marie W. Clark, City Clerk, read a letter dated July 21, 1958, from the Police Commissioner regarding special police officers. By Councilman Salvadore, seconded by Councilman McCann, it was Page 3497 #462-58 RESOLVED that, having considered the report of the Livonia Police Department dated July 21, 1958, which requested that the limitation clause of fifteen (15) special police established by Council resolution #362-57 be amended to allow the Police Commissioner to appoint up to Twenty (20) special police officers, the Council does, in accordance with the provisions of Ordinance No. 171, approve the appointment of twenty (20) special police officers to perform regular and extraordinary police services as may be directed by the Director of Public Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, O'Neill, Bagnall, Sasser and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Kleinert, it was #463-58 RESOLVED that, having considered the report and recommendation of the Department of Public Works dated July 22, 1958, pertaining to the ac- quisition of a water cooler for the City Hall, the Council does hereih authorize the Department of Public 'Works to purchase the water cooler from DPW Account No. 70-M (Capital Outlay-Miscellaneous) as requested. 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 CouncilmanSasser, seconded by Councilman Salvadore, it was #464-58 RESOLVED that, having considered the report and recommendation of the Department of Law dated July 22, 1958, the Council does herein release the subdivision improvement bond furnished by the Continental Casualty Co., an Ann Arbor Trail Subdivision in the amount of $314,000.00, established by Council resolution #432-57 on the condition that the Ann Arbor Trail Sub- division post another bond in the amount of $50,000.00 to cover the remain- ing improvements in the Ann Arbor Trail 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 #465-58 RESOLVED that, having heretofore requested the Finance Committee of the Council to study and recommend to the Council a proposed amendment to Chapter VIII of the City Charter which would permit the City to levy an Page 3498 additional millage for a land acquisition and capital improvement program, the Council does hereby retain the law firm of Miller, Canfield, Paddock and Stone to prepare a Charter amendment which wo ld so amend Chapter VIII of the City Charter and which would earmark the use of such additional millage in as much particularity as the law will permit and the Council does further request that the report and recommendation of the Finance Committee, in connection with such Charter amendment, be forwarded to the above legal firm in order to insure that the proposed Charter amendment is satisfactorily prepared in accordance with provision of law and in time to submit same to the electorate at the General Election to be held in November, 1958; that the law firm of Miller, Canfield, Paddock and Stone is hereby re- tained as bonding counsel for the City of Livonia in the financing of all projects encompassed by such Charter amendment as may be approved by the Council of the City of Livonia; and that the Municipal Advisory Council (Mr. Louis Schimmel) is hereby re taine d to give the City financial advice and in preparing a prospectus on all projects encompassed with the proposed Charter amendment which may be approved by the Council of the City of Livonia; provided, however, that the compensation of said firms, Miller, Canfield Paddock and Stone and the Municipal Advisory Council (Mr. Louis Schimmel, shall be fixed and paid only for such projects as may be approved by the Council under this resolution. By Councilman Salvadore, seconded by Councilman Kleinert and unanimously adopted, it was #466-58 RESOLVED that, the Council does herein rescind and repeal any and all other resolutions hereinbefore made authorizing Leo 0. Nye to execute checks and other instruments for and on behalf of the City of Livonia. By Councilman Sasser, seconded by Councilman Bagnall, it was #467-58 RESOLVED that, the Livonian, 33050 Five Mile rioad, Livonia, Michigan, a newspaper of general circulation within the City of Livonia, is herein designated as the official newspaper of the City of Livonia for the year ending June 30, 1959, in accordance with Chapter X, Section 8, of the Charter of the City of Livonia; that pursuant to the authority of subsection (c) of Section 12 of the Financial Ordinance, no bids will be taken since it is the considered opinion of the Council that such newspaper has the most complete circulation within the City az d therefore will provide more complete coverage of City affairs to the people of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: O'Neill. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Salvadore and unanimously adopted, it was #1x.68-58 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance Page 3499 of the City of Livonia, Ordinance No. oO, and Section 6, Act 207, Public Acts of Michigan, 1951, as amended, Robert Coo-nes, 9335 Idaho, Livonia, Michigan, is hereby appointed as a member of the Zoning Board of Appeals for a three (3) year term of office, such term commencing on July 10, 1958, with all of the authorities and duties set forth in said Zoning Ordinance and Act 207, By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was #469-58 RESOLVED that, pursuant to Section 19.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, and Section 6, Act 207, Public Acts of Michigan, 1951, as anended, William P. Lindhout, 37655 Margareta Drive, Livonia, achigan, is hereby reappointed as a member of the Zoning Board of Appeals for a three (3) year term of office, such term commencing on July 10, 1958, with all of the authorities and duties set forth in said Zoning Ordinance and Act 207. By Councilman McCann, seconded by Councilman Bagnall„ it was #470-58 RESOLVED that, having considered the oral report of July 22, 1958, of the School Board and City Council, Joint Committee; and Youth Recreation Committee, the Council does herein authorite said Committee of the Council to establish a five (5) man subcommittee for the purpose of making a survey of that area of the City of Livonia which has heretofore been referred to as "Camp Livonia", said survey to include the appraising of properties therein, obtaining plans of possible camp sites and the legal description of the area, and a proposed layout of the area in connection with the water, parking, access and recreational facilities available therein, and the Council does hereby transfer from the Unappropriated Surplus to the Land Acquisition Account of the Budget the sum of $1,000.00 for the purpose of financing the proposed survey which is to be expended upon such terms and conditions as the School Board and City Council, Joint Committee; and Youth Recreation Committee of the Council shall deem just and proper, and the five members of the subcommittee shall be Tpointed by the said committee of the Council. 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, it was #471-58 RESOLVED that, the report of the Finance Committee for the month of May, 1958, is hereby approved and a summary spread on the minutes as follows: General, Administrative and Legislative: Department of Public Safety: $14,714.15 2,406.05 Department cf Public Works: 33,278.22 Department of Parks & Recreation: 21347.30 $52,745.72 Page 3500 Insurance $8,103.89 Civic Center 5,000.00 Acquisition of Land 1.50 $13405.39 $65;851.11 General Ledger Accounts: 3,713.24 TOTAL $69,564.45 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 Salvadore, it was ##472-58 RESOLVED that, the report of the Finance Committee for the month of June, 1958, is hereby approved and a summary spread on the minutes as follows: General, Administrative and Legislative: $11,953.25 Department of Public Safety: 4,657.92 Department of Public Works: 17,513.38 Department of Parks & Recreation: 3,594.48 $37,719.03 Insurance 34,878.11 Retirement - F. I. C. A. 14,914.92 Acquisition of Land 260.00 Motor Vehicle Highway Fund 44.81 $20,097.84 General Ledger Accounts: 14,119.80 TOTAL $61,946.67 A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, O'Neill, Baiiall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Sasser, it was #473-58 RESOLVED that, pursuant to the request of the Finance Committee of the Council, there is hereby appropriated from the Unappropriated Surplus of the Budget to the Civic Improvement Publicity Account, the sum of $3,000.00, which said sum is to be used for the purpose of publicizing and making avail- able information to the citizenry of Livonia the plans of the proposed Civic Improvement Program. 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. Page 3501 By CouncilmanSalvadore, seconded by Councilman Sasser, it was #474-58 RESOLVED that, pursuant to the report and recommendation of the Department of Public uilorks dated July li., 195P, the Council does herein accept the bid of Harry Salter, 13310 Darthmouth, Oak Park 37, Michigan, for supplying Type "K" Copper Tubing for the dater Department at the sub- mitted bid price of $26,968.52, such having been the lowest bid received for this item; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. 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 Sasser, seconded by Councilman Kleinert, it was #175-58 RESOLVED that, pursuant to the report and recommendation of the Department of Public Works dated July 18, 195F, the Council does herein accept the bid of A & A Asphalt Paving Company, 1045 Haynes, Birmingham, n_gham, Michigan, for supplying approximately 100 ton of Bituminous Materials to the City of Livonia at the submitted price of S7.00 per ton for a total bid price of $700.00, such having been the lowest bid received for this item; and further that pursuant to the above report and recommendation, the Council does herein reject the bid for seal coat materials because only one bid was received and the Department of Public Works is requested to re-advertise for new bids for the purchase of seal coat materials; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, O'Neill, BaE:nall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Salvadore, it was #476-58 RESOLVED that, pursuant to the report and recommendation of the Department of Public Works dated July 1.6, 1958, the Council does herein accept the bid of Bill Brown Sales of Livonia, Michigan, for supplying two 1/2 ton pick-up trucks at the submitted bid price of i3,O40.68; this bid is accepted over the lower bid submitted by North Bros. of Garden City be- cause the small difference in the bids will be more than made up by the savings in expense effected in the servicing of the two trucks purchased; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. 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. Page 3502 By Councilman Kleinert, seconded by Councilman McCann, it was #477-58 libSOLV"ED that, having considered the report and recommendation of the Department of Public Works dated July 17, 1958, and it appearing that a final inspection of the Gravity Outlet Sewer from the Joy Road Sewage Pump- ing Station has revealed the work to be satisfactory, the Council does herein authorize final payment in the sum of $18,113.62 to Waterway Construction Company; and the City Clerk and City Treasurer are herein authorized to do all things necessary to the full performance of this resolution. 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 Sal.vadore, it was #478-58 RESOLVED that, having considered the report and recommen dation of the Director of Public Works and Assistant City Engineer dated July 18, 1958, the Council does herby amend Item No. 3 of Council resolution #714-57 adopted on September 16, 3957, so as to establish a bond in the amount of $6,000.00 for remaining improvements in Yale Homes Subdivision, which sub- division has been split in accordance with the above report and recommend- ation to include only Lots 1 thru 18, inclusive; and the Council does further re-affirm its approval of Yale Homes Subdivision as hereinbefore set forth in said Council resolution #711 -57, but that such re-affirmation of approval as contained herein shall extend only to said Lots 1 thru 18, inclusive, of said subdivision; provided, however, that nothing contained herein shall exempt the proprietor from paying all applicable fees and charges as pro- vided by Ordinance No. 135, as amended. 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 Kleinert, seconded by Councilman Sasser, it was #479-58 RESOLVED that, Burke Building Company, 24641 West Warren, Dearborn, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Yale Homes Subdivision No. 2, Lots 19 thru 36 inclusive, only; located on the West side of Yale Avenue approximately 330 feet South of Plymouth Road in the Northeast 1/4 of Section 32, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of July 23, 1957; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been ap- proved by the Department of Public works under date of July 18, 1958; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Flat Ordinance (No. 135) as amended of the City of Page 3503 Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public 'forks aid such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section lig of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: - - - Twenty-Eight Thousand Dollars ($28,000.00) - - - and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. 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 McCann, seconded by Councilman Kleinert and unanimously adopted, it was #480-58 RESOLVED that, having considered the report and recommendation of the Department of Public Works dated July 18, 1958, the Council does herein authorize the retention of the firm of Edwin M. Orr, Consulting Engineer, to draw up the necessary plans for the installation of the sanitary sewer in Merriman Estates Subdivision; and the Council does further refer to the Water and Sewer Board the estimate of the proposed sewer for Puritan Avenue-henry Ruff West and Greenland Avenue-Puritan East for its report and recommendation. By Councilman McCann, seconded by Councilman Salvadore, it was #181-58 RESOLVED that, , ursuant to the report and recommendation of the Director of Public 'forks and Assistant City Engineer dated July 18, 1958, the Council does herein amend Item No. 3 of Council resolution #452-57 adopted on June 17, 1957, to establish a bond in the amount of $17,800.00 for remaining improvements in the Gawron Subdivision. A roll call vote was taken on the foregoing resolution with the following result: Page 3594 AYES: Salvadore, McCann, O'Neill , Bagnall, Kleinert, Sasser and Grant. NAYS: None. BJ Councilman McCann, seconded by Councilman Kleinert, it was #482-58 RESOLVED that, pursuant to the report and recommendation of the Department of Public Works dated July 16, 1958, the Council does herein accept the bid of Weissman Excavating Company, 15496 Telegraph Road, Detroit 39, Michigan, for the Hubbell Sanitary Sewer Extension, at the submitted bid price of $7,147.60, such having been the lowest bid received for this item; and the Mayor and City Clerk are herein authorized to do all things necessary to the full performance of this resoluti on. 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. A t 9:22 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, except Councilman O'Neill who was excused for the balance of this meeting. By Councilman Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was #483-58 RESOLVED that, the report of Lybrand, Ross Bros. and Montgomery, Certified Public Accountants, of their examination of the financial state- ments for the year ending February 28, 19.581 of the Water and SewerDivision, is hereby received and placed on file. By Councilman Salvadore, seconded by Councilman Bagnall, it was #484-58 RESOLVED that, having received the reported comments and recom- mendations for the year ending February 28, 195d, of the Water and Sewer Division of the City of Livonia from Lybrand, Ross Bros. and Montgomery, Certified Public Accountants, the Council does herein concur with said re- commendations and directs the Water and Sewer Division to implement said recommendations immediately. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. Councilman Bagnall read the report of the Finance Committee regarding the new proposed Financial Ordinance. Page 3505 Councilman Bagnall introduced the following Ordinance: NO. AN ORDINANCE PROVIDING ON B7,HALF OF THE CITY OF LIVONIA A PROCEDURE FOR ACCOUNTING, THE PURCIASING OF PROPERTY AND SERVICES, THE MAKING AND APPROVAL OF CONTRACTS, TIE APPROVAL OF PAYM:NT OF :ACCOUNTS, AND THE CONTROL OF RECEIPTS, CASH AND EXPENDITURES. THE CITY OF LIVONIA ORDAINS: Sectio .. /11Title. This ordinance may be known and cited as the Financial Ordinance. Section 2. Purpose. The purpose of this Ordinance is to provide on behalf of the City of Lilionia procedures for accounting, the purchasing of property and ser- vices, the making and approval of contracts, the approval and payment of accounts, and the control of receipts, cash, and expenditures. Section 3. Construction. This ordinance shall be liberally construed in such manner as to best effectuate its purpose. Section 4. Accounting System; Forms. The accounting system of the City shall conform to such uniform system as may be required by law. In the absence of a State law or City ordinance providing a uniform system of accounting, such system shall be established and maintained under the supervision of the Chief Accountant according to generally recognized rules of municipal accounting. The Chief Accountant shall pre- pare all forms and rules of Froceulre necessary or incidental to the complete operation of said system of accounting. Section 5. City Treasurer. The City Treasurer shall have custody of all monies of the City and shall pay all claims against the City, including sums due on purchase orders and contracts, only on presentation to him of duly certified vouchers. The Treasurer shall also keep and maintain in his office all records and books as are necessary and incidental to his prescrioed duties. Section 6. City Auditor. The term "City Auditor" as used in this ordinance shall mean a certified public accountant experienced in municipal accounting and en- gaged by the City to make the annual audit required by Section 12, Chapter VII, of the Charter of the City of Livonia, and other audits as maybe required by the City Council pursuant to such Charter provisions. The City Council shall at least once a year designate and enter into a contract for the service of a City Auditor, which contract shall fix his duties and responsibilities, and determine the compensation he is to receive for such services. Section 7. General Accountant. The City Clerk shall be the General Accountant of the City and shall examine and audit all accounts and claims ajainst the City and keep books of account of the assets and receipts of the City. Section 8. Chief Accountant. Pursuant to provisions of Section 7,subsection (1), and Section 10, of Chapter V, and Section 2 of Chapter VII of the City Charter, Page 3506 there is hereby created in the office of the City Clerk a Division of Accounting which shall be under the supervision of a Chief Accountant. The Chief Accountant shall keep and maintain the control accounting records and detailed accounting records of the City and preaudit of all expenditurea and invoices. The Chief Accountant shall prepare pro- cedures, manuals, and be responsible for the training of accounting personnel and shall assist the Mayor and the City Council in the preparation of the financial programming of the City. The Chief Accountant shall be responsible for the preparation of all financial statements and reports needed to show the financial condition and financial operation of the City, monthly, quarterly, annually, and at any other time when re- quested by the City Clerk, the Mayor, or the City Council, such financial statements to be subject to the provisions of Section 6 of this ordinance. The Chief Accountant shall also keep and maintain excerpts of all ordinances, resolutions, contracts, com- munications, proceedings, and other matters pertaining to accounting. Section 9. Budget Director. Pursuant to the provisions of subsections (a), (g), (i), and (k), of Section 5, and Section 10, Chapter V, and Sections 3 and 7 of Chapter VII of the City Charter, the office of Budget Director is hereby created. The Budget Director snail act as an administrative assistant to the Mayor in all financial matters and shall be under the direct supervision of the Mayor. The powers and duties of the Budget Director shall include the following: (a) He shall furnish the Mayor with financial advice and sheJ1 assist the Mayor in the preparation of the annual City budget and in the ad- ministration of said budget; (b) He shall act as purchasing agent for the City and, pursuant to the rules and regulations established under this ordinance, shall contract for, purchase, store, and distribute all supplies, materials, and equipment re- quired by any office, department, or agency of the City, and shall establish and enforce specifications with respect to supplies, materials, and equip- ment required by the City, inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity, and conformance with specifications, transfer to or between offices, deeartments, or agencies, or sell surplus, obsolete, or unused supplies, materials, and equipment, and delegate to any director or department head, or a representative thereof, such authority of purchas- ing agent to the extent and under such conditions as the Budget Director may determine; (c) He shall be responsible for preparing all forms and rules of pro- cedure necessary for the purchasing of property and services as provided in this ordinance, and for the performance of his duties as Budget Director, all of which forms and rules shall be subject to approval by the Mayor under subsection Ws Section 5, Chapter V, of the Charter; and (d) He shall perform such other duties as may be required of him by ordinance or the Mayor. Section 10. Contracts in General. No contract for the purchase of property or services, or for any other rurpose, shall be binding on the City of "Jivonias unless and until a proper appropriation has been made by the Council sufficent to satisfy the City's current fiscal Year financial obligation under such contract, and unless such contract has been duly authorized as hereinafter provided. Section 11. Approval of Contracts. Where not prohibited by law and where Page 3507 otherwise permitted by this ordinance, contracts on behalf of the City for the purchase of personal property or services involving an obligation on the part of the City less than $1,000.00 may be approved by the Budget Director after his receiving a proper requisition from a director or head of the department requiring such property or ser- vices without first attaining approval of the City Council. All other contracts shall not be binding on the City until approved by action of the Council. Section 12. Bids. (a) Where the obligation of the City under a contract is $300.00 or less, no bids shall be required prior to the making of such contract. Prior to the making of any contract imposing an obligation on the City, of an amount greater than $300.00, the director or department head of the particular department involved, or the purchasing agent, if there be one, shall procure at least three (3) competitive bids in writing; provided, how- ever, that less than three (3) bids may be procured where the director, de- partment head, or purchasing agent certifies in writing the reasons why three (3) bids cannot be procured. (b) In determining whether or not the amount of any purchase requires the taking of bids for materials or s ervices, the total estimated expenditure for the next succeeding twelve (12) months shall govern. The Council at its discretion shall have the right to reject any and all bids. No contract shall be awarded other than to the lowest bidder except by authority of the CoA-lail. Where the obligation of the City under a proposed contract is $1,000.00 or more, sealed bids shall be solicited by advertise- ment in the official newspaper by the director or head of the department, and such advertisement shall reasonably state pertinent information con- cerning the proposed contract and fix a period of at least seven (7) days following the date of publication within which bids shall be received. Wherever possible the plans and specifications for the items to be bid upon shall be drafted so as to allow at least two (2) bids to be received. Where drafting of the plans and specifications in such manner is not possible, the director or head of the department shall submit proper documentation establishing that such is the case to the City Council. All advertisements for bids shall be approved as to form by the City Attorney, by the Budget Director as to an existing sufficient appropriation, shall require that bids when submitted be identified and marked "sealed bids" and shall be addressed to the City of Livonia. All bids requiring advertisement shall be presented publicly unopened to a Bid Committee consisting of the City Clerk or his authorized representative, the Budget Director and the representative of the requisitioning authority at a time and place set forth in the advertise- ment. All council members shall bo ex-officio members of this Committee and shall be notified of Bid Committee meetings. The bids shall then be referred by the Bid Committee to the requisitioning authority for report and re- commendation to the City Council. All advertisements forbids shall also provide that bids may be received, prior to the specified time of the public opening of such bids. (c) Notwithstanding the foregoing provisions of this section, no bids shall be required prior to the making of a contract in the follow- ing instances: (1) In the case of an emergency which is fully explained in a written memorandum, approved by the Mayor, filed with the City Clerk, and transmitted to the Council; and Paso 3508 (c) In connection eith all ot er contracts including enginooring, legal, accounting, a rchotectural, or other professional services which are al:proved by resolution of the Council stating the reason or reasons for ni taking bids . (a) All bids, regardless of amount, shall constitute public records and shall be preserved in the office of the City Clerk for a period of six (6) years following the date of oeening. Section 13. Requisitions and Purcnase Orders. All purchases of proeerty and services shall require the issuance of a requisition. Purchases of property in excess of .;10.00 shall require the issuance of a requisition and a purchase order. Purchases of services in excess of 110.00 ;hall reoui re the issuance of a requisition and the ap- proval of such requisition by the Budget Director. No requisition shall be approved nor purchase- order is-ued by the Budget Director until there is filed in the office of the Budget Director a written requisition prepared in ci,,adruplicate and signed by the person requesting the purchas_ order, approved by the director or aepartment giving full particulars as to the i)reposel parch se and appropriation to be charged, and until the Budget Director shall have approved the proposed expenditure as having been authorized by the budget./ or a si: ecial aipropr ation. Before approving any requisition, the Budget Director shall determine that there is a sufficient balance in the budget account to meet the proposed expenditure and on his request, the Account- ing Division will funds a certification as to the existing unencumbered balance in any particular budget account. Whenever bids are recuired by Section 12 of this or- dinance, copies of such bids shall accompan - the requisition for purchase order. Section 14. Payment o_ Claims. All vouchers shall be prepared and certified and one copy shall be left in the office of the City Treasurer as his perrnaient record of his authority to pay each claim; provided, however, that where it is impossible to leave such voucher in the Treasurer's office, there shall be deposited in such office, in lieu thereof, a duly certi fie() list of such vo ichers. Payment of such claims shall be made by warrant on the proper fund ,71-lech shall be in the form of a check payable by a depository bank out 01 the funds of the Caiy deposited in such bank and signed in ouch manner am by such officers as the Council may determine by resolution. Section 15, Duly Certified \,ouchers. The term "duly certified voucher" as used herein, shall mean a voucher form to 1, hich an invoice or letter of authorization is ateached, indicating the particular fund or budget accourt to be charged and supported by the following certifications : (a) Ly the director or departraent Lead in charge of the department re- ceiving such goods, or services, that the quantity and quality are the same as stated .in the invoice or letter .f authorization, that such goods or s ervices have been receiv uoy the Cit , t hat the director or department head Las en file in his department evidence of the delivery of such goods, and the the oat,- and rrice thereof conform Ath the order placed by such department; and (b) By the Chief Accountant and. the City Clerk that the invoice or letter of auth(rization a.grees vith the purchase order and/or requisition as to price, quantity, and extension el_ price; provided, however, that the director or department head shall transmit to the Budget Director the invoice or letter of autoorizatim, which in turn shall be transmitted by the Budget Director to the AccoAntirk_, Division, together with a copy of the purchase Page 3509 order. The Accountin Division, upon receiv,_n,; such information, shall prepare a voucher form which shall be transmitted to the City Treasurer for payment. Section 16. inance and Insurance Committee. A Finance and Insurance Committee is hereby created consistirk of three (3) members of the C ouncil. The purpooe and function of this committee shall be to consider, study, and recommend all such matters with regard to the financial interest, dealings, and transactions of the City of Livonia. A quorum of such committee for the conducting of its business shall consist of two (2) members. Section 17. Control of Cash. The ccllection of all money shall be central- ized in the City Treasurer and his deputy or deputes, except where otherwise permitted by the rules of procedure authorized in this ordinance. Where it is necessary for other officers or employes to receive money, they shall issue receipts therefor on numbered forms to be furnished to them uy the City Treasurer, an_i such forms shall be periodically examined and accounted for be the City Auditor. The rales of procedure referred to in Section )4 of this ordinance shall provide for petty cash or workin1 funds when needed for change or other purposes, for the ahancement o; definite sums from City funds for such purposes to the officer needi nh such ach arces, .i r r heeeire such funds intact, for the use of such funds .in acconnncc rri th the i.Ilprest s,;istem where expenses must be paid out of them, for reimbursernant o. -�.u'`" lend unen necessary, and for tee return of such funds to the City Tr -,surer .r: =gin Chey ar no longer needed. All oe rsons re- ceivi n_ m°no shall turn rev_r ."11 money Cul t�c n 1 _daily to the City Treasurer or lid s deputy, without deductions for ovine 1 on, salaries or other items. Lvery person re- ceiving City money shall be responsible and accountable for it until he has turned it over to the City Treasurer or other persons anthori<ed to receive _It, an , recoil cc rcrer reed ' t to reoe, or in the case of the City Treasurer, :as disburse it in an auth 'szed manner. Any merger it intermil ,ling f City funds with private funds is hereby prohibited. Every per' in r'ecce_vine or handling money s ball, by res cluti on of the Council, be placed under send and the e_cense thereof small be paid by the City. Section lb. ineenees. Al fficere end em loyee of the City shall each month file with the City Clte rk in writin_ rz err-Irate and c umpl to report of all ex- penses incurred or rail tov teem 01 '; :unli of the uity during the preceding month. The Council may, in its di:cretion, -lit in e,i.tens on of sixty (do) days i or the ub- mission of any such report w ff'r t i1_ds 4h t the report , as been delaced for reasons berond the control of tee person .3115;11J tt;.'Cly; the rep_rt. Such reports shall se supported oy invoices, receipts, un_i ,u.tsi other evi df-nce an 'rioj be required by the rules of pro- cedure under this ordinance. All ic..re, and euiplow(e., of tyre City shall be allowed for the use of i;h_r.r own motor veiri_cl.c oi)n le en Ci+.,, Je3.4neo._, the sum of eight cents (1.08) per mile; _rovi.iell however, that the Co i_nc.i1 may, from time to time, provide by resolution the+ r.ert.,_calar officEre and eglo;, es may elect to receive a fixed sum per month, as determined by tee Council, in lieu of the ti."oreeentioned. sum per mile. Section 19. Jtil"i"t;.- Sere-ice ;. No lore 1_ ecnaract or 1 u''chase order shall be required in order that the City of Liven. i, cru? _ts various departments, subdivisions, and agencies may obtain recessare water, rrl metric, gas, telephone, ani. other. utility services and the Citi- s i«1l ue obl at, d to r uy for the came at the current approved rates generally charged by public utility comeanies; rrovi_deJ, Irwever, that, the City doee not in any way waive its right to object to sr contest s ich rates as to ri asonaule- nese and amount. Section 20. Transfer of Funds. No dt.partment shall transfer funds, that have been appropriated to a certain ac_ aunt or the department to another account of the de- partment, without having first ob t<_ .neil ahi approval of the Mayor, and the Coanc.l for such transfer. Page 3510 Section 21. Executive l ergencv rand. There shall oe established in the annual budget each year a special budget account to be entitled, "Mayor's Emergency Fund", in an amo int not to exceed dt5,0L)0.00. The purpose of the "Mayor's Emergency Fund" shall be to ma._e funds available in the case of an emergency. Notwithstanding the foregoing provisions of this ordinance, the City Treasurer shall be authorized to disburse funds drawn on the "Mayor's Emergency Fund" upon direct request of the Mayor. Subsequent to the disbursement of such funds, the Mayor shall cause a request to be made for a transfer of funds to the Council to replenish the "Mayor's Emergency Fund" by either charginL an existing budget account or by an additional appropriation. Section 22. Repeal. Cr_i_nances Mo. 35, 78, ih0 and 15and hereby repealed as of the date that th,s ordinance takes off, ct. All ot'e r ordinances or parts of ordinances in conflict herewith are nereb r pe fled only to the extent necessary to give this ordinance full force and effect. Section 23. Severability. Should any portion of this ordinance be held inv-lid for any reason, such hol�iin shall not be construed as affecting the validity of any of the remaining portions of this cmdinance. The foregoing ordinance ,vas placed on the table for consideration at the next regular meeting of the Council. Dy Councilman McCann, seconded by Councilman Salvadore, it was #4C5-58 RESJLtiE1) that, pursuant to the report and recommendation of the Director of Public Works and Assistant City Engineer dated July 17, 1958, the Coincil does herein authorize Joseau Kaufman to install son Lary sewer and storm sewer improvements on the Southeast corner of Yale Avenue and Plymouth Road In the City of Livonia on the condition that the said Joseau Kaufman post a bond in the amount oi d,'1� 700.0� to Insure the installation of said improvements; and that the said Joseau Kaufman shall pay to the City of Livonia 3-1/2% insnect:ion fees and all other charges established by Ordinances of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Dagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman McCann, it was #1.86-5.1 FrESCLVED that, D. A. Laven, 15905 James Couzens, Detroit 21, Michigan, as proprietor, ; aving requested the City Council to approve the proposed plat of the following Subdivision: Westrail Subdivision located on the Northwest corner of Ann Arbor Trail and Ievan Road in the South 1/2 of Section 32, City of Livonia; and it ai.pear.in, that tentative approval of said propos d plat was given ay the City Planning Commission under date of April 12, 1Q55 and June 3, 1P58; and it further appearing that said proposed plan, together withthe plans and specifications for improvements therein, have been approved by the Department of Public Works ander date of July 11, 195E; the City Council does hereby approve said proposed plat on the following conditions: Page 3511 (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: Forty Nine Thousand Dollars - - ($49,000.00) and until all inspection fees and other charges due to the City of Livoniahave been fully paid; (4) On full compliance with the above conditions and with the provisions of said Flat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Saivadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall, it was #487-58 RESOLVED that, Mr. George Karabeneck, Carey Homes, Inc., 10404 Fenkell, Detroit 38, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Carey Meadows Subdivision located on the Southwest corner of Bretton Road and Middle Belt in the Southeast 1/4 of Section 2, City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of May 20, 1958; and it further appear- ing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of July 18, 1958; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No.135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department cf Public dorks and such Page 3512 improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section lIt of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satisfactorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: - - One Thousand Three Hundred Dollars - - ($1,300.00) - - - and until all inspection fees and other charges due to the City of Livon_i a have been fully paid; (4) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall , seconded by Councilman Salvadore, it was #1.88-58 RESOLVED that, pursuant to the report and recommendation of the Department of Public Works dated July 17, 1958, the Council does herein authorize the proprietor to install a sanitary sewer extension on Greenlane Avenue on the condition that said proprietor post a bond in the amount of $800.00 to insure the installation of this improvement and on the condition that said proprietor shallpay to the City of Livonia 3-1/2% inspection fees and all other charges established by Ordinance of the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was #489-58 RESOLVED that, pursuant to the report and recommendation of the Water and Sewer Board dated July 15, 1958, the Council does herein approve said report and recommendation and accepts the revised Sewer Budget for the fiscal year commencing March 1, 1958, and ending February 28, 1959. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. Page 3513 By Councilman Salvadore, seconded by Councilman McCann and unanimously adopted, it was #490-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated June 17, 1958, in regard to Petition No. Z-269 of Unity Construction Company asking for change of zoning classi- fication in the Northeast 1/4 of Section 23 from RUF to R-1-A, the Council does herein deny said Petition No. Z-269 for the reason that the property therein involved has been purchased by the City for park purposes. By Councilman Sasser, seconded by C ouncilman Bagnall and unanimously adopted, it was #491-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 10, 1958, in regard to Petition No. Z-273 of Morton and Minnie Katz asking for change of zoning classifica- tion in the Northwest 1/4 of Section 22 from CC to C-2, the Council does herein concur with said recommendation and Petition No. Z-273 is hereby denied. By Councilman McCann, seconded by Councilman Bagnall, it was #492-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 7, 1958, in regard to Petition No. Z-278 of Richard P. Haley asking for change or zoning classification in the Southwest 1/4 of Section 25 from R-1-B to R-2, the Council does herein deny said Petition No. Z-278. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert and Sasser. NAYS: Grant. The President declared the resolution adopted. By CouncilmanSasser, seconded by Councilman Bagnall and unanimously adopted, it was #1193-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 7, 1958, in regard to Petition No. Z-279 of Irvin J. Lewis and wife for change of zoning classification in the Northwest 1/4 of Section 1 from RUF to PS, the Council does herein concur with said recommendation and Petition No. Z-279 is approved; and the City Attorney is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman B agnall, seconded by Councilman Sasser and unanimously adopted, i t was #494-58 RESOLVED that, having considered the report and recommendation Page 3514 of the City Planning Commission dated July 7, 1958, in regard to Petition No. Z-282 of Joseph Rich for change of zoning classification in the North- east 1/It of Section 21 from RUF to R-3, the Council does herein deny said Petition No. Z-282. By Councilman Kleinert, seconded by Q uncilman Bagnall and unanimously adopted, it was #495-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 7, 1958, in regard to Petition No. Z-283 of Mr. and Mrs. George A. Empey asking for change of zoning classification in the Southwest 1/It of Section 1 from RUFB to R-1 B, the Council does herein concur with said recommendation and Petition No. Z-283 is hereby approved; and the City Attorney is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Salvadore, seconded by Councilman Kleinert and unanimously adopted, it was #196-58 RESOLVED that, having considered the report arra recommendation of the City Planning Commission dated July 7, 1958, in regard to Petition No. Z-285 of Donald C. Deremo for June Development Company asking for change of zoning classification in the Southeast 1/4. of Section 20 and the North- west 1/4 and Southwest 1/14 of Section 21 from AC$ to R-1-A, except the North 500 feet of Parcel No. 9 which is to be changed to R-3, the Council does herein concur with said recommendation and Petition No. Z-285 is approved; and the City Attorney is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #497-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 7, 1958, in regard to Petition No. Z-286 of Caroline C. Vinnell asking, for charge of zoning classification in the Southwest 1/4 of Section 1 from RUF to C-2, the Council does herein concur with said recommendation and Petition No. Z-286 is approved; and the City Attorney is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #49E-58 FJ( Tec.2eteat, having considered the report and recommendation of the City Planning Commission dated July 7, 1958, in regard to Petition No. 2-288 of Roy J. McGlothin asking for change of zoning classification in the Northeast 1/4 of Section 33 from RUFB to R-1-A, the Council does herein concur with said recommendation and Petition No. Z-288 is approved; and the City Attorney is hereby instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Page 3515 By Councilman Salvadore, seconded ov Counci.lnian Sasser and unanimously adopted, it was #499-58 RLSOLVED that, naving considered the report and recommendation of the Department of Publ c Works dated July 9, 1958, the Voancil does herein refer said report to the Department of Law for its report aid re- commendation as to whether or not monies deposited witn the City of Livonia for the clean out of the Bell Drain may be used for the clean out of the Blue Drain and vice versa. By Councilman Kleinert, seconded by Councilman Bagnall ald unanimously adopted, it was #500-58 RESOLVED that, Petition No. V-36 submitted by certain residents in the Citi, of Livonia to vacate an alley at the rear of Lots 40 thru 53, inclusive, and adjoining Lots 157 aid 158, northwest of Curtis and Floral Avenues, located in Sunningdale Park Subdivision, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #501-58 RESOLVED that, Petition No. V-37 submitted by Jack Rose to vacate the easement on Lot No. 200 of Livonia Meadows Subdivision in the City of Livonia, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Bagnall, seconded by Councilman Salvador°, it was #502-58 RESOLVED that, pursuant to the report and recommendation of the Budget Director dated July 18, 195', the Council does hereby transfer from the Unappropriated Surplus to Legislative Budget Account No. 3 (Office Supplies) the sum of $150.00, and the sum of $1,200.00 to Legislative Budget Account No. 8-M (Publication of Minutes). A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #503-58 RESOLVED that, before determining to install certain paving and/or drainage on Henry Ruff Road between Crandon on the North and Joy Road on the South in Section 35, the cost of which is to be defrayed by special assessment, the City Engineer is hereby instructed 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, Page 3516 and prepar: or cause to be prepared plans and specifications therefor, and an estimate of the cost thereof and to file the same with the City Clerk together with his recomendation as to what proportion of the cost should be paid by sp. cia.l. asses anent and what part, if any, should be a general obligation of the City , the number of installments which assessments may be made and the land wh_.ch s 0c b,, i(.luded in (,o ro osed special assess- ment district, pars_cant to the provisions of Section 6 of Ordinance No. 31, as amended. By Councilman Kleinert, seconded by _Counc Lien Salvadore, it was resolved that #50 -58 WHEREAS, the City of Li voriia after due investigation and con- sideration hes determined that the sewage lisposal system of the City does not adequately service all of those properties intended to be serviced; and WH;ER!a.AS, this situation has arisen ecause of the failure to install and construct an adequat number -)f sanitary sewer cross-overs, thereby making it virtually i iposstble for abutting property owners to utilize such sewage disposal system; and HEFEAS, it arrears that some 1140 ind vidual buildi ngs are presently unable to connect to the r resent sewage disposal system due solely to the lack of such cro:es-ov, rs and it a_,pearing further. that 70 persons have, at their own expense, installef cross-overs in order that they might utilize the existing sanitary sewer; IT RESOLVED that, rursuant to and in accordance with the report and recommendation of the 'plater and Sewer Board of the City of Livonia dated May 20, 195' , wherein they recommend that the City reimburse approximately j0 individuals who have heretofore installed necessary cross- overs to the sewage disposal system and also recommending that the City of Livonia provide some 1)40 additional six inch sanitary sewer cross-overs so as to facilitate the connection of existing buildings to the sewage dis- posal system, and the Engineering Division of the Department of Public Works having, in its report dated May 19, 1958, indicated that the cost of such undertaking to be approx.i_mately $143,000.00, that is $9,000.00 reimbursement to those property owners having previously installed cross- overs and $34,000.00 to cover the cost of installing cross-overs for 114.0 existing buildings,and the Council having determined that the installa- tion of sanitary sewer cross-overs should properly have been included in said contract in the first instance in order that such sewage disposal system would be available for servicing abutting properties and would thereoy have been a logical part of such project, does herein requamt that the Board: (1) Add the above described project, namely the installation of approximately 210 cross-overs, to the contract dated March 21, 1955 and supplemented by a contract dated August 214, 195 , by and between the Board of Wayne County Road Commissioners and the City of Livonia providing fir the construction of additional major facilities; (2) Approve the use of a sufficient number of surplus revenues, approximately $43,000.00, presently in the possession of the County from the issuance of bonds in connection with the above contract to cover the cost of such project; Page 3517 (3) Approve of the making of progress parments from the above surplus revenues directly to the City of Livonia upon presenta- L tion by the City to the Board of duly certified vouchers; provided further, that the legal firm of Miller, Canfield, Paddock and Stone is herein requested to render an opinion as to whether or not such project may be properly financed from surplus revenues of the present sewer bond issue, and also whether or not such project may be validly added to the existing contract of the Board of Wayne County Road Commissioners referred to 'above; and further that the City of Livonia hereby accepts responsibility for the construction, inspection and supervision of final acceptance for the in- stallation and construction of the above referred to cross-overs; provided further, that the City Clerk shall immediately, after the effective date of this resolution, transfer certified copies of same to Mr. S. A. Noetzel, Secretary of Wayne County Road Commission, Mr. A. T. Kunze, Sanitary Engineer and the legal firm of Miller, Canfield, Paddock and Stone. A roll call vote was taken on the foregoing resolution with the following result: AYES: Selvadore, McCann, Bagnall, Kleinert, Sasser and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #505-58 RESOLVED that, the Council suspend the rules of procedure to take care of an item not on the agenda. By Councilman McCann, seconded by Councilman Bagnall and unanimously adopted, it was #506-58 RESOLVED that, the City Planning Commission is hereby requested to amend Zoning Ordinance No. 60 so as to provide that gasoline service stations shall only be permissible in C-2 districts, as defined in the ordinance; and that said ordinance be amdnded so as to provide standards for the location and use of the same. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #507-58 RESOLVED that, regular meetings of the Council of the City of Livonia for th month of August, 1958, shall be held on the 11th, 18th and 25th days of that month. On motion of Councilman Bagnall, s econded by Councilman Sasser and unanimously adopted, this 252nd regular meeting of the Council of the City of Livonia was duly adjourned at 10:17 P. M., July 2L., 1958. r-1 z / arie W. Clark, City Clerk Page 3518 MINUTES OF 'VIE TWO HUNDRED FIFTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 11, 1958, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President at approximately 8:17 P.M. Councilman Bagnall 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, Jack Salvadore and James R. McCann. Absent-- None. By Councilman Kleinert, seconded by Councilman Baghall and unanimously adopted, it was #508-58 RESOLVED that, the minutes of the 252nd regular meeting of the Council of the City of Livonia held July 28, 1958, are hereby approved. Councilman Kleinert introduced the following Ordinance: NO. AN ORDINANCE AMENDING ORDINANCE NO. 51 OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "BUILD- INVG CODE OF THE CITY OF LIVONIA," BY ADDING THERETO SECTIONS 5.13, 5.14 AND 5.15. THE CITY OF LIVONIA ORDAINS: Section 1. Ordinance No. 51 of the City of Livonia, known and cited as the "Building Code of the City of Livonia," is hereby amended by adding thereto the following sections: Section 51.3 Affidavit as to Debt Service Charge. No building permit shall be issued unCleTThe provisions of this ordinance until there shall have been made and filed with the Register of Deeds for the County of Wayne an affidavit as herein provided or, in lieu thereof, shall have filed with the Bureau of Inspection a certificate as hereinafter defined. Such affidavit shall contain a legal description of the land involved and shall state whether or not such land is situated in an area or district in which sewage disposal, sewer or water services and facilities have been or are being financed by the sale of bonds under the Revenue Bond Act of 1933 and, if such financing has or is taking place, the amount of debt service or other charges which have been or will be made under the provisions of any ordinance adopted by the City of Livonia pursuant to such Revenue Bond Act, for the use of such services and facilities by any resident or occupant of the building or buildings to be erected on such land under the permit for which application has been made. Said affidavit shall also show the zoning classification of such land under Ordinance No. 60, known as the "Zoning Ordinance of the City of Livonia." In lieu of such affidavit, applicant Page 3519 may obtain from the Department of Public works or Water Supply System, a certificate showing that there are no debt services or other charges as above defined. The Department of Public works or Water Supply System shall promptly issue such a certificate on request of any applicant. Prior to the issuance of a permit, the applicant shall either produce satisfactory evidence to the Bureau of Inspection that an affidavit has been recorded as above pro- vided and shall file with the Bureau a true copy of such affidavit, or he shall file with the Bureau the above authorized certificate. Section 5.14 Fonn of Affidavit. The affidavit required to be filed with the Register of Deeds for the County of Wayne under the pro- visions of Section 5.13 shall be in the following gorm: NOTICE OF CLAIM OF INTEREST Under Act 200 of the Public Acts of 1945 I, , Director of Public Works for the City of Livonia, a Michigan MurdcipaI corporation, in the County of Wayne, State of Michigan, being first duly sworn, depose and say that I am the authorized agent for the said City of Livonia to make the hereih recited statements, and that pursuant to Act 200 of the Public Acts of 1945 the City of Livonia, as claimant, does herein and by this instrument file for recording its Notice of Claim authorized for recordation under said act. Your deponent does further depose and say that this affidavit is made pursuant to the terms and provisions of Ordinance No. , which ordinance provides that no building permit for construction in The City of Livonia shall be issued until there is first made and filed with the Register of Deeds for the County of Wayne an affidavit setting forth the amount of any debt service ar other charges which have been or will be made under the provisions of any ordinance adopted by the City of Livonia pursuant to the Revenue Bond Act of 1933. Your deponent further says that the following described parcel: (Insert Desorption) is situated in an area or district in which sewage disposal, sewer aid water service facilities have been or are being financed by the sale of bonds under the said revenue bond act and that there is due and owing to the City of Livonia a debt service charge in the amount of ; that said charge is due and owing to the said City of Livonia pursuant to the provisions of Ordinance No. of the City of Livonia; that the zoning classification of the above described property is , which zoning classification restricts the use of property to ; that the purpose of making this affidavit is to comply with the aforementioned Ordinance No. of the City of Livonia and to give notice to future owners of the above described parcel of the charges referred to herein. -Director of Public Works Page 35a) Subscribed and sworn to before me this day of 19 Notary Public, Wayne County, Michigan Ir Commission Expires: Section 5.15 Notice to Purchaser. No permit shall be issued under the provisions of this ordinance unless the applicant shall agree that, in the event the land involved is situated in an area or district in which sew- age disposal, sewer or water services and facilities have been or are being financed by the sale of bonds under the Revenue Bond Act of 1933, he shall, prior to the sale of such land and the building or buildings erected thereon under the requested permit, notify in writing the purchaser of the existence and amount of any debt services or other charges established or in the pro- cess of being established by ordinance of the City of Livonia adopted pur- suant to such Revenue Bond Act. Failure to comply with such agreement shall constitute a violation of this ordinance, punishable as provided in Section 6.03 hereof. Section 2. Ordinance No. 82 is hereby repeated as of the date that this ordinancealoes effect. All other ordinances or parts of ordinances in conflict here- with are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 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 Sasser, seconded by Councilman Salvadore, it was #509-58 RESOLVED that, the Council of the City of Livonia, deeming it necessary for the public safety and for the orderly development of the streets and roads within the City of Livonia, does herein request that the Board of Wayne County Road Commissioners consider and take the formal steps necessary for obtaining jurisdiction and extending Merriman Road from Seven Mile to Eight Mile Roads and Newburgh Road from Plymouth to Eight Mile Roads. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Sasser, Salvadore and Grant. NAYS: Kleinert. The President declared the resolution adopted. Page 3521 By Councilman Salvadore, seconded by Councilman McCann, it was #510-58 RESOLVED that, having considered the report and recommendation of the City Treasurer dated July 31, 1958, the Council does herein authorize the City Treasurer to purchase a new Burroughs and Bell & Howell Style BH 205-F Moro-Twin Combination Recorder and Reader, or similar equipment, for the sum of $2,374.00„ for the purpose of microfilming City records and checks; and the Council does herein authorize the following sums transferred to City Treasurer's Account #F-70 (Capital Outlay): $267.00 from Acct. #F-1X (Clerical Salaries) 65.00 from Acct. #F-3 (Office Supplies) 47.00 from Acct. #F-8 (Publishing) 80.00 from Acct. #F-10 (Travel & Education) 11.00 from Acct. #F-50 (Errors in Tax Roll) for a total of $500.00; and further that the sum of $850.00 be transferred from the Unappropriated Surplus to said Account #F-70. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Sasser, Salvadore and Grant. NAYS: None. L *Councilman Kleinert abstained from voting under the provisions of Section 9, Chapter IV of the City Charter. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Bagnall, it was #511-58 RESOLVED that, resolution #713-56 of the City Council, adopted at its regular meeting of October 29, 1956, is hereby amended in the following respect: Valuation of Work Fees $10,001 and over $53.00 plus $2.00 for each additional thousand or part thereof over and above the first ten thousand; except that where a building permit is issued to an eleemo- synary institution, the charge shall be in the amount of $1.00 for each additional thousand of said valuation; and that all other parts of said resolution #713-56, as amended, to remain the same. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. Page 3522 By Councilman Kleinert, seconded by Councilman McCann, it was #512-58 RESOLVED that, having considered the request dated June 11, 1958, from St. Mary Hospital in regard to the cost of a certain building permit fee and as a result thereof, the Council having adopted resolution #511.58, which resolution revises the existing schedule far building permit fees so as to include and provide for the construction of eleemosynary institutions, and it being the intention that such revised provisions shall be applicable to the comstruction of the St. Mary Hospital, the Council does herein deter- mine that there shall be refunded to the St. Mary Hospital authorities, 36800 Schoolcraft Road, Livonia, NS.chigan, the respective sums of $2,229.00 and $40.00 (Building Permits numbered B-2308)4 and B-22830), such amounts re- presenting the difference between those building permit fees previously specified and the fees presently prescrtbed for such construction, and that the City Clerk and City Treasurer are herein authorized and requested to do all things necessary to the fulfillment of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. By Councilman Salvadore, seconded by Councilman McCann, it was #513-58 RESOLVED that, having considered the report and recommendation of the School Board and City Council, Joint Committee; and Youth Recreation Com- mittee of the Council, the Council does herein instruct the Department of Law to prepare a lease agreement between Shelden Land Company as Lessor and the City of Livonia as Lessee to lease the following described property: Consisting of approximately 7 acres, more or less, situated in part of the N. W. 1/4 of Section 34, with the Department of Public Works to furnish an accurate legal description which shall be inserted in the lease; for a term of one (1) year and for the consideration of One Dollar ($1.00), and on the condition that the Shelden Land Company will be exempt from property taxes while the same is being used by the City of Livonia for re- Creation purposes; and the Mayor and City Clerk are herein authorized to execute said agreement on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, S alVadore and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Salvadore, it was #514-58 RESOLVED that, the matter of recommendation on bids for Diesel Tractor be tabled to the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result: Page 3523 AYES: O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: McCann. The President declared the resolution adopted. By Councilman Sasser, seconded by Councilman Kleinert and unanimously adopted, it was #515-58 RESOLVED that, having considered the report aid recommendation of Henry V. Herrick, Wayne County Drain Commissioner, with regard to the Livonia Drain No. 1, the Council does herein appoint William N. Ponder, City Attorney, to assist the Drainage Board for the Livonia Drain No. 1 for the purpose of acquiring rights-of-way for said drain project; and that Mr. Ponder is herein authorized to appoint such attorneys to assist him in this project as he, in his discretion, may determine to be necessary for the full accomplishment of such project. The Ordinance entitled "An Ordinance Providing on Behalf of the City of Livonia a Procedure for Accounting, the Purchasing of Property and Services, the Making and Approval of Contracts, the Approval of Payment c,f Accounts, and the Control of Receipts, Cash and Expenditures", introduced by Councilman Bagnall July 28, 1958, was taken from the table aid a roll call vote conducted thereon with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. The President declared the Ordinance duly adopted and will become effective on date of publication. By Councilman Sasser, seconded by Councilman McCann, and unanimously adopted, it was #516-58 RESOLVED that, having considered the report and recommendation of the Department of Public Works dated July 25, 1958, the Council does herein authorize the installation of a temporary sidewalk on the South side of Eight Mile Road from Brentwood Street West to a point adjacent to the entrance of Central Elementary School, and does further authorize the De- partment of Public Works to approve the use of the new type Poz-O-Pac material for sad installation; provided, however, that this resolution shall in no way relieve Practical Home Builders, Inc., from its responsibility to install a permanent concrete sidewalk at such future date as the develop- ment of the property may require. By Councilman Bagnall, seconded by Councilman McCann, it was #517-58 RESOLVED that, having considered the report and recommendation Page 3524 of the Department of Public Works, the Council does herein authorize the Department of Public Works to install roof ventilation at the East end of the City Hall building, and does further authorize the expenditure of an amount not to exceed $100.00 for said improvement; and that the sum of $800.00 is hereby transferred from the Unappr..riated Surplus to DPN, Account No. 70-B (Capital Outlay). A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, KLeinert,Sasser, Salvadore and Grant. NAYS: None. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #518-58 RESOLVED that, having considered the report and recommendatiOn of the City Planning Commission dated July 21, 1958, in regard to Petition No. V-31 submitted by certain residents in Botsford Park Subdivision for the vacating of alleys located between Inkster Road and Rensellor Blvd., (north-south alley) and also south of Lots 66-78, 183-194, 299-310 and 4.15-420 (east west alley), except the alleys running parallel north of Seven Mile Road, situated in the East 1/2 of the Southeast 1/4 of Section 1, the Council does herein concur with said recommendation and Petition No. V-31 is approved, subject to the creating of an easement the full width of such alleys; and the City Attorney is herein instructed to prepare a vacating ordinance in accordance with this resolution. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #519-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 21, 1958, on Petition No. V-32 as submitted by Jean Lobel, et al, for vacating of the north-south alley located between Dover Avenue and vacated Cathedral Avenue between Lots 155-169 and 205-219 in the Bonaparte Gardens Subdivision situated in the South 1/2 of the Southeast 1/4 of Section 35, the Council does herein concur with said recommendation and Petition No. V-32 is approved, subject to the crea ting of an easement the full width of such alley; and the City Attorhey is herein instructed to prepare a vacating ordinance in accordance with this resolution. By Councilman Salvadore, seconded by Councilman Bagnall and unanimously adopted, it was #520-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 23, 1958, in regard to Petition No.Z-274 of H. DeMichael and Silvino J. Delichael asking for change of zoning classification in the Southwest 1/4 of Section 26 from RUF to M-1, the Council does herein concur with said recommendation and Petition No. Z-274 is approved; and the City Attorney is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Page 3525 By Councilman McCann, seconded by Councilman Sasser and unanimously adopted, it was L #521-58 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated July 21, 1958, in regard to Petition No. Z-292 of Harry B. Wright asking for change of zoning classification in the Northwest 1/4 of Section 12 from RUF to R-1-B, the Council does herein concur with said recommendation and Petition No. Z-292 is approved; and the City Attorney is herein instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Sasser, seconded by Councilman O'Neill, it was #522-58 RESOLVED that, having considered the request of Meadowdale Land Company, 8104 West Nina Mile Road, Oak Park, Michigan, for permission to extend a certain ten inch sanitary sewer line in the City of Livonia, and pursuant to the recommendation of the Assistant City Engineer and D irector of Public Works dated August 1, 1958, the Council does hereby grant to the said Meadowdale Land Company permission to extend the present ten inch sanitary sewer lime approximately forty (40) feet in the 20 foot public alley immediately south of aid adjacent to Lots 425 and 426 of Botsford Park Sub- division, for the purpose of making necessary house connections and permitting the erection of homes on said lots; provided, however, that this permission is subject to the following conditions: (1) That the entire cost of this project will be borne by the said Meadowdale Land Company; (2) That all plans for said sewer line extension must be in- stalled and completed in conformance with the requirements of the City Engineer; (3) That Meadowdale Land Company deposit with the City of Livonia a surety bond in the amount of $550.00 guaranteeing that the in- stallation of such sanitary sewer line will be in complete accord« ance with the above said plans and specifications, and installed in accordance with the rules, regulations and ordinances of the City of Livonia; (4) That Meadowdale Land Company deposit with the City of Livonia 1/2 of 1% of the estimated cost of construction to cover the cost of reviewing the plans and specifications for such improvement; and provided further, that this permission is conditioned on the understand- ing between Meadowdale Land Company and the City that said extension lateral sewer, when installed, shall become part of the sewer grstem of the City of Livonia and that sewage disposal connection charges and all other rates legally established shall be applicable there to. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, O'Neill, Bagnall, Kleinert, Sasser, Salvadore and Grant. NAYS: None. Page 3526 By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #523-58 RESOLVED that, Petition No. V-38 submitted by Livonia Methodist Church located at 33015 Seven Mile Road in the City of Livonia, to vacate the alley between Loveland and Woodring, 100 feet south of Seven Mile Road, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Bagnal 1 , seconded by Councilman McCann and unanimously adopted, it was #524-58 RESOLVED that, the proposed ordinance dated July 31, 1958, to amend Section 4.04 of Ordinance No. 60, is hereby referred to the City Planning Commission for a public hearing pursuant to law and a report and recommendation thereon back to the City Council. On motion of Councilman Kleinert, seconded by Councilman Salvadore and unanimously adopted, this 253rd regular meeting of the Council of the City of Livonia was duly adjourned at 9:02 P. M., August 11, 1958. - lfi. Clark, City Clerk