HomeMy WebLinkAboutCOUNCIL MINUTES 1957-04-29 Page 2821
MINUTES OF THE TWO HUNDRED FIFTH REGULAR NST ING OF THE
COUNCIL OF THE CITY OF LIVONIA
On April 29, 1957, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:19 P. M., by the
President of the Council. Councilman Kleinert delivered the invocation. Roll was
called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney
B. Bagnall, Rudolf R. Kleinert and Peter A. Ventura. Absent-- *David L. Jones and
John T. Daugherty.
By Couhcilman Kleinert, seconded by Councilman O'Neill and unanimously
adopted, it was
#300-57 RESOLVED that, the minutes of the 204th regular meeting of the
Council of the City of Livonia held April 15, 1957, are hereby approved
as submitted.
*Councilman Jones arrived at 8:25 P. M.
Councilmen Bagnall read a letter from Fire Commissioner Douglas Campbell
regarding appropriation for purchase of motor vehicles).
By Councilman O'Neill, seconded by Councilman Ventura and unanimously
adopted, it was
#301-57 RESOLVED that, the request of the Fire Commissioner for appropriation
for purchase of cars is hereby tabled until after the recess this evening.
The City Clerk, Marie W. Clark, read a letter of resignation datad April
12, 1957, from Donald C. Leremo, member of the Zoning Board of Appeals.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was resolved that
#302-57 WHEREAS, good government cannot be maintained unless the conduct
and motives of its workers are such as to promote the best interests of the
public; and
WHEREAS, Donald C. Deremo has clearly shown his devotion to civic
matters by faithfully serving his community as a member of the Zoning Board
of Appeals; and
WHEREAS, Donald C. Deremo has in the course of such service given
Page 2822
unselfishly of his time and has conducted himself in a canner so as to merit
the commendation of the people of our City;
NOW THEREFORE, BE IT RESOLVED that, the Council of the City of
Livonia does, with great reluctance, accept the resignation of Donald Co
Deremo from his position as a member of the Zoning Board of Appeals and
extends to Donald C. Deremo its sincere appreciation and heartfelt thanks
for a job well done.
The hour of 8:30 P. M., having arrived, Marie W. Clark, City Clerk opened
and read the following bids:
STRUCTURAL IRON LADDER & SAFETY BASKET
1. O,Brien and Williamson Metal Products Co., Detroit $679.00
2. Ornamental Iron & Stair Co., Detroit 923.00
By Councilman Kleinert, seconded by Councilman Bagnall and unanimously
adopted, it was
#303-57 RESOLVED that, the foregoing bids for Structural Iron Ladder and
Safety Basket are hereby referred to the Department of Public Works for re-
port and recommendation.
SUPPLY & DISTRIBUTION OF ASPHALT EMULSION
1. Detroit Concrete Products Corporation
Item #1 - Asphalt Emulsion A. E.-3 $15,750.00
#2 - M.C. 1 5,400.00
#3 - Roller rental 475 per hour
#14 - Distributor rental 20.00 per hour
2. A & A Asphalt Company
Item #1 - Asphalt Emulsion A.E.-3 $22,500.00
#2 - M.C. 1 9,000.00
#3 - Roller rental 118.00 per day
#11 - Distributor rental 55.00 per day
3. McPherson Refining Company
Item #1 - Asphalt 'Emulsion A.F.-3 $12,750.00
#2 - M.C. 1 5,100.00
less 1% 10 days
#3 - Roller rental no charge
#4 - Distributor rental no charge
4. Ware & VanNuck
Item #1 - Asphalt Emulsion A.E.-3 $10,725.00
#2 - M.C. 1 !t,650.00
#3 - Roller rental 9.10 per hour
#4 - Distributor rental 12.25 per hour
Page 2823
By Councilman Bagnall, seconded by Councilman O'Neill and unanimously
adopted, it was
#301 .57 RESOLVED that, the foregoing bids for supply and distribution of
Asphalt Emulsion are hereby referred to the Department of Public Works for
report and recommendation.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#305-57 RESOLVED that, on recommendation of the Department of Public Works
dated April 22, 1957, the bid of Armco Drainage and Metal Products Company,
5-261 General Motors Building, Detroit 2, Michigan, dated April 14, 1957, in
the amount of $1.1,385.90 for Corrugated Metal Pipe is hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#306-57 RESOLVED that, on recommendation of the Department of Public Works
dated April 23, 1957, the bid of Telischak Trucking Company, 12300 Farmington
Road, Livonia, Michigan, dated April 15, 1957, for road surfacing aggregate
for the 1957 season in the amount of $1.22 per ton delivered, is hereby ap-
proved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
RESOLVED that, having considered the report of the Department of
Public Works dated April 25, 1957, the bid of Miller Equipment Company, in
the amount of $2,021.00 for Good Roads Handy Champion Chip Spreader is
hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: O'Neill, Kleinert and Grant.
NAYS: Bagnall, Ventura and Jones.
The President declared the resolution denied.
By Councilman Ventura, seconded by Councilman Bagnall, it was
RESOLVED that, the bid for Chip Spreader be referred back to the
Department of Public Works for further action.
A roll call vote w as taken on the foregoing resolution with the following result:
Page 282)4
AYES: Bagnall, Ventura and Jones.
NAYS: O'Neill, Kleinert and Grant.
The President declared the res,lution denied.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#307-57 RESOLVED that, on recommendation of the Department of Public Works
dated April 23, 1957, the bid of Sinclair Refining Company dated April 10,
1957, for gasoline for the three month period May 1 to August 1, 1957, in
the amount of 1+.05 cents per gallon is hereby approved, by reason of the
excellence of delivery and service.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
Marie W. Clark, City Clerk, read a letter from the Water and Sewer Division
regarding bid for portable air compressor.
By Councilman Jones, seconded by Councilman Ventura, it was
#308-57 RESOLVED that, on recommendation of the Water and Sewer Division
dated April. 29, 1957, the bid of Contractors Machinery Co., 333 Midland,
Detroit 3, Michigan, dated March 1)4, 1957, for LeRoi Portable Air Compressor
in the amount of $3,131.88 is hereby approved.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#309-57 RESOLVED that, the salary for the Deputy City Clerk and Deputy City
Treasurer for the period between December 1, 1956 and April 12, 1957, is deemed
to have been at the rate of $2.12 per hour; and that such offices shall be en-
titled to reimbursement for work performed during this period to the above
amount.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#310-57 RESOLVED that, having considered at length the prcper and reasonable
Page 2825
salary rate for the Deputy City Clerk and Deputy City Treasurer, the Council
L does herein establish and approve for such positions an anngal salary in the
amount of $5,000.00 for each of these positions, payable monthly, pursuant to
Section 4, Chapter V of the Charter of the City of Livonia, to be effective
April 13, 1957.
A roll call vote was taken on the foregoing resolution with the following result:
A!tS: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Ventura, it was
#311-57 RESOLVED that, the report of the Finance Committee for the month
of February, 1957, is approved and a summary spread upon the minutes as
follows:
General, Administrative and Legislative:
Executive $ 80.85
Legislative 493.15
City Treasurer 169.70
City Clerk 1,364.68
Department of Law 527.17
Municipal. Court 117.20
L Election Commission 3o6•45
Civil Service Commission 321.34
City Planning Commission 599.05
Department of Assessment 22.25
Civil Defense 24.37
State and Federal Legislation 100.00
Traffic Commission 38.80
City Hall 1,032.85
Court Building 117.01 $ 5,374.87
Department of Public Safety:
Fire Commissioner 25.00
Police Commissioner 25.00
Fire Department 1,185.24
Police Department 2,269.89 3,505.13
Department of Public Works:
Director of Public Works 25.00
Public Works Division 8,274.92
Engineering Division 836.11
Inspection Division 501411 9,637.14
Department of Parks and Recreation:
Parks Division 941.52
Recreation Division 407.24
Forestry Division 14.00 1,362.76
19,879.90
Acquisition of Land 205.66
L Insurance 7,996.44
Retirement 24.50
Middle Rouge G. 0. Bonds 41,942.22 50,168.82
70,,048.72
Page 2826
General Ledger Accounts:
LInventory Accounts $ 168.31
Reserve for Encumbrances 2,977.53
Accounts Receivable 94.80
Advances to Special Accounts 37,442.00 40,682.64
TOTAL $ 110,731.36
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Ventura, it was
#312-57 RESOLVED that, the report of the Finance Committee for the month of
March, 1957, is approved and a summary spread upon the minutes as follows:
General, Administrative and Legislative:
Executive $ 92.49
Legislative 708.11
City Treasurer 63.00
City Clerk 433.22
State and Federal Legislation 551.60
L Department of Law 211.12
Municipal Court 349.60
Civil Service Commission 211.12
Election Commission 382.08
Board of Appeals 541.50
Civil Defense 12.78
City Planning Commission 707.72
Traffic Commission 127.43
Court Building 103.56
City Hall 961.35 $ 5,464.58
Department of Public Safety:
Fire Commissioner 25.00
Police Commissioner 25.00
Fire Department 1,309.27
Police Department 1,900.64 3,259.91
Department of Public Works:
Public Works Division 13,921.62
Engineering Division 609.27
Inspection Division 831.59 15,362.48
Department of Parks & Recreation:
Parks Division 402.93
Recreation Division 619.96
Forestry Division 1,829.86
Cemetery Division 295.00 47.
27,234.72
Insurance 3,131.92
Acquisition of Land 10,163.56 13,295.48
40,530.20
Page 2827
General Ledger Accounts:
Contracts Payable $ 6,878.00
Land Contract Payable 11,917.50
Land Contract Interest 791.48
Advances 44,354.66
DPW Inventory Accounts 300.47
Reserve for Encumbrances 4,302.16 68,544.27
TOTAL $ 109,074.47
A roll call vote was taken an the foregoing resolution with the following result :
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#313-57 RESOLVED that, pursuant to the request of the Chairman of the
Traffic Commission dated April 2, 1957, and approved by the Mayor on April
3, 1957, there is hereby transferred from the Traffic Commission (Capital
Outlay) Account No. 70-C, the following sums: $500.00 to Traffic Commission
(Clerical) Account No. 1-X; and $200.00 to Traffic Commission (Office Supplies)
account No. 3.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert aid Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Ventura, it was
#314-57 RESOLVED that, pursuant to the request of the secretary of the
Zoning Board of Appeals dated March 25, 1957, and approved by the Mayor
on April 1, 1957, there is hereby transferred from the Unappropriated Sur-
plus to the Capita. Outlay Account No. 70-C of the Zoning Board of Appeals
budget, the sum of $207.50 to be used for the purchase of a Royal manual
typewriter from the Audette Office Equipment Company.
A roll call vote was taken on the foregoing resolution with the following result:
AXES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#315-57 RESOLVED that, pursuant to the request of Bert McKinney, City
Assessor, dated March 20, 1957, and approved by the Mayor on March 20, 1957,
there is hereby transferred from the Unappropriated Surplus to the Department
of Assessment Salary Account No. 1, the sum of $130.00 to be used as payment
to Clyde A. Bentley for 13 days work an personal property valuation for said
department; provided, however, that henceforth the City Assessor shall comply
Page 2828
more closely with Charter and ordinance provisions that require appropriation
prior to engaging the services of an individual.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Kleinert and Grant.
NAYS: Jones.
The President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Ventura and unanimously
adopted, it was
316-57 RESOLVED that, the Council has considered the request of the
rman of the Parks and Recreation Commission dated February 22, 1957,
for funds to purchase an electric mimeograph machine, and pursuant to the
recommendation of the Finance Committee of the Council, such request is
denied, since adequate duplicating facilities already exist within the
City departments.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#317-57 RISOLVED that, having considered the request from the Director of
Public works dated February 15, 1957, and approved by the Mayor on February
21, 1957, the Council does herein authorize the purchase of an adding machine
for the Public Works Division; that the Council accepts the bid of the Victor
Adding Machine Company, 11111 Grand River, Detroit, Michigan, in the amount of
$363.60; and that while such bid is not in fact the lowest bid, the purchase
of the Victor machine has substantial accompanying advantages, including
higher trade-in value and more efficient operation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura and Grant.
NAYS: Jones and Kleinert.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Bagnall, it was
#318-57 RESOLVED that, the following invoices from Wm. Wood Ins.Agency,
Inc., are hereby approved:
March 9, 1957, burglary policy, 13325 Farmington Road $ 131.25
March 20,1957, third premium installment on contents
of City Hall 57.77
April 19,1957, quarterly audit an workmen's compensa-
tion policy, Nov.1,1956 - Feb.1,1957 2,133.61
and the City Clerk and City Treasurer are hereby authorized to do all
things necessary to the full performance of this resolution.
Page 2829
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
Councilman Bagnall read and introduced the following Ordinance:
NO.
AN ORDINANCE TO ESTABLISH THE SESSIONS FOR THE
MUNICIPAL JUDGE; THE HOURS AND PLACE OF HOLDING
COURT; TO PROVIDE FOR THE REGULATION OF HEARING
DATES; TO ESTABLISH JURISDICTION OF CIVIL ACTIONS;
AND TO PROVIDE FOR THE APPOINTMENT AND COMPENSA-
TION OF A SUBSTITUTE MUNICIPAL JUDGE.
THE CITY OF LIVONIA ORDAINS:
Section 1. This ordinance is adopted pursuant to Act No, 5 of the Public
Acts of Michigan, 1956, and Chapter VI of the Charter of the City of Livonia.
Section 2. Establishment of Regular Sessions. The Municipal Judge of the
City of Livonia shall hold regular sessions of court each week day, except Saturdays
and public holidays, throughout the year. The court hours shall be from 9:30 A. M.
to 12:00 noon, except that if the business of the court for any day cannot be con-
cluded by noon, the Municipal Judge may, in his discretion, continue to sit through
the afternoon.
Section . Additional Sessions. The Municipal Judge may hold court on such
other days,and during such other hours, in addition to the sessions fixed in Section 2,
asmay in his discretion, be expedient to serve the needs of justice.
Section )i. Place of Holding Court. All sessions of the Municipal Court shall
be held in the Municipal Court, provided, however, that in case of emergency, a. other
special circumstances of a substantial character, the sessions may be held at some other
suitable and appropriate place.
Section 5. Regulation of Hearing Dates. The Municipal Judge call establish
certain days for the hearing of traffic cases and other violations of City ordinances,
in a sufficient number to promptly and properly expedite the handling of such matters;
and certain other days for the hearing of offenses against State laws; and reasonable
periods for the transaction of such civil litigation as may be brought in his court.
Section 6. Jurisdiction in Civil Actions. That the Municipal Court of the
City of Livonia shall have original jurisdiction in all civil actions wherein the
debt or damages claimed does not exceed the sum of One Hundred ($100.00) Dollars; and
concurrent jurisdiction in all civil actions wherein the debt or damages claimed does
not excedd the sum of One Thousand ($1,000.00) Dollars; and shall have original
Ljurisdiction in all actions of replevin wherein the value of the property involved
does not exceed the sum of One Hundred ($100.00) Dollars; and concurrent jurisdiction
in all such actions wherein the value of the property involved does not exceed the
sum of One Thousand (11 ,000.00) Dollars.
Page 2830
Section 7. A ointment of Substitute Jud e. In case of absence, disability,
or disqualification of the my elected MunicipalJ ge of the City of Livonia, a sub-
stitute Judge shall be appointed in the manner provided for in Chapter VI, Section 9,
of the Charter of the City of Livonia, to act in place of the said Municipal Judge in
the performance of any duties imposed upon him by law, in all matters civil and criminal,
and in all matters pertaining to the violation of City ordinances; provided, however,
that such substitute Judge shall be the Municipal Judge of another city in the state who
is a licensed attorney and is paid a salary in lieu of fees.
Section 8. Com ersation of Substitute Judea. The compensation to be paid
the substitute Judge for his services is hereby established to be at the rate of Thirty-
five Dollars ($35.00) for each day or part thereof during which the substitute Judge sits
in place of the duly elected Municipal Judge of the City of Livonia.
Section 9. Statutory and Charter Provisions. All provisions of general
statutes, local or special acts, and City Charter provisions relating to Justices of
the Peace and to the Justice Court shall apply to the Municipal Judge and the Municipal
Court of the City of Livonia.
Section 10. Repeal. Ordinance No.l24 and Ordinance No. 113 are hereby repealed
as of the a at this ordinance takes effect, and all other ordinances or parts of
ordinances in conflict herewith are repealed only to the extent necessary to give this
ordinance full force and effect.
Section 11. Severability. If any part or parts of this ordinance are for
any reason held to be invalid such decision shall not affect the validity of the re-
maining portions of this ordinance.
Councilman Kleinert was excused at 9:11 P. M.
The foregoing ordinance w as placed on the table for consideration at the next regular
meeting of the Council, May 6, 1957.
Councilman Kleinert returned at 9:15 P. M.
By Councilman Kleinert, seconded by Councilman Bagnall, it was
#319-57 RESOLVED that, the Council has considered the request of William
P. Lindhout, 37655 Margareta Drive, Livonia, Michigan, dated April 3, 1957,
wherein he requests a refund and waiver of a certain building permit fee,
and the Council appreciates the sentiment Sieh prompted such a request, but
determines that for reasons of policy and law, the Council is compelled to
deny such request.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, Jones, Kleinert and Grant.
NAYS: O'Neill and Ventura.
LThe President declared the resolution adopted.
By Councilman Bagnall, seconded by Councilman Ventura, it was
Page 2831
#320-57 RESOLVED that, pursuant to the request of the Department of Law
L dated April 16, 1957, the Council does hereby transfer from the Unappropriated
Surplus to the Department of Law, Miscellaneous Account, the sum of $91.75;
said sum to be used for the cost of printing thirty brie.$ on behalf of the
City in the matter of Daniel Bzovi vs City of Livonia, as indicated by Invoice
No. 19976 from Interstate Brief & Record Company.
A roll call vote was taken on the foregoing resolution with the following result:
' AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill, it was
#321-57 RESOLVED that, the report of the City Engineer and Director of
Public Works dated April 24, 1957, on proposed sidewalks at the Wilson School,
West Chicago at Harrison Road in Section 36, and adjoining parksite, having
been received, the City Clerk is hereby requested to forward a copy of such
report to the Livonia Public School Board, together with a letter requesting
an indication of the School Board's position in this matter, as to whether
or not they desire to participate in the installation of such sidewalks; and
that this matter be tabled pending further communication from the Livonia
Public School Board.
L A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Jones, Kleinert and Grant.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Jones, it was
#322-57 RESOLVED that, having considered the report of the City Engineer
and Director of Public Works dated April 22, 1957, the Council does hereby
transfer from the Unappropriated Surplus tothe Acquisition of Land Account
of the Department of Public Works, the sum cf $900.00; such sum to be used
as the City's share for fencing around the tot lot located in Chicago Heights
Subdivision and also for installing a sidewalk adjacent to such tot lot; pro-
vided, however, that the aforementioned fence shall not be installed until
those owners abutting thereon shall have paid to the City their proportionate
share of the cost of said fence.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
LBy Councilman Ventura, seconded by Councilman Bagnall, it was
#323-57 RESOLVED that, having considered the report of the City Engineer and
Page 2832
Director of Public works dated April 22, 1957, and the attached summary of
bids received for installing certain improvements to the tot lot located in
Chicago Heights Subdivision, the Council does hereby accept the bid of Joe
W. Engler, 18630 Floral, Livonia, Michigan, in the amount of $527.75 for the
installation of a sidewalk and does also accept the bid of the Crown Fence &
Supply Co., 27070 Plymouth Road, Detroit, Michigan, in the amount of $418.00
for the installation of a fence around such tot lot.
A roll call vote was taken onthe foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Gant.
NAYS: None.
By Councilman Kleinert, seconded by Councilman O'Neill and unanimously
adopted, it was
#321 -57 RESOLVED that, the report of the City Engineer dated April 23, 1957,
in regard to the estimated total cost of a sanitary sewer extension to service
homes on the North side of Five Mile Road between Oporto and Middle Belt, is
hereby referred to the Sewer and Water Committee of the Council for further
study and consideration.
A recess was c ailed at 9:27 P. M., after which the meeting resumed with all
members present who were named as present in the original roll call of this meeting,
including Councilman David Jones.
By Councilman Bagnall, seconded by Councilman O'Neill, it was
#325-57 RESOLVED that, there is hereby transferred from the Unappropriated
Surplus to the Fire Department Capital. Outlay Account No. 70 E (Autos), the
sum of $3,759.00 to be used for the purpoae of purchasing three (3) new motor
vehicles, under the Fleet Purchase Plan as approved by Council resolution
#180-57, adopted March 3, 1957.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: 41gnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
By Councilman Bagnall, seconded by Councilman Kleinert, it was
#326-57 RESOLVED that, on recommendation of the Department of Public Works
dated April 25, 1957, the bid of Miller Equipment Company, 30303 Plymouth Road,
Livonia, Michigan, dated March 16, 1957, in the amount of $2,021.00 for Good
Roads Handy Champion Chip Spreader is hereby approved.
By Councilman Ventura, seconded by Councilman Jones, it was
RESOLVED that consideration of the bid for Chip Spreader be
tabled until a later time.
Page 2833
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura and Jones.
NAYS: Bagnall, O'Neill, Kleinert and Grant.
The President declared the resolution denied.
A roll call vote was taken on r esolution #326-57 with the following result:
AYES: Bagnall, O'Neill, Kleinert and Grant.
NAYS: Ventura and Jones.
The President declared the resolution adopted.
By Councilman Kleinert, seconded by CouncilmanBagnall and unanimously
adopted, it was
#327-57 RESOLVED that, the report and recommendation of the City Planning
Commission dated April 19, 1957, as to Petition No. V-19 of Daniel and
Patricia Bourdas for the vacating of a certain public utilities easement
and relocation of same in the N. W. 1/4 of Section 15 is hereby approved;
and the City Attorney is hereby instructed to prepare the necessary vacating
ordinance in conformance with this resolution.
By Councilman Ventura, seconded by Councilman Bagnall and unanimously
adopted, it was
#328-57 RESOLVED that, pursuant to the communication from the Michigan Liquor
Control Commission dated March 8, 1957, and the recommendation from the Livonia
Police Department dated April 23, 1957, the Council does hereby approve the
request from Harold M. Gnegy and Delwyn E. Shasteen to transfer ownership of
a 1956 SDM license from Francis J. and Patricia McInerney, 29623 W. Eight Mile
Road, Livonia, Michigan.
Marie W. Clark, City Clerk, read a report from the Police Department as to
transfer of SDM license at 28251 West Five Mile Road,
By Councilman Jones, seconded by Councilman O'Neill and unanimously
adopted, it was
#329-57 RESOLVED that, pursuant to the communication from the Michigan Liquor
Control Commission dated March 15,1957, and the recommendation from the Livonia
Police DepartmeQt dated April 23, 1957, the Council does hereby approve the
request from Bernard R.and Ruth E.Ascherl to transfer ownership of a 1956 SDM
license with living quarter permit from Wm. J. Monahan, 28251 West Five Mile
Road, Livonia, Michigan.
By Councilman Bagnall, seconded by Councilman Jones and unanimously
adopted, it was
Page 2831i
#330-57 RESOLVED that, the letter from the Chairman of the Water and Sewer
Board dated April 5, 1957, wherein it is recommended that the request from
Robert H. Kempa be denied, is hereby referred to the Water and Sewer Committee
of the Council for its study, consideration and report.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTIONS 5 AND 13 OF ORDINANCE NO. 115, EN-
TITLED, 'IAN 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 COLT:FICTION 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.''
THE CITY OF LIVONIA ORDAINS:
Section 1. Sections 5 and 13 of Ordinance No. 115 of the City of Livonia
entitled "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 Con-
structed; Providing for the Allocation and Use of the Revenues derived from the Col-
lection of such Rates and Charges; Prohibiting Unauthorized Connections, Providing
Penalties for the Violation Thereof, and Repealing Certain Prior Ordinances'', are here-
by amended to read as follows:
Section 5. The rates and charges for the services and benefits
provided by the Sewage Disposal System shall be as prescribed from time to
time by the City Council. The rates and charges shall be as follows:
Connection Rates
1. Except as provided in paragraph 2, the connection rates to be paid for
all buildings whether houses, residential dwellings, commercial, industrial
or other buildings shall be as follows:
(a) For each connection to any sewer whether main, ann or
lateral constructed by the City or the County pursuant to the con-
tract and financed by said City or County, such rate shall be $300.00.
(b) For each connection to any sewer whether main, arm or
lateral constructed by others than the City or the County pursuant
to the contract, such rate shall be $125.00 for those and only those
who have constructed or caused to be constructed such sewer, whether
main, arm or lateral.
2. For all buildings whether houses, residential dwellings, commercial, in-
dustrial or other buildings constructed or under construction prior to January
1, 1958, and for which an application for connection to the Sewage Disposal
System has been submitted before such date the following connection rates
shall be paid;
(a) For each conne ction to any sewer, whether main, arm or
Page 2835
lateral, constructed by the City or the County pursuant to the
contract and financed by said City or County, such rate shall be
Three Hundred Dollars ($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 con-
nection rate may be paid at the rate of Four Dollars ($4.00) per
quarter for a period of thirty (30) years or until a total of Four
Hundred Eighty Dollars (41480.00) has been paid, such 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; provided,
however, that any sum or sums remaining to be paid on said connection
charge may be paid at any time within the aforementioned period with
interest as determined by the appropriate cost schedule approved by
the Council and on file in the Water and Sewer Division;
(b) For each connection to those sewers in that portion of
the City know) as Coventry Gardens Subdivision and described as com-
prising all of the S. E. 1/4 of Section 16, T. 1 S., R. 9 *., and
constructed by others than the City or the County pursuant to the
contract, such rate shall be One Hundred Twenty Five Dollars ($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 a' (b) at the option of the applicant, in lieu
of such cash payment such connection rate may be paid at the rate of
Four Dollars (4.00) per quarter for a period of ten (10) years or
until a total of One Hundred Sixty Dollars ( 160.00) has been paid,
said sums to be billed quarterly at the same time as the connection
rates hereinafter set forth are billed as a separate item in said
bill; provided, however, that any sum or sums remaining to be paid
on said connection charge may be paid at any time within the afore-
mentioned period with interest as determined by the appropriate cost
schedule approved by the Council and on file in the office of the
Water and Sewer Division.
3. In those cases where, under the provisions of Ordinance No. 115, the option
has been exercised to pay the connection rate on the extended payment plan,
credit shall be given such user for the payments previously made toward the
total connection rates herein provided where time payments are authorized and
the option therefor exercised pursuant to the provisions of this section.
4. Except as hereinbefore otherwise provided, all connection charges are
payable in cash either (a) at the time permit is requested for a connection
to the 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 exercises the second option above provided, applicant
shall sign an agreement in fora 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.
5. 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 now or hereafter established by the City, and subject to inspection
and approval prior to use. Permit for such connection shall be obtained in
Page 2836
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.
Sewer Service Rates
1. Commercial Service Rates. Said rates shall apply to all commercial build-
ings or business establishments including apartment buildings, hotels or motels
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;
2. Industrial Service Rates. 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 Seventy Dollars ($70.00) for each
acre, or fraction thereof, per year, for property or premises served, payable
in quarterly installments for a period of ten (10) years;
3. Governmental Service Rate. Said rates shall apply to the lands and pre-
mises owned or operated by any public governmental unit in the City of Livonia
hereafter connecting and using the Sewage Disposal System. The term "public
governmental unit' dial' be construed to include school districts, the City
or any of its departments or agencies, and any other public agency or in-
strumentality. The sewer service rate for public governmental units for ser-
vice furnished by the Sewage Disposal System shall be Fifty Dollars ($50.00)
for each acre, or fraction thereof, per year, for properties or premises
served, payable in equal quarterly installments for a period of ten (10)
years. Such sums shall be billed to the public governmental unit owning the
property or properties so serviced. Where any public governmental unit has
heretofore made or arranged to make a direct contribution to the cost of a
sewer pursuant to a contract or agreement with the City, the service rate
shall be determined and specified by such contract or agreement or by later
supplemental agreements, and the service rate herein specified for public
governmental units shall not apply.
4. Any commercial, industrial or governmental unit users heretofore connected
to any of the sewers of the Sewage Disposal System shall receive credit for any
debt service or sewer service rate chartes heretofore paid against the sewer
service rates due under the provisions of this ordinance.
4. The sewer service rates applicable for land and premises owned or operated
by public governmental units in the City of Livonia are hereby established as
applicable to lands and premises owned or used by any church, private school,
providing such school is operated on a non-profit basis, cemetery, and any
building that is owned and used by a non-profit organization; hoepital, pro-
vided that such hospital is operated on a non-profit basis.
Sewage Disposal Rates
1. Such rates shall be levied on each lot or parcel of land, building or pre-
mises now or hereafter having any connection with the Sewage Disposal System.
Such sewage disposal rates shall be as follows, to wit:
(a) For all single family residential dwelling units separately
connected to and using the facilities of the Sewage Disposal System
Page 2837
such rate shall be a flat rate of Fourteen Dollars ($14.00) per year,
per unit, payable in equal quarterly installments;
(b) For all commercial or industrial buildings, governmental
or school buildings, apartment houses, rooming houses, hotels, motels,
churches or any other buildings not specifically included in 1 (a),
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;
from 10,001 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.
2. The minimum quarterly disposal charge to any user shall be Three Dollars
and Fifty Cents ($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 herein-
after provided.
Special Rates
1. Where sewage disposal service is furnished to users not connected 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 resolution of the Council.
2. The City Council may establish special connection, service, consumption
or other rates to meet any special circumstances.
Storm Sewer Charges
1. Beneficiaries of the storm sewers, as those terms are defined in Section 1
of Ordinance No. 115, shall pay a service charge based upon Five Dollars ($5.00)
per front foot of the properties or lots fronting on the storm sewers. Such
charge shall be billed and paid in annual installments for a period of thirty
(30) years unless at the option of the beneficiary full payment was made within
a year from the date of the adoption of Ordinance No. 115 and in accordance
with the terms of that ordinance. Any beneficiary of the Storm Sewers having
already made payments in accordance with the terms of Ordinance No. 115, shall
receive credit therefor against the storm sewer charges due under the pro-
visions of this ordinance.
Billing
1. Bills for the connection rates (where payable in installments), sewer
Page 2838
services rates and sewage disposal comsumption 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 pre-
pared for premises having no connection to the water system. Said bills shall
be rendered quarterly during each operating or 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.
Enforcement
1. The charges and 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 manner as general City taxes against such premises
are collected and the lien thereof enforced; provided, however, as provided in
Section 21, Act 91i,, Public Acts 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 Twenty-Five Dollars ( 25.00)
shall have been made as security for the payment of such charges and service.
2. 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-pay-
ment of charges and rates herein specified when due.
3. All rates herein specified, except the sewage disposal rate, shall become
effective immediately upon adoption of this ordinance. The sewage disposal
rates herein specified in effect as of the billing period commencing October
1, 1955, shall remain and continue in effect notwithstanding any of the pro-
visions of this ordinance.
4. The connection rates, service rates, sewage disposal rates, special rates,
storm sewer charges and all other rates and charges mentioned in this section
may, from time to time, be increased, decreased, or amended, either wholly or
partially by resolution of the City Council, which resolution shall be printed
and made available for disposition along with copies of this ordinance.
Section 13. Nothing contained in this Ordinance shall be construed
to prevent the City from entering into additional contracts with the County
under the provisions of Act j42, Public Acts of Michigan, 1939, as amended,
and from entering into contracts with others for the acquisition, construction
and financing of additional sewers or sewage disposal facilities and the use
of revenues derived from additional projects for the payment of any obligations
incurred thereby.
Page 2839
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 3. Should any part of this ordinance be held invalid for any reason
such holding shall not be construed as affecting the validity of any of the remaining
portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council, May 6, 1957.
Councilman Kleinert introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTION 14, 27, 28 AND 31
OF THE ZONING MAP OF THE CITY OF LIVONIA, AND
AMENDING ARTICIE 3.00 OF THE ZONING ORDINANCE,
ORDINANCE NO. 60 OF THE CITY OF LIVONIA, BY ADD-
ING THERETO SECTIONS 3.121, 3.122, 3.123 AND 3.124.
THE CITY OF LIVONIA ORDAINS:
Section 1. The reports and recommendations of the City Planning Commission
dated December 26,1956, on Petitions No. Z-195 and No. Z-4.96; dated December 21, 1956,
on Petition No. Z-202; and dated March 22, 1957, an Petition No. Z-209, having been
considered by the Council, the Council hereby adopts said petitions to emend the Zoning
Ordinance and the Zoning Map of the City of Livonia; and all proceedings heretofore
conducted on said petitions are hereby approved.
Section 2. Article 3.00 of the Zoning Ordi na ce, Ordinance No. 60 of the
City of Livonia, is hereby amended by adding thereto the following sections:
Section 3.121. Petition No. Z-195 of Lois Savage, President,
Newnan Farms, Inc. is hereby granted; the zoning classification of the
premises described,in said petition is hereby changed from R-U-F-B to M-1
as requested in said petition; and the Southeast i/4 of Section 28 of the
Zoning Map is hereby amended to conform to the change made in this section.
Section 3.122. Petition No. Z-196 of Richard J. and Connie V.
Hoffman, is hereby granted; the zoning classification of the premises
described in said petition is hereby changed from R-U-F-B to C-1 ai requested
in said petition; and the Northeast 1/4 of Section 31 of the Zoning Map is
hereby amended to conform to the change made in this section.
Section 3.123. Petition No. Z-202 of Peter G. and Mary A. Buckley,
is hereby granted; the zoning classification of the premises described in said
petition is hereby changed from R-U-F-B to C-2 as requested in said petition;
and the Southeast 1/4 of Section 14 of the Zoning Kip is hereby amended to
conform to the change made in this section.
Section 3.124. Petition No. Z-209 of Simon Ash, et al, is hereby
Page 28140
granted; the zoning classification of the premises described in said petition
is hereby c ged from C-2 to M-1 as requested in said petition; and the
Southwest 1/4 of Section 27 of the Zoning Map is hereby attended to conform
to the change made in this section.
Section . The attached map designated "Amendment No. 33 of the Zoning Map
of the City o vonia", showing ail of the amendments and changes made in the fore-
going Section 2 of this ordinance, is hereby approved, established and made a part
thereof.
Section !t. All ordinances or parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section . Should any portion of this ordinance be held invalid for any
reasonsuchho shall not be construed as affecting the validity of any of the
remaining portions of this ordinance.
The foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council, May 6, 1957.
Marie 44. Clark, City Clerk, read a letter from Jack Coleman, Unity Construction
L Company, requesting an amendment to resolution #667-56, approving the plat of Algonquin
Park Subdivision.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#331-57 RESOLVED that, resolution #667-56, adopted October 15, 1956, ap-
proving the plat of Algonquin Park Subdivision, is hereby amended to delete
paragraph #l. of said resolution, with all other conditions to remain the same.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bagnall, O'Neill, Ventura, Jones, Kleinert and Grant.
NAYS: None.
Councilman Bagnall was excused at 10:55 P. M.
By Councilman Ventura, seconded by Councilman O'Neill, it was
RESOLVED that, Council resolution #713-56, adopted by the Council
at the regular meeting ctober 29, 1956, establishing a schedule of fees for
permits and inspections is hereby amended so as to strike the reference con-
tained therein to "Annual Inspections" and to substitute in lieu thereof the
following:
L "The following establishments shall be inspected no
less than once each five years."
Councilman Bagnall returned at 10:59 P. M.
Page 281.1
By Councilman Jones, seconded by Councilman Bagnall and unanimously
L adopted, it was
#332-57 RESOLVED that, the President of the Council appoint a committee of
two members of the Council to meet with the Building Code Board of Appeals in
the matter of Building Inspection Fees and report to the Council.
The President thereupon appointed the f allowing Committee: Councilmen Ventura,
Jones and Kleinert.
The following Newspaper Committee was appointed by the President: Councilmen
Kleinert, Bagnall and Grant.
By Councilman Ventura, seconded by Councilman Jones and unanimously
adopted, it was
#333-57 RESOLVED that, the Council suspend the rules of order to take care of
a report from the City Clerk in regard to Motor Vehicle Highway Fund Bonds.
Marie W. Clark, City Clerk, read a letter dated April 25, 1957, from Miller,
LCanfield, Paddock and Stone, bonding attorneys, regarding Motor Vehicle Highway Fund
Bonds.
Councilman Bagnall was excused at 11:22 P. M., for the balance of the meeting.
By Councilman O'Neill, seconded by Councilman Kietnert and unanimously
adopted, it was
#331 -57 RESOLVED that, the resolution from Miller, Canfield, Paddock and
Stone, bonding attorneys, regarding Motor Vehicle Highway Fund Bonds be
tabled to the next regular meeting of the Council.
By Councilman Ventura, seconded by Councilman Jones and unanimously
adopted, it was
#335-57 RESOLVED that, the regular meetings of the Council of the City of
Livonia for the month of May, 1957, be held on the first, second and fourth
Mondays, such dates being May 6th, 13th and 27th.
On motion of Councilman Ventura, seconded by Councilman O'Neill and unanimously
adopted, this 205th regular meeting of the Council of the City of Livonia was duly ad-
Ljourned at 11:35 P. M., April 29, 1957.
_off . ---2ez4Z-
_.' e W. Clark, City Clerk