Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1957-05-20 Page 2863 MINUTES OF THE TWO HUNDRED SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 20, 1957, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:25 P. M., by the President of the Council. Councilman Ventura delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Rudolf R. Kleinert, Peter A. Ventura and John T. Daugherty. Absent-- *Sydney B. Bagnall and David L. Jones. By Councilman Daugherty, seconded by Councilman Kleinert and unanimously adopted, it was #35 .-57 RESOLVED that, the minutes of the 206th regular meeting of the Council of the City of Livonia held May 6, 1957, are hereby approved as submitted. Councilman Ventura introduced Mr. and Mrs. Ben Richardson. Mr. Richardson, Village President of Roscommon, Michigan, visited Livonia as Acting Mayor on Mayor's Exchange Day, in connection with Michigan Week. By Councilman Kleinert, seconded by Councilman O'Neill, it was #355-57 RESOLVED that, the request of the Director of Public Works contained in his letter to the Mayor dated Mayy 15, 1957, and approved by the Mayor on May 15, 1957, in regard to additional sanitary locker and lunch facilities at the Department of Public Works service garage, together with the layout for such proposed facilities attached thereto, is hereby referred to the Finance Committee of the Council and the Civic Center Building Committee of the Council for their reports and recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Kleinert, O'Neill and Grant. NAYS: Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman O'Neill, it was #356-57 RESOLVED that, pursuant to the report and recommendation of the Department of Public Works dated May 20, 1957, the bid for supplying asphalt seal coating to the City of Livonia submitted by MacPherson Refining Company, 21701 Hoover Road, Van Dyke, Michigan, dated April 26, 1957, is hereby accepted at the submitted price of $17,850.00, such having been the lowest Page 2864 bid received; and the City Clerk is hereby 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: Daugherty, Ventura, Kleinert, O'Neill and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman Ventura, it was #357-57 RESOLVED that, pursuant to the report and recommendation of the Department of Public Works dated May 20, 1957, the bid of O'Brien and Williamson Metal Products Company, 26590 Capitol Avenue, Detroit 39, Michigan, dated April 24, 1957, for furnishing and erecting a structural iron ladder and safety basket at the Farmington Road Sewage Lift Station, in the amount of 079.00, is hereby accepted, such having been the lowest bid received; and the City Clerk is hereby 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: Daugherty, Ventura, Kleinert, O'Neill and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was #358-57 RESOLVED that, the Council suspend the regular order of business to take care of certain items on the agenda wherein interested persons are waiting to be heard on those items. By Councilman Ventura, seconded by Councilman Daugherty, it was #359-57 RESOLVED that, Petition No. Z-117a be tabled until the next regular meeting of the Council or until a communication Bias been received from the attorney for the petitioner. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, O'Neill and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman O'Neill and unanimously adopted, it was #360-57 RESOLVED that, consideration of the salary and appropriation for the Chief Accountant be tabled until the chairman of the Finance Committee can be present. Page 2865 By Councilman Ventura, seconded by Councilman O'Neill, it was #361-57 RESOLVED that, the Council having considered the request of Sugden and Sivier, Inc., 13100 Cloverdale Avenue, Oak Park, Michigan, that a certain sum retained by the City since 1952 in connection with damage claims arising out of the above contractors work on Sewage Disposal System No. 1 be released; and it appearing that all claims have been satisfied or reasonably disposed of; and pursuant to the recommendation of the City Attorney dated May 8, 1957, the Council does herein release to Sugden and Sivier, Inc., the sum of $1,865.00; that sum having been retained under the provisions of a contract dated April 17, 1951, by and between the City of Livonia and the aforementioned contractor; and the City Clerk and City Treasurer are hereby 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: Daugherty, Ventura, Kleinert, O'Neill and Grant. NAYS: None. The Ordinance entitled "An Ordinance Amending Section 5.1 of the Traffic Ordinance, Ordinance No. 21, as amended, of the City of Livonia", introduced by Council- man Bagnall May 6, 1957, was taken from the table and a roll call vote conducted thereon Lwith the following result: AYES: Daugherty, Ventura, Kleinert, O'Neill and Grant. NAYS: None. The President declared the ordinance duly adopted and would become effective on date of publication, May 29, 1957. Councilman Daugherty read and introduced the following emergency ordinance: NO. 171 AN ORDINANCE TO PROVIDE FOR TEE APPOINTMENT AND DIRECTION OF SPECIAL PATROLMEN TO BE KNOWN AS SPECIAL POLICE OFFICERS AND CADET PATR MEN FOR REGULAR AND EXTRAORDINARY POLICE SERVICES AS DIRECTED BY THE DIRECTOR OF PUBLIC SAFETY; AND PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF THE PROVISIONS THEREOF. THE CITY OF LIVONIA ORDAINS: Section 1. The Director of Public Safety is hereby authorized and directed Lto appoint special patrolmen to be known as Special Police officers and Cadet Patrol- men, in such numbers as he may deem necessary, subject in all cases to Council approval by resolution, to perform such regular police duties and/or extraordinary police ser- Page 2866 vices as directed by the Director of Public Safety. Section 2. Special Police officers and Cadet Patrolmen shall wear such badges, dress and insignia as the Director of Public Safety shall direct and shall be equipped in the manner he deems necessary for the proper discharge of their respective duties. Section 3. The Director of Public Safety shall promulgate rules relating to the powers, duties, qualifications, appointment or removal of such Special Police officers and/or Cadet Patrolmen. Section 4. The Director of Public Safety is hereby authorized to appoint instructors, supervisors and commanding officers to train, direct and supervise such Special Police officers and Cadet Patrolmen. Section 5. The Special Police officers and Cadet Patrolmen shall be com- pensated for their services in accordance with the rates of compensation established and prescribed by the Civil Service Commission of the City of Livonia. Section 6. Special Police officers and Cadet Patrolmen shall be entitled to all rights and benefits provided under the provisions of Act 10 of the Public Acts of the First Extra Session of 1912, and the amendments thereto; provided, however, that said Special Police officers and Cadet Patrolmen, in order to be entitled to the benefits of the Workman's Compensation Act of Michigan, must have been injured or killed while on duty and acting within the scope of their employment as Special Police officers and Cadet Patrolmen. Section 7. It shall be unlawful for any Special Police officer and Cadet Patrolman to exercise his authority or to wear the uniform or insignia or to display his badge in an attempt to exercise his authority, except during the performance of actual authorized police duty and/or extraordinary police services as directed by the Director of Public Safety. Section 8. It shall be unlawful for any Special Police officer and Cadet Patrolman to knowingly and willfully neglect and refuse to respond for assignment or duty when called by the Director of Public Safety. Section 9. It shall be unlawful for any person not duly appointed and sworn in as a Special Police officer and Cadet Patrolman to impersonate such officer or to wear, carry, possess or display the badge, designated dress, or insignia of such Special Police officer or Cadet Patrolman. Section 10. Any person or persons violating any of the provisions of this ordinance shall, upon conviction, be subject to a fine of not to exceed Five Hundred Dollars ($500.00) and/or imprisonment for a period not to exceed ninety (90) days or both such fine and imprisonment, in the discretion of the Court. Section 11. 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 12. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. Section 13. This ordinance is hereby declared to be an emergency ordinance Page 2867 necessary for the protection of the public health and welfare, and shall take effect immediately on publication. A roll call vote was conducted on the foregoing ordinance with the following result: AYES: Daugherty, Ventura, O'Neill and Grant. NAYS: Kleinert. The President declared the ordinance duly adopted and would become effective on date of publication, May 29, 1957. A recess was called at 9:25 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meet- ing, including Councilman *Bagnall, who arrived at 9:t4O P. M. By Councilman Ventura, seconded by Councilman Daugherty, it was #362-57 RESOLVED that, deeming it necessary in the public interest and for the public welfare, the Council does, in accordance with the provisions of Ordinance No. 171, approve the appointment of fifteen (15) Specia 1 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: Daugherty, Ventura, Bagnall, O'Neill and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Daugherty, seconded by Councilman Ventura and unanimously adopted, it was #363-57 RESOLVED that, the question of compensation and appropriation for salary of the Chief " Accountant be taken from the table for consideration at this time. By Councilman Bagnall, seconded by Councilman Daugherty, it was #364-57 RESOLVED that, the Council having considered the request of the Civil Service Commission dated May 9, 1957, and concurriing with same, does hereby amend Council resolution #55-57, wherein a pay schedule for the position of Chief Accountant was established, to read as follows: $6,512 for the first 6 months; $6,986 - 7 through 12 months; $7,,460 - after 12 months. Page 2868 A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall, O'Neill and Grant. NAYS: None. By Councilman Daugherty, seconded by Councilman Ventura, it was #365-57 RESOLVED that, pursuant to the request of the City Clerk dated May 9, 1957, there is hereby transferred from the Unappropriated Surplus to the Payroll Division of the office of the City Clerk, the amount of 43,256.02, to be used to pay the salary of the Chief Accountant for the period extend- ing from June 1 to November 30, 1957. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Bagnall, O'Neill and Grant. NAYS: Kleinert. The President declared the resolution adopted. Councilman Bagnall was excused at 9:5L and returned at 9:55 P. M. By Councilman Daugherty, seconded by Councilman Ventura, it was #366-57 RESOLVED that, the City Engineer having filed with the City Clerk a statement dated March 26, 1957, on all matters required by Section 6 of Ordinance No. 31, as amended, and a public hearing having been held thereon on April 30, 1957, after due notice as required by said Ordinance, and care- ful consideration having been given to all such matters, the Council does hereby 1. Accept and approve said statement in all respects; 2. Determine to make the improvement consisting of paving Deering and Elmira Streets and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits received or to be derived; 3. Approve the plans and specifications of the improvement asset forth in said statement dated March 26, 1957; L. Determine that the estimated cost of such improvement is $53,175.57; 5. Determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; 6. That the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $5,1i56.07 and that the balance of the said cost and expense of said public improvement amounting to $47,719.50 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; Page 2869 7. Determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six (6%) per cent per annum on unpaid balance; 8. Designate the assessment district, describing the land and premises upon which special assessment shall be levied as follows: Beginning at a point on the South line of Plymouth Road 60 feet South of the centerline of Plymouth and 58.881 East of the center- line of Deering; this point being the Northeast corner of Lot 949; Thence South 120 feet; Thence East 100 feet; Thence South 2303.19 feet; Thence West 100 feet; Thence South 120 feet to the North line of west Chicago; Thence West 175.88 feet; Thence North 90 feet to the Southwest corner of Lot 458; Thence Northwesterly along the Westerly line of Lot 458, a distance of 97.37 feet; Thence East 27.48 feet; Thence North 1475.50 feet to the Southeast corner of Lot 209; Thence West 140 feet; Thence North 170 feet; Thence East 140 feet; Thence North 500 feet; Thence West 70.58 feet; Thence North 300 feet to the centerline of Plymouth Road; Thence East along the centerline of Plymouth Road a distance of 230 feet to the centerline of Deering; Thence South along the centerline of Deering Avenue 60 feet; Thence East 58.88 feet to the Northeast corner of Lot 949 which is the point of beginning. 9. That the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land, such relative portions of the whole sum to be levied against all lands in the special assess- ment district as the benefits to such lot or parcel of land bears to the total benefits to all lands in such district, and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; 10. And that upon the completion of said roll, the City Assessor shall attach thereto the c ertificate required by the provisions of Section 11 of Ordinance No. 31, as amended, of the City of Livonia, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Bagnall, O'Neill and Grant. NAYS:Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #367-57 RESOLVED that, Council resolution #103-57, wherein a certain interim Storm Drainage Plan prepared by Hubbell, Roth and Clerk, Inc., was approved, subject to the condition that a method of financing be accepted and approved by the Council within a period of ninety (90) days, is hereby amended so as to extend such period to 135 days following the effective date of resolution #103,57. Page 2870 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert, Bagnall, O'Neill and Grant. NAYS: Daugherty. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Ventura, it was #368-57 RESOLVED that, the letter of May 8, 1957, from Irving Levine, with attached proposal, to the City of Livonia, regarding a method of payment and scope of the Interim Drainage Program for the Blue and Bell Drains submitted in accordance with the terms of resolution #103-57, is hereby referred to the Department of Public Works and the Department of Law for their study and recommendations in regard thereto. Councilman Ventura was excused at 10:06 and returned at 10:08 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Kleinert, Bagnall , O'Neill and Grant. NAYS: Daugherty. The President declared the resolution adopted. Councilman Kleinert was excused at 10:20 P.M., aid returned at 10:22 P.M. Councilman Daugherty introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTIONS 5 AND 13 OF ORDINANCE NO. 115 EN- TITLED, "AN ORDINANCE COMBINING ALL SEWAGE DISPOSAL F ACILITIES OF THE CITY OF LIVONIA INTO A SINGLE SEWAGE DISPOSAL SYSTEM; PRO- VIDING FOR THE MAINTENANCE AND OPERATION OF SAID SYSTEM ON A PUBLIC UTILITY BASIS; PROVIDING FOR THE FIXING AND COT,TF,CTION OF RATES AND CHARGES TO USERS AND BENEFICIARIES OF SAID SYSTEM AND CERTAIN STORM SEWERS CCNSTRUCTED; 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 en- titled "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 Pu) is Utility Basis; Providing for the Fixing and Collection of Rates and Cha rges 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 Page 2871 Penalties for the Violation Thereof, and Repealing Certain Prior Ordinances", are hereby amended to read as follows: Section 5. The rates and charges for the services and benefits pro- vided by the Sewage Disposal System shall be prescribed from time to time by the City Council. The rates and charges shall be as follows: Connection Rates 1. Except asprovided 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, arm or 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). (b) For each connection to any sewer whether main, arm or lateral constructed by others than the City or the County pur- suant to the contract, such rate shall be One Hundred Twenty-Five ($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, industrial or other buildings constructed or under construction prior to January 1, 1958, and for whLch an application for connection to the Sewage Disposal System has been submitted before such date the following con- nection rates shall be paid: (a) For each connection to any sewer, whether main, arm or 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 ($300.00). At the option of the applicant such charge shall be paid in full either (a) at the time permit is requested for a connection to the Sewage Disposal System or (b) at the option of the applicant, in lieu of such cash payment such connection rate may be paid at the rate of Four Dollary ($Lt.00) per quarter for a period of thirty (30) years or until a total of Four Hundred Eighty Dollars ($480.00) has been paid, such sums to be billed quarterly at the same time as the consumption rates hereinafter set forth are billed as a separate item in said bill; provided, however, that any sum or suns 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 Water and Sewer Division; (b) For each connection to those sewers in that portion of the City known as Coventry Gardens Subdivision and described as comprising all of the S. E. 1/4 of Section 16, T 1 S., R 9 E., 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 Page 2872 Sewage Disposal System or (b) at the option of the applicant, in lieu of such cash payment such connection rate may be paid at the rate of 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 consumption rates hereinafter set forth are billed as a separate item in said bill; provided, however, that any sum or sums remain- ing to be paid on said connection charge may- be paid at any time with- in the aforementioned period with interest as determined by the ap- propriate 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 ex- tended payment plan, credit shall be given such user for the payments pre- viously 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 ap- plicant for a connection permit exercises the second option above provided, applicant shall sign an agreement in form prepared by the City to pay said sum at the time final inspection is requested in which event no final inspection shall be made until said sum is paid. 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 an advance from the City, and the property owner or user making such conn c tion 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 buildings 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 in- stallments 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 premises 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 unite shall be construed to include school Page 2873 districts, the City or any of its departments or agencies, and any other public agency or instrumentality. The sewer service rate for public govern- mental units for service 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 qwterly installments for a period of ten (10) years. Such sums shall be billed to the public govern- mental unit owning the property or properties so serviced. Where any public governmental unit has heretofore made or arranged to make a direct contri- bution 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 apAy. 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 charges heretofore paid against the sewer service rates due under the provisions of this ordinance. 5. 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 aid used by a non-profit organization; hospital, provided 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 premises 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 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, govern- mental 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 Dis- posal 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, 2. $0.60 per 1,000 cubic feet. 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 dis- Page 2874 posal of sewage through its sewage treatment and disposal facilities. Ari such rate shall be included and specified as a separate iter in bills sent to users as hereinafter 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 f or 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 specta0 connection, service, consumption or other rates to meet any special circumstances. Storm Sewer Charges 1. Beneficiaries of the storm sewers, as those terms are de- fined 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 or serviced by, as determined by the Sewer and Water Board of the City, 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 pay- ment was made within a year from the date of thea doption 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 provisions of this ordinance. Billing 1. Bills for the connection rates (where payable in install- ments), sewer service rates and sewage disposal consumption rates shall be made as separate items on the water bills for those premises served by the Sewage Disposal System who have connections to the water system of the City of Livonia, and separate bills for such rates and charges, or those applicable, shall be prepared for premises having no connection to the water system. Said bills shall be rendered quarterly during each operating 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. 2. Bills for the storm sewer charge to beneficiaries thereof shall be billed annually on June 1st of each year, commencing June 1, 1956. Said bills shall be due and payable within thirty (30) days from the date thereof. For all such bills not paid when due a penalty of ten per cent (10%) of the amount of such bill shall be added thereto. 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) Page 2875 months after the same are due the official or officials in charge of the col- l. lection 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 tqx 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 94, Public Acts of Michigan, 1933, as amended, where notice is given that a tenant is responsible for the payment of the con- sumption 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-payment of charges aid 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 com- mencing October 1, 1955, shall remain and continue in effect notwithstanding any of the provisions 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 342, Public Acts of Michigan, 1939, as amended, arra 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 such additional projects for the payment of any obliga- tions incurred thereby. 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. Councilmen Ventura and Daugherty were excused at 10:22 and returned at 10:27 P. M. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Ventura, it was #369-57 RESOLVED that, the City Attorney be and hereby is authorized to advise the Clarenceville Public Schools District that the agreement as pro- posed by them under date of November 23, 1956 is in principle agreeable to Page 2876 the Council of the City of Livonia, and at such time as the amendment to Ordinance No. 115 becomes effective, the necessary authority for signatures to such agreement will be granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Kleinert, Bagnall, O'Neill and Grant. NAYS: None. By Councilman Ventura, seconded by Councilman Bagnall, it was #370-57 RESOLVED that, the City Engineer, having filed with the City Clerk a statement dated March 20, 1957, on all matters required by Section 6 of Ordinance No. 31, as amended, and a public hearing having been held thereon, such hearing having been set for May 9,1957, and such public hearing having been held after due notice as required by said ordinance, and careful con- sideration having been given to all such matters, the Council does hereby 1. Accept and approve said statement in all respects; 2. Determine to make the improvement consisting of the installation and maintenance of a street lighting system in that area bounded by Plymouth Road on the North, Deering Avenue on the East, West Chicago on the South and Middle Belt Road on the West, in Section 36, City of Livonia, Wayne County, Michigan, as described in said statement and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits received or to be derived; 3. Approve the plans and specifications for the improvement as set forth in said statement dated March 20, 1957, to show a cost of $.072 per front foot; 4. Determine that the estimated annual cost of such improvement as set forth in said statement is $3,043.80; provided, however, that the fiat year's assessment shall be in the sum of $3,616.80; 5, Determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 6. Determine that assessments made for such improvements shall be paid in annual installments, according to said statement; 7. Designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows: Beginning at a point 80 feet North of the North line of Elmira and 203.62 feet East of the centerline of Middle Belt; Thence East 236.04 feet; Thence North 13.0 feet; Thence East 160.02 feet; Thence North 27.0 feet; Thence East 459.0 feet; Thence North 213 feet to the S. line of Plymouth Road; Thence East along the South line 270.21 feet;. Thence South 214) feet; Thence East 952.27 feet; Thence North 267 feet to the S. line of Plymouth Road; Thence East along said South line 634.32 feet; Page 2877 Thence South 267 feet; Thence East 819.38 feet; Thence North 267 feet to the S. line of Plymouth Road; Thence East along said South line 230 feet to the centerline of Deering; Thence South along said centerline 27 feet; Thence East 58.88 feet; Thence South 120 feet; Thence East 102.65 feet; Thence South 2466.08 feet to the centerline of W. Chicago; Thence continuing South 332.12 feet; Thence West 60 feet; Thence South 149.61 feet; Thence West 50 feet; Thence North 331.25 feet; Thence West 50 feet; Thence South 93 feet; Thence West 130 feet; Thence South 50 feet; Thence West 492.50 feet; Thence North 178 feet; Thence West 157.63 feet; Thence South 118.43 feet; Thence West 500 feet; Thence South 197 feet; Thence West 751.70 feet; Thence North 256 feet; Thence West 169.63 feet; Thence South 54 feet; Thence West 1562.50 feet; Thence South 115.0 feet; Thence West 140.58 feet to the East line of Middle Belt Road; Thence North along said E. line 273 feet to the centerline of W. Chicago; Thence East 27 feet; Thence North along the E. line of Middle Belt Road 1313 feet; Thence East 174.5 feet; Thence North 1010.80 feet to the point of beginning. 8. Direct the City Assessor to prepare a special assessment roll in accord- ance with the Council's determination; 9. Designate this proceeding and matter as Special Assessment District No.10. 10. And that upon the completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 11 of Ordinance No. 31, as amended, of the City of Livonia, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, O'Neillznd Grant. NAYS: Kleinert and Bagnall. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bagnall, it was #371-57 RESOLVED that, the balance of the agenda be tabled to the next regular meeting of the Council and that this meeting be and hereby is adjourned. A roll call vote was taken on the foregoing resolution with the following result: AYES: Daugherty, Ventura, Bagnall and O'Neill. NAYS: Kleinert and Grant. The President declared this 206th regular meeting of the Council of the City of Livonia duly adjourned at 11:20 P. M., May 20, 1957. MART.E W. CLARK, City Clerk By at�c�'1 J �to Hill, lepu y Ci erk I