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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-10-20 SPECIAL Page 2064 MINUTES OF THE THIRTY-SECOND SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 20, 1955, the above meeting was held at 33001 Five Mile Road, Livonia, Midzigan, and was called to order at approximately 10:14 P. M., by the President of the Council, John T.Daugherty. Roll was called with the following result: Present-- John T.Daugherty, David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W.Whitehead and Wilson W. Edgar. Absent-- Nettie Carey, who waived her right to notice of special meetings by letter. Councilman Kleinert introduced the following Ordinance: NO. 1 15 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 SYSTaI ON A PUBLIC UTILITY BASIS; PROVIDING FOR `IRE FIXING AND COT.T.11,CTION 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; PROHI BI II NG UNAUTHORIZED CONNECTIONS, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND 1EPEAL INC CERTAIN PRIOR ORDINANCES. WHEREAS, the City of Livonia has heretofore acquired and is now operating and maintaining separately identified sewage disposal systems in said City identi- fied as follows: (a) Sewage Disposal System No. I consisting of those facilities specified in Ordinance No. 26 of the City of Livonia, as ane rrled, duly adopted on January 29, 1951, which facilities are located in the southeast portion of the City. (b) Sewage Disposal System No. II consisting of those facilities specified in Ordinance No. 42 of the City of Livonia, duly adopted on January 21, 1952, which facilities are located in the southwest portion of the City. That said facilities have been constructed and are in operation in said City, and users of said facilities are paying rates and charges for the services furnished as specified in said Ordinances. That revenue bonds in the aggregate principal amount of $770,000.00 were issued to pay the cost of sewage facilities in Sewage Disposal Page 2065 System No. I, and in the aggregate principal amount of 325,000.00 to pay the cost o: the sewage facilities in Sewage Disposal System No. II; AND WHEREAS, pursuant to contract with the Board of County Road Commissioners of the County of Wayne, acting for and in behalf of the County of Wayne, dated as of March 21, 19 55, and supplemental contract dated as of August 24, 1955 (both herein- after referred to for brevity as "Contract"), the City will acquire additional major sewer and sewage disposal facilities in the central and northeast sections of the City described with particularity and detail in said contract entered into pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as amended; ANC WHEREAS, under the authorization contained in the above-described con- tract and Act 342, Public Acts of Michigan, 1939, as ariended, the County of Wayne, by action of its Board of Supervisors, has adopted the necessary ordinance providing for the issuance of Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia Section) in the aggregate total principal amount of $6,700,000.00 to pro- vide funds to (a) pay the cost of new sewers and sewage disposal facilities in the Central and Northeast sections of the City, and (b) refund the outstanding revenue bonds as follows: Sewage Disposal System No. I, outstanding bonds $690,000.00 plus call premiums of $40.00 per bond; Sewage Disposal System No. II, outstanding bonds $300,000.00 plus call premiums of $30.00 per bond; AND WHEREAS, under the terms of said contract and Ordinance the full faith and credit of the City of Livonia have been Pledged to thepayment of said Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livoni a Section); AND IIE REAS, under the provisions of said Act 342, Public Acts of Michigan, 1939, as amended (Section 5 (a) thereof), the City has several optional means of raising the necessary funds to meet the obligation of its contractual full faith and credit pledge; AND WHEREAS, in the judgment of the City Council of the City of Livonia it is to the best interest of the City and its citizens that aJ1 sewers and sewage dis- posal facilities in the City of Livonia be combined and operated in the future as a single sewer system on a public utility basis, and that the users and beneficiaries of said system pay uniform and reasonable rates and charges for the services furnished by said system in order to provide funds to as far as possible operate and maintain the system, and to pay indebtedness incurred for additions, extensions and improve- ments thereto, heretofore or hereafter incurred for such purposes, which method is authorized by the provisions of Act 342, Public Acts of Michigan, 1939, as amended (Section 5 (a) ). THE CITY OF LI VON1A ORDAINS: Section 1. In construing this Ordinance, the terms and words hereinafter defined, unless the context clearly establishes otherwise, shall be given the meanings hereinafter set forth. SEWAGE DISPOSAL SYSTEM. The term "Sewage Disposal System" as used herein, tall be construed to mean and include all sanitary sewers, combined sanitary and storm sewers, plants, works, instrumentalities and properties used or useful in connection with the collection, treatment and/or disposal of sewage and/or industrial wastes, now in existence or hereafter acquired or constructed within thecorporate limits of the City of Livonia. Page 2066 STORM SEWERS. The term "storm sewers," as used herein,shall be construed and limited to mean only those sewers being constructed in the central area and northeast area for surface drainage purposes only, pursuant to the contract between the City of Livonia and the Board of County Road Commissioners of the County of Wayne, Michigan, acting for and on behalf of the County of Wayne, dated March 21, 1955, and supplemental con- tract dated August 24, 1955. CONTRACT. The term "contract," as used herein, shall be construed to mean the contract heretofore made and executed between the City of Livonia and the Board of County Road Commissioners of the County of Wayne, Michigan, acting for and on behalf of the County of Wayne, dated March 21, 1955, ard supplemental contract dated August 24, 1955, as referred to in the pre amble hereto. BONDS. The term "bonds," as used herein, shall be construed to mean the Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia Section) in the ag- gregate principal sum of $6,700,000.00, to be issued pursuant to the provisions of the contract, and Ordinances adopted by the Board of Supervisors of the County of Wayne under the provisions of Act 342, Public Acts of Michigan , 1939, as airended. FIXED DEBT RETIREMENT PAYMENTS. The term "fixed debt retirement payments," as used herein, shall be construed to mean the paym€nts required to be made by the City to the Board of County Road Commissioners of the County of Wayne for the retirement of the bonds pursuant to the provisions of the contract. USER OR USERS. The term "user" or "users," as used herein, shall be construed to mean any premise or premises connected with and using any of the facilities of the Sewage Disposal System for the disposition and removal of sewage or wastes. BENEFICIARIES. The term "beneficiaries," as used herein, shall be construed to mean and be limited to those lands and premises either fronting on, or traversed by, the storm sewers to be constructed pursuant to the previsions of the contract. SANITARY SEWERS. The term "sanitary sewers," as used herein, shall be construed to mean those sewers of the Sewage Disposal System designed for the purpose of carrying sanitary flow only. CITY COUNCIL. The term"City Council, " as used herein, shall be construed to mean the City Council of the City of Livonia as provided by its Charter, the legislative ard voverning body of the City. CITY. The term "City," as used herein, shall be construed to mean the City of Livonia, a Michigan municipal corporation. Section 2. From and after the date of adoption of this Ordinance the Sewage Disposal System, as herein defined, shall be operated and maintained by the City on a public utility basis as authorized by the provisions of Act 342, Public Acts of Mich- igan, 1939, as amended, and Act 94, Public Acts of Michigal, 1933, as amended. It is hereby declared to be the intent and purpose of the City Council to establish reasonable and uniform rates and charges applicable to various classificat ions of users so as to provide funds to as far as possible (a) operate and maintain said Sewage Disposal System in a reasonable, proper and efficient manner, and (b) to pay the indebtedness incurred by the City in the acqu sition and construction of extensions, additions and improve- ments to the said Sewage Disposal System. Page 2067 Section 3. The Sewage Disposal System as herein defined shall be and remain under the management, supervision and control of the Public Works Department of the City of Livonia, subject to such control reserved by law and the City Charter to the Mayor and City Council. The Director of Public Works, with the consent of the Mayor, may employ or designate such person or persons, department, division, board or com- mission to carry on the management, maintenance and operation of the said System as shall be deemed necessary or advisable. Section 4. The Sewage Disposal System shall have an operating or fiscal year commencing on March 1st and ending on the last day of February of each year. Section 5. The rates and charges for the services ani bere fits provided by the Sewage Disposal System shall be as prescribed from time to time by the City Council. The initial rates and charges shall be as follows: Connection Rates 1. For all new buildings, whether houses, residential dwellings, commercial or industrial buildings, constructed or com- pleted subsequent to the date of the adoption of this ordinance, the following connection rates shall be paid: (a) 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. (b) For each connection to any sewer, whether main, arm or lateral, constructed by the City, or the County pur- suant to the Contract, and financed by said City or County, such rate shall be $100.00. 2. For all buildings, whether houses, residential dwellings, commercial or industrial buildings heretofore constructed or completed and occupied, but not connected to the Sewage Disposal System, the follow- ing connection rates shall be paid: (a) For each connection to any s ewer, whether main, arm or lateral, constructed by others than the City, or the County pursuant to the Contract, such rate shall be $125.00. At the option of the applicant, such charge shall be paid in full either (a) at the time permit is requested for a connection to the Sewage Disposal System, or (b) at the option of the applicant, in lieu of such cash payment, such connection rate may be paid at the rate of $3.00 per quarter for a period of 12 years, or until a total of $144.00 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. (b) For each connection to any sewer, viiether main, arm or lateral, constructed by the City or the County pursuant to the Contract, and financed by said City or County, such rate Page 2068 shall be $300.00. At the option of the applicant, such charge shall be paid in full either (a) at the time permit is requested for a connection to the Sewage Disposal System, or (b) at the option of the applicant, inlieu of such cash payment, such connection rate may be paid at the rate of $3.00 per quarter for a period of 30 years, or until a total of $360.00 has been paid, said sums to be billed quarterly at the same time as the consumption rates hereinafter set forth are billed as a separate item in said bill. Except as hereinbefore otherwise provided, Al 1 connection charges are payable in cash, either (a) at the time permit is requested for a con- nection 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 desires to exercise the second option above provided, applicant shall sign an agreement in form prepared by the City to pay said sum at the time final inspection is requested, in which event no final inspection shall be made until said sum is paid. Where connection rates have heretofore been paid under the pro- visions of Ordinance No. 98 of the City, and amendment s thereto, credit shall be applied towards payment of the connection rates provided in this ordinance, and in tho se cases where such payment exceeds the connection rates provided in this ordinance, refunds of t he excess shall be made upon ap- plication being made therefor. In those cases where, under the provisions of said Ordinance No. 98 and amendments the reto, time payment s of said con- nection rates were permitted and the option exercised, credit shall be given such user for the payments previously made towards the total connection rates herein provided There time payments are authorized and the option therefor exercised pursuant to the provisions of this section. All connections to the Sewage Disposal System shall be made by and at the expense of the property owner or user so connecting subject to any rules or regulations therefor now or hereafter established by the City, and subject to inspection and approval prior to use. Permit for such con- nection shall be obtained in advance from the City, and the property owner or user making such connection shall pay all inspection charges now or here- after established by the City prior to the use thereof. Commercial and Industrial Sewer Servic e Rates (a) Commercial Uses. Said rates shall apply to all com- mercial buildings or business establishments 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 install- ments, for a period of fifteen (15) years. (b) Industrial Users. Said rates shall apply to all manu- facturing plants or industrial establishments now or hereafter connected to any of the sewers of the System, and such rate shall be $70.00 per acre per year, payable in quarterly installments, for a period of ten (10) years. Page 2069 Any commercial or industrial users heretofore connected to any of the sewers of the Sewage Disposal System shall receive credit for any debt service or sewer service rates heretofore paid against the sewer service rates due under the provisions of' this ordinance. Governmental Sewer .Jervice Rates There is hereby established a sewer service rate applicable 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 unit" shall be construed to include school 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 $50.00 per acre 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 ,Jeve rnment al unit owning the property or properties so serviced. Where any public governmental unit has heretofore made a direct contribution to the cost of a sewer, pursuant to contract or agreement with the City., the debt service rate herein specified for public governmental units shall not apply to any connections or use made by said public govern- mental unit of the particular sewer to which such direct cost contribution has been made. Any such rates heretofore paid by any such governmental unit under the provisions of Ordinance No. 98 of the City, and amendments thereto, shall be applied as a credit against the sewer service rates due under the pro- visions of this Ordinance. Sewage Disposal Consumption Rates Such rates shall be levied on each lot or parcel of land, building or premises now or hereafter having any connection with the Sewage Disposal System. Such sewage disposal rate shall be as follows, to wit: (a) For all houses or residential dwellings connected to and using the facilities of the Sewage Disposal System, such rate shall be a flat rate of $14.00 per year, payable in equal quarterly inst al lments. (b) For all commercial or industrial buildings connected to and using the facilities of the Sewage Disposal System, such rates shall be based upon the quantity of water used therein or thereon, as the same is measured by the water meter installed therein, and shall be as follows: From 0 to 10,000 cubic feet per month - $0.80 per 1,000 cubic feet 10,000 to 100,000 cubic feet per month - $0.70 per 1,000 cubic feet In excess of 100,000 cubic feet per month - $0.60 per 1,000 cubic feet The minimum quarterly consumption charge to commercial or indus- trial users shall be $3.50 per quarter. Page 2070 The above rates do not include any rates imposed by the County of Wayne for the treatment and disposal of sewage through its Sewage treatment and disposal facilities. Any such rate shall be included and specified as a separate item in bills sent to users as hereinafter provided. Special Rates Where sewage disposal service is furnished to users not connected to the water system, or if connected to the water system no meter is used to measure the quantity of water used, or in cases where users make use of large quantities of water which may be discharged into storm sewers, or for other miscellaneous users of water for which special consideration should be given, special sewage disposal rates may be fixed by the City Council. The City Council may establish spe cial r ates to meet special cir- cumstances where in its judgment the application of the rates herein pro- vided would be unequitable. Storm Sewer Charges Beneficiaries of the storm sewers, as those terms are defined in Section 1 hereof, shall pay a debt service charge based upon $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, or at the option of the beneficiary, may be paid in full within one (1) year after the date of adoption of this Ordinance, in which event a five (5%) per cent discount shall be given. Refund of Excess Debt Service Payments Where residential users of the sewers in sewage disposal district No. I have nude advance or excess payments of the residential debt service rate specified in Ordinance No. 26 of the City, as amended, over and above the minimum quarterly payment s specified and required in said Ordinance, the amount of said excess payment as of the date of the adoption of this Ordinance shall be refunded upon dte application being made therefor to the City Treasurer. Billing Bills for the connection rates (where payable in installments), sewer service rates and sewage disposal consumption rates, shall be made as separate items on the water bills for those premises served by the Sewage Disposal System who have connections to the water system of the City of Livonia, and separate bills for such rates and charges, or those applicable, shall be prepared for premises having no connection to the water system. Said hills 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 hills not paid when due, a penalty of ten (10%) per cent of the amount of such bill shall be added thereto. Bills for the storm sewer charge to beneficiaries thereof shall Page 2071 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 (10%) per cent of the amount of such bill shall be added thereto. Enforcement The charges ard 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 94, Public Acts of Michigan, 1933, as amended, where notice is given that a tenant is responsible for the pay- ment of the consumption rate, sewer service charge (if any), and connection rates and charges (if payable in installments) no further water or sewer service shall be rendered to such premises until a cash deposit of not less than $25.00 shall have been made as security for the payment of such charges and service. In addition to other remedies provided, the City shall have the right to shut off and discontinue the supply of water to any premises for the non-payment of charges and rates herein specified when due. All rates herein specified, except the sewage disposal consumption rate, shall become effective immediately upon the adoption of this Ordinance. The sewage disposal consumption rates herein specified shall become effective as of the billing period commencing October 1, 1955. Section 6. No free service shall be furnished by the Sewage Disposal System to any person, firm or corporation, public or private, or to any public agency or in- strumentality, but service so furnished by the System shall be paid for in accordance with the foregoing schedule of rates, or any revision thereof, in compliance with the provisions of this Ordinance. The City of Livonia shall pay from its general Hinds, or from the proceeds of taxes which it is authorized to levy within constitutional limits, the sewage disposal rates herein set forth, and sewer service rates established herein for public governmental units, for any connections serving said City or any of its departments or agencies. Section 7. The Sewage Disposal System Receiving Fund (hereinafter referred to as the "Receiving Fund") established pursuant to the provisions of Ordinance No. 98 of the City, and amendments thereto, shall be continued as a separate depositary account, and the gross revenues of the Sewage Disposal System are hereby ordered to be set aside as collected into said fund, and said revenues so deposited are pledged for the purpose of the following funds and shall be transferred from the Receiving Fund periodically in the manner and at the times hereinafter specified. (A) OPERATIDN AND MAINTENANCE FUND Out of the revenues in the Receiving Fund there shall first be set aside dur- Page 2072 ing each quarterly period into a separate depositary account designated OPERATION AND MAINTENANCE FUND, a sum sufficient to provide for the payment of the next quarter's current expenses of administration and operation of the Sewage Disposal System and such current expenses for the maintenance thereof as may be necessary to preserve the same in good repair and rking order. The City Council, prior to the commencement of each operating year, shall adopt a budget covering the foregoing expenses for each year, and such total expenses shall not exceed the total amount specified in saki budget, unless approved by a five- sevenths (5/7) vote of the members of the City Council. (B) CONTRACT PAYMENT FUND There shall next be established and maintained a separate depositary account designated CONTRACT PAYMENT FUND, the moneys from time to time on deposit therein to be used solely for the purpose of making the fixed debt retirement payments required by the provisions of the contract. All moneys remaining in the Receiving Fund after the foregoing provisions have been made for the requirements of the Operation and Maintenance Fund, shall semi- annually on December 1st and June 1st of each year be set aside and transferred to the Contract Payment Fund, which said moneys shall then be used as follows and in the following priority: First: For the fixed debt retirement payments due on January 1st and July 1st of each year, representing interest on the bonds due on January 1st and principal and interest due on July 1st of each year. Second: To the establishment of a Contract Payment Reserve Fund which shall be maintained as a separate account, until said fund shall equal the maxi- mum principal and interest becoming due on the bonds in any future year. The moneys 5+n said Contract Payment Reserve Fund shall be used sdbiy for the payment of the fixed debt retirement payments to the extent of any deficiency in current revenues available therefor. Any moneys so used shall be replaced from the next revenues available therefor. Moneys in the Contract Payment Reserve Fund may be invested in obligations of the United States of America, and any income therefrom shall be credited to said fund. Third: For advance payments or redemption of bonds prior to maturity in accordance with the authorization contained in Section 9 of the County Ordinance and the provisions of the contract, at the written option of the City, or, at the option of the City Council for the construction of additional extensions and improvements to the Sewage Disposal Systeml or the payment of indebted- ness incurred therefor. Section 8. Out of the moneys on hand in the Receiving Fund as of the date of the adoption of this ordinance there shall be deposited with the Detroit Trust Company, in trust, a sufficient amount to pay all principal and interest becoming due on the outstanding Sewage Disposal System No. I Revenue Bonds, and Sewage Disposal System No. II Revenue Bonds of the City due on March 1, 1956, pursuant to the pro- visions of the contract (Section 7 of the supplemental contract). Section 9. The auditor of the City is directed to maintain a separate ac- Page 2073 counting of all funds and revenues received under the provisions of Ordinance No. 98 of the City, and amendments thereto, or under the provisions of this ordinance, from the users of the sewers constructed under the provisions of Ordinance No. 26 of the City, as amended, and Ordinance No. 42 of the City, and in the event the bonds are not sold and delivered prior to March 1, 1956, said moneys shall be transferred to the Receiving Funds set up in said respective ordinances. It is the purpose and in- tent of the City to maintain this separate accounting so that there can be m impair- ment of the security of said outstanding bonds, in the event the bonds (as herein defined) are not sold and delivered prior to the next maturity date of said outstand- ing bonds. It is expected that said outstanding bonds will be paid in full on said next, call date (March 1, 1956), in which event said Ordinances No. 26, as amended, and No. 42 of the City will be repealed. Section 10. All moneys in any other funds established under the provisions of Ordinances No. 26, as amended, and No. 42 of the City shall be transferred to the Receiving Fund, provided, however, that the Auditor of the City shall maintain a separate record and accounting of such funds, and in the event the bonds are not sold and delivered prior to March 1, 1956, said moneys shall be re-transferred to the funds from Which they were taken. It is also the purpose and intent of this provision to protect the holders of outstanding revenue bonds issued under the provisions of Ordinances No. 26, as amended, and No. 42 of the City from impairment of their security in the event the bonds (as herein defined) are not sold and delivered prior to the next maturity date of said bonds. Section 11. It shall be the duty of the City Treasurer, pursuant to the pro- visions of the contract, to forward to the Board of County Road Commissioners of the County of Wayne, Michigan, the fixed debt retirement payments due from the City from tine to time. If at any time there are insufficient funds in the Contract Payment Fund or the Contract Payment Reserve Fund to meet said payments in full, the deficiency shall be paid out of the general funds of the City pursuant to the obligation assumed by the City under the terms of the contract and Act 342, Public Acts of Michigan, 1939, as amended. Section 12. Pursuant to the provisions of the contract and. Section 5 b of Act 342, Public Acts of Michigan, 1939, as amended, the City has pledged its full faith, credit and resources to the making of the fixed debt retirement payments required under the contract. To carry out, said pledge the City Treasurer is directed and ordered to make up any deficiencies in said required payments out of the general funds of the City, in event there are insufficient funds in the Contract Payment Fund or Contract Payment Reserve Fund to meet said required payments. The City does hereby irrevocably agree and pledge itself to levy such ad valorem taxes as may be necessary to provide funds to make such payments, in the event the revenues herein provided become or are anticipated to be insufficient therefor, or to make up any a Ivances or paynents made from the general funds of the City as herein required. Section 13. Nothing contained in this Ordinance shall be construed to pre- vent the City from entering into additional contracts with the County under the pro- visions of Act 342, Public Acts of Michigan, 1939, as amended, 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 obligations incurred thereby. Section 14. The rates and charges specified in Section 5 of this Ordinance shall be subject to revision from time to time by the City Council, it being the intent Page 2074 that such rates shall as far as reasonably possible provide sufficient funds to enable the City to efficiently operate and maintain the Sewage Disposal System and to meet its fixed debt retirement payments required by the contract without recourse to its general funds. Section 15. If the character of the sewage of any manufacturing or industrial plant or any other building or premises shall be such as to impose an unreasonable burden upon the Sewage Disposal System, the City Council shall require that such sewage be treated by the person, firm or corporation responsible therefor before being emptied into the sewer or the right to empty such sewage may be denied, if necessary, to pro- tect the said System or any part thereof. Section 16. The City shall cause to be maintained and kept proper books of record and account, in which shall be made full and correct entries of all transactions relating to the Sewage Disposal System. Not later than two (2) months after the close of each fiscal year, the City shall cause to be prepared a statement in reasonable detail, showing the cash income and disbursements of the Sewage Disposal System at the beginning and close of the operating year and such other information as may be neces- sary to enable any taxpayer of the City, user or beneficiary of the service furnished to be fully informed as to all matters pertaining to the financial operation of the System during such year. Such annual statement shall be filed in the office of the City Clerk, where it will be open to public inspection. Such books of record and account shall be audited annually by a certified public accountant, to be designated by the City Council , and a certified copy of such audit shall be filed with the City Clerk. Section 17. No connection shall be made or permitted to be made to any of the sewers of the Sewage Disposal System without obtaining the permit specified in Section 5 of this Ordinance, nor shall any connection be made or pennitted to be made to any of the sanitary sewers of the Sewage Disposal Systen which will in any way cause storm water or surface drainage to be carried into said sanitary sewers. Any person, firm or corporation violating the provisions of this Section by making such unauthorized connections to the Sewage Disposal System shall be guilty of a misdemeanor and upon con- viction thereof shall be fined in an amount not exceeding Twenty-five ($25.00) Dollars for each violation. Each day in which any such violation shall continue shall be deemed a sepa rate offense. Section 18. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 19. All ordinances, resolutions or orders, or parts thereof, in con- flict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Ordinance No. 98 of the City, and amending Ordinances No. 100 and No. 102, are hereby specifically repealed and rescinded. The rates and charges specified in Ordinances No. 26, as amended, and No. 42 for users of the sewers constructed under the provisions of said Ordinances shall be superseded by the rates and charges specified in this Ordinance, it being the determination of the Council that, said new rates will in no manner impair the security of the bonds issted under the provisions of said Ordinances. Section 20. This Ordinance shall be immediately recorded by the City Clerk in "The Record of Ordinances" book as soon as it is adopted, which record shall be authenticated by the signatures of the Major and City Clerk in accordance with the re- Page 2075 quirements of the City Charter, and shall be published once in The Livonian, a news- paper of general circulation in said City, within ten (10) days after its passage, and shall become effective upon date of publication. The foregoing ordinance was placed on the table for consideration at the next regular meeting of the Council, October 24, 1955. Councilman Kleinert introduced the following Ordinance. No, 114 AN ORDINANCE AMENDING SECTION 1, OF ORDINANCES NO. 18, 58 AN) 59, ENTITLED, "AN ORDINANCE PRO- HIBITING DISCHARGE OF FIREARMS EXCEPT IN CERTAIN AREAS, REGULATING THE USE THEREOF AND PROVIDING A PENALTY FOR. VIOLATION THEREOF." THE CITY OF LIVONIA ORDAINS: Section 1, Section One of Ordinances No. 18, No. 58 and No. 59 of the City of Livonia entitled, "An Ordinance Prohibiting Discharge of Firearms Except in Certain Areas, Regulating the Use Thereof and Providing a Penalty for Violation Thereof", is hereby wended to read as follows: Section 1. The use or discharge of any and all firearms within the City of Livonia is hereby prohibited, except that - (a) Within those sectinns of the City of Livonia lying west of Farmington Road and north of Schoolcraft Road, consisting of Sections Four (4) to Nine (9), inclusive, and Sections Sixteen (16) to Twenty- One (21), inclusive, shotguns may be used or discharged at a distance of more than six hundred (600) feet from any building which is being used or occupied as a dwelling, residence or business; provided, however, that shotguns may be used or discharged, within the above described Sections, by farmers anywhere on their own land at least six hundred (600) feet from any building on adjoining land; provided, further, that the use or discharge of shotguns on any parcel of land having an area of five (5) acres or sore may be allowed by a special permit, which permit shall be issued by the Chief of Police, on written application, to the owner of any such parcel and the members of his family residing thereon, which permit shall be for a period not to exceed thirty (30) days and under which permit no shotgun may be used or discharged within six hundred (600) feet of any building on adjoining land; and, provided further, that in no event shall any shotgun be used or discharged on Sunday, nor shall any shotgun be used or discharged on any property without the express consent of the owner thereof. (b) Nothing herein contained shall prevent the use or discharge of any firearms on any duly licensed shooting range, or by any person Page 2076 or persons properly acting in self-defense, or by, or at the direction of any police, military or governmental authority duly established under L the laws of the City of Livonia, State of Michigan or the United States. 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. In the event any portions of this ordinance are held invalid for any reason, then the holding shall not affect the remaining portion of this ordinance. Section 4. This ordinance is hereby declared to be an emergency ordinance necessary for the protection of the public health and welfare and shal l take effect immediately on publication. A roll call vote was taken on the foregoing ordinance with the following result: AYES: Killam, Kleinert, Whitehead, Edgar and Daugherty. NAYS: Jones. The President declared the ordinance duly adopted and will become effective on date of publication. On motion of Councilman Killam, seconded by Councilman Jones and unanimously adopted, this 32nd Special Meeting of the City Council was duly adjourned at 10:42 P. M., October 20, 1955. 7- ..--; .7.. --:-.),/e.,"..t.:." Mar' - W. C 'ark, City Jerk Attested: j `--, t `. --.,----\ --... :-.1.-N4,_,-. -.., 2; \--,,_4,7-‘,t_ L. :\, \\N-'tk- k- Johfi Daugherty, President othe Counc Rudo R. einert, Vice President of the Council