HomeMy WebLinkAboutCOUNCIL MINUTES 1954-02-23 Page 1374
MINUTES OF THE REGULAR ONE HUNDRED THIRTEENTH MEETING
160 OF THE QDUNCIL OF THE CITY OF LIVONIA
On February 23, 1954, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:30 P. M., by the
President of the Council, Harry S Wolfe Roll was called with the following
result- Present-- Harry S Wolfe, Wilson W. Edgar, Raymond E Grimm, John W.
Whit ehead, Nettie Carey and William J Taylor Absent-- Harold Bower
Minutes of the regular 112th meeting held on February 8, 1954, and
the adjourned 112th regular meeting held on February 15, 1954, were read and
approved.
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#908 RESOLVED, that the hour of 9.00 P M , having arrived, the
1160 Council does hereby declare that the time for receiving bids for the
purchase of $561,000.00 General Obligation Drain Assessment Funding
Bonds of the City of Livonia, as advertised, be declared closed; and
that the City Clerk is hereby directed to open and read all sealed
bids received for such purchase
The City Clerk thereupon opened and read the fo llowi ng bids:
Bidder Maturity Interest Rate Premium
Braun, Bosworth & Co 1955 thru 1965 2-3/4%
1966 thru 1967 3 % $499 24
B J Vaningen & Co 1955 thru 1959 2-3/4%
1960 thru 1967 3 % 38.71
The following preamble and resolution was offered by Councilman Edgar,
and supported by Councilman Grimm-
#909 WHEREAS, February 23, 1954, at 9:00 o'clock P M , Eastern
Standard Time, has been set for the date of opening the bids for the
purchase of $561,000 00 General Obligation Drain Assessment Funding
Bonds of the City of Livonia, Wayne County, Michigan,
AND WHEREAS, said bids have been publicly opened and read;
AND WHEREAS, the following bids have been received:
Page 1375
Bidder Maturity Interest Rate Premium
Braun, Bosworth & Co 1955 thru 1965 2-3/4%
1966 and 1967 3 % $499 29
B J Vaningen & Co 1955 thru 1959 2-3/4%
1960 thru 1967 3 % $ 38.71
AND WHEREAS, the bid of Braun, Bosworth & Company has been
determined to produce the lowest interest cost to the City of Livonia;
NOW, THEREFORE, BE IT RESOLVED THAT:
1 The bid of Braun, Bosworth & Company as above stated be,
and the same is hereby accepted
2. The checks of the unsuccessful bidders be returned to each
bidder's representative or by registered mail.
3. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same are
hereby rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grimm, Edgar, Whitehead, Carey, Taylor and Wolfe.
NAYS: None.
mom
On motion of Councilman Grimm, seconded by Councilman Whitehead, and
unanimously adopted, it was
#910 RESOLVED, that the Council having considered the report of
George E. Harmon, Police Chief, dated February 23, 1954, pertaining
to Arthur Collins, owner of Twin Gables Tavern, located at 33601 Plymouth
Road, holder of Tavern License No 213, and pursuant to the recommendations
contained in such report, does hereby recommend to the Michigan Liquor
Control Commission that said license of Arthur Collins be cancelled
forthwith
Councilman Edgar introduced the following Ordinance:
NO.
AN ORDINANCE AMENDING SECTIONS 1 AND 28
OF THE ZONING MAP OF THE CITY OF LIVONIA,
AND AMENDING ARTICLE 3.00 OF THE ZONING
ORDINANCE, ORDINANCE NO 60 OF THE CITY
OF LIVONIA, BY ADDING THERETO SECTIONS
3.33 and 3.34
r...
THE CITY OF LIVONIA ORDAINS:
Page 1376
Section 1. The reports and recommendations of the City Planning Commission
dated December 21, 1953, and January 25, 1954, on Petitions numbered Z-40 and Z-41,
to amend the Zoning Ordinance and the Zoning Map of the City of Livonia, and all
proceedings heretofore conducted on such petitions, are hereby approved.
Section 2. Article 3.00 of the Zoning Ordinance, Ordinance No 60 of the
City of Livonia, is hereby amended by adding thereto the following sections:
Section 3.33 Petition No Z-40 of Merwin K Grosberg is hereby
granted; the zoning classification of the premises described in said
petition is hereby changed from R-U-F-B to P-1 as requested in such petition,
and the Northeast 1/4 of Section 1 of said Zoning Map is hereby amended to
conform to the change made in this section
Section 3.34 Petition No. Z-41 of Ralph A. Westlake, et al, 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 recommended by the City
Planning Commission; and the Northeast 1/4 of Section 28 of said Zoning Map
is hereby amended to conform to the change made in this section.
Section 3 The attached map designated "Amendment No. 7 of the Zoning Map
of the City of Livonia", showing 41 of the amendments and changes made in the foregoing
Section 2 of this ordinance, is hereby approved, established and made a part hereof.
Section 4. 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.
r..
Section 5 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 portion of this ordinance.
The foregoing ordinance was placed on the table for consideration at the next
reg lar meeting of the Council .
By Councilman Grimm, seconded by Councilman Taylor, it was
#911 RESOLVED that, pursuant to the recommendation of the Department
of Public Works dated February 5, 1954,t: e bid of Wolverine Tractor and
Equipment Company on one International Model A Tractor with Mower in the
amount of $1,563.10, which bid was the lowest bid received when bids were
opened on January 25, 1954, be accepted; and the issuance of a purchase
order in conformance with such bid is hereby authorized.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grimm, Edgar, Whitehead, Carey, Taylor and Wolfe.
NAYS: None
Page 1377
By Councilman Edgar, seconded by Councilman Grimm, it was
#912 RESOLVED that, pursuant to the recommendation of the Department
�.. of Public Works dated February 22, 1954, the bid of the Michigan Tractor
and Machinery Company for one new Conveyor Loader in the amount of $1 ,090.00,
such bid being the lowest bid received when bids were opened on January 25,
1954, be accepted; and the issuance of a purchase order in conformance with
such bid is hereby authorized
A roll call vote was taken on the foregoing resolution with the following result •
AYES: Grimm, Edgar, Carey, Taylor and Wolfe.
NAYS. Whitehead
By Councilman Whitehead, seconded by Councilman Carey, it was
#913 RESOLVED that, pursuant to the re commendation of the Department
of Public Works and the City Engineer dated February 23, 1954, and the
Council having considered the bids submitted on February 15, 1954 on the
construction of 1954 Water Main Extensions, an abstract of which bids was
prepared by the City Lngineer, the Council does hereby accept the follow-
ing bids:
Contract No 1 to George Tripp, Inc $422,568 59
Contract No 2 to George Tripp, Inc 426,515.31
Contract No. 3 to The Boam Co. Inc. 266,895.50
Total $1,115,979 40
all of which bids were the lowest bids received; that the Mayor and City
Clerk are hereby authorized to affix their official signatures on behalf
of the City of Livonia to contracts with said low bidders consistent with
such bids, provided, however, that this resolution shall not become
effective until revenue bonds required to finance this project have been
duly sold
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grimm, Edgar, Whitehead, Carey, Taylor and Wolfe.
NAYS None
By Councilman Carey, seconded by Councilman Taylor, it was
#914 RESOLVED, that paragraph (e) of Resolution No A-681, adopted
at the 50th regular meeting of the Council held on September 24, 1951, is
hereby amended to read as follows:
(e) Upon each and every connection in any way to the Extension,
the City of Livonia shall collect a connection charge as
follows:
Page 1378
(i) In the case of any connection by a user abutting on
the Extension, a base rate connection charge of $210 00
for each single family residence unit shall be collected
r... at the time the permit for such connection is issued.
(ii) In the case of any other connection by a user to a
lateral sewer or other sewer using the Extension as an
outlet, a base rate connection charge of $35.00 for each
single family residence unit shall be collected at the time
the permit for such connection is issued;
that the above amendment shall be considered retroactive to the original
date of adoption of said resolution and an adjustment shall be made on
all connection charges heretofore paid.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grimm, Carey, Taylor and Wolfe
NAYS. Edgar, Whitehead
By Councilman Taylor, seconded by CouncilmanWhitehead and unanimously
adopted, it was
#915 RESOLVED, that the request of National Food Stores, Inc ,
28275 Plymouth Road, Livonia, Michigan, for a new SDM license, which
;ra. request has also been approved by the Chief of the Police of the City
of Livonia, is hereby approved
By Councilman Taylor, seconded by Councilman Carey, it was
#916 RESOLVED that, pursuant to a communication from the Wayne County
Drain Commission dated February 23, 1954, the City of Livonia does hereby
agree to pay to the Wayne County Drain Commission the sum of $24,747.44
representing the construction costs of the increased size of sewer and
extension of the Bell Drain branch, together with the coat of right of
way; that said sum of $24,747.44 is hereby appropriated from the Unallocated
Fund to Sewage Disposal District #4, to be repaid to the General Fund from
the proceeds of the sale of bonds to finance such improvement
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Grimm, Edgar, Whitehead, Carey, Taylor and Wolfe
NAYS. None
By Councilman Whitehead, seconded by Councilman Carey and unanimously
adopted, it was
#917 RESOLVED that the appointment by Mayor Ziegler of Howard Passmore
as a member of the Tax Board of Review for a term of two years is hereby
approved
Page 1379
The following letter from the Men Gardener's Luncheon Club, Inc , dated
February 12, 1954
"Let us congratulate the City of Livonia for cooperating with
the Womans National Farm and Garden Association in adopting
the "Almey Flowering Crab" as its official tree
"With the whole-hearted support of your citizens these should
be the envy of your neighbors and contemporaries.
"In two or three years Livonia will probably be a must for the
Spring garden tours."
was received and placed on file
By Councilman Whitehead, seconded by Councilman Carey, it was
#918 RESOLVED that, pursuant to a communication from the City Clerk
dated February 16, 1954, the sum of $2,028.07 is hereby appropriated from
the Unallocated Fund and transferred to the Retirement Fund under the
provisions of Ordinance No 77, known as the Pension Ordinance.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Grimm, Edgar, Whitehead, Carey, Taylor and Wolfe.
NAYS: None.
A letter from the Board of County Road Commissio ners of Oakland County
dated February 17, 1954, refusing to reduce the speed on Eight Mile Road from 40
miles per hour to 25 miles per hour and demanding that the present 25 miles per
hour and 35 miles per hour signs of the City of Livonia be removed, was referred to
the Department of Public Safety and the Traffic Commission.
By Councilman Taylor, seconded by Councilman Grimm and unanimously
adopted, it was
#919 RESOLVED, that the letter of Harry Slatkin Builders, Inc ,
dated February 18, 1954 and requesting sewers in Country Homes Subdivision,
is referred to the Department of Public Works for its report and re-
commendation.
e-
commendation.
By Councilman Grimm, seconded by Councilman Taylor and unanimously
adopted, it was
two, #920 RESOLVED that, pursuant to the recommendation of Nathaniel 0
Gould & Thomas W Moss, Inc , dated February 9, 1954, the special
Page 1380
committee of the Council on the new Fire Station No 2 was authorized to
arrange for inspection of said station and for a subsequent dedication
thereof.
By Councilman Edgar, seconded by Councilman Grimm, it was
#921 RESOLVED, that the report of the Finance Committee for the month
of January, 1954, is hereby approved and a summary of said report is hereby
spread upon the minutes of this meeting as follows:
General, Administrative and Legislative.
Executive $ 50.00
Legislative 627.45
City Treasurer 60 64
City Clerk 1,720.20
Department of Law 3.18
Travel and Education 993 00
Justice Court 657.38
Civil Service Commission 102.23
City Planning Commission 813 29
Civilian Defense 45.93
Court Building 205 24
City Hall 1,228 68 $ 6,507 29
Department of Public Safety:
Police Department 6,296 95
Fire Department 3,799.43
Inspection Department 401.71 10,498.09
r... Department of Public Works 4,389 99
Department of Parks and Recreation 1,801 41
Traffic Commission 63.75
$ 23,260.53
General Ledger Accounts.
Insurance 4,102.97
Reserve for Encumbrances 4,469 00
Acquisition of Land 1,562 02
Inventories 1,948 08
Credit for Drum Return —12.00
Middle Rouge Interceptor Drain 40,132.34
Contracts Payable 17,897 83
Accounts Receivable 1.00
Advances 23,419.98 $ 98,521.22
$121,781.75
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Grimm, Whitehead, Carey, Taylo5Edgar and Wolfe
NAYS: None.
Page 13$1
The City Attorney read to the Council the proposed contracts by the
City of Livonia and General Motors Corporation and Evans `products Company
guaranteeing a minimum use of water
By Councilman Whitehead, seconded by Councilman Taylor, it was
#922 RESOLVED, that the following contract
THIS AGREEMENT, made and entered into this day of
1954, by and between the CITY OF LIVONIA, a public body corporate of the State of
Michigan, hereinafter referred to as the "City", and GENERAL MOTORS CORPORATION, a
private corporation incorporated under the laws of the State of Delaware, herein-
after referred to as the "Company "
WITNESSETH:
WHEREAS, the City now operates and maintains within its corporate limits
a Water Supply and DistributionSystem for the purpose of furnishing to its residents
and citizens water for domestic and commercial uses and for fire protection, the
water supply being obtained through the Wayne County Metropolitan Water Supply
System by virtue of a contract between the Township of Liw ni a (now succeeded by
the City) arri the Board of County Road Commissioners of the County of Wayne, acting
for and on behalf of the County of Wayne, dated March 18, 1949;
AND WHEREAS, the Company (Chevrolet Motor Division) is now completing
the construction in the City of a manufacturing plant located at the northeast corner
of Eckles Road and Amrhein Road in said City, which plant requires and will continue
to require an adequate source of water supply for its operation and use and for
protection against fire,
AND WHEREAS, the City, by reason of its rapid growth in population both
now and anticipated in the future, and the locating and anticipated locating of
many homes, and commercial and industrial establish ments in the City, including
that portion occupied by the manufacturing plant of the Company, should extend and
increase its water distribution facilities in order to adequately service said
portions of the City in need thereof, including the manufacturing plant of the Company,
AND WHEREAS, plans, specifications and estimate of cost of the various
extensions and improvements to the Water Supply and Distribution System have been
prepared by Herald Hamill, registered engineer of Plymouth, Michigan, which estimate
of cost totals One Million Five Hundred Thousand($1,500,000.00) Dollars;
AND WHEREAS, to pay the cost of such extensions and improvements to its
Water Supply and Distribution System, the City proposed to issue additional Water
Supply System Revenue Bonds in the aggregate principal amount of approximately One
Million Five Hundred Thousand ($1,500,000.00) Dollars, said bonds to have equal
standing and priority of lien with the outstanding Water Supply System Revenue
Bonds dated February 1, 1952, in the aggregate principal amount of One Million Six
Hundred Sixty Thousand ($1,660,000 00) Dollars, issued under the provisions of
Ordinance No 43 of the City;
Page 1382
AND WHEREAS, as a condition precedent to the issuance of said additional
revenue bonds, it is necessary that the requirements of Sect ion 19 of Ordinance No. 43
of the City be complied with, and that adequate revenue be assured to provide for the
r..s operation and maintenance of the System, to provide for prompt payment of principal
and interest on the bonds when due, and to provide for the establishment and main—
tenance of a total bond reserve of Two Hundred Thousand ($200,000 00) Dollars, all
in compliance with Ordinance No. 43 of the City, and the ordinance authorizing the
issuance of the additional bonds, and to those ends, to enter into contracts with
the large industrial users of water from the new extensions and improvements to the
System providing for a guaranteed minimum use by them of water for a specified
period of time;
AND WHEREAS, the Company is one of such large users of water, and in
consideration of the City financing and making the necessary improvements to the
System which will assure adequate water service to the aforesaid plant of the
Company and residents and home owners in the City, it is willing to enter into this
contract;
NOW, THEREFORE, in consideration of the premises and mutual covenants
herein contained, the parties hereto agree as follows.
1 The Company agrees to purchase from the City all water required
for its manufacturing operations at its aforesaid manufacturing plant, and the City
agrees to sell and supply to the Company at its said plant the water so required,
as the same shall be supplied by and purchased from the Wayne County Metropolitan
Water Supply System pursuant to the agreement between the Township (mow City) of
Livonia and the Board of County Road Commissioners of the County of Wayne referred
to in the preamble hereto, for the regular domestic and industrial requirements of
a.. the Company in accordance with such rates, fees, tap charges and subject to such
rules and regulations as are duly fixed and established by the City from time to
time.
2 The contemplated minimum consumption of water at the aforesaid
manufacturing plant of the Company for the five (5) years immediately succeeding
the date of this contract is two hundred fifty million (250,000,000) gallons per
year The contemplated minimum consumption of water at said manufacturing plant
of the Company for the ten (10) years immediately following the first five (5)
years is one hundred eighty—five million (185,000,000) gallons per year. Ten (10)
days after written demand on the Company by the City and after receipt by the
Company of the City's bill thereforewithin sixty (60) days after the end of the
operating year of the City System, the Company will pay to the City the duly
established rates, charges and fees on each million gallons by which such total
ttontemplated minimum consumption shall have exceeded the amount of water actually
purchased by the Company from the City during the operating year: Provided, However,
that such obligation to the City shall not include the wrnlesale rate for such
amount of water established by the County of Wayne to the City and the obligation
of the Company to the City shall be limited to the difference between the wholesale
rate established by the County and the duly established rate of the City for
customers of the same service classification as the Company.
The Company's obligation hereunder shall be subject to the following
terms and conditions:
Page 1383
(a) The amount to be paid to the City by the Company under
the provisions of this paragraph shall be limited to such amount as, when
added to amounts payable by others under similar contracts, if any, shall
be necessary to maintain the Bond Reserve Account in the Bond and Interest
Redemption Fund of the System up to a total amount of Twl Hundred Thousand
($200,000.00) Dollars, as required by Ordinance No. 43 of the City, as
supplemented by the ordinance under which additional Water Supply System
Revenue Bonds in the aggregate principal amount of approximately One
Million Five Hundred Thousand ($1,500,000 00) Dollars are to be issued
(b) In the even t that other persons, fines or corporations
having similar contracts for the supply of water from the System, do not,
during any operating year use the total minimum quantities of water
required under their respective contracts, the City shall pro-rate the
amounts necessary to be paid to meet the requirements of this paragraph,
so that the Company shall be billed up to its minimum requirement for
only its proportionate share of the total amount necessary to bring the
Bond Reserve Account up to its required amount
(c) For any period less than an operating year of the System,
the contemplated minimum water consumption of the Company for its plant
herein referred to shall be one-twelfth (1/2) of the estimated minimum
consumption of water as set forth in Paragraph 2 of this Agreement.
3 The obligation of the Company to purchase the necessary water
for its plant hereinbefore referred to, and the obligation of the City to furnish
water shall remain in f1i11 force and effect until such time as all of the revenue
bonds issued pursuant to Ordinance No 43 of the City of Livonia, as amended by
... Ordinance No 45 of the City of Livonia, and payable out of the revenues of the
Water Supply System have been paid in full: provided, however, that the provisions
of Paragraph 2 of this contract relative to the minimum guarantee shall remain in
full force and effect for a period of fifteen (15) years from and after the time
specified in Paragraph 4 hereof or until all of the bonds issued pursuant to
Ordinance No. 43, as amended by Ordinance No. 45 of the City of Livonia shall have
been paid infull, which ever date first occurs
4. This contract shall become effective on and after September 1,
1954
5. In the event the City, after diligent effort, is prevented
from or is unsuccessful in the sale of the additional Water Revenue Bonds in the
aggregate principal sum of One Million Five Hundred Thousand ($1,500,000.00)
Dollars, necessary to finance the extensions and improvements to the City System
which will provide service to the manufacturing plant of the Company, this Agreement
shall be null and void, and no rift or obligation shall have been acquired here-
under by or against any of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers and their seals affixed, all
as of the day and year first above written.
Signed, Sealed and Delivered CITY OF LIVONIA
in the Presence of:
BY
Mayor
And
City Clerk
Page 1384
GENERAL MOTORS CORPORATION
By
Vice-President
Att :st.
Assistant Secretary
is hereby fully approved and accepted, that the City of Livonia does
hereby become a party to said contract; and that the Mayor and the City
Clerk are hereby authorized to affix their signatures to said contract
on behalf of the City of Livonia as evidence of such approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Grimm, Whitehead, Carey, Taylor, Edgar and Wolfe.
NAYS: None.
By Councilman Carey, seconded by Councilman Grimm, it was
#923 RESOLVED, that the following contract
THIS AGREEMENT made and entered into this day of ,1954,
by and between the CITY OF LIVONIA, a public body corporate of the State of Michigan,
hereinafter referred to as the "City," and EVANS PRODUCTS COMPANY, a private co rpora-
tion incorporated under the laws of the State of Delaware, hereinafter referred to
as the "Companywon
"
WITNESSETH-
WHEREAS, the City now operates and maintains within its corporate limits a
Water Supply and Distribution System for the purpose of furnishing to its residents
and citizens water for domestic and commercial uses and for fire protection, the
water supply being obtained through the Wayne County Metropolitan Water Supply
System by virtue of a contract between the Township of Livonia (now succeeded by
the City) and the Board of County Road Commissioners of the County of Wayne, acting
for and on behalf of the County of Wayne, dated March 18, 1949,
AND WHEREAS, the Company is now operating a manufacturing plant located
on Eckles goad between Plymouth and Schoolcraft Roads in the Township of Plymouth,
which plant requires and will continue to require an adequate source of water supply
for its operation and use and for protection against fire ;
AND WHEREAS, the City, by reason of its rapid growth in population both
now and anticipated in the future, and the locating and anticipated locating of many
homes, and commercial and industrial establishments in the City proposes to make
major extensions and additions to its water supply system, which will provide
readily available service to the manufacturing plant of the Company, even though
located brsyond the corporate limits of the City;
AND WHEREAS, plans, specifications and estimate of cost of the various
Page 1385
extensions and improvements to the Water Supply and Distribution System have been
111 prepared by Herald Hamill, registered engineer of Plymouth, Michigan, which estimate
of cost totals One Million Five Hundred Thousand ($1,500,000.00) Dollars;
kND WHEREAS, to pay the cost of such extensions and improvements b its
Water Supply and Distribution System, the City proposes to .ssue additional Water
Supply System Revenue bonds in the aggregate principal amount of approximately One
Million Five Hundred Thousand ($1,500,000 00) Dollars, said bonds to have equal
standing and priority of lien with the outstanding Water Supply System Revenue
bonds dated February 1, 1952, in the aggregate principal amount of One Million Six
Hundred Sixty Thousand ($1,660,000.00) Dollars, issued under theprovisions of
Ordinance No. 43 of the City;
AND WHEREAS, as a condition precedent to the issuance of said additional
revenue bonds, it is necessary that the requirements of Section 19 of Ordinance No. 43
of the City be complied with, and that adequate revenue be assured to provide for
the operation and maintenance of the System , to provide for prompt payment of
principal and interest on the bonds when due, and to provide for the establishment
and maintenance of a total bond reserve of Two Hundred Thousand($200,000 00)
Dollars, all in compliance with Ordinance No. 43 of the City, and the ordinance
authorizing the issuance of the additional bonds, and to those ends, to enter into
contracts with the large industrial users of water from the new extensions and im-
provements to the System providing for a guaranteed minimum use by them of water for
a specified period of time;
AND WHEREAS, the Company is one of such large users of water, and in
consideration of the City financing and making the necessary improvements to the
mum System which will assure adequate water service to the aforesaid plant of the
Company and residents and home owners in the City, it is willing to enter into
this contract,
NOW, 1HERER)RE, in consideration of the premises and mutual covenants
herein contained, the parties hereto agree as follows:
1. The Company agrees to purchase from the City all water required
for its manufacturing operations at its aforesaid manufacturing plant, and the City
agrees to sell and supply to the Company at its said plant the water so required
as the same shall be supplied by and purchased from the Wayne County Metropolitan
Water Supply System pursuant to the agreement between the Township (now City) of
Livonia and the Board of County Road Commissioners of the County of Wayne referred
to in the preamble hereto, for the regular domestic and industrial requirements of
the Company in accordance with such rates, fees, tap charges and subject to such
rules and regulations as are fixed and established by the City from time to time
for like industrial users in the City of Livonia.
2. In order to facilitate the sale of Water Supply System Revenue
Bonds in the aggregate principal sum of One Million Five Hundred Thousand ($1,500,000 00)
Dollars necessary to finance the extensions and improvements to the City Water
system which will provide service to the plant of the Company, the Company agrees
to pay within ten (10) days after written demand on the Company by the City, and
after receipt by the Company of the City's bill therefor within sixty (60) days
after the end of the operating year of the City System, an amount equal to the
number of dollars by which the regular rates, chartes and fees of the City of
Livonia for the furnishing of water to the Company per million gallons exceeds
the wholesale rate for such amount of water established by the Connty of Wayne
Page 1386
to the City multiplied by the number of million gallons by which the amount of
water actually purchased by the Cpmpany from the City is less than ninety million
(90,000,000) gallons per year during each of the first five (5) years of this
Agreement and is less than sixty million (60,000,000) gallons per year during
each of the subsequent ten (10) years of this Agreement
The Company's obligation under tnis Paragraph 2 shall be subject to the
further terms and conditions:
(a) The amount to be paid to the City by the Company under the
provisions of this paragraph shall be limited to such amount as, when
added to amounts payable by others under similar contracts, if any, shall
-be necessary to maintain the Bond Reserve Account in the Bond and Interest
Redemption Fund of the System up to a total amount of Two Hundred Thousand
($200,000 00) Dollars, as required by Ordinance No. 43 of the City, as
supplemented by the Ordinance under which additional Water Supply System
Revenue Bonds in the aggregate principal amount of not exceeding One
Million Five Hundred Thousand ($1,500,000 00) Dollars are to be issued
(b) In the event that other persons, firms or corporations
having similar contracts for the supcly of water from the System, do not,
during any operating year use the total minimum quantities of water provided
under their respective contracts, the City shall pro-rate the amounts
necessary to be paid to meet the requirements of this paragraph, so that
the Company shall be trilled up to the amount hereinabove set forth for
only its proportionate share of the total amount necessary to bring the
011111 Bond Reserve Account up to its required amount.
(c) For any period less than an operating year of the System,
the obligation of the Company under Paragraph 2 shall be based on seven
million five hundred thousand (7,500,000) gallons per month and for each
fraction of a month during the first five (5) years, and five million
(5,000,000) gallons per month for each fraction of a month during the
subsequent ten (10) year period
(3) The obligation of the Company to purchase water for its
plant as hereinabove referred to and the obligation of the City to furnish water
shall remain in full force and effect for a period of thirty (30) years from the
date of this Agreement. The provisions of Paragraph 2 of this Agreement shall
remain in full force and effect until such time as the One Million Six Hundred
Sixty Thousand ($1,660,000 00) Dollars issue of Water Supply System Revenue Bonds
presently outstanding and dated February 1, 1952, andthe One million Five Hundred
Thousand ($1,500,000.00) Dollars issue of such bonds contemplated under this
Agreement, issued and to be issued under Ordinance No 43 of the City of Livonia,--
as amended and supplemented, shall have been paid in full, provided that said
obligation shall in no event remain in effect for a period of longer than fifteen
(15) years after the date of this Agreement.
4. This contract shall become effective immediately upon
its execution.
5 In the event the City, after diligent,effort, is prevented
-from or is unsuccessful in the sale of the additional Water Revenue Bonds in
the aggregate principal sum of One Million Five Hundred Thousand($1,500,000.00)
Dollars, necessary to finance the extensions and improvements to the City System
Page 13$7
which will provide service to the manufacturing plant of the Company, this Agreement
shall be null and void, and no right or obligation shall have been acquired hereunder
by or against any of the parties hereto or affect any prior agreement between the
parties hereto, provided that if the Agreement shall not so become null and void it
shall be considered to be in performance of and shall supersede the obligation of
the parties set forth in Paragraph 3 of an Agreement between the parties dated
October 9, 1953
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers and their seals affixed,
all as of the day and year first above written
S.gned, Sealed and Delivered CITY OF LIVONIA
in the Presence of:
By
Mayor
And
City Clerk
EgANS PRODUCTS WMPANY
B9
Secretary
I!!
is hereby fully approved and accepted, that the City of Livonia does
hereby become a party to Said contract; and that the Mayor and the City
Clerk are hereby authorized to affix their signatures to said contract
on behalf of the City of Livonia as evidence of such approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Grimm, White head, Carey, Taylor, Edgar and Wolfe
NAYS: None.
By Councilman Grimm, seconded by Councilman Carey and unanimously
adopted, it was
#924 RESOLVED, that the communication from the City Planning
Commission dated February 19, 1954 and pertaining to the issuance
of building permits was placed on the table for further study
By Councilman Edgar, seconded by Councilman Gridm and unanimously
tow adopted, it was
#925 RESOLVED, that the recommendation of the City Planning L'ommission
dated February 19, 1954 on Petition No Z-44 be tabled until the next
regular meeting of the Council.
Page 1388
By Councilman Edgar, seconded by Councilman Taylor and unanimously
adopted, it was
#926 RESOLVED, that the communication from the Department of Public
Works pertaining to sewers in Irving Rose's Subdivision be placed on
the table for further study
Mr. Lynch, President of Coventry Gardens Improvement Association, appeared
before the Council and discussed the Coventry Drain installed in the summer of
1953 and the matter of creating a special assessment district.
On motion of Councilman Taylor, seconded by Councilman Grimm and adopted
by the unanimous affirmative vote of all members present, this 113th regular meeting
was adjourned to Friday, February 26, 1954, at 9:00 P. M., the time of this adjourn-
ment being approximately 11:25 P M , February 23, 1954
Lir -7_,
• e Clark, City Clerk
Attested:
rry S. . fe, President of t}a Council.
Page 1389
MINUTES OF THE ADJOURNED ONE HUNDRED THIRTEENTH REGULAR
MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 26, 1954, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 9:22 P. M., by the
President of the Council, Harry S Wolfe Roll was called with the following result:
Present:— Harry S. Wolfe, Wilson W. Edgar, Raymond E Grimm, Harold Bower, Nettie
Carey and William J Taylor Absent:-- John W Whitehead.
Mr Stratton Brown of the law firm of Miller,Canfield, Paddock and Stone
read and explained to the Council proposed Ordinance No 80, authorizing the
construction of 1954 water main extensions. Mr. Louis Schimmel of the Municipal
Advisory Council was also present and dis cussed the same subject
On motion of Councilman Taylor, seconded by Councilman Carey and
unanimously adopted, this adjourned 113th regular meeting of the Council was
adjourned to Monday, March 1, 1954, at 8:45 A M , the time of this adjournment
being approximately 9:53 P. M., February 26, 1954.
iii,-7.
„-6r-A-4
' . ie ' . Clark, City lerk
Attested-
II ---7 /
'arry SWolfe, President of/
f he Council