HomeMy WebLinkAboutCOUNCIL MINUTES 1954-03-22 Page 1406
MINUTES OF THE ONE HUNDRED FIFTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 22, 1954, the above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8.31 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,
John W. Whitehead, Nettie Carey and William J Taylor Absent-- none
The minutes of the 114th regular meeting held on March 8, 1954, were
read arra approved by the following roll call vote
AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe
NAYS• Bower
Councilman Bower inquired as to who authorized the publication of
Livonia U S A , and was informe d by other member s of t he Council that such
action had been authorized by the Council He next inquired as to where the
money would come from to pay for such publication and he was informed by other
members of the Council that such money would be appropriated at this meeting
On motion of Councilman Grimm, seconded by Councilman Bower and unanimously
adopted, the Council resoved that the regular order of business be suspended in
order that the Council might take up other matters on the agenda.
Councilman Edgar, as chairman of the Insurance Committee, made an
oral report on the insurance program
The Department of Public Safety submitted its recommendation as to
awarding the bid on a pickup truck for t he Bureau of Inspection.
By Councilman Grimm, seconded by Councilman Edgar, it was
#945 RESOLVED, that the recommendation of the Department of Public
Safety be rejected and that the bid of Paul J Weideman, Inc., on one
half ton Ford 8 cylinder pick up for the Bureau of Inspection, in the
amount of itl,244 80, be accepted, and the issuance of a purchase order
Page 1407
in conformance with such bid is hereby authorized
A roll call vote was taken on the foregoing resolution with the following result:
AYES Edgar, Grimm, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS- None
By Councilman Edgar, seconded by Councilman Carey, it was
#946 RESOLVED, that the recommendation of the Department of Parks
and Recreation, as contained in its communication dated March 22, 1954,
for purchase by the City of Livonia of a parcel of land in proposed
Hearthstone Subdivision in Section 1, adjoining Botsford School and having
an area of approximately 12 9 acres, at a price of $1,200.00 per acre,
is hereby approved, and the purchase of said parcel of land from Thompson
Brown Company, pursuant to its letter dated March 19, 1954, is hereby
authorized; provided, however, that the description of such land shall
be ascertained and approved by the City Engineer and the deed and title
shall be subject to the approval of the CityAttorney
A roll call vote was taken on the foregoing resolution with the following result
AYES: Edgar, Grimm Bower, Whitehead, Carey, Taylor and Wolfe
110 NAYS None
Mr Clarence Hoffman read a letter from Livonia Rotary Youth Foundation,
Inc , dated March 22, 1954, concerning construction of a swimming pool.
By Councilman Edgar, seconded by Councilman Carey and unanimously adopted
it was
#947 RESOLVED, that the President appoint a committee to study and
make a report on the possibility of constructing a swimming pool
President Wolfe thereupon appointed to such Committee, Councilmen
Edgar, Carey and Taylor
By Councilman Grimm, seconded by Councilman Whitehead and unanimously
adapted, it was
#948 RESOLVED, that the Council return to the order of business and,
the hour of 9 00 P M , having arrived that the Clerk open and read all
sealed bids on nursery stock for the new City Hall, liquid Calcium
Chloride for the Department of Public Works and a police car for the
Ilm Police Department.
Page 1408
The City Clerk thereupon opened and read the following bids:
1. Farmington Gardens Nursery (partial bids)
2 Pontiac Nursery (partial bid)
3 Monroe Nursery (complete bid) $ 4,938 63
4. Plymouth Nursery 2,549 41
5 Monroe Nursery (partial bid)
6 Harold Thomas (complete bid) 3,895 80
7. Michael Costello (complete bid) 3,493 50
By Councilman Whitehead, seconded by Councilman Taylor and unanimously
adopted, it was
#949 RESOLVED, that the foregoing bids be referred to the Department
of Parks and Recreation for its report and recommendation.
The City Clerk next opened and read the following bids on Calcium
Chloride for the Department of Public Works
Delivered Applied
1 Producers Transport, Inc $ 10.05 $ 25.43
2. Michigan Chemical Corporation 8 40 11.54
lio By Councilman Carey, seconded by Councilman Grimm and unanimously
adopted, it was
#950 RESOLVED, that the foregoing bids be referred to the Department
of Public Works for its report and re co mmend atio n
The City Clerk next opened and read the following bids on a Ford 8 cylinder
Tudor for the Police Department:
1. Paul J Wiedman, Inc $ 1,025 00
2. Marr Taylor Ford Sales 1,410 00
3 Bill Brown 1,181.74
By Councilman Taylor, seconded by CouncilmanWhitehead and unanimously
adopted, it was
#951 RESOLVED, that the foregoing bids be referred to the Department
of Public Safety for its report and recommendation
By Councilman Carey, seconded by Councilman Taylor and unanimously
adopted, it was
#952 RESOLVED, that the communication from Harry M Sherhine of
29051 Bretton be placed on the table for further study.
Page 1409
By Councilman Carey, seconded by Councilman Whitehead, it was
#953 RESOLVED, that pursuant to the re=mend ati on of the Department
of Public Safety, the bid of Paul J Weidman, Inc., on one 8 cylinder
Ford Tudor for the Police Departnnnt in the antunt of $1,025 00 is hereby
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 resolutio n with the following result:
AYES• Edgar, Grimm, Bower, White head, Carey, Taylor art Wolfe
NAYS: None.
By Councilman Edgar, seconded by Councilman Grimm and unanimously
adopted, it was
#954 RESOLVED, that the proposed plat of Country Homes Subdivision,
part of the east half of Section 32 and part of the west half of Section
33, be referred back to the City Flaming Commission for further study
and clarification as to the size of certain lots therein, it appearing
to the Council that such lots do mt conform to the minimum lot sizes
as set forth in the Zoning Ordinance
By Councilman Whitehead, seconded by Councilman Grimm, it was
#955 RESOLVED that, pursuant to the r econmendation of the Department
of Public Works, the bid of Mich igan Chemical Corporation for calcium
chloride at $8 40 per ton delivered or $11.54 per ton applied to the
streets, is hereby accepted and the issuance of a purchase order in
conformance with such bid is hereby approved
A roll call 'vote was taken on the fore goi ng rem lutio n with the following result.
AYES: Edgar, Grimm, Bower, Whit ehead, Carey, Taylor and Wolfe.
NAYS. None
The City Clerk read to the Council a proposed resolution as prepared by
Miller, Canfield, Paddock and Stone, directing the City Clerk to make application
to the Michi gan Muni cipal Finance Commission for autho rity to sell bonds to finance
the extension to the Water Supply System Councilman Bower stated that he wanted
the record to show that he had changed his mind as to his previous vote authorizing
an extension to the Water Supply System
Councilman Edgar made a motion that the following resolution be
adopted:
Page 1410
#956 WHEREAS, by Ordinance No 80 adopted on March 1, 1954, the
City Council of the City of Livonia authorized the issuance and sale of
One Million Five Hundred Thousand ($1,500,000 00) Dollars Water Supply
System Revenue Bonds, Series B, to be dated April 1, 1954, for the purpose
of acquiring and const ructing extensions, additio ns aryl improvements to
the Water Supply System as provided in Ordinance No 43 as amended by
Ordinance No 45 of the City of Livonia;
THEREFORE, BE IT RESOLVE) THAT the City Clerk shall make application
to the Municipal Finance Commission for an order granting the issuance and
sale of said bonds and for approval of the form of notice of sale,
RESOLVED FURTHER, that notic e of sale of said bonds shall be
published in the Michigan Investor of Detroit, Michigan, at least fourteen
(14) full days before the date of sale of said bonds,
RESOLVED FURTHER, that the notic e of sale of said bonds shall
be substantially the following form
NOTICE OF SALE
$1,500,000.00
CITY OF LIVONIA, COUNTY OF WAYNE,
MICHIGAN
WATER SUPPLY SYSTEM REVENUE BONDS, SERIES B
Sealed Bids for the purchase of Water Supply System Revenue Bonds, Series B,
of the par value of $1,500,000 00, to be issued by the City of Livonia, Wayne County,
Michigan, will be received by the undersigned a t the Municipal Building, 33001 Five
Mile Road, Livonia, Michigan, until 8.00 o'clock p m , Eastern Standard Time on
Wednesday, the 7th day of April, 1954, at which tine and place said bids will be
publicly opened and read
Said bonds will be dated April 1, 1954, will be coupon bonds of the de-
nomination of $1,000 00 each, will be numbered consecutively in the direct order of
their maturities from 1 to 1500, inclusive, will be registerable as to principal
only, and will bear interest from their date at a rate or rates not exceeding 4%
per annum, expressed in multiples of 1/4 of 1%. Said interest will be payable
September 1, 1954, and semi-annually thereafter on March 1st and September 1st of
each year The interest rate for each coupon period on any one bond will be at one
rate only Both principal and interest will be payable at Detroit gust Company,
Detroit, Michi gan Accrued interest to the date of deli very must be paid by the
purchaser at time of delivery.
The bonds will mature serially as follows•
$20,000 March 1st of each year from 1955 to 1957,inclusive;
$25,000 March 1st of each year from 1958 to 1964,inclusive,
$30,000 March 1st of each year from 1965 to 1968,inclusive;
$35,000 March 1st of each year from 1969 to 1972,inclusive;
$40,000 March 1st of each year from 1973 to 1976,inclusive,
$45,000 March 1st of each year from 1977 to 1979,inclusive;
$50,000 March 1st of each year from 1980 to 1982,inclusive;
$55,000 March 1st of each year from 1983 to 1986,inclusive;
$60,000 March 1, 1987;
Page 1411
$65,000 March 1, 1988,
$70,000 March 1st of each of the years 1989 and 1990,
$75,000 March 1, 1991.
Outstanding bonds of this issue may be called far redemption as a whole,
for the purpose of refunding on any interest payment date on or after March 1, 1962
Unless called as a whole, in accordance with the above provisions, bonds
numbered 1 to 655, inclusive, maturing in the years 1955 to 1976, inclusive, shall
not be subject to redemption prior to maturity
The right is reserved of redeeming bonds of this issue numbered 656 to 1500,
inclusive, maturing in the years 1977 to 1991, inclusive, in inverse numerical
order on any interest paynent date on or after March 1, 1963
Bonds called for redemption shall be redeemed at par and accrued interest
plus a premium as follows.
$45 00 on each bond called far redemption prior to March 1, 1964;
$40 00 on each bond called for redemption on or after March 1, 1964, but prior
to March 1, 1966,
$35.00 on each bond called for redemption on or after March 1, 1966, but prior
to March 1, 1968;
$30 00 on each bond called for redemption on or after March 1, 1968, but prior
to March 1, 1970,
$25 00 on each bond called for redemption on or after March 1, 1970, but prior
to March 1, 1972,
$20.00 on each bond called for redemption on or after March 1, 1972, but prior
to March 1, 1975;
$15 00 on each bond called for redemption on or after March 1, 1975, but prior
to March 1, 1978,
$10 00 on each bond called for redemption on or after March 1, 1978, but prior
to March 1, 1981,
$ 5.00 on each bond called for redemption on or after March 1, 1981, but prior
to March 1, 1984.
No uranium shall be paid on bonds called for redemption on or after March 1, 1984.
Thirty days ' notice of the call of any bonds for redemption shall be given by
publication in a paper circulated in the State of Michigan which carried, as part
of its regular service, notices of sale of municipal bonds, and in case of registered
bonds, thirty days' notice shall be given by mail to the registered address Bonds
so called for redemption shall not bear interest after the date fixed for redemption,
provided funds are on hand with the paying agent to redeem said bonds
The bonds are to be issued under Act 94, Public Acts of Michigan, 1933, as
amended, and Ordinance No. 43 as amended by Ordinance No 45 and Ordinance No 80
of the City of Livonia, for the purpose of paying the cost of the acquisition and
construction of extensions, additions and improvements to the Water SupplySystem
of the City. The bonds are not a general obligation of the City, but are payable
solely from the revenues of the Water Supply System of the City To secure such
payyment, a statutory first lien has been created on the whole of the net revenues
of such System
Additional bonds of equal standing with the bonds of this issue may be
issued, but only for the purposes and on the terms and conditions expressed in the
authorizing Ordinance
Page 1412
For the purpose of awarding the bonds, the interest cost of each bid will
be computed by determining, at the rate or rates specified therein, the total dollar
value of all interewt on the bonds from May 1, 1954, to their maturity and
deducting therefrom any premium The bonds will be awarded to the bidder whose bid
on the above computation produces the lowest int ere st cost to the City
Said bonds sre to be of equal standing and shall have equal security with
$1,660,000 00 Water Supply System Revenue Bonds of the City of Livonia dated February
1, 1952, authorized by Ordinance No 43 adopted on January 21, 1952, as amended by
Ordinance No 45 adopted on January 28, 1952, of which said issue of bonds
$1,640,000 00 are outstanding
A certified or cashier's check in the amount of $30,000 00 drawn upon an
incorporated bank or trust company, payable to the order of the Treasurer of the City
must accompany each bid as a guaranty of good faith on the part of the bidder, to be
forfeited as liquidated damages if such bid is accepted and the bidder fails to take
up and pay for the bonds No interest will be allowed on the good faith checks, and
checks of the unsuccessful bidders will be promptly returned to each bidder's re-
present ative or by registered mail
Bids shall be conditioned upon the unqualified opinion of Miller, Canfield,
Paddock and Stone, attorneys of Detroit, Michigan, approving the legality of the
bonds. The cost of such opinion and tie cost of printing the bonds will be paid by
the City Executed bonds will be delivered at Detroit, Michigan, or such other place
as may be designated by the purchaser of the bonds
The right is reserved to reject any or all bids
Envelopes containing thebids should be plainly narked "Proposal for Bonds "
City Clerk
The foregoing motion was seconded by Councilman Carey and a roll call vote was taken
thereon with the following result.
AYES• Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe
NAYS. Bower
President Wolfe declared that the foregoing resolution was duly adopted
By Councilman Carey, seconded by Councilman Grimm and unanimously adopted,
it was
#957 RESOLVED, that the letter from Howard L Richards dated March
20, 1954, pertaining to Arthur Collins, proprietor of Twin Gables Tavern
be placed on the table for further study
Page 1413
By Councilman Grimm, seconded by Councilman Taylor, it was
thi #958 RESOLVED that, pursuant to the recommendation of the Department of
Public Works dated March 8, 1954, the performance of Chris Nelsen and Son,
Inc., of its contract with the City of Livonia dated October 23, 1953 far
construction of storm sewer on Amrhein Road, is hereby accepted, and
payment of the balance due to said oo ntractor in the amount of $2,810 00
as stated in the final estimate of the City Engineer's report dated March
8, 1954 is hereby authorized
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Edgar, Grimm, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS. None
By CouncilmanEdgar, seconded by Councilman Grimm and unanimously adopted
it was
#959 RESOLVED, that the letter from Herald Hamill, City Engineer,
addressed to the Director of Public Works under date of March 22, 1954,
pertaining to final acceptance by the City of Livonia of the paving of
certain streets in Belaire Gardens Subdivision, was placed on the table
until such time as the work is completed and all other action taken as
recommended in Mr Hamill's letter
By Councilman Taylor, seconded by Councilman Grimm, it was
#960 RESOLVED, that the sum of $14,025 63 be appropriated from the
Unallocated Fund for payment of balance due Wayne County Treasurer on
Middle Rouge Drain tax
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Edgar, Grimm, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS. None
By Councilman Carey, seconded by Councilman Grimm, it was
#961 RESOLVED, that the sum of $7,000 00 be appropriated from the
Unallocated Fund to Punli c Inform3ti on Account to pay the cost of
printing the report entitled Livonia U S A
A roll call vote was taken on the foregoing resolution with the following result
AYES: Edgar, Grimm, White head, Carey, Taylor and Wolfe
NAYS Bower
By Councilman Carey, seconded by Councilman Taylor, it was
#962 RESOLVED, thatone copy of the report Livonia U S A be
delivered to each resident of the City of Livonia. that 2,000 copies
be reserved for future residents and that the balance of such copies
Page 1414
be distributed at a price of 55 cents per copy
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Edgar, Grimm, Sower, Whitehead, Carey, Taylor a•-d Wolfe
NAYS. None
By Councilman Bower, seconded by Councilman Grimm and unanimously adopted,
it was
#963 RESOLVED, that the Michigan Liquor Control Commission having
sent a communication to the Council received March 10, 1954, wherein it
appears that the Commission desired to inquire whether or not the Council
has any objections to theissuance of a new S D D license to Everett
Mason, 19262 Farmington Road, Livonia, Michigan and whe rein it is stated
that if no such objection is received within a period of twenty (20)
days, "it will be assumed by the Commission that the legislative body
does not object to the granting of a license to this applicant", the
Council does hereby approve the granting of such license
The City Clerk read a communication from the Mayor stating that he has
appointed Elmore McNiece as a member of the Civil Service Commission to serve the
unexpired term of Harry Burton, which letter was received and placed on file.
At 10 12 P M , President Wolfe asked Vice-President Edgar to take over
the Chair and thereupon Mr. Edgar accepted and presided over the meeting
Councilman Wolfe introduced the following Ordinance
NO
AN ORDINANCE EMENDING ORDINANCE NO 51 OF
THE CITY OF LIVONIA, KNOWN AND CITED AS THE
"BUILDING CODE OF THE CITY OF LIVONIA", BY
ADDING THERETO SECTIDNS 5 13 and 5 14
THE CITY OF LIVONIA ORDAINS.
Section 1. Ordinance No. 51 of the City of Livonia, known and cited as the
"Building Code of the City of Livonia", is hereby amended by adding thereto the
following sections.
Section 5.13. Affidavit as to debt service charges No permit
issued under the provisions of this ordinance until the applicant shall
have made and filed with the Register of Deeds forthe County of Wayne an
affidavit as herein provided or, in lieu thereof, shall have filed with
the Bureau of Inspection a certificate as hereinafter defined Such
affidavit shall contain a legal description of the land involved and
shall state whether or not such land is situated in an area or district
Page 1415
in which sewage disposal, sewer or water services and facilities have been
or are being financed by the sale of bonds under the Revenut Bond Act of
1933 and, if such financing has or is taking place, the amount of debt
service or other charges which have been or will be made under the provisions
of any ordinance adopted by theCity of Livonia pursuant to such Revenue Bond
Ac4 for the use of such services and facilities by any resident or occupant
of the building or buildings to be erected on such land under the permit for
which application has been made Said affidavit shall also show the zoning
classification of such land under Ordinance No 60, known as the "coning
Ordinance of the City of Livonia." In lieu of such affidavit, applicant
may obtain from the Department of Public Works or Water Supply System, a
certificate showing that there are no debt services or other charges as
above defined The Department of Public Works or Water Supply System shall
promptly issue such a certificate on request of any applicant Prior to
the issuance of a permit, the applicant shall either produce satisfactory
evidence to the Bureau of Inspection that an affidavit has been recorded
as above provided and shall file with the Bureau a true copy of such
affidavit, or he shall file with the Bureau the above authorized certificate
Section 5 14 Notice to purchaser. No permit shall be issued
under the provisions of this Ordinande unless the applicant shall agree that,
in the event the land involved is situated in an area or district in which
sewage disposal, sewer or water services and facilities have been or are
being financed by the sale of bonds under the Revenue Bond Act of 1933,
prior to the sale of such land and the building or buildings erected thereon
110 under the requested permit, notify in writing the purchaser of the existence
and amount of any debt services or other ch arges established or in the
process of being established by the ordinance of the City of Livonia
adopted pursuant to such Revenue Bond Act Failure to comply with such
agreement shall constitute a violation of this ordinance, punishable as
provided in Section 6 08 hereof
Section 2 All ordinances or tarts of ordinances in conflict with the
provisions of this ordinance are hereby repealed to the extent of such conflict.
Section 3 In the event any portion of this ordinance is held invalid
for any reason, then such holding shall not affect the remaining portion of this
ordinance
Section 4. After careful investigation, the City Council has found that
numerous sales of land and buildings thereon have been made without adequate notice
to the purchasers thereof that they will become obligated for the payment of debt
services and other charges under a city ordinance adopted pursuant to the Revenue
Bond Act of 1933, which debt services and other charges do not ordinarily appear in
the records of the Wayne County Register of Deeds or in any abstract or title in-
surance prepared from such records The Council further finds that the above
situation has created undue hardship and an injustice This present ordinance is
deemed necessary for the protection of public welfare and safety, and shall be
construed with that purpose in mind
Section 5. This ordinance is hereby declared to be immediately necessary
for the preservation of public safety and welfare, and shall become effective im-
mediately upon publication
Page 1416
A roll call vote was taken on the foregoing Ordinance with the following result
AYES- Edgar, Grimm, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS- None.
Vice-President Edgar stated that the foregoing Ordinance had been adopted and will
take effect on the date of publication which will be April 15, 1954
At 10:20 P. M., Vice-President Edgar turned the Chair back to President
Wolfe who thereafter presided over the meeting
By Councilman Grimm, seconded by Councilman Carey, it was
#964 RESOLVED, that the report of the Finance Committee for the
month of February, 1954, is hereby approved in all respects and a
summary of such report is hereby spread upon the minutes of this meeting
as follows
SUMMARY OF VOUCHERS
General, Administrative and Legislative.
Executive 43.95
Legislative 753 36
16 City Treasurer 657 82
City Clerk 293.42
Department of Law 219 98
Justice Court 62 39
Election Commission 352 25
Civil Service Commission 253 21
Travel & Education 1,301 00
Civil Defense 76.27
City Hall 938 87
Court House 160 93
City Planning Commission 313 18
Board of Review 23 10 $ 5,449 73
Department of Public Safety:
Police Department 3,189 92
Fire Departrsnt 2,048 08
Inspection Department 550.22 5,788 22
Department of Public Works 14,348 13 14,348.13
Department of Parks and Recreation 645 45 645 45
General Ledger Accounts:
Advances 52,786.92
Insurance 1,555.23
Contracts Payable 7,508 66
lis Inventory Accounts 1,774.80
Retirement Program 24,118.30
Reserve for Encumbrances 135 69
Refund on Building Permit Fee 3 50 87,883.10
TOTAL: $ 114,114 63
Page 1417
A roll call vote was taken on the foregoing resolutioh with the following result.
AYES. Edgar, Grimm, Bower, Whit ehead, Carey, Taylor and Wolfe
lir
NAYS. None
On motion of Councilman Grimm, seconded by Councilman Carey and unanimously
adopted, this 115th regular meeting of the Council of the City of Livonia was
adjourned to Tuesday, April 6, 1954 at 8:30 P M , the tine of this adjournment
being 10.22 P M
,)147
W Clark, City Clerk
Attested-
Ar
H=rry S. •lfe, President of the ouncil