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HomeMy WebLinkAboutCOUNCIL MINUTES 1954-05-10 Page 1475 MINUTES OF THE ONE HUNDRED EIGHTEENTH REGULAR MEETING 111 OF THE COUNCIL OF THE CITY OF LIVONIA On May 10, 1954, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order at approximately 8:08 P. M., by the President of the Council, John T Daugherty Roll was called with the following result: Present-- John T Daugherty, David Jones, Harry Killam, Rudolf R Kleinert, John W Whitehead, Nettie Carey and Wilson W. Edgar Absent-- None. The minutes of the 117th regular meeting held April 26, 1954, and the adjourned 117th regular meeting held May 3, 1954, were read and approved The City Clerk, Marie W Clark, read the following letter from Mayor Hartom dated May 10, 1954, regarding Sewer Special Assessment District No. 4: "You are all aware that sewers are our Number One problem Two areas of the City, have subdivisions with serious sanitation and drainage problems. The City has taken the necessary steps to build sewers to serve those areas, including the setting up of a special assessment area to pay for the con- struction of the sewers. "You are also aware that a group of residents of that assessment area ob- jected to the method of arriving at the assessments on their property, and have obtained an injunction against the City, which stopped the City from going ahead with the project. "Probably close to 70% of my time, since taking office, has been spent in conferences and studies in an attempt to find a way to furnish the necessary sewage facilities to these areas and to get the litigation out of the courts. "Law suits are costly and time-consuming, with no one winning except the attorneys. If the present litigation goes to trial, it is obvious that the City will be unable to proceed with its duty to take care of the health hazard, until the courts have decided the issue The City Attorney and the Attorney for the Plaintiffs, advise me that this case could take well over a year to finally settle. The Plaintiffs Attorney stated that if they should lose in Circuit Court, they will appeal to the Supreme Court. "It is apparent, that the first step to get sewers where they are. needed, is to get the litigation settled immediately. In order to do this, I have had a resolution prepared by the pity Attorney in conjunction with the Attorneys for the Plaintiffs, which I recommend this Council adopt Adoption of the resolution will in effect mean that the Plaintiffs have no case and the City will be able to get on with its work. Page 1476 "It is difficult indeed, to talk to an engineer in terms of speeding up the work process when in fact the City is legally stopped from proceeding You can materially assist me in this Number One City project of getting drainage and sewers to our people by adopting the p ropo sed resolution." By Councilman Jones, seconded by Councilman Killam, it was resolved that #1465 WHEREAS, this Honorable Council under Resolutions No. 542, 571, 632, as heretofore approved and set up plans far the construction of a combined drainage and sanitary sewer system in an area designated as Sewer District No. 3, City of Livonia, and WHEREAS, this Council for the purpose of defraying the cost of said combined drainage and sanitary sewerage system, has heretofore by Resolution No 632, established a district known as Special Sewer Assess- ment District No. 4, City of Livonia, and WHEREAS, a special assessment roll for said Special Sewer Assess- ment District No 4, has been prepared by the City Assessor and adopted by Resolution No. 642, 705, 706, of this Council, and WHEREAS, payments have been made to the City of Livonia Treasurer, by some of the persons owning property and assessed in the Special Sewer Assessment District No. 4, because of said roll, and WHEREAS, a suit has been commenced in the Circuit Court for the County of Wayne, being case No 512,981, praying that the Special Sewer Assessment District No. 4, be set aside and said assessment roll cancelled and held for nought, and that an injunction issue restraining the City of Livonia from proceeding with the construction of said sewers, including the trunk lines, arms and laterals in Sewer District No. 3, on the grounds that the method of assessment was and is illegal, invalid, unconstitutional and arbitrary; and a temporary restraining order having been entered re- straining the City of Livonia from proceeding further with the financing of the construction of said sewers, and WHEREAS, this Honorable City Council is now desirous of clearing the way for the introduction and adoption of a new plan for drainage and sanitary sewer construction, based on an equitable and fair method of assessment, and WHEREAS, this Council is desirous of cancelling and holding for nought all resolutions previously passed for the construction and financing of sewers to be constructed in Sewer District No. 3, in the City of Livonia, and WHEREAS, this Council is desirous of dissolving Special Sewer Assessment District No. 4, and cancelling and hold for nought the Special Assessment roll heretofore adopted for the assessment of persons and property in said district and is further desirous of refunding money hertofore paid to the City of Livonia by reason of said special assessment roll, NOW BE IT HEREBY RESOLVED: 1. That the special Assessment roll heretofore adopted by Resolution No.642, 705, 706, pertaining to assessment in Special Sewer Assessment District No.4, City of Livonia, be hereby rescinded, cancelled and held for nought. 2. That the resolutions 632, 706, establishing Special Sewer Assessment District No. 4, be and same is hereby rescinded and Special Assessment District is and the same is hereby dissolved '` 3. That the City Treasurer be directed to refund all sums of money hereto- fore paid or which shall hereafter be paid, because of assessments levied under said special assessment rolls. Page 1477 4 That resolutions No. 542, 571 , 632, pertaining to the building and financing of combined storm and sanitary sewers in Sewer District No. 3 in the City of Livonia, be and the same are hereby rescinded and held for nought. 5 That any bids or contracts for the construction of said sewers hereto— fore received by the City of Livonia be rejected and any certified checks received as a result of said bid, be returned to the said bidder and the purported sale of the bonds for the financing of said sewers to the Braun, Bosworth Co. and Associates, be vacated and set aside and held for nought. After much discussion the following resolution was presented By Councilman Kleinert, seconded by Councilman Jones, it was #1466 RESOLVED, that the foregoing question be put to a vote. A roll call vote was taken on the faregoing resolution with the following result: AIRS. Jones, Killam, Kleinert and Daugherty NAYS: Whitehead, Carey and Edgar. The President declared the resolution was adopted. A roll call vote was taken on the preceding resolution #1465 with the following result: ror- AYES: Jones, Killam, Kleinert and Daugherty. r.. NAYS: Whitehead, Carey and Edgar. The President declared the resolution was adopted City Clerk, Marie W. Clark, read recommendation of City Attorney regarding a resolution for discontinuation of appeal of Jacoby vs. City of Livonia By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #1467 RESOLVED, that the recommendation of Russell C Ashmore, City Attorney, regarding Jacoby vs. City of Livonia , Wayne Chancery 508,989, read by the City Clerk, be received and placed on file. By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #1468 RESOLVED, that the report of the Library Committee be received and placed on file. Councilman Whitehead requested that either the Department of Public Works r.. or the Department of Public Safety be made responsible for the Dog Pound The City Clerk was requested to ask the Director of Public Safety and the Superintendent of Page 1478 Public Works for reports to be submitted at the next meeting. The City Clerk, Marie W Clark, read the following resolution introduced by Councilman Kleinert at the 117th meeting of the Council. RESOLVED, that any and all funds standing to the credit of the City of Livonia in the National Bank of Detroit or t he Bank of Livonia may be paid out or withdrawn upon checks, drafts, orders or other instruments for the payment of money, when signed by any one of the following:- Carl J Wagenschutz, Treasurer Blanche Martin Deputy Treasurer whose signatures shall be duly certified to the National Bank of Detroit and the Bank of Livonia and those depositories are hereby authorized to honor and pay any and all checks, drafts, entices and orders so signed, without inquiry as to the circumstances of issue or the disposition of the proceeds thereof, whether drawn to the individual order, or tendered in payment of individual obligations, or for deposit to the individual accounts of the officials above named or other officials of this City, or otherwise That this resolution and the authority hereby conferred shall remain in full force and effect until notice to the contrary in writing shall be received by the National Bank of Detrait or the Bank of Livonia, and that the City Clerk is hereby directed and authorized to certify this resolution to those depositories under the seal of the City, or without such seal, and with like effect in either case. It was moved by Councilman Kleinert that the foregoing resolution be adopted After much discussion, Councilman Kleinert's motion was lost for lack of support. Mr. John H. Nunneley of Miller, Canfield, Paddock and Stone, appeared before the Council regarding the case of John T Daugherty vs. City of Livonia, Wayne Chancery No. 512,981; and Mr. Cohen, attorney for Councilman Daugherty, likewise was present, at which time Mr. Cohen stated that William 0. Remaley has substituted as plaintiff for Mr Daugherty in Case No. 512,981. At this time, Councilman Edgar challenged the vote of President Daugherty on resolution dissolving Sewer Special Assessment District No. 4. President Daugherty asked "Un what authority do you base your challenge" and Mr Edgar stated that he would answer that question later. By Councilman Killam, seconded by Councilman Jones, it was #1469 RESOLVED, that the retainer of the law firm of Miller, Canfield, Paddock and Stone in the Chancery proceedings in the Wayne Circuit Court entitled John T Daugherty, et al, vs City of Livonia, No. 512,981, be discontinued forthwith and the said law firm instructed to turn over the Page 1479 matter together with all records and papers pertaining thereto to Russell C Ashmore, City Attorney, and said law firm to render final bill for services therein. Iw.. A roll call vote was taken on the foregoing resolution with the following result: AYES• Jones, Killam, Kleinert and Daugherty. NAYS: Whitehead, Carey and Edgar The President declared the foregoing resolution was adopted At this time, Councilman Edgar again challenged the vote of President Daugherty pursuant to Section 9, Chapter IV of the Charter, and asked that such challenge become a part of the minutes. By Councilman Edgar, seconded by Councilman Kleinert, it was #1470 RESOLVED, that the above resolution be amended to state that the services of Miller, Canfield, Paddock and Stone are being dissolved without prejudice in the foregoing matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Edgar and Daugherty wma NAYS: Whitehead and Carey. The President declared the foregoing resolution was adopted A recess was called at 9:40 P. M. The meeting resumed at 10:00 P. M., with all members present who were named as present in the original roll call of the meeting. City Clerk, Marie W. Clark, read a letter from Mayor Hartom regarding building fee paid under protest by Clarenceville Public Schools By Councilman Jones, seconded by Councilman Carey and unanimously adopted, it was #1471 RESOLVED, that the Mayor's recomme ndation be rejected and that the Inspection Bureau bill the school district for delinquent fees and that the Clerk send Clarenceville Schools a letter of explanation. City Clerk, Marie W. Clark, read a petition from the Grandon Woods Civic Association received April 29, 1954, for installation of curbs and gutters on Grandon Avenue. Page 1480 By Councilman Kleinert, seconded by Councilman Jones and unanimously adopted, it was simm #1472 RESOLVED, that the petition of the Grandon Woods Civic Association for installation of curbs and gutters on Grandon Avenue be tabled until the first regular meeting in June, 1954, which is Monday, the 14th. City Clerk, Marie W Clark, read petition received May 6, 1954, from Gerald T Harris for traffic light at Stark and Plymouth Roads, with 75 signatures. By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted, it was #1473 RESOLVED, that the petition of Gerald Harris for traffic light at Stark and Plymouth Roads be tabled pending a report from Mayor Hartom By Councilman Jones, seconded by Councilman Kleinert and unanimously adopted, it was #1474 RESOLVED, that the resignation of Mayor Hartom from the Board of Water Commissioners be accepted. The City Clerk, Marie W. Clark, read letters of Mayor Hartom appointing am. Edwin J. Best and William 0. Remaley to the Board of Water Commissioners. By Councilman Killam, seconded by Councilman Jones and unanimously adopted, it was #1475 RESOLVED, that the appointment of Edwin J Best to the Board of Water Commissioners to fill the unexpired term of Mayor Hartom beginning from the current date to July 6, 1956, be approved. By Councilman Killam, seconded by Councilman Jones, it was #1476 RESOLVED, that the appointment of William 0. Remaley to the B oard of Water Commissioners to fill a term which expires July 6, 1954, be approved. During the discussion, President Daugherty relinquished the chair to Vice President Kleinert A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert, Carey and Daugherty. NAYS: Whitehead and Edgar. The Vice President declared that the motion was adopted Page 1481 Mr Daugherty resumed the chair at 10:57 P. M. By Councilman Edgar, seconded by Councilman Killam and unanimously adopted, Um= it was #1477 RESOLVED, that the Michigan Liquor Control Commission having sent a communication to the Council received May 5, 1954, wherein it appears that the Commission desired to inquire whether or not the Council has any objections to the issuance of a new SDD license to Joseph Bargagna and William H Brown, 28287 Plymouth Road, Livonia, Michigan, and wherein it is stated that if no 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 By Councilman Kleinert, seconded by Councilman Carey and unanimously adopted, it was #1478 RESOLVED, that the proposal from T H Brehm Co. Inc., dated April 29, 1954, regarding air conditioning for the City Hall, be tabled By Councilman Edgar, seconded by Councilman Jones and unanimously adopted, it was #1479 RESOLVED, that the report and recommendations of the City Planning Commission dated May 3, 1954 on Petition No. Z-49 of Don and Ruby F. Waldock for change of zoning classification is hereby approved and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this reso lutio n By Councilman Whitehead, seconded by Councilman Carey and unanimously adopted, it was #1480 RESOLVED, that the report and recd mend atio ns of the City Planning Cotmi.ssion dated May 3, 1954 on Petition No. Z-50 of Walter Beglinger for change of zoning classification is hereby approved and the City Attorney is directed to prepare an amendment to the Zoning Ordinance in accordance with this resolution The City Clerk, Marie W. Clark, read a letter dated May 5, 1954, from the City Planning Commission requesting a joint meeting with the Council. It was agreed by the meabe r s of the Council that they have a joint meeting with the Planning Commission on Tuesday, May 18, 1954, at 9.00 P M , and that the City Clerk notify the Planning Commission of the Council 's actions and further, that the Secretary of the City Planning Commission so notify all people concerned of above meeting. Page 1482 By Councilman Edgar, seconded by Councilman Carey, it was #1481 RESOLVED, that the City Clerk be authorized to purchase three Shoup Voting machines for the use of the City and that $5,000.00 be appropriated from the Unallocated Fund for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jones, Killam, Kleinert,Whitehead, Carey, Edgar and Daugherty NAYS. None By Councilman Killam, seconded by Councilman Jones, it was #1482 RESOLVED, that $500.00 be appropriated from the Unallocated Fund for the purchase of chairs and pads for the Jury Box at the Court House A roll call vote was taken on the foregoing resolution with the following result: AYES- Jones, Killam, Kleinert, Whitehead, Carey, Edgar and Daugherty NAYS: None. By Councilman Whitehead, seconded by Councilman Jones and unanimously adopted, this 118th regular meeting of the Council was adjourned, the time of the adjournment being approximately 11:32 P M., May 10, 1954 r.. The undersigned, Marie W Clark, City Clerk, does hereby certify that the foregoing is an accurate and complete summary of the proceedings at the 118th regular meeting of the Council of the City of Livonia, held on May 10, 1954, but, because the vote taken on some of the resolutions mentioned in such summary was not in accordance with the Charter of the City of Livonia and the rules of the Council, particularly including Cushings Manual of Parliamentary Practice, I do not certify such resolutions numbered 1465, 1466 and 1469, as lawful actions of the Council. Attes1111 Mar - W. .= k, City Clerk Jo Naugherty, Preside Vf the Co. •cil /0" • Zee Jo Rudolf R I Kleinert, Vice President of the Council