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HomeMy WebLinkAboutCOUNCIL MINUTES 1987-09-21 SPECIAL 23621 ihmMINUTES OF THE TWO HUNDRED AND SECOND SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter 14 of the City Charter, the above meeting was held September 21 , 1987 at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at approximately 7.45 P.M. Roll was called with the following result. Present Robert E. McCann, Joan McCotter, Fernon P. Feenstra, Robert R. Bishop, Gerald Taylor, and Robert D. Bennett, Absent: Ron Ochala. Elected and appointed officials present: Robert F. Nash, City Clerk, Cathryn Kerby White, Assistant City Attorney and David N. Preston, Finance Director. On a motion by Councilman Taylor, seconded by Councilman Bennett, and lail unanimously adopted, it was #873-87 RESOLVED, that the Council does hereby amend and revise Council Resolution 716-87, adopted on August 10, 1987, so as to have the same read as follows: RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of the said Council , and pursuant to the provisions of Section 21 of 1909 PA 279, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 6 of Chapter IV and by adding a new Section 6.1 to Chapter V, which sections shall read as follows Chapter IV, Section 6. President. At the first regular meeting of the Council following each regular City Election, the Council shall elect one of its members as President to hold office until the next regular City election and until his successor has been duly elected. The President shall perform the duties of the Mayor when, on account of absence from the City, disability or otherwise, the Mayor is temporarily unable to perform the duties of his office. Whenever the President shall act as Mayor Pro Tem in excess of thirty (30) days, he shall receive such additional compensation as may be allowed by the Council . The L Mayor shall not receive any compensation for any continuous period of absence or disability on his part in excess of ninety (90) days. The President shall preside over the meetings of the Council and shall be entitled to vote. In the event of 23622 a vacancy occurring in the office of PresiJent, the Council shall elect one of its members to fill such vacancy. Chapter V, Section 6.1 Mayor - Vacancy. Whenever a vacancy occurs in the office of Mayor, the President of the Council shall serve as Mayor until such time as a new Mayor is elected, provided, that should the next ensuing election following the vacancy be a regular City election for the office of Mayor, the President of the Council shall serve the remainder of the unexpired term and the vacancy thus created on the Council shall be filled as provided elsewhere in this Charter. Whenever such vacancy in the office of Mayor shall occur not less than sixty (60) days prior to either the next regularly scheduled State primary election or City primary election for City offices other than Mayor, the President of the Council shall serve until the vacancy is filled by election and the Council shall order a special election to be held concurrently with either the next regular State election or the City election. The person elected at said special election shall hold the office of Mayor for the remainder of the unexpired term. A special primary election for the nomination of candidates for such vacancy shall be held concurrently with the regular City primary election prior to such election. The election and the primary election shall be in such a manner as is provided by this Charter and State law. When as a result of a vacancy in the office of Mayor, the Council President assumes the office of Mayor, he shall be vested with all of the powers and duties of Mayor, including the right of veto, and shall be entitled to be compensated at the same rate as provided for the Mayor. RESOLVED, further, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal , if adopted, now reads as follows. Chapter IV, Section 6. President. At the first regular meeting of the Council following each regular City Election, the Council shall elect one of its members as President to hold office until the next regular City election and until his successor has been duly elected The President shall perform the duties of the Mayor when, on account of absence from the City, disability or otherwise, the Mayor is temporarily unable to perform the duties of his office, and in case of vacancy in the office of Mayor, until such vacancy is filled by election. Whenever the President shall act as Mayor Pro Tem in excess of thirty (30) days, he shall receive such additional compensation as may be 101 allowed by the Council . The Mayor shall not receive any compensation for any continuous period of absence or disability on his part in excess of ninety (90) days. The President shall preside over the meetings of the Council and shall be entitled 23623 to vote In the event of a vacancy occurring in the office of President, the Council shall elect one of its members to fill such vacancy RESOLVED, FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment which provides that whenever a vacancy occurs in the office of Mayor, the President of the City Council shall serve as Mayor for the remainder of the unexpired term unless such vacancy occurs not less than sixty (60) days prior to either the next regularly scheduled State primary election or City primary election for offices other than for Mayor, in which event the vacancy shall be filled by a special election to be held concurrently with either the next State or City election, and the person elected shall serve as Mayor for the remainder of the unexpired term RESOLVED, FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law. RESOLVED, FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the regular City election to be held on Tuesday, November 3, 1987, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit. SHALL THE CHARTER BE AMENDED TO PROVIDE THAT WHENEVER A VACANCY OCCURS IN THE OFFICE OF MAYOR, THE PRESIDENT OF THE COUNCIL SHALL SERVE AS MAYOR FOR THE REMAINDER OF THE UNEXPIRED TERM UNLESS SUCH VACANCY OCCURS NOT LESS THAN SIXTY (60) DAYS PRIOR TO EITHER THE NEXT STATE PRIMARY ELECTION OR CITY PRIMARY ELECTION FOR OFFICES OTHER THAN MAYOR, IN WHICH EVENT THE VACANCY SHALL BE FILLED BY A SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH EITHER THE NEXT STATE OR CITY ELECTION, AND THE PERSON ELECTED SHALL SERVE AS MAYOR FOR THE REMAINDER OF THE UNEXPIRED TERM? YES NO 23624 ImiRESOLVED, FURTHER, that the proposed amendment shall be published in full , together with the existing Charter provision altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten days prior to said regular City election to be held on Tuesday, November 3, 1987. RESOLVED, FURTHER, that the City Clerk be and is hereby ordered and directed to post within the machine booths and in the polling places in which said election is conducted a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #874-87 RESOLVED, that the Council does hereby amend and revise Council Resolution 50-87 so as to reschedule the Regular Meeting 111, originally scheduled to be conducted Wednesday, October 14, 1987 at 8:00 P.M. to Monday, October 12, 1987 at 8:00 P.M. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, this 202nd Special Meeting of the Council of the City of Livonia was duly adjourned at 7 53 P M. , September 21 , 1987. -A-) Robek_F Nash, City k Ibe