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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-02-07 SPECIAL 12736 MINUTES OF THE ONE HUNDRED FORTIETH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held February 7, 1972, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approx- imately 8:00 P. M.. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Robert E. McCann, Jerry Raymond, Edward G. Milligan and Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor, Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; Dan Gilmartin, Industrial Coordinator, and Jack Dodge, Budget Director. By Councilman Milligan, seconded by Councilman Bennett, it was #127-72 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 Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Sections 7 and 10 of Chapter V and by adding a new Section 17 to Chapter V, which changed sections and new section shall read as follows. Chapter V, Section 7. Powers and Duties of Clerk. (a) The Clerk shall be clerk of the Council and shall attend all meetings of the Council and keep a permanent journal of its proceedings in the English language; (b) He shall keep a record of all ordinances, resolutions, and actions of the Council; (c) He shall have power to administer all oaths required by State Law, this Charter, and the ordinances of the City; (d) He shall be custodian of the City seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the name, (e) He shall be custodian of all papers, documents, and records pertaining to the City of Livonia, the custody of which is not otherwise provided for by this Charter; 12737 (f) He shall give the proper officials of the City ample notice of the expiration or termination of any official bonds, franchises, contracts or agreements; (g) He shall examine and audit all accounts and claims against the City, (h) He shall issue and sign all licenses granted after the license fee has been paid to the City Treasurer, and shall register the same, (i) He shall possess and exercise the powers of a township clerk so fax as the same are required to be performed within the City; (j) He shall certify by his signature all ordinances and resolu- tions enacted or passed by the Council, (k) He shall perform such other duties as are required of him by State or Federal Law, this Charter, the Council or the ordinances of the City. Chapter V, Section 10. Administrative De•artments. The follow- ing administrative departments are hereby established: 1. Department of Public Safety 2. Department of Public Works 3. Department of Assessment 4, Department of Law 5. Department of Parks and Recreation 6. Department of Civil Service 7. Department of Finance The Council may create or abolish a Department of Health, and such other departments, boards, commissions or agencies as it may deem necessary in conformity with Law and the provisions of this Charter. The Mayor, with the approval of the Council, may combine any administrative offices in any manner not inconsistent with State Law, and may thereafter separate any offices thus combined, except that the Department of Civil Service shall not be combin- ed with any other department, office or board. Chapter V, Section 17. Department of Finance. (a) Department of Finance Management and Control. The depart- ment of finance shall be under the general management and control of a Director of Finance, who, with the consent of the Mayor, shall establish such divisions within his department as shall be necessary to carry on the functions of the department efficiently and adequately. The Director of Finance shall be the appointing authority for his department. Each division head shall be under the direction of and directly responsible to the Director of Finance. The functions of the department of finance shall include: 12738 (1) Supervision over the administration of the financial affairs of the City; (2) The keeping of accounts and financial records of the City and all departments and agencies of the City government; (3) Supervision and responsibility for the purchase, custody and distribution of all the supplies, materials, equip- ment and other articles used by any office, department or agency of the City government. (4) The preparation of the annual budget for the Mayor. The Director of Finance shall have the authority to do all things that are necessary and incidental to carrying out the functions of the department of finance. (b) Director. The Director of Finance shall be responsible for and shall be required to: (1) Submit to the Mayor and the Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; (2) Prepare for the Mayor and the Council within sixty (60) days after the close of each fiscal year a complete finan- cial statement and report; (3) Provide for the examination and approval of all contracts, orders and other documents by which the City government incurs financial obligation, having previously ascertained that monies have been appropriated and allotted and will be available when the obligation shall become due and payable; (4) Keep a system of accounts which shall conform to such uniform system as may be required by law; (5) He shall perform such other duties as may be prescribed by him by State Law, this Charter, the ordinances of the City, or by the Mayor. RESOLVED FURTHER, that the provisions of the existing sections of the Charter of the City of Livonia which is altered, abrogated or affected by these proposals, if adopted, now reads as follows: Chapter V, Section 7. Powers and Duties of Clerk. (a) The Clerk shall be clerk of the Council and shall attend all meetings of the Council and keep a permanent journal of its proceedings in the English language; 12739 (b) He shall keep a record of all ordinances, resolutions, and actions of the Council; (c) He shall have power to administer all oaths required by State Law, this Charter, and the ordinances of the City; (d) He shall be custodian of the City seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the name; (e) He shall be custodian of all papers, documents, and records pertaining to the City of Livonia, the custody of which is not otherwise provided for by this Charter; (f) He shall give the proper officials of the City ample notice of the expiration or termination of any official bonds, franchises, contracts, or agreements; (g) He shall examine and audit all accounts and claims against the City; (h) He shall be the general accountant of the City and shall keep the books of account of the assets, receipts, and expenditures of the City; (i) He shall issue and sign all licenses granted after the license fee has been paid to the City Treasurer, and shall register the same; (j) He shall possess and exercise the powers of a township clerk so far as the same are required to be performed within the City; (k) He shall certify by his signature all ordinances and resolu- tions enacted or passed by the Council; (1) He shall perform such other duties as are required of him by State or Federal law, this Charter, the Council or the ordi- nances of the City. Chapter V, Section 10. Administrative Departments. The follow- ing administrative departments are hereby established: 1. Department of Public Safety 2. Department of Public Works 3. Department of Assessment 4. Department of Law 5. Department of Parks and Recreation 6. Department of Civil Service 12740 The Council may create or abolish a Department of Health, and such other departments, boards, commissions or agencies as it may deem necessary in conformity with Law and the provisions of this Charter. The Mayor, with the approval of the Council, may combine any administrative offices in any manner not inconsistent with State Law, and may thereafter separate any offices thus combined, except that the Department of Civil Service shall not be combined with any other department, office or board. RESOLVED FURTHER, that the purpose of the proposed amendments shall be designated on the ballot as follows: City Charter amendments to Sections 7 and 10 of Chapter V and adding a new Section 17 which would establish a Depart- ment of Finance, provide for its duties and those of its Director, and amend all portions of the subject Charter in conformity therewith. RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendments to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendments to the Attorney General of the State of Michigan for his approval as provided by law. RESOLVED FURTHER, that the proposed Charter amendments shall be and the same is ordered to be submitted to the qualified electors of the City at the Special City Election to be held on May 16, 1972 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 amendments to the vote of the electors as required by law. RESOLVED FURTHER, that the proposed amendments shall be submitted to the electors in the following form to wit: PROPOSITION 1: Shall Chapter 5 of the charter be amended by adding to Section 10 and by adding a new section 17 to establish a department of finance under the control of a director of finance and to designate the functions of the department of finance? Yes [_:__1 No / / PROPOSITION 2: Shall Chapter 5, Section 7 of the city charter be amended to transfer the functions of general city accountant to the finance director if and only if the charter is amended to establish a department of finance? Yes f J No LrJ 12741 RESOLVED FURTHER, that the proposed amendments shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Special City Election to be held May 16, 1972 • 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 amendments and to post and publish such other notices or copies of the proposed amendments pertaining to the submission of said amendments in said election as may be required by law and to do and perform all neces- sary acts in connection with such election as may be required by law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, McCann, Ventura, Brown, Milligan, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #128-72 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 Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter by amended by changing Sections 2 and 4 of Chapter V, which changed sections shall read as follows: Chapter V, Section 2. Election; Appointment, Terms. The Mayor, City Clerk and two (2) Constables shall be selected by election from the City at large. Said elective officers shall be elected at each regular City election. The term of office of all of the elective administrative officers shall be for two (2) years com- mencing on the first Monday following the City election at which they are elected and ending when their respective successors have been duly elected and qualified, except that the first officers elected under this Charter shall hold their offices for a term commencing on the first Monday following the election to adopt or reject this Charter and ending when their respective succes- sors have been duly elected and qualified at the regular City election held in 1952. The City Treasurer and all other appoin- tive officers and members of boards and commissions, unless otherwise provided in this Charter, shall be appointed by the Mayor. The Council may by ordinance provide for the appointment of not more than two (2) additional Constables. Each appointive officer or member of any board or commission, unless otherwise provided in this Charter, shall hold office at the pleasure of the official or body appointing him. 12742 Chapter V, Section 4. Compensation. The compensation of the Mayor for each term of office shall be that sum per annum which is equal to the amount established in the Compensation Plan for the highest paid employee in the classified service at a time sixty-five (65) days preceding each primary election. The com- pensation of the City Clerk shall be Seven Thousand, Two Hundred Dollars ($7,200.00) per annum. The compensation of the City Treasurer shall be established by the City Council by Ordinance. Except as otherwise provided by law or this Charter, the salary and compensation of every other administrative officer shall be fixed by the Council. Such salaries shall be payable monthly, and, except as otherwise provided in this Charter, shall consti- tute the only salary or remuneration which may be paid for services. RESOLVED FURTHER, that the provisions of the existing sections of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows • Chapter V, Section 2, Election, Apointment; Terms. The Mayor, City Treasurer, City Clerk and two (2) Constables shall be selected by election from the City at large. Said elective officers shall be elected at each regular City election. The term of office of all the elective administrative officers shall be for two (2) years commencing on the first Monday following the City election at which they are elected and ending when their respective suc- cessors have been duly elected and qualified, except that the first officers elected under this Charter shall hold their offices for a term commencing on the first Monday following the election to adopt or reject this Charter and ending when their respective successors have been duly elected and qualified at the regular City election held in 1952. All other appointive officers and members of boards and commissions unless otherwise provided in this Charter, shall be appointed by the mayor. The Council may by ordinance provide for the appointment of not more than two (2) additional Constables. Each appointive officer or member of any board or commission, unless otherwise provided in this Charter, shall hold office at the pleasure of the official or body appoint- ing him. Chapter V, Section 4. Compensation. The Compensation of the Mayor for each term of office shall be that sum per annum which is equal to the amount established in the Compensation Plan for the highest paid employee in the classified service at a time sixty- five (65) days preceding each primary election. The compensation of the City Treasurer shall be Six Thousand, Six Hundred Dollars ($6,600.00) per annum, and that of the City Clerk shall be Seven Thousand, Two Hundred Dollars ($7,200.00) per annum. Except as otherwise provided by law or this Charter, the salary and com- pensation of every other administrative officer shall be fixed by the Council. Such salaries shall be payable monthly, and, except as otherwise provided in this Charter, shall constitute the only salary or remuneration which may be paid for services. 12743 RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows: City Charter amendments to Sections 2 and 4 of Chapter V which would provide that the office of City Treasurer be appointive,and would delete the specific compensation for the Treasurer now provided. RESOLVED FURTHER, that the City Clerk shall forwith transmit a copy of the proposed amendments to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendments to the Attorney General of the State of Michigan for his approval as provided by law. RESOLVED FURTHER, that the proposed Charter amendments shall be and the same is ordered to be submitted to the qualified electors of the City at the Special City Election to be held on May 16, 1972 , 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 amendments to the vote of the electors as required by law. RESOLVED FURTHER, that the proposed amendments shall be submitted to the electors in the following form to wit: PROPOSITION 1: Shall Chapter 5,Section 2be amended to change the method of selection of the treasurer from an elective office to an office appointed by the Mayor? Yes / / No J / PROPOSITION 2: Shall the provision of Chapter 5, Section 4 specifying the compensation of the treasurer be deleted and the compensation of the treasurer provided by the Council by ordinance in the event, and only in the event, that the charter is amended to provide for an appointive treasurer? Yes / / No JJ RESOLVED FURTHER, that the proposed amendments shall be published in fq11 , together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Special City Election to be held on May 16, 1972 • 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 amendments and to post and publish such other notices or copies of the proposed amendments pertaining to the submission of said amendments 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. 166 12744 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, McCann, Ventura, Brown, Milligan, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Brown, it was #129-72 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 Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 of Chapter VIII, which changed section shall read as follows: Chapter VIII, Section 1. Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one- half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to ex- ceed 1/10 (one-tenth) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforce- ment personnel, equipment, supplies and facilities of the City; provided, further, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1972, in an amount not to exceed one-twentieth (1/20) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing revenues to acquire, develop, maintain and operate City parks, playground, athletic fields and recreational facilities and equipment. 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 VIII, Section 1. Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one- half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed 1/10 (one-tenth) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City. 12745 RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows: City Charter amendment to Chapter VIII, Section 1, which would authorize the City to levy and collect each year, com- mencing on December 1, 1972, a tax not to exceed one- twentieth (1/20) of one (1) per centum for the sole and ex- clusive purpose of providing revenues to acquire, develop, maintain and operate City parks, playgrounds, athletic field and recreational facilities and equipment. 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 Special City Election to be held on May 16, 1972 , 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 Chapter VIII, Section 1, be amended so as to authorize the City to levy and collect each year, com- mencing on December 1, 1972, a tax not to exceed one- twentieth (1/20) of one (1) per centum for the sole and exclusive purpose of providing revenues to acquire, develop, maintain and operate City parks, playgrounds, athletic field and recreational facilities and equipment? Yes ="7 No ,C=75 RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten days prior to said Special City Election to be held on Na 16, 1972 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. 12746 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, McCann, Ventura, Brown, Milligan, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, this 140th Special Meeting of the Council of the City of Livonia was duly adjourned at 8:30 p. m., February 7, 1972. ADDISON W. BACO I •' ty C erk.