HomeMy WebLinkAboutCOUNCIL MINUTES 1953-12-03 r
Page 1295
MINUTES OF THE ADJOURNED ONE ?iUNDRED SEVENTH REGULAR
1TING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 3, 1953, 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, Raymond E Grimm, Harold Bower, John W.
Whitehead, Nettie Carey and William J Taylor Absent, Wilson W Edgar
By Ccuneilman Taylor, seconded bi. Councilman Whitehead and unanimously
adopted, it was
#790 RESOLVED, that the hour of 8.30 P M having arrived, the
City Clerk oven and read all sealed bids received for 41,660,000.00
City of Livonia Special Assessment Sewer Bonds (Sewer Special Assess-
ment District #4) and 4625,000 00 City of Livonia General Obligaticn
Sewer Bonds (City Portion -- Sewer Special Assessment District #4).
IIIThe City Clerk thereupon opened and read the following sealed bids.
On $1,660,000 City of Livonia Soecial As'-essment Sewer Bonds
(Sewer Special ,,saessment District #4)
Bid of Braun, Bosworth & Co and ",ssociates accompanied by certified
check in the amount of $30,000.00 and providing for an interest rate of 3 885
Bid of Siler & Companj and Central `republic Co , accompanied by
certified check in the amount of $30,000.00 and providing fo- an interest rate
of 3 74572.
On 4625,000 City of Livonia General Obligation Sewer Bonds (City Portion--
Sewer Special Assessment District #4)
Bid of Braun, Bosworth & Co and Associates accompanied by certified
check in the amount of $12,000.00 and providing for an interest rate of 3 1/2 %
Bid of Siler and Company, and (,entral Republic acccmpanied by certified
check in the amount of $12,000.00 and prcviding for an interest rate of 3 3/4 %
Bid o{' K K Martin accompanied by certifier, check in the amount of
412,000.00 and providing for an interest rate of 3 3/4 %
President Wolfe, with the consent of all members present, referred the
IIIforegoing bids to Mr Louis Schimmel, bond consultant, and Mr Stratton S Brown
of Miller, Canfield, Paddock and Store, bond atte"neys, for their rep^rt and
recommendations Such recommenda+ions were made and considered by the Council.
Page 1296
By Councilman Whitehead, supported by (,ouncilman Taylor, it was
IIIresolved that
#791 WHEREAS- December 3, 1953, at 8:30 o'clock p m , is the
time fixed for the opening of sealed bids for the purchase of Special
Assessment Sewer Bonds of the par vague of $1,660,000 00 of the City
of l.ivonia, to be dated December 1, 1953'
AND WHEREAS, said bids have been publicly opened and read
by the City Clerk;
AND WHEREAS, said bids are as follows
Name of Bidder Maturity Interest Rate Premium Discount
1 Braun, Bosworth & Co 1955 4 % - at 98%
and Associates 1956 2-1/2 %
1957 - 1958 2-3/4 %
1959 - 1961 3 %
1962 - 1969 3-1/4 %
Interest Ccst 1970 - 1974 3-1/2 % Average int 3 4885
$621,774.94
2. Siler & Company and 1955 4 %
Central Republic Co, 1956 2-1/2 %
III
1957 2-3/4 %
1958-1960 3 %
1961-1963 3-1/4 %
1964-1966 3-1/2 %
1967-1974 3-3/4
Inter_st Cost $667,613.64 Average int 3 74572
AND WHEREAS, the bid of Braun, Bosworth and Co and Associates
has been determined to produce the lowest interest cost to the City;
NOW THER:WIRE EC IT RESOLVED that said Special Assessment
Sewer Bonds of the par value of :4)1,660,000 00 of the City of Livonia,
to be dated December 1, 1953, be awarded to said Braun, Bosworth &
Company and Associates
RESOLVED FURmfiEP tha tr e City C.ee-k shall return the good
faith checks of unsuccessful bidders to each bidder's representative
present upon proper receipt or by registered mail
A roll call vote was taken on the foregoing resolution with the following result.
AYES Gri,mrp Bower, '.Th±tehead, Carey, Taylcr and Wolfe
NAYS None
111 By Councilman Carey, supported bv Coy.ncilman Bower, it was
resolved that
Page 1297
#792 tnHER:-.A3 ,,
III fixed 0 Decenber 3, 1953, at 8:30 o'clock
time f' f'or the opening 1 d bids for the purchase
Obz'ofixe Sor rt Bonds of sea e P m , is the
Obinga five Tho, (City Portion) of the aluofSix undyed
T bent usand Dollars o nay value of Hundred
dated December 1, 1953, ( gib~S,OUO 00) of the Ci;,y of Livonia,
b ANDerk, ,AS, said bids have been publicly Y the ('ity Clerk,
Y opened and read
AND WHEREAS, bids are as follows.
Name of Bidder
Matur_ Int
,I.
l -________,I.--- erest Rate
Braun, csworth & Co �'r—mum
and . ssociates 3-1/2
125 00
Average Interest Cosnterst Cos', $266,691.58
3 t�9..35 %
2 Slier and Comnan
y and Central e ubli c Z 955 - 19644
965 - 1974 3-3/4 % 82.00
Interest Cost p289,651 25
Average Interest Co
3 79953 %
• K K r?:-trtin
1955 1970
1971 -- 1973 3--3/4 % 130 17
197.4 3-1/4 %
Average In ,east Cost 3 83
Total Interest Cost $292 199.00
AND WaREAS, the bid of B„
Associateshasbeen determined to produce Bosworth & Company and
to the Cit- ,
the lowest interest cost
NOW THEREFORE BE IT RESOLVED
Sewer Fords (City portionthat said Cene rte,
ve Thousand ) of the par value of �HundredOTwenty-
Five y-
Dollars 0625,000.00) of the Six Twenty_
dated December 1, 1953, be awarded to said of
and associates City Livon,_a, to be
Braun, Bosworth & Company
faith checks Sof VED FURTHER that the
unsuccessful bidders to C phrkb shallereturn the good
present upon proper to each bidder's
p receipt or by registered mail representative
A razz call Tete was taken on the
foregoing resoluteion With the 9oZlowi.no result.
AYES. Grimm, Bower,
Whitehead, (*arey, Taylor and Wolfe.
NAYS. None
The Cit.:). Clerk submitted111 to the Council a letter from
Paddock and Stone, Miller, Canfield,
attorneys, dated Uovember 1
Autorney and rico 19,K
3 addressed to the City
rending refunding the city's portion of the Mid.rle Rotg;e
Interceptor As essment Mr Stratton S Dern made a statement on this subject
Page 1298
By Councilman Grimm, seconded by Councilman Taylor, it was
#793 RESOLVED, that the letter from Miller, Canfield, Paddock
and Stone dated November 11, 1953 addressed to the City Attorney
and pertaining to Middle Rouge Interceptor Assessments (City portion),
together with all of the proposals, terms and conditions contained in
such letter, be and hereby are approved and accepted in all respects;
that said firm of Miller, Canfield, Paddock and Stone are hereby
retained for the purposes stated in such letter and on the basis
defined therein, and that the City of Livonia does hereby adopt the
program of refunding as described in such letter.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Grimm, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS None
The following preamble and resolution were offered by Councilman
Whitehead and supported b:, Councilman Grimm
#794 WHEREAS Christcpher J Mulle, County Drain Commissioner,
Wayne Couhty, Michigan, is off.,ring fo- sale :; 3,565,000 00 Wayne
County Middle Rouge Parkwaj Interceptor DrainDistrict Bonds on
December 14, 1053;
AND WHEREAS, the City of Livonia has been assessed at large
for benefits to the City of Livonia in the sum of $601,985 10, said
assessment at large being payable in fifteen (15) equal annual in-
stallments, the first installment to be due December 1, 1953, and the
deferred installments to be due on December 1st in each of the years
thereafter,
AND WHEREAS, the outstanding Middle Rouge Parkway Interceptor
Drain District Bonds are callable in direct numerical order on any
interest payment date on or after June 1, 1954;
AND 3 EREAS, Sect.Lon 8 of `'bapter 5 of Act 202, Public Acts
of Michigan, 1943, as amended, provides that any city may, by
resolution of its governing body and without vote of its electors,
issue its full faith and credit bonds for the purpose of funding any
part or all of a county drain special assessment made against such city,
AND WHEREAS, it is deemed necessary and to the best advantage
of the City to fund said assessment at large,
AND WHEREAS, under the ,)rovisions of Lection 5 (g) of Act 279,
Public Acts of richi gan, 1909, as amended, it is necessary to publish a
notice of intent to isue bonds thirty (30) days before the date of
111 adoption of any resolution providing for the issuance of bonds;
Page 1299
NOW THEREFOR7
eby
11/ instructed to - , -LVED that the City
instructed
publish notice of intent Clerk is re"
Hundred Thousand Dollars ($600,000 00) to issue not to exceed Six
Assessment Funding Bonds,
circ it "re City of wLpa ea County Drain
circulation in the City of Live o.ia2�1°�?!1, 2. new,,.
of intent to e ir hes , oiaynepaper of general
substantially County, h;ich:; � said notice
y the following form:
NOTICE OF Ii2I;I•?T IS3DE
133R'DS
PLEASE 'TAKE NOTICE, that the
Livonia intends to City Council of the
ofriars is nC nds issue not to exceed Six Hundred City
Doll ) City of Livonia County Thousand
large Bonds, for the pure of funding
Dram Assessment
g a ainst the City purpose nein
larWayne of Livoniathe assessment at
County Middle Rouge Parkway for construction of the
bongs will be issued in Interceptor
Section 8 accordance with the Drain Said
Secn of Chapter 5, Act provisions of
1943, amended, and :x1.11 pledge2Public Acts of Michigan
faith and credit of the City
for their payment the full
l
y o.f Livonia
This notice is given in accordance w .� .
Act 279, Public Acts of Iiichi`'an« ith 'eC�zcn
' 1909, as amended 5(0 of
A roll call votewa..s Czty Clerk
taken on h_- forte
going resolution with the following
A'.tES• Grimm,
Bower, +:ni tehead resu]t•
Carey, ^aylor and Wolfe
NAYS: None
LL,, By Councilman Whitehead, seconded by Councilman Ta * r •,
that
3�-° , z�. was resolved
#795 WHEPa,As
S,. , The Social ecurit
ofy the ifnl-T 3 States as to :ct has been so amended by
the several the
to extend to theiremployees
permit political the
the Se e alof Old states r- sub-divisions of
Age and Survivors' mance a and officers the
rvivors� Insurance and
WHEREAS, The Michigan Legislature
in 205 to enable political neons to s scum enacteda
undere the Old Age and Survivorssubdivisions secure
Federal Security ,Insuranceand provisions of r coverage
.,ct as amended, �>nd ' isle II of
WHEREAS, An Anrpti t
of Michigan the FederalAmono has entered into bet
wen the arand Oldy Administrator to extend
the State
II theate federaloAge and Survivors 1 Insurance tend the benefits
any political sub-division the,e s`rst-m to employees of
Page 1300
THEREFOR BE IT RESOLVED, That the governing body of Livonia,
Michigan hereby elects coverage under the Old Age and :Survivors'
Insurance, as provided by Act No. 205, Public Acts of 1951
BE IT FURTHER RESOLVED, That Harry Burton, Secretary, Civil
Service Commission, be, and he is Hereby apthorized and directed on
behalf of Livonia to enter into agreement with the departmert 4'or the
extension of the benefits under Title II cf the Social Security Act
subject to the provisions of Sec. 8 of Act 205, Public Acts of 1951
BE IT FURRHER RESOI LED, That the nroner fiscal officers be,
and they are, he-eby authorized to make all required payments into
the Contribution Fund established by the said Enabling Act and to
establ'_sr such system of payroll deductions from the salaries of em-
ployees and officers as may be necessary tc „heir coverage under said
Old Age and Survivors' Insurance system.
BE IT FJRTHER RESOLVED, That the proper officials of the
political sub-division do all things necessary to the continued im-
plementation of said system
IT IS FURTHER RESOLVED, That any funds payable to the City
of Livonia from any department of the State of Michigan maybe with held
by said department and transfered to the State Employees' Retirement
Board to be used in the payment of any default on the part of City of
Livonia in accordance with paragraph Vc of the contract between the
State of Michigan and City of Livonia
The following positions are hereby designated as those which
are to be excluded• Part Time employees, Fee basis employees
For the purpose cf carry_ng out the provisions of Title II,
Sec. 218 of the Federal Social ''ecurity Act Ind amendments thereof the
agreemert entered into bet:.reer the State Agency with the approval of the
Attorney General and the Social Security tidrninistrator is made a part
of this Resolution and shall be termed as an ag"eement between this
political sub-division and the State Agency and shall become a part of
the agreement or modification of the agreement between the State and
the Social `security Administrator
This Resolution shall be in full force and effect upon passage
and approval, for all intents and purposes, except that active coverage
shall b egin or the 1st day of January, 1951
A roll call vote was taken on the foregoing resolution ;with the following result:
AYES- Grimm, Bower, Whitehead Carey Taylor and Wolfe
NAYS None
Councilman Grimm introduced the following ordinance.
Page 1301
NO
AN ORDINANCE ESTABLIShING A RETIREMENT
PLAN, CRS?ATING A BOARD OF TRUSTEES AND
PROVIDING FOR THE ADMINISTRATION OF
SUCH PLAN
THE CITY OF LIC NIA ORDAINS:
ARTICLE 1 00
TI'T'LE, PURPOSE, CONSTRUCTION AND
ENABLING AUTHORITY
Section 1.01 Title. This ordinance shall be known and cited as the
Retirement Plan Ordinance
Section 1.02 Purpose. The purpose of this ordinance is to provide
for the retirement of employees and officers of the City of Livonia, on account
of age and service, or total and permanent disability, to provide pensions supple-
mental to social security benefits, to provide for contributions to the retire-
ment plan by the members thereof and the City of Livonia; to provide for the
administration of said. retirement plan; and to promote the welfare, well-being,
and security of employees and other persons subject to such retirement plan, in
111 order to increase and maintain a high standard of efficiency and public service
Section 1.03 Construction This ordinance shall be liberally con-
strued in such manner as to best effectuate its purpose.
Section 1.01 Enabling Authority This ordinance is adopted pursuant
to the provisions of Act 207, Public Acts cf Michigan, 1909, as amended, and
Section 16, Chapter V of the Charter of the City of Livonia
ARTICLE 2.00
DEFINITIONS
Section 2.01 Meaning of -;lords and Phrases The words and phrases
defined in this article, when used in this c-dinance, shall, for the purpose of
this ordinance, have the meanings ascribed to them in this article, except in
those cases where the context clearly indicates a dif'erent meaning.
Section 2 02 "Accumulated Contributions" means the sum of all amounts
deducted from the compensations of a member and credited to his individual
account in the pension savings fund together with regular interest thereon.
Section 2.03 "Average Final Compensation" means the average of the
highest annual compensations received by a member during any period of 5 conse-
cutive years of service contained within his ten years of service immediately
preceding his retirement In the event he has less than 5 years of total ser-
vice, his average final compensation shall be the average of hi_ annual compen-
sations for his total years of service
Page 1302 r
Section 2.04 "Beneficiary" means any person, other than a retirant,
in receipt of a pension payable from funds of the retirement plan
Section 2.05 "Board" means the Board of Trustees provided for in this
ordinance
Section 2.06 "City" means the City of Livonia and its predecessor the
Township of Livonia
Section 2 07 "Civil Service Commission" means the Civil Service
Commission of the City of Livonia
Section 2.08 "Civil Service Position" means any position in City
employment or service that comes under the jurisdiction of the Civil Service
Commission
Section 2 09 "Compensation" means the compensation received from
the City by a person for service rendered to the City In case a member's com-
pensation is not all paid in money, the Board shall fix the value of that part
of his compensation not paid in money.
Section 2.10 "Council" means the Council of the City of Livonia
Section 2.11 "Fireman" means any employee of tI Fire Department
holding the rank of fireman, including probationary fireman, or higher rate;
but it shall not include any (1) privately employed fireman, (2) person tempo-
rarily employed as a fireman during an emergency, (3) civilian employee of the
Fire Department, and (4) volunteer fireman.
Section 2.12 "Member" means any person included in the membership of
the retirement plar
Section 2.13 "Membership service" means service rendered on and after
January 1, 1954
Section 2.14 "Pension" means an annual amount payable from funds of
the retirement plan, in equal monthlj installments, for life
Section 2.15 "Pension Reserve" means the present value of all payments
to be made on account cf any pension, or benefit in lieu of any pension, computed
upon the basis of such mortality tables and other tables of experience, as the
Board may from time to time adopt, and r,.gular interest.
Section 2 16 "Policeman" means anv employee of the Police Department
holding the rank cf patrolman, including probationary patrolman, or higher rank,
but it shall not include any (1) privately employed policeman, (2) person tempo-
rarily employed as a policeman during an emergency (3) civilian employee o4' the
Police Department, and (4) special policeman.
Section 2 17 "Prior service" means service rendered prior to January
1, 1954.
Section 2.18 "Regular interest" means such rate or rates of interest
per annum, compounded annually, as the Board mai from time to time determine;
provided, that regular interest shall not be less than 2 per cent per annum,
nor more than 4 per cent per annum, compounded annually
Page 1303
Section 2.19 "Retirant" means a member who has retired with a pension
payable from funds cf the retirement plan
Section 2 20 "Retirement Plan" means the City of Livonia Employees
Retirement Plan created and established herein.
Section 2 21 "Retirement System" means the system for administration
and operation of the retirement plan, as established by the provisions of this
ordinance
Section 2.22 "Service" means service rendered to the City by a person
as an officer or employee of the City
Section 2.23 "Social Security Benefits" means the benefits provided
under the old age and survivors' insurance program of the Federal Social Security
Act as now enacted and as it may be amended from time to time.
Section 2.21 "Total service" means the sum of a member's membership
service and prior service
Section 2.25 "Voluntary Retirement Age" shall be age 60 years for
members other than policemen and firemen members. For policemen and firemen
members voluntary retirement age shall be age 55 year, provided, that during
time of war engaged in by the Uniued Sta.es, or other national emergency recog-
nized by the Council, the Council may extend the age at which any class of mem,
bers may volunta-ily retire
ARTICLE 3 00
BOARD OF TRUSTEES
Section 3 01 Creation of Board. There is hereby created a Board of
Trustees in whom is vested the power to administer, manage and operate the re-
tirement system and to make effective the provisions of this ordinance, subject
to such powers as are retained by the Council The board of trustees shall be
organized immediately after the trustees provided 'or in this ordinance have
qualified
Section 3.02 Board Membership The Board of 'rustees shall consist
of 5 trustees, as follows
(a). The Mayor.
(b) A member cr the Council to be selected by the Council,
(e). A member of the Civil Service Commission to be selected by the
Civil Service Commission,
(d) A policeman or fireman member to be elected by the policemen and
firemen members• and a member who is not a policeman or fireman
member to be elected by the members other than policemen and
firemen members, and elections to be held under such rules and
regulations as the board of trustees shall from time to time
adopt
(e) The Civil Service Commission shall appoint the t,•ustees p-ovided
for in section 3.02 (d) to serve on the initial board until their
successes lave qualified.
Page 1304
Section 3.03 Trustees' Term cf Office At the first election of
III trustems provided for in section 3 02 (d), the policeman or fireman trustee sha,11
serve to July 1, 1Q55, and the general city member trustee shall serve to July 1,
1957. After the forst election the regular term of office for the member trustees,
provided for in section 3 02 (d), shall be 4 years. The Council trustee shall
serve at the pleasure of h e Council and the Civil Service Commission trustee
shall serve at the pleasure of the Civil Service Commission
Section 3.04 Board Vacancy. Ir the ever'- ar elected mamber trustee
be nc longer employed by the City he sha,_1 vacate the office of trustee If a
vacancy occurs in the office of any trustee, the vacancy shall be filled, within
90 days aft-r the date the vacancy occurred, for the unexpired term, in the same
manner as the office was previously filled
Section 3.05 Meetings of Board . The Board shall hold meetings regularly,
at least one in each quarter year, and shall designate the time and place thereof
Three trustees shall constitute a quorum at any meeting of the Board, and at least
3 concurring votes shall be necessary for a decision by the trustees at any meet-
ing of the Board The Board shall adopt its own rules of procedure and shall keep
a record of its proceedings. All meetings of the Board shall be public.
Section 3 06 Retirement System Officers The Board shall elect from
its members a chairman and a chairman pro-tem. The secretary of the Civil Service
Commission shall be secretary of the retirement system The City Treasurer shall
be treasurer of the retirement system and the custodian of its funds The City
Attorney shall be legal advisor to the Board The Board shall appoint an actuary
111 who shall be technical advisor to the Board on matters regarding the operation of
the retirement system on an actuarial basis and who shall perform such other duties
as are required in connection therewith The Board shall employ such professional
services, as are required in the proper operation of the retirement system
Section 3.07 Records - Annual Report. The Board shall cause to be
kept such data as shall be necessary for an actuarial valuation of the assets and
liabilities of the retirement system The Board shall render a report to the
Mayor and the Council, on or before the first day of May of each year, showing
the fiscal transactions of the retirement system for the year ending the preceding
thirtieth day of November, and the lest balance sheet showing the financial condi-
tions of the retirement system by means of an actuarial valuation of its assets
and liabilities as of the preceding thirtieth day of November; and such other
reports as the Mayor, Council or Civil Service Commission may from time to time
require
Section 3.08 Mortality and Other Experience Tables The Boa"d shall
from time to time adopt such mortality and other tables of experience as are neces-
sary for the operation of the retirement system on an actuarial basis
ARTICLE 4.00
MEMBERSHIP
IliSection 4.01 Qualifications of Members The membership of the retire-
ment system shall include all persons in the classified and the unclassified ser-
vice of the Civil Service who receive from the City compensation for their services
on a full time basis Part time and tempora'^v persons in either the classified
or unclassified service are specifically excluded from membership In case of
doubt as to the membership status of any person, the Civil Service Commission
shall decide the issue
Pace 1305
Section 4.02 Termination Except as otherwise provided in this
III nance, should any member no longer be employed by the City, for any reason other
than his death or becoming a retirant, he shall thereupon cease to be a member
and the total service credited to his service account at the date of his last
separation from City service shall be forfeited by him In the event the said
person is re-employed by the City in a civil service position he shall again
become a member of the retirement system, and should his said re-employment occur
within a period of 5 years from and after the date he last separated from City
service his total service, if any, forfeited by him at the date he last separated
from City service shall be restored to his credit subject to section 8.01 (c)
In the event a member becomes a retirant or dies he shall thereupon cease to be
a member
In the event a member becomes engaged in a part time or +emporary
position in either the classified or unclassified service of the Civil Service
of the City, he shall, except as otherwise provided in this ordinance, (1)
cease to be a member, and (2) forfeit the service credited to his service account
If the said person subsequently becomes engaged in a position en.itling him to
membership in the retirement system he shall again become a member and the ser-
Trice credit 1'or`'>:4-n0._ by him at the time his membership last terminated shall be
restored to his credit subject to section 8 01 (c)
ARTICLE 5.00
SERVICE CREDITS
III
Section 5 01 In General. The Tioard shall fix and determine by
appropriate rules and regulations how much service in a calendav year shall be
credited any member as a year of service, but in no case shall less than 10
days of service rendered in any calendar month be credited as a month of service,
or less than 9 months of service rendered in any calendar year be credited as a
year of service, or shall more than 1 year of service be credited for all service
rendered by any person in any calendar year
Section 5.02 War Service Credit. In the event a person, who while
employed by the Citj, was called to or entered any armed service of the United
States, or a member whc is cal'ed to or who enters any armed service of the
United States, and who has been or who shall be on active duty during time of
war or other national emergency, and should such person be re-employed by the
City, in a civil service position, within 1 year from the date of termination
of his required service, then such armed service shad be credited to him as
City service in the same manner as if he had served the City uninterruptedly
In case of doubt as to the period so to be credited to any member, the Board
shall have final power to determine such period During the period of such
armed service rendered to the Federal Government and until his re-employment
by the City, his contributions to the pension savings fund shall be suspended
and any balance standing to his credit in the pension savings fund shall be
accumulated at regular interest
Section 5.03 Members Service Accounts. The board shall credit
111 each member's service account with the number cf jears and months of prior ser-
vice and membership service to which he may be entitled
Section 5 04 Service Credit for Disability - Refund Provision. A
disability retirant shall be given membership service credit for any period he
is in receipt of workmen's compensation benefits on account of his disability
Page 1306
arising out of and in the course of his employment by the City, said membership
service to be credited upon terming+tion of said workmen's compensation benefits,
atwhich time his disability pension shall be recomputed to include such addi-
tional service credit During the period a retirant is receiving a disability
pension his contributions to the pensior savings fund shall be suspended
In the event a disability retarant dies before he has received in
payment of his disability pension an aggregate amount equal to his accumulated
contributions standing to his credit in the pension savings fund at the time
of his retirement, the difference between his said accumulated contributions
and the said aggregate amount of disability pension payments received by him
shall be paid from the pension reserve fund to such person or persons as he shall
have nominated by written designauion duly executed and filed with the Board
If there be no such designated ne son or persons surviving the said retirant,
then said difference, if any, shall be paid to his legal representative This
section shall not apply in the case of a retirant who elected either option (a)
or (b) provided for in section 6.05.
ARTICLE 6.00
RETIREMENT
Section 6.01 Voluntary Retirement. Any member who (1) has attained
or attains his voluntary retirement age and (2) has 10 or more years of total
service credited to his service account, may retire from City service upon his
written application filed with the Board setting forth at what time, not less
than 30 days or more than 90 days subsequent to the execution and filing thereof,
he desires to be retired
Section 6,02 Normal Retirement Any policeman or fireman member who
has attained or attains age 65 years, and any member in any other branch of City
service who has attained or attains age 70 years shall be retired forthwith,
provided, however, that any member who has attained or attains his age for
normal retirement, as provided in this section, may continue in service for
periods of time not to extend more than 3 jears beyond his said normal retire-
ment age, cr beyond July 1, 1957, whichever is later; provided further, that
the said member's extension in service is (1) requested by him in writing,
(2) approved by his department head, and (3) approved by the Civil Service
Commission
Section 6.03 Service Retirement Pension. Upon his retirement from
service a member, who has attained his voluntary retirement age and has 10 or
more year., of total service credited to his service account, shall receive a
service retirement pension equal to 1 per cent of his average final compensa-
tion multiplied by the rumber of years, and fraction of a year, of total service
credited to his service account Upon his retirement, the said member shall
have the right to elect an option provided for in section 6 05
In the event a retirant dies before he has received in payment of his
service retirement pension an aggregate arucunt equal to his accumulated contri-
III butions standing to his crer'it in the pension savings fund at the time of his
retirement, the differ'rce between his said accumulated contributions and the
said aggregate amount of service retirement nensio ns received by him shall be
paid f rom the eension re-erve fund to such person or nersons as he shall have
nominated by written designation duly execut ed and filed with the Board If
Page 1307
there be no such designated person cr persons surviving the said retirant, then
111 e.
said di"ere: ce, -f any, shall be paid to his legal representative This section
shall not apply in the case or a retirant ,rho elected either option (a) or (b)
provided for in section 6 05.
Section 6 01; Deferred Retirement Pension In the event a member who
either (1) has 25 or more years of total service credited to his service account,
or (2) has attained age 55 years and has 10 or more tears of total service
credited to his service account, separates from Cittr service, in either event
prior to his voluntary retirement age, for any reason other than his death or
becoming a retirant, he shall remain a member during the periodofrhis Bence
from City service for the exclusive purpose only of receivinga
ment pension provided for in section 6 03 His said pension shall begin as of
the first day of his c lcndar month next following the dae his applitiOnfor
same is filed with the Board on or after his attainment of age 65 years In
he
event the said member withdraws all or part of hie accumulated contributions
standing to his credit in the pension savings fund he shall thereupon cease to
be a member and he shall forfeit his right in and to a deferred pension provided
for in this seceion.idEmemberas is receiveeservi.cele»provided t ethis
perioddo° hCe essence
, in
no case shall the s
from City service
Section 6.05 Retirement Pension Options Any member who has attained
or attains his voluntary retirement age may, prior to the effective date of his
retirement, but not thereafter, elect to receive his service retirement pension
payable throughout his life (called a regular retirement pension), or he may
elect to receive the actuarial equivalent, computed as of the effective date of
IL his retirement, of his regular retirement pension in a reduced pension payable
throughout his life, and nominate a joint beneficiary, in accordance with the
provisions of option (a) or (b) as hereinafter set forth
Optisn (a) Joint and Survivor Pension Upon the death of the re-
tirant, his reduced pension shall be continued throughout thele feaof ae of nd paid
to such person, having an insurable interest in his life, as :
nominated by written designation duly executed and filed with the Board prior to
the effective date of his retirement; or
Option (b) Modified Joirt and Survivor Pension Upon the death of the
retirant, one-half of his -educed pension shall be continued throughout the lifel
ife
of and paid to such person, having an insurable interest in his .rife, as he
have nominated by Britten designation duly executed and filed with th'° Board prior
to the effective date of his retirement
ARTICLE 7.00
DISABILITY
Section 7 01 Disabil5ty Incurred Upon the application of a member,
or his department head, a member who becomes totally and permanentlyoinccapacitated
for duty in the service of the City, by r eason of a personal injury ,
may be retired by the Board, provided, that after a medical examination of the
to said member, made by o, under the direction of a medical committee, consisting
physicians,of 1 of whom shall be appointed by the Board, 1 lel the said member,
and3
the third by the 2 physicians so named, the said medical committee certifies
to the Board, by a majorit.- opinion in writing (1) that the said member is
mentally or physically totally incapacitated for duty in the service of the City,
Page 130$
2 that such incapacity willprobablybe c,e
( } 3immanent and that such member
� (3)
should be retired
Section 7.02 Disability Pension - Ten or More Years of Total Service
Any member with 10 or more years of total service credited to his service account
who retired on account of disability, as provided in section 7 01, shall receive
a disability pension equal to 1 per cent of his average final compensation multi-
plied by the number of years, and fraction of a tear, of total service credited
to his service account, provided, that the said pension shall be subject to
sections 5.04 and 7.04. Upon his said retirement or attainment of his voluntary
retirement age, whichever is later, he shall have the right to elect an option
provided for in section 6 05 hereof
Section 7.03 Disability Pension - Less than Ten Years of Total Service
Any member with less thah 10 years of total service credited to his service account
who retires on account of disability, as .provided in section 7.01, and is in re-
ceipt of workmen's compensation benefits on account of his disability arising
out of and in the course of his City employment, shad receive a disability pen-
sion equal to 10 per cent of his average final compensation; said disability pen-
sion to be subject to sections 5 04 and 7 04 Upon his said retirement or attain-
ment of his voluntary retirement age, whichever is later, he shall have the right
to elect an option provided for in section 6.05.
Section 7 04 ,e-Examination of Disability ietirants At least once
each year during the first 5 years following the retirement of a member with a
disability pension, and at least once it every 3 Year period thereafter, the Board
may, and upon the retirant's applicatior shall, require ani disabL.ity retirant,
who has not attained ei s Toluntary retirement age, to undergo a medical examina-
tion to be made by or under the directior of a physician designated by the 3. ard
Should the said retirant, who has not at+ae.ned his voluntary retirement age, refuse
to submit to such medical examination in any such period, his disability pension may
b� d,scontirued by the Board, and should such refusal continue for 1 year all his
rights in and to his said uensior may be revoked the Board If upon such
medical examination of a retirant, the said physician reports to the Board that
the retirant is physically able and capable of resuming employment with the City,
he ehall he restored to active service with the City and his disability pension
shall be discontinued
A disability retirant who has ben or shall be returned to active
service in the employ of the City shall again become a member of the retirement
system The total service credited to him at the time o-' his retirement shall
be restored to his credit He ,hall be credited with membership service for the
period he was receiving workmen's compensation benefits on account of his dis-
ability arising out of and in the course of his employment with the City.
ARTICLE 8.00
FUNDS
Secticn 8.01 Pension Savings Fund. The pension savings fund is hereby
created It shall be the fund in which shall be accumulated contributions of
members to the retirement system, and from which shall be paid refunds of accumu-
lated contributions as provided it this ordinance.
Page 1309
(a) The contributions of a member to the pension savings fund shall
III
be the difference between 5 per cent of his compensations and his share
of social security taxes arising on account of his City employment;
provided, that at no time shall a member's contributions to the retire-
ment system be less than 1.75 per cent of his compensations
(b) The officer or officers responsible for making up the payroll
shall cause the contributions provided for in section 8 01 (a) hereof
to be deducted from the compensation of each member on each and every
payroll, for each and every payroll Period, beginning with the effective
date of the retirement system and cortinuing so long as he remains a
member in the employ of the City :,hen deducted, the said contributions
p„ovided for herein shall be paid into the pension savings fund and
credited to the individual account of the member from whose compensa-
tions said contributions were made Every member shall be deemed to con-
sent and agree to the dedLctions made and provided for herein and payment
of his compensations less sail deductions shall be a full and complete
discharge and acquittance of all claims and demands whatsoever for the
services rendered by said member during the period covered by such pay-
ment, except as to benefits provided by the retirement system. The
members' contributions provided for herein shall be made notwithstanding
that the minimum compensation provided by law shall be changed thereby
(c) In addition to the cortributions deducted from the compensations
of a member, as hereinbefore provided, he shall repay to the pension
III savings fund, in a manner approved by the Board, all amounts he may
have withdrawn from the said fund, together with regular interest thereon
computed from the date of iithdrawal to the date or dates of repayment
No member shall be given credit for service rendered prior to the date
he withdraws any pact of' his accumulated contributions from the pension
savings fund until he has paid in full all amounts due the said fund by
him
(d) Upon the retirement of a member his accumulated contributions stand-
ing to his credit in the Pension savings fund shall be transfe-red from
the said fund to the pension reserve fund Except as otherwise provided
in this ordinance, at the expiration of a period of 3 years from the date
an individual's membership is terminated, any balance of accumulated con-
tributions standing +o his credit in the pension savings fund, unclaimed
by the said individual or his legal representative, shall be transferred
to the pension accumulation fund
Section 8.02 Pension Accumulation Fund. The pension accumulation fund
is hereby established It shall be the fund in which shall he accumulated contri-
butions made by the City to the retirement system
Upon the basis of such mortality and other tables of experience as the
Board shall adopt and regular interest, the ictua"v shall annually compute the
City's contributicns to the retirement system in the manner set forth in paragraphs
(a), (b), and (c) of this section
III
(a). An amount which, if paid annually by the City during the prospective
service of members, will be sufficient, together with the e gnec+ed net future con-
tributions of members, to provide reserves at the time of their retirements for
pensions based upon service likelj to be rendered after the beginning of the fiscal
year; and
Page 1310
(b) An amount which, if paid annually by the Ci}y over a period of 25
years, will b;, su-ficierit, together with fund balances allocated to
accrued membershi -,e vice pensions, to urovide reserves for such
pensions, and
(c). An amount which, if paid annually b: the Cit„* over a period of 40
years from July 1, 1953, x.111 be.: sufficient, together with fund balances
a.J.ocated to prior service pcnsions, k,o ,ro .ride reserves -"or ouch pensions.
(d) The Council shall appropriate each v"ar such amounts of contri-
butions, as den,ermiied in paragraphs (a), (b) and (c) of this section,
and the City shall pav such amounts into the per sion accumulation fund
during the ensuing fiscal year
Upon ret4rement of a member, thee- shall b' transferred from the
pension accumulation fund to the pension reserve fund an amount equal to the said
member's pension reserve less his accumula}ed contributions standing to his credit
in the .pension savings fund at the time of his retirement.
Section 8,03 Pension $,=serve Fund The pension reserve fund is hereby
created It shall be the fund from which shall be paid all pensions, and benefits
in lieu of pensions, paorable as provided in this ordinance Should a disability
retirant be returned to se-vice his pension r-serve, computed as of the date of
his said return to service, shall be transferred from the pension reserve fund
to the Pension savings fund and the pension accumulation fund in the same propor-
tion as the original transfers were made
111
Section 8.04 Management of Funds The Beard shall be the trustees of
the fund of the retirement system and shall have full. power to invest and re-
invest such funds .,ubject to all terms, conditions, limitations and rdstrictions
imposed by the State of Michigan upon life insurance companies in the making and
disposing of their investments, except that notes, bonds, or obligations of the
City of Livonia shall not be subject to said conditions, limitations and restric-
tions, and except that no funds of the retirement system shall by invested it the
stock of any company, association or corporation The Board shall have full power
to purchase notes, bonds, or other obliga ions of the City of Livonia at any
legally conducted public or private sale The Board shall have full power to
hold, purchase, sell, assign, transfer and dispose of any securities and invest-
ments in which any of the funds of the retirement system have been invested, as
well as the proceeds of the said investments and any moneys belonging to the re-
tirement system.
There shall be kept on deposit available cash not exceeding 10 per cent
of the total assets or the retirement system ..11 funds of the retirement system
shall be held for the sole rurpose of meeting disbursements for pensions, and
other payments authorized by the provisions of this ordinance and shall be used
for no other purpose The description of the various funds of the retirement
system shall be interpreted to refer to the accounting records of the retirement
system and not to the s egregation of moneys in the various funds of the retire-
ment system.
Section 5.05 Method of Making Payments. All payments from the funds
of the retirement system shall be made according to charter provisions only upon
regular City checks No check shall be drawn unless it shall have been previously
authorized by resolution adopted by the Board
Page 1311
Section 8 06 Allowance of Regular Interest All interest and other
earings on moneys and investments of the retirement system shall be credited to
the persion accumulation fund The Board shall, at the errs of each fiscal year,
allow regular interest computed on members' individual balances in the pension
savings fund at the b-ginning of the said fiscal v:ar, and on the mean balance
in the pension reserve fund The amounts of interest so allowed and credited to
the pension savings fund and pension reserve fund shall be charged to the pension
accumulation fund
ARTICLE 9.00
MI SC T,ANt�"EOUS PROVISIONS
Section 9 01 Retirement System A retirement system is hereby estab-
lished pursuant to the provisions of )ectior. .1_6, Chapter V, of the Charter of
the City of Livonia, for the purpose of carrying out and regulating the provi-
sions of this ordinance, including the retirement plan
Section 9.02 Rules and : eguiations The Civil Service Commission
is hereby authorized to make rules and regulations for the administration of
and performance of the provisions of +his ordinance, provided, however, that
such rules and regulaticns shall not be inconsistent with or contrary to the
provisions of this ordinance
Section 9 03 Refund of Accumulated Contributions Should any member
cease to be an employee of the City (1) before a+taining his voluntary retirement
age, for any reason other than his death or becoming a retirant, or (2) after
his voluntary retirement age and nct be entitled to a pension, he shall be paid
all or part of his accumulated contributions standing to his credit in the pension
savings fund as he shall demand in writing on forms furnished by the Board
Should a member die before his retirement becomes effective, his
accumulated contributions standing to his credit in the pension savings fund, at
the time of his death, shall b° paid to such person or nersons as he shall have
nominated by written .'esigna+icn duly executed and filed with the Board. In the
event there be no such designated pe-son or persors surviving the said member,
his said accumula eC ee r `cations shall be paid to his legal representative
If any member dies, witho it heirs and without having nominated a benefi-
ciary, as provided in this section, his accumulated contributions standing to his
credit in the pension savings fund, at the +ime of his death, maybe used to pay
his reasonable burial experees• provided, that he leave no other estate sufficient
for such purpose
Refunds of accumulated contributions provided for herein may be made in
installments according to such rules and regulations as the Board may from time to
time adopt
Section 9.04 Errors. Should any change in the records result in any
member, beneficiary, or retirant receiving from the retirement system more or less
than he would have been entitled to receive had the records been correct, the
Board shall correct such error, and as far as practicable shall adjust the payment
in such manner that the actuarial equivalent of the benefit to which the said
member, beneficiary or retirant was correctly entitled shall be paid
Section 9.05 Assignments Prohibieed The right of e person to a 'ft-
Ilion, to the return of accumulated contributions, the pension itself, any optional.
Page 1312
benefit, any other rim _
rearight accrued or accruing to any member, retirant, or benefi-
Illry under the provisions of this ordinance, and the moneys belonging
re-
tirement system, shall not be subject to executionto the operation of bankruptcy or insolvency law, or a.11 A,
garnishment,process, at law what, the
and shall be unassignable, exceptasif secificallyh dof law whatsoever,
provided, that the Ci; shall have the righty provided in this ordinance,
embezzlement by of fraud of of setoff for any clean arisi
a member � from
Section 9.06 Pe t . Any oerson who shall knowin ,�,
be made any fall+� statement or a`'fidavit for
or benefits under the provisions of tY�iS ordinance, or of infamy make or cause to
the purpose of obtaining any grants
ing or awarding of any such rights cr benefits byofficial, board,athe commis-
sion, or in order to avoid any responsibilityor obligation e or commons
of this ordinance, shall be g under the provisions
shall punished byguilty of a misdemeanor, and upon conviction thereof
h ys, or by- both suchfine
exceeding 3500 or by imprisonment not eiceeding
and .i_
rie
�.moonment in the r
;
- screti--n of the court
Section 9.07 Severabilit
is held inva�td for 07 See • In th event any portion of this ordinance
y mon, then such holdings shall net effect the
portion eld ofin this ordinance.
remaining
Section 9 08 Effective Dat— This ordinance shall take effect on the
date of publication
The foregoing ordinance was placed on the table .'or consideration at
the next regular meeting of the Council.
By Councilman. Grimm, seconded by Councilman Bower, it was
#796 RESOLVED, that the fo.ilowin
g letter and proposal from the
City Clerk doted December
3, 1953
"On November 14, 1953, the City Ccuncil acce_
of streets in Thomas Elliott Subdivision as set forthp n
such resolution However, the balance of the bond was not
released at that time pursuant to the receipt from the
surveyor stating that all monuments hod been raised
"I have now received the certificate of Fall and Bas
regis-
teredney,land surveyors, under date of November
ing that all missing concrete monuments have been replaced n
30, 1 S3, certify
bought uo fio a point one inch below the adjacent side-walk
grade. I have checked all of the previous resolutions pertain-
ing tc the paving of such streets in Thomas Elliott Subdivision
and I now recommend that the following measures be taken by the
City Council
111 "Upon receipt of a check from Abe Green and ienry Aper in the
amount of $17,000.00, the Council shall in return,
a_ Release the s of 41,000 00 to said Abe Green and SHA
Alper relative to resolutionT•-pry
#392, passed on February 27, 1953,
Pane 1313
sum of n which is the balance owinr;
2 $ 00 (, dated February 27,
b �ereen anthd
enry Alper'under resolution #396,Abp ween axed
\ 1! 1953. Inc , the 511n
to Rose Hill Homes, Y
of Livonia y half of Harrison Avenue,
C. T14, the City the Citi 's portion of pavingand resolution Avenue,
pursuant Ut 27 as utd dated March 30, 1953
#290
to resolution �-+zk
dated November 24, 1952 , �eceiva
which the City of Livonia will_
OOC.OrJ '��. guarantee
Henry .Aper is a cash bond to goara south
"The amo'ar t o f �-�, s„ariting at a
from pavingaiAbeGreen 3 side of Deering, which
of the wes, South t o tie st Chicago Road,
the _Lng Fred through
oPlymouth oRoad and r'lots in Thomas Elliottr.li.ictSubdivision numbered
covers
457 respectively " that payments
.roved in all resoeCts, that
hereby is accented and a}-rlct�4r are 'cerebv authorised,ben and accordance e•oin esoautior #ed, panted
ih ord " e ",1 a for the ninth line of r d amended
"West" �pp''aring in 1953 is hereby a^a,nged an
t
the word ` °Council or Octob 'r 12, and City Treasurer are
by the City City Clerk ea the ru}e per-
formance
read "East" ;i and that the �ti s or incidental
authorized to do ail things -,�cessary
of this reso1u4-ion result.
wa: taken on thc. foregoing resolution with thr.
following
A �e11 call vote 111 d Wolfe
ASS: Grirm, Bower, �� !1 t eh`'a'' „ Carey Taylor an
NAYS None s American Legion
m the Myron H. Beal
City Clerk read a levte> from Hall at 931.8
The American Legiar.
the time for cloc.irg the
#32 regae5tirg that 1, 1954.
Post a m., on January be .extended to 3
Newburg ^cad on aje;:` Years Eve Grimm and unanimouslyC��t neylm^n Carey, seconded bar Coanciunan
By
,.t was the trod H Beals
adopted, -e rue st of
D S4i,J�•D, that t�:e granted and further that
c7 2 1F hereby g +, the. rity of
post n3 all establishments within b. extended
rr,+er?car Legion on
the time of closing food and/or alcoholic beverages the
rules and
serving ,9 consistent w �- of
to?r� la s or Januar �l' S.Licucr Co.'t1 1 Commission and
the I '� �
re •lat...on5 of � ent
&�Y ,ren'�a. police Departs^`
the �1 ddb•- Oo�c3,lma.ri Taylor, it was
By Councilman Grimm, seconded the salary
Decemb'r 1, 1953s
' LVED, that commencing r ped in the amount
3 allowed and determined�. is hereb
#7Q.
of the City Clerk 6000 00 peryear d result'
of � � the follo�d.r�
�n or ,..h�: forego : ng reso�
uti.o n ',d.th
vote was talo•
A roll call. va A Tailor and Wolfe
ower `•;hxtehead, Carey
AYES Gri�,L-r., Bower,
NAYS None.
page 1314
r th,:, jus.,ice C�' '"� and �liolatiors Bureau Dor the worth
The r�>;_,,� c
953 was re' .d and pl'iced on file
of yvoverlbAx, Whitehead and
111 'notion o Councilman `Taylor, seconded b7� Councilman Wh-
On - adjourned,
�, ed this 107th regular neeting of the Council was adj
unanimously adopted,� 1953
the
time of this adjournment being 9 30 p m , December 3,
,,/22 -- �
ie Clark, City Clerk
Attested
/ /
Ibid.
arry
4/,/�1i1�4Wolfe, Preside A
4