HomeMy WebLinkAboutCOUNCIL MINUTES 1953-10-08 ADJOURNED Page 1211
MINUTES OF THE ADJOURNED ONE HUNDRED THIRD REGULAR
MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On October 8, 1953, above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:45 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, Wilson W Edgar, Harold
Bower, John W. Whitehead, Nettie Carey and William Taylor Absent-- None
The following members of the Livonia Township School Board A Ward
McCain, President, Rupert G Otto Secretary, Mrs Eva G Meacham Mr. Carney
and Mr. Raymond McCullough, were present and participated in a joint meeting
with the City Council
The City Clerk read a communication from the Livonia Township School
District dated October 8, 1953 addressed to Mr William Brashear, City Attorney,
and containing a resolution pertaining to a proposed contract between the School
District and the City of Livonia. Mr. John Nunneley, of Miller, Canfield, Paddock
and Stone, Bond Attorneys, stated that in his opinion the form of the resolution
would interfere with the sale of bonds and might prevent the financing of the
project He then read the proposed contract as prepared by his firm between the
City of Livonia and the Livonia Township School District and handed five (5) copies
of such contract to Mr McCain The members of the School Board then left the
Council meeting room and went into the Mayor's office where they conferred among
themselves, talked to their attorney, Carl Thrunn, by telephone and likewise
conferred at times with kr John Nunneley, M'-. Herald Hamill and Mr William W
Brashear These conferences and discussions lasted approximately an hour and one-
half during which the Council had remained in session in its meeting room awaiting
some word or decision from the School Board All the members of the School Board
Page 1212
then returned to the Council meeting room and resumed their joint meeting with the
members of the City Council
Mr John Nunnele5 and Mr A Ward r_cCain explained that, as a result of
the conference and discussions, several changes had been rade in the proposed con-
tract, following which the contract had been approved by the Livonia Township School
Board and had been signed on behalf of such Board by A Ward McCain as President and
Rupert G. Otto as Secretary
By Councilman Edgar, seconded h-r Councilman Carey and adopted as follows,
it was
# 704 RESOLVED, that the proposed agreement between the City of
Livonia and Livonia Township School District Re "Payment of Special
Assessments" in Sewer Special Assessment District No 4 under
Ordinance No 31, as amended, the said agreement being dated October
8, 1953 and having been prepared by Miller, Canfield, Paddock and
Stone and filed in the office of the Citj Clerk and the said agreement
having been signed by Livonia Township School District through A Ward
McCain, President and Rupert G Otto, Secretary, is hereby approved by
the City Council, and the Mayor and City Clerk are hereby authorized
and directed to affix their signatures to such agreement on behalf of
the City of Livonia.
A roll call vote was conducted on the foregoing resolution with the following result.
AYES Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS- None
The following resolution was offered Councilman Raymond E Grimm and
supported by Councilman William Taylor.
# 705 WHEREAS, the Cit;; Council on August 17, 1953, adopted the
necessary resolution of necessity relative to the construction of
sewers in Sewer Special Assessment District No 4, after due hearing
as required by the City Charter and Ordinance No 31, as amended;
AND WHEREAS, said resolution was in great detail as required
by said Ordinance, and did provide for the proportioning of the cost
and expense of said public improvements as follows: Thirty (30%) per
cent as a general obligatior of the City, and seventy (70%) per cent as
an obligation of the special assessment district,
Page 1213
AND WHEREAS, it now appears that said proportionment as set
forth in said resolution, was slightly in error in that the City-at-
111 large portion was intended to the thirty (30 ) per cent of the cost of
TRUNKS AND ARMS, and the District's share was to be seventy
cent of the cost of TRUNKS AND ARMS, and one hundred (70%) per
100'
of the cost of laterals; ( �) per cent
AND WHEREAS, it appears that the assessment roll was prepared
on this basis, the hearing held thereon on this basis, and no rights or
privileges would be abridged by now amending said resolution of
necessity to reflect the correct proportionment of cost;
NOW THEREFORE BE IT RESOLVED, that said resolution adopted on
August 17, 1953, be amended as to the proportioning of the cost to be
read as follows.
"Be It Further Resolved that the proportion of the
cost and expense of said public improvements to be borne
and paid as a general obligation of the City shall be
thirty (30%) per cent of the cost of the trunks and arms,
having a total estimated cost of $2,122,065 00; and all
other costs and expenses of said public improvements,
amounting to seventy (70%) per cent of the cost of the
trunks and arms, and all of the cost of laterals, shall
be borne and paid by special assessments on all lands and
premises in the special assessment district as herein
established, in proportion to the benefits to be derived
therefrom "
BE IT FURTHER RESOLVED, that the City Clerk be authorized and
directed to publish immediately such changed notice of intent to issue
general obligation bonds of the City of Livonia (City Portion) as may be
necessary to adequately provide for the amount of such bonds necessary
to be issued to finance its portion of the cost
rE IT FURTHER RESOLVED, that save as amended or revised by the
terms of this resolution, the resolution herein referred to and adopted
on August 17, 1953, shall remain unchanged and in full force and effect
A roll call vote was conducted on the foregoing resolution with the following result:
AYES. Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS None
Councilman Bower introduced the following Ordinance
ORDINANCE NO 73
AN ORDINANCE AMENDING SECTIONS 16, 17, 18 AND 10 OF
ORDINANCE NO. 31, AS AMENDED, ENTITLED:
"AN ORDINANCE TO PROVIDE FOR THE MAKING OF PUBLIC
IMPROVEMENTS, DEFRAYING THE EXPENSE THEREOF BY
SPECIAL ASSESSMENT AND A SPECIAL ASSESSMENT
PROCEDURE,"
Page 1214
TOGETHER WITH ALL SPECIAL ASSESSMENT DISTRICTS
CREATED OR BEING CREATED PURSUANT TO THE PRO-
VISIONS OF SAID ORDINANCE NO. 31, AS AMENDED,
INCLUDING ALL PROCEEDINGS PERTAINING TO SUCH
DISTRICTS
THE CITY OF LIVONIA ORDAINS•
Section 1 Section 16 of Ordinance No 31 of the City of
Livonia, as amended, is hereby amended to read as follows
Section 16 All special assessments contained in any special
assessment roll, including any part thereof deferred as to payment,
shall, from the date of confirmation of such roll, constitute a lien
upon the respective lots or parcels of land assessed and until paid
shall be a charge against the respective parcels of land assessed and
until paid shall be a charge against the respective owners of the
several lots and parcels of land a debt to the City from the persons
to whom they are assessed Such lien shall be of the same character
and effect as the lien created by the City charter for City taxes and
shall include accrued interest and penalties No judgment or decree,
nor any act of the Council vacating a special assessment, shall destroy
or impair the lien of the City upon the premises assessed for such
amount of the assessment as may be equitably charged against the same,
or as by a regular mode of proceeding might be lawfully assessed there-
on All special assessments shall become due upon confirmation of the
special assessment roll or in annual installments not to exceed twenty
(20) in number as the Council may determine at the time of confirmation
and if in annual installments, the Council shall determine the first
installment to be due upor confirmation or on next following December
1st or the second following December 1st and subsequent installments on
December 1st of succeeding years
Section 2. Section 17 of Ordinance No 31 of the City of
Livonia, as amended, is hereby amended to read as follows:
Section 17. After confirmation of the assessment roll, the
Assessor shall divide such assessment roll into such number of equal
installments as shall have been fixed by the Council; provided that if
such division operates to make any installment less than $10 00, then
the Assessor shall reduce the number of installments so that each
installment shall be above and as near to $10.00 as possible. The
assessment roll shall be transmitted by the City Assessor to the
Treasurer for collection immediately after its confirmation mhe
Treasurer shall give notice by one publication in the official news-
paper or any newspaper o' general circulation within the City that said
special assessment roll (identifying it) has been filed in his office
and specifying when and where payments may be made thereon de maj
mail statements of the several assessments to the respective owners, as
indicated by the records of the Assessor, of the several lots and parcels
Page 1215
of land assessed, stating the amount of ,,he assessment and the manner
in which it may be paid, provided, however, that failure to mail any
111 such statement shall not invalidate the assessment or entitle the
owner to an extension of time within which to pay the assessment
Section 3 Section 18 of Ordinance No 31 of the City of
Livonia, as amended, is hereby amended to read as follows:
Section 18. The whole or any part of any such assessment may
be paid during the period of sixty (60) days from the date of confirma-
tion of the special assessment roll without interest or penalty
Section 4 Section 19 of Ordinance No. 31 of the City of
Livonia, as amended, is hereby amended to read as follows:
Section 19 The first installment shall be spread upon the Ci+y
tax roll for the year in which the firsu installment is due, in a column
headed "Special Assessments,„ together with interest upon all unpaid
installments from the date o4' the confirmation of the roll to the first
day of December of the year in which such tax roll is made; provided, that
any fraction of amonth shall be considered as a full monuh. Thereafter
one installment shall be spread upon each annual tax roll, together with
one year's interest upon all unpaid installments, provided, that when any
annual installment shall have been prepaid as hereinafter provided, then
there shall be spread upon the tax roll for such year only the interest
upon all unpaid installments
Sectior 5 All special assessment districts created or in
the process of being created, pursuant to the provisions of Ordinance
No 31, as amended, as of the effective date of +his Ordinance, are
hereby amended to conform to the provisions of this Ordinance
Section 6 All Ordinances or parts of Ordinances in conflict
herewith are hereby revealed only to uhe extent necessary to give this
Ordinance full force and effect
Section 7 Should any portion of this Ordinance be held
invalid for any reason, such holding shall not be construed as affecting
the validity of any of the remaining portion of this Ordinance
Section 8 This Ordinance is hereby declared to be an
emergency Ordinance necessary to the public health and welfare and shall
be given immediate effe't.
A roll call vote was conducted on the foregoing ordinance with the following result-
AYES. Grimm, Edgar, 3o:tier, Whitehead, Carey-, Taylor and Wolfe
16 NAYS• None
1216
President Wolfe declared that the foregoing ordinance was duly adopted and
will become effective on the date of publication, which will be October 16, 1953
The following resolution was offered by Councilman Carey, and supported by
Councilman Whitehead
# 706 WHEREAS, pursuant to due and proper notice published and
mailed to all property owners in Sewei Special Assessment District
No 4, as required by the provisions of the City Charter and Ordinance
No 31, as amended, of the Citi, of Livonia, the City Council has duly
met and reviewed the special assessments levied in the special assess-
ment roll prepared by the City Assessor to cover the district portion
of the cost of sewers to be constructed in Sewer Special Assessment
District No 4;
AND WHEREAS, the City Council has heard and carefully con-
sidered all objections made to said assessments, there being several
written objections submitted, being, however, considerably less in
number than would comprise fifty per cent (50;') of the property
owners in the District,
NOW THEREFORE BE IT RESOLVED THAT•
1. As to parcels 24-A-2 and 24-Q-2 set forth in said
111 roll, the Council finds that in view of the fact that a large portion
of said property is unuseable because it is low land, formerly
covered by an artificial lake known as Como Lake, and cannot be used
for either residential or any other purpose without a large and
extensive fill, the benefits to said property will be lesser in
amount than that fixed by the City Assessor, and the said assessment
as to said parcels are reduced to a total sum of $5,000.00 which
assessment the Council finds is in proportion to the benefits derived
by said parcels from the construction of said sewers, the owner of
said parcels having also granted to the City the necessary right of
way for said sewers over said property
2. The City Council does hereby
assessments set forth in said Sewer Special Assessment�Roll ne hNo at the
as corrected in the instance set forth in the h,
ppara
are fair and equitable and based upon benefitsderivedg
theraph,
respective parcels by the construction of the sewers proposed in said
District, in accordance with the plans of the city engineer and
resolutions of the City Council
3
o 4
corrected, is hereby aapproved and econfirrsedsinnall t oresll pects,
as herein
4 The amount of said roll shall be divided into
twenty (20) equal annual installments with interest from the date of
confirmation, except in such cases where the installments would be
less than ten ($10 00) dollars, in which event the number of install-
ments shall be reduced so that each installment shall be above and as
Page 1217
near $10 00 as possible, the first installment of which shall be due
and payable December 1, 19c4, and subsequent installments on December
1st of succeeding years
' Ill
5 Pursuant to the provisions of Sections 14 and 17 of
Ordinance No 31, as amended, the City Clerk shal endorse the date of
confirmation on the assessment roll, and the said assessment roll shall
then be immediately transmitted to the City '"reasurer who shall then
publish notice as is required by said Section 17, and mail assessment
statements to the respec:,ive property owners assessed in manner and
substance as required by said Section 17 Any property owner assessed,
may within sixty (60) days from the date of confirmation of the roll,
pay the whole or any part of the assessment without interest or penalty
6 The first installment shall be spread upon the 1954
City Tax Roll in manner required by Section 19 of Ordinance No 31, as
amended, together with interest upon all unpaid installments from the
date of confirmation of the roll to December 1, 1954, and thereafter one
installment shall be spread upon each annual tax roll, together with one
jearts interest upon all unpaid installments; Provided, '-however, that
when any annual installment shall have been prepaid in manner provided
by said Ordinance No. 31, eithe within the sixty (60) day period as
provided by Section 18, or after the expiration of the sixty (60) day
period as provided by Section 21, then there shall be spread upon the
tax roll for such year only the interest upon all unpaid installments
A roll call vote was taken on the foregoing resolution with the following result.
AYES Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS• None
A fifteen minute recess was called at 11:00 P Y., following which the
meeting was resumed with all members o' the Council present who were named as
present in the original roll call of this meeting.
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted as follows, it was
# 707 RESOLVED, that on recommendation of the Committee of the
Whole, the Council does hereby determine to reconsider its action
at the session of the regular meeting held on October 5, 1953, on
proposed Charter Amendment No. 5; and does further approve the
recommendations of the Committee of the Whole as to such
reconsideration and likewise as to the adoption of such amendment
By Councilman Whitehead, seconded by Councilman Carey and adopted as
16 follows, it was:
•
Page 1218
# 708 RESOLVED, that the City Council of the City of Livonia, by a
three-fifth (3/5) vote of the members elect and pursuant to the pro-
le visions of Section 21 of Act 279 of the Public Acts of Michigan of 1909,
as amended, and Section 4, Chapter III of the Charter of the City of
Livonia, does hereby propose tha+ there be submitted to the electors of
such City at the next special election the following amendment to said
Charter-
PROPOSED CHARTER AMENDMENT NO. 5
Sections 1 to 18, inclusive, of Chapter VI of the Charter
of the City of Livonia are hereby amended to read as follows:
Section 1 Charter Amendment; Present Law. This section
together with the following Sections 2 to 18, inclusive, of Chapter
VI of the Charter of the City of Livonia are enacted pursuant to
the provisions of Section 21 of Aet 279, Public Acts of Michigan,
1909, as amended, and are adopted as an amendment to such Charter
to „ake the place of Sections 1 to 18, inclusive, of said Chapter VI
which existed immediately prior to such amendment and which are here-
by abrogated and repealed by such amendment Except as hereinafter
otherwise prov...ded, all of the provisions of the present law, whether
gene-al or special, applying to the Justice Court of the City of
Livonia and relating to the power, jurisdiction and duties of the
111 Justice o� said Court, to appeals, and to the conduct of all
proceedings, suits and prosecutions before said Court, shall remain
in full force and effect and shall be followed and be applicable +o
the Municipal Court hereinafter created and the Municipal Judge who
qualifies hereunder .'o suit, cause or prosecution of any kind
commenced prior to the time saica amendme 't is adopted or pending
before the Justice of the Peace of the City of Li coria at that time,
shall be it any manner affected by the adoption of said amendment
Section 2 Justice Court Abolished. The Office of Justice
of the Peace of the City of Livonia and the Justice Court of the
City of Livonia, now existing in the City of Livonia, are hereby
abolished and said Municipal Judge, who qualifies hereunder shall be
and hereby empowered +o receive and take from said o''fice, so
abolished, all files, records and dockets kept therein, appertaining
to said office, and who shall be empowered to issue executions
according to law, upon any judg:r er+ appearing upon said dc„ket, with
the same effect as if said judgnert had bee: rendered by him, and
who sha.J..1 have transferred him any and all actions or proceedings
pendinb lr. said off.Lce so abcl.i',od, and who shall h-r:, full juri -
:Lc+mor o proceed :rte ca„h a..tions or pl oceedings _. the s,....e
manner as if +h.y had beer oug;t before hi:.. .,�iginally
Scc. on 3. Y-n-cipal r;u_ CraateJ. mhe powers, juris-
dicLior, and duties of said office so abolished shall be consolidated
into one court, to be termed The ", nicipal Court of the City of
Livonia, and said Court shall he presi rted over by one judge, who
Page 1219
shall be designated and known as Municipal Judge of ;,he City of
Livonia. Such Municipal Court is hereby created and established
pursuant to the provisions of Section 28 of Act 279, Public Acts of
Michigan, 1909, as amended
Section 4 Qualifications of Municipal Judge Such Muni-
cipal Judge shall be an attorney who shall have been admitted to
practice law in the Supreme Court for this State and who shall have
been a resident of the territory comprising the City of Livonia for
five years immediately preceding the date of his appointment or
election
Section 5. Appointment and Election of Municipal Judge
Such Municipal Judge shall in the first instance be appointed by the
City Council, such appointment to be effective on the date of the
filing of this amendment with the Secretary of State and County Clerk
as provided by law, and such appointee shall hold sub office of
Municipal Judge until his successor shall have been elected and
qualified as hereinafter provided Thereafter such Municipal Judge
shall be nominated and elected as nearly as may be, in the manner the
Mayor of the City of Livonia is nominated and elected, the first
election for such Municipal Judge to be held at the first general
municipal election following the adoption of this amendment, and at
each such election every six years thereafter, all in accordance with
the provisions of Section 28 of Act 279, Public Acts of Michigan of
1909, as amended
Section 6 Term of Office The term of office for such
Municipal Judge shall be six years and such term shall commence on the
first day of January following the election
Section 7. Compensation. Such Municipal Judge so appointed
or elected shall be paid a salary by the city of not less than $7,500 00
per annum, and not to exceed $15,000 00 per annum, which said salary
shall be in lieu of all fees both in civil and criminal cases to which
said judge or justice might be entitled but for the provisions of this
act which fees in civil cases shall be collected by said Municipal
Judge and turned over by him to the City Treasurer on the first and
fifteenth of each month, and which fees in criminal cases shall be
charged and presented to, and audited by the Board of Supervisors of
Wayne County in the same manner and amounts as provided by law in the
case of Justices of the Peace in townships, and upon the allowance by
said Board of Supervisors, such criminal fees shall be paid monthly
by said County of Wayne to the Treasurer of the City of Livonia for the
use and benefit of the said City of Livonia, and said Municipal Judge
shall turn over to the Wayne County Treasurer all costs and fines in
state criminal cases, and shall turn over to the City Treasurer all
costs and fines in City ordinance or charter cases, and shall account
to both the City and County for such costs and fines on the first of
each month The City Council shall fix the salary of such Judge
within the limits fixed by the Charter This section shall, in no
way, affect the fees to which the Municipal Judge may be entitled on
Page 1220
performance of marriage ceremonies, and taking acknowledgements or
administering oaths in matters which are
litigationbefore hir not connected in any
disabilitz In the evert of the absence, inability, or
of the regular Municipal Judge, the Council ma,-
compensation for any other Judge or Justice of the Peace who is
called upon to perform the duties of said regular Municipal Judge
udoe
Seco
tin S Bond.
elected shall,~ ore entering cuponntherJudgeal so appointed duties of his o Ticeor
give
a bond to the City of L,,vonia and a bond to the Treasurer of the
County of Wayne each in the sum of $5,000 00
sureties to be approved by � with sufficient
said County res + the City Council and by the Treasurer of
pec ively, conditioned for the faithful discharge of
the duties of his office
the City Clerk and the bond Tto the he dTreasurer to the �of said ty lCounty be lsha l with
filed with said Treasurer The premium on said bonds, if any, shall
be paid by the City o{' Livonia
Sect— z— o??9__ powers and Jurisdiction.
The Judge
of the City of Livonia shall have the sane powers, dutiespal ad juris-
diction in civil and crimanal cases and
conferred upon said Justice of the Peaceofthe City
as have been
Justices of the Peace under uhe general laws of the tf State,Livonia and
herein otherwise except as
provided The Municipal Judge shall have the
exclusive jurisdiction to hear, try and determine all charges for
III offenses and misdemeanors, alleged to have been committed with'
City and which, by the general he the
jurisdiction o�' Just,Lces of the Peacef qe the State,all have are within the
jurisdiction to hear and examine all charges nfor crime talleged he utove
have been committed within the
f the eate r examinable
and which b the general laws
o , a e xaminab7e by and before Justices of the Peace,
and hold to bail or commit for trial in the Circuit Court for Wayne
County He shall also have concurrent jurisdiction
with
other
Justices of the Peace of the CoUnt7 of Wayne, as to all crimes,
offenses and misdemeanors when alleged to have been committed with-
out said City, but within the County
of
such Municipal Judge in civil actions xWc ntractueaand rexddelicotoof
shall be increased to $500.00 and such
hereafter provided by the statutes of Michiman amount suchas may be
and restrictions as are provided bylaw :Municipalh exceptionssl
also have authority and original jurisdiction, an_ditshall dbe his
ll
duty to issue process in, hear, try and dete
all cases
persons charged with the violation of any of theepr'ovisions of athet
Charter or ordinances of the City of Livonia, and all suits and
prosecutions for uhe recovery and enforcing of fines, penalties and
forfeitures imposed by such Charter
offenders for the violation of said Charter iand cordpunish
astherein
prescribed and directed Said Municipal Judge shall also have all of
the powers, jurisdiction and duties which may be conferred upon a
Municipal Judge by State law, it being the intent of this section that
IIII
I
I
I
I
I
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Page 1221
such judge shall have and exercise all powers and authority which a
III Municipal Judge in cities may now or herearter be permitted to
exercise under the statutes of the State of Michigan, under this
Charter, or the ordinances of uhe City He shall also have all of
the powers, jurisdiction and duties provided or authorized by
Section 28 of Act 279, Public Acts of Michigan, 1909, as amended
Section 10 Lotion for New Trial Such Municipal Judge
shall have the same power and authoriuy to set aside a verdict or
judgment and grant a new trial therein, upon legal cause shown
therefor as the Circuit Courts of i,he State possess, provided, how-
ever, that a motion in writing be filed with such Municipal Judge
within five days after the rendition of the verdict or judgment in
said cause, which said motion shall briefly and plainly set forth
the reasons and grounds upon which it is made and shall be supported
by affidavits setting forth the facts relied upon to be filed at
the time of filing the said motion, and notice of hearing of such
motion, with cop, of the motion and affidavits filed as aforesaid,
shall be served upon the adverse party or his attorney at least two
days before the hearing thereof, and such motion shall be determined
within two days after the same shall have been heard and submitted
and such motion shall be submitted and heard withon one week after
the same shall have been filed, and the time for taking an appeal
from judgment, in case such motion be not granted, shall begin to
run from the time when such motion shall be overruled and in no case
III shall the pendencc of such motion stay the issuing and levy of an
execution in such case, but in case of a levy under execution
pending such action, no sale of the property so levied on shall be
advertised or made until the final determination of such motion
Section 11 Clerks Such Municipal Judge may appoint a
Chief Clerk and one or more Deputy Clerks, subject to confirmation
of the City Council. Such clerks shall, by virtue of their office,
be empowered to administer oaths to persons making affidavits for
writs in civil causes and to issue all processes and test the same
in the name of such Municipal Judge, and shall be required to
collect all fines in civil causes and all costs and fines in
criminal causes and all moneys paid into court for security for
costs, bail or otherwise and to enter a record of the same in books
xept by them for that purpose and to pay over the same to the
authorities of the city or county or other persons entitled to the
same, and such books of such clerks shall be audited at least once
each year to ascertain that such books are correctly kept and that
all moneys received have been properly accounted for Such clerks
shall before entering upon the duties of their office, give such
bond as may be required by the City Council and shall Perform such
other duties as may be from time to time prescribed by the City
Council
Section 12. Absence or Disability of Judge. Whenever
lii such Municipal Judge is unable to act in any cause pending before
him, such cause, at the time the matter comes before him, may be
1
I
Page 1222
transferred, upon his order, or in case of his absence, by the clerk
to ene of the Justices of the Peace of Wayne Count
ut any
notice to the parties in such cause, but a note of�suchhtransfer shall
be entered upon the docket of the case, and when two or more Judges or
Justices shall have acted in any one cause or proceedings, the docket
shall be signed in the manner and within the time
the Judge or Justice who shall have provided by law by
cause given the final judgment in such
1291322/2_121 Court Officer. The City Council may appoint a
court officer for such Municipal Court, who shall have all the duties
and powers of court officer it the Circuit Courts of the State Such
court officer shall be paid such salary and have such further duties
as may be prescribed by the Councdl and shall serve during the pleasure
of the Council
Section 14. Jury Trials Each period of
out the year, beginning on the first dad'- of February,
Ma ,AAuonus ro
st t and
Novemberr respectively, is hereby designated and established as aterm
for trial of jury cases and during each such term such cases may be set
for trial upon one or more certain days of each month, or as soon there-
after as such trial can be reached A panel of jurors shall be drawn
'rorn the citizens of the City having the qualifications of electors of
the City for each panel, to serve at each term of such court Such
selection of jurors to serve in each case shall be made, as nearly as
may be, in the same manner as provided by law in circuit courts, but
the trial of such cause by jury shall be otherwise conducted as pro-
vided by law for trials by jury before justices of the peace in town-
ships, except that it shall be the duty of the Municipal Judge to
instruct the jury as to the law applicable to the case, which
instructions shall be received by the jury as the law in the case. As
soon as all jury cases set for an/ term, and ready for trial, shall
have been disposed of, the panel o1' jurors called for said term shall
be discharged; provided, however, that when there is nou
ry in
Judge`� be
attendance in the Court, the Municipal d d
ship from delay i , in °raer to avoid hard-
ma,,, in his discretion, order a jury impaneled in
accordance with the method provided by law to secure a jury in trials
before justices of the peace in townships The Council may, in its
discretion, pass an ordinance embodying the provisions of Act No 238
of the Public Acts of 1020 governing the selection of jurors from
among the qualified electors of the City amd for the conduct of trials
by jury, insofar as such act provides therefor in the event that the
Council shall pass sucr ordinance, the provisions thereof shall prevail
over the provisions of +his section insofar as they may be inconsistent
therewith Act 179, Public Acts of Michigan of 1951, providing an
optional method of selecting and drawing juries, and for proceedings
in rela+ion thereto, shall become effective upon the giving of written
notice by the judge as provided in Section 19 of such Act
Section_ 15. Fees and Costs All the provisions of the
general laws of the State in relation to the fees and costs chargeable
Page 1223
III in the several proceedings in the Justice Court in townships shall
apply to the Municipal Court of this City In any instance where
the State law does not expressly provide for the charging or assess-
ing of fees and costs, and permits the City to provide for the same,
.he Council maty establish such fees and costs by ordinance and
provide for the charging or assessing thereof All such fees and
costs shall be collec+ed for +he use and benefit of the City or
Livonia
Section 16 Financial Procedure. The Municipal Judge shall
make an itemized morthl,, report to the Council of all of the fees,
costs and fines collected in all proceedings before the Municipal
Court, which report shall be oiled with the Council during the month
following t.hP month it which suc"^ fines, costs and fees were
collected The books of the Municipal Court shall be audited a+
least once each year to ascertain that they a^e correctlj- kept and
that all monies received have been properly accounted for The City
Council shall, provide all things reasonably necessary to the
efficient operation or the ivTunicipa]. Court, inclading ,,lexical
services, court roorr furniture, fuel, lights, telephone, office
supplies, sta+.Lonery, e ;.ipmert, books, postage, legal forms and
o+he- i+ems reasonably required it the business o`' said Court
Section 1J. Court Rules, Sessions and Seal The Municipal
Judge shall make written recommendations to the City Council as to
IL reasonable and proper rules for the regulation and conduct of the
Municipal Court, which rules shall not he inconsistent with the pro-
visions of this Charter and the general laws of the State; and he
shall also make written recommendations as to the days and hours
during which sessions of the Court shall be held After consideration
of such recommendations or in the event of the failure of the
Municipal Judge to furnish the same to the Council within thirty days
after request, the City Council shall adopt an ordinance providing all
necessary and proper rules for the regulation and conduct of the
Municipal Court and fixing the days and hours during which sessions of
such Court shall be held. The Municipal Court shall have a seal of
office and copies of all records thereof duly certified by the judge
or clerk under seal to be correct, shall be received in evidence in
all the courts of the State The seal shall bear the words "Municipal
Court of Livonia, Michigan rt
Section 18. Constables. The constables elected or appointed,
as provided in this Charter, shall each have like powers and authorities
in matters of civil and criminal nature and in relationship to the
service of process, civil and criminal, as are conferred by law on
constables in townships Each constable shall have power also to serve
all processes issued for breaches of ordinances of the City The only
compensation of the constable shall be the statutory fees of that
office, and an accounting of such fees collected in this City shall be
made to the City in the manner prescribed by State law or in any rules
IL which may be established for the regulation and conduct of the Municipal
Court by the Council The bond of each constable shall be a corporate
i
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Page 1224
surety bond in the amount required of constables in townships, the
cost of such bond to be paid by the City. The Council whenever it
is permitted by this Charter to appoint a constable, may appoint as
such constable a police officer Whenever a police officer shall
serve as constable, the statutory fees which he shall receive in
such capacity shall be paid into the City Treasury
that the existing charter provisions which would be altered or abrogated
by the foregoing proposed amendment is Sections 1 to 18, inclusive, of
Chapter VI, that Monday, December 14, 1953, is hereby designated as the
date for holding a special election on said proposed amendment and
question; that a certified copy of said proposed amendment and this
resolution be forthwith transmitted by the City Clerk to the Governor of
Michigan for his approval; that the City Clerk shall promptly and fully
comply with all of the provisions of Section 21 of said Act 279, as
amended, and shall do and perform all acts required by State law and the
Charter of the City of Livonia relative to the calling and holding of such
election, the giving of notice thereof, the registration of electors and
preparation of ballots therfor, and the making of all necessary arrange-
ments for such election, that blank paper ballots for the use of electors
at said election be printed in substantially the following form.
BALLOT
Instructions: A cross (X) in the square before
the word "YES" is in favor of the proposed amendment to the
City Charter, and a cross (X) in the square before the
word "NO" is against the proposed amendment
Before leaving the booth, fold the ballot so that the
initials of the inspector may be seen on the outside
AMENDMENT NO 5
An Amendment Abolishing The Justice Court and Creating A
Municipal Court Pursuant To The Provisions of Section 21 of
Act 279, Public Acts of Michigan, 1909, As Amended
The purpose of this amendment is to abolish the present
Justice Court of the City of Livonia and to create, in place
thereof, and pursuant to the provisions of Section 21 of Act 279,
Public Acts of Michigan, 1909, as amended, a Municipal Court with
all of the jurisdiction, powers and duties provided in Section 21
of said Act 279, and to provide for the election, term of office,
compensation and bond of the Municipal Judge, for the appointment
of clerks, court officers, and constables, and for the rules,
procedure and operation of such Court
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Page 1225
Shall Sections 1 to 18, inclusive, of Chapter VI of the
111 Charter of the City of Livonia be amended to abolish the present
Justice Court of such City and to create in place thereof a
Municipal Court as provided by Section 21 of Act 279 of the
Public Acts of Michigan, 1909, as amended'
D YES
U NO
that said proposed Charter amendment shall be published in full with exist-
ing Charter provisions which would be altered or abrogated thereby, that
said proposed amendment in full shall be posted in a conspicuous place in
each polling place, and that the canvass and determination of the votes on
said proposed amendment shall be made in accordance with the laws of the
State of Michigan
A roll call vote was conducted on the foregoing resolution with the following result.
AYES Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe
NAYS* None.
By Councilman Grimm, seconded by Councilman Carey and adopted as follows,
it was
# 709 RESOLVED, that, pursuant to the request of the Department
of Public Works dated October 1, 1953, approved by the Mayor as an
emergency purchase, the Department of Public works purchase one (1)
International TD-14 Bull-Clam from Wolverine Machinery and Equipment
Company, which was the lowest bid received; that the sum of
: 14,602 50 is hereby appropriated from the Unallocated Fund to the
Department of Public Works for the purchase of said machine, and
that a purchase order be executed in conformance with this resolution
A roll call vote was conducted on the foregoing resolution with the following result.
AYES. Grimm, Edgar, Bower, Whitehead, Carey, Taylor and Wolfe.
NAYS None
On motion of Councilman Whitehead, seconded by Councilman Taylor and
unanimously adopted, this meeting was duly adjourned. The time of adjournment
being 11.40 P M , on October 8, 1953.
a
f�
/Marie W Clark, City Clerk
Attested /
Harr/S Wol l President