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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-09-05 SPECIAL 13944 MINUTES OF THE ONE HUNDRED FIFTIETH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter IV of the City Charter, the above meeting was held September 5, 1973, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approx- imately 7 30 P M. Roll was called with the following result Present--Robert F Nash, Jerry H Brown, Peter A. Ventura, Jerry Raymond, Edward G Milligan, Robert E McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present Edward H. McNamara, Mayor, Addison W. Bacon, City Clerk, and Harry C. Tatigian, City Attorney. By Councilman Ventura, seconded by Councilman Milligan, it was #725-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 4, 1973, approved for submission by the Mayor, with regard to Council resolution No 642-73, adopted on July 25, 1973, the Council of the City of Livonia by a three-fifths (3/5) vote of the said Council and pursuant to provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby determine to amend and revise Council resolution No 642-73, adopted on July 25, 1973, so as to have said resolution read as follows RESOLVED, that the Council of the City of Livonia, by a three-fifthz. (3/5) vote of the members of the said Council, and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Sections 7 and 10 of Chapter V, by adding a new Section 17 to Chapter V, and by changing Sections 2 and 7 of Chapter VII, which changed sections and new section shall read as follows Chapter V. Section 7, Powers and Duties of Clerk. (a) The Clerk shall be clerk of the Council and shall attend all meetings of the Council and keep a permanent journal of the proceedings in the English language, (b) He shall keep a record of all ordinances, resolutions, and actions of the Council; (c) He shall have power to administer all oaths required by State Law, this Charter, and the ordinances of the City, (d) He shall be custodian of the City seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the name, 13945 (e) He shall be custodian of all papers, documents, and records pertaining to the City of Livonia, the custody of which is not otherwise provided for by this Charter, (f) He shall give the proper officials of the City ample notice of the expiration or termination of any official bonds, franchises, contracts or agreements; (g) He shall examine and audit all accounts and claims against the City; (h) He shall issue and sign all licenses granted after the license fee has been paid to the City Treasurer, and shall register the same, (i) He shall possess and exercise the powers of a township clerk so far as the same are required to be performed within the City, (j) He shall certify by his signature all ordinances and resolutions enacted or passed by the Council; (k) He shall perform such other duties as are required of him by State or Federal Law, this Charter, the Council or the ordinances of the City. Chapter V, Section 10 Administrative Departments. The following administrative departments are hereby established. 1. Department of Public Safety 2. Department of Public Works 3. Department of Assessment 4. Department of Law 5. Department of Parks and Recreation 6. Department of Civil Service 7. Department of Finance The Council may create or abolish a Department of Health, and such other departments, boards, commissions or agencies as it may deem necessary in conformity with Law and the provisions of this Charter. The Mayor, with the approval of the Council, may combine any administrative offices in any manner not inconsistent with State Law, and may thereafter separate any offices thus combined, except that the Department of Civil Service shall not be combined with any other department, office or board. Chapter V, Section 17. Department of Finance. (a) Department of Finance, Management and Control The depart- ment of finance shall be under the general management and control of a Director of Finance, who, with the consent of the Mayor, shall establish such divisions within his department as shall be necessary to carry on the functions of the department efficiently and adequately. The Director of Finance shall be a certified public accountant, and the appointing authority for his department. Each division 13946 head shall be under the direction of and directly responsible to the Director of Finance. The functions of the department of finance shall include (1) Supervision over the administration of the financial affairs of the City; (2) The keeping of accounts and financial records of the City and all departments and agencies of the City government, (3) Supervision and responsibility for the purchase, custody and distribution of all the supplies, materials, equipment and other articles used by any office, department or agency of the City government, (4) The preparation of the annual budget(s) for the Mayor. The Director of Finance shall have the authority to do all things that are necessary and incidental to carrying out the functions of the department of finance (b) Director. The Director of Finance shall be responsible for and shall be required to (1) Submit to the Mayor and the Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City, (2) Prepare for the Mayor and the Council within sixty (60) days after the close of each fiscal year a complete financial statement and report, (3) Provide for the examination and approval of all contracts, orders and other documents by which the City government incurs financial obligation, having previously ascertained that monies have been appropriated and allotted and will be available when the obligation shall become due and payable, (4) Keep a system of accounts which shall conform to such uniform system as may be required by law, (5) He shall perform such other duties as may be prescribed of him by State Law, this Charter, the ordinances of the City, the Mayor or by the Council Chapter VII, Section 2. Financial Control. The Director of Finance shall maintain such accounting control over the finances of the City, make such financial reports and perform such other duties as may be required by State Law, this Charter, the ordi- nances of the City, the Mayor or by the Council. The City Clerk shall audit and approve all liquidated claims against the City and the Treasurer shall pay the same on duly certified vouchers 139+7 Chapter VII, Section 7 Budget Control. At the beginning of each quarterly period during the fiscal year, and more often if required by the Council, the Director of Finance shall submit to the Council data showing the relation between the estimated and actual income and expenses to date; and if it shall appear that the income is le:; than anticipated, the Council or Mayor may reduce appropriations for any item or items, except amounts required for debt and in- terest charges, to such a degree as may be necessary to keep expenditures within the cash income If the revenues exceed the amounts estimated in the budget, the Council may make supplemental appropriations. RESOLVED FURTHER, that the provisions of the existing sections of the Charter of the City of Livonia which are altered, abrogated or affected by these proposals, if adopted, now read as follows Chapter V, Section 7 Powers and Duties of Clerk (a) The Clerk shall be Clerk of the Council and shall attend all meetings of the Council and keep a permanent journal of its proceedings in the English language, (b) He shall keep a record of all ordinances, resolutions, and actions of the Council, (c) He shall have power to administer all oaths required by State Law, this Charter, and the ordinances of the City, (d) He shall be custodian of the City seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the name, (e) He shall be custodian of all papers, documents, and records pertaining to the City of Livonia, the custody of which is not otherwise provided for by this Charter, (f) He shall give the proper officials of the City ample notice of the expiration or termination of any official bonds, franchises, contracts, or agreements, (g) He shall examine and audit all accounts and claims against the City, (h) He shall be the general accountant of the City and shall keep the books of account of the assets, receipts, and expenditures of the City, (i) He shall issue and sign all licenses granted after the license fee has been paid to the City Treasurer, and shall register the same, (j) He shall possess and exercise the powers of a township clerk so far as the same are required to be performed within the City, (k) He shall certify by his signature all ordinances and resolutions enacted or passed by the Council; 13948 (1) He shall perform such other duties as are required of him by State or Federal law, this Charter, the Council or the ordinances of the City. Chapter V, Section 10. Administrative Departments. The following administrative departments are hereby established 1. Department of Public Safety 2. Department of Public Works 3 Department of Assessment 4. Department of Law 5. Department of Parks and Recreation 6. Department of Civil Service. The Council may create or abolish a Department of Health, and such other departments, boards, commissions or agencies as it may deem necessary in conformity with Law and the provisions of this Charter. The Mayor, with the approval of the Council, may combine any administrative offices in any manner not inconsistent with State Law, and may thereafter separate any offices thus combined, except that the Department of Civil Service shall not be combined with any other department, office or board. Chapter VII, Section 2. Financial Control The City Clerk shall maintain such accounting control over the finances of the City, make such financial reports and perform such other duties as may be required by this Charter, by ordinances or by the Council He shall audit and approve all liquidated claims against the City and the Treasurer shall pay the same on duly certified vouchers. Chapter VII, Section 7 Budget Control At the beginning of each quarterly period during the fiscal year, and more often if required by the Council, the Clerk shall submit to the Council data showing the relation between the estimated and actual income and expenses to date, and if it shall appear that the income is less than anticipated, the Council or Mayor may reduce appropriations for any item or items, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the cash income. If the revenues exceed the amounts estimated in the budget, the Council may make supplemental appropriations. RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law. RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the Regular City Election to be held on November 6, 1973, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law 13949 LRESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: Are you in favor of approving amendment of the Charter, Chapters V and. VII, so as to change the method of handling the City's finances by establishing a Department of Finance, provide for its duties under the general management and control of a director to be appointed by the Mayor, and to transfer the City Clerk's function in relation thereto? Yes / / No ,C2 RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Regular City Election to be held on November 6, 1973. RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the machine booths and in the polling places L in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, McCann, Brown, Milligan, Raymond, Nash and Ventura. NAYS. None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, this 150th Special Meeting of the Council of the City of Livonia was duly adjourned at 7 35 P M. , September 5, 1973. 140 ADDISON W. BA Milk erk L