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HomeMy WebLinkAboutCOUNCIL MINUTES 1955-02-03 Page 1738 MINUTES OF THE TWENTY-SIXTH SPECIAL MEETING OF ThT COUNCIL OF THE CITY OF LIVONIA On February 3, 1955, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council, John T. Daugherty at 7:48 P. M. Roll was called with the following result: Present-- John T. Daugherty, David L. Jones, Harry R. Killam, Rudolf R. Kleinert, John W. Whitehead and Wilson W. Edgar. Absent-- Nettie Carey. Councilman Carey waived her right to notification and attendance, pur- suant to Section 8, Chapter IV of the Charter. After some discussion, a recess was called at 8:40 P. M., after which the meeting was resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Killam, seconded by Councilman Jones, it was #57-55 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 provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that there be submitted to the electors of such City at the regular Spring election, on April 4, 1955, the following amendment to said Charter: PROPOSED CHARTER AMENDMENT NO. 2 Sections 1, 2, 3, 6, 8, 11, 12, 13 and 14 of Chapter III of the Charter of the City of Livonia are hereby amended to read as follows: Section 1, Qualifications. Each person who has the constitutional qualifi- cations of an elector in the State of Michigan, or who will have such qualifications at the next primary or regular or special election to be held in the City, shall be entitled to register as an elector of the City of Livonia in the voting precinct in which he resides. Section 2. Election Procedure. The General Election Laws of the State shall apply to, and control, as nearly as may be, all procedures relating to registration of electors in the City and to the conduct of primary, regular, and special City elections therein, except as such general laws relate to political parties or partisan procedure and except as this Charter may otherwise provide. Section 3. Primary and Regular Elections. (a) A non-partisan City primary election shall be held on the third Monday in February of each even-numbered year. If, upon the expiration of the time for filing nomination petitions for any elective city office, it appears that petitions have been filed for no more than twice the number of Page 1739 candidates for such office to be filled at the next city election, then no primary election shall be held in respect to such office. (b) A non-partisan regular City election shall be held on the first Mon- day in April of each even-numbered year, at which time the elective officers of the City shall be elected. Section 6. Notice of Election. Notice of the time and place of holding any primary, regular or special City election and of the officers to be nominated or elected and the questions to be voted upon, shall be given by the Clerk in the same manner and at the same times as provided in the State Election Laws for the giving of notices by township clerks in State elections. However,in case of elections or fran.., chises and recalls, notice shall be given as required therefor by this Charter or by State Law specifically applicable thereto. Section $. Nomination Petitions. No candidate's name shall be placed upon the ballot, for nomination or election to any City office unless there shall be filed with the City Clerk a nomination petition, accompanied by a deposit of fifty (50) dollars and an affidavit of the candidate verifying his residence continuously in the City for the required period of two (2) years next preceding the election and stating the facts as to any change in the candidate's name. Such nomination petition shall be signed by one qualified elector of the City other than the candidate. After the filing of a nomination petition in behalf of any candidate proposed for any City office, such candidate shall not be permitted to withdraw unless written notice is served on the City Clerk not later than three (3) days after the last day for filing such petition. After filing fees so deposited shall be paid to the City Treasurer and shall not be re- funded except as herein otherwise provided. Within five (5) days subsequent to the final certification of the results of any primary election by the Board of City Can- is' vassers, on account of which such deposits were made, the City Treasurer shall secure from the City Clerk a certification showing the total number of votes cast at such primary election for each candidate for the various City offices and the address as shown on the nomination petition. It shall then be the duty of the City Treasurer to forward by registered mail to each such candidate a statement showing the total number of votes cast for each candidate seeking nomination for the office for which such can- didate was a contestant. The City Treasurer shall refund to such candidates as are nominated in accordance with Section 11 hereof, an amount equal to the sum deposited at the time the nomination petition was filed; otherwise such deposit shall be for- feited and Haid into the general fund of the City. Such nomination petitions shall be received by the City Clerk not later than four (4) o'clock in the afternoon of the thirty-fifth (35th) day preceding such primary election. The form of nomination petition and affidavit shall be substantially as follows: NOMINATION PETITION AND FEE I hereby file this nomination petition in behalf of - (Name) (Residence) who is a qualified and registered elector of Livonia, Michigan , and who has been a resident of said City con- tinuously for at least two (2) years next preceding the primary or ele ction hereinafter mentioned, as a candidate for the office of at the election of and deposit with the City Clerk , the amount required by law. Page 1740 Filed by imm Address Tel. AFFIDAVIT AS TO CHANGE OF NANE Sec. 21, Chapter III, Part III, Act 351, Public Acts of 1925 (as amended). STATE OF MICHIGAN ) COUNTY OF WAYNE ) ss being duly sworn, deposes and says he has/has not changed his or her name since January 1, 1933, and that the statements contained in the foregoing petition are true. Deponent further says that his or her name n rio r to such change was (Signature of Affiant Subscribed and sworn to before me, a Notary Public in and for said. County this _ _ _day of , 19_ _. Notary Public, Wayne County, Michigan My Commission expires: Lir RECEIPT Received petition and fee above designated: (Date _ _ _ City Clerk (By) Received fee specified City Treasurer NOTE: In accordance with the provisions of the Livonia City Charter any refund which may accrue to this account will be made only to the candidate whose name appears hereon. Section 11. Form of Ballots. The form of the ballot used in any City primary or election shall conform as nearly as may be to that prescribed by the General Laws of the State, except that no party designation or emblem shall appear thereon. Names of candidates shall be placed on the primary ballot for only such offices as shall have more than twice the number of candidates to be elected seeking such office to be filled at the following regular City election. Where a primary election is held with respect to any office or offices, the candidates at the primary election receiving the highest two (2) numbers of votes cast respectively for Mayor, City Clerk, and City Treasurer; the eight (8) persons receiving the highest eight (8) numbers of votes cast for candidates for Councilman; plus two (2) for each vacancy that may exist pursuant to Chapter IV, Section 4, hereof; the two (2) persons receiving the highest two (2) numbers of votes cast for candidates for the office of Justice of the Peace; and the four (4) persons receiving the highest four (4) Page 1741 numbers of votes cast for candidates for the office of Constable, together with the Ibm names of candidates not required to be placed on the primary election ballot, shall be printed on the ballot at the regular City election. The names of qualified nominees for each office shall be listed in a single column and shall be rotated on the ballots. Ballots shall, in case of a change of name, show first the candidate's present name, followed by parenthesis enclosing such candidate's prior name preceded by the word "formerly". In all other respects the printing and numbering of ballots shall conform to the General Laws of the State relating to elections. Section 12. Canvass of Votes. The Council shall be the Board of Canvassers to canvass the votes cast at all City primaries or elections under this Charter. The Council shall meet on the first Thursday after each City primary or election and publicl; canvass the returns of such City primary or election, and shall determine the vote upon all questions and propositions, and declare whether the sane have been adopted or re- jected and what persons have been duly nominated or elected at such City primary or election. The candidate, or candidates, where more than one are to be nominated or elected to the same office, whp shall receive the greatest number of votes shall be declared nominated or elected. Section 13. Tie Vote. If, at any City primary or election, there shall be no choice between candidates by reason of two (2) or more persons having received an equal number of votes, then the Council shall name a date for the appearance of such persons for the purpose of determining the nomination or election of such candidates by lot as provided by State Law. No other rode of determining such City primary or election shall be permitted. Should any person or persons fail or refuse to appear in person or by representative to determine the result of any tie City primary or election lamat the time and place named by the Council, such determination shall be made by lot in his or their absence at the direction and under the supervision of the Council. Such determination shall in any event be final. Section 14. Recount. A recount of the votes cast at any City primary or election for any office, or upon any proposition, may be had in accordance with the General Election laws of the State. All Charter provisions, acts or parts of acts in conflict herewith are hereby repealed. that the existing ChaAer provisions whi ch would be altered or abrogated by the foregoing proposed amendment are Sections 1, 2, 3, 6, E , 11, 12, 13 and 14 of Chapter III; that Monday, April 4, 1955, is hereby designated as the date for holding an 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 t herefore, and the making of all necessary arrangements 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 i..J before the word "YES" is in favor of the proposed amendment to the City Charter, and a cross (x) in the square1:3 before the word "NO" is against the proposed amendment. Page 1742 Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside. AMENDMENT NO. 2 An Amendment to Provide For Primary Elections for Elective Officers of the City. The purpose of this Amendment is to provide primary elections for the select- ion of candidates for the elective officers of the City. Shall Sections 1, 2, 3, 6, 8, 11, 12, 13 and 14 of Chapter III of the Charter of the City of Livonia be amended to orovide primary elections for the selection of can- didates for the elective officers of the City? L YES I--1 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 taken on the foregoing resolution with the following result: imm AYES: Jones, Killam, Kleinert, Whitehead, Edgar and Daugherty. NAYS: None. By Councilman Edgar, seconded by Councilman Killam and unanimously adopted, it was #58-55 RESOLVED, that the City Clerk is hereby authorized to do all things reasonably necessary as to the publication of the proposed Charter amendment. On motion of Councilman Jones, seconded by Councilman Whitehead and unanimously adopted, this 26th special meeting of the City Council was duly adjourned at 10:03 P. M. J , . y1 ._%// Attested: Mame 1n. Clark, City Clerk • J.. !_ughe rty, President of4? Council Rudolf R. Kleinert, Vice President of the Council