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HomeMy WebLinkAboutElection Canvasses - 1979.04.02 - 1361/ CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 3(8) of Chapter II of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER II GENERAL POWERS -Section 3(8). To regulate _the height, construction and. loca- tion of fences. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,659 in favor of and 1,191 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. hyllks Armour, City Clerk hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard Austin, Secretary of State CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) T, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 5(1) of Chapter II of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER II GENERAL POWERS Section 5(1). To regulate and license hotels, rooming houses, boarding houses, restaurants, and single and multiple dwelling rental units. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,970 in favor of and 956 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. Phyllis Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard Austin, Secretary of State CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 3 of Chapter III of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER III PLAN OF GOVERNMENT Section 3. The members of the commission shall be elected on a non-partisan ticket from the City at large and shall be subject to recall as provided by the laws of the State. No person shall be eligible to the office of commissioner whO shall not be an elector in the City and who has not been a resident of the City for at least one (1) year immediately prior to his election. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,780 in favor of and 1,215 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. Phylli§ Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State 732 CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 19 of Chapter IV of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER IV REGISTRATIONS, NOMINATIONS AND ELECTIONS Section 19. --The polls -tor- all-municipal- elections-shall be. open at 7:00 a.m.- of election day and remain • open until 8:00 p.m. of said day. I do hereby certify that at said election, the vote upon said Charter Amendment was 2,320 in favor of and 585 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. hyl1i6 Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan do hereby certify the following to be a true and complete copy of Section 23 of Chapter IV of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City of the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER IV REGISTRATIONS, NOMINATIONS AND ELECTIONS Section 23. If at any election of municipal officers it shall appear that two or more persons have an equal number of votes for the same office for which but one person is to be elected and the same shall be the highest number of votes cast therefor, the canvassing board, after notice to each of such candidates of a time and place therefor, shall determine the successful candidate by lot and shall declare and certify the same accordingly. Such determination, however, shall not preclude the right of either candidate to a recount of the votes cast as provided by State law. I do hereby certify that at said election, the vote upon said Charter Amendment was 2,198 in favor of and 630 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture thj„s 30th clay of April, A. D., 1979. PhylliTrImour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 25 of Chapter IV of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of. saidCity at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER IV REGISTRATIONS, NOMINATIONS AND ELECTIONS Section 25. No person shall be qualified to hold any elective office under this Charter without having been a resident of the City of Birmingham for one (1) year immediately prior to elec- tion and maintaining such residence during the term of office. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,922 in favor of and 929 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. Phyllig Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State /56 CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a ture and complete copy of Sections 9, 10, and 11 of Chapter V of the Charter of said City, being an amendment to said Charter and approved by a vote of the elec- tors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER V ORDINANCES Section 9, 10 and 11. Deleted. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,464 in favor of and 796 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. PhyllA Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State Phyl1i6 Armour, City Clerk /3 7 CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 13 of Chapter V of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER V ORDINANCES Section-12—Referendum. The qualified electors of the etty- " shall have power to require reconsideration by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance, to approve or reject it at a City elec- tion, provided that such power shall not extend to the budget or capital program, any ordinance adopted under the City's zoning power, any emergency ordinance or any ordinance relating to appropriation of money or levy of taxes, regulation of hours of employment, retirement benefits, fringe benefits or salaries of City officers or employees. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,407 in favor of and 1,198 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State /? CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) 1, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 3(h) of Chapter VII of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER VII GENERAL FINANCE Section 3(h). Supervise all purchases, establish specifica- tions for material purchased, determine that material or equip- ment has been received prior to payment therefor, maintain custody of all supplies, material and equipment, and provide for transfer or sale of same. do hereby certify that at said election, the vote upon said Charter Amendment was 1,864 in favor of and 882 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. Phyllfs Armour, City Clerk hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and, complete copy of Chapter VIII of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City of the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER VIII BONDS Section 1. Subject to the applicable provisions of State law and this Charter, the City Commission, by proper ordinance or resolution, may authorize the borrowing of money for any pur- pose within the scope of the powers vested in the City and the issuance of bonds or other evidences of indebtedness of the City therefor, and may pledge the full faith, credit, and resources of the City for the payment of the obligations created thereby. Any capital improvement items contained in the budget may be financed by the issuance of bonds as a part of the budget system of the City, but the amount of bonds authorized for that purpose, together with the taxes levied for the same year, shall not exceed the limit of taxation authorized by law. The budget shall indicate the items to be so financed by bonds. Section 2. Except as otherwise provided by State law, no bonds shall be issued until the issuance thereof has been approved by the electors of the City voting thereon at a general or special election held in compliance with the general laws of the State. Section 3. Each bond or other evidence of indebtedness shall contain on its face a statement specifying the purpose for which the same is issued and it shall be unlawful for any officer of the City to use the proceeds thereof for any other purpose. Whenever the proceeds of any bond issue or any part thereof shall remain unexpended and unencumbered for the purpose for which the bond was made, the City Commission may authorize the use of the unexpended and unencumbered funds for (i) the retirement of the bond issue or if the bond issue has been fully retired, then for the retirement of other bonds of the City or (ii) for any other purpose permitted by law. Section 4. All bonds and other evidences of indebtedness issued by the City shall be signed by the mayor and countersigned by the City Clerk under the seal of the, City. Execution of bonds by either the mayor or the City Clerk, but not by both, may be by facsimile signature. Interest cbUpons may be executed with the facsimile signature of the mayor and the City Clerk. The seal of the City may be impressed or printed on the bonds or other evidences of indebtedness. Section 5. The City Commission shall, subject to the general laws of the State, have authority to borrow money in anticipa- tion of the payment of special assessments made for the purpose of defraying the cost of any public improvement, or in antici- pation of the payment of any combination of such special assess- ments, and to issue bonds therefor. The special assessment bonds may be an obligation of the special assessment district or districts or may be both an obligation of the special assess- ment district or districts and a general obligation of the City. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,979 in favor of and 677 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. Thereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Sections 1 and 3 of Chapter XVI of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER XVI LIBRARY Section 1. The City shall maintain the public library, nom known as "Baldwin Library", as a free public library for the use and benefit of the inhabitants of the City in all respects in accordance with the conditions of the Donation Deed of the Birmingham Library Association to the Village of Birmingham bearing date the 18th day of June, A.D. 1907, and recorded in the office of the Register of Deeds for Oakland County, Michi- gan, in Liber 224 of Deeds on Pages 150, 151 and 152, and to that end, the commission shall levy a tax of not less than one- half (-1-.) mill and may levy a tax in total amount of not more than one and three -quarters (1 -3/4) mills on the dollar annually on all the taxable property of the City, such tax to be levied and collected in like manner with the other general taxes of the .City and to be known as the "Library Fund". Section 3. There shall be a library board consisting of six (6) directors, two (2) of whom shall be elected at each annual City election, to hold office for a term of three (3) years and until their successors are elected and qualified. The members of the library board elected to office prior to the adoption of this section, as amended, shall continue to serve as members of said board hereunder until the end of the term of office for which they were elected and until their successors are elected and qualified in the manner herein provided. Immediately after each annual City election, the directors shall meet and organize by the election of one of their numbers, president, and by the election of such other officers as they may deem necessary. The treasurer of the City of Birmingham shall be treasurer of the library board ex officio. The directors shall make and adopt such bylaws, rules and regulations for their own guidance and for the government of the library as they deem expedient and may exclude from the use of the library any and all persons who shall willfully violate said rules. They shall have the exclusive control of the expendi- ture of all moneys deposited to the credit of the library fund, which moneys shall be disbursed only by the director of finance and the City treasurer upon vouchers properly authenticated by the library board. The library board shall have the super- vision, care and custody of the building and rooms of said library without any charge or expense for the use thereof. The City Commission shall provide for the maintenance of the grounds and building in a safe and presentable condition and shall pay the expense thereof from the general funds of the City. The board shall have power with available funds provided herein to purchase or lease additional grounds, to occupy, lease or erect an appropriate additional building or buildings for the use of the library; shall have power to appoint a suit- able librarian and necessary assistants and fix their compensa- tion; shall have power to remove such appointees, and shall, in general, have power to do everything necessary for the main- tenance and operation of a free public library. It shall be the duty of the board of directors to prepare an estimate of the amount of money necessary for the support and maintenance of such library for the ensuing fiscal year, which estimate shall not exceed one and three-quarters (1-3/4) mills on the dollar of the taxable property of the. City and to report such estimate prior to April 1 of each year to the City Commission for assessment and collection as provided by law. The library board is empowered to fill any vacancy occuring on said board by the appointment of a person to hold such office until the next annual election. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,915 in favor of and 1,072 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. Phylli'S Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State /z// CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 2 of Chapter XVII of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER XVII MISCELLANEOUS Section 2. The official time for the State of Michigan as determined by State law shall be the official time of the City. Any reference herein to time shall be construed to be according to official time of the City. I hereby certify that at said election, the vote upon said Charter Amendment was 2,594 in favor of and 291 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. us Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on • A.D., 1979. Richard H. Austin, Secretary of State CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Section 7 of Chapter XVII of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 CHAPTER XVII MISCELLANEOUS Section 7. Deleted. I hereby certify that at said election, the vote upon said Charter Amendment was 1,460 in favor of and 743 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture this 30th day of April, A.D., 1979. PhyllfS Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State //5 CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM) I, the undersigned, the duly qualified clerk of the City of Birmingham, Oakland County, Michigan do hereby certify the following to be a true and complete copy of Section 9 of Chapter XVII of the Charter of said City, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1979, to-wit: AMENDMENT Adopted April 2, 1979 .CHAPTER XVII MISCELLANEOUS Section .9. The City shalI not be liable for unliquidated damages for personal or other injuries unless the person suffering the injury or sustaining the damage, or someone in his behalf, shall serve a notice in writing upon the City within 120 days after such injury shall have occurred. Such notice shall specify the location and the nature of the defect or other basis of the claim, the injury sustained and the names of witnesses to the accident which are known at that time by said claimant. The failure to so notify the City within the time and in the manner specified herein shall exonerate, excuse and exempt the City from any and all liability on account of such injury. Service of all notices of claims for unliquidated damages against the City shall be made on the mayor or the clerk. I do hereby certify that at said election, the vote upon said Charter Amendment was 2,376 in favor of and 459 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signa- ture thi 30th day of April, A.D., 1979. Phyllis Armour, City Clerk I hereby acknowledge receipt of two copies of the foregoing Certificate on , A.D., 1979. Richard H. Austin, Secretary of State