Why can't Detroit annex neighbouring cities to regain its population?

[Danny]

CONTINUED...

Section 123.1012b

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STATE BOUNDARY COMMISSION [[EXCERPT)

Act 191 of 1968

123.1012b Jurisdiction of commission over reannexation of detached territory.
Sec. 12b.
The commission shall have jurisdiction over reannexation of territory detached under section 9b of Act No. 279 of the Public Acts of 1909, being section 117.9b of the Michigan Compiled Laws, only to the extent provided in section 9b of Act No. 279 of the Public Acts of 1909.

History: Add. 1982, Act 457, Imd. Eff. Dec. 30, 1982
Section 123.1013

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STATE BOUNDARY COMMISSION [[EXCERPT)

Act 191 of 1968

123.1013 Proposed consolidation including portion of township; “municipality� defined; order; election and number of charter commissioners; appointment of charter commissioners; resolution; eligibility; applicability of subsection [[2).
Sec. 13.
[[1) If a proposed consolidation includes a portion of a township, the term “municipality� as defined in sections 1 and 12 when used in this section and sections 14, 15, and 17 means only that portion included within the proposed consolidated city. Except as provided in subsection [[2), when its order approving a proposed consolidation becomes final, the commission shall call an election of 9 charter commissioners who shall be registered electors of the municipalities proposed for consolidation, each having a residence of at least 2 years in the municipality from which he or she is to be elected immediately before the election. The commission shall determine the number of charter commissioners to be elected from each municipality proposed for consolidation, which number shall be as nearly proportionate as possible to the municipality's population. Each municipality proposed for consolidation is entitled to a minimum of 1 charter commissioner, regardless of population. If charter commissioners are elected at the same election at which the proposition to consolidate is submitted, the election of the charter commissioners is void if the proposition to consolidate is not adopted. If charter commissioners are not elected at the election at which the proposition to consolidate is submitted they shall be elected at a separate election to be held within 60 days after a favorable vote on the proposition to consolidate, which election date shall be set by the commission. A municipal officer or employee, elected or appointed, shall not be eligible for election to the charter commission.
[[2) The municipalities proposed for consolidation may, by resolution of their respective governing bodies, choose to appoint their charter commissioners pursuant to this subsection. If the municipalities proposed for consolidation choose to appoint their charter commissioners pursuant to this subsection, the commission, when its order approving a proposed consolidation becomes final, shall instruct the governing bodies of the municipalities proposed for consolidation to appoint not less than 8 and not more than 10 charter commissioners. The governing body of each municipality proposed for consolidation shall appoint an equal number of charter commissioners. The appointees for charter commissioner shall be residents of the municipalities from which they are to be appointed for not less than 2 years immediately preceding the appointment and shall also be registered electors in the municipalities from which they are to be appointed. The charter commissioners shall be appointed within 180 days after the commission's order approving a proposed consolidation becomes final as determined pursuant to section 12a[[3). A municipal officer or employee, elected or appointed, shall not be eligible for appointment to the charter commission. This subsection shall apply to all municipalities whose proposals for consolidation are approved by the commission after January 1, 1982.

History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973 ;-- Am. 1982, Act 192, Imd. Eff. June 24, 1982



Section 123.1014

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STATE BOUNDARY COMMISSION [[EXCERPT)

Act 191 of 1968

123.1014 Election on consolidation; form of ballot; expenses; canvass; returns; commissioners.
Sec. 14.
The ballot to be used in an election on consolidation shall be substantially in the following form:
“For consolidation of the cities [[and villages) of ............... and ............... [[naming each city or village) [ ] yes [ ] no�
Each municipality proposed for consolidation shall bear its own election expenses, the results shall be canvassed by the canvassing board of each municipality, and the returns thereof made to the commission. The nominations, qualifications of commissioners, form of ballot, election and all other things to be done in the election of commissioners, shall be as provided in section 15 of Act No. 279 of the Public Acts of 1909, as amended. The nomination and election in each municipality shall be separate, and the members of the charter commission from each municipality shall be the sole judge of the membership and qualifications of the commissioners elected from such municipality. If only 1 commissioner is to be elected from a municipality and his qualifications are challenged, not less than a majority of the other charter commissioners elected and serving shall be the sole judges of the qualifications of such commissioner.
WAIT THERE'S MORE!

[Danny]

CONTINUED...
Section 123.1015

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STATE BOUNDARY COMMISSION [[EXCERPT)

Act 191 of 1968

123.1015 Meeting of charter commission; notice; procedure for adopting charter; power, duties, and procedure of commission; submission of charter to electors.
Sec. 15.
The charter commission shall meet for organization at the time and place to be designated by the secretary, who shall notify each member elected in writing thereof. The procedure for adopting a charter and the powers, duties and procedure of the charter commission shall be as prescribed in Act No. 278 of the Public Acts of 1909, as amended, or of Act No. 279 of the Public Acts of 1909, as amended, except as otherwise prescribed in this act. When the charter commission has been elected, it shall proceed to formulate and prepare a charter, and agree upon a name or a choice of names for the consolidated city, which charter, when prepared, shall be submitted to the electors of the municipalities proposed for consolidation, for rejection or adoption. If the charter is adopted by a majority of the electors of each municipality proposed for consolidation, voting separately, the consolidation in the charter shall be operative at such time as shall be stated in the charter.

History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973
Compiler's Notes: For provisions of Act 278 of 1909 and Act 279 of 1909, referred to in this section, see MCL 78.1 et seq. and MCL 117.1 et seq.



Section 123.1016

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STATE BOUNDARY COMMISSION [[EXCERPT)

Act 191 of 1968

123.1016 Charter of consolidated city; preparation, contents; effect of adoption of provisions in charter.
Sec. 16.
In the preparation of a charter of a consolidated city, any power, limitation or provision granted to any of the cities or villages affected by the consolidation in any charter previously adopted by such city or village or granted or passed by the legislature for the government of such city or village and contained in the charter of the city or village at the time of the vote to consolidate may be included in the charter of the consolidated city, and when so included, such power, limitation, or the effect of any such provision shall continue with the same force and effect as when adopted by the city or village or granted or passed by the legislature in the first instance.

History: 1968, Act 191, Eff. Nov. 15, 1968
Section 123.1017

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STATE BOUNDARY COMMISSION [[EXCERPT)

Act 191 of 1968

123.1017 Corporate status of municipalities; submission of revised charter to electors; effect of unfavorable vote; termination of proceedings.
Sec. 17.
[[1) The corporate status of the cities and villages proposed for consolidation shall not be changed or in any way affected until the charter takes effect.
[[2) If the charter first submitted for adoption is not approved on the first vote taken by the electors, the charter commission may reconvene and prepare a new charter or prepare modifications or amendments to the first charter as they consider necessary, and shall submit the revised charter to the electors in the same manner and on a date to be fixed as in the first instance.
[[3) If on submission of the second charter a favorable vote by a majority of the electors voting separately in the municipalities proposed for consolidation is not obtained, the consolidation proceedings shall end and the charter commission shall have no further authority to act or to submit another charter to the electors.
[[4) If a charter has not been adopted within 3 years following the date the commission's order became final, or if within the 3-year period the charter commission does not reconvene within 90 days after the election at which the first proposed charter was defeated, the consolidation proceedings shall end.

History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973 ;-- Am. 2008, Act 419, Imd. Eff. Jan. 6, 2009



WAIT THERE'S MORE!

[Danny]

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Section 123.1018

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STATE BOUNDARY COMMISSION [[EXCERPT)
Act 191 of 1968

123.1018 Judicial review.
Sec. 18.
Every final decision by the commission shall be subject to judicial review in a manner prescribed in Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948.

History: 1968, Act 191, Eff. Nov. 15, 1968
Section 123.1019

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STATE BOUNDARY COMMISSION [[EXCERPT)
Act 191 of 1968

123.1019 State boundary commission within department of treasury; establishment.
Sec. 19.
The commission is established within the department of treasury.

History: 1968, Act 191, Eff. Nov. 15, 1968
Compiler's Notes: For transfer of State Boundary Commission from the Department of Treasury to the Department of Commerce, see E.R.O. No. 1980-1, compiled at MCL 16.732 of the Michigan Compiled Laws.




Section 123.1020

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STATE BOUNDARY COMMISSION [[EXCERPT)
Act 191 of 1968

123.1020 Repeals.
Sec. 20.
Act No. 390 of the Public Acts of 1913, being sections 123.21 and 123.22 of the Compiled Laws of 1948, is repealed.

History: 1968, Act 191, Eff. Nov. 15, 1968


History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973
Compiler's Notes: For provisions of section 15 of Act 279 of 1909, referred to in this section, see MCL 117.15.


© 2009 Legislative Council, State of Michigan




WORD FROM THE STREET PROPHET!

Read the Michigan annexation laws very carefully and weep!

In Memoriam: Neda Soltani

[Retroit]

You could save us all a lot of reading, and yourself a lot of copy-and-pasting, if you just posted the clauses specifically prohibiting the combination of municipalities.

If we as Americans are not entitled to choose how we are to be governed, then what is the purpose of being American?

[Danny]

You could save us all a lot of reading, and yourself a lot of copy-and-pasting, if you just posted the clauses specifically prohibiting the combination of municipalities.

If we as Americans are not entitled to choose how we are to be governed, then what is the purpose of being American?

The American constitution laws are there to balance the power in order to prevent overruling of state, local and federal governments to have too much power over the other. There would be no other clauses, otherwise this nation might end up either a chaotic dictatorship or sudden poltical change of government regime that could have an 'upside down' totalitarian disorder. That is what happen to the Soviet Union, Thailand, Vietnam, Laos, Japan, North Korea, Cuba, England and lot's of various Middle Eastern Carribean, South American and African Nations. Anyone who took law school must read these kind of laws. There's plenty more that come from.

WORD FROM THE STREET PROPHET

God bless of forefathers who put these laws in the free country.

[Detroitnerd]

"The more laws, the more corrupt the government." --Tacitus

[Danny]

"Without laws, there would be chaos." -- Socrates

[Detroitnerd]

Those two statements aren't nec. incompatible.

[Retroit]

I'm not suggesting the law not be followed; it just looks to me that as long as the appropriate petitions, commissions, hearings, charters, etc. are complied with, that there is nothing that prevents consolidation. Are you saying that these laws prevent the consolidation of any 2 cities? Could you please cite your reference precisely?