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  1. #1

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    Quote Originally Posted by hudkina View Post
    Also, studies would obviously be done showing how much a unigov would actually save the region in tax dollars, as well as the likely benefits and drawbacks to a unigov system.
    But wait, why project forward when we have data for Houston, Indy, Columbus, etc,? Remember, it is up to YOU to prove the point. Where is the data for the areas that have done this?

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    One thing is for sure. Detroit and the suburbs will NEVER be annexed because the the state boundry commissions orders:

    Section 123.1001


    STATE BOUNDARY COMMISSION [[EXCERPT)


    Act 191 of 1968





    123.1001 Definitions.
    Sec. 1.
    As used in this act:
    [[a) “Adjusted boundaries” means the total area that would be encompassed by a municipality if a municipal boundary adjustment is approved as proposed in a petition or resolution.
    [[b) “Commission” means the state boundary commission.
    [[c) “Secretary” means the executive secretary of the commission.
    [[d) “Municipality” means an incorporated city or village.
    [[e) “Municipal boundary adjustment” means incorporation of a new city or village, consolidation of 2 or more cities, villages or townships as a new city, and the annexation of territory to a city where the commission has jurisdiction over annexation proceedings.

    History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973
    Compiler's Notes: For transfer of powers and duties of the state boundary commission from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.

    Section 123.1001

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968


    123.1001 Definitions.

    Sec. 1.
    As used in this act:
    [[a) “Adjusted boundaries” means the total area that would be encompassed by a municipality if a municipal boundary adjustment is approved as proposed in a petition or resolution.
    [[b) “Commission” means the state boundary commission.
    [[c) “Secretary” means the executive secretary of the commission.
    [[d) “Municipality” means an incorporated city or village.
    [[e) “Municipal boundary adjustment” means incorporation of a new city or village, consolidation of 2 or more cities, villages or townships as a new city, and the annexation of territory to a city where the commission has jurisdiction over annexation proceedings.

    History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973
    Compiler's Notes: For transfer of powers and duties of the state boundary commission from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.




    Section 123.1002

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968


    123.1002 State boundary commission; creation; appointment, qualifications, terms, and removal of members; vacancy; compensation; expenses; chairman.

    Sec. 2.
    The state boundary commission is created consisting of 3 members appointed by the governor with the advice and consent of the senate. The term of office of members shall be 3 years and until their successors are appointed and qualified. A member of the commission may be removed in the manner provided by law for removal of a public officer. A vacancy shall be filled for the unexpired term in the same manner as the original appointment. Members appointed by the governor shall be known as state members and shall qualify by taking and filing the constitutional oath of office. The per diem compensation of the commission and the schedule for reimbursement of expenses shall be established annually by the legislature. The governor shall designate a state member as chairman of the commission.

    History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1975, Act 72, Imd. Eff. May 20, 1975
    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 123.1003

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968


    123.1003 State boundary commission; employees and consultants.

    Sec. 3.
    The commission may appoint such employees and retain such consultants as may be necessary, but who shall not be members of the commission, within limits of appropriations made for this purpose.

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


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    Last edited by Danny; September-01-09 at 08:39 AM.

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    Section 123.1004

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968



    123.1004 State boundary commission; offices and facilities; rules, regulations, and procedures; meetings; records; oaths.
    Sec. 4.
    The commission shall be furnished with suitable office space and facilities in Lansing by the department of administration. The state members shall make rules and regulations and prescribe procedures necessary or desirable in carrying out the intent and purpose of this act, including forms of petitions for municipal boundary adjustments, and the documents, maps and supporting statements deemed to be necessary, establish rules for public hearings, for the submission of supplementary documents and statements, and governing the holding of elections where necessary. The state members shall meet when there are matters pending for their consideration and keep a record of all proceedings. The rules and regulations of the commission shall be promulgated in accordance with the provisions of Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.80 of the Compiled Laws of 1948, and subject to the provisions of Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948. The state members of the commission may administer oaths to persons appearing before the commission.

    History: 1968, Act 191, Eff. Nov. 15, 1968
    Admin Rule: R 123.1 et seq. of the Michigan Administrative Code.



    Section 123.1004a

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968



    123.1004a State boundary commission; conducting business at public meeting; notice; availability of writings to public.
    Sec. 4a.
    [[1) The business which a commission created pursuant to this act may perform shall be conducted at a public meeting of the commission held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
    [[2) A writing prepared, owned, used, in the possession of, or retained by a commission created pursuant to this act in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.

    History: Add. 1978, Act 599, Imd. Eff. Jan. 4, 1979

    Section 123.1005

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968



    123.1005 Municipal boundary adjustments; appointment of county members and alternates to serve on commission; residency requirement; vacancy; term; per diem and expenses; oath.
    Sec. 5.
    The presiding probate judge in each county shall appoint 2 persons and 2 alternates for those persons residing in that county to serve on the commission when the commission considers municipal boundary adjustments for territory lying within his or her county. One appointee and his or her alternate shall reside in a township, and 1 appointee and his or her alternate shall reside in a city. If there is no city in a county at the time of the filing of a petition for a municipal boundary adjustment, the presiding probate judge shall appoint 2 county members and alternates from the county at large. Within 30 days after notice from the commission that a municipal boundary adjustment is pending in the county and the office of 1 or more of the county members is vacant, the presiding probate judge shall make original appointments and any appointment to fill a vacancy. A county member shall serve for 3 years and until his or her successor is appointed and qualified. Notwithstanding the appointment and qualification of a successor, a county member shall continue to serve until the conclusion of all boundary adjustment matters which were filed during his or her term or the filing of which gave rise to his or her appointment. If a municipal boundary adjustment involves territory lying in more than 1 county, the county members of the county in which the greater part of the territory to be included within the adjusted boundaries lies shall serve on and be voting members of the commission. A county member shall receive per diem and expenses as authorized and paid by the county board of commissioners when serving on the commission on matters involving territory within his or her county. A county member shall qualify by taking and filing the constitutional oath of office.

    History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973 ;-- Am. 1988, Act 39, Imd. Eff. Mar. 7, 1988



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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968


    123.1006 Order of processing petitions and resolutions.

    Sec. 6.
    Except as otherwise provided in this act, the commission shall process all petitions and resolutions in the order in which they are filed and shall finally dispose of a petition or resolution before taking up any other petitions or resolutions which deal with all or any part of the same territory. With respect to petitions for annexation proceedings filed with the board of supervisors or the secretary of state and petitions or resolutions for boundary adjustment proceedings filed with the commission, covering all or any part of the same territory, the petition or resolution first filed shall be processed before and take precedence over a petition or resolution subsequently filed.

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

    Section 123.1007

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968


    123.1007 Incorporation of village or city; initiation; petitions; signatures and filing; powers and duties of commission; census; other means of incorporation; incorporation of general law village or home rule village without change of boundaries.

    Sec. 7.
    [[1) Except as otherwise provided in this act, the incorporation of a village shall be initiated as prescribed in and shall be subject to Act No. 278 of the Public Acts of 1909, as amended, being sections 78.1 to 78.28 of the Michigan Compiled Laws, and the incorporation of a city shall be initiated as prescribed in and shall be subject to Act No. 279 of the Public Acts of 1909, as amended, being sections 117.1 to 117.38 of the Michigan Compiled Laws.
    [[2) Except as provided in section 10a, petitions proposing the incorporation of a city shall be signed by a number of persons who are qualified electors and freeholders residing within the affected territory equal to at least 5% of the population of the territory affected by the proposed new incorporation, or 100, whichever number is greater.
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  5. #5

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    CONTINUED...

    [[3) Except as provided in subsection [[6) and section 10a, petitions for incorporation shall be filed with the commission. The commission shall exercise the powers and carry out the duties of the board of supervisors, the village council, or the secretary of state in relation to incorporations.
    [[4) A census of the territory affected by an incorporation or consolidation as provided in section 2 of Act No. 278 of the Public Acts of 1909, as amended, being section 78.2 of the Michigan Compiled Laws, or by section 6 of Act No. 279 of the Public Acts of 1909, as amended, being section 117.6 of the Michigan Compiled Laws, shall not be taken unless a proper petition for the incorporation or consolidation has been filed with the commission and the census has been specifically ordered by the commission.
    [[5) Except as provided in subsection [[6) and section 10a, while this act is in effect no other means of incorporation of a city or village shall be effective.
    [[6) The incorporation of a general law village as a home rule village without a change of boundaries shall be initiated as prescribed in and subject to Act No. 278 of the Public Acts of 1909, as amended.

    History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973 ;-- Am. 1981, Act 67, Imd. Eff. June 23, 1981 ;-- Am. 1982, Act 457, Imd. Eff. Dec. 30, 1982
    Section 123.1007a

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968



    123.1007a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
    Sec. 7a.
    A petition under section 10[[3) or 12a[[3), including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

    History: Add. 1998, Act 191, Eff. Mar. 23, 1999



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    Section 123.1008

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968


    123.1008 Review of proposed incorporations; certifying nonconformance of petition; return of petition; public hearing; commencement of time period; notice of hearing; sufficiency or legality of petition.

    Sec. 8.
    [[1) The commission shall review proposed incorporations considering the criteria established by section 9.
    [[2) If the commission finds that a petition does not conform to this act, to Act No. 278 of the Public Acts of 1909, as amended, or Act No. 279 of the Public Acts of 1909, as amended, to the extent that the requirements are not superseded by this act, or to the rules of the commission, it shall certify the nonconformance, stating the reasons for the nonconformance, and return the petition to the person from whom it was received with the certificate.
    [[3) At least 60 days but not more than 220 days after the filing with the commission of a sufficient petition proposing incorporation, the commission shall hold a public hearing at a convenient place in the area proposed to be incorporated. At the public hearing the reasonableness of the proposed incorporation based on the criteria established in this act shall be considered. If section 6 prohibits the commission's acting on a petition because 1 or more petitions or resolutions have priority the time period provided in this section shall commence on the date upon which the prohibition ceases.
    [[4) The commission shall give notice of the hearing in the manner required by section 4a[[1) and by publication in a newspaper of general circulation in the area at least 7 days before the date of the hearing, and by certified mail to the clerks of municipalities and townships affected, at least 30 days before the date of the hearing. After the commission has entered its order for a public hearing on an incorporation proposal, neither the sufficiency nor legality of the petition shall be questioned in a proceeding.

    History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973 ;-- Am. 1978, Act 599, Imd. Eff. Jan. 4, 1979
    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.
    Admin Rule: R 123.1 et seq. of the Michigan Administrative Code.




    Section 123.1009

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968


    123.1009 Review of proposed incorporation; criteria.

    Sec. 9.
    Criteria to be considered by the commission in arriving at a determination shall be:
    [[a) Population; population density; land area and land uses; assessed valuation; topography, natural boundaries and drainage basins; the past and probable future urban growth, including population increase and business, commercial and industrial development in the area. Comparative data for the incorporating municipality, and the remaining portion of the unit from which the area will be detached shall be considered.
    [[b) Need for organized community services; the present cost and adequacy of governmental services in the area to be incorporated; the probable future needs for services; the practicability of supplying such services in the area to be incorporated; the probable effect of the proposed incorporation and of alternative courses of action on the cost and adequacy of services in the area to be incorporated and on the remaining portion of the unit from which the area will be detached; the probable increase in taxes in the area to be incorporated in relation to the benefits expected to accrue from incorporation; and the financial ability of the incorporating municipality to maintain urban type services in the area.
    [[c) The general effect upon the entire community of the proposed action; and the relationship of the proposed action to any established city, village, township, county or regional land use plan.

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

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    Section 123.1010

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968



    123.1010 Denial or approval of proposed incorporation; revision of boundaries; referendum on question of incorporation.
    Sec. 10.
    [[1) After the public hearing on a proposed incorporation and review thereof by the commission, the commission may deny the proposed incorporation, approve the petition, or revise the boundaries of the area proposed for incorporation and approve the proposal as revised.
    [[2) If an incorporation proposal is denied by the commission, its order is final immediately and the secretary shall transmit a certified copy of the order to the petitioner and the clerk of each city, village, and township affected.
    [[3) If an incorporation proposal is approved with or without a revision of the boundaries, the commission's order is final 45 days after the date of the order unless within that 45 days a petition for a referendum is filed with the commission that contains the signatures of at least 5% of the registered electors residing in the area to be incorporated as approved by the commission. If a petition is not filed and the commission's order becomes final, the secretary shall send a certified copy of the order to the petitioner, to the clerk of each county, city, village, or township affected, and to the secretary of state. Charter commission elections and proceedings under the home rule village act, 1909 PA 278, MCL 78.1 to 78.28, or the home rule city act, 1909 PA 279, MCL 117.1 to 117.38, shall follow.
    [[4) If a referendum petition is filed, the commission, after determining the validity of the petition, shall order a referendum on the question of incorporation to be held in the area approved for incorporation and shall specify a date later than the referendum on which the commission's order shall become final if the proposal is approved at the referendum.
    [[5) If a majority of the electorate voting on the question in the territory approved for incorporation voting collectively approves the incorporation, the commission's order shall become final on the date specified therein, the secretary shall send a certified copy of the order to the petitioner, to the clerk of each county, city, village, or township affected, and to the secretary of state. Charter commission elections and proceedings under the home rule village act, 1909 PA 278, MCL 78.1 to 78.28, or the home rule city act, 1909 PA 279, MCL 117.1 to 117.38, and except as provided in subsection [[6), shall follow. Otherwise the incorporation shall not take effect and no further proceedings on the petition shall take place.
    [[6) If on submission of a second charter, a favorable vote by a majority of the electors residing in the area proposed for incorporation is not obtained, the incorporation proceedings shall end and the charter commission shall have no further authority to act or to submit another charter to the electors. If a charter has not been adopted within a period of 3 years following the date the commission's order becomes 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 incorporation proceedings are ended.

    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
    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 123.1010a

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    STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968



    123.1010a Incorporation of village as city; population and other incorporation requirements; initiation; submittal to electors; election of charter commissioners; effective date of incorporation; stay of proposed change of boundaries after incorporation approved by electors; division of assets and liabilities.
    Sec. 10a.
    [[1) In compliance with section 20 of article 7 of the state constitution of 1963, if all the territory of an organized township is included within the boundaries of a village or villages, the village or villages, without boundary changes, may be incorporated as a city or cities as provided in this section. The incorporation shall include all the territory within the boundaries of a village notwithstanding that the village includes territory within another organized township a part of which township lies without the boundaries of the village.
    [[2) Except as otherwise provided in this section, incorporation under this section is not governed by the population and other incorporation requirements of Act No. 279 of the Public Acts of 1909, as amended, being sections 117.1 to 117.38 of the Michigan Compiled Laws.
    [[3) Incorporation under this section is initiated by a resolution of the village council which resolution shall call for a referendum on the incorporation. The proposed incorporation shall be submitted to the qualified electors of the village at the next regular village election occurring not less than 40 days after adoption of the resolution. If the next regular village election will not occur within 90 days, the resolution may fix a date preceding the next regular village election for a special election on the proposed incorporation.
    [[4) The resolution proposing incorporation may also call for an election of charter commissioners as provided in Act No. 279 of the Public Acts of 1909, as amended.
    [[5) Incorporation under this section is effective when a charter is adopted and filed as provided in Act No. 279 of the Public Acts of 1909, as amended.
    [[6) After an incorporation under this section is approved by a majority of the electors voting on the question, a proposed change of boundaries by incorporation, consolidation, or annexation shall be stayed until proceedings under this section are finished.
    [[7) Assets and liabilities of the township, townships, or parts of townships affected by the incorporation of a city shall be divided on the effective date of incorporation as provided in section 14 of Act No. 279 of the Public Acts of 1909, as amended, being section 117.14 of the Michigan Compiled Laws.

    History: Add. 1982, Act 457, Imd. Eff. Dec. 30, 1982
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  8. #8

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    Quote Originally Posted by Quonset Hut View Post
    But wait, why project forward when we have data for Houston, Indy, Columbus, etc,? Remember, it is up to YOU to prove the point. Where is the data for the areas that have done this?
    Indianapolis is the only one of those cities that did anything even remotely like this proposal. Houston and Columbus just happened to be able to annex lots of land, and they have their own suburbs, counties, etc.

    Other examples include Jacksonville and Nashville. All three cities have relatively healthy economies and generally effective government services. However, every example is different. Only a thorough investigation into this proposal would truly determine how much money taxpayers would save and how much redtape would be eliminated. They can look at Indianapolis, Nashville, and Jacksonville to determine that it indeed works, and use them as guidelines, but only a study would truly determine how effective a unigov would be for the Tri-County area.

    Also, laws can be changed at will by the legislature and more rarely directly by the people. It's silly to say it can't be done because it's against the law, when the whole point is to change the law to allow it to happen...
    Last edited by hudkina; September-01-09 at 12:58 PM.

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