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  1. #176

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    CONTINUED....

    Page 10 of 13 General Law or Charter Township? / MTA, February 2005

    Resolution Incorporating as the
    Charter Township of ___________________________.
    At a regular meeting of the ________ Township Board, _______ County, Michigan, held on the ___ day
    of ______ , 20__, at the ________ _ _ _______ Township Hall, ______________, Michigan, in said
    township.
    Members Present: Members Absent:
    The following preamble and resolution were offered by __________ and supported by ____________.
    WHEREAS, the __________ Township Board on the ___ day of ______, 20__, by motion duly made,
    second and passed, adopted the resolution of Intent to Incorporate ________ Township, _______ County,
    Michigan, as the Charter Township of ________________, _________ County, Michigan, under Public
    Act 359 of 1947, as amended; and
    WHEREAS, notice of adoption of said resolution was published in the _______, a newspaper of general
    circulation in __________ Township, on ______, 20__, and again on ________, 20__, and considerable
    publicity has been given this matter; and
    WHEREAS, more than sixty [[60) days has elapsed since adoption of said resolution and no Petition of
    Disagreement to the Intent of Incorporate as Charter Township has been filed as in said act provided;
    NOW THEREFORE, BE IT RESOLVED that the Township of __________, ________ County, Michigan,
    being qualified, having completed all necessary action preliminary thereto hereby does INCORPORATE
    AS THE CHARTER TOWNSHIP OF _____________, __________ COUNTY, MICHIGAN, a municipal
    corporation pursuant to PA 359 of 1947, as amended, which act shall constitute the charter of this charter
    township.
    BE IT FURTHER RESOLVED, that the CHARTER TOWNSHIP OF _________, _________ COUNTY,
    MICHIGAN, shall, as provided by law, succeed to and be vested with all of the property, real and personal,
    money, rights, credits and causes of action belonging to ___________ Township as it formerly existed,
    and all debts and liabilities of _________ Township and all taxes and assessments levied and uncollected
    as of the date of this Resolution of Incorporation shall stand until discharged or collected.
    BE IT FURTHER RESOLVED, that the Clerk is hereby directed to file certified copies of this resolution
    with the Secretary of State for the State of Michigan, and with the Clerk for _________ County.
    BE IT FURTHER RESOLVED, that this resolution shall take effect as of this date.
    AYES: _____ NAYS:_____ ABSENT:_____
    RESOLUTION DECLARED ADOPTED THIS ___ day of ________, 20__.
    _______________________
    Township Clerk
    CERTIFICATE
    I hereby certify that the foregoing constitutes a true and correct copy of a resolution adopted by the
    Township Board of the Charter Township of _________, ________ County, Michigan, at a Regular Meeting
    held on __________, 20__.
    ____________ ________________________________
    Township Clerk______________________
    General Law or Charter Township? / MTA, February 2005 Page 11 of 13
    WAIT, THERE'S MORE.

  2. #177

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    CONTINUED....

    2. When a Petition for Referendum is Submitted
    MCL 42.3a[[3) sets forth duties of the township clerk if petitions for referendum are submitted
    as follows:
    1. Upon accepting for filing a petition seeking referendum on the charter township
    question, the township clerk shall check the petition signatures against the registered electors’
    signatures.
    2. If the petition contains the proper number of valid signatures, the clerk will make all
    provisions for submitting the question of incorporation as a charter township to the registered
    electors of the township.
    3. The question shall be placed on the ballot at the next regular or special township
    election which allows the clerk the necessary time to provide for an orderly conduct of the
    election.
    4. If a special election is contemplated for the purpose of submitting the question, the
    proposed date will be presented to the county scheduling committee for approval.
    5. The wording on the ballot shall read as follows:
    “Shall the township of ________________incorporate as a charter township which shall
    be a municipal corporation subject to the provisions of Act No. 359 of the Public Acts of 1947,
    as amended, which act shall constitute the charter of such municipal corporation?
    Yes ______ No______ "
    Page 12 of 13 General Law or Charter Township? / MTA, February 2005
    3. File Documents with the
    Office of the Great Seal and Registration Section,
    Michigan Department of State
    1. If the township board adopts a resolution opposed to incorporation as a charter township,
    a copy of the resolution should be filed for informational purposes.
    2. If the township board adopts a resolution of intent to approve incorporation as a charter
    township, and no petitions of disagreement are filed, the following documents would be filed:
    [a] Affidavit of publication of required notices;
    [b] Resolution of Intent;
    [c] Certificate of township clerk that no petitions were filed within the 60 day period;
    [d] Resolution approving incorporation.
    3. If the township board adopts a resolution of intent to approve incorporation as a charter
    township, there are petitions of disagreement filed, an election is held, and the proposition is
    approved, the following documents would be filed:
    [a] Affidavit of publication of required notices;
    [b] Resolution of Intent;
    [c] Certificate of township clerk that petitions were filed within the 60 day period and date
    set for election;
    [d] Copy of ballot;
    [e] Board of Canvassers certificate showing total votes cast and number of votes cast for
    and against incorporation as a charter township;
    4. If the township board adopts a resolution to place the question of incorporation as a charter
    township before the electorate, an election is held, and the proposition is approved, the
    following documents would be filed:
    [a] Affidavit of publication of required notices;
    [b] Resolution of township board,
    [c] Copy of ballot;

    WAIT, THERE'S MORE.

  3. #178

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    CONTINUED...

    [d] Board of Canvassers certificate showing total votes cast and number of votes cast for and against incorporation as a charter township.
    5. If the proposition to incorporate as a charter township is defeated at an election held under
    3 or 4 above, the township clerk may file only a copy of the Board of Canvassers certificate showing the proposition did not pass.
    Office of the Great Seal
    110 W. Michigan Ave.
    Suite 100
    Lansing, MI 48918-1750
    [[517) 373-2531 [[Main Office)
    [[517) 373-3706 [[Facsimile)
    General Law or Charter Township? / MTA, February 2005 Page 13 of 13


    WORD FROM THE STREET PROPHET

    If you all want an amaglamation of Detroit and suburbs, make a petition and change the SBC's Charter Township Laws. Novine, try not to cross examine your comments against my evidence. You're arguments about the Detroit and suburbs merging would lead you back square one. Anybody else wants to challege my rebuttal go right ahead I have proof from the SBC laws.

    In Memoriam, Neda Soltani

  4. #179

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    Danny,

    If you can copy and paste, you can create a link. Knock it off with the endless copying of text.

    The Home Rule Cities Act specifically allows cities to annex one another if there is voter approval in both cities. Ann Arbor annexed East Ann Arbor in the 1950s using that provision. Consolidation isn't annexation and the consolidation of multiple communities in the UP a few years back shows that it can be done legally. The Charter Township Act has no bearing on the question of consolidation.

  5. #180

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    Quote Originally Posted by Novine View Post
    Danny,

    If you can copy and paste, you can create a link. Knock it off with the endless copying of text.

    The Home Rule Cities Act specifically allows cities to annex one another if there is voter approval in both cities. Ann Arbor annexed East Ann Arbor in the 1950s using that provision. Consolidation isn't annexation and the consolidation of multiple communities in the UP a few years back shows that it can be done legally. The Charter Township Act has no bearing on the question of consolidation.
    It didn't see the word 'annexation' clause in the Home Rule Act under the Public Act of 1909. It states that townships and village can became a city when a new city form government is established and approved by the voters. The reason that East Ann Arbor merged with the City of Ann Arbor because they folks want more city services and that's legal and was approved by the votes. That includes other U.P. cities. Please re-read the laws again:

    The Home Rule City Act was enacted by the Michigan Legislature as Public Act 279 of 1909. This statute provides the framework by which a new city may become incorporated and provide for its own government by adopting a city charter. It also provides for the method by which an existing city may amend or revise its city charter.
    History
    Local units of government in the United States are created by the various states. Such local governments may go by various names in the several states. It is entirely possible for a state to totally abolish any or all local units of government. In the case of Michigan, the state government is specifically restricted under the state's constitution as to how it may interact with local governments and may not alter the boundaries of a local government without a vote by the affected residents.
    The Home Rule City Act resulted from the provisions of the 1908 state constitution, which called for home rule authority to be conferred upon the various local governments in the state. The 1963 state constitution retained these same home rule provisions.
    Both constitutions recognized the fundamental integrity of counties, townships, cities, and villages in Michigan. Local governments could no longer be created, abolished, or consolidated without the consent of the electors who reside within the affected territory. Prior to this time, local governments had been created by a special act of the legislature which did not require any consent from those living within the affected territory.
    Under Michigan’s Revised Statutes of 1848, there were several classes of cities, the primary distinction among which was population. In nearly every case, however, it was the legislature that had provided a city charter for each city that mandated how each city was to be governed and how its officers were to be chosen. Under the Home Rule City Act, each city was given the ability to make changes to its city charter on its own. The charters that had been previously granted by the legislature continued in force until such time as an affected city took this action. All cities in Michigan are now classified under one class, namely, Home Rule Cities, regardless of the source or origin of the various provisions of their respective city charters.

    Revising or amending a city charter

    Under the Home Rule City Act, a city can amend its city charter by a vote of the electors residing within the city. An amendment can be proposed either by the governing body of the city, typically called the city council, or by an initiative petition signed by a certain number of registered voters.
    A revision of a city charter is a more comprehensive process which replaces the existing charter with a new one. The decision to revise a city charter must be approved by the voters of the city and can be proposed by the city council or by an initiative petition. A special commission is elected to conduct the work of writing a new charter and submitting it to the voters for approval. The commission is not bound to keep any provisions of the current city charter.
    Most commonly, city charters are revised in Michigan to change the model of city government that is followed. To change from one system, such as a council-manager system, strong mayor-council model, or city commission form, to another requires a charter revision.

    Provisions of the act

    The Home Rule City Act specifies certain requirements that every city must contain within its city charter. At the same time, the Act provides for numerous optional charter provisions. In general, any power that is not specifically prohibited by another law for a city to exercise may be included in a city’s charter.


    Nice try! Novine any more comments that you can rebuttal?
    Last edited by Danny; September-09-09 at 11:28 AM.

  6. #181

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    The area that includes Palmer Woods, Sherwood Forest, Green Acres, Bagley, University District, and the Golf Club is one of the wealthiest areas in Metro Detroit
    I don't know about that. I need to see stats to back that up and the census tract data is dated.

  7. #182

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    Quote Originally Posted by Patrick View Post
    I don't know about that. I need to see stats to back that up and the census tract data is dated.
    Palmer Woods People Data

    Median Household Income:
    Palmer Woods - $110,745
    Detroit - $29,526
    National - $44,512
    [[Michigan - $44,627)

    University District People Data

    Median Household Income:
    University District - $80,461
    Detroit - $29,526
    National - $44,512
    [[Michigan - $44,627)

    Green Acres People Data

    Median Household Income:
    Green Acres - $60,798
    Detroit - $29,526
    National - $44,512
    [[Michigan - $44,627)


    http://www.zillow.com/local-info/MI-...ople/r_270047/

    [[I pulled the Median income for Michigan from Wikipedia.)

  8. #183

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    Income doesn't equal property values. That would be the guide for how much local government they could afford.

  9. #184

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    Danny, endless copying doesn't equal comprehension on your part.

    "THE HOME RULE CITY ACT [[EXCERPT)
    Act 279 of 1909


    117.9 Incorporation, consolidation, or change of boundaries; governing law; affected district; petition or resolution for annexation; voting; duties of commission.
    Sec. 9.

    [[1) In the event of a conflict between the provisions of this act and 1968 PA 191, MCL 123.1001 to 123.1020, regarding an incorporation or consolidation, the provisions of 1968 PA 191, MCL 123.1001 to 123.1020, shall govern."

    Translation - Any conflict involving the laws covering incorporation or consolidation is governed by MCL 123.1001 - 1020, which governs the actions of the State Boundary Commission. Both laws allow for the consolidation of multiple cities, villages and townships into a new city.

    Except from section 9.

    "Except as otherwise provided, this section shall not be construed to give any city the authority to attach territory from any other city unless the question relative to the territory has been voted upon by the voters of the entire cities affected "

    Translation - State law allows one city to annex another if approved by voters in both cities.

    "STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968

    123.1001 Definitions.

    [[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."

    Translation - The State Boundary Commission has the authority to approve the consolidation of multiple cities, villages and townships into a new city.

    Anything else that you need explained?

  10. #185

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    Quote Originally Posted by Novine View Post
    Income doesn't equal property values. That would be the guide for how much local government they could afford.
    I'm not an advocate for more municipal fragmentation in Metro Detroit, but you have to agree that property values in that area would quickly benefit if those neighborhoods seceded from Detroit. Those houses become much more marketable to prospective buyers when potential residents aren't forced to have a Detroit address. Because as it stands now, that area is only marketable to monied buyers who either don't mind having a Detroit address, or monied buyers who don't understand the local stigma attached to having a Detroit address. I'm not saying that it is right, but that is how it is.

    Furthermore, if the area were to become its own town or village, it would have a median household income roughly on par with West Bloomfield, and thus be put on a few of the national "most wealthy community" lists. Real estate agents would have little trouble marketing the area.

    And the residents in these areas already pay for private snow removal, security and other services on top of their tax bills. So it doesn't seem like that much of a stretch for them to fund their own municipal services with the tax money that they would no longer be sending to Detroit.

  11. #186

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    The property values are so depressed because the tax bills are so high. There's no reason to believe that as property tax rates fall the value of the homes would increase. When someone realizes they can get a mansion at half the price of other suburban cities and not have the ridiculous taxes and poor city services associated with the city, more people will be willing to locate to this area. As demand increases, property values increase. As the area focuses on improving schools and city services the property values increase even more, and eventually you start getting to the point of being the Grosse Pointes, a wealthy enclave that just happens to be adjacent to the city.

    I'm not advocating this at all, my stance has always been a metropolitan unigov. I'm just saying that an independent "Palmer Woods" would no doubt become a successful suburban city within a decade of secession.

    In any case here's some data from the 2000 Census for the area bounded by 8 Mile, Woodward, McNichols, and Wyoming:

    Population: 30,850
    Area: 4.68 sq. mi.
    Density: 6,586 ppl / sq. mi.

    Median Household Income: ~$44,000
    Median Household Income [[excluding Palmer Park Apts): ~$51,000

    Race:
    Black - 93.2%
    White - 4.9%
    Other - 1.9%

    Chances are that if it did become an independent enclave and city income taxes were eliminated and property taxes cut by 20 or 30 mils, the area would become more attractive to people who earn a bit more money. That would be especially true as schools and city services improved and the Livernois Ave corridor became a true "downtown"

  12. #187

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    Talking about beating a dead horse [[topic).
    This just about takes the cake.

  13. #188

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    Quote Originally Posted by Novine View Post
    Danny, endless copying doesn't equal comprehension on your part.

    "THE HOME RULE CITY ACT [[EXCERPT)
    Act 279 of 1909


    117.9 Incorporation, consolidation, or change of boundaries; governing law; affected district; petition or resolution for annexation; voting; duties of commission.
    Sec. 9.

    [[1) In the event of a conflict between the provisions of this act and 1968 PA 191, MCL 123.1001 to 123.1020, regarding an incorporation or consolidation, the provisions of 1968 PA 191, MCL 123.1001 to 123.1020, shall govern."

    Translation - Any conflict involving the laws covering incorporation or consolidation is governed by MCL 123.1001 - 1020, which governs the actions of the State Boundary Commission. Both laws allow for the consolidation of multiple cities, villages and townships into a new city.

    Except from section 9.

    "Except as otherwise provided, this section shall not be construed to give any city the authority to attach territory from any other city unless the question relative to the territory has been voted upon by the voters of the entire cities affected "

    Translation - State law allows one city to annex another if approved by voters in both cities.

    "STATE BOUNDARY COMMISSION [[EXCERPT)
    Act 191 of 1968

    123.1001 Definitions.

    [[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."

    Translation - The State Boundary Commission has the authority to approve the consolidation of multiple cities, villages and townships into a new city.

    Anything else that you need explained?
    YES, A city can annex a city by means of voter approval for better police, fire and city services. [[ from section 9) And YES, the SBC can have the right to alagamate city, by city, township by township and village by village, However, since most cities, villages and townships in the Metro Detroit Area had been chartered and incorporated locked for annexation immunity. An alagamation of Detroit and suburbs WILL NOT happen unless we change the racial, political and tax base for urban regionalizational purposes.

    WORD FROM THE STREET PROPHET

    Now we're still back to square one

    In Memoriam: Neda Soltani

  14. #189

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    But the point is that you said it was illegal. There's a big difference between legality and will...

  15. #190

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    Still wouldn't change the fact that businesses do not want to relocate or set up shop here. Making the COD any larger wouldnt help diversify the local economy.

  16. #191

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    If you can consolidate city services you have a large monetary savings which in turn leads to lower tax bills. Lower taxes make an area more attractive to companies. Companies bring jobs. Jobs bring people. People bring money. Money makes companies happy, and the cycle starts all over.

    It also helps the region in attracting business when you have a single voice speaking for the entire region. Instead of 100 weak, tiny voices bickering with each other, you have a single, powerful voice speaking for one of nations largest cities. Also, a city like Highland Park really can't offer companies huge tax incentives to build in that city. But a metropolitan unigov would be able to offer such incentives.

  17. #192
    detmich Guest

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

    To answer the initial question, because it is a stupid idea.

  18. #193
    LouHat Guest

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    Here's a better idea, davewindsor [[what a name, snork snork). Detroit annexes Toronto. Our blacks are far tougher than those Jamaican pussies, and those holier-than-thou TO whites couldn't say squat. Can you dig it? I knew you could.

  19. #194

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    Quote Originally Posted by Detroitgayhistoryguy View Post
    Well, I agree some areas would just continue to be crap. But, some other nicer areas of Detroit could become even nicer. Imagine a city of Palmer Park which included Sherwood Forest, etc. I think smaller more localized control would help improve these little "districts"

    http://detroitgayhistory.blogspot.com/
    CUTTING UP DETROIT,

    Bad ideal! If the SBC approve this proposal a new separate city, village or charter township government had be established. It's legal under the Public Act of 1947 and 1980 and 'a new city, village or township' must pay off the piece of the deficit that is left over from the city budget deficit. There is no pardon from any budget shortfall. For example when the Hasidic Jewish community who lived the northern part of Royal Oak Township on 10 Mile Rd. and Greenfield Rd. in late 1990s They want to be annexed to Oak Park. The people voted yes and the City of Oak Park had to pay piece of the R.O.T's budget deficits.
    Last edited by Danny; September-11-09 at 01:37 PM.

  20. #195

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    Quote Originally Posted by LouHat View Post
    Here's a better idea, davewindsor [[what a name, snork snork). Detroit annexes Toronto. Our blacks are far tougher than those Jamaican pussies, and those holier-than-thou TO whites couldn't say squat. Can you dig it? I knew you could.
    Did you just knock me for asking a legitimate question? Go fuck yourself.

  21. #196

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    Quote Originally Posted by detmich View Post
    Why can't Detroit annex neighbouring cities to regain its population?

    To answer the initial question, because it is a stupid idea.
    I saw some pretty good arguments in this thread why it's a good idea, which you refuse to read so get a clue, stupid.

  22. #197
    detmich Guest

    Default

    Quote Originally Posted by davewindsor View Post
    I saw some pretty good arguments in this thread why it's a good idea, which you refuse to read so get a clue, stupid.

    Are you name calling? Typical canuck.

  23. #198

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    Way to add to the conversation detmich!

  24. #199
    Bearinabox Guest

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    Quote Originally Posted by hudkina View Post
    Way to add to the conversation detmich!
    I thought it was pretty funny.

  25. #200
    LouHat Guest

    Default

    Quote Originally Posted by davewindsor View Post
    Did you just knock me for asking a legitimate question? Go fuck yourself.
    Come on, your question was "legitimate" [[legal) but was either ignorant [[give the beaver the benefit of the doubt, snork snork), or it was intentionally provocative [[more like it). Unlike Canada's Jamaican immigrants, Detroit's blacks are the real deal, and are real Americans, and have real American roots and social traction. And you, beaver-boy, have not the slightest idea regarding the pose you wish to strike. You're stupid, face it.

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