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PROCEDURE FOR CONSOLIDATION A Discussion STATE BOUNDARY COMMISSION

Tuesday, January 24, 2012 – Saugatuck, Michigan Kevin O’Brien P.S., SBC Staff SBC = State Boundary Commission DLARA = Department of Licensing & Regulatory Affairs. PROCEDURE FOR CONSOLIDATION A Discussion STATE BOUNDARY COMMISSION

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PROCEDURE FOR CONSOLIDATION A Discussion STATE BOUNDARY COMMISSION

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  1. Tuesday, January 24, 2012 – Saugatuck, Michigan Kevin O’Brien P.S., SBC Staff SBC = State Boundary Commission DLARA = Department of Licensing & Regulatory Affairs PROCEDURE FOR CONSOLIDATION A Discussion STATE BOUNDARY COMMISSION Office of Land Survey & Remonumentation Bureau of Construction Codes Department of Licensing and Regulatory Affairs 

  2. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan Main Steps For A Successful Consolidation: Petition to Initiate Consolidation Process SBC Legal Sufficiency Hearing SBC Public Hearing SBC Adjudicative Hearing DLARA Director’s Order Referendum Petition Charter Commission Vote on Charter

  3. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • Petition to Initiate Consolidation Process • Petition signed by registered electors who are residents of one or more of the affected municipalities at least equal to 5 percent of the total population of the affected municipalities [MCL 123.1012(1)]

  4. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • SBC Legal Sufficiency Hearing • Petition is reviewed by SBC staff, and a memorandum is provided to the commission • Commission may: • Approve legal sufficiency of petition and schedule public hearing • Approve legal sufficiency of petition, expand revise (rev. 4-18-12) the area of the proposed consolidation, and schedule a public hearing • Recommend that DLARA director reject the petition as legally insufficient – Process stops, and a new petition drive is required to restart process. [MCL 123.1012(4)]

  5. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • SBC Public Hearing • Notice of public hearing posted in newspaper in area of proposed consolidation [MCL 123.1008(4)] • Held in area of proposed consolidation [MCL 123.1008(4)] • SBC hears comment from involved parties and general public [MCL 123.1008(4)] • SBC receives comment up to 30 days after public hearing and rebuttals in a specified 7 day period [r123.68]

  6. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • SBC Adjudicative Hearing • SBC considers evidence presented in light of the 18-point criteria specified in the SBC act [MCL 123.1009 and Midland Twp. v. SBC 401 MICH 641] • SBC may: • Recommend DLARA director approve the petition [MCL 123.1012a(1)] • Recommend DLARA director approve the petition with the expanded revised (rev. 4-18-12) area [MCL 123.1012a(1)] • Recommend that DLARA director deny the petition [MCL 123.1012a(2)]

  7. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • DLARA Director’s Order • Per Executive Reorganization Order 1996-2, the powers of the SBC were transferred to the director of the Department of Commerce (DLARA) • The SBC is a recommending body • The director of the DLARA makes the final decisions on all consolidation petitions • The director does not have to follow the recommendation of the SBC

  8. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • DLARA Director’s Order (cont.) • The director may: • Approve the petition with the boundaries as filed [MCL 123.1012a(1)] • Approve the petition with the expanded revised (rev 4-18-12) boundary [MCL 123.1012a(1)] • Deny the petition. If the petition is denied, the consolidation procedure is ended [MCL 123.1012a(2)]

  9. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • Referendum Petition • If the director signs the order approving the consolidation, the order becomes final in 45 days, unless, a petition asking for a referendum on the consolidation question is filed with the SBC. [MCL 123.1012a(3)] • The petition must be signed by 5 percent of the registered electors residing in the area to be consolidated. • If the petition signatures are approved, the SBC shall order a referendum to be placed on the ballot for voter approval.

  10. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • Referendum Petition (cont.) • In order to be adopted, the proposition to consolidate shall receive an affirmative majority vote in each municipality voting separately. [MCL 123.1012a(4)] • If a majority of the votes cast in each municipality affected are in favor of consolidation, the director’s order becomes final and proceedings continue. • If a majority of the votes cast in each municipality affected are NOT in favor of consolidation, the proceedings on the consolidation proposal shall terminate.

  11. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • Charter Commission • 9 charter commissioners chosen by: • Election held at the time of the referendum or at an election within 60 days after a favorable vote on the proposition to consolidate. Representation is based upon the percentage of the population of each municipality to the total population of the proposed consolidated city. [MCL 123.1013(1)] • The governing bodies of the municipalities proposed for consolidation may appoint the charter commissioners by resolution. In this case, representation shall be equal for all municipalities. [MCL 123.1013(2)]

  12. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • Charter Commission (cont.) • Convenes within 10 days after the election [MCL 117.15] • Drafts a proposed charter • Submits the proposed charter to the Governor of Michigan through the Michigan Attorney General’s Office [MCL 117.22] • Revise charter as needed per Governor’s comments [MCL 117.22] • Publishes the proposed charter in the local newspaper [MCL 117.15(3)] • Submit proposed charter to voters for approval [MCL 117.23 and 123.1015]

  13. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • Vote on Charter • 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. [MCL 123.1015] • If the charter is not adopted on the first vote taken by the electors, the charter commission may reconvene and prepare a new or revised charter and shall submit the revised charter to the electors. If the second charter does not receive a favorable vote of a majority of the electors of all the affected municipalities, voting separately, the consolidation proceedings shall end. [MCL 123.1017(2) and (3)]

  14. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan • Vote on Charter (cont.) • At the same election proposing the adoption of the charter, the election of the officers of the proposed consolidated city shall take place. [MCL 117.15(3)]

  15. PROCEDURE FOR CONSOLIDATIONA Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan ???Questions??? Thank You State Boundary Commission Office of Land Survey & Remonumentation Bureau of Construction Codes Department of Licensing and Regulatory Affairs  P.O. Box 30254 – Lansing, MI  48909 Phone: 517-241-6321 Fax: 517-241-6301 bccolsr@michigan.gov

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