ML19329F163

Order Applying Temporary Injunction to Defendant & All Intervenors.Summaries of Proceedings & Findings of Fact & Order Re Proposed Annexation of County Territories to City Encl

ML19329F163
Person / Time
Site:	Midland
Issue date:	07/21/1972
From:	Reisig D MICHIGAN, STATE OF
To:	MICHIGAN, STATE OF
References
NUDOCS 8006200739
Download: ML19329F163 (18)

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4 STATE OF MICllIGAN

, l IN T!!E CIRCUIT COURT FOR Tile COU:JTY OF INGilAM l

i llTOLN!!IP OF MIDLA!4D, a )

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munielpal corporation in Midland County, Mich*gan

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! Cl{ATTECTON, ) -

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' (andRODERTB. Plaintiffs,)

) YLMPOPIslW 10.JU"CTIO*J 3

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) File f.o. 14. ibC /

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jfdICIIb M4 STATE BOUNDARY )

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l,' De f e r.da n t . )

r f At a session of the above entitled

) Court held in the Coart House at

,; Lansing, Michigan, on .9.ly 21, 197' t Presentt Honorable Lcnr.id L. Nim.g Circuit Judne bl

.ais cause, having cone on to be heard upon an Orde r tv

.. now Ctuso why the Temporar'/ Reutraining Ordst issued in saAu cause f

sr.ould not b.tcome a Trsporary injunction and the Court Le t. 9 f ul ly fadvised in t%c prenises, 9

t IT IS HEREIN ORDE!4EU t ha t. the uccisions of tu es f e.ncant i

IG t s t*= Boundary Commission issued under date of June i' 7 , 1s72 unuer

! I 3 tate Itoundary Commission Docket IJo. 71-AR-11 and 71-AT-7 anc all U

rproci s dtngs provided by law to be taken pursuant to said cecisions.

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[ (bo n. reby en;cined and stayed until ti;e further order of t.his Court to creserve the status quo pending a final decision in said cause.

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/? IT IS FURTHER ORDERED triat no bond or supersedeas be l Ire <juired of the Plaintiffs as long as the Towns!tip of Midlano y

l ,r. r.ains a carty Plaintif f in the within cause as saiu Tcwnsalp is L

"' ]"l,* "" ' lexe. tot by law from such requirement.

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........_...... DOCUMENT CONTAINS

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IT IS FURTHER ORDERED that the within Temporary Injur.ctionl shall apply with equal force and effect to all intervening parties l insaidcauseaswellastotheDefendanthereinandtotheirnutrs,l i

successors, representatives and assigns.  ;

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DONALD L. REISIG, Circuit Juuq+: l i

< l Approved as to forms'

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f DAUCKhAM,. PIED & LANG l By d[c , at.d t%

, , JOHN 11. BAUCKHAM

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h' Attorneys for Plaintiff i

tusiness' Address:

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~ ,! 500 Park Bcilding i i Kalamazoo, Michigan 49006 j

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.l t  ; WILLIAM D. SINCLAIR I

jAttorney-for. Plaintiff

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l 224 E. Larkin Street  ;

l Midland, Michigan 48640 j f

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! .01AR.Is D. itKcytEY

' t, Assistant Attorney General

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i l Attorney for. Defendant 1

lDusiness Address:

Law Building.

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~.,,ZUVf l Attor.tey' for Intervening Defendante .)

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EXHIBIT A STATE OF MICHICAN DEPARTMENT OF THE TREASURY BEFORE THE STATE 80UNDART CotWISSION In the matter of:

The proposed annexation of territory in Midland Township Docket No. 71-AR-11 to the City of Midland

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SUMMARY

OF PROCEEDINGS. FINDINGS OF FACT AND ORDER Summary of proceedings This matter of the proposed annexation of the following territory situated in Midland Township, Midland County, to the City of Midland, and described as follows:

Territory A - All that part of the Township of Midland, County of Midland, State of Michigan, adjacent and con-tiguous to, and enclosed by, the following described line, vist Commencing at the North One-Quarter (1/4) post of Section 2, T14N, R2E; thence South along the North and South One-Quarter (1/4) line to the East and West One-Quarter (1/4) line; thence East along the East and West one-Quarter (1/4) line to the Southwesterly right-of-way line of Highway U.S.10; thence Southeasterly along said right-of-way to the intersection with a line 330 feet South of and parallel with the Eest and West One-Quarter (1/4) line; thence West along said line to the North and South One-Quarter (1/4) line; thence South along the North and South One-Quarter (1/4) line to the North line of Section 11; thence East along the North line of Section 11 to a point located 231 feet West of the East One-Eighth (1/8) line of Section 11; thence South 396 feet; thence East 231 feet to the East One-Eighth (1/8) line; thence South along the East One-Eighth (1/8) line to the North One-Eighth (1/8) line of Section 11; thence Etat along the North One-Eighth (1/8) line to the East line of Section 11; thence South along the East line of Section 11 to the One-Quarter (1/4) post common to Sections 11 and 12; thence East along the East and West one-Quarter (1/4) line of Section 12 to the East line of Section 12; thence North along the East line of Sections 12 and 1 to the Northeast Corner of Section 1; thenes Wegt along the North line of Sections 1 and 2 to the place of beginning.

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-2 Territory 8 - All that part ' the Townt. hip of Midland, County of Nidland, State of. higan, adjacent and con-tiguous to, and enclosed by, t... following described

~line, via: Conmencing at the Northeast Corner of Section 25. T14N, R2E; thence West along the I orth line of Section 25 to the intersection with the East line of the West One-Half (1/2) of the Northwest One-Quartar (1/4) of the Northeast one-Quarter (1/4) of Section 25; thenco South along said East line of the West One-Half (1/2) of the Northwest One-Quarter (1/4) of the Northeast One-Quarter (1/4) of Section 25 to the North One-Eighth (1/8) line of Section 25; thence West along the North One-Eighth (1/8) line of Section 25 to the West line of Section 25; thence South along the West line of Sections 25 and 36 to the Northeastcrly right-of-way line of the Chesapeale and Ohio Railroad; thence Southeasterly along said Northeasterly right-of-way line to the South line of Section 36; thence East along the South line of Section 36 to the Southeast Corner of Section 36; thence North along the East line of Sections 36 and 25 to the place of beginning.

Territory C - All that part of the Township of Midland, County of Midland, State of Michigan, adjacent and con-tiguous to, and enclosed by, the following described line, vis Commencing at the Southwest Corner of Section 31 T14N, R2E; thence East along the South line of Sections 31, 32, 33, 34 and 35 to the center line of the Tittabawassee River; thence Northwesterly along the center line of the Tittabawassee River to the intersection with the North line of the South One-Half (1/2) of the Northwest One-Quarter (1/4) of the Northwest One-Quarter (1/4) of Section 35; thence West along said North line of the South One-Half (1/2) of the Northwest One-Quarter (1/4) of the Northwest one-Quarter (1/4) of Section 35 and continuing West along the North line of the South One-Half (1/2) of the Northeast one-Quarter (1/4) of the Northeast One-Quarter (1/4) of Section 34 to the East One-Eighth (1/8) line of Section 34; thence South along said East One-Eli th (1/8) line to the North One-Eighth (1/8) line of Secti.on 34; thence West along said North One-Eighth (1/8) line to the West One-Eighth (1/8) line of Section 34; thence North' along said West One-Eighth (1/8) line 100 feet; thence West parallel to the North One-Eighth (1/8) line to the West line of Section 34, which is also the East line of Section 33; thence North along the East line of Sections 33 and 28 to the center line of the Tittabavassee River; thence North-westerly along the center line of the Tittabawassee River to the North line of Section 28; thence West along the North line of Sections 28, 29 and 30 to the One-Quarter (1/t) post cosmon to Sections 30 and 19; thence North along the North and South One-Quarter (1/4) line of

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3 Section 19 to the center line of the Chippewa River;

. thence Westerly along the center line of the Chippewa River to the West line of Section 19; thence South along the West line of Sections -19, 30 and 31 to the place of beginning.

naving come on for final hearing before Chairman Calhoun, State Commissioners Rogian and VanderLaan and Midland County Boundary Commissioners Johnson and Morris, in the Treasury Building, in Lansing,' Michigan, Wednesday May 17, 1972, and the Commission being fully advised as to the positions of the respective parties made its findings on said date.

Findings of Fact

1. The Commission finds that on May 6,1971, a petition was filed asking for the annexation of certain territory in Midland Township, Midland County, to the City of Midland.

2. The Commission finds that on January 24, 1972, the petition was declared legally sufficient pursuant to Act 191 of the Public Acts of 1968, Act 219 of the Public Acts of 1970, and Act 279 of the Public Acts of 1999, as amended.

3. The Commission finds that they considered the criteria contained in Section 9 of Act 191 of the Public Acts of 1968 and the criteria information given at the pre-hearing conference held February 2, 1$72.

4 The Commission finds thist they have considered the testimony given February 24, 1972, at the public hearing held pursuant to Act 191 of the Public Acts of 1968 and Act 219 of the Public Acts of 1970, notice of such hearing was published and mailed pursuant to Section 8 of Act 191 of the Public Acts of 1968.

5. The Commisglon finds that subsequent to said date this matter come on tor hearing before Chairman Calhoun, State 1

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Commissioners Rosian and Vandcr!aan and Misland County Boun.!.iry Commissioners Johnson and Morris on Jcnuary 24, 1972 Febru::ry 2 1972, and February 24, 1972.

6. The Commission fisJs that more than 100 pers.ons rentdc in the territory proposed to be annexed.

7. The Cossatssion finds that the area proposed to be annexed contains approxinutely 11.4 square miles.

8. The Commission finds that the area proposed to be annexed had a 1971 state equalized valuation of approximately $9,745,000.

9. The Commission finds that the area proposed for annexation contains all of the unincorporated area of Midland Township except that part described in petition 71-AT-7.

10. The Consnission finds that the area proposed to be annexed lays in three parcels along the perimeter of the City of Midland.

11. The Consaission fi .as that the three parcels are separated f rom each other by the City cf Midland.

12. The Commission finds that contiguity does not exist between the parcels that comprise the area ptoposed to be annexed.

13. The Commission finds that it has looked for additional focuses of urbanization such as emerging villages or small cities in the area proposed to be annexed.

14. The Commission finds that neither the Northeast nor Southeast parcels of Midland Township have foreseeable prospects of becoming independent viable cities or villages.

15. The Commission finds that although the Bullock Creek area is identifiable a strong logical center does not exist.

16.- The Consission finds that Bullocit Creek lays within the urban growth area of the City of Midland.

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17. The Cossaission finds that the City of Midland has a long-standing master growth plan which considers the eventual absorption of all of Midland Township.

18. The Commission finds that the area proposed to be annexed lays within that part of the Midland Urban Crowth Area to which the

. City will not now provide or sell water and sewer services.

19. The Commission finds that under Public Act 279 of 1909,~ as amended (the Home Rule Cities Act), the Midland City Council has every legal right to determine to whou, when and under what conditions it will provide or contract for its water and sewer services.

20. The Commission finds that Midland Township does not have the capability of providing reasonable cost water and sewer services except through contracts with other units of government.

21. The Commission finds that the City of Midland has indicated

- its willingness and has shown the capability of providing sewer and water services to the areas proposed for annexation ones they were part of the City of Midland.

22. The Commission finds that the proposed annexation is not in conflict with existing land use plans.

23. The Commission finds that it has considered adjusting the boundaries from those petitioned but finds no necessity for such an adj us t ment.

24. The Commission finds that the topography of the area poses no problems in the supplying of governmental services.

25. The Commission finds that the proposed annexation would not cut across any natural boundaries and is rather a natural extension

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26. The Commission finds that it has reviewed the general effect of the proposed annexation upon the entire community.

27. . The Commission finds that in 1970 a report jointly sponsored by the Midland Towr. ship Board of Trustees and the Midland City Council and titled " Gov 3rnmental Organization in the Greater Midland Area" was completed and transmitted to the two sponsoring boards by the Citizens Research Council of Michigan.

28. The Commission finds that it has reviewed the three alternate courses of action discussed on pages 54, 55, 56 and $7 of this report.

29. The Commission finds that the third alternative discussed on page 57 of the report (the annexation of all of Midland Township to the City of Midland) offers the best course of action to provide maximum urban services at potentially the lowest cost.

30. The Commission finds that the annexation should be approved as petitioned.

31. The Commission finds that the effective date of these findings of fact and order shall be July 1, 1972.

32. The Commission finds that if between 12:01 a.m. July 15, 1972, and before 5:00 p.m. August 14, 1972, a valid petition asking for an election on this question is filed in the Boundary Commission office in Lansing by 25% of the registered voters of the City of Midland, or by 25% of the registered voters of the area approved for annexation, the Commission will order such election.

33. The Commission finds that should no valid petition (as outlined in f 32 above) be filed, this annexation will become operative and effective Aug2st 21, 1972.

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7 IT 15 ORDERED THAT, the Executive Secretary shall forthwith

! transatt to the petitioner a certified copy of these findings of 3

fact and order which are declared to be operative as of May 17,

' 1972, and that the findings of fact and order shall beconc ef fective on July 1,1972.

IT IS FURTHER ORDERED Tiu.T. the Executive Secretary ghall forthwith transmit certifisd copies of these findings of f act

- and order to the Clerk of the City of Midland, the Clerk of Midland Township, the Midland County Clark, and the Secretary of State.

+, W DAVID R. CALHOUN Chairman Dates $' > 7~ 7 V i

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ExlilBIT B STAIE OF MICHIGAN DEPARTMENT OF THE TREASURY BEFORE Ti1E STATE CDARY COMMISSION In the matter of The proposed annexation of territory in Midland Township Docket No. 71-AT-7 to the City of Midland

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SUMHARY OF PROCEEDINGS, FINDINCS OF FACT and CRDER Summary of Proceedinas This matter of the proposed annexation of the following territory situated in Midland Township, Midland County, to the City of Midland, and described as follows:

Commencing on the West line of Section 27. T14N, R2E, at the center line of the Tittabawassee River; thence South along the West line of

• Sections 27 and 34 to a point 100 feet North of the North One-Eighth (1/8) line of Section 34; thence East parallel to the said North One-Eighth (1/8) line to the We' st One-Eighth (1/8) line of Section 34; thence South along the said West one-Eighth (1/8) line 100 feet to the North One-Eighth (1/8) line of Section 34; thence East along the said North One-Eighth (1/8) line to the East One-Eighth (1/8) lire of Section 34; thence North along the said East One-Eighth (1/8) line to the intersection with the North line of the South One-Half (1/2) of the Northeast One-Quarter (1/4) of the Northeast One-Quarter (1/4) of Section 34; thence East along the said North line of the South One-Half (1/2) of the Northeast One-Quarter (1/4) of the Northeast One-Quarter (1/4) of Section 34 and continuing East along the North line of the South One-Half (1/2) of tha Northwest One-quarter (1/4) of the Northwest One-Quarter (1/4) of Section 35 to the center line of the Tittabawassee River; thence Northwesterly along the center line of the Tittabswassee River to the place of beginning.

having come on for final hearing before Chairman Calhoun, State Commissioners Rorian and VanderLaan and Midland County Boundary

f Commissioners Johnson and Morris, in the Mason Building, in Lansing, Michigan, Wednesday, May 17, 1972, and the commission being fully advised as to the positions of the respective parties made its findings on said date.

Findings of Fact

1. . The Commission finds that on April 28, 1971, a petition was transferred from the Kidland County Clerk asking for the annexa-tion of certain territory in Midland Township, Midland County, to the City of Fidland.

2. The Commission finds that on June 23, 1971, the petition was declared legally sufficient pursuant to Act 191 of the Public Acts of 1968, Act 219 of the Public Acts of 1970 and Act 279 of the Public Acts of 1909, as amended.

3. The Commission finds that they have considered the criteria contained in Section 9 of Act 191 of the Public Acts of 1968 and the criteria information given during a pre-hearing conference held February 2, 1972.

4. The Commission finds that they have considered the testimony given February 22, 1972, at the public hearing held pursuant to Act 191 of the Public Acts of 1968 and Act 219 of the Public Acts of 1970, notice of such hearing was published and mailed pursuant to Section 8 of Act 191 of the Public Acts of 1968.

5. The Commission finds that subsequent to said date this matter came on for heard ag before Chairman Calhoun, State Comnissioners Rostan and VanderLaan and Midland County Boundary Conniasioners Johnson and Morris on June 23, 1971, January 4,1972. February 2,1972, and February 22, 1972.

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. 6. The Commission finds that less than 100 persons reside on the territory propos.J to be annexed.

7. The Cossaission finds that the area proposed to be annexed enntains approximately 319.3 acres.

8. The Commission finds that the area proposed to be annexed had a 1969 real value of $265,600.

9. The Cocsaission finds that tho area prcposed for annexation in the site for a proposed Consumors Power Company nuclear pnwer plant.

10. The Commission finds that the proposed power plant is to supply electricity and processed steam to the Dow Chemical Company plants located across the river in the City of Midland.

11. The gCommission finds that when the nucicar power plant is I

placed in oparation Dow Chemical Company will shut down and dismantle eight existing power plants located in the City of Midland.

12. The Conesission finds that the City of Midland will' lose on the order of 8 to 12 million dollars in state equalized valuation by this shut down and dismantling of existing power plants.

13. The Coussission finds that the coal piles necessary to fuel the 41sCtig eight coal power plants have a state equalized valuation of approximately 600,000 dollars which will be lost to the City of Midland.

14 The Connaission finds that the operations of the Dow corporate headquarters along with the Midland Division of Dow Chemical and Dow Corning are the economic lifeblood of a multi-county area surrounding the City of Midland,

15. The Commission finda that the Midland Dow Chemical Division must not only compete with outside competition but must remain cost competitive with like Dow Chemical divisions in other locations.

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16. The Commission finds that Dow Chemical has been closing down Midland operations in f avor of like operations in other parts of the world.

17. The Commission finds that these phasecuts have contributed to a declining number of jobs in the Greater Midland operations and have hit hardest the hourly worker.

18. The Commission finds that almost all of the Dow Chemical Kidland Company's operating division is in the City of Midland and that this division is placed in an unfavorable competitive position due to the level of ad valorum and personal property tases paid by this division.

19. The Commission finds that the vitality and growth of the Dow Chemical Midland Company's operating division along with those of Dow Corning are essential for the future of the City of Midland and those counties surrounding it.

20 The Coasdssion finds that Midland Township is levying one mill.

21. The Commission finds that should the power plant be located in the township, its estimated equalized value of 275 million would generate tax revenues of $275,000 for the township each year.

22. The Commission finds that the City of Midland has stated it will be able to reduce its tax rate from 11.3 mills to approximately 7 mille should the power plant be located within the City.

23. The Commission finds that should the power planc be located in the City of Midland the 7 mill rate would generate $1.923.000 of tax revenue each year to offset the millags reduction referred to in -

1. 12 above.

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. 24. The Commission finds that the $1,650,000 difference between the City's reduced rate and the township race' of revenue generated each year by the millage would not only be an' asset to the City but to the whole reston.

25. The Commission finds that should the annexation be accomplished, the reduced tax rate in the City of Midland would enable the Midland division of Dow Chemical and Dow Corning to be such more cost competitive than at the present.

26. The Commission finds that the re-establishment of the ccmpetitiveness of the Midland division is essential for future growth in the area and the maintenance and expansion of the job market in the Greater Midland area.

, 27. The Commission finds that cooling towers and impotadment areas with an estimated value of 25 million dollars probably will be built on lands adjacent to the power plant site.

28. The Commission finds that should this annexation be accompl?:hed these cooling tcwers and impoundsent arena would probably remain in Midland Township.

29. The Consnission finds that these cooling towers and impoundment areas would likely be removed from the tax rolls by the Michigan Department of Public Health and the State Tax Commission under the provisions of the Air Pollution statute.

30 The Commission finds that it has examined ways to distribute the tax revenues generated by the proposed power plant between Midland Township and the City of Midland rather than going in total to only one unit.

31. The Commission finds that it has discussed a condition of annexation approval that would have directed the City of Midland to, l

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yearly, pay for the installation of utility mains and/or treatment facilities in Midland Township equal to one nill of the power plant's valuation for that year.

32. The Commission finds that such a redistribution of the revenues generated by tne power plant would be equitable not only to Hidland Township and the City of Hidland but to the total Midland area.

33. The Commission finds that it could find no authority under existing law or the State Cunstitution to dictate or order much a redistribution of tax revennes.

34. The Commission finds that the power plant sitt is located within the City of Midland School District and this school district will receive the revenues f rom the plant whether annexation is accomplished or not.

35. The Consission finds that the area proposed for annexation, according to the township zoning map, is predominantly industrial and partly residential A sad that Consumers Power Company has been granted a special use permit for that portion zoned residential A for the j plant site and impoundment area.

36. The Commission finds that the need for services such as water, sewer, fire and police protection were not major factors in its decision.

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The Commission finds that the power plant will provide many of its own internal services and would call on the city or township to act only in a backup capacity.

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The Commission finds that the City of Midland has a fire department more qualified in terms of supplemental equipment and training program f'.miliarity with industrial hazard and radiation hazard circumstatees than the township.

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39. The Commission finds th e the Atomic Energy Co miasion's catastrophy planning looks to the laboratories and technical personnel of the City of Midland for assistance.

40. The Commission finds that the water for the power riant will be purchased by Dow Chemical from the City of Midland and resold to Consumers Power Company regardless of whether annexation is accomplished or not.

41. The Conssission finds that it recognizes that there is a connoccion between the two pending Hidland petitions (71-AT-7 and 71-AR-11) and that they have the ability to change the boundaries from those petitioned.

42 The Coassission finds that it has considered adjusting the boundaries from those petitioned so as to unite the two petitions.

43. The Comission finds that the best interest of the whole Midland community would be best served by considering them separately, as petitioned.

44 The Connaission finds that the area propaced for annexation lays within the natural growth influence of the City of Midland and that future land use will be urban-industrial in cature.

45. The Commission finds that the area proposed for annexation can be serviced v5th sewer and water by the City of Midland when such service is required.

46. The Commission finds that they have examined the effect of the proposed < nexation on Midland Tot nship and upon the o ttire community.

47. The Commission finds that the proposed annexation is consistent with existing well-developed plans for land use and municipal services.

48. The Commission finds that the topography of the area poses no problems in tha supplying of governmental services.

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49. The Commission finds that the Tittabawassee Mver does not offer an impediment to the natural extenelon of the City.

50 The Commission finds that the annexation should be approved as petitioned.

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IT IS ORDERED THAT, the Executive Secretary shall forthwith transett to the petitioner a certified copy of these findings of fact and order which are declared to be operative as of July 1,1972, and that the annexation of a territory described in these findings of fact and order to the City of Midland shall become effective on July 15, 1972.

IT IS FURTHER ORDERID THAT, the Executive Secretary shall forthwith transmit certified copies of these findings of f act and order to the Clerk of Midland Township, the Clerk of the City of Midland, the Midland County Clerk and the Secretary of State.

• *.- kYm DAVID R. CAUiOUN Chairman Dates _ de . > 7- 7 v

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