reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 261 of 1927 - Disposal Plants (123.271 - 123.276) › Section 123.272 - Required Permit.

123.272 Required permit.
Sec. 2.
It shall be unlawful for any individual, firm, private, public or municipal corporation to acquire, erect, own, operate, maintain, manage, control or build garbage disposal plants, sewage disposal plants, settling basins, apparatus or screens for the treatment of sewage matter within the corporate limits of any other city or village, without first obtaining a permit from said city or village in accordance with the provisions of this act.
History:
1927, Act 261, Eff. Sept. 5, 1927 ;-- CL 1929, 2483 ;-- CL 1948, 123.272
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 261 of 1927 - Disposal Plants (123.271 - 123.276) › Section 123.273 - Required Permit; Procedure to Procure; Disposal of Sewage by Municipality; Members of Municipality Authority.

123.273 Required permit; procedure to procure; disposal of sewage by municipality; members of municipality authority.
Sec. 3.
Any public or municipal corporation desiring such permit shall make application for the granting thereof unto the legislative body of any city or village in which said work or plant is proposed to be located. Such application shall state the exact property within the city limits to be devoted to said plant and shall state the kind of work or plan contemplated and the size and capacity thereof and shall render such other information to the said legislative body as the latter may require. The proposal shall, in manner and form as said body may provide, be submitted to a vote of the electors of said city or village at the next general or special election, and if the granting of the permit be approved by a majority of the electors voting therefor, then the permit shall be granted: Provided, however, That nothing in this act shall prevent any city or village from disposing of its own sewage matter within its own corporate limits or in territory outside thereof which is not within the limits of any other incorporated city or village without obtaining a permit therefor as in this act required, or in any such plants and works actually in operation at the time of the passage of this act or enlargements thereto: Provided further, That nothing in this act shall prevent any city or village which is a member of an authority incorporated under Act No. 179 of the Public Acts of 1947, being sections 123.301 to 123.310, inclusive, of the Compiled Laws of 1948, for the purpose of the collection or disposal, or both, of garbage or rubbish, or both, from acquiring, erecting, owning, operating, maintaining, managing, controlling or building the equipment, trucks, buildings and plants by such authority which are necessary for the purposes of its incorporation, within the corporate limits of such city or village member, without obtaining a permit therefor as in this act required: Provided further, That nothing in this act shall be construed as authority to violate the provisions of any local zoning ordinance.
History:
1927, Act 261, Eff. Sept. 5, 1927 ;-- CL 1929, 2484 ;-- CL 1948, 123.273 ;-- Am. 1952, Act 33, Imd. Eff. Mar. 31, 1952
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 261 of 1927 - Disposal Plants (123.271 - 123.276) › Section 123.274 - Declaration of Nuisance; Action.

123.274 Declaration of nuisance; action.
Sec. 4.
Any building, plant or work erected, constructed or carried on in violation of any the provisions of this act is hereby declared to be a nuisance and an action for the abatement of such nuisance may be brought in the name of the people of the state of Michigan, by the attorney general of the state of Michigan, or by any one or more of the property owners within the city or village in which said building, plant, or work is attempted to be placed in violation of this act.
History:
1927, Act 261, Eff. Sept. 5, 1927 ;-- CL 1929, 2485 ;-- CL 1948, 123.274
Compiler's Notes:
The word “of” between “any” and “the provisions,” near the beginning of this section, appears to have been omitted.
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 261 of 1927 - Disposal Plants (123.271 - 123.276) › Section 123.275 - Application of Act.

123.275 Application of act.
Sec. 5.
Nothing in this act shall in any way impair, impeach, or in any way affect any right of action in law or in equity that may now exist in addition to the provisions of this act for the prevention of building plants or works, named in this act, nor shall this act in any way affect the right of any city or village to enact ordinances for their protection against such building plants or works in this act named. This act shall not apply to sewage disposal tanks, settling basins, apparatus or screens for the treatment of sewage matter, where the same are located within the confines of any city or village whose sewage constitutes part of the total sewage entering such a facility.
History:
1927, Act 261, Eff. Sept. 5, 1927 ;-- CL 1929, 2486 ;-- CL 1948, 123.275 ;-- Am. 1962, Act 21, Imd. Eff. Apr. 9, 1962
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 261 of 1927 - Disposal Plants (123.271 - 123.276) › Section 123.276 - Resolution as Permit.

123.276 Resolution as permit.
Sec. 6.
Notwithstanding any other provision in this act, a resolution adopted by the legislative body of an incorporated city or village in this state authorizing and approving a contract with any other municipal or public corporation of this state with respect to the financing or location of or service from a garbage disposal plant, or garbage reduction plant in the corporate limits of the city or village constitutes a permit to acquire, improve, enlarge, extend, operate, and maintain the plant within the corporate limits of the city or village.
History:
Add. 1989, Act 187, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.301 - Garbage and Rubbish Disposal and Dog Pound Authority; Incorporation by Municipality.

123.301 Garbage and rubbish disposal and dog pound authority; incorporation by municipality.
Sec. 1.
Any 2 or more cities, villages or townships, hereinafter referred to as "municipalities", or any combination thereof, may incorporate an authority for the purpose of the collection or disposal, or both, of garbage or rubbish, or both, and for the establishment and operation of a dog pound, by the adoption of articles of incorporation, by the legislative body of each such municipality. The fact of such adoption shall be endorsed on such articles of incorporation by the mayor and clerk of the city, the president and clerk of the village, or the supervisor and clerk of the township, as the case may be, in form substantially as follows:
"The foregoing articles of incorporation were adopted by the ....................... of the ................................. of ................................., ........................... county, Michigan, at a meeting duly held on the .................. day of ................................., 19.... of said .................. Clerk of said ....................."
The authority shall be comprised of the territory within such incorporating municipalities. The articles of incorporation shall be published at least once in a newspaper designated in said articles and circulating within the authority. One printed copy of such articles of incorporation certified as a true copy by the person or persons designated therefor, with the date and place of such publication, shall be filed with each the secretary of state and the clerk of the county within which such authority or the major portion thereof is located. Such authority shall become effective at the time provided in said articles of incorporation. The validity of such incorporation shall be conclusively presumed unless questioned in a court of competent jurisdiction within 60 days after the filing of such certified copies with the secretary of state and the county clerk.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.301 ;-- Am. 1955, Act 92, Imd. Eff. June 2, 1955
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.302 - Authority; Articles of Incorporation, Contents.

123.302 Authority; articles of incorporation, contents.
Sec. 2.
Said articles of incorporation shall state the name of such authority, the names of the various municipalities creating the same, the purpose or purposes for which it is created, the powers, duties and limitations of the authority and its officers, the method of selecting its governing body, officers and employees, the person or persons who are charged with the responsibility of causing the articles of incorporation to be published and printed copies to be certified and filed as above provided or who are charged with any other responsibility in connection with the incorporation of said authority, all of which shall be subject to the provisions of the constitution and statutes of the state of Michigan and particularly of this act.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.302
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.303 - Authority; Corporate Powers; Construction of Act.

123.303 Authority; corporate powers; construction of act.
Sec. 3.
Such authority shall be a body corporate with power to sue or be sued in any court of this state. It shall possess all the powers necessary to carry out the purposes of its incorporation, and those incident thereto. The enumeration of any powers in this act shall not be construed as a limitation upon such general powers.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.303
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.304 - Authority; Acquisition, Management, Sale or Lease of Land; Condemnation.

123.304 Authority; acquisition, management, sale or lease of land; condemnation.
Sec. 4.
For the purposes of its incorporation, the authority may acquire private property by purchase, lease, gift, devise or condemnation, either within or without its corporate limits, and may hold, manage, control, sell, exchange or lease such property. For the purpose of condemnation, it may proceed under the provisions of Act No. 149 of the Public Acts of 1911 as now or hereafter amended, or any other appropriate statute.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.304
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.305 - Authority; Contracts; Time Limitations; Charges.

123.305 Authority; contracts; time limitations; charges.
Sec. 5.
(1) The authority may contract with any municipality that is a part of the authority for the collection or disposal, or both, by the authority of garbage or rubbish, or both, originating in the municipality, or for the establishment and operation of a dog pound for the municipality, for a period not exceeding 40 years. The charges specified in the contract shall be subject to increase by the authority, if necessary, in order to provide funds to meet its obligations.
(2) For the purposes provided in subsection (1), the authority may also contract with a city, village, or township that is not a part of the authority. The contract may provide for charges greater than those to the municipalities that are a part of the authority. The contract shall be for a period not exceeding 40 years. The charges under the contract shall be subject to change from time to time.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.305 ;-- Am. 1955, Act 92, Imd. Eff. June 2, 1955 ;-- Am. 1962, Act 16, Imd. Eff. Mar. 26, 1962 ;-- Am. 1992, Act 106, Imd. Eff. June 25, 1992
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.306 - Authority; Right to Make Subcontracts.

123.306 Authority; right to make subcontracts.
Sec. 6.
The authority shall have the power to contract with any person, firm or corporation for the performance by the latter of any part of the work of collecting or disposing, or both, of garbage or rubbish, or both.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.306
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.307 - Authority; Articles of Incorporation, Amendment.

123.307 Authority; articles of incorporation, amendment.
Sec. 7.
Any city, village or township may become a part of such authority by amendment to the articles of incorporation, adopted by the legislative body of such city, village or township and by the legislative body of each city, village or township of which such authority is composed. Other amendments may be made to such articles of incorporation if adopted by the legislative body of each city, village or township of which the authority is composed. Any such amendment shall be endorsed, published and certified printed copies filed in the same manner as the original articles of incorporation, except that the filed printed copies shall be certified by the recording officer of the authority.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.307
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.308 - Power to Raise and Expend Moneys; Payment of Contracts; Taxing Power Denied Authority.

123.308 Power to raise and expend moneys; payment of contracts; taxing power denied authority.
Sec. 8.
The legislative body of each city, village or township which is a part of such authority is authorized to raise by tax or pay from its general funds, any moneys required to be paid by the articles of incorporation or by the terms of any contract between it and the authority, unless some other method is provided therefor in such articles of incorporation or contract. The authority shall have no direct taxing power.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.308
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.309 - Self-Liquidating Revenue Bonds; Issuance.

123.309 Self-liquidating revenue bonds; issuance.
Sec. 9.
For the purpose of acquiring, constructing, improving, enlarging or extending facilities for the collection or disposal, or both, of garbage or rubbish, or both, or for the purpose of refunding bonds previously issued, the authority may issue self-liquidating revenue bonds in accordance with the provisions of Act No. 94 of the Public Acts of 1933, as amended, being sections 141.101 to 141.139 of the Compiled Laws of 1948. No such bonds shall be a general obligation of the authority but shall be payable from revenues only.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.309 ;-- Am. 1959, Act 205, Imd. Eff. July 23, 1959
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 179 of 1947 - Joint Garbage and Rubbish Disposal (123.301 - 123.311) › Section 123.310 - Powers Additional.

123.310 Powers additional.
Sec. 10.
The powers herein granted shall be in addition to those granted by any statute or charter.
History:
1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.310
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 152 of 1976 - Access to Disposal Facilities (123.321 - 123.323) › Section 123.321 - Tank Disposal Facilities Maintained by Gas Station; Installation of Lock; Use of Facilities.

123.321 Tank disposal facilities maintained by gas station; installation of lock; use of facilities.
Sec. 1.
A person, firm, or corporation operating a gas station which maintains tank disposal facilities for trailers, campers, or other recreation or travel vehicles, which facilities are connected directly with sewer systems, shall install a lock on the facilities and permit the use of the facilities only upon the permission of the manager or attendant in charge of the premises.
History:
1976, Act 152, Imd. Eff. June 17, 1976
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 152 of 1976 - Access to Disposal Facilities (123.321 - 123.323) › Section 123.322 - Installation of Lock on Outdoor Capped Access to Sewer Located at Gas Station.

123.322 Installation of lock on outdoor capped access to sewer located at gas station.
Sec. 2.
A lock shall be installed on an outdoor capped access to a sewer located at a gas station and the capped access be kept locked at all times except when the facilities described in section 1 are in use.
History:
1976, Act 152, Imd. Eff. June 17, 1976
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 152 of 1976 - Access to Disposal Facilities (123.321 - 123.323) › Section 123.323 - Violation; Penalty.

123.323 Violation; penalty.
Sec. 3.
A person, firm, or corporation who violates this act is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00.
History:
1976, Act 152, Imd. Eff. June 17, 1976
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.331 - Public Corporation; Definition.

123.331 Public corporation; definition.
Sec. 1.
The term "public corporation" as used herein shall be deemed to mean any county, metropolitan district, city, village or township in this state.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.331
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.332 - Water and Sewage Disposal System; Acquisition Through Change of Boundaries; Referendum.

123.332 Water and sewage disposal system; acquisition through change of boundaries; referendum.
Sec. 2.
When any public corporation shall have acquired any water or sewage disposal system, and, by subsequent incorporation, annexation or other change of boundaries, the land in which any part of such system lies shall have been placed within the boundaries of any other public corporation, the legislative or governing body of such other public corporation, if it desires to acquire that part of such system lying within its boundaries, shall submit the question of acquiring the same to vote of its qualified electors at a regular or special election.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.332
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.333 - Disposal System; Electors' Approval; Ordinance.

123.333 Disposal system; electors' approval; ordinance.
Sec. 3.
If such proposition shall receive the favorable vote of 3/5 of the electors voting thereon, the legislative or governing body of such public corporation may adopt an ordinance providing for taking the ownership of that portion of such system lying within its boundaries on a specified date not less than 3 months from the adoption of said ordinance and cause a copy of said ordinance to be delivered within 10 days after its adoption to the clerk of each other public corporation within which any part of such system is located.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.333
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.334 - Disposal System; Joint Board or Commission, Control; Members, Election.

123.334 Disposal system; joint board or commission, control; members, election.
Sec. 4.
On or before the date specified in said ordinance, it shall be the duty of each of such public corporations, by its legislative or governing body, to elect 1 member of a joint board or commission. The members so elected shall elect 1 additional member, and the board so constituted shall have full control of the operation, extension and improvement of the system except as herein otherwise provided. The members of such board shall be elected annually in the same manner.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.334
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.335 - Disposal System; Alternative Plans for Division or Operation.

123.335 Disposal system; alternative plans for division or operation.
Sec. 5.
The several public corporations in which said system lies may, at any time before or after the date specified, enter into a contract providing, in lieu of the provisions of section 4 of this act, for the division of such system, between the several public corporations, or for its operation as a single unit either by 1 of the public corporations as agent for all, or by a joint board of commissioners, 1 or more of whom shall be appointed by the legislative or governing body of each public corporation, and 1 or more shall be elected by such commissioners or by some disinterested agency.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.335
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.336 - Disposal System; Retirement of Bonds; Noncallable Bonds; Bond and Interest Redemption Fund; Payment Priority; Bonds Subject to Revenue Bond Act of 1933.

123.336 Disposal system; retirement of bonds; noncallable bonds; bond and interest redemption fund; payment priority; bonds subject to revenue bond act of 1933.
Sec. 6.
(1) If there are outstanding revenue bonds issued for the acquisition, construction, extension, or improvement of the system, the bonds may be retired either by the issue of joint refunding bonds on behalf of all the public corporations by concurrent ordinances of their respective legislative or governing bodies, or by the apportionment of the outstanding indebtedness among the several public corporations and assumption by each of its proportion of indebtedness, or the issue by each of revenue refunding bonds or other obligations for its proportion. Unless otherwise provided by contract, the outstanding indebtedness, if the plan of refunding or assumption is adopted by either public corporation, and if there are noncallable bonds the owners of which do not consent to surrender for redemption, exchange, or indorsement, the plan may nevertheless be made effective if provision is made for the subordination of the refunding or assumed bonds to those not consenting and for a separate bond and interest redemption fund for the non-consenting bonds and the deposit of all money required by the ordinance under which the bonds were originally issued for the payment of the non-consenting bonds and reserves before any provision is made for the payment of the refunding or assumed bonds or reserves.
(2) Bonds issued under this section are subject to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.336 ;-- Am. 2002, Act 415, Imd. Eff. June 3, 2002
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.337 - Disposal System; Operation as a Single Unit; Segregation and Disposition of Revenues, Retirement of Bonds.

123.337 Disposal system; operation as a single unit; segregation and disposition of revenues, retirement of bonds.
Sec. 7.
The integrity and unit of operation of the entire system as a single unit shall be preserved, and the segregation, safekeeping and disposition of its revenues as provided by the bond ordinance shall be continued until all outstanding bonds assumed by the revenues of the entire system shall have been retired by payment, redemption, assumption, or exchange, or provision made for their priority in accordance with section 6 of this act.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.337
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.338 - Disposal System; Operation as a Separate Unit After Retirement of Bonds; Collection and Disposition of Revenues.

123.338 Disposal system; operation as a separate unit after retirement of bonds; collection and disposition of revenues.
Sec. 8.
After all outstanding bonds have been paid or their priority secured as aforesaid, or have been retired by the issue of separate refunding bonds, by the several public corporations, jointly or severally, or by the assumption by each of its proportion thereof, any public corporation shall have the right to take over the ownership and operation of that part of the system lying within its boundaries and the collection and disposition of the revenues derived therefrom, subject to such conditions as will secure to all the subdivisions the connections, flowage rights and other facilities necessary to the operation of their respective systems.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.338
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.339 - Disposal System; Division Between Public Corporations; Proportionate Share of Expenses or Indebtedness.

123.339 Disposal system; division between public corporations; proportionate share of expenses or indebtedness.
Sec. 9.
If any such system shall be divided, each public corporation shall provide for the operation of its portion and for the proper proportion of any expenses common to the entire system or separate systems, including payment of interest and principal of any unrefunded bonds of the original issue and for the payment of those expenses properly chargeable to its separate system including the payment of any bonds assumed or separately issued by it.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.339
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.340 - Disposal System; Operation by Joint Board or Agency as Unit; Fund Payments; Depreciation, Contingent, and Surplus Funds; Revised Municipal Finance Act Inapplicable.

123.340 Disposal system; operation by joint board or agency as unit; fund payments; depreciation, contingent, and surplus funds; revised municipal finance act inapplicable.
Sec. 10.
(1) If the system is operated as a single unit, by a joint board or by 1 public corporation as agent for all, the operating board or agency shall provide for the payment of the necessary amounts into the operation and maintenance fund and into the bond and interest redemption fund for all bonds secured by the revenues of the entire system. The public corporations may, by contract, provide for the joint holding and management of other revenues or for their apportionment and deposit into separate bond and interest redemption funds for bonds, severally issued or assumed and into separate depreciation, contingent, and surplus funds. Unless otherwise provided by the contract, those revenues shall be divided and paid quarterly or more often into their respective treasuries and set apart by each into the appropriate funds. Unless otherwise provided by the contract, each public corporation shall have control of the construction of extensions and improvements to the system within its boundaries, and shall be entitled to its proportion of the contingent and surplus funds for that purpose.
(2) The contracts described in subsection (1) are not subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.340 ;-- Am. 2002, Act 415, Imd. Eff. June 3, 2002
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.341 - Disposal System; Apportionment of Revenues, Debts, Properties; Realty, Purchase, Use.

123.341 Disposal system; apportionment of revenues, debts, properties; realty, purchase, use.
Sec. 11.
Unless otherwise provided by contract, all revenues subject to apportionment and all outstanding indebtedness to be separately refunded or assumed by the several public corporations shall be divided in proportion to the net revenues received during the preceding fiscal year from services rendered by the system to property within the respective boundaries of such public corporations. All properties, including buildings, shops, garages, warehouses having a permanent location, shall upon appraisal be purchased by the public corporation within whose boundaries it is located for a percentage of the appraised value, applicable to the division of revenues as herein provided, but so far as necessary to the efficient operation of parts of the system lying within the boundaries of another public corporation, such property may continue to be used for that purpose for a charge to such other public corporation for its proportion of the expenses of operation and repairs. Any cash assets and intangible property shall be divided in the same proportion as herein provided for the net revenues.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.341
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.342 - Disposal System Provisions Applicable.

123.342 Disposal system provisions applicable.
Sec. 12.
Except as herein provided, all such systems shall be subject to the provisions of Act No. 94 of the Public Acts of 1933, as now or hereafter amended.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.342
Compiler's Notes:
For provisions of Act 94 of 1933, referred to in this section, see MCL 141.101 et seq.
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.343 - Disposal System; Cumulative Effect of Act; Repeal of Authority Granted by Other Law.

123.343 Disposal system; cumulative effect of act; repeal of authority granted by other law.
Sec. 13.
This act is cumulative authority for the exercise of the powers hereby granted, and does not repeal any existing authority granted by any other law.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.343
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.344 - Disposal System; Joint Acquisition by Public Corporations Under Other Statutes; Contracts.

123.344 Disposal system; joint acquisition by public corporations under other statutes; contracts.
Sec. 14.
Any public corporations which may, heretofore or hereafter, have jointly acquired the ownership or right to operate any water or sewage disposal system under any other statute may make any contract in regard to such system of the nature hereby authorized.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.344
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.345 - Disposal System; Contracts for Division of Systems Existing or to Be Acquired.

123.345 Disposal system; contracts for division of systems existing or to be acquired.
Sec. 15.
Any public corporation which may, heretofore or hereafter, have acquired a water or sewage disposal system extending beyond its own boundaries and any public corporation into whose territory any such system shall extend, may divide such system by a contract of the nature hereby authorized.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.345
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.346 - Vote or Proceeding by Public Corporation Before Effective Date of Act; Validation.

123.346 Vote or proceeding by public corporation before effective date of act; validation.
Sec. 16.
Any vote or proceeding authorized hereby which may have been taken by any public corporation before the effective date of this act is hereby validated.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.346
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 235 of 1947 - Joint Water and Sewage Disposal System (123.331 - 123.347) › Section 123.347 - Act Not Deemed Part of Bondholders' Contract; Proceedings Impairing Contracts Prohibited.

123.347 Act not deemed part of bondholders' contract; proceedings impairing contracts prohibited.
Sec. 17.
This act shall not be deemed to be a part of the bond contract between a public corporation hereafter issuing any revenue bonds and the holders of such bonds, and no proceedings shall be taken hereunder which will impair the contract rights of such bondholders.
History:
1947, Act 235, Eff. Oct. 11, 1947 ;-- CL 1948, 123.347
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 82 of 1955 - Joint Water and Sewage Disposal System (123.351 - 123.356) › Section 123.351 - Definitions.

123.351 Definitions.
Sec. 1.
The words "water supply system and/or sewage disposal system" as herein used shall include either or both of such systems or a combined water supply and sewage disposal system.
The term "water supply system" shall include all plants, works, instrumentalities and properties used or useful in connection with obtaining a water supply, the treatment of water and/or the distribution of water.
The term "sewage disposal system" shall include all sanitary sewers, combined sanitary and storm sewers, plants, works, instrumentalities and properties used or useful in connection with the collection, treatment and/or disposal of sewage and/or industrial wastes.
History:
1955, Act 82, Imd. Eff. May 26, 1955
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 82 of 1955 - Joint Water and Sewage Disposal System (123.351 - 123.356) › Section 123.352 - Purchase of Water Supply System And/or Sewage Disposal System by City From Adjoining Metropolitan District; Contract, Approval.

123.352 Purchase of water supply system and/or sewage disposal system by city from adjoining metropolitan district; contract, approval.
Sec. 2.
Where any part of a city adjoins or is included in a metropolitan district organized under the provisions of Act No. 312 of the Public Acts of 1929, as amended, being sections 119.1 to 119.15, inclusive, of the Compiled Laws of 1948, such city may acquire by purchase the water supply system and/or sewage disposal system owned by such metropolitan district, and may own, maintain and operate the same either separately or as a part of its own water supply system and/or sewage disposal system, and may improve, enlarge and extend the same. Any such metropolitan district is hereby empowered to sell its water supply system and/or sewage disposal system in accordance with the terms of this act. In the event that there are outstanding any bonds pledging the revenues of such metropolitan district system or systems, the city may assume the obligations of the metropolitan district on said bonds as a part or complete payment of the purchase price. The purchase agreement shall be evidenced by a contract between the city and metropolitan district, which contract shall be approved by a resolution adopted by the affirmative vote of 3/5 of the members elect of the respective governing bodies of such city and metropolitan district. Such a contract shall contain those provisions which the parties thereto shall deem necessary to properly effect such sale and purchase and to define the rights and obligations of the parties. No such contract shall be entered into unless the disposal of the system or systems shall have been authorized by 3/5 of the electors of the metropolitan district voting thereon at a regular or special election and unless the acquirement of the system or systems shall have been authorized by 3/5 of the electors of the city voting thereon at a regular or special city election. Such an authorization shall be valid for the purpose of this act if made at an election held after the effective date of this act or within 1 year prior thereto. The foregoing requirements as to authorization by the electors shall supersede any charter requirements in that respect.
History:
1955, Act 82, Imd. Eff. May 26, 1955
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 82 of 1955 - Joint Water and Sewage Disposal System (123.351 - 123.356) › Section 123.353 - Succession of Rights, Obligations and Property; Contract.

123.353 Succession of rights, obligations and property; contract.
Sec. 3.
Any city acquiring a water supply system under the terms hereof shall succeed to all the rights, obligations and property of the metropolitan district, respecting or connected with such system or with the functions of supplying water, unless the purchase contract shall otherwise provide. Any city acquiring a sewage disposal system under the terms hereof shall succeed to all the rights, obligations and property of the metropolitan district, respecting or connected with such system or with the functions of supplying sewage disposal, unless the purchase contract shall otherwise provide. Any city acquiring both a water supply system and a sewage disposal system, or a combined water supply and sewage disposal system, under the terms hereof, shall succeed to all the rights, obligations and property of the metropolitan district, respecting or connected with such system or with the functions of supplying water and sewage disposal, unless the purchase contract shall otherwise provide. The said rights, obligations and property shall include the right to transact a local business and the right to lay, maintain and operate water mains and/or sewers in the public highways, to the extent that such rights have been granted to the metropolitan district by any city, village or township.
History:
1955, Act 82, Imd. Eff. May 26, 1955
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 82 of 1955 - Joint Water and Sewage Disposal System (123.351 - 123.356) › Section 123.354 - Services; Continuance, Extension.

123.354 Services; continuance, extension.
Sec. 4.
Any city acquiring a water supply system shall have the right to supply water, any city acquiring a sewage disposal system shall have the right to supply sewage disposal, and any city acquiring a combined water supply and sewage disposal system, shall have the right to supply water and sewage disposal, to the same area to which the metropolitan district had the right to furnish such services on the effective date of the purchase contract, and for the purpose of furnishing such services such city may improve, enlarge, extend, maintain and operate such system or systems within and/or without its corporate limits: Provided, That the city shall comply with any constitutional requirements in respect to the exercise outside its boundaries of any such rights which shall not have been constitutionally transferred to it pursuant to this act.
History:
1955, Act 82, Imd. Eff. May 26, 1955
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 82 of 1955 - Joint Water and Sewage Disposal System (123.351 - 123.356) › Section 123.355 - Readjustment of Service Rates; Adoption of Ordinances, Property Outside Limits.

123.355 Readjustment of service rates; adoption of ordinances, property outside limits.
Sec. 5.
A city so acquiring such a system may readjust the service rates provided the same do not impair the obligation of any bond contract. The legislative body of a city may, subject to constitutional and statutory limitations, adopt such ordinances and resolutions as may be necessary for the care, protection, preservation, management and control of any system acquired pursuant to this act, including that portion outside its city limits.
History:
1955, Act 82, Imd. Eff. May 26, 1955
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 82 of 1955 - Joint Water and Sewage Disposal System (123.351 - 123.356) › Section 123.356 - Construction of Act.

123.356 Construction of act.
Sec. 6.
This act and any contract entered into pursuant thereto shall be liberally construed by the courts. The provisions of this act shall be construed as an additional grant of power to that prescribed by other statutory provisions or by any charter provisions.
History:
1955, Act 82, Imd. Eff. May 26, 1955
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 266 of 1951 - The Garbage Disposal Act (123.361 - 123.374) › Section 123.361 - Garbage Disposal Act; Short Title.

123.361 Garbage disposal act; short title.
Sec. 1.
This act shall be known and may be cited as "the garbage disposal act."
History:
1951, Act 266, Eff. Sept. 28, 1951
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 266 of 1951 - The Garbage Disposal Act (123.361 - 123.374) › Section 123.362 - Garbage Disposal Equipment System; City or Village May Provide; Garbage Disposal Equipment, Definition; Garbage Grinders.

123.362 Garbage disposal equipment system; city or village may provide; garbage disposal equipment, definition; garbage grinders.
Sec. 2.
Any city or village may by ordinance provide for a garbage disposal equipment system to acquire, purchase, lease, install, replace or repair garbage disposal equipment. The term "garbage disposal equipment," whenever used in this act, except when otherwise indicated by the context, shall be construed to mean all equipment or machinery of any nature whatsoever and all appurtenances thereto used or useful in treating and reducing garbage and similar waste materials prior to introduction into the sewer system of the city or village, including but not limited to garbage grinders: Provided, That when garbage grinders are installed for such disposal, the city or village shall have a sanitary sewage disposal plant into which the refuse from such garbage grinders is deposited for treatment.
History:
1951, Act 266, Eff. Sept. 28, 1951
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 266 of 1951 - The Garbage Disposal Act (123.361 - 123.374) › Section 123.363 - Installation on Private Property; Written Agreement With Owner; Ordinance, Provisions, Rates and Charges, Lien, Enforcement, Priority; Discontinuance of Water Service.

123.363 Installation on private property; written agreement with owner; ordinance, provisions, rates and charges, lien, enforcement, priority; discontinuance of water service.
Sec. 3.
Garbage disposal equipment may be installed on private property by said city or village making provision for garbage disposal equipment, as may be required by ordinance, after written agreement with the owner of such property. Any such ordinance adopted pursuant to the provisions of this act shall, in addition to providing for the payment of rates and charges and such other terms and conditions as may be necessary to fully perform and exercise the powers conferred by this act provide that all such garbage disposal equipment shall be deemed the property of the city or village installing such equipment and any such ordinance shall fix the responsibility for the use, care, maintenance and replacement thereof. All such rates and/or charges shall have as security for their collection a lien upon the building in which said equipment is installed and upon the premises or lot or lots or parcel or parcels of land upon which the building is situated. Such lien shall become effective and shall be enforced as provided by ordinance. Such lien shall have priority over all other liens except taxes, special assessments and liens for unpaid water charges or sewage disposal charges. Any city or village may provide by ordinance for the discontinuance of water service from the building whenever any person shall fail to pay rates or charges for such garbage disposal equipment.
History:
1951, Act 266, Eff. Sept. 28, 1951
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 266 of 1951 - The Garbage Disposal Act (123.361 - 123.374) › Section 123.364 - Bonds; Issuance, Amount, Interest, Maturity; Tax Exemption; Principal and Interest; Payment.

123.364 Bonds; issuance, amount, interest, maturity; tax exemption; principal and interest; payment.
Sec. 4.
For the purpose of defraying the cost of purchasing, acquiring, constructing, improving, installing, extending, enlarging, adjusting, and repairing a garbage disposal equipment system, any city or village may borrow money and issue its negotiable bonds for those purposes. However, bonds shall not be issued under this section unless and until the ordinance required by section 3 has been adopted, which ordinance shall set forth a brief description of the contemplated garbage disposal equipment system, the estimated cost of the system and the amount, maximum rate of interest, and the time of payment of the bonds, not to exceed 20 years. The bonds and coupons shall be exempt from any and all taxation by this state or by any taxing authority within this state. The principal of and interest on the bonds shall be payable primarily from the net revenues derived from the operation of the garbage disposal equipment system, and in addition the city or village may pledge the full faith, credit, and resources of the city or village for the payment of the bonds. No bond or coupon issued under this act shall constitute an indebtedness of the city or village within the meaning of any charter, statutory, or constitutional limitation. All bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1951, Act 266, Eff. Sept. 28, 1951 ;-- Am. 2002, Act 240, Imd. Eff. Apr. 29, 2002
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 266 of 1951 - The Garbage Disposal Act (123.361 - 123.374) › Section 123.365 - Self-Liquidating Bonds, Secured by Revenues; Liability.

123.365 Self-liquidating bonds, secured by revenues; liability.
Sec. 5.
For the purpose of defraying the cost of purchasing, acquiring, constructing, improving, installing, extending, enlarging, adjusting and/or repairing a garbage disposal equipment system, any city or village may issue self-liquidating bonds in accordance with the provisions of Act No. 94 of the Public Acts of 1933, as amended, being sections 141.101 to 141.139, inclusive, of the Compiled Laws of 1948. Such bonds shall not impose any liability upon the city or village, but shall be secured only by the revenues from the garbage disposal equipment system.
History:
1951, Act 266, Eff. Sept. 28, 1951
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 266 of 1951 - The Garbage Disposal Act (123.361 - 123.374) › Section 123.366 - Preliminary Expense; Appropriation, Repayment.

123.366 Preliminary expense; appropriation, repayment.
Sec. 6.
Any city or village which by ordinance provides for a garbage disposal equipment system to be financed by the issuance of bonds as aforesaid, may appropriate for and set up a fund to provide for all necessary preliminary expenses in making a survey estimate of costs and revenues, employment of personnel and all other expenses necessary and to be paid prior to the issuance and delivery of the bonds authorized pursuant to the provisions of this act: Provided, That the funds so appropriated and expended shall be repaid from the first proceeds of the sale of bonds, and the amount of any such appropriation so advanced shall be a first charge against the proceeds of the sale of such bonds.
History:
1951, Act 266, Eff. Sept. 28, 1951