reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 70 of 1955 - City Exhibition Areas (123.651 - 123.655) › Section 123.655 - Exhibition Areas; Bonds; Appropriation of Revenues.

123.655 Exhibition areas; bonds; appropriation of revenues.
Sec. 5.
Any city may issue bonds pledging the full faith and credit of the city for the purpose of acquiring any facility or facilities as authorized in this act when the issuance of bonds has been approved by a 3/5 vote in favor of the issuance by the electors of the city voting at any regular or special election. The issue and sale of the bonds is subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. The legislative body of the city shall appropriate annually for the payment of principal and interest on the bonds, sufficient of the revenues derived from the operation of the exhibition area or areas for which bonds are issued above the amount required to meet the reasonable expenses of administration, operation, and maintenance of the facilities.
History:
1955, Act 70, Eff. Oct. 14, 1955 ;-- Am. 2002, Act 189, Imd. Eff. Apr. 24, 2002
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.671 - Short Title.

123.671 Short title.
Sec. 1.
This act shall be known and may be cited as "The market authority act of 1956".
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.672 - Market Authority; Construction of Act.

123.672 Market authority; construction of act.
Sec. 2.
This act shall be construed as cumulative authority for the exercise of the powers herein granted and shall not be construed to repeal any existing laws with respect thereto. The powers conferred by this act shall not be affected or limited by any other statute or by any charter, except as herein otherwise provided.
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.673 - Market Authority; Establishment; Powers; Areas; “Farm Products” Defined; Location; Board of Directors; Construction, Repair, or Ornamentation of Market.

123.673 Market authority; establishment; powers; areas; “farm products” defined; location; board of directors; construction, repair, or ornamentation of market.
Sec. 3.
Any city, by ordinance, may establish a market authority, hereinafter also referred to as "the authority", which shall be a corporate body having the responsibility to plan, establish, develop and supervise a public market for the reception, handling, storage and sale at wholesale of farm and food products. Any such public market shall be divided into 2 distinct areas. One area shall be devoted exclusively to facilities for the wholesale marketing of farm products as hereinafter defined. The other area shall be devoted to the wholesale marketing of food products and the authority shall have no interest in such area, or any part thereof, which is actually made use of but said authority may limit the type and nature of the use to be made of the whole or any part thereof in its conveyance of the real property which is sold to any person, firm, partnership or corporation. The authority shall have no interest in any improvements on the land or any part thereof of the area known as the food products marketing area.
"Farm products" as used in this act shall mean those products of agriculture which are unprocessed. "Food products" as used in this act shall mean those foods which have been processed.
Said market shall be located within or without the corporate limits of said city and said authority shall be authorized to purchase, acquire, construct, improve, enlarge, extend and/or repair said market and to furnish the services, facilities and commodities of said market to users within or without its corporate limits and to issue revenue bonds to carry out said purposes. Said ordinance shall fix the method of selecting the board of directors of said authority, the number thereof, which shall not be less than 5 nor more than 9, the qualifications of members of said board and their terms and compensation, if any. A city establishing a market authority as herein provided shall have power to appropriate such moneys from the general fund as may be required in addition to funds available from revenue bonds of the authority to insure the successful maintenance and operation of said market. In the event that any profit shall accrue from the operation of said market over and above payments required to be made on principal and interest on the bonds or for funds required to be established for the payment of said bonds and above costs of operation, such profit shall be transferred to the general fund of the city. Any construction, repair or ornamentation as respects the market shall be governed by the provisions of Act No. 187 of the Public Acts of 1905, as amended, being sections 570.101 to 570.105, inclusive, of the Compiled Laws of 1948.
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.675 - Market Authority; Limitations on Operations.

123.675 Market authority; limitations on operations.
Sec. 5.
The following limitations shall govern the operations of the authority and its board of directors:
(1) The authority shall be subject to all the zoning, building, fire, sanitary, health and other police ordinances and regulations of the state and political subdivisions in which it is established.
(2) The authority shall have no power to discriminate against the sale on the market of any farm or food products, or against any producer of such products on account of county, state or political subdivisions in which any such products are produced, or on account of the legal status of the producer or other person engaged in the marketing of any such products, or on account of the conditions of employment or the nature of the labor employed in the production or marketing of such products or on account of the method of transportation; but the authority shall take every reasonable precaution to prevent any such discrimination.
(3) The authority shall have no power to acquire, construct, maintain, or operate a market which is not operated primarily for the purpose of handling farm and food products at wholesale.
(4) No member of the board of directors shall be interested directly or indirectly in any transaction with the authority except in connection with his normal business operations in the market.
(5) No authority shall itself engage directly or indirectly in the purchase or sale of farm or food products, or engage in any business other than that of managing the market.
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.676 - Market Authority; Powers.

123.676 Market authority; powers.
Sec. 6.
The authority shall have power:
(1) To issue bonds or notes for the purpose of acquiring and constructing markets. Said bonds or notes shall have such maturities, redemption rights shall bear such interest and shall have such other details as may be determined by the authority. Said bonds or notes shall be payable from the revenues of the authority. In the event that the authority secures mortgage insurance from the United States of America or any officer, agency or instrumentality thereof, the authority may sell its bonds or notes at private sale and may, as additional security for the payment of its bonds or notes, execute a mortgage on the real estate or personal property owned or to be acquired by the authority for the benefit of the holders of its bonds. Said mortgage may make provision for mortgaging or pledging the real estate and personal property of the authority or any part thereof, whether then owned or thereafter acquired, for the benefit of the holders of the bonds of the authority. Said mortgage may pledge or assign the revenues of the authority or any part thereof. Said mortgage may contain such provisions for the protection of the bondholders, including the right to sell real estate or personal property of the authority mortgaged or pledged, as the authority may deem necessary. Said mortgage may contain such provisions relating to acquisition of the market improvements, the operation and maintenance of the same and the custody and safe-guarding of its funds as the authority may deem necessary and which are not in violation of law. Said mortgage may provide for the rights and remedies of the bondholders. The authority may provide for execution of said mortgage in the ordinance authorizing issuance of the bonds.
(2) As an additional or alternative method of acquiring and constructing markets, the authority shall have power to issue revenue bonds and such bonds shall be issued pursuant to 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, known as the revenue bond act of 1933, and the provisions of said act shall be controlling in all matters with respect to said bonds as regards terms, issuance, redemption, rights of bondholders in event of default, and all other matters affecting said bonds and, insofar as applicable, the operation of the public market financed from the proceeds of said bonds.
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.677 - Market Authority; Acquisition of Property, Market Deemed Public Improvement.

123.677 Market authority; acquisition of property, market deemed public improvement.
Sec. 7.
Any authority established under this act may purchase, lease, accept by gift or devise, private property for the public purposes herein set forth and for no other purposes. The market so established shall be deemed to be a public improvement under 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.
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.678 - Market Authority; Property Subject to Taxation.

123.678 Market authority; property subject to taxation.
Sec. 8.
The real and personal property owned by the authority shall be subject to taxation.
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.679 - Market Authority; Audit, Filing, Violation.

123.679 Market authority; audit, filing, violation.
Sec. 9.
Immediately after the close of each fiscal year, every authority established pursuant to this act shall cause an audit to be made of its operations for the fiscal year. The audit shall be made by a certified public accountant, or firm of accountants not regularly employed by the authority for its accounting purposes. Within 90 days after the close of its fiscal year each authority shall file with the state department of agriculture and with the governing body of the city creating the authority, a copy of the audit together with names of the officers and directors thereof. Any person violating or failing to comply with the provisions of this section shall be guilty of a misdemeanor.
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1956 - The Market Authority Act of 1956 (123.671 - 123.680) › Section 123.680 - Market Authority; Agreement With Secretary of Agriculture of United States for Mortgage Insurance.

123.680 Market authority; agreement with secretary of agriculture of United States for mortgage insurance.
Sec. 10.
The board of directors of the authority shall be authorized to enter into agreements with the secretary of agriculture of the United States, hereinafter called "the secretary", under any applicable federal law providing for the insurance of mortgages for the financing of public wholesale market facilities, that rentals and other charges for the use of such market facilities will be established at reasonable levels approved by the secretary and designed to meet the obligations, defray the costs of maintaining and operating the market facility, and provide reasonable reserves; that any substantial alterations of the market facility will be made only with approval of the secretary; that reports will be made to the secretary at such intervals and giving such information concerning the market facility as the secretary may require and that the books and records of the market facility will be available for examination by the secretary at its offices during business hours; that title to the market facility, or any part thereof, will not be transferred or encumbered, or leased for any purpose not related to the operation of the market, and that vacant land of the market facility will not be leased for a period longer than 1 year, except with the approval of the secretary; that the maximum charges which may be received for the use of the market facility shall be subject to approval of the secretary during the period while the insurance of such mortgages is in force and effect; and such other agreements as shall be necessary to comply with the provisions of such federal mortgage insurance law.
The authority may pay to the United States such sums of money each year as may be required for mortgage insurance. Said payments shall be made from the revenues of the authority.
History:
1956, Act 185, Imd. Eff. Apr. 24, 1956
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Repealed - Act 17 of 1942 (2nd Ex. Sess.) - Transportation Facility Outside Corporate Limits (123.701 - 123.704)

TRANSPORTATION FACILITY OUTSIDE CORPORATE LIMITS
Act 17 of 1942 (2nd Ex. Sess.)
123.701-123.704 Expired. 1942, 2nd Ex. Sess., Act 17, Eff. Sept. 2, 1946.
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 135 of 2017 - Tax on Manufacture, Distribution, or Sale of Food (123.711 - 123.713) › Section 123.711 - Definitions.

123.711 Definitions.
Sec. 1.
As used in this act:
(a) "Food" means that term as defined in section 1107 of the food law, 2000 PA 92, MCL 289.1107.
(b) "Local unit of government" means any local government or its subdivision, including, but not limited to, a city, village, township, county, or educational institution; a local public authority, agency, board, commission, or other local governmental, quasi-governmental, or quasi-public body; or a public body that acts or purports to act in a commercial, business, economic development, or similar capacity for a local government or its subdivision.
History:
2017, Act 135, Imd. Eff. Oct. 26, 2017
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 135 of 2017 - Tax on Manufacture, Distribution, or Sale of Food (123.711 - 123.713) › Section 123.713 - Prohibited Acts by Local Government.

123.713 Prohibited acts by local government.
Sec. 3.
Except as otherwise provided by federal law or a law of this state, a local unit of government shall not do either of the following:
(a) Impose an excise tax on the manufacture, distribution, wholesale sale, or retail sale of food for immediate consumption or nonimmediate consumption.
(b) Enact, enforce, or administer any ordinance, regulation, resolution, policy, rule, or directive imposing a tax or fee on the manufacture, distribution, wholesale sale, or retail sale of food for immediate consumption or nonimmediate consumption.
History:
2017, Act 135, Imd. Eff. Oct. 26, 2017
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 99 of 1933 - Purchase of Lands and Property for Public Purposes (123.721 - 123.723) › Section 123.721 - Purchase of Real or Personal Property; Contract or Agreement; Limitations; Exceptions.

123.721 Purchase of real or personal property; contract or agreement; limitations; exceptions.
Sec. 1.
(1) A village, township, city, or school district, after adoption of a resolution by its governing body approving the action, may enter into any contract or agreement for the purchase of real or personal property for public purposes, to be paid for in installments over a period of not to exceed 15 years and not to exceed the useful life of the property acquired as determined by the resolution. For school buses, the determined useful life shall not exceed 6 years. The outstanding balance of all purchases authorized under this act, exclusive of interest, shall not exceed 1-1/4% of the taxable value of the real and personal property in the village, township, city, or school district at the date of the contract or agreement. The limitations do not apply to contracts or leases entered into under 1948 (1st Ex Sess) PA 31, MCL 123.951 to 123.965, or to other contracts or leases between public corporations or municipalities. The contracts or agreements, and the purchase of property under the contracts or agreements are not subject to the provisions of the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(2) The governing body of a village, township, city, or school district may include in its budget and pay a sum or sums as may be necessary each year to meet the payments of any installments, and the interest thereon, when and as the installment becomes due, including overdue installments.
(3) The authority granted in this act shall not be construed to authorize the governing body of a city, village, township, or school district to levy taxes in excess of statutory or charter limitations without the approval of its electors.
(4) The limitations imposed by subsection (1) are not applicable to a contract for purchase of lands declared surplus by the United States government or one of its agencies, subject to the prior approval of the contract by the department of treasury.
History:
1933, Act 99, Imd. Eff. June 2, 1933 ;-- Am. 1937, Act 242, Imd. Eff. July 21, 1937 ;-- CL 1948, 123.721 ;-- Am. 1967, Act 290, Imd. Eff. Aug. 1, 1967 ;-- Am. 1969, Act 247, Imd. Eff. Aug. 11, 1969 ;-- Am. 1973, Act 121, Imd. Eff. Aug. 21, 1973 ;-- Am. 1997, Act 77, Imd. Eff. July 22, 1997 ;-- Am. 2002, Act 545, Imd. Eff. July 26, 2002
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 99 of 1933 - Purchase of Lands and Property for Public Purposes (123.721 - 123.723) › Section 123.721a - Purchase of Telecommunication Services for School Purposes.

123.721a Purchase of telecommunication services for school purposes.
Sec. 1a.
The governing body of a school district may enter into a contract for the purchase of telecommunication and related services for school purposes to be paid for in installments over a period not to exceed the useful life of the service or the term of the contract, whichever is shorter. However, if the governing body borrows funds to pay for telecommunication and related services, the total cost of principal, interest, and fees, and expenses of borrowed funds, shall not exceed the total amount of the original service installment contract.
History:
Add. 1997, Act 77, Imd. Eff. July 22, 1997
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 99 of 1933 - Purchase of Lands and Property for Public Purposes (123.721 - 123.723) › Section 123.722 - Village, Township and City Property; Use and Leasing.

123.722 Village, township and city property; use and leasing.
Sec. 2.
Such property may be used for any useful public purpose, and by resolution of the legislative body of any village and/or township and/or city, any portion of any real estate or building, may be leased or otherwise let to the local school board for educational purposes, and may also be rented by day to day agreement for educational, charitable or entertainment purposes. The revenue from any such rentals shall be applied in the payment of any installment, and/or the interest thereon, until the purchase price of such property is wholly paid for, or for the maintenance and improvement of the same. Thereafter such revenues shall be covered into the general fund of such village and/or township and/or city.
History:
1933, Act 99, Imd. Eff. June 2, 1933 ;-- Am. 1937, Act 242, Imd. Eff. July 21, 1937 ;-- CL 1948, 123.722
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 99 of 1933 - Purchase of Lands and Property for Public Purposes (123.721 - 123.723) › Section 123.723 - Village, Township, City or School District Property; Control and Maintenance.

123.723 Village, township, city or school district property; control and maintenance.
Sec. 3.
The governing body of a village, township, city, or school district shall at all times have control of property purchased under this act and shall maintain the property for public use and purposes.
History:
1933, Act 99, Imd. Eff. June 2, 1933 ;-- Am. 1937, Act 242, Imd. Eff. July 21, 1937 ;-- CL 1948, 123.723 ;-- Am. 1997, Act 77, Imd. Eff. July 22, 1997
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.733 - Board of Public Works; Officers.

123.733 Board of public works; officers.
Sec. 3.
The board of public works shall elect each year during the month of January from its own membership, a chairman, a vice-chairman and a secretary, and also at such time shall elect a deputy secretary who may or may not be a member of the board.
History:
1957, Act 185, Imd. Eff. June 4, 1957
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.734 - Board of Public Works; Action by Motion or Resolution; Record of Proceedings; Signature; Availability of Record or Other Writings to Public; Quorum; Regular Meetings; Notice of Special Meeting; Waiver of Notice; Conducting Business at Public Meeting; Public Notice of Meeting or Hearing.

123.734 Board of public works; action by motion or resolution; record of proceedings; signature; availability of record or other writings to public; quorum; regular meetings; notice of special meeting; waiver of notice; conducting business at public meeting; public notice of meeting or hearing.
Sec. 4.
(1) An action taken by the board of public works shall be by motion or resolution adopted by the affirmative vote of a majority of the board's full membership. The board of public works shall keep a record of the proceedings taken at each meeting, which record shall be signed by the secretary or in case of the secretary's absence at a meeting by the deputy secretary or other person acting as secretary for the meeting. The record and any other writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. A majority of the board's full membership shall be necessary for a quorum. Regular meetings may be held on a regularly scheduled basis as determined by the board, but shall be held at least 4 times a year. A special meeting may be called by the chairperson or any 2 members upon written notice served on each member or left at the member's place of residence, at least 24 hours before the meeting. A member may waive notice of a special meeting either before or after the holding of a meeting.
(2) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting or hearing shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1977, Act 176, Imd. Eff. Nov. 17, 1977 ;-- Am. 1978, Act 580, Imd. Eff. Jan. 2, 1979
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.735 - Expenses and Expenditures of Board of Public Works.

123.735 Expenses and expenditures of board of public works.
Sec. 5.
The county board of commissioners shall provide each year in its annual budget for the expenses of the department of public works. The board of public works shall be limited in its expenditures to the amount appropriated unless a further appropriation shall be made by the county board of commissioners.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1973, Act 89, Imd. Eff. Aug. 5, 1973 ;-- Am. 1974, Act 200, Imd. Eff. July 9, 1974
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.736 - Board of Public Works; Director; Project Costs; Civil Service.

123.736 Board of public works; director; project costs; civil service.
Sec. 6.
The board of public works shall have authority to hire a director of public works, whose salary shall be fixed by the board of public works within the budget appropriation. The board of public works shall have power to employ such professional and lay personnel as it shall deem advisable, subject however to budget appropriations but no budget appropriation shall be necessary where services are employed in connection with acquiring any project and are to be included in the project cost and payable from the proceeds of bonds or special assessments. The cost of any project and of operating and maintaining the same, shall include amounts sufficient to cover the general administrative costs pertaining thereto. The provisions of this section shall be subject to any applicable statutory provisions relating to civil service.
History:
1957, Act 185, Imd. Eff. June 4, 1957
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.737 - Powers of County; Administration by Board of Public Works.

123.737 Powers of county; administration by board of public works.
Sec. 7.
A county establishing a department of public works shall have the following powers to be administered by the board of public works subject to any limitations thereon:
(a) To acquire a water supply system within 1 or more areas in the county and to improve, enlarge, extend, operate, and maintain the system.
(b) To acquire a sewage disposal system within 1 or more areas in the county and to improve, enlarge, extend, operate, and maintain the system.
(c) To acquire a refuse system within 1 or more areas in the county and to improve, enlarge, extend, operate, and maintain the system.
(d) To make lake improvements within 1 or more areas in the county and to improve, enlarge, extend, operate, and maintain the improvements.
(e) To acquire an erosion control system within 1 or more areas in the county and to improve, enlarge, extend, operate, and maintain the improvements.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1967, Act 63, Imd. Eff. June 20, 1967 ;-- Am. 1970, Act 234, Imd. Eff. Dec. 3, 1970 ;-- Am. 1974, Act 200, Imd. Eff. July 9, 1974
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.738 - Acquiring Systems or Making Lake Improvements Outside Corporate Limits.

123.738 Acquiring systems or making lake improvements outside corporate limits.
Sec. 8.
A county operating under this act may acquire outside its corporate limits any part of a water supply system which is necessary for the purpose of securing a source of supply and may acquire outside its corporate limits any part of a sewage disposal system or refuse system which is necessary for the purpose of disposing, including treatment or incineration, of its sewage or refuse. A county operating under this act may also acquire any part of a water supply system, a sewage disposal system, a refuse system or make lake improvements, or acquire erosion control systems in an adjoining county or counties upon the consent expressed by contract with or resolution of the governing body of the municipality or municipalities in such adjoining county or counties in which such part of the system or lake improvements is to be located or which is to be served by such part of the system. The exercise by any county of such powers outside its corporate limits shall be subject to all constitutional provisions relating thereto.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1964, Act 42, Eff. Aug. 28, 1964 ;-- Am. 1967, Act 63, Imd. Eff. June 20, 1967 ;-- Am. 1970, Act 234, Imd. Eff. Dec. 3, 1970 ;-- Am. 1974, Act 200, Imd. Eff. July 9, 1974
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.739 - Water Supply and Sewage Disposal or Refuse Systems; Service to Municipalities and Individual Users.

123.739 Water supply and sewage disposal or refuse systems; service to municipalities and individual users.
Sec. 9.
No county shall have the power to furnish water service, sewage disposal service or refuse service to the individual users within any municipality without its consent. The foregoing shall not prevent the county from extending any sewage disposal system or refuse system into any municipality where in the opinion of a majority of the members elect of the board of supervisors the same is necessary to protect health or property in any adjacent municipality and from furnishing sewage disposal or refuse services to individual users therein. Any such extensions may be constructed along with the construction of the original system or thereafter.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1967, Act 63, Imd. Eff. June 20, 1967
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.743 - Project Special Assessment District; Municipal Special Assessments.

123.743 Project special assessment district; municipal special assessments.
Sec. 13.
(1) If the board of public works determines to spread all or part of the cost of a project to a special assessment district, it shall proceed as provided under chapter 2.
(2) If a municipality other than a county operating under this act elects to raise moneys to pay all or any portion of its share of the cost of a project by assessing the cost upon benefited lands, its governing body shall do so by resolution and fix the district for assessment.
(3) The governing body shall cause a special assessment roll to be prepared and the proceedings of the special assessment roll and the making and collection of the special assessments shall be in accordance with the provisions of the statute or charter governing special assessments in the municipality, except that the total assessment may be divided into any number of installments not exceeding 40.
(4) Any person assessed shall have the right at the hearing upon the special assessment roll to object to the special assessment district established under this section.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1964, Act 42, Eff. Aug. 28, 1964 ;-- Am. 2006, Act 245, Imd. Eff. June 30, 2006
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.744 - Methods of Acquiring Property; Disposition of Real Property; Condemnation Procedure; Use Continued Without Resolution or Contract.

123.744 Methods of acquiring property; disposition of real property; condemnation procedure; use continued without resolution or contract.
Sec. 14.
A county operating under this act, by action of its board of public works, may acquire property for a water supply, an erosion control system, a sewage disposal or a refuse system or for lake improvements by purchase, construction, lease, gift, devise, or condemnation, either within or without its corporate limits and may hold, manage, control, sell, exchange, or lease the property. Real estate shall not be disposed of without the approval of the county board of commissioners. For the purpose of condemnation it may proceed as provided in chapter 3. If the property acquired by a county is already being used for water supply, sewage or refuse disposal or lake improvement purposes, such use may be continued by the county without a resolution of or contract with the municipality in which the property is located.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1967, Act 63, Imd. Eff. June 20, 1967 ;-- Am. 1970, Act 234, Imd. Eff. Dec. 3, 1970 ;-- Am. 1973, Act 89, Imd. Eff. Aug. 5, 1973 ;-- Am. 1974, Act 200, Imd. Eff. July 9, 1974
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.744a - Validation of Certain Bonds or Notes; Contest Prohibited.

123.744a Validation of certain bonds or notes; contest prohibited.
Sec. 14a.
All bonds or notes heretofore issued under this act, as amended, are validated. A county acting under this act, as amended, or any municipality, including the county, shall not contest the validity of any such bonds or notes or any contract which provides the security therefore, after they are sold and delivered and the county has received the consideration therefor.
History:
Add. 1973, Act 89, Imd. Eff. Aug. 5, 1973
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.745 - Water Supply or Sewage Disposal or Refuse Systems; Municipality Service Contract With County; County Contracts.

123.745 Water supply or sewage disposal or refuse systems; municipality service contract with county; county contracts.
Sec. 15.
Any 1 or more municipalities or other public corporations, either within or without the county, shall have authority to contract for the purchase of water or sewage or refuse services or transportation from a county operating under this act. Any charges specified in any such contract shall be subject to increase by such county at any time, if necessary, in order to provide funds to meet the obligations of the project involved. The county operating under this act may enter into contract with any public or private corporation, for the purchase by such county from or for the sale by the county to the corporation of water or sewage or refuse services, and for the right to transport sewage through the sewers of the county or of the corporation or to use the facilities of the other. Any contract authorized herein shall be for a period of not exceeding 50 years.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1964, Act 42, Eff. Aug. 28, 1964 ;-- Am. 1967, Act 63, Imd. Eff. June 20, 1967
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.746 - Water Supply or Sewage Disposal or Refuse Systems; Project Costs.

123.746 Water supply or sewage disposal or refuse systems; project costs.
Sec. 16.
There may be included as a part of the cost of any project, engineering and legal fees, administration expenses during the period of construction, financing costs, a reasonable amount for contingencies, interest on any bonds to be issued therefor for a period not exceeding the estimated construction period and 6 months thereafter, and any other costs incident to the acquisition and financing of the project.
History:
1957, Act 185, Imd. Eff. June 4, 1957
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-1 - Chapter 1 General Provisions (123.731...123.747) › Section 123.747 - Failure to Pay Amounts Required Under Contract or Assessment; Notice; Deduction; Other Remedies for Reimbursement; Tax Levy.

123.747 Failure to pay amounts required under contract or assessment; notice; deduction; other remedies for reimbursement; tax levy.
Sec. 17.
A contract or assessment made under this act may provide that if a municipality shall fail to pay to a county operating under this act any amount required to be paid under any contract or assessment when due, then the county treasurer shall notify the state treasurer, or other appropriate disbursing official, who is hereby directed to deduct the amount from any moneys in his possession belonging to the municipality which are not pledged to the payment of debts, but the state treasurer or other official shall not withhold in any 1 year a sum greater than 25% of the total amount owed the county by the delinquent municipality as stated in the notice from the county treasurer. Nothing in this section shall permit the deduction of moneys in contravention of the constitution, but a municipality itself may authorize, in any contract with a county operating under this act, the deduction and transfer from moneys derived from unrestricted state funds returnable to the municipality. The right of deduction given by this act shall not operate to limit the county's right to pursue other legal remedies for the reimbursement of moneys paid by the county hereunder on behalf of a municipality other than the county and the county board of commissioners of a county which has paid any money on behalf of any other municipality and which was not reimbursed therefor, may order the municipality and its officers to levy upon its next tax roll an amount sufficient to make the reimbursement on or before the date when its taxes become delinquent; and the municipality and its tax levying and collecting officials shall levy and collect the taxes and reimburse the county.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1964, Act 42, Eff. Aug. 28, 1964 ;-- Am. 1973, Act 89, Imd. Eff. Aug. 5, 1973 ;-- Am. 1974, Act 200, Imd. Eff. July 9, 1974
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-2 - Chapter 2 Special Assessment Procedure (123.751...123.763) › Section 123.751 - Special Assessments for Project.

123.751 Special assessments for project.
Sec. 21.
The board of public works shall have power to determine that the whole or any part of the cost of any project shall be defrayed by special assessments against the properties especially benefited thereby.
History:
1957, Act 185, Imd. Eff. June 4, 1957
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-2 - Chapter 2 Special Assessment Procedure (123.751...123.763) › Section 123.752 - Special Assessments; Plans, Estimate of Costs, Designation of District, Hearing on Objections, Notice, Additions.

123.752 Special assessments; plans, estimate of costs, designation of district, hearing on objections, notice, additions.
Sec. 22.
The board of public works shall cause to be prepared by a registered engineer, plans showing the project and an estimate of the cost thereof. Upon receipt of such plans and estimate the board of public works shall order the same to be filed with the director of public works and if it shall desire to proceed with the said project, it shall by resolution tentatively so declare and also tentatively designate the special assessment district against which the cost of the project is to be assessed. The board of public works shall then fix a time and place when and where it will meet and hear any objections to the improvement and to the special assessment district therefor, and shall cause notice of the hearing to be given by the publication thereof twice prior to the hearing in a newspaper circulating in the special assessment district, the first publication to be at least 10 days prior to the time of the hearing. The notice shall state that the plans and estimate are on file with the director of public works for public examination and shall contain a description of the proposed special assessment district. At the time of the hearing, or at any adjournment thereof which may be without further notice, the board of public works shall hear any objections to the improvement and to the special assessment district. The board of public works may revise, correct, amend or change the plans, the estimate of cost or the special assessment district. No final action shall be taken in respect to the addition of any property to the district or to increasing the estimated cost in excess of 10% of the original estimate, until after a new hearing upon notice given as above provided.
History:
1957, Act 185, Imd. Eff. June 4, 1957
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-2 - Chapter 2 Special Assessment Procedure (123.751...123.763) › Section 123.753 - Special Assessments; Final Determination of District; Special Assessment Roll.

123.753 Special assessments; final determination of district; special assessment roll.
Sec. 23.
After the completion of the hearing provided for in section 22, the board of public works, if it desires to proceed with the project, shall by resolution so determine and shall approve the plans and estimate of cost as originally presented or as revised, corrected, amended or changed, and shall finally determine the special assessment district. The board of public works shall then cause a special assessment roll to be prepared by the director of public works in which shall be entered and described all parcels of land to be assessed, with the names of the respective owners thereof, if known, and the amount to be assessed against each parcel of land, which amount shall be the relative portion of the whole sum to be levied against the special assessment district as the benefit to the parcel of land bears to the total benefits to all parcels of land in the special assessment district. When the director of public works shall have completed the assessment roll, he shall affix thereto his certificate stating that it was made pursuant to the resolution of the board of public works ordering its preparation and that in making such assessment roll he has according to his best judgment, conformed in all respects to the directions contained in such resolution and the statutes of the state.
History:
1957, Act 185, Imd. Eff. June 4, 1957
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-2 - Chapter 2 Special Assessment Procedure (123.751...123.763) › Section 123.754 - Special Assessments; Confirmation of Roll.

123.754 Special assessments; confirmation of roll.
Sec. 24.
When any special assessment roll shall have been made the same shall be filed in the office of the director of public works. Before confirming the assessment roll the board of public works shall fix a time and place when it will meet and review the same and hear any objections thereto, and shall cause notice of the hearing and of the filing of the assessment roll, to be published twice prior to the hearing in a newspaper circulating in the special assessment district, the first publication to be at least 10 days before the hearing. The hearing may be adjourned from time to time without further notice. Any person objecting to the assessment roll shall file his objection thereto in writing with the director of public works before the close of the hearing or within such further time as the board may grant. After the hearing the board of public works may confirm the special assessment roll as reported to it or corrected by it, or may refer it back for revision, or may annul it and direct a new roll to be made. When a special assessment roll shall have been confirmed the secretary of the board shall indorse thereon the date of confirmation. After the confirmation the special assessment roll and all assessments thereon shall be final and conclusive unless attacked in a court of competent jurisdiction within 30 days after the date of confirmation.
History:
1957, Act 185, Imd. Eff. June 4, 1957
Constitutionality:
This section fails to provide a proper method of notice in violation of Const 1963, art 1, § 17, and US Const, amend. XIV, § 1. Ridenour v County of Bay, 366 Mich 225; 114 NW2d 172 (1962).
2023 Michigan Compiled Laws › Chapter 123 - Local Government › Act 185 of 1957 - County Department and Board of Public Works (123.731 - 123.786) › 185-1957-2 - Chapter 2 Special Assessment Procedure (123.751...123.763) › Section 123.755 - Special Assessments; Annual Installments; Interest on Unpaid Installments; Spreading Installments on Tax Rolls; Advance Payment; Issuance of Bonds Subject to Revised Municipal Finance Act.

123.755 Special assessments; annual installments; interest on unpaid installments; spreading installments on tax rolls; advance payment; issuance of bonds subject to revised municipal finance act.
Sec. 25.
(1) The board of public works may provide that the assessments made on any roll shall be payable in 1 or more annual installments, not exceeding 40. The board may vary the principal amount of each installment but an installment shall not be less than 1/4 of the amount of a subsequent installment. Annual installments need not be extended upon the special assessment roll until after confirmation.
(2) All unpaid installments shall bear interest from the date fixed by the board of public works, payable annually, at a rate to be set by the board at the time the special assessment is established, which shall not exceed any of the following:
(a) If bonds are not issued, 8% per annum.
(b) If bonds are issued, the maximum rate permitted to be charged under the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(3) Installments of special assessments shall be spread as provided in this act, 1 each year, upon the tax rolls upon which county taxes are spread. The board of public works shall specify the first year of this spread, which shall not be later than the year following that in which the roll was confirmed. The board may provide the times and conditions upon which installments of special assessments may be paid in advance of their due dates.
(4) Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1957, Act 185, Imd. Eff. June 4, 1957 ;-- Am. 1978, Act 68, Imd. Eff. Mar. 21, 1978 ;-- Am. 2002, Act 407, Imd. Eff. June 3, 2002 ;-- Am. 2006, Act 245, Imd. Eff. June 30, 2006