GENERAL PROVISIONS

MCL ch. 123, subtit. Act 185 of 1957, ch. 1

in effect

MCL 123.731 Definitions.

123.731. Definitions. Sec. 1. As used in this act: (a) "Members elect" means when applied to the county board of commissioners, both members elected and appointed. (b) "Acquire" means acquisition by purchase, construction, or any other method. (c) "Water supply system" means all plants, works, instrumentalities, and properties, used or useful in connection with obtaining a water supply, the treatment of water, or the distribution of water, or any portion or any combination thereof. (d) "Sewage disposal system" means all sanitary sewers, storm sewers, combined sanitary and storm sewers, plants, works, instrumentalities, and properties, used or useful in connection with the collection, treatment, or disposal of sewage including storm water, sanitary sewage, or industrial wastes, or any portion or any combination thereof. (e) "Refuse system" means disposal, including all equipment and facilities for storing, handling, processing, and disposing of refuse, including plants, works, instrumentalities, and properties, used or useful in connection with the salvage or disposal of refuse and used or useful in the creation, sale, or disposal of by-products, including rock, sand, clay, gravel, or timber, or any portion or any combination thereof. (f) "Refuse" means putrescible and nonputrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and industrial wastes. (g) "Lake improvements" means any improvements now or hereafter authorized by law to be made to any waters of the state by a municipality or any board or body which may be established by a municipality for that purpose, or any portion or any combination thereof. (h) "Erosion control" means installation of structures designed to control erosion or protect property adjacent to the great lakes or property affected by levels of the great lakes from erosion. (i) "Municipality" means a county, city, village, township, charter township, district, or authority existing under the laws of this state. (j) "Resolution" means a resolution or an ordinance, if the governing body of a municipality chooses to act by ordinance rather than by resolution. (k) "Governing body" means, in the case of a county, the county board of commissioners; in the case of a city, the council, common council, commission, or other body having legislative powers; in the case of a village, the council, common council, commission, board of trustees, or other body having legislative powers; in the case of a township, the township board; in the case of a charter township, the township board; in the case of a drainage district, the drain commissioner or the drainage board; and in the case of another district or of an authority, the body in which is lodged general governing powers. 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. 1973, Act 89, Imd. Eff. Aug. 5, 1973; Am. 1974, Act 200, Imd. Eff. July 9, 1974

MCL 123.732 Establishment and control of department of public works; exception; board of public works; appointment, qualifications, terms, and removal of members; designation or removal as board; authority, powers, and duties of designee; board as agency of county; rules; compensation; status of department of public works in county organized under MCL 45.501 to 45.521; authority, powers, and duties of county executive or chief county administrative officer; authority and powers of county board of commissioners.

123.732. Establishment and control of department of public works; exception; board of public works; appointment, qualifications, terms, and removal of members; designation or removal as board; authority, powers, and duties of designee; board as agency of county; rules; compensation; status of department of public works in county organized under MCL 45.501 to 45.521; authority, powers, and duties of county executive or chief county administrative officer; authority and powers of county board of commissioners. Sec. 2. (1) Except as provided by subsection (5), the county board of commissioners, by resolution adopted by a 2/3 vote of its elected members, may establish a department of public works for the administration of the powers conferred upon the county by this act. The department of public works shall be under the general control of the county board of commissioners and under the immediate control of a board of public works. Except as provided in this subsection and subsection (3), the board of public works shall consist of 5, 7, or 9 members. In a county with a population of more than 85,000 and less than 90,000 according to the latest federal decennial census, the board of public works may consist of 11, 13, or 15 members. The members shall be appointed or removed in the manner prescribed in this section. (2) The initial terms of the appointed members shall be staggered for terms of not more than 3 years as prescribed by the county board of commissioners. Membership on the board of public works shall include the following: (a) The county drain commissioner of the county in which the department of public works is established, if any. (b) Except as otherwise provided in subdivision (c), 4, 6, or 8 other members appointed by the county board of commissioners, with the exception of a person named in subdivision (a). Members of the county board of commissioners may be appointed as members of the board of public works. Appointments of members of the county board of commissioners to the board of public works made before April 12, 1984, are valid. (c) If the board of public works consists of 11, 13, or 15 members, 10, 12, or 14 other members appointed by the county board of commissioners, with the exception of a person named in subdivision (a). Members of the county board of commissioners may be appointed as members of the board of public works. In addition, the township supervisor of a township within the county or the township supervisor of a township that receives service by the department of public works may be appointed as a member of the board of public works. A township supervisor appointed as a member of the board of public works shall not be deemed to hold 2 or more incompatible offices at the same time. (d) If a county does not have a drain commissioner, then the county board of commissioners shall appoint an additional member subject to the same appointment procedures provided in subdivisions (b), (c), and (e). (e) If a county department of public works serves another county, or a portion of another county, each of the 4, 6, or 8 members, or 10, 12, or 14 members as provided in subdivision (c), shall be a resident of the geographic area served by the department of public works. If an area within a county does not utilize or is not otherwise serviced by the department of public works, a member of the board of public works shall not be a resident of the area not served. If a city, village, or township or a portion of a city, village, or township is located in another county, the chief elected official of the city, village, or township shall serve as an advisory board to the board of public works and shall consult with and advise the board of public works as to rate schedules, proposed expansion of services, and capital improvements. (3) Except as provided by subsection (5), the county board of commissioners, by resolution adopted by a 2/3 vote of all its members, may designate as the board of public works or remove as the board of public works 1 of the following, and after the adoption of the resolution the person or body designated shall be the board of public works for that county with all the authority, powers, and duties conferred by law upon the board of public works: (a) The board of county road commissioners. (b) The drain commissioner. (c) The public works commissioner designated or elected and holding office pursuant to section 21 of the drain code of 1956, 1956 PA 40, MCL 280.21. (4) The board of public works shall be considered an agency of the county. The county board of commissioners shall make rules in respect to the department of public works which it considers advisable and as permitted by law. The members of the board of public works shall not be full-time officers of the county. The duties of the county drain commissioner, any county road commissioner, or any member of the county board of commissioners who serves on the board of public works are declared to be additional and separate duties not compensated for by the established salary or per diem of the commissioner. The compensation of members shall be fixed by the county board of commissioners. (5) In any county organized under 1966 PA 293, MCL 45.501 to 45.521, a department of public works that is or was formed under this act and existing on the date the county charter is or was adopted and that has not been discontinued or terminated, or had its duties transferred by charter, and a department of public works established by charter shall be considered established pursuant to this act with all authority, powers, and duties conferred by this act upon a department of public works and be under the control of and administered by the county executive or chief county administrative officer who shall have all the authority, powers, and duties conferred by this act upon the board of public works. The provisions of this act granting to a county board of commissioners authority over such a department of public works shall be subject to any county charter. All provisions of this act concerning actions by a board of public works shall require appropriate action only by the county executive or chief county administrative officer when this subsection applies. An action of the county executive or chief county administrative officer in regard to rate schedule changes, expansion or reduction of services, or proposed capital expenditures is not effective unless and until approved by a majority vote of the members of the county board of commissioners elected and serving. After submission by the county executive or chief county administrative officer, if the county board of commissioners fails to approve or reject within 45 days after the next regularly scheduled meeting of the county board of commissioners, the proposals are effective. 1957, Act 185, Imd. Eff. June 4, 1957; Am. 1959, Act 18, Eff. Mar. 19, 1960; Am. 1961, Act 214, Eff. Sept. 8, 1961; Am. 1967, Act 63, Imd. Eff. June 20, 1967; Am. 1972, Act 92, Imd. Eff. Mar. 20, 1972; Am. 1973, Act 89, Imd. Eff. Aug. 5, 1973; Am. 1974, Act 200, Imd. Eff. July 9, 1974; Am. 1978, Act 580, Imd. Eff. Jan. 2, 1979; Am. 1983, Act 33, Imd. Eff. May 9, 1983; Am. 1984, Act 61, Imd. Eff. Apr. 12, 1984; Am. 1987, Act 214, Imd. Eff. Dec. 22, 1987; Am. 2011, Act 110, Imd. Eff. July 20, 2011

MCL 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. 1957, Act 185, Imd. Eff. June 4, 1957

MCL 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. 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

MCL 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. 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

MCL 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. 1957, Act 185, Imd. Eff. June 4, 1957

MCL 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. 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

MCL 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. 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

MCL 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. 1957, Act 185, Imd. Eff. June 4, 1957; Am. 1967, Act 63, Imd. Eff. June 20, 1967

MCL 123.740 County water supply, sewage disposal or refuse system, lake improvements, or erosion control system; approval; plans and specifications; merger or combination of systems; resolution; contract.

123.740. County water supply, sewage disposal or refuse system, lake improvements, or erosion control system; approval; plans and specifications; merger or combination of systems; resolution; contract. Sec. 10. The establishment of a county water supply, sewage disposal or refuse system or the making of county lake improvements or erosion control systems shall be approved by a majority of the members elect of the county board of commissioners. Prior to approval of lake improvements the county board of commissioners shall submit to the department of natural resources preliminary plans which provide for making the lake improvements for the department of natural resources' review and approval. Before approval of erosion control systems the county board of commissioners shall submit to the department of natural resources preliminary plans for the department's review and approval. Before construction of erosion control systems final plans and specifications shall be approved by the department. After the county board of commissioners' approval, the board of public works shall have power to acquire the system or make improvements and to improve, enlarge, extend, operate, and maintain the same, subject to any restrictions placed thereon by the county board of commissioners in the resolution establishing the same or by this act. Any 2 or more systems established by a county and the areas served thereby may be merged or combined by resolution adopted by a majority of the members elect of its county board of commissioners after which the merged or combined systems may be improved, enlarged, extended, operated, and maintained under this act as a single system serving the total areas of the systems but a merger or combination shall not affect either the rights and obligations acquired by a municipality by any contract with respect to an established system or the security of any bonds or the prompt payment of principal or interest thereon. A resolution adopted by the governing body of any city, village, township, or charter township authorizing and approving a contract with a county acting through its board of public works with respect to the financing or location of or service from any sewage disposal or refuse system constitutes, notwithstanding any statutory or charter limitation to the contrary, a permit to acquire, improve, enlarge, extend, operate, and maintain the sewage disposal or refuse system within the corporate limits of the city, village, township, or charter township, but no treatment or disposal plants, incinerators, works, grounds, filter beds, or other similar sewage or refuse disposal facilities, sanitary landfills, or dumps shall actually be located in any municipality without a resolution and contract. 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. 1973, Act 89, Imd. Eff. Aug. 5, 1973; Am. 1974, Act 200, Imd. Eff. July 9, 1974 [Compiler] For transfer of powers and duties of department of natural resources to department of natural resources and environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919. [Compiler] For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.

MCL 123.741 Methods of financing systems or improvements.

123.741. Methods of financing systems or improvements. Sec. 11. (1) The acquirement of a water supply, sewage disposal or refuse system, or the making of lake improvements or erosion control systems, or the improvement, enlargement, or extension of any of these may be financed by 1 or more of the following methods: (a) By the issuance of revenue bonds under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140, or any other applicable act. (b) By the issuance of bonds in anticipation of payments to become due under contracts where 1 or more municipalities agree to pay to the county operating under this act certain sums toward the cost of the acquisition, improvement, enlargement, or extension of a project that may be made under this act. (c) By the issuance of bonds in anticipation of the payment of special assessments made by the board of public works. (d) By money advanced by a county operating under this act under agreements with a municipality or municipalities for the repayment of the money. (e) By money advanced, from time to time, before or during construction of a project by a public corporation, in which event the county operating under this act shall reimburse the corporation, with interest not to exceed 8% per annum or without interest as may be agreed, when funds are available for that purpose. The obligation of the county to make the reimbursement may be evidenced by a contract or note, the contract or note may be made payable out of the payments to be made by municipalities, under contracts as described in section 12 or 15, or out of the proceeds of bonds issued under this act by the county or out of any other available funds. The contract or note is not subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. (2) Bonds issued under this act shall be authorized by an ordinance or a resolution approved by the board of public works and adopted by the county board of commissioners of the county operating under this act. The county board of commissioners is authorized by a 3/5 vote of its members elect, to pledge the full faith and credit of the county for the prompt payment of the principal of and interest on any bonds issued pursuant to this act. The county's full faith and credit may be pledged to the payment of principal and interest on revenue bonds issued under subsection (1)(a). If it becomes necessary for the county operating under this act to advance any money, other than its share of the cost of the project, for the payment of principal and interest, then it shall be entitled to reimbursement from any surplus from time to time existing in the fund from which the principal and interest are primarily payable. If the faith and credit of the county is pledged for the payment of principal of and interest on any bonds issued under this act, the county may, in the case of insufficiency of funds primarily pledged for the payment, pay the funds from its general fund or levy taxes without limitation as to rate or amount in addition to any other taxes that the county is authorized to levy but not in excess of the rate or amount necessary to make up the deficiency. The bonds shall be issued in the name of the county and shall be executed by the chairperson of the county board of commissioners and its county clerk, who shall also cause their facsimile signatures to be affixed to the interest coupons to be attached to the bonds. The county clerk shall also affix to the bonds the seal of the county. Bonds issued under this act are negotiable instruments and shall be serial bonds payable annually, with the first maturity due not more than 5 years and the last maturity not more than 40 years from the date of issue. This subsection shall apply to special assessment bonds as well as other bonds. Annual maturity payable after 5 years from the date of the bonds shall not be less than 1/4 of the amount of any subsequent maturity on the same series of bonds. The bonds shall bear interest at not more than the maximum rate permitted by the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, payable semiannually except that the first coupon may be for any number of months not exceeding 10. The bonds and coupons shall be made payable in lawful money of the United States of America and shall be exempt from all taxation by this state or by any taxing authority within this state. The county board of commissioners may authorize the board of public works to sell the bonds in accordance with the laws of this state. 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. 1973, Act 89, Imd. Eff. Aug. 5, 1973; Am. 1974, Act 200, Imd. Eff. July 9, 1974; Am. 1976, Act 64, Imd. Eff. Mar. 30, 1976; Am. 2002, Act 407, Imd. Eff. June 3, 2002

MCL 123.742 Contracts authorized; methods of paying contractual obligations; special assessments; exercise of powers; validation of contracts.

123.742. Contracts authorized; methods of paying contractual obligations; special assessments; exercise of powers; validation of contracts. Sec. 12. (1) A county operating under this act and any 1 or more municipalities including the county itself may enter into a contract or contracts for the acquisition, improvement, enlargement, or extension of a water supply, a sewage disposal, or a refuse system, or the making of lake improvements or erosion control systems and for the payment of the costs by the contracting municipalities, with interest, over a period not exceeding 40 years. (2) In the contract, each contracting municipality may pledge its full faith and credit for the payment of its obligations under the contract. If the municipality has taxing power, it may each year levy a tax in an amount that will be sufficient for the prompt payment of all or part of the contract obligations due before the following year's tax collection. If the contract or an unlimited tax pledge in support of the contract has been approved by the electors, the tax may be in addition to any tax that the municipality may otherwise be authorized to levy and may be imposed without limitation as to rate or amount but shall not be in excess of the rate or amount necessary to pay the contract obligation. The contract is not subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. For the payment of contractual obligations incurred under this act, a township shall levy a tax only on the taxable property in the unincorporated areas of the township unless the township and a village have agreed that a part of the capacity in the county system allocated to the township by contract pursuant to this act will be used to serve areas in a village located wholly or partly within the township and the village has not itself agreed to purchase the capacity in the county system. If a contracting municipality at the time of its annual tax levy has on hand in cash any amount pledged to the payment of the current obligations for which the tax levy is to be made, then the annual tax levy may be reduced by that amount. For the purpose of obtaining the credit, funds may be raised by a municipality by using 1 or more of the following methods: (a) By service charges to users of the system or lake improvements. (b) By special assessment upon lands benefited. (c) By the exaction of charges for the connection of properties, directly or indirectly, to the system or for the availability of the system to serve properties, directly or indirectly, or at a present or future time. (d) By setting aside any state collected funds disbursed to the municipality and usable therefor. (e) By setting aside any other available money. (3) For the purpose of obtaining the credit, municipalities contracting for the acquisition, improvement, enlargement, or extension of an erosion control system shall levy special assessments upon all lands benefited to cover not less than 3/4 of the total project cost contracted for by the local unit. A municipality may agree to raise all or any part of its contract obligation by any of the methods provided in this section that are available. The powers in this act granted to any municipality shall be exercised by its governing body. A contract entered into before May 12, 1959, which complies with this act, is validated. 1957, Act 185, Imd. Eff. June 4, 1957; Am. 1959, Act 34, Imd. Eff. May 12, 1959; 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. 1973, Act 89, Imd. Eff. Aug. 5, 1973; Am. 1974, Act 200, Imd. Eff. July 9, 1974; Am. 1979, Act 83, Imd. Eff. Aug. 1, 1979; Am. 2002, Act 407, Imd. Eff. June 3, 2002

MCL 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. 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

MCL 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. 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

MCL 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. Add. 1973, Act 89, Imd. Eff. Aug. 5, 1973

MCL 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. 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

MCL 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. 1957, Act 185, Imd. Eff. June 4, 1957

MCL 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. 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

Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/documents/mcl/Chapter%20123.xmlFetched: 10/20/2026