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Michigan Statutes, Title 123

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Michigan/Statutes

← All Michigan coverage

Title 123, LOCAL GOVERNMENT

82 chapters · 471 sections in this title.

All chapters in Title 123471 Ch 185-of-1957, COUNTY DEPARTMENT AND BOARD OF PUBLI…46 Ch 31-of-1948 (1st Ex. Sess.), BUILDING AUTHORITIES30 Ch 191-of-1968, STATE BOUNDARY COMMISSION27 Ch 392-of-2012, MUNICIPAL LIGHTING AUTHORITY ACT19 Ch 86-of-2014, LOCAL COMMUNITY STABILIZATION AUTHOR…18 Ch 321-of-2000, RECREATIONAL AND NATURAL RESOURCES A…18 Ch 235-of-1947, JOINT WATER AND SEWAGE DISPOSAL SYSTEM17 Ch 105-of-2015, LOCAL GOVERNMENT LABOR REGULATORY LI…16 Ch 49-of-2008, ZOOLOGICAL AUTHORITIES ACT15 Ch 296-of-2010, ART INSTITUTE AUTHORITIES ACT15 Ch 266-of-1951, THE GARBAGE DISPOSAL ACT14 Ch 38-of-1883, DIVISION OF TERRITORY11 Ch 179-of-1947, JOINT GARBAGE AND RUBBISH DISPOSAL11 Ch 185-of-1956, THE MARKET AUTHORITY ACT OF 195610

46 sections·Filtered byTitle 123✕Ch 185-of-1957✕

Mich. Comp. Laws § 123.731 Definitions.
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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, instrum…
Mich. Comp. Laws § 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.
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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 o…
Mich. Comp. Laws § 123.733 Board of public works; officers.
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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.

Mich. Comp. Laws § 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.

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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 si…

Mich. Comp. Laws § 123.735 Expenses and expenditures of board of public works.

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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…

Mich. Comp. Laws § 123.736 Board of public works; director; project costs; civil service.

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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 shal…

Mich. Comp. Laws § 123.737 Powers of county; administration by board of public works.

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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…

Mich. Comp. Laws § 123.738 Acquiring systems or making lake improvements outside corporate limits.

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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 syste…

Mich. Comp. Laws § 123.739 Water supply and sewage disposal or refuse systems; service to municipalities and individual users.

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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 in…

Mich. Comp. Laws § 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.

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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 improvem…

Mich. Comp. Laws § 123.741 Methods of financing systems or improvements.

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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 issuanc…

Mich. Comp. Laws § 123.742 Contracts authorized; methods of paying contractual obligations; special assessments; exercise of powers; validation of contracts.

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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 o…

Mich. Comp. Laws § 123.743 Project special assessment district; municipal special assessments.

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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…

Mich. Comp. Laws § 123.744 Methods of acquiring property; disposition of real property; condemnation procedure; use continued without resolution or contract.

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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, e…

Mich. Comp. Laws § 123.744a Validation of certain bonds or notes; contest prohibited.

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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 t…

Mich. Comp. Laws § 123.745 Water supply or sewage disposal or refuse systems; municipality service contract with county; county contracts.

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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 …

Mich. Comp. Laws § 123.746 Water supply or sewage disposal or refuse systems; project costs.

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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 exceedi…

Mich. Comp. Laws § 123.747 Failure to pay amounts required under contract or assessment; notice; deduction; other remedies for reimbursement; tax levy.

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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…

Mich. Comp. Laws § 123.751 Special assessments for project.

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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.

Mich. Comp. Laws § 123.752 Special assessments; plans, estimate of costs, designation of district, hearing on objections, notice, additions.

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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 wo…

Mich. Comp. Laws § 123.753 Special assessments; final determination of district; special assessment roll.

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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, amend…

Mich. Comp. Laws § 123.754 Special assessments; confirmation of roll.

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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 obje…

Mich. Comp. Laws § 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.

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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…

Mich. Comp. Laws § 123.756 Special assessments; certification of amounts to be spread.

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Sec. 26. The director of public works shall certify annually to the county clerk, on or before the first day of the annual meeting of the board of supervisors, the amount due on the special assessment installment against each parcel of land in the district, which is to be spread …

Mich. Comp. Laws § 123.757 Special assessments; collection.

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Sec. 27. All assessments spread under the provisions of this act shall be subject to the same interest, collection and penalty charges and shall be collected in the same manner, as county taxes. All collecting officers are hereby vested with the same power and authority in the co…

Mich. Comp. Laws § 123.758 Special assessments; lien.

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Sec. 28. Special assessments, including all installments thereof, contained in any special assessment roll, shall from the date of confirmation of the roll, constitute a lien upon the respective parcels of land assessed. The lien shall be of the same character and effect as the l…

Mich. Comp. Laws § 123.759 Special assessments; apportionment on division of parcels.

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Sec. 29. Should any parcel of land be divided after a special assessment thereon has been confirmed, and before the collection thereof, the board of public works may require the director of public works to apportion the uncollected amounts between the several divisions thereof an…

Mich. Comp. Laws § 123.760 Special assessments; prorated deficiency or surplus of collection.

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Sec. 30. Should the assessments in any special assessment roll prove insufficient for any reason, including the noncollection thereof, to pay for the improvement for which they were made or to pay the principal and interest on the bonds issued in anticipation of the collection th…

Mich. Comp. Laws § 123.761 Special assessments; curative proceedings.

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Sec. 31. Whenever any special assessment, in the opinion of the board, shall be invalid by reason of irregularities or informalities in the proceedings, or if any court of competent jurisdiction shall adjudge the assessment to be illegal, the board, whether the improvement has be…

Mich. Comp. Laws § 123.762 Special assessments; exempted lands; agreement to pay assessment.

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Sec. 32. Any person, firm or corporation, public or private, whose lands are exempt by law from the payment of special assessments, may agree in writing to pay any special assessments against such lands, and in such case the assessment, including all the installments thereof, sha…

Mich. Comp. Laws § 123.763 Delinquent special assessments; advancement by municipality; reimbursement; reassessment.

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Sec. 33. Whenever lands in any municipality are assessed by the board of public works for all or any part of the cost of a project, the governing body of the municipality by resolution adopted by 3/5 of its members elect may agree that in the event of delinquency in the collectio…

Mich. Comp. Laws § 123.771 Condemnation; authority.

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Sec. 41. A county operating under this act is hereby authorized to take private property necessary for any purpose within the scope of its powers under this act, for the use or benefit of the public and to institute and prosecute proceedings for that purpose.

Mich. Comp. Laws § 123.772 Condemnation; declaration of necessity.

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Sec. 42. Proceedings may be commenced and prosecuted under this chapter whenever the board of public works, acting as the agency of the county, shall have declared by resolution that it deems it necessary to take certain private property for a designated public improvement, and t…

Mich. Comp. Laws § 123.773 Petition; contents.

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Sec. 43. The board of public works shall make and deliver to its attorney a certified copy of the resolution and it shall be the duty of the attorney to prepare and file in the name of the county in the court having jurisdiction of the proceedings, a petition signed by him in his…

Mich. Comp. Laws § 123.774 Petition; court order for hearing.

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Sec. 44. Upon filing of the petition the court shall make an order fixing a day for hearing on such petition which shall be not less than 25 days thereafter. The order shall recite the purpose of the petition and the description of the property to be taken and the names of the pe…

Mich. Comp. Laws § 123.775 Petition; publication of order; service on named defendants.

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Sec. 45. A copy of the order shall be published once in each week for 3 weeks in some newspaper circulated in the county, to be designated by the court, the first publication to be not less than 3 weeks before the hearing. A copy of the order shall also be served on each person n…

Mich. Comp. Laws § 123.776 Court commissioners; appointment; discontinuance of proceedings.

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Sec. 46. On the day fixed, the court shall enter the default of all persons interested in the property described who have not appeared; and unless sufficient cause to the contrary be shown, shall appoint 3 disinterested persons as court commissioners whose duty it shall be to det…

Mich. Comp. Laws § 123.777 Court commissioners; meetings; conducting business at public meeting; notice of meeting; adjournment; subpoenas; oaths; viewing premises; hearing proofs and allegations; availability of report and other writings to public.

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Sec. 47. The court commissioners shall meet at the time and place ordered by the court and shall be sworn to faithfully discharge their duties. The business which the commissioners may perform shall be conducted at a public meeting of the commissioners held in compliance with Act…

Mich. Comp. Laws § 123.778 Court commissioners; determination of necessity, damages, report.

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Sec. 48. The court commissioners shall determine whether it is necessary to take for public use or benefit the property described in the petition, and if so, shall appraise the damages to be paid as compensation for each piece or parcel of property, and shall report such decision…

Mich. Comp. Laws § 123.779 Multiple petitions; descriptions.

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Sec. 49. It shall not be necessary for the board of public works to include in 1 determination the descriptions of all of the property necessary to be taken for any single project or to include in 1 petition the descriptions of all of the property described in the determination u…

Mich. Comp. Laws § 123.780 Report of court commissioners; court orders.

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Sec. 50. Upon the filing of the report of the court commissioners, the court shall set a time for the consideration thereof and shall cause notice thereof to be given in the manner required by court rule in respect to the hearing of motions. At such time or at such other time to …

Mich. Comp. Laws § 123.781 Report of court commissioners; confirmation, orders for payment of witness fees, attorney fees, damages.

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Sec. 51. After the court shall confirm the report of the court commissioners, it shall enter an order authorizing the county to pay the several sums awarded for damages and it shall pay the same accordingly. The court may determine and include in the order an allowance to the per…

Mich. Comp. Laws § 123.782 Compensation of court commissioners; expenses.

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Sec. 52. The court shall fix the compensation of the court commissioners and determine the amount of their necessary expenses incurred in connection with such proceeding.

Mich. Comp. Laws § 123.783 Review by certiorari; procedure; time limitation.

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Sec. 53. Any proceeding taken under the provisions of this act shall be subject to review upon certiorari. The procedure therefor shall be the same as is required in case of certiorari to review judgment rendered by judges of the circuit courts. The application for certiorari mus…

Mich. Comp. Laws § 123.784 Court orders; service.

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Sec. 54. All court orders heretofore mentioned in this act, unless otherwise provided, may be served as follows: (a) By delivery of a true copy thereof to the person to be served; or (b) By leaving a true copy thereof at the residence of the person to be served; or (c) By mailing…

Mich. Comp. Laws § 123.786 Lis pendens; filing.

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Sec. 56. It shall be the duty of any attorney filing a petition under this chapter to file a lis pendens in the office of the register of deeds.