Michigan Compiled Laws

Mich. Comp. Laws § 123.261 (2026)

Garbage disposal plants or systems in cities or villages; establishment and maintenance; annual garbage tax; construction bonds; “garbage” defined.

✓ current as of July 2026

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GARBAGE DISPOSAL PLANTS

Act 298 of 1917

123.261 Garbage disposal plants or systems in cities or villages; establishment and maintenance; annual garbage tax; construction bonds; “garbage” defined.

Sec. 1.

(1) The city council of a city, whether organized under the general law or special charter, or the president and board of trustees of a village may establish and maintain garbage systems or plants for the collection and disposal of garbage in the city or village, and may levy a tax not to exceed 3 mills on the taxable value of all taxable property in the city or village according to the valuation of the property, as made for the purpose of state and county taxation by the last assessment in the city or village for these purposes. The annual garbage tax shall be in addition to the amount authorized to be levied for general purposes by the general law or special charter under which the city or village is incorporated. All cities or villages may, for the construction of a garbage disposal plant or system, issue bonds in a sum not to exceed 3 mills on the dollar on all taxable property in the city or village according to the valuation of the property, as made for the purpose of state and county taxation by the last assessment in the city or village. Bonds issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.

(2) As used in this act, "garbage" means any putrescible and nonputrescible solid wastes, except body wastes, and includes ashes, incinerator ash, incinerator residue, street cleanings, solid market wastes, solid industrial wastes, and also rubbish including such items as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and litter of any kind.

History: 1917, Act 298, Eff. Aug. 10, 1917 ;-- Am. 1919, Act 253, Eff. Aug. 14, 1919 ;-- CL 1929, 2480 ;-- CL 1948, 123.261 ;-- Am. 1969, Act 213, Imd. Eff. Aug. 6, 1969 ;-- Am. 1975, Act 38, Imd. Eff. May 12, 1975 ;-- Am. 1976, Act 127, Imd. Eff. May 25, 1976 ;-- Am. 2002, Act 239, Imd. Eff. Apr. 29, 2002

Notes of Decisions

Cited in 6 cases, 1984–2010 · leading case: Dextrom v. Wexford Cnty., 789 N.W.2d 211 (Mich. Ct. App. 2010).

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Dextrom v. Wexford Cnty., 789 N.W.2d 211 (Mich. Ct. App. 2010). “at 619-620 , citing MCL 123.261 and MCL 324.4301. Id. at 620 .”

Am. Axle & Mfg., Inc v. City of Hamtramck, 604 N.W.2d 330 (Mich. 2000). · cites it 4× “§ 123.261; MSA 5.2681 authorizes a 3 mill tax for garbage services and provides that the tax "shall be *340 in addition to the amount authorized to be levied for general purposes by the general law or special charter under which the city or village is incorporated.”

Kootsillas v. City of Riverview, 543 N.W.2d 356 (Mich. Ct. App. 1995). · cites it 4× “MCL 123.261; MSA 5.2681. Therefore, because operation of a garbage disposal system is expressly authorized by law, Riverview was engaged in a governmental function in operating the landfill and, therefore, entitled to governmental immunity.”

Coleman v. Kootsillas, 575 N.W.2d 527 (Mich. 1998). “2661, 3 MCL 123.261; MSA 5.2681. 4 Moreover, they may form agreements jointly to run the facilities.”

Colonial Vill. Townhouse Coop. v. City of Riverview, 370 N.W.2d 25 (Mich. Ct. App. 1985). · cites it 4× “Does a complaint for damages alleging that the city has assessed and collected a garbage tax against plaintiffs real property pursuant to MCL 123.261; MSA 5.2681, but has refused to collect the garbage, fall within the jurisdiction of the Tax Tribunal, or does it come within the…”

Beztak Co. v. City of Farmington Hills, 358 N.W.2d 25 (Mich. Ct. App. 1984). “MCL 123.261; MSA 5.2681. The classification drawn by defendant is not between single-family and multiple-family dwellings as plaintiffs argue, but rather between curbside collection, i.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.