Michigan Compiled Laws

Mich. Comp. Laws § 123.301 (2026)

Garbage and rubbish disposal and dog pound authority; incorporation by municipality.

✓ current as of July 2026

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JOINT GARBAGE AND RUBBISH DISPOSAL

Act 179 of 1947

123.301 Garbage and rubbish disposal and dog pound authority; incorporation by municipality.

Sec. 1.

Any 2 or more cities, villages or townships, hereinafter referred to as "municipalities", or any combination thereof, may incorporate an authority for the purpose of the collection or disposal, or both, of garbage or rubbish, or both, and for the establishment and operation of a dog pound, by the adoption of articles of incorporation, by the legislative body of each such municipality. The fact of such adoption shall be endorsed on such articles of incorporation by the mayor and clerk of the city, the president and clerk of the village, or the supervisor and clerk of the township, as the case may be, in form substantially as follows:

"The foregoing articles of incorporation were adopted by the ....................... of the ................................. of ................................., ........................... county, Michigan, at a meeting duly held on the .................. day of ................................., 19.... of said .................. Clerk of said ....................."

The authority shall be comprised of the territory within such incorporating municipalities. The articles of incorporation shall be published at least once in a newspaper designated in said articles and circulating within the authority. One printed copy of such articles of incorporation certified as a true copy by the person or persons designated therefor, with the date and place of such publication, shall be filed with each the secretary of state and the clerk of the county within which such authority or the major portion thereof is located. Such authority shall become effective at the time provided in said articles of incorporation. The validity of such incorporation shall be conclusively presumed unless questioned in a court of competent jurisdiction within 60 days after the filing of such certified copies with the secretary of state and the county clerk.

History: 1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.301 ;-- Am. 1955, Act 92, Imd. Eff. June 2, 1955

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1999–2021 · leading case: City of Royal Oak v. Se. Oakland Cnty. Resource Recovery Auth., 669 N.W.2d 322 (Mich. Ct. App. 2003).

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City of Royal Oak v. Se. Oakland Cnty. Resource Recovery Auth., 669 N.W.2d 322 (Mich. Ct. App. 2003). · cites it 3× “This case presents an issue of first impression concerning the construction of a statute that allows municipalities to combine to form a waste disposal authority, MCL 123.301 et seq. We conclude that this statute also authorizes such an authority to construct a golf course as an…”

Am. Special Risk Ins. Ex Rel. South MacOmb Disposal Auth. v. City of Centerline, 69 F. Supp. 2d 944 (E.D. Mich. 1999). · cites it 2× “See Mich. Comp. Laws §§ 123.301 — .310. 3 . The SMDA contends that site 9 is also covered by the policies.”

Taxpayers for Michigan Constitutional Govt v. State of Michigan (Mich. 2021). · cites it 5× “25 MCL 123.301 et seq. 26 MCL 119.1 et seq. 27 The dissent also discusses the Mackinac Bridge Authority, created to construct and maintain the Mackinac Bridge.”

— Mich. Comp. Laws § 123.301(1) — 2 cases

Taxpayers for Michigan Constitutional Govt v. State of Michigan (Mich. 2021). “25 MCL 123.301 et seq. 26 MCL 119.1 et seq. 27 The dissent also discusses the Mackinac Bridge Authority, created to construct and maintain the Mackinac Bridge.”

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