JOINT GARBAGE AND RUBBISH DISPOSAL
Act 179 of 1947
123.308 Power to raise and expend moneys; payment of contracts; taxing power denied authority.
Sec. 8.
The legislative body of each city, village or township which is a part of such authority is authorized to raise by tax or pay from its general funds, any moneys required to be paid by the articles of incorporation or by the terms of any contract between it and the authority, unless some other method is provided therefor in such articles of incorporation or contract. The authority shall have no direct taxing power.
History: 1947, Act 179, Eff. Oct. 11, 1947 ;-- CL 1948, 123.308
Notes of Decisions
South Macomb Disposal Auth. v. Twp. of Washington, 790 F.2d 500 (6th Cir. 1986).
“Since municipalities contract with a disposal authority to collect garbage and are authorized to raise taxes for that purpose, Mich. Comp.Laws Ann. § 123.308, the activity of SMDA is an “activity normally supported by taxes or fees.”
Taxpayers for Michigan Constitutional Govt v. State of Michigan, No. 160658 (Mich. July 28, 2021).
“MCL 123.308. Third, and most importantly to the analysis here, the governing bodies of these authorities were almost universally chosen—not by the electorate directly, but by the participating municipalities or state officers.”
Taxpayers for Michigan Constitutional Govt v. State of Michigan, No. 160658 (Mich. July 28, 2021).
“MCL 123.308. Third, and most importantly to the analysis here, the governing bodies of these authorities were almost universally chosen—not by the electorate directly, but by the participating municipalities or state officers.”
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