COUNTY DEPARTMENT AND BOARD OF PUBLIC WORKS
Act 185 of 1957
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.
History: 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
Notes of Decisions
Dextrom v. Wexford Cnty., 789 N.W.2d 211 (Mich. Ct. App. 2010).
“The term “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…”
Renne v. Waterford Twp., 252 N.W.2d 842 (Mich. Ct. App. 1977).
· cites it 3× “We hold that 1957 PA 185 [MCLA 123.731 et seq.; MSA 5.570(1) et seqj permits *692 defendant and the county to contract with each other for the financing and construction of defendant’s sewer system without being obliged either to submit the question to popular vote or to accord…”
Michigan's Adventure, Inc. v. Dalton Twp., 802 N.W.2d 353 (Mich. Ct. App. 2010).
· cites it 2× “See MCL 123.731 et seq. In such an undertaking, a municipality may raise funds through any of the following methods: imposing service charges, imposing special assessments, exacting charges, setting aside state funds, or setting aside other available money.”
Murphy v. Muskegon Cnty., 413 N.W.2d 73 (Mich. Ct. App. 1987).
“In this case, the operation of the wastewater system by defendants constituted a governmental function since this activity was expressly authorized by 1957 PA 185 , MCL 123.731 et seq.; MSA 5.570(1) et seq.”
Andrews v. Jackson Cnty., 203 N.W.2d 925 (Mich. Ct. App. 1972).
“The township and the County of Jackson are proceeding under MCLA 123.731 et seq; MSA 5.570(1) et seq, which provides for contracts between local government units for the construction and maintenance of sewage facilities.”
Twp. of Leoni v. Twp. of Columbia (Mich. Ct. App. 2017).
“and for the payment of the costs by the contracting municipalities.” Subsection (2) further provides as follows: [E]ach contracting municipality may pledge its full faith and credit for the payment of its obligations under the contract.”
Twp. of Leoni v. Twp. of Columbia (Mich. Ct. App. 2017).
“and for the payment of the costs by the contracting municipalities.” Subsection (2) further provides as follows: [E]ach contracting municipality may pledge its full faith and credit for the payment of its obligations under the contract.”
— Mich. Comp. Laws § 123.731(e) — 1 case
Dextrom v. Wexford Cnty., 789 N.W.2d 211 (Mich. Ct. App. 2010).
“The term “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…”
— Mich. Comp. Laws § 123.731(i) — 1 case
Renne v. Waterford Twp., 252 N.W.2d 842 (Mich. Ct. App. 1977).
“We hold that 1957 PA 185 [MCLA 123.731 et seq.; MSA 5.570(1) et seqj permits *692 defendant and the county to contract with each other for the financing and construction of defendant’s sewer system without being obliged either to submit the question to popular vote or to accord…”
— Mich. Comp. Laws § 123.731(k) — 3 cases
Michigan's Adventure, Inc. v. Dalton Twp., 802 N.W.2d 353 (Mich. Ct. App. 2010).
“See MCL 123.731 et seq. In such an undertaking, a municipality may raise funds through any of the following methods: imposing service charges, imposing special assessments, exacting charges, setting aside state funds, or setting aside other available money.”
Renne v. Waterford Twp., 252 N.W.2d 842 (Mich. Ct. App. 1977).
“We hold that 1957 PA 185 [MCLA 123.731 et seq.; MSA 5.570(1) et seqj permits *692 defendant and the county to contract with each other for the financing and construction of defendant’s sewer system without being obliged either to submit the question to popular vote or to accord…”
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