reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.115 - Preparation of Annual Budget.

259.115 Preparation of annual budget.
Sec. 115.
Before the beginning of each fiscal year, the board shall prepare a budget containing an itemized statement of the estimated current operational expenses and the expenses for capital outlay including funds for the operation and development of the airport under the jurisdiction of the board, and the amount necessary to pay the principal and interest of any outstanding bonds or other obligations of the authority maturing during the ensuing fiscal year or which have previously matured and are unpaid, and an estimate of the revenue of the authority from all sources for the ensuing fiscal year. The board shall adopt that budget in accordance with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.118 - Operational Jurisdiction Over Airport; Transfer to Authority; Effect.

259.118 Operational jurisdiction over airport; transfer to authority; effect.
Sec. 118.
(1) The transfer of the operational jurisdiction over an airport to the authority may not in any way impair any contracts with airlines, vendors, tenants, bondholders, or other parties in privity with the local government that owns the airport over which operational jurisdiction has been transferred to an authority.
(2) Upon the transfer of operational jurisdiction over an airport pursuant to section 117, a local government shall be relieved from all further costs and responsibility arising from or associated with control, operation, development, and maintenance of that airport, except as otherwise required under obligations retained by the local government under this chapter or as otherwise agreed by the local government.
(3) A local government that owns an airport for which an authority has been created or incorporated under this chapter shall comply with all of the following:
(a) Refrain from any action that would impair an authority's exercise of the powers granted to the authority under this chapter or that would impair the efficient operation and management of the airport.
(b) Refrain from any action to sell, transfer, or otherwise encumber or dispose of airport facilities owned by the local government for which operational jurisdiction has been transferred without the consent of the authority and, where necessary, the federal aviation administration.
(c) Take all action reasonably necessary to cure any defects in title to airport facilities over which an authority has been transferred operational jurisdiction.
(d) At the request of an authority that has been transferred operational jurisdiction of an airport owned by the local government, grant any license, easement, or right-of-way in connection with the airport to the extent the authority has not been empowered to take these actions.
(e) Upon creation or incorporation of an authority and before the approval date, conduct operations of the airport in the ordinary and usual course of business.
(f) Maintain and repair, including providing snow removal for, any road providing ingress and egress to the airport over which responsibility for maintenance and repair is retained by the local government pursuant to agreement or law.
(4) At the request of the authority, a local government that owns a qualified airport over which operational jurisdiction has been transferred to an authority shall provide the authority with transitional services previously performed by the local government and related to the operation of the qualified airport until the date the authority elects to assume these services. The reasonable cost of these services shall be paid by the authority.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.120 - Sources of Revenue.

259.120 Sources of revenue.
Sec. 120.
(1) An authority may raise revenues to fund all of its activities, operations, and investments consistent with its purposes. However, an authority shall not levy a tax or impose a special assessment. The sources of revenue available to the authority may include, but are not limited to, fees, rents, or other charges the authority may fix, regulate, and collect for the airport facilities under the control of and services furnished by the authority, including fees, rentals, and charges fixed in connection with agreements entered into under section 116. The revenues raised by an authority may be pledged, in whole or in part, for the repayment of bonded indebtedness and other expenditures issued or incurred by the authority.
(2) To the extent practicable, an authority shall endeavor to maximize the revenues generated from enterprises located at the airport consistent with its obligations under applicable federal law, regulations, and assurances associated with accepting grants from the FAA or any other agency of the United States or this state.
(3) The authority may make application for and receive loans, grants, guarantees, or other financial assistance in aid of airport facilities and the operation of the airport from any state, federal, county, or municipal government or agency or from any other source, public or private, including financial assistance for purposes of planning, constructing, improving, and operating the airport, for providing security at the airport, and for providing ground access to the airport.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.121 - Other Publicly Owned Airports; Transfer of Operational Jurisdiction.

259.121 Other publicly owned airports; transfer of operational jurisdiction.
Sec. 121.
The authority may accept the transfer of operational jurisdiction of other publicly owned airports that hold an airport operating certificate issued by the FAA under part 139 of chapter 14 of the code of federal regulations, within and without the local government. In accepting a transfer, the authority may assume no financial obligations other than those associated with the operation of the airport being transferred and with debt issued to finance improvements at the airport being transferred. If a governmental entity transfers operational jurisdiction over an airport to an authority under this section, the authority shall not sell or transfer any property of the governmental entity without the consent of the governmental entity that provided the transfer of operational jurisdiction under this section. An authority that operates a qualified airport shall not operate an airport that is located in a city having a population of more than 750,000.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.122 - Issuance of Bonds by Authority.

259.122 Issuance of bonds by authority.
Sec. 122.
For the purpose of acquiring, purchasing, constructing, improving, enlarging, furnishing, equipping, reequipping, or repairing airports and airport facilities for which operational jurisdiction is transferred pursuant to this chapter or is acquired by the authority, the authority may issue self-liquidating bonds of the authority in accordance with and exercise all of the powers conferred upon public corporations by the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.139.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.123 - Borrowing Money and Issuing Municipal Securities.

259.123 Borrowing money and issuing municipal securities.
Sec. 123.
The authority may borrow money and issue municipal securities in accordance with and exercise all of the powers conferred upon municipalities by the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.124 - Bonds or Other Evidence of Indebtedness; Tax Exemption.

259.124 Bonds or other evidence of indebtedness; tax exemption.
Sec. 124.
All bonds or other evidences of indebtedness issued by an authority under this chapter, and the interest thereon, are free and exempt from all taxation within the state, except for transfer and franchise taxes.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.125 - Legislative Body of Local Government; Actions.

259.125 Legislative body of local government; actions.
Sec. 125.
(1) The legislative body of any local government that owns an airport over which the operational jurisdiction has been transferred to an authority is hereby authorized, with the consent of the authority, to take 1 or more of the following actions:
(a) Pledge its full faith and credit behind any obligation or evidence of indebtedness of the authority.
(b) Advance funds to the authority for working capital and other purposes of the authority on terms and conditions agreed to by the authority and the local government consistent with obligations under applicable federal law, regulations, and assurances associated with accepting grants from the FAA or any other agency of the United States or this state.
(c) Appropriate and grant funds to the authority in furtherance of its purposes.
(d) Grant and convey to the authority real or personal property of any kind or nature, or any interest in real or personal property, for the carrying out of the authorized purposes of the authority.
(2) A pledge made pursuant to this section shall be at the discretion of the legislative body of the local government and may be subject to an agreement providing for terms and conditions of the pledge and for repayment of any amount paid pursuant to the pledge as the authority and the local government may determine necessary and advisable consistent with obligations under applicable federal law, regulations, and assurances associated with accepting grants from the FAA or any other agency of the United States or this state.
(3) Any agreement by an authority to repay an advance made pursuant to this section, and any obligation incurred by the authority under that agreement, shall not be subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.125a - Interest Rate Exchange or Agreement.

259.125a Interest rate exchange or agreement.
Sec. 125a.
(1) For the purpose of more effectively managing its debt service, an authority may enter into an interest rate exchange or swap, hedge, or similar agreement or agreements in connection with the issuance or proposed issuance of obligations or other evidences of indebtedness or in connection with its then outstanding obligations or other evidences of indebtedness.
(2) In connection with entering into an interest rate exchange or swap, hedge, or similar agreement, the authority may create a reserve fund for the payment thereof.
(3) An agreement entered into pursuant to this section shall comply with all of the following:
(a) The agreement is not a debt of the authority entering into the agreement for any statutory or charter debt limitation purpose.
(b) The agreement is payable from general funds of the authority or, subject to any existing contracts, from any available money or revenue sources, including revenues that shall be specified by the agreement, securing the obligation or evidence of indebtedness in connection with the agreement.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.125b - Contract Between Authority and Bond Holder; Provisions.

259.125b Contract between authority and bond holder; provisions.
Sec. 125b.
(1) Notwithstanding any other provisions of this chapter or any other law, the provisions of all ordinances, resolutions, and other proceedings of the local government with respect to any outstanding bonds, notes, or any and all evidences of indebtedness or liability assumed by an authority pursuant to this chapter shall constitute a contract between the authority and the holders of the bonds, notes, or evidences of indebtedness or liability, and shall have their provisions enforceable against the authority or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction in accordance with law.
(2) Bonds, notes, or any and all evidences of indebtedness or liability that are assumed by an authority under this chapter are payable solely from and secured solely by the sources of revenue that were pledged to those bonds, notes, or evidences of indebtedness or liability under the ordinance, resolution, or other proceedings of the local government, and do not constitute a full faith and credit obligation of the authority.
(3) Nothing in this chapter or in any other law shall be held to relieve an authority from any bonded or other debt or liability lawfully contracted by the local government with respect to the airport and outstanding as of the effective date of the transfer of the operational jurisdiction over the airport to the authority.
(4) An authority shall not take any action to impair the rights or remedies of the holders of the bonds or other obligations of the local government that owns the airport that were lawfully issued prior to the transfer of operational jurisdiction of the airport to the authority.
(5) Upon the transfer of operational jurisdiction over the airport to an authority, trustees, paying agents, and registrars for any obligation of the local government that has been assumed by the authority pursuant to section 117 shall perform all of their duties and obligations and provide all notices related to those obligations as if the authority were the issuer of the obligations. These trustees, paying agents, and registrars shall care for and consider all revenues and funds pledged to secure obligations of the local government that have been assumed by the authority pursuant to section 117 as revenues and funds of the authority. The authority shall indemnify and hold harmless these trustees, paying agents, and registrars from liability incurred in compliance with this subsection.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIA. - Chapter Via. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilites by Public Airport Authorities (259.108...259.125c) › Section 259.125c - Severability.

259.125c Severability.
Sec. 125c.
If any portion of this chapter or the application of this chapter to any person or circumstances is found to be invalid by a court, that invalidity shall not affect the remaining portions or applications of this chapter, which can be given effect without the invalid portion or application, as long as the remaining portions are not determined by the court to be inoperable; and to this end, this chapter is declared to be severable.
History:
Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.126 - Airports; Acquisition and Operation by Political Subdivisions.

259.126 Airports; acquisition and operation by political subdivisions.
Sec. 126.
Every political subdivision in this state is hereby authorized through its governing body to acquire property, real and personal, for the purpose of establishing, constructing, and enlarging airports, landing fields and other aeronautical facilities, and to acquire, establish, construct, enlarge, improve, maintain, equip, operate and regulate such airports, landing fields and other aeronautical facilities, and other property incidental to their operation, either within or without the territorial limits of such political subdivision, and within or without the state of Michigan, in the manner provided by the laws of this state for the acquisition of real property for public purposes. Acquisition may be by purchase, lease, gift, condemnation or dedication: Provided, That, except with respect to the enlargement of existing airports, landing fields and other aeronautical facilities, a verdict of necessity in any condemnation case pending on the effective date of this act, or hereafter instituted pursuant to the provisions of this section, shall not be rendered by the condemnation jury, in case the proposed site is wholly or partially located within a charter township of more than 35,000 population according to the latest census or is wholly or partially located within a political subdivision next adjoining such charter township and the proposed site is located in a county other than that in which the condemning authority is situated, until such time as evidence is presented to the court showing that the board of supervisors of the county within which the proposed site is wholly or partially located and the board of supervisors of the county within which the adjoining political subdivision is located have approved the acquisition and condemnation of such property for such purposes by a majority vote of its members elect.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.126 ;-- Am. 1953, Act 39, Imd. Eff. May 3, 1953
Former Law:
See sections 1, 2, 3, 4, and 6 of Act 182 of 1927, being CL 1929, §§ 4829, 4830, 4831, 4832, and 4834; Act 344 of 1939.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.126a - Aeronautical Facilities; Acquisition and Operation by State of Wisconsin; Reciprocity.

259.126a Aeronautical facilities; acquisition and operation by state of Wisconsin; reciprocity.
Sec. 126a.
The governing body of a political subdivision in the state of Wisconsin whose laws permit, may acquire, establish, construct, enlarge, own, control, lease, equip, improve, maintain and operate airports, landing fields and other aeronautical facilities in this state, subject to all laws, rules and regulations of this state applicable to its political subdivisions in such aeronautical projects, but subject to the laws of Wisconsin in all matters relating to financing such projects. A political subdivision of the state of Wisconsin shall have the same privileges, rights and duties of like political subdivisions of this state. This section shall not apply unless the laws of Wisconsin permit political subdivisions of this state to acquire, establish, construct, enlarge, own, control, lease, equip, improve, maintain, operate and otherwise control such airport, landing field and other aeronautical facilities in Wisconsin with all privileges, rights and duties applicable to the other political subdivisions of the state of Wisconsin in such aeronautical projects.
History:
Add. 1967, Act 271, Eff. Nov. 2, 1967
Admin Rule:
R 259.201 et seq.; R 259.801 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.126b - Political Subdivision of State of Ohio; Privileges, Rights, and Duties.

259.126b Political subdivision of state of Ohio; privileges, rights, and duties.
Sec. 126b.
The governing body of a political subdivision in the state of Ohio whose laws permit may acquire, establish, construct, enlarge, own, control, lease, equip, improve, maintain, and operate airports, landing fields, and other aeronautical facilities in this state, subject to all laws, rules, and regulations of this state applicable to its political subdivisions in such aeronautical projects, but subject to the laws of Ohio in all matters relating to financing of such projects. A political subdivision of the state of Ohio shall have the same privileges, rights, and duties of like political subdivisions of this state. This section does not apply unless the laws of Ohio permit political subdivisions of this state to acquire, establish, construct, enlarge, own, control, lease, equip, improve, maintain, operate, and otherwise control an airport, landing field, and other aeronautical facility in Ohio with all privileges, rights, and duties applicable to the other political subdivisions of the state of Ohio in such aeronautical projects.
History:
Add. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.126c - Political Subdivision of State of Indiana; Privileges, Rights, and Duties.

259.126c Political subdivision of state of Indiana; privileges, rights, and duties.
Sec. 126c.
The governing body of a political subdivision in the state of Indiana whose laws permit may acquire, establish, construct, enlarge, own, control, lease, equip, improve, maintain, and operate airports, landing fields, and other aeronautical facilities in this state, subject to all laws, rules, and regulations of this state applicable to its political subdivisions in such aeronautical projects, but subject to the laws of Indiana in all matters relating to financing such projects. A political subdivision of the state of Indiana shall have the same privileges, rights, and duties of like political subdivisions of this state. This section does not apply unless the laws of Indiana permit political subdivisions of this state to acquire, establish, construct, enlarge, own, control, lease, equip, improve, maintain, operate, and otherwise control an airport, landing field, and other aeronautical facility in Indiana with all privileges, rights, and duties applicable to the other political subdivisions of the state of Indiana in such aeronautical projects.
History:
Add. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.127 - Air Space Rights.

259.127 Air space rights.
Sec. 127.
Where necessary, in order to provide unobstructed air space for the safe landing or taking off of aircraft utilizing airports, landing fields, or other aeronautical facilities acquired or operated under this act, every political subdivision of this state is authorized to acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of the airports, landing fields, and other aeronautical facilities, and such other airport protection privileges as are necessary to insure safe approaches to the landing and takeoff areas. Political subdivisions are also authorized to acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from airport hazards, for the purpose of maintaining and repairing the lights and marks.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.127 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.128 - Encroachments on Airport Protection Privileges Declared Public Nuisance; Abatement.

259.128 Encroachments on airport protection privileges declared public nuisance; abatement.
Sec. 128.
Encroachments on airport protection privileges a public nuisance. It shall be unlawful for anyone to build, rebuild, create, or cause to be built, rebuilt, or created any object, or plant, cause to be planted or permit to grow higher any tree or trees or other vegetation, which shall encroach upon any airport protection privileges acquired pursuant to the provisions of this chapter. Any such encroachment is declared to be a public nuisance and may be abated in the manner as is prescribed by law for the abatement of public nuisance.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.128
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.129 - Prior Acquisitions; Validation.

259.129 Prior acquisitions; validation.
Sec. 129.
Prior acquisition and operation of airport property validated. Any acquisition of property within or without the limits of any political subdivision of this state for airports, landing fields, or other aeronautical facilities, or of airport protection privileges and arrangements made for the operation of such facilities, heretofore made by any such political subdivision in any manner, together with the conveyance and acceptance thereof, is hereby legalized and made valid and effective.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.129
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.130 - Political Subdivisions; Appropriation of Funds.

259.130 Political subdivisions; appropriation of funds.
Sec. 130.
Political subdivisions may appropriate funds and levy tax for airports, landing fields and other aeronautical facilities. Every political subdivision of this state is hereby authorized to appropriate funds for acquisition, improvement, maintenance and equipping of airports, landing fields and other aeronautical facilities as provided in this act, and may levy tax on property within such political subdivisions subject to taxation for public purposes, as provided by law; but said tax shall never exceed in any 1 year 1 mill on the assessed valuation of said political subdivision: Provided, That funds of any political subdivision not already appropriated or earmarked for other purposes may be used for the herein authorized purposes upon the majority vote of the legislative body of any such political subdivision.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.130
Former Law:
See section 7 of Act 182 of 1927, being CL 1929, § 4835.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.131a - Repealed. 1996, Act 370, Imd. Eff. July 3, 1996.

259.131a Repealed. 1996, Act 370, Imd. Eff. July 3, 1996.
Compiler's Notes:
The repealed section pertained to issuance of capital city airport revenue bonds.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.132 - Declaration of Public Purpose and Necessity.

259.132 Declaration of public purpose and necessity.
Sec. 132.
Declaration of public purpose and as a public necessity. The acquisition of any lands for the purpose of establishing airports, landing fields or other aeronautical facilities; the acquisition, of airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports, landing fields and other aeronautical facilities, and the exercise of any other powers herein granted to political subdivisions of this state, are hereby declared to be public, governmental and municipal functions, exercised for a public purpose, and matters of public necessity.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.132
Former Law:
See section 3 of Act 182 of 1927, being CL 1929, § 4831.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.134 - Joint Operation; Board, Compensation, Term; Condemnation Proceedings; Expenditures.

259.134 Joint operation; board, compensation, term; condemnation proceedings; expenditures.
Sec. 134.
Joint operation. (a) All powers, rights and authority granted to any political subdivision in this act may be exercised and enjoyed by 2 or more of them, or by this state and 1 or more such political subdivisions, acting jointly, either within or without the territorial limits of either or any of them, and within or without this state; or by this state or any political subdivision acting jointly with any other state or political subdivision thereof, whether within or without this state; provided the laws of such other state permit such joint action; and contracts may be entered with each other for the herein provided and authorized joint action.
(b) Political subdivisions of this state acting jointly as herein authorized shall create a board from the inhabitants thereof for the purpose of acquiring property for, establishing, constructing, enlarging, improving, maintaining, equipping, operating and regulating the airports, landing fields and other aeronautical facilities, and airport protection privileges to be jointly acquired, controlled and operated. Such board shall consist of members to be appointed by the governing body of each political subdivision involved, the number to be appointed by each to be provided for by the agreement for the joint venture. Each member shall serve for such time and upon such terms as to compensation, if any, as may be provided for in the agreement.
(c) Such board may exercise, on behalf of the political subdivisions acting jointly by which it is appointed, all the powers of each such political subdivision granted by this act.
(d) Condemnation proceedings shall be instituted in the names of the political subdivisions jointly, and the property acquired shall be held by the political subdivisions as tenants in common.
(e) For the purpose of providing funds for necessary expenditures in carrying out the provisions of this act, a joint fund shall be created and maintained, into which each of the political subdivisions involved shall deposit its proportionate share as provided by the joint agreement; revenues in excess of cost of maintenance and operating expenses of the joint properties to be divided as may be provided in the original agreement for the joint venture.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.134
Former Law:
See section 6 of Act 182 of 1927, being CL 1929, § 4834.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.135 - Federal or Other Assistance to Political Subdivisions; Submittal of Project Application to Administrator of Federal Aviation Administration; Commission as Agent; Terms and Conditions of Agency; Disbursements.

259.135 Federal or other assistance to political subdivisions; submittal of project application to administrator of federal aviation administration; commission as agent; terms and conditions of agency; disbursements.
Sec. 135.
(1) A political subdivision of this state is empowered to accept federal or other assistance in the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports, landing fields, and other aeronautical facilities.
(2) A political subdivision of this state, whether acting alone or jointly with another political subdivision or with the state, shall not submit directly to the administrator of the federal aviation administration or its successor agency any project application under the provisions of an act of Congress for airport and airway systems, unless the project and the project application have been first approved by the commission.
(3) A political subdivision shall not directly accept, receive, receipt for, or disburse any funds granted by the United States for the purpose of acquisition, construction, enlargement, maintenance, equipment, or improvement of airports, landing fields, or other aeronautical facilities, but it shall designate the commission as its agent and in its behalf to accept, receive, receipt for, and disburse such funds. A political subdivision shall enter into an agreement with the commission which shall prescribe the terms and conditions of the agency in accordance with federal laws, rules, and regulations and the applicable laws of this state. Money paid over by the United States government for the acquisition, construction, improvement, enlargement, equipment, or maintenance of airports, landing fields, or other aeronautical facilities shall be channeled through the state treasury and disbursed for and in behalf of the political subdivision under the terms and conditions of the respective grants. The disbursements shall be made in accordance with the accounting laws and procedures of this state.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.135 ;-- Am. 1948, Ex. Sess., Act 32, Imd. Eff. May 10, 1948 ;-- Am. 1982, Act 466, Imd. Eff. Dec. 30, 1982
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VII - Chapter VII Acquisition and Operation of Airports, Landing Fields and Other Aeronautical Facilities by Political Subdivisions of This State. (259.126...259.136) › Section 259.136 - Board of County Commissioners; Vote to Provide Aid.

259.136 Board of county commissioners; vote to provide aid.
Sec. 136.
The county board of commissioners of any county may vote to provide aid for any publicly owned or operated airport, landing field, or other aeronautical facility within the county, and include the aid in the county tax, or provide for the payment of the aid from money available in the general fund of the county.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.136 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
Former Law:
See section 7 of Act 182 of 1927; Act 103 of 1929, being CL 1929, § 4835.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIIA. - Chapter Viia. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilities by Regional Airport Authorities (259.137...259.149) › Section 259.137 - Chapter Short Title.

259.137 Chapter short title.
Sec. 137.
This chapter shall be known and may be cited as the "regional airport authority act".
History:
Add. 2015, Act 95, Imd. Eff. June 30, 2015
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIIA. - Chapter Viia. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilities by Regional Airport Authorities (259.137...259.149) › Section 259.139 - Authority as Public Body Corporate; Intent to Incorporate Regional Authority; Resolution; Presumption of Validity; Rules Prohibited.

259.139 Authority as public body corporate; intent to incorporate regional authority; resolution; presumption of validity; rules prohibited.
Sec. 139.
(1) An authority created under this section is a public body corporate for purposes of state and federal law and must comply with all of the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(c) The uniform budget and accounting act, 1968 PA 2, MCL 141.421 to 141.440a.
(2) A local government that owns or operates an airport may, by resolution, declare its intention to incorporate a regional authority. In the resolution of intent, the legislative body of the local government shall set a date for a public hearing on the adoption of a proposed resolution incorporating the regional authority. The public hearing must be held in accordance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. After the public hearing, if the legislative body of the local government intends to proceed with the incorporation of the regional authority, it must adopt, by majority vote of its members, a resolution adopting the articles of incorporation of the regional authority. The adoption of the resolution is subject to any applicable statutory or charter provisions with respect to the approval or disapproval by an officer of the local government and the adoption of an ordinance over the officer's veto. The articles of incorporation for the regional authority take effect on being filed with the secretary of state.
(3) The validity of the incorporation of a regional authority is conclusively presumed unless questioned in an original action filed in the court of appeals within 60 days after the creation or incorporation of the regional authority under this chapter. The court of appeals has original jurisdiction to hear an action under this subsection. The court shall hear the action in an expedited manner. The state transportation department is a necessary party in an action under this subsection.
(4) The department shall not promulgate rules under this chapter.
History:
Add. 2015, Act 95, Imd. Eff. June 30, 2015
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIIA. - Chapter Viia. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilities by Regional Airport Authorities (259.137...259.149) › Section 259.141 - Meetings; Audit Committee.

259.141 Meetings; audit committee.
Sec. 141.
(1) After organization, a board shall adopt a schedule of regular meetings and adopt a regular meeting date, place, and time. The board shall meet not less than quarterly. A special meeting of the board may be scheduled as provided in the bylaws of the regional authority, but the board chairperson shall call a special meeting on request of 2 or more board members.
(2) A board shall appoint an audit committee consisting of at least 2 members of the board. The audit committee shall meet not less than annually with the chief financial officer, the chief executive officer, and the independent auditors of the regional authority to review reports related to the financial condition, operations, performance, and management of the regional authority and airport.
History:
Add. 2015, Act 95, Imd. Eff. June 30, 2015
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIIA. - Chapter Viia. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilities by Regional Airport Authorities (259.137...259.149) › Section 259.147 - Transfer of Operational Jurisdiction of Other Publicly Owned Airports to Regional Authority.

259.147 Transfer of operational jurisdiction of other publicly owned airports to regional authority.
Sec. 147.
A regional authority may accept the transfer of operational jurisdiction of other publicly owned airports, in and outside of the local government. In accepting a transfer, the regional authority shall not assume financial obligations other than those associated with the operation of the airport being transferred and with debt issued to finance improvements at the airport being transferred.
History:
Add. 2015, Act 95, Imd. Eff. June 30, 2015
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIIA. - Chapter Viia. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilities by Regional Airport Authorities (259.137...259.149) › Section 259.149 - Purposes of Regional Authority; Effectuation; Payment of Taxes or Assessments Not Required.

259.149 Purposes of regional authority; effectuation; payment of taxes or assessments not required.
Sec. 149.
The effectuation of the authorized purposes of a regional authority must be in all respects for the benefit of the people of the region the airport serves and in order to meet present and future state and regional needs with respect to the provision of adequate, safe, and efficient airport facilities and services to the public and to promote the economic development and well-being of this state. By performing an essential governmental function, the regional authority is not required to pay taxes or assessments of any kind or nature whatsoever on any property required or used for airport or airport facility purposes or on any rates, fees, rentals, receipts, or income at any time received by it.
History:
Add. 2015, Act 95, Imd. Eff. June 30, 2015
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIII - Chapter VIII Approach Protection for Airports, Landing Fields and Other Aeronautical Facilities. (259.151...259.156) › Section 259.151 - State Plan for Approach Protection Areas.

259.151 State plan for approach protection areas.
Sec. 151.
(1) The commission may create and establish a state plan for approach protection areas surrounding airports, landing fields, and other aeronautical facilities, by establishing standards of height and use to which any structure or obstruction, whether natural or human-made, may be erected or maintained within a distance from the boundaries of any airport, landing field or other aeronautical facility necessary for public safety.
(2) The airport manager of an airport licensed under this act shall promptly file all of the following with any city, village, township, or county that is located in whole or in part within the approach protection area:
(a) A copy of the airport approach plan for the airport, if any.
(b) A copy of the airport layout plan for the airport, if any.
(c) A registration of the airport's name and mailing address for the purposes of receipt of notice under section 4 of the city and village zoning act, 1921 PA 207, MCL 125.584, section 9 of the county zoning act, 1943 PA 183, MCL 125.209, or section 9 of the township zoning act, 1943 PA 184, MCL 125.279.
(3) The filing under subsection (2) shall be made with the zoning board, zoning commission, or other commission appointed to recommend zoning regulations or, if there is no body exercising the powers of such a commission, with the legislative body of the city, village, township, or county.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.151 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996 ;-- Am. 2000, Act 382, Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 35, Eff. May 15, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIII - Chapter VIII Approach Protection for Airports, Landing Fields and Other Aeronautical Facilities. (259.151...259.156) › Section 259.152 - Determination of Hazard; Notice to Owner.

259.152 Determination of hazard; notice to owner.
Sec. 152.
Determination of hazard, notice to owner. In the interests of safety to airmen, aircraft, and persons and property upon the lands and waters of this state, upon the commission's determination that any obstruction within the approach protection area is a hazard, the commission shall notify the owner, or the airport body designated by the owner, or by any such owners acting jointly, that such determination of hazard has been made, and issue an order for the abatement of the hazard.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.152