Section 259.108 – Short Title of Chapter.

259.108 Short title of chapter. Sec. 108. This chapter shall be known and may be cited as the “public airport authority act”. History: Add. 2002, Act 90, Imd. Eff. Mar. 26, 2002

Section 259.109 – Definitions.

259.109 Definitions. Sec. 109. As used in this chapter: (a) “Airport” means a publicly owned airport licensed by the state transportation department, bureau of aeronautics under section 86 and includes all airport facilities at the airport. An airport is “publicly owned” if the portion used for the landing and taking off of aircraft is owned, […]

Section 259.110 – Public Airport Authority; Political Subdivision and Instrument of Local Government; Public Agency; Airport Manager; Qualified Airport; Powers of Authority; Incorporation of Authority; Presumption of Validity; Court Jurisdiction; State Transportation Department as Party; Rules Prohibited.

259.110 Public airport authority; political subdivision and instrument of local government; public agency; airport manager; qualified airport; powers of authority; incorporation of authority; presumption of validity; court jurisdiction; state transportation department as party; rules prohibited. Sec. 110. (1) Except as otherwise provided in this chapter, an authority created under or pursuant to this section shall […]

Section 259.111 – Public Airport Authority; Board; Membership; Appointment; Terms; Qualifications; Violation of Subsection 5(b); Chief Executive Officer; Chief Financial Officer; Duties.

259.111 Public airport authority; board; membership; appointment; terms; qualifications; violation of subsection 5(b); chief executive officer; chief financial officer; duties. Sec. 111. (1) An authority created under or pursuant to this chapter shall be directed and governed by a board consisting of 7 members. (2) The members of a board created under section 110(2) shall […]

Section 259.112 – Full Term Appointments; Terms; Expiration Date; Resignation; Vacancy; Removal; Oath of Office.

259.112 Full term appointments; terms; expiration date; resignation; vacancy; removal; oath of office. Sec. 112. (1) Upon the expiration of the term of an initial appointment under section 111(2) or (3), all full term appointments shall be for a term of 6 years. The expiration date of the term of office of a member of […]

Section 259.113 – First Meeting of Board; Compliance With Open Meetings Act; Delegation of Power; Reimbursement of Expenses; Action by Resolution or Ordinance; Voting.

259.113 First meeting of board; compliance with open meetings act; delegation of power; reimbursement of expenses; action by resolution or ordinance; voting. Sec. 113. (1) Upon the appointment of at least 4 members of the board under section 111(2), the board may hold its first meeting. If less than 4 members of the board have […]

Section 259.114 – Meetings; Frequency; Special Meeting; System of Accounts; Reports; Bond; Audit Committee; Appointment; Meetings; Duty to Recommend 3 Independent Certified Public Accounting Firms; Selection; Contract Terms and Conditions; Appointment and Compensation of Chief Executive Officer; Duties and Responsibilities; Power and Authority; Contracting Policies and Procedures; Conflicts of Interest; Ethics Manual; Airport Noise and Fumes Mitigation.

259.114 Meetings; frequency; special meeting; system of accounts; reports; bond; audit committee; appointment; meetings; duty to recommend 3 independent certified public accounting firms; selection; contract terms and conditions; appointment and compensation of chief executive officer; duties and responsibilities; power and authority; contracting policies and procedures; conflicts of interest; ethics manual; airport noise and fumes mitigation. […]

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 […]

Section 259.116 – Authority as Public Body Corporate; Powers; Personal Liability; Transfer of Operational Jurisdiction; Indemnification for Local Government With Civil Claim; Imposition of Fees or Charges; Airport Revenues, Facilities, or Assets as Security; Prohibited Actions; Completion of Airport or Facility Project; Preparation, Submission, and Administration of Grants; Custodian of Funds.

259.116 Authority as public body corporate; powers; personal liability; transfer of operational jurisdiction; indemnification for local government with civil claim; imposition of fees or charges; airport revenues, facilities, or assets as security; prohibited actions; completion of airport or facility project; preparation, submission, and administration of grants; custodian of funds. Sec. 116. (1) An authority is […]

Section 259.117 – Actions, Commitments, and Proceedings Occurring on Approval Date; Exclusive Rights and Authority; Acquisitions or Transfers.

259.117 Actions, commitments, and proceedings occurring on approval date; exclusive rights and authority; acquisitions or transfers. Sec. 117. (1) All of the following occur on the approval date: (a) The authority acquires, succeeds to, and assumes the exclusive right, responsibility, and authority to occupy, operate, control, and use the airport and the airport facilities of […]

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 […]

Section 259.119 – Election by Employees to Transfer to Authority; Requirements.

259.119 Election by employees to transfer to authority; requirements. Sec. 119. (1) For employees who elect to transfer to the authority under subsection (2) and who are covered by the terms of a collective bargaining agreement with the local government that owns an airport over which operational jurisdiction will be transferred, the authority shall assume […]

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, […]

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 […]

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 […]

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

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

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 […]

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 […]

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 […]