Michigan Compiled Laws
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.

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

Structure Michigan Compiled Laws

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 259.108 - Short Title of Chapter.

Section 259.109 - Definitions.

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; Sta...

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

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

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

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; Appointmen...

Section 259.115 - Preparation of Annual Budget.

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 S...

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

Section 259.118 - Operational Jurisdiction Over Airport; Transfer to Authority; Effect.

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

Section 259.120 - Sources of Revenue.

Section 259.121 - Other Publicly Owned Airports; Transfer of Operational Jurisdiction.

Section 259.122 - Issuance of Bonds by Authority.

Section 259.123 - Borrowing Money and Issuing Municipal Securities.

Section 259.124 - Bonds or Other Evidence of Indebtedness; Tax Exemption.

Section 259.125 - Legislative Body of Local Government; Actions.

Section 259.125a - Interest Rate Exchange or Agreement.

Section 259.125b - Contract Between Authority and Bond Holder; Provisions.

Section 259.125c - Severability.