Michigan Compiled Laws
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 259.145 - Transfer of Operational Jurisdiction Over Airport to Regional Authority; Contracts Not Impaired; Relief of Local Government From Certain Costs and Responsibilities; Duties of Local Government; Transitional Services; Payment of Costs...

Sec. 145.
(1) The transfer of the operational jurisdiction over an airport to a regional authority may not in any way impair any contract with an airline, vendor, tenant, bondholder, or other party in privity with the local government.
(2) On the transfer of operational jurisdiction over an airport under section 144, the local government is relieved from all further costs and responsibility arising from or associated with control, operation, development, and maintenance of the airport, except as otherwise required under obligations retained by the local government under this chapter or as otherwise agreed by the local government.
(3) The local government shall comply with all of the following:
(a) Refrain from any action that would impair the regional authority's exercise of the powers granted to the regional authority under this chapter or that could cause the regional authority to violate its rate or bond covenants.
(b) Refrain from any action to sell, transfer, or otherwise encumber or dispose of airport facilities owned by the local government without the consent of the regional authority and, if necessary, the FAA and the department.
(c) Take all action reasonably necessary to cure any defects in title to airport facilities transferred to the regional authority.
(d) On incorporation of a regional authority and before the approval date, conduct operations of the airport in the ordinary and usual course of business.
(e) Maintain and repair, including provide snow removal for, any road that provides 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 a regional authority, the local government may provide the regional authority with transitional services previously performed by the local government and related to the operation of the airport until the date the regional authority elects to assume the services. The regional authority shall pay the cost of the services in compliance with its obligations under applicable federal law, regulations, and assurances associated with accepting grants from the FAA or another agency of the United States or this state, including, but not limited to, policies of the FAA that prohibit revenue diversion or the payment of fees that exceed the value of services provided by a governmental agency.
History: Add. 2015, Act 95, Imd. Eff. June 30, 2015

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-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.

Section 259.138 - Definitions.

Section 259.139 - Authority as Public Body Corporate; Intent to Incorporate Regional Authority; Resolution; Presumption of Validity; Rules Prohibited.

Section 259.140 - Board; Membership; Terms; Qualifications; Appointment; Expiration; Resignation; Vacancy; Removal; First Meeting; Election of Officers; Withdrawal of Power From Chief Executive Officer; Compensation; Expenses; Action of Board by Reso...

Section 259.141 - Meetings; Audit Committee.

Section 259.142 - Chief Executive Officer; Chief Financial Officer; Appointment; Qualifications; Duties and Responsibilities; Regional Authority; Procurement Policies and Procedures; Purchasing Contracts and Agreements; Members of Board or Officer, A...

Section 259.143 - Regional Authority; Powers; Limitations; Actions by Local Government.

Section 259.144 - Approval Date; Powers and Duties of Regional Authority and Local Government; Assumption of Actions, Commitments, and Proceedings by Regional Authority; Right and Authority to Occupy, Operate, Control, and Use Airport Facilities; Acq...

Section 259.145 - Transfer of Operational Jurisdiction Over Airport to Regional Authority; Contracts Not Impaired; Relief of Local Government From Certain Costs and Responsibilities; Duties of Local Government; Transitional Services; Payment of Costs...

Section 259.146 - Employees; Transfer to Regional Authority; Dates; Terms of Employment; Collective Bargaining Agreement; Regional Authority as Employer; Retirement System or Pension Plan; Transfer of Amounts Under Subsection (3); Assumption of Retir...

Section 259.147 - Transfer of Operational Jurisdiction of Other Publicly Owned Airports to Regional Authority.

Section 259.148 - Issuance of Bonds, Notes, or Other Evidences of Indebtedness by Regional Authority.

Section 259.149 - Purposes of Regional Authority; Effectuation; Payment of Taxes or Assessments Not Required.