Michigan Laws 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; transit
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Terms Used In Michigan Laws 259.145
- Airport: means a publicly owned airport licensed by the department under section 86 and includes all airport facilities at the airport. See Michigan Laws 259.138
- Airport facilities: means any of the following at an airport:
(i) Real or personal property, or an interest in real or personal property, used for the landing, taking off, taxiing, parking, or storing of aircraft, or for receiving or discharging passengers or cargo, an appurtenant area used for an airport building or other facility, and any appurtenant right-of-way. See Michigan Laws 259.138Approval date: means , for airports certificated under 14 C. See Michigan Laws 259.138 Contract: A legal written agreement that becomes binding when signed. Department: means the state transportation department, bureau of aeronautics. See Michigan Laws 259.3 FAA: means the Federal Aviation Administration of the United States Department of Transportation, or any successor agency. See Michigan Laws 259.138 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Local government: means a county, city, township, or village that creates the regional authority. See Michigan Laws 259.138 Regional authority: means a regional airport authority created under section 139 and governed by a board. See Michigan Laws 259.138 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(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.