CHAPTER 300 - DELAWARE AERONAUTICS COMMISSION ACQUISITION OF AIRPORTS BY MUNICIPALITIES

AN ACT TO AMEND CHAPTER 167 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO AERONAUTICS BY PROVIDING FOR THE ACQUISITION, ESTABLISHMENT, CONSTRUCTION, ENLARGEMENT, IMPROVEMENT, MAINTENANCE, EQUIPMENT, OPERATION AND REGULATION OF AIRPORTS, OTHER AIR NAVIGATION FACILITIES, AND AIRPORT PROTECTION PRIVILEGES BY MUNICIPALITIES AND PROVIDING THE RIGHT OF CONDEMNATION FOR SUCH PURPOSES; DEFINING TERMS; DECLARING THE OWNERSHIP AND OPERATION OF AIRPORTS, OTHER AIR NAVIGATION FACILITIES AND AIRPORT PROTECTION PRIVILEGES TO BE FOR PUBLIC, GOVERNMENTAL AND MUNICIPAL PURPOSES; PROVIDING FOR THE ISSUANCE OF BONDS AND FOR LEVYING OF TAXES FOR AIRPORT PURPOSES; GRANTING SPECIFIC POWERS; PERMITTING THE ACCEPTANCE OF FEDERAL AID; AUTHORIZING JOINT ACTION BY MUNICIPALITIES AND BY MUNICIPALITIES AND THE STATE; PROVIDING FOR THE APPOINTMENT OF JOINT BOARDS OR COMMISSIONS AND GRANTING TO MUNICIPALITIES OR MUNICIPALITIES AND THE STATE, ACTING JOINTLY, THE POWERS GRANTED A SINGLE MUNICIPALITY, AND PROVIDING FOR ASSISTANCE TO OTHER MUNICIPALITIES.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. Definitions.

Subdivision 1. For the purpose of this act, unless herein specifically otherwise provided, the definitions of words, terms and phrases appearing in the State Aeronautic Department Act of this state are hereby adopted. The following words, terms and phrases shall in this act have the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires:

Subdivision 2. "Municipality" means any county, hundred, city, village, or town of this state.

Subdivision 3. "Airport purposes" means and includes airport, restricted landing area and other air navigation facility purposes.


Sec. 2. Municipalities May Acquire Airports.

Subdivision 1. Every municipality is hereby authorized, thrOugh its governing body, to acquire property, real or personal, for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities and to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airports and other air navigation facilities and structures and other property incidental to their operation, either within or without the territorial limits of such municipality and within or without this state; to make, prior to any such acquisition, investigations, surveys, and plans; to construct, install, and maintain airport facilities for the servicing of aircraft and for the comfort and accommodation of air travelers; and to purchase and sell equipment and supplies as an incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air navigation facility owned or controlled by any other municipality of the state without the consent of such municipality. It may use for airport purposes any available property that is now or may at any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.

Subdivision 2. Property needed by a municipality for an airport or restricted landing area, or for the enlargement of either, or for other airport purposes, may be acquired by purchase, gift, devise, lease or other means if such municipality is able to agree with the owners of said property on the terms of such acquisition, and otherwise by condemnation in the manner provided hereinafter, full power to exercise the right of eminent domain for such purposes being hereby granted every municipality both within and without its territorial limits. Whenever the municipality cannot agree with the owner or owners of any land, building, franchise, easement, or other property necessary to be taken for the purpose thereof, the said municipality may apply to the Superior Court sitting in the County within which said property is located or any Judge of said Court for the appointment of five (5) freeholders of said County, who shall go upon the said lands and assess the damage of such owner or owners fairly and impartially, and the said freeholders shall certify their findings and award to all known parties in interest and make a report of their findings to be filed in the said Superior Court or with the said Judge, as the case may be, appointing them. The said municipality, before making the said application, shall give to the owner or owners of the property involved, at least ten (10) days' notice in writing of the intent of application, if such owner is within the State, and if such owner is unknown or without the State, or if under legal disability and having no legal representative in the State, then such notice shall be published in some newspaper in the County in which said land is located at least ten days prior to the intended application and such publication shall be deemed to be sufficient notice. The said freeholders appointed as aforesaid shall be sworn or affirmed before some officer authorized to administer oaths or affirmations before entering upon the premises faithfully and impartially to perform the duties assigned them. They shall give five (5) days' notice in writing to the owner or owners of the premises or property so proposed to be condemned. or to their guardian or guardians duly appointed if within the State, and to the said municipality of the time of their meeting to view the premises or ascertain the easement or franchise: if the owner or owners be unknown, or are without the State, or if under legal disability, and having no legal representative in the State, publication of such last mentioned notice shall be made in some newspaper in the County in which said land is located at least ten days prior to the said meeting and such publication shall be sufficient notice thereof. The said freeholders or commissioners shall keep a record of their proceedings with their findings and awards and return the same to the Superior Court or Judge, as the case may be, and shall certify their findings and awards to the owner or owners of the property and to the municipality; if the municipality or any known party in interest is dissatisfied with such findings or awards, it or he may, on application to the said Court or Judge, within fifteen (15) days after such findings and awards have been made and filed, require the appointment of a Commission of Review, which shall consist of five (5) freeholders appointed in like manner and with like instructions as were contained in the first Commission, provided that if a review be granted upon the application of a person or persons in interest the review shall extend only to the assessment of damages made in respect to the person or persons making such application. If the return of the Commission of Review varies in the damages assessed from the return of the original Commission, the said Court or Judge shall, upon application of the municipality or any party in interest, appoint a second Commission of Review within ten days after the filing of such return. If a review be not applied for in due time, the return of the original Commission shall be conclusive as to the amount of damages; if the return of any two Commissions corresponds as to the amount of damages, such amount shall be conclusive, but if there be more than one return and none conclusive under the foregoing provisions the said Superior Court or said Judge shall confirm such one of them as it or he shall deem most just and the return so confirmed shall be conclusive. The said Superior Court or said Judge may set aside a return for gross inequality or inequity, in which case it or he shall issue another Commission in its place, and the said Court or Judge shall have power to fill any vacancies in a Commission.

The right of eminent domain herein granted shall extend to and include the right to acquire the fee simple title to land, or an easement, or a right of way in, to, over or above such land or property as the municipality may deem necessary in making adequate and practical provisions for the removal of obstructions of any nature whatsoever in approaches to the said airport or landing field.

Upon the institution of condemnation proceedings by petition and notice aforesaid, the said municipality may, in its discretion, state in said petition that the possession, right to enter, or occupancy of said land or interest therein is necessary to the project without delay, and the title to said land in fee simple absolute, or such less estate or interest therein, as may be specified, shall immediately pass and vest to the said municipality, and said lands or interest therein shall be deemed to be condemned and taken for the use of said municipality, and the right to just compensation therefor shall vest in and to the person or persons entitled thereto. In the determination of the compensation to be paid in any condemnation proceeding under this subsection, there shall be paid either the value of the property and facilities taken or the cost of any changes in or relocation of such property and facilities, whichever is higher. In the event of an immediate taking as herein specified, the said Court or Judge shall have power to fix the time within which and the terms upon which the parties in possession- shall be required to surrender possession to the petitioner,-and to make such orders in respect to encumbrances, leases, taxes, rights, assessments, insurance, or other charges, if any, as shall be just and equitable. The right to take possession and title in advance of final order or judgment in condemnation proceedings as provided herein shall be in addition to any right, power or authority conferred by the Laws of the-State of Delaware under which such proceedings may be conducted, and shall not be construed as limiting or modifying any such right, power or authority.

The fact that the property needed has been acquired by the owner under power of eminent domain, shall not prevent its acquisition by the municipality by the exercise of the right of eminent domain herein conferred. For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage. No municipality shall be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken.

Subdivision 3. Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports or restricted landing areas acquired or operated under the provisions of this act, every municipality 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 spaces over land or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of said airports or restricted landing areas and the safe and efficient operation thereof. It is also hereby 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 nightime marking of airport hazards, including the right of ingress and egress to or from such airport hazards, for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit any right, power or authority to zone property adjacent to airports and restricted landing areas under the provisions of any law of this State.

Subdivision 4. 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 Section. Any such encroachment is declared to be a public nuisance and may be abated in the manner prescribed by law for the abatement of public nuisances, or the municipality in charge of the airport or restricted landing area for which airport protection privileges have been acquired as in this Section provided may go upon the land of others and remove any such encroachment without being liable for damages in so doing.

Sec. 3. Airports a Public Purpose.

Subdivision 1. The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports and other air navigation facilities, and the exercise of any other powers herein granted to municipalities, are hereby declared to be public, governmental and municipal functions, exercised for a public purpose, and matters of public necessity, and such lands and other property, easements and privileges acquired and used by such municipalities in the manner and for the purposes enumerated in this Act shall and are hereby declared to be acquired and used for public, governmental and municipal purposes and as a matter of public necessity.

Sec. 4. Prior Acquisition of Airport Property Validated.

Any acquisition of property within or without the limits of any municipality for airports and other air navigation facilities, or of airport protection privileges, heretofore made by any such municipality in any manner, together with the conveyance and acceptance thereof, is hereby legalized and made valid and effective.

Sec. 5. Airport Property and Income Exempt from Taxation.

Any property acquired by a municipality pursuant to the provisions of this Act shall be exempt from taxation to the same extent as other property used for public purposes. All income received in connection with the operation by a municipality of any airport or other air navigation facility shall also be exempt from taxation.

Section 6. Purchase Price and Costs of Improvement May be Paid from Appropriations or Bond Issues.

Subdivision 1. The cost of investigating, surveying, planning, acquiring, establishing, constructing, enlarging or improving or equipping airports and other air navigation facilities, and the sites therefor, including structures and other property incidental to their operation; in accordance with the provisions of this Act may be paid for by appropriation of monies available therefor, or wholly or partly from the proceeds of bonds of the municipality, as the governing body of the municipality shall determine. The word "cost" includes awards in condemnation proceedings and rentals where an acquisition is by lease.

Subdivision 2. Any bonds to be issued by any municipality pursuant to the provisions of this Act shall be authorized and issued in the manner and within the limitation, except as herein otherwise provided, prescribed by the laws of this State or the charter of the municipality for the issuance and authorization of bonds thereof for public purposes generally.

Subdivision 3. Irrespective of any limitation, by general or special law or charter, as to the amount of bonds which may be issued, a municipality may issue bonds for the purposes defined by this Act in excess of such limitation, in such amount as may be authorized by an ordinance or resolution referred to and approved by the voters of such municipality by popular vote, at any general election or special election called for that purpose.

Subdivision 4. The amount of all bonds heretofore or hereafter issued by any municipality for the purposes defined in this Act shall not be counted or included in the net indebtedness of the municipality or in any computation of the outstanding indebtedness of the municipality for the purpose of determining the limit of net indebtedness thereof.

Subdivision 5. In all cases where a municipality has heretofore issued any bonds for the purpose of investigating, surveying, planning, acquiring, establishing, constructing, enlarging, equipping, or improving any airport, or other air navigation facility, or site therefor, or to meet the cost of structures or other property incidental to their operation, whether such airport or other air navigation facility was termed under the law existing at the time of the issuance of such bonds an airport, a landing field, a landing strip, an aviation field, or a flying field, or has incurred any other indebtedness, or entered into any lease or other contract jn connection with the acquisition, establishment, construction, ownership, enlargement, control, leasing, equipment, improvement, maintenance, operation, or regulation of any such airport or other air navigation facility, or site therefor, or structure or other property incidental to its operation, the proceedings heretofore taken in all such cases are hereby in all respects validated and confirmed; any bonds already issued thereunder are validated and made legal obligations of such municipality and such municipality is hereby authorized and empowered, pursuant to such proceedings, to issue further bonds for such purposes up to the limit fixed in the original authorization thereof, without limitation of the general power herein granted to all municipalities in this State, which bonds when issued shall be legal obligations of such municipality according to their terms.

Sec. 7. Appropriation and Expenditure of Monies.

Subdivision 1. The governing bodies having power to appropriate monies within the municipalities in this State acquiring, establishing, constructing, enlarging, improving, maintaining, 'equipping or operating airports and other air navigation facilities under the provisions of this Act, are hereby authorized to appropriate and cause to be raised by taxation or otherwise in such municipalities, monies sufficient to carry out therein the provisions of this Act.

Subdivision 2. Irrespective of any limitation, by general or special law or charter, as to the amount or total of taxes that may be levied, a municipality may levy taxes for the purposes authorized by this Act, in excess of such limitations, in such amount as may be authorized by an ordinance or resolution referred to and approved by the voters of such municipality by popular vote.

Subdivision 3. The revenues obtained from the ownership, control and operation of any such airport or other air navigation facility shall be used, first, to finance the maintenance and operating expenses thereof, and, second, to make payments of interest on and current principal requirements of any outstanding bonds or certificates issued for the acquisition or improvement thereof, and to make payment of interest on any mortgage heretofore made. Revenues in excess of the foregoing requirements may be applied to finance the extension or improvement of the airport or other air navigation facilities.

Sec. 8. Specific Powers of Municipalities Operating Airports.

Subdivision 1. In addition to the general powers in this Act conferred, and without limitation thereof, a municipality which has established or may hereafter establish airports, restricted landing areas or other air navigation facilities, or which has acquired or set apart or may hereafter acquire or set apart real property for such purpose or purposes is hereby authorized.

Subdivision 2. To vest authority for the construction, enlargement, improvement, maintenance, equipment, operation and regulation thereof in an officer, a board or body of such municipality by ordinance or resolution which shall prescribe the powers and duties of such officer, board or body. The expense of such construction, enlargement, improvement, maintenance, equipment, operation and regulation shall be a responsibility of the municipality.

Subdivision 3. To adopt and amend all needful rules, regulations and ordinances for the management, government and use of any properties under its control, whether within or without the territorial limits of the municipality; to appoint airport guards or police, with full police powers; to fix by ordinance or resolution, as may be appropriate, penalties for the violation of said rules, regulations and ordinances, and enforce said penalties in the same manner in which penalties prescribed by other rules, regulations and ordinances of the municipality are enforced.

For the purposes of such management and government and direction of public use, such part of all highways, roads, streets, avenues, boulevards, and territory as adjoins, or lies within 100 feet of the limits of any airport or restricted landing area acquired or maintained under the provisions of this Act shall be under like control and management of the municipality. It may also adopt and enact rules, regulations and ordinances designed to safeguard the public upon or beyond the limits of private airports or landing strips within such municipality or its police jurisdiction against the perils and hazards of instrumentalities used in aerial navigation. Rules, regulations and ordinances shall be published as provided by general law or the charter of the municipality for the publication of similar rules, regulations, and ordinances. They must conform to and be consistent with the laws of this State and the rules and regulations of the aeronautics commission of the State and shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder and rules and standards issued from time to time pursuant thereto.

Subdivision 4. To lease for a term not exceeding ten years such airports or other air navigation facilities, or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government, or any department of either thereof, for operation; to lease or assign for a term not exceeding ten years to private parties, any municipal or state government or the national government, or any department of either thereof, for operation or use consistent with the purposes of this Act, space, area, improvements, or equipment on such airports; to sell any part of such airports, other air navigation facilities or real property to any municipal or state government, or to the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto, and to confer the privileges of concessions of supplying upon its airports goods, commodities, things, services and facilities; provided that in each case in so doing the public is not deprived of its rightful, equal, and uniform use thereof.

Subdivision 5. (1) To sell or lease any property, real or personal, acquired for airport purposes and belonging to the municipality, which, in the judgment of its governing body, may not be required for aeronautic purposes, in accordance with the laws of this State, or the provisions of the charter of the municipality, governing the sale or leasing of similar municipally owned property.

(2) The proceeds of sale of any property the purchase price of which was obtained by the sale of bonds shall be deposited in the sinking fund from which funds have been authorized to be taken to finance such bonds. In the event all the proceeds of such sale are not needed to pay the principal of said bonds remaining unpaid, the remainder shall be paid into the airport fund of the municipality. The proceeds of sales of property the purchase price of which was paid from appropriations shall be paid into the airport fund of the municipality.

Subdivision 6. To determine the charges or rental for the use of any properties under its control and the charges for any services or accommodations, and the terms and conditions under which such properties may be used; provided that in all cases the public is not deprived of its rightful, equal, and uniform use of such property. Charges shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expense of operation to the municipality. The municipality shall have and may enforce liens, as provided by law for liens and enforcement thereof, for repairs to or improvement or storage or care of any personal property, to enforce the payment of any such charges.

Subdivision 7. To exercise all powers necessarily incidental to the exercise of the general and special powers herein granted.

Sec. 9. Federal Aid.

Subdivision 1. A municipality is authorized to accept, receive, and receipt for federal monies, and other monies, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports and other air navigation facilities, and sites therefor, and to comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal monies upon such airports and other air navigation facilities.

Subdivision 2. The governing body of any municipality is authorized to designate the aeronautics commission of the State as its agent to accept, receive, and receipt for federal monies in its behalf for airport purposes and to contract for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of such airports, or other air navigation facilities, and may enter into an agreement with such aeronautics commission prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and applicable laws of this State. Such monies as are paid over by the United States Government shall be paid over to said municipality under such terms and conditions as may be imposed by the United States Government in making such grant.

Subdivision 3. All contracts for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports or other air navigation facilities, made by the municipality itself or through the agency of the aeronautics commission of the State, shall be made pursuant to the laws of this State governing the making of like contracts; provided, however, that where such acquisition, construction, improvement, enlargement, maintenance, equipment or operation is financed wholly or partly with federal monies the municipality, or the aeronautics commission as its agent, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.

Subdivision 1. The powers herein granted to a municipality to establish and maintain airports shall include the power to establish and maintain such airports in, over and upon any public waters of this State within the limits or jurisdiction of or bordering on the municipality, any submerged land under such public waters, and any artificial or reclaimed land which before the artificial making or reclamation thereof constituted a portion of the submerged land under such public waters, and as well the power to construct and maintain terminal buildings, landing floats, causeways, roadways and bridges for approaches to or connecting with the airport, and landing floats and breakwaters for the protection of any such airport.

Subdivision 2. All the other powers herein granted municipalities with reference to airports on land are granted to them with reference to such airports in, over and upon public waters, submerged land under public waters, and artificial or reclaimed land.

Sec. 11. Joint Operations.

Subdivision 1. All powers, rights and authority granted to any municipality in this Act may be exercised and enjoyed by two or more municipalities, or by this State and one or more municipalities therein, acting jointly, either within or without the territorial limits of either or any of said municipalities and within or without this State, or by this State or any municipality therein acting jointly with any other state or municipality therein, either within or without this State, provided the laws of such other state permit such joint action.

Subdivision 2. For the purposes of this Section only, unless another intention clearly appears or the context otherwise requires, this State shall be included in the term "municipality", and all the powers conferred upon municipalities in this Act, if not otherwise conferred by law, are hereby conferred upon this State when acting jointly with any municipality or municipalities. Where reference is made to the "governing body" of a municipality, that term shall mean, as to the State, its aeronautics commission.

Subdivision 3. Any two or more municipalities may enter into agreements with each other, duly authorized by ordinance or resolution, as may be appropriate, for joint action pursuant to the provisions of this Section. Concurrent action by the governing bodies of the municipalities involved shall constitute joint action.

Subdivision 4. Each such agreement shall specify its term; the proportionate interest which each municipality shall have in the property, facilities and privileges involved, and the proportion of preliminary costs, costs of acquisition, establishment, construction, enlargement, improvement and equipment, and of expenses of maintenance, operation and regulation to be borne by each, and make such other provisions as may be necessary to carry out the provisions of this Section. It shall provide for amendments thereof and for conditions and methods of termination; for the disposition of all or any part of the property, facilities and privileges jointly owned if said property, facilities and privileges, or any part thereof, shall cease to be used for the purposes herein provided or if the agreement shall be terminated, and for the distribution of the proceeds received upon any such disposition, and of any funds or other property jointly owned and undisposed of, and the assumption or payment of any indebtedness arising from the joint venture which remains unpaid, upon any such disposition or upon a termination of the agreement.

Subdivision 5. Municipalities acting jointly as herein authorized shall create a board from the inhabitants of such municipalities for the purpose of acquiring property for, establishing, constructing, enlarging, improving, maintaining, equipping, operating and regulating the airports and other air navigation 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 municipality 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.

Subdivision 6. Each such board shall organize, select officers for terms to be fixed by the agreement, and adopt and from time to time amend rules of procedure.

Subdivision 7. Such board may exercise, on behalf of the municipalities acting jointly by which it is appointed, all the powers of each of such municipalities granted by this Act, except as herein provided. Real property, airports, restricted landing areas, air protection privileges, or personal property costing in excess of a sum to be fixed by the joint agreement, may be acquired, and condemnation proceedings may be instituted, only by authority of the governing bodies of each of the municipalities involved. The total amount of expenditures to be made by the board for any purpose in any calendar year shall be determined by the municipalities involved by the approval by each on or before the preceding December first, of a budget for the ensuing calendar year. Rules and regulations provided for by Subdivision 3 of Section 8 of this Act shall become effective only upon approval of each of the appointing governing bodies. No real property and no airport, other air navigation facility, or air protection privilege, owned jointly, shall be disposed of by the board, by sale, lease or otherwise, except by authority of all the appointing governing bodies, but the board may lease space, area or improvements and grant concessions on airports for aeronautical purposes or purposes incidental thereto, subject to the provisions of Subdivision 4 of Section 8 of this Act.

Subdivision 8. Each municipality, acting jointly with another, pursuant to the provisions of this Section, is authorized and empowered to enact, concurrently with the other municipalities involved, such ordinances as are provided for by Subdivision 3 of Section 8 of this Act, and to fix by such ordinances penalties for the violation thereof, which ordinances, when so concurrently adopted, shall have the same force and effect within the municipalities and on any property jointly controlled by them or adjacent thereto, whether within or without the territorial limits of either or any of them, as ordinances of each municipality involved, and may be enforced in any one of said municipalities in like manner as are its individual ordinances. The consent of the state aeronautics commission to any such ordinance, where the State is a party to the joint venture, shall be equivalent to the enactment of the ordinance by a municipality. The publication provided for in Subdivision 3 of Section 8 aforesaid, shall be made in each municipality involved in the manner provided by law or charter for publication of its individual ordinances.

Subdivision 9. Condemnation proceedings shall be instituted, in the names of the municipalities jointly, and the property acquired shall be held by the municipalities as tenants in common. The provisions of Subdivision 2 of Section 2 shall apply to such proceedings.

Subdivision 10. For the purpose of providing funds for necessary expenditures in carrying out the provisions of this Section, a joint fund shall be created and maintained, into which each of the municipalities involved shall deposit its proportionate share as provided by the joint agreement, such funds to be provided for by bond issues, tax levies and appropriations made by each municipality in the same manner as though it were acting separately under the authority of this Act, and into which shall be paid the revenues obtained from the ownership, control and operation of the airports and other air navigation facilities jointly controlled, to be expended as provided in Subdivision 3 of Section 7 of this Act; 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.

Subdivision 11. All disbursements from such fund shall be made by order of the board in accordance with such rules and regulations and for such purposes as the appointing governing bodies, acting jointly, shall prescribe.

Subdivision 12. Specific performance of the provisions of any joint agreement entered into as provided for in this Section may be enforced as against any party thereto by the other party or parties thereto.

Sec. 12. Assistance to Other Municipalities.

Subdivision 1. Whenever the governing body of any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality in exercising the powers and authority granted by this Act, such first-mentioned municipality is expressly authorized and empowered to furnish such assistance by gift, or lease with or without rental, of real property, by the donation, lease with or without rental, or loan, of personal property, and by the appropriation of monies, which may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purposes if the municipality were exercising the powers heretofore granted in its own behalf.

Sec. 13. Counties--Authority Specifically Granted.

Subdivision 1. The purposes of this Act are specifically declared to be county purposes as well as generally public, governmental and municipal.

Subdivision 2. The powers herein granted to all municipalities are specifically declared to be granted to counties in this State, any other statute to the contrary notwithstanding.

Sec. 14. Jurisdiction Exclusive.

Subdivision 1. Every airport and other air navigation facility controlled and operated by any municipality, or jointly controlled and operated pursuant to the provisions of this Act, shall, subject to federal and state Jaws, rules and regulations, be under the exclusive jurisdiction and control of the municipality or municipalities controlling and operating it and no other municipality in which such airport or air navigation facility may be located shall have any police jurisdiction of the same or any authority to charge or exact any license fees or occupation taxes for the operations thereon. Such municipality or municipalities shall have concurrent jurisdiction over the adjacent territory described in Subdivision 3 of Section 8 of this Act.

Sec. 15. Separability.

Subdivision 1. If any provision of this Act or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of this Act which can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.

Sec. 16. Interpretation and Construction.

This Act shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this State and other states and of the government of the United States having to do with the subject of aeronautics.

Sec. 17. Short Title.

This Act may be cited as the "Revised Airports Act."

Sec. 18. Repeal.

All acts and parts of acts in conflict with this Act are hereby repealed.

Approved April 24, 1945.