Nrs: Chapter 496 - Municipal Airports

Link to law: https://www.leg.state.nv.us/NRS/NRS-496.html
Published: 2015

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[Rev. 11/21/2013 12:14:17

PM--2013]



CHAPTER 496 - MUNICIPAL AIRPORTS

GENERAL PROVISIONS

NRS 496.010           Short

title.

NRS 496.020           Definitions.

POWERS OF MUNICIPALITIES; FACILITIES AND PROPERTY

NRS 496.030           Power

of municipality to construct and operate airports; acquisition of property.

NRS 496.035           Exemption

from and compliance with chapter 625 of NRS.

NRS 496.040           Power

to acquire existing airports; limitation.

NRS 496.050           Location

of airport; construction of buildings, roadways and bridges authorized.

NRS 496.055           Purchase

of property not intended to be used for specific purpose related to operation

of airport at time of purchase.

NRS 496.060           Coordination

of air navigation facilities established by municipality with state and federal

facilities.

NRS 496.070           Eminent

domain: Procedure; damages and costs of removal or relocation.

NRS 496.080           Sale,

lease or other disposal of municipal airports and related facilities and

property.

NRS 496.090           Agreements

for commercial or residential use of airport or facility; contracts for sale of

securities.

NRS 496.100           Agent

may operate airport; limitations.

NRS 496.110           Liens

for repairs, improvements or storage; enforcement.

MUNICIPAL AUTHORITY; ORDINANCES AND REGULATIONS

NRS 496.120           Municipal

authority may be vested in municipal officer, board or agency by resolution;

powers and duties.

NRS 496.130           Municipality

may adopt reasonable ordinances and regulations for airport management and

operation; enforcement of ordinances or regulations; airports outside municipal

limits subject to state and federal law.

CONTRACTS, DEBT, FINANCES AND INVESTMENTS

NRS 496.140           Municipal

power to tax and appropriate money for purposes of chapter.

NRS 496.150           Issuance

of general obligation and revenue bonds to pay costs of acquisition and

development.

NRS 496.155           Issuance

of municipal securities pursuant to Local Government Securities Law; entry into

contracts of purchase, medium-term obligations and installment-purchase

agreements.

NRS 496.160           Validation

of prior municipal bonds and action.

NRS 496.170           Airport

fund.

NRS 496.180           Municipality

authorized to accept and expend federal and state money; terms and conditions

of grants or loans.

NRS 496.200           Municipal

power to contract for purposes of chapter.

JOINT EXERCISE OF AUTHORITY

NRS 496.210           Joint

exercise of powers by public agencies and municipalities.

NRS 496.220           Agreements

of public agencies for joint action: Mandatory and permissive provisions.

NRS 496.230           Joint

board of public agencies: Members, number and term; powers; expenditures;

eminent domain.

NRS 496.240           Joint

fund.

MISCELLANEOUS PROVISIONS

NRS 496.250           Actions

declared to be public and governmental functions; immunity.

NRS 496.260           Property

and income exempt from taxation.

NRS 496.270           Incidental

powers.

NRS 496.280           Provisions

of chapter do not limit municipal power to regulate airport hazards.

NRS 496.290           Uniformity

of interpretation and construction of chapter.

_________

_________

 

GENERAL PROVISIONS

      NRS 496.010  Short title.  This

chapter may be cited as the Municipal Airports Act.

      [30:215:1947; 1943 NCL § 293.49]

      NRS 496.020  Definitions.  As

used in this chapter, unless the context otherwise requires:

      1.  “Air navigation facility” means any

facility, other than one owned and operated by the United States, used in,

available for use in, or designed for use in, aid of air navigation, including

any structures, mechanisms, lights, beacons, markers, communicating systems, or

other instrumentalities, or devices used or useful as an aid, or constituting

an advantage or convenience, to the safe taking off, navigation, and landing of

aircraft, or the safe and efficient operation or maintenance of an airport, and

any combination of any or all of such facilities.

      2.  “Airport” means any area of land or

water which is used for the landing and takeoff of aircraft, and any

appurtenant areas which are used for airport buildings or other airport

facilities or rights-of-way, together with all airport buildings and facilities

located thereon.

      3.  “Airport hazard” means any structure,

object of natural growth, or use of land which obstructs the airspace required

for the flight of aircraft in landing or taking off at an airport or is

otherwise hazardous to such landing or taking off of aircraft.

      4.  “Municipal” means pertaining to a

municipality as defined in this section.

      5.  “Municipality” means any county, city

or town of this state.

      6.  “Person” includes a government, a

governmental agency and a political subdivision of a government.

      7.  “Public utility” means a person who

operates any airline, broadcasting, electric, gas, pipeline, radio, railroad,

rural electric, sanitary sewer, slurry, telephone or water business in this

state and who conducts such a business for a public use.

      [1:215:1947; 1943 NCL § 293.20]—(NRS A 1977, 276; 1985, 521, 2053; 2013, 1960)

POWERS OF MUNICIPALITIES; FACILITIES AND PROPERTY

      NRS 496.030  Power of municipality to construct and operate airports;

acquisition of property.

      1.  Every municipality may, out of any

appropriations or other money made available for such purposes:

      (a) Plan, establish, develop, construct, enlarge,

improve, maintain, equip, operate, regulate, protect and police airports and

air navigation facilities, either within or without the territorial limits of

the municipality and within or without the territorial boundaries of this

state.

      (b) Contract or otherwise provide, by

condemnation if necessary, for the removal of any airport hazard or the removal

or the relocation of all private structures, railways, mains, pipes, conduits,

wires, cables, poles and all other facilities and equipment which may interfere

with the location, expansion, development or improvement of the airports,

restricted landing areas and other air navigation facilities, or with the safe

approach thereto or takeoff therefrom by aircraft.

      (c) Pay the cost of removal or relocation.

      (d) Pay the cost of construction, installation,

equipment, maintenance and operation at such airports of buildings and other

facilities for the servicing of aircraft, for any other use related to the

operation of an aviation or air transportation business, or for the comfort and

accommodation of air travelers, and the purchase and sale of supplies, goods

and commodities as are incident to the operation of its airport properties,

including, without limitation, runways, taxiways, loading and unloading ramp

and apron facilities, terminal and parking facilities, warehouses and other

cargo facilities, hangars, shops, offices, and other buildings and facilities

used in connection with the operation of airports.

      2.  For such purposes, the municipality may

use any available property that it owns or controls and may, by purchase, gift,

devise, lease, eminent domain proceedings or otherwise, acquire property, real

or personal, or any interest therein, including easements in airport hazards or

land outside the boundaries of an airport or airport site, as are necessary to

permit the safe and efficient operation of the airport or to permit the

removal, elimination, obstruction, marking and lighting of airport hazards, or

to prevent the establishment of airport hazards, including any property which

is located in an area that is significantly affected by noise created by an

airport as determined by a study of the airport environs conducted in

accordance with guidelines for land use compatibility established by the

Federal Aviation Administration.

      [2:215:1947; 1943 NCL § 293.21]—(NRS A 1967, 715; 1995, 923)

      NRS 496.035  Exemption from and compliance with chapter 625

of NRS.

      1.  An employee of a municipality who is

not licensed as a professional land surveyor pursuant to chapter 625 of NRS may collect information to be

used exclusively by the municipality for preliminary planning for development

of new airports or air navigation facilities or improvements to existing

airports or air navigation facilities within the municipality.

      2.  If, based on the information collected

pursuant to this section, the municipality elects to initiate or proceed with

such a project, the municipality shall comply with the provisions of chapter 625 of NRS governing the:

      (a) Preparation of the maps, plans,

specifications, reports and estimates required for the project; and

      (b) Execution or supervision of all other

practices of land surveying associated with the project.

      (Added to NRS by 1995, 846; A 1997, 1068)

      NRS 496.040  Power to acquire existing airports; limitation.  The municipality may, by purchase, gift,

devise, lease, eminent domain proceedings or otherwise, acquire existing

airports and air navigation facilities; but it shall not acquire or take over

any airport or air navigation facility owned or controlled by another

municipality or public agency of this or any other state without the consent of

such municipality or public agency.

      [3:215:1947; 1943 NCL § 293.22]

      NRS 496.050  Location of airport; construction of buildings, roadways and

bridges authorized.  For the

purposes of this chapter, a municipality may:

      1.  Establish or acquire and maintain,

within or bordering upon the territorial limits of the municipality, airports

in, over and upon any public waters of this state, any submerged lands under

such public waters, and any artificial or reclaimed lands which, before the

artificial making or reclamation thereof, constituted a portion of the

submerged lands under such public waters.

      2.  Construct and maintain terminal

buildings, landing floats, causeways, roadways and bridges for approaches to or

connecting with any such airport, and landing floats and breakwaters for the

protection thereof.

      [4:215:1947; 1943 NCL § 293.23]

      NRS 496.055  Purchase of property not intended to be used for specific

purpose related to operation of airport at time of purchase.  The governing body of a municipality may

purchase from any willing seller property for the operation of an airport that

is not intended to be used for a specific purpose related to the operation of

the airport at the time of the purchase, if the governing body, by resolution,

determines that:

      1.  The property is located in an area

which may affect or may be affected by the future development or use of the

airport; and

      2.  The purchase of the property:

      (a) Will enhance the general safety or

efficiency, or both, of the operation of the airport and its access roadways;

      (b) Is required for the assemblage or

consolidation of parcels of land within a subdivision that may be necessary for

the future development or use of the airport;

      (c) Will cost less than any future acquisition of

the property; or

      (d) Will promote development in the area

surrounding the airport and its access roadways which is compatible with the

current and future operation of the airport.

      (Added to NRS by 1995, 923)

      NRS 496.060  Coordination of air navigation facilities established by

municipality with state and federal facilities.  All

air navigation facilities established or operated by municipalities shall be

supplementary to and coordinated in design and operation with those established

and operated by the federal and state governments.

      [5:215:1947; 1943 NCL § 293.24]

      NRS 496.070  Eminent domain: Procedure; damages and costs of removal or

relocation.

      1.  In the acquisition of property by

eminent domain proceedings authorized by this chapter, the municipality shall

proceed in the manner provided by chapter 37

of NRS; but the municipality exercising such power shall, in addition to the

damage for the taking, injury or destruction of property, also pay the cost of

the removal or relocation of any structure, railways, mains, pipes, conduits,

wires, cables, poles or any public utility which is required to be moved to a

new location.

      2.  For the purpose of making surveys and

examinations relative to any eminent domain proceedings, the municipality may

enter upon any land, in accordance with the provisions of NRS 37.050, doing no unnecessary damage.

      [6:215:1947; 1943 NCL § 293.25]—(NRS A 1995, 503)

      NRS 496.080  Sale, lease or other disposal of municipal airports and related

facilities and property.

      1.  Except as otherwise provided in

subsection 2 or as may be limited by the terms and conditions of any grant,

loan or agreement pursuant to NRS 496.180, every

municipality may, by sale, lease or otherwise, dispose of any airport, air

navigation facility or other property, or portion thereof or interest therein,

acquired pursuant to this chapter.

      2.  The disposal by sale, lease or otherwise

must be:

      (a) Except as otherwise provided in subsections 3

and 4, made by public auction; and

      (b) In accordance with the laws of this State, or

provisions of the charter of the municipality, governing the disposition of

other property of the municipality, except that in the case of disposal to

another municipality or agency of the State or Federal Government for

aeronautical purposes incident thereto, the sale, lease or other disposal may

be effected in such manner and upon such terms as the governing body of the

municipality may deem in the best interest of the municipality, and except as

otherwise provided in subsections 3, 4 and 5 of NRS

496.090.

      3.  A board of county commissioners of a

county whose population is 55,000 or more may rent or lease to a person, or

renew the rental or lease to a person of, a space for the parking or storage of

aircraft, including, without limitation, a hangar, on the grounds of a

municipal airport that is owned or operated by the county without conducting a

public auction and at a price at least equal to the fair market rental or lease

value of the space based on an independent appraisal conducted within 6 months

before the rental or lease.

      4.  The governing body of a city whose

population is less than 25,000 may rent or lease to a person a space that is

less than one-half of an acre for the parking or storage of aircraft on the

grounds of a municipal airport that is owned or operated by the city without

conducting or causing to be conducted an appraisal or a public auction.

      [7:215:1947; 1943 NCL § 293.26]—(NRS A 1967, 716; 2005, 1469, 2680; 2007, 2008, 2839; 2011, 1292)

      NRS 496.090  Agreements for commercial or residential use of airport or

facility; contracts for sale of securities.

      1.  In operating an airport or air

navigation facility or any other facilities appertaining to the airport owned,

leased or controlled by a municipality, the municipality may, except as limited

by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into:

      (a) Contracts, leases and other arrangements with

any persons:

             (1) Granting the privilege of using or

improving the airport or air navigation facility, or any portion or facility

thereof, or space therein, for commercial purposes. The municipality may, if it

determines that an improvement benefits the municipality, reimburse the person

granted the privilege for all or any portion of the cost of making the

improvement.

             (2) Conferring the privilege of supplying

goods, commodities, things, services or facilities at the airport or air

navigation facility or other facilities.

             (3) Making available services to be

furnished by the municipality or its agents or by other persons at the airport

or air navigation facility or other facilities.

             (4) Providing for the maintenance of the

airport or air navigation facility, or any portion or facility thereof, or

space therein.

             (5) Allowing residential occupancy of

property acquired by the municipality.

      (b) Contracts for the sale of revenue bonds or

other securities whose issuance is authorized by the Local Government

Securities Law or NRS 496.150 or 496.155, for delivery within 10 years after the date

of the contract.

      2.  In each case the municipality may

establish the terms and conditions and fix the charges, rentals or fees for the

privileges or services, which must be reasonable and uniform for the same class

of privilege or service and must be established with due regard to the property

and improvements used and the expenses of operation to the municipality.

      3.  Except as otherwise provided in this

subsection, and as an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the

governing body of any municipality may authorize it to enter into any such

contracts, leases and other arrangements with any persons, as provided in this

section, for a period not exceeding 50 years, upon such terms and conditions as

the governing body deems proper. The provisions of this subsection must not be

used to circumvent the requirement set forth in subsection 2 of NRS 496.080 that the disposal of real property be made

by public auction.

      4.  Before entering into any such contract,

lease or other arrangements, the municipality shall publish notice of its

intention in general terms on the Internet website of the municipality, if the

municipality maintains an Internet website, for a period of not less than 10

consecutive days, and in a newspaper of general circulation within the

municipality at least once a week for 21 days or three times during a period of

10 days. If there is not a newspaper of general circulation within the

municipality, the municipality shall post a notice of its intention in a public

place at least once a week for 30 days. The notice must specify that a regular

meeting of the governing body is to be held, at which meeting any interested

person may appear. No such contract, lease or other arrangement may be entered

into by the municipality until after the notice has been given and a meeting

held as provided in this subsection.

      5.  Any member of a municipality’s

governing body may vote on any such contract, lease or other arrangement

notwithstanding the fact that the term of the contract, lease or other

arrangement may extend beyond the member’s term of office.

      [8:215:1947; 1943 NCL § 293.27]—(NRS A 1967, 716; 1987, 767; 1989, 721, 776, 1969; 1995, 846; 2005, 1469, 2680; 2011, 1867)

      NRS 496.100  Agent may operate airport; limitations.  Except

as may be limited by the terms and conditions of any grant, loan or agreement

pursuant to NRS 496.180, a municipality may by

contract, lease or other arrangement, upon a consideration fixed by it, grant

to any qualified person the privilege of operating, as agent of the

municipality or otherwise, any airport owned or controlled by the municipality,

including without limitation air navigation facilities and any other facilities

appertaining to the airport; but no such person shall be granted any authority

to operate such an airport other than as a public airport or to enter into any

contracts, leases or other arrangements in connection with the operation of the

airport which the municipality might not have undertaken under NRS 496.090.

      [9:215:1947; 1943 NCL § 293.28]—(NRS A 1967, 717)

      NRS 496.110  Liens for repairs, improvements or storage; enforcement.  To enforce the payment of any charges for

repairs or improvements to, or storage or care of, any personal property made

or furnished by the municipality or its agents in connection with the operation

of an airport or air navigation facility owned or operated by the municipality,

the municipality shall have liens on such property, which shall be enforceable

by the municipality as provided by law.

      [10:215:1947; 1943 NCL § 293.29]

MUNICIPAL AUTHORITY; ORDINANCES AND REGULATIONS

      NRS 496.120  Municipal authority may be vested in municipal officer, board or

agency by resolution; powers and duties.  Any

authority vested by this chapter in a municipality or in the governing body

thereof for the planning, establishment, development, construction,

enlargement, improvement, maintenance, equipment, operation, regulation,

protection and policing of airports or other air navigation facilities

established, owned or controlled, or to be established, owned or controlled, by

the municipality may be vested by resolution of the governing body of the

municipality in an officer or board or other municipal agency whose powers and

duties shall be prescribed in the resolution, but the expense of such planning,

establishment, development, construction, enlargement, improvement,

maintenance, equipment, operation, regulation, protection and policing shall be

a responsibility of the municipality.

      [11:215:1947; 1943 NCL § 293.30]

      NRS 496.130  Municipality may adopt reasonable ordinances and regulations for

airport management and operation; enforcement of ordinances or regulations;

airports outside municipal limits subject to state and federal law.

      1.  A municipality that establishes or

acquires an airport or air navigation facility may adopt, amend and repeal such

reasonable ordinances, resolutions, rules, regulations or orders as it deems

necessary for the management, government and use of the airport or air

navigation facility under its control, whether situated within or outside of

the territorial limits of the municipality.

      2.  For the enforcement thereof, the

municipality may, by ordinance or resolution, as appropriate, appoint airport

guards or police with full police powers which must be performed in compliance

with the provisions of NRS 171.1223,

and fix penalties, within the limits prescribed by law, for the violation of

the ordinances, resolutions, rules, regulations and orders. Penalties must be

enforced in the same manner in which penalties prescribed by other ordinances

or resolutions of the municipality are enforced.

      3.  A rule, regulation or ordinance must

not be adopted, amended or repealed under this chapter, except by action of the

governing body of the municipality after a public hearing in relation thereto

at which public utilities owning facilities in the areas involved, and other

interested persons, have an opportunity to be heard. At least 15 days’ notice

of the hearing must:

      (a) Be given to all public utilities owning

facilities in the area involved; and

      (b) Be published in an official paper or a paper

of general circulation in the municipality or municipalities in which the

airport is located.

Ê This

subsection does not apply to ordinances adopted pursuant to NRS 350.579.

      4.  All ordinances, resolutions, rules,

regulations or orders which are issued by the municipality must be kept in

substantial conformity with the laws of this State, or any regulations adopted

or standards established pursuant thereto, and, as nearly as possible, with the

federal laws governing aeronautics and the rules, regulations or standards duly

issued thereunder.

      5.  To the extent that an airport or other

air navigation facility controlled and operated by a municipality is located

outside the territorial limits of the municipality, it is subject to federal

and state laws, rules or regulations, and under the jurisdiction and control of

the municipality controlling or operating it. No other municipality has any

authority to charge or exact a license fee or occupation tax for operations

thereon.

      [12:215:1947; 1943 NCL § 293.31]—(NRS A 1977, 277; 1987, 500; 2001, 1870)

CONTRACTS, DEBT, FINANCES AND INVESTMENTS

      NRS 496.140  Municipal power to tax and appropriate money for purposes of

chapter.  The governing body of any

municipality having power to appropriate and raise money is authorized to

appropriate, and to raise by taxation or otherwise, sufficient moneys to carry

out the provisions and purposes of this chapter.

      [13:215:1947; 1943 NCL § 293.32]

      NRS 496.150  Issuance of general obligation and revenue bonds to pay costs of

acquisition and development.  To

defray the cost of planning and acquiring, establishing, developing,

constructing, enlarging, improving or equipping an airport or air navigation

facility, or the site therefor, including buildings and other facilities

incidental to the operation thereof, and the acquisition or elimination of

airport hazards, or any combination thereof, the governing body may, at any

time or from time to time, in the name and on the behalf of the municipality,

issue:

      1.  General obligation bonds, payable from

taxes;

      2.  General obligation bonds, payable from

taxes, which payment is additionally secured by a pledge of net revenues or

gross revenues derived from the operation of all or any part of the airport or

any facilities appertaining thereto; and

      3.  Revenue bonds constituting special

obligations and payable from such net revenues or gross revenues.

      [14:215:1947; 1943 NCL § 293.33]—(NRS A 1965, 1256;

1967, 717; 1981, 964)

      NRS 496.155  Issuance of municipal securities pursuant to Local Government

Securities Law; entry into contracts of purchase, medium-term obligations and

installment-purchase agreements.

      1.  Subject to the provisions of

subsections 2 and 3 and NRS 496.150, for any

undertaking authorized in NRS 496.150, the

governing body of a municipality, as it determines from time to time, may, on

the behalf and in the name of the municipality, borrow money, otherwise become

obligated, and evidence the obligations by the issuance of bonds and other

municipal securities, and in connection with the undertaking or the municipal

airport, including, without limitation, air navigation facilities and other

facilities appertaining to the airport, the governing body may otherwise

proceed as provided in the Local Government Securities Law or as provided in

subsections 4 and 5.

      2.  General obligation bonds, whether or

not their payment is additionally secured by a pledge of net revenues, must be

sold as provided in the Local Government Securities Law.

      3.  Revenue bonds may be sold at a public

sale as provided in the Local Government Securities Law or at a private sale.

      4.  The governing body may by resolution

acquire real property for the expansion of airport or air navigation facilities

by entering into contracts of purchase, of a type and duration and on such

terms as the governing body determines, including, without limitation,

contracts secured by a mortgage or other security interest in the real

property. The governing body may not use any revenue derived from taxes ad

valorem to pay for the acquisition, and the obligation under the contract does

not constitute a general obligation of the municipality or apply against any

debt limitation pertaining to the municipality.

      5.  The governing body may by resolution

enter into a medium-term obligation or installment-purchase agreement for any

undertaking authorized in NRS 496.150 and issue

negotiable instruments without regard to the requirements specified in:

      (a) Paragraphs (a) and (b) of subsection 2 of NRS 350.091; and

      (b) Subsections 1 and 2 of NRS 350.089, unless the financing is to be

repaid from the proceeds of a special tax exempt from limitations on taxes ad

valorem.

      (Added to NRS by 1965, 1256; A 1967, 718; 1979, 1123;

1981, 1929; 1987,

501; 1995,

1827; 2001,

2336)

      NRS 496.160  Validation of prior municipal bonds and action.

      1.  Any acquisition of property heretofore

made, within or without the limits of any municipality or the State, for the

purposes authorized by this chapter, and any other action heretofore taken by a

municipality in furtherance of such purposes, including but not limited to the

making of appropriations, the expenditure of money, the incurring of debts, the

acceptance and disbursement of federal, state or other grants or loans, the

issuance and payment of bonds and notes, the execution of leases and contracts,

which acquisition or action would have been authorized had this chapter been in

effect at the time of such an acquisition or action, is hereby ratified and

made valid.

      2.  All bonds and notes heretofore issued

in furtherance of purposes authorized by this chapter and actions ratified by

this section are confirmed as legal obligations of the municipality, and,

without prejudice to the general powers granted to the municipality by this

chapter, such municipality is hereby authorized to issue further bonds and

notes for such purposes up to the limit fixed in the original authorization

therefor, which bonds and notes shall be legal obligations in accordance with

their terms.

      [15:215:1947; 1943 NCL § 293.34]

      NRS 496.170  Airport fund.  The

revenues obtained by a municipality from the ownership, control or operation of

any airport or air navigation facility, including proceeds from the sale of any

airport or portion thereof or air navigation facility property, shall be

deposited in a special fund to be designated the

“.............................. airport fund,” which revenues shall be

appropriated solely to, and used by the municipality for, the purposes

authorized by this chapter.

      [16:215:1947; 1943 NCL § 293.35]

      NRS 496.180  Municipality authorized to accept and expend federal and state

money; terms and conditions of grants or loans.

      1.  Every municipality is authorized to

accept, receive, receipt for, disburse and expend federal and state moneys and

other moneys, public or private, made available by grant or loan, or both, to

accomplish, in whole or in part, any of the purposes of this chapter.

      2.  All federal moneys accepted under this

section shall be accepted and expended by the municipality upon such terms and

conditions as are prescribed by the United States and as are consistent with

state law. All state moneys accepted under this section shall be accepted and

expended by the municipality upon such terms and conditions as are prescribed

by the State.

      3.  Unless otherwise prescribed by the

agency from which such moneys were received, the chief financial officer of the

municipality shall, on its behalf, deposit all moneys received pursuant to this

section, and shall keep them in separate funds designated according to the

purposes for which the moneys were made available, in trust for such purposes.

      [17:215:1947; 1943 NCL § 293.36]

      NRS 496.200  Municipal power to contract for purposes of chapter.  A municipality may enter into any contracts

necessary to the execution of the powers granted it, and for the purposes

provided by this chapter.

      [19:215:1947; 1943 NCL § 293.38]

JOINT EXERCISE OF AUTHORITY

      NRS 496.210  Joint exercise of powers by public agencies and municipalities.

      1.  For the purposes of this section,

unless otherwise qualified:

      (a) “Public agency” includes municipality, as

defined in this chapter, any agency of the State Government and of the United

States, and any municipality, political subdivision, and agency of another

state.

      (b) “Governing body” means the governing body of

a county or municipality, and the head of the agency if the public agency is

other than a county or municipality.

      2.  All powers, privileges and authority

granted to any municipality by this chapter may be exercised and enjoyed

jointly with any public agency of this state, and jointly with any public

agency of any other state or of the United States to the extent that the laws

of such other state or of the United States permit such joint exercise or

enjoyment. If not otherwise authorized by law, any agency of the State

Government when acting jointly with any municipality may exercise and enjoy all

of the powers, privileges and authority conferred by this chapter upon a

municipality.

      [20:215:1947; 1943 NCL § 293.39]

      NRS 496.220  Agreements of public agencies for joint action: Mandatory and

permissive provisions.

      1.  Any two or more public agencies may

enter into agreements with each other for joint action pursuant to the

provisions of this section. Concurrent action by ordinance, resolution or

otherwise of the governing bodies of the participating public agencies shall

constitute joint action.

      2.  Each agreement shall specify:

      (a) Its duration.

      (b) The proportionate interest which such public

agency shall have in the property, facilities and privileges involved.

      (c) The proportion to be borne by each public

agency of preliminary costs and costs of acquisition, establishment,

construction, enlargement, improvement and equipment of the airport or air

navigation facility.

      (d) The proportion of the expenses of

maintenance, operation, regulation and protection thereof to be borne by each.

      (e) Such other terms as are required by the

provisions of this section.

      3.  The agreement may also provide for:

      (a) Amendments thereof.

      (b) Conditions and methods of termination of the

agreement.

      (c) The disposal of all or any of the property,

facilities and privileges jointly owned, prior to or upon the property,

facilities and privileges, or any part thereof, ceasing to be used for the

purposes provided in this chapter, or upon termination of the agreement.

      (d) The distribution of the proceeds received

upon any such disposal, and of any funds or other property jointly owned and

undisposed of.

      (e) The assumption or payment of any indebtedness

arising from the joint venture which remains unpaid upon the disposal of all

assets or upon a termination of the agreement.

      (f) Such other provisions as may be necessary or

convenient.

      [21:215:1947; 1943 NCL § 293.40]

      NRS 496.230  Joint board of public agencies: Members, number and term;

powers; expenditures; eminent domain.

      1.  Public agencies acting jointly pursuant

to this chapter shall create a joint board which shall consist of members

appointed by the governing body of each participating public agency. The number

to be appointed, their term and compensation, if any, shall be provided for in

the joint agreement.

      2.  Each joint board shall organize, select

officers for terms to be fixed by the agreement, and adopt and amend from time

to time rules for its own procedure.

      3.  The joint board shall have power:

      (a) To plan, acquire, establish, develop,

construct, enlarge, improve, maintain, equip, operate, regulate, protect and

police any airport or air navigation facility or any other facilities

appertaining to the airport or airport hazard to be jointly acquired,

controlled and operated.

      (b) To contract or otherwise provide, by

condemnation if necessary, for the removal of any airport hazard or the removal

or the relocation of all private structures, railways, mains, pipes, conduits,

wires, cables, poles and other facilities and equipment which may interfere

with the location, expansion, development or improvement of such airports,

restricted landing areas, other air navigation facilities, and any other

facilities appertaining to the airport, or with the safe approach thereto or

takeoff therefrom by aircraft.

      (c) To pay the cost of removal or relocation.

      4.  The board may exercise on behalf of its

constituent public agencies all the powers of each with respect to such

airport, air navigation facility, or other facilities, or airport hazard,

subject to the limitations of this section.

      5.  The total expenditures to be made by

the joint board for any purpose in any calendar year shall be determined by a

budget approved by the governing bodies of its constituent public agencies on

or before the preceding December 1.

      6.  No airport, air navigation facility,

other facilities, airport hazard, or real or personal property, the cost of

which is in excess of sums therefor fixed by the joint agreement or allotted in

the annual budget, may be acquired by the joint board; but the agencies

exercising such power shall, in addition to the damage for the taking, injury

or destruction of property, also pay the cost of removal or relocation of any

structure, railways, mains, pipes, conduits, wires, cables, poles or any public

utility which is required to be moved to a new location without the approval of

the governing bodies of its constituent public agencies.

      7.  Eminent domain proceedings under this

section may be instituted only by authority of the governing bodies of the

constituent public agencies of the joint board. If so authorized, proceedings

shall be instituted in the names of the constituent public agencies jointly,

and the property so acquired shall be held by the public agencies as tenants in

common until conveyed by them to the joint board.

      8.  The joint board shall not dispose of

any airport, air navigation facility, other facilities, or real property under

its jurisdiction except with the consent of the governing bodies of its

constituent public agencies; but the joint board may, without such consent,

enter into the contract, lease or other arrangements contemplated by NRS 496.090.

      9.  Any resolutions, rules, regulations or

orders of the joint board dealing with subjects authorized by NRS 496.130 shall become effective only upon approval

of the governing bodies of the constituent public agencies; but upon such

approval, the resolutions, rules, regulations or orders of the joint board

shall have the same force and effect in the territories or jurisdictions

involved as the ordinances, resolutions, rules, regulations or orders of each

public agency would have in its own territory or jurisdiction.

      [22:215:1947; 1943 NCL § 293.41]—(NRS A 1967, 719)

      NRS 496.240  Joint fund.

      1.  For the purpose of providing a joint

board with moneys for the necessary expenditures in carrying out the provisions

of this chapter, a joint fund shall be created and maintained, into which shall

be deposited the share of each of the constituent public agencies as provided

by the joint agreement. Each of the constituent public agencies shall provide

its share of the fund from sources available to each.

      2.  Any federal, state or other

contributions or loans, and the revenues obtained from the joint ownership,

control and operation of any airport or air navigation facility under the

jurisdiction of the joint board shall be paid into the joint fund.

      3.  Disbursements from the fund shall be

made by order of the board, subject to the limitations prescribed in NRS 496.230.

      [23:215:1947; 1943 NCL § 293.42]

MISCELLANEOUS PROVISIONS

      NRS 496.250  Actions declared to be public and governmental functions;

immunity.

      1.  The acquisition of any land or interest

therein pursuant to this chapter, the planning, acquisition, establishment,

development, construction, improvement, maintenance, equipment, operation,

regulation, protection, and policing of airports and air navigation facilities,

including the acquisition or elimination of airport hazards, and the exercise

of any other powers herein granted to municipalities and other public agencies,

to be exercised severally or jointly, are hereby declared to be public and

governmental functions, exercised for a public purpose, and matters of public

necessity; and, in the case of any county, are declared to be county functions

and purposes as well as public and governmental; and, in the case of any

municipality other than a county, are declared to be municipal functions and

purposes as well as public and governmental.

      2.  All land and other property and

privileges acquired and used by or on behalf of any municipality or other

public agency in the manner and for the purposes enumerated in this chapter

shall and are hereby declared to be acquired and used for public and

governmental purposes and as a matter of public necessity, and, in the case of

a county or municipality, for county or municipal purposes, respectively.

      3.  No action or suit shall be brought or

maintained against any county, municipality, or its officers, agents, servants

or employees for damages arising from tort occurring in or about the

construction, maintenance, operation, superintendence, or management of any

county or municipal airport, at such times as such airport may be leased to,

operated by, or otherwise under the control or management of any individual or

private corporation operating or managing the same for private gain; but

nothing in this subsection shall relieve any county or municipality of liability

for such damages if the airport is operated or managed by the county or

municipality or their employees.

      [24:215:1947; A 1951, 473]

      NRS 496.260  Property and income exempt from taxation.

      1.  Any property in this state acquired by

a municipality for airport purposes pursuant to the provisions of this chapter,

and any income derived by such municipality from the ownership, operation or

control thereof, shall be exempt from taxation to the same extent as other

property used for public purposes.

      2.  Any municipality is authorized to

exempt from municipal taxation any property acquired within its boundaries by a

public agency of another state for airport purposes, and any income derived

from such property, to the extent that such other state authorizes similar

exemptions from taxation to municipalities of this state.

      [25:215:1947; 1943 NCL § 293.44]

      NRS 496.270  Incidental powers.  In

addition to the general and special powers conferred by this chapter, every

municipality is authorized to exercise such powers as are necessarily

incidental to the exercise of such general and special powers.

      [26:215:1947; 1943 NCL § 293.45]

      NRS 496.280  Provisions of chapter do not limit municipal power to regulate

airport hazards.  Nothing contained

in this chapter shall be construed to limit any right, power or authority of a

municipality to regulate airport hazards by zoning.

      [27:215:1947; 1943 NCL § 293.46]

      NRS 496.290  Uniformity of interpretation and construction of chapter.  This chapter 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 municipal airports.

      [28:215:1947; 1943 NCL § 293.47]