[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]
