Acquisition, Disposition and Support of Airport Facilities

Miss. Code Ann. tit. 61, ch. 5
in effect

Miss. Code Ann. § 61-5-3 Definitions.

As used in the Municipal Airport Law, unless the text otherwise requires: “Airport” means any area of land or water which is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights of way, or for other appropriate purposes, including buffer areas and areas for airport compatible development, together with all buildings and facilities located thereon. “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. “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. “Joint airport board” shall mean a joint airport board created pursuant to Section 61-5-35. “Municipal airport board” shall mean a municipal airport board created pursuant to Section 61-5-25. “Municipality” means any county, city, village, town, supervisors district or supervisors districts of this state. “Municipal” means pertaining to a municipality as herein defined. “Person” means any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

Miss. Code Ann. § 61-5-5 General powers of municipalities as to establishment, acquisition, operation, etc., of airports and air navigation facilities.

Every municipality is authorized, out of any appropriations or other moneys made available for such purposes, to 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 such municipality including the construction, installation, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods and commodities as an incident to the operation of its airport properties. For such purposes the municipality may use any available property that it may now or hereafter own or control 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 safe and efficient operation of the airport or to permit the removal, elimination, obstruction marking or obstruction lighting of airport hazards or to prevent the establishment of airport hazards. The municipality may by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire existing airports and air navigation facilities. However, it shall not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency without the consent of such municipality or public agency. 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.

Miss. Code Ann. § 61-5-7 Exercise of power of eminent domain.

In the acquisition of property by eminent domain proceedings authorized by the Municipal Airport Law, the municipality shall proceed in the manner provided by Chapter 27 of Title 11, Mississippi Code of 1972, and as elsewhere provided by law. For the purpose of making surveys and examinations relative to any eminent domain proceedings, it shall be lawful to enter upon the land, doing no unnecessary damage. Notwithstanding the provisions of any other statute or other law, the municipality may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of such proceedings upon a specific finding by the municipality of the public necessity for the immediate acquisition of the property pursuant to Section 11-27-81 et seq., and compliance with all provisions of Section 11-27-81 et seq., including the provisions for making a deposit. The municipality shall not be precluded from abandoning such proceedings at any time prior to final order and decree of the court having jurisdiction of such proceedings. The municipality shall be liable to the owner of the property for any damage done to the property during possession thereof by the municipality.

Miss. Code Ann. § 61-5-9 Disposal of airport property.

Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to Section 61-5-15, 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 the Municipal Airport Law. Such disposal by sale, lease, or otherwise, shall be 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.

Miss. Code Ann. § 61-5-11 Operation and use privileges; exemption from taxation.

In operating an airport or air navigation facility owned, leased or controlled by a municipality, such municipality may, except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to Section 61-5-15, enter into contracts, leases and other arrangements for a term not exceeding fifty (50) years with any persons: Granting the privilege of using or improving such airport or air navigation facility or any portion or facility thereof, or space therein for commercial purposes; or Conferring the privilege of supplying goods, commodities, things, services or facilities at such airport or air navigation facility; or Making available services to be furnished by the municipality or its agents at such airport or air navigation facility. In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the municipality. Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to Section 61-5-15, a municipality may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality. However, no person shall be granted any authority to operate 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 subsection (1) of this section. All contracts, leases and other arrangements entered into pursuant to this section are deemed to serve a public and governmental purpose as a matter of public necessity; therefore, all such contracts, leases and other arrangements, and all structures, improvements and other facilities erected, installed, constructed or located in connection therewith on an airport or air navigation facility owned or controlled by a municipality, or any portion or facility thereof or space therein, shall be free and exempt from all state, county and municipal ad valorem taxes on real property and personal property for so long as may otherwise be lawful, and the charges, rentals and fees received by a municipality in connection with such contracts, leases and other arrangements shall be deemed to be in lieu of said taxes.

Miss. Code Ann. § 61-5-13 Promulgation, etc., of ordinances, resolutions, rules, regulations and orders; enforcement.

A municipality, which has established or acquired or which may hereafter establish or acquire an airport or air navigation facility, is authorized to adopt, amend and repeal such reasonable ordinances, resolutions, rules, regulations and orders as it shall deem necessary for the management, government and use of such airport or air navigation facility under its control whether situated within or without the territorial limits of the municipality. As for the enforcement thereof, the municipality, may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the aforesaid ordinances, resolutions, rules, regulations and orders. Said penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. 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 shall, subject to federal and state laws, rules and regulations, be under the jurisdiction and control of the municipality controlling or operating it, and no other municipality shall have any authority to charge or exact a license fee or occupation tax for operations thereon. All ordinances, resolutions, rules, regulations or orders which are issued by the municipality shall be kept in substantial conformity with the laws of the state or any regulations promulgated or standards established pursuant thereto, and, as nearly as may be, with the federal laws governing aeronautics and the rules, regulations and standards duly issued thereunder.

Miss. Code Ann. § 61-5-15 Acceptance, etc., of federal and state aid; designation of agent.

Every municipality is authorized to accept, receive, receipt for, disburse and expend federal and state monies and other monies, public or private, made available by grant or loan or both to accomplish, in whole or in part, any of the purposes of the Municipal Airport Law. All federal monies 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 monies accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the state. All local government monies accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the local government. Unless otherwise prescribed by the agency from which such monies were received, the chief financial officer of the municipality shall on its behalf deposit all monies received pursuant to this section and shall keep them, in separate funds designated according to the purposes for which the monies were made available, in trust for such purposes. Every municipality is authorized to designate the Mississippi Transportation Commission as its agent to accept, receive, receipt for, and disburse federal, state and local government monies and other monies, public or private, made available by grant or loan or both, to accomplish in whole or in part, any of the purposes of the Municipal Airport Law. Every municipality is authorized to designate such commission as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment or operation of any airport or other air navigation facility. Every municipality may enter into an agreement with the commission prescribing the terms and conditions of the agency in accordance with such terms and conditions as are prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal monies accepted under this section by such commission shall be accepted and transferred or expended by the commission upon such terms and conditions as are prescribed by the United States. All monies received by such commission pursuant to this paragraph shall be deposited in the State Treasury, and unless otherwise prescribed by the agency from which such monies were received, shall be kept in separate funds designated according to the purposes for which the monies were made available, and held by the state in trust for such purposes.

Miss. Code Ann. § 61-5-17 Bond issues for financing facility costs.

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, may be paid for wholly or partly from the proceeds of the sale of bonds or notes of the municipality, as the governing body of the municipality shall determine. For such purposes a municipality may issue general or special obligation bonds, revenue bonds or other forms of bonds or notes, secured or unsecured, including refunding bonds, in the manner and within the limitations prescribed by the laws of this state or the charter of the municipality for the authorization and issuance of bonds or notes thereof for public purposes generally. Such bonds may be sold at public or private sale at not less than par and shall bear interest at a rate or rates as the municipality shall determine, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101 for general obligation bonds, or Section 75-17-103 for revenue bonds, as the case may be. Any bonds or notes issued by a municipality pursuant to this section which are payable, as to principal and interest, solely from the revenues of an airport or air navigation facility (and such bonds or notes shall so state on their face), shall not constitute a debt of such municipality within the meaning of any constitutional or statutory debt limitation or restriction. In any suit, action or proceeding involving the security, or the validity or enforceability, of any bond or note issued by a municipality, which bond or note states on its face that it was issued pursuant to the provision of this section and for a purpose or purposes authorized or accomplished by this section, such bond or note shall be conclusively deemed to have been issued pursuant to this section for such purpose or purposes.

Miss. Code Ann. § 61-5-19 Authority to contract or enter into joint use or similar agreements.

A municipality may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by the Municipal Airport Law. Without limiting the foregoing, a municipality may enter into joint use or similar agreements with any department or agency of the United States of America or the State of Mississippi, including any military department of the United States of America or the State of Mississippi, with respect to the use and operation of, or services at, any airport or other property of the municipality used in connection with an airport on the terms and conditions as the municipality may deem appropriate, including provisions limiting the liability of the United States of America or the State of Mississippi to the municipality if the municipality determines that the limitation of liability is reasonable, necessary and appropriate under the circumstances.

Miss. Code Ann. § 61-5-21 Incidental powers.

In addition to the general and special powers conferred by the Municipal Airport Law, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.

Miss. Code Ann. § 61-5-23 Validation of prior acquisitions and actions.

Any acquisition of property made prior to April 21, 1958, within or without the limits of any municipality, for the purposes authorized by the Municipal Airport Law, and any other action taken prior to said date 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 said law been in effect at the time of such acquisition or action, is hereby ratified and made valid. All bonds and notes issued prior to said date in furtherance of purposes authorized by said law 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 said law, 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.

Miss. Code Ann. § 61-5-25 Delegation of municipal authority to airport board or other agency.

Any authority vested by the Municipal Airport Law 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 airport board, or other municipal agency, whose powers and duties shall be prescribed in the resolution. However, the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing shall be a responsibility of the municipality.

Miss. Code Ann. § 61-5-27 Liens in favor of municipality.

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.

Miss. Code Ann. § 61-5-29 Appropriation of funds; taxation.

The governing body of any municipality having power to appropriate and raise money, is hereby authorized to appropriate, and to raise by taxation or otherwise, sufficient moneys to carry out the provisions and purposes of the Municipal Airport Law.

Miss. Code Ann. § 61-5-31 Disposition of airport revenues.

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 the Municipal Airport Law.

Miss. Code Ann. § 61-5-33 Joint operations; authorization.

For the purposes of Sections 61-5-33 through 61-5-41, unless otherwise qualified, the term “public agency” includes municipality, as defined in Section 61-5-3, and any agency of the state government and of the United States. The term “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. All powers, privileges and authority granted to any municipality by the Municipal Airport Law may be exercised and enjoyed jointly with any public agency of this state, or of the United States to the extent that the laws 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 the Municipal Airport Law upon a municipality.

Miss. Code Ann. § 61-5-35 Joint operations; agreement.

Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of Section 61-5-33. Concurrent action by ordinance, resolution or otherwise of the governing bodies of the participating public agencies shall constitute joint action. Each such agreement shall specify its duration, the proportionate interest which each public agency shall have in the property, facilities and privileges involved, 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, the proportion of the expenses of maintenance, operation, regulation and protection thereof to be borne by each, and such other terms as are required by the provisions of Sections 61-5-33 through 61-5-41. The agreement may also provide for: amendments thereof, and conditions and methods of termination of the agreement; the disposal of all or any of the property, facilities and privileges jointly owned, prior to or upon said property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in the Municipal Airport Law, or upon termination of the agreement; the distribution of the proceeds received upon any such disposal, and of any funds or other property jointly owned and undisposed of; 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; and such other provisions as may be necessary or convenient.

Miss. Code Ann. § 61-5-37 Joint operations; joint board generally.

Public agencies acting jointly pursuant to Section 61-5-33 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. Each such 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. The joint board shall have power to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, lease, regulate, protect and police any airport or air navigation facility or airport hazard, or other airport property, real or personal, to be jointly acquired, controlled and operated and to lease any property, real or personal, inside or outside the boundaries of an airport or airport site as it may deem necessary to carry out its duties. Such board may exercise, on behalf of its constituent public agencies, all the powers of each with respect to such airport, air navigation facility or airport hazard, subject to the limitations of Section 61-5-39.

Miss. Code Ann. § 61-5-39 Joint operations; limitations of powers of joint board.

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 first. No airport, air navigation facility, 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 without the approval of the governing bodies of its constituent public agencies. Eminent domain proceedings may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by said public agencies as tenants in common until conveyed by them to the joint board. The joint board shall not dispose of any airport, air navigation facility or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by Section 61-5-11. Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by Section 61-5-13 shall become effective only upon approval of the governing bodies of the constituent public agencies. 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.

Miss. Code Ann. § 61-5-41 Joint operations; joint fund.

For the purposes of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of Sections 61-5-33 through 61-5-41, 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. 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. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in Section 61-5-39.

Miss. Code Ann. § 61-5-43 Exemption from taxation of airport property and income.

Any property in this state acquired by a municipality for airport purposes pursuant to the provisions of the Municipal Airport Law, 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 belonging to political subdivisions of this state.

Miss. Code Ann. § 61-5-45 Effect of law upon municipal airport zoning regulation.

Nothing contained in the Municipal Airport Law shall be construed to limit any right, power or authority of a municipality to regulate airport hazards by zoning.

Miss. Code Ann. § 61-5-47 Acquisition, etc. of airports, air navigation facilities, etc.; tort liability.

The acquisition of any lands for the purpose of establishing airports or other air navigation facilities, the acquisition of any airport protection privileges, the acquisition, establishment, construction, enlargement, improvements, maintenance, equipment and operation of airports and other air navigation facilities by any municipality or municipalities of this state, separately or jointly, and the exercise of any other powers granted in the Municipal Airport Law to any airport board, joint board or authority are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. Such lands and other property and privileges acquired and used by the municipality in the manner and for the purposes enumerated in said law shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.

Miss. Code Ann. § 61-5-49 Interpretation and construction.

The Municipal Airport Law shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of the state and other states and of the government of the United States having to do with the subject of municipal airports.

Miss. Code Ann. § 61-5-71 Declaration of public policy; legislative intent.

It shall be the public policy of this state to encourage the construction, equipping, maintenance and operation of adequate transportation facilities, including airports, if needed, for use of the state university and the state supported four year colleges now or hereafter located in the state, as necessary in the operation and training program of such university and colleges and desirable for the use of the municipalities and areas in or near which such airports may be located as well as being helpful in the economic, industrial and business development of said counties. It is the intent of Sections 61-5-71 through 61-5-77 to provide means whereby the board of trustees of state institutions of higher learning, the state building commission and any and all other state agencies which have either constructed such airport facilities, or contemplate so doing, may obtain assistance and contributions of funds from any municipality in or near which any such college may be located and from the county in which any such airport facilities may be located. It is also the intent of said sections to authorize such municipalities and counties to borrow money and issue bonds, under their respective bond laws, to provide funds for the purpose of aiding and assisting in the acquisition of sites for such airports, construction of buildings, construction of runways and extension of runways and in constructing and equipping all facilities needed or desirable for such airports.

Miss. Code Ann. § 61-5-73 Powers of counties.

The boards of supervisors of the several counties of the state are authorized, in their discretion, to acquire by condemnation, donation, lease or purchase land to be used as an airport or landing place for airplanes. They may erect such buildings thereon as they may deem necessary for such purpose, and equip and maintain such airport. The boards of supervisors of the several counties of the state, wherein the university or other state supported four year colleges now or hereafter in existence, are or shall be located, are authorized, in their discretion, to assist the board of trustees of state institutions of higher learning, the state building commission or any other state agency by contributing county funds to be used in the acquisition of a site for an airport, erecting suitable buildings, building or extending runways and equipping, maintaining and operating an airport, which shall be available for the use of said university or colleges, as the case may be, and for the general public.

Miss. Code Ann. § 61-5-75 Powers of municipalities.

The governing authorities of any municipality are authorized, in their discretion, to exercise all the powers conferred on boards of supervisors with reference to acquiring land to be used as an airport or landing place for airplanes, and erect suitable buildings thereon, and equip and maintain such airport. They may acquire airports or landing places already established. Such airport or landing place may be situated beyond the limits of such municipality. The governing authorities of a municipality may lease, or sublease, or contract the maintenance and operation of, any airport or landing place for airplanes to the United States of America, or any department or agency thereof, or to any person, firm, association, or corporation, for the purpose of training aviators and for other legal purposes. The county wherein such airport may be situated is hereby authorized to make such contribution to the cost of acquiring the necessary land for such airport, the placing of same in suitable condition, and the equipping and maintenance thereof, as the board of supervisors of such county and the governing body of such municipality may mutually agree upon. The governing authorities of the several municipalities of the state in or near which the state university or a state supported four year college, now or hereafter in existence, are or shall be located, are authorized, in their discretion, to assist the board of trustees of state institutions of higher learning, the state building commission or any other state agency by contributing municipal funds to be used in the acquisition of a site for an airport, erecting suitable buildings and building or extending runways, equipping, maintaining and operating an airport, which shall be available for the use of said university or colleges, as the case may be, and for the general public. Any such municipality which offers assistance in the acquisition of a site for constructing suitable buildings, building or extending runways or maintaining and operating such airports for the university or other state supported colleges, as the case may be, may or may not be in the county in which the university or the state supported four year college is located, provided the airport is not more than ten miles from said municipality.

Miss. Code Ann. § 61-5-77 Construction.

Sections 61-5-71 through 61-5-75 are remedial, are entitled to a liberal construction, and are supplemental and in addition to all other laws on the subject. In event, however, said sections are in conflict with any other law, they shall take precedence, in order to accomplish the purpose of development for which they are expressly written.

Miss. Code Ann. § 61-5-91 Lease of airport facilities to private concerns.

Any municipality having a population, according to the last federal census, in excess of ten thousand inhabitants is authorized to lease any part or all of its airport grounds and improvements to one or more private concerns for not longer than twenty-five years by awarding such contract competitively after due notice of such public letting as public contracts are made. The city may lease a part of the land included in its airport either with or without the improvements thereon, and may require the lessee to erect improvements on such land and maintain the same at its expense or the city may in the discretion of its governing authorities make such contract thereasto as may appear most advantageous and profitable to it. Any such lease contract shall be made only for the purpose of the expansion and development of such airport and its use in furtherance of the promotion of private and commercial aviation therein. The city is authorized to construct and maintain suitable airstrips and landing and take-off areas at its expense in connection with such lease thereof, and it may lease all or any part of its airport buildings and hangars to federal agencies (such as weather bureau and C. A. A.) and private and commercial airlines using such airport as a depot, but the rental thereon shall never be less than the current charges for the upkeep and maintenance thereof and the period of such contract shall not exceed twenty-five years. It is the intent and purpose of this section to vest in such municipalities within the stated class full and plenary power and authority to develop and expand its airport facilities by allowing private concerns to erect improvements thereon at their expense for repairing and servicing private and commercial airplanes and for the sale and servicing of airplanes thereat so as to assure and encourage such continued use of said property and the development thereto at the least possible expense to the public.

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