[Rev. 6/29/2024 4:22:05 PM--2023]
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.
Ę 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)
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]