MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Municipalities

By: Representative Perry

AN ACT TO AMEND SECTION 61-3-3, MISSISSIPPI CODE OF 1972, TO INCLUDE IN THE DEFINITION OF "MUNICIPALITY" ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING OR ANY PUBLIC COMMUNITY OR JUNIOR COLLEGE; TO AMEND SECTION 61-3-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY STATE INSTITUTION OF HIGHER LEARNING OR ANY PUBLIC COMMUNITY OR JUNIOR COLLEGE TO CREATE A MUNICIPAL AIRPORT AUTHORITY; TO AMEND SECTION 61-3-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE TWO OR MORE MUNICIPALITIES AND ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING OR ANY PUBLIC COMMUNITY OR JUNIOR COLLEGE TO CREATE A REGIONAL AIRPORT AUTHORITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

` SECTION 1. Section 61-3-3, Mississippi Code of 1972, is amended as follows:

61-3-3. The following words or terms, whenever used or referred to in this chapter, shall have the following respective meanings unless different meanings clearly appear from the context:

(a) "Municipality" * * * means any county, supervisors district or supervisors districts, or all that portion of the county lying outside the territorial boundaries of any named city, town or village, and a city, town and village of this state or any state-supported institution of higher learning or any public community or junior college.

(b) "Municipal airport authority" or "municipal authority" * * * means a municipal airport authority created pursuant to the provisions of Section 61-3-5.

(c) "Regional airport authority" or "regional authority" * * * means a regional airport authority created pursuant to the provisions of Section 61-3-7.

(d) "Airport authority" or "authority" * * * means any regional airport authority or municipal airport authority created pursuant to the provisions of this chapter.

(e) "Governing body" * * * means the official or officials authorized by law to exercise ordinance or other lawmaking powers of a municipality.

(f) "Clerk" * * * means the custodian of the official records of a municipality.

(g) "Bonds" * * * means any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter.

(h) "Airport" * * * means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

(i) "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.

(j) "Airport hazard" * * * means any structure, object or 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.

(k) "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.

(l) "Local government" means any local governmental unit as defined in Section 17-13-5.

SECTION 2. Section 61-3-5, Mississippi Code of 1972, is amended as follows:

61-3-5. Any municipality or a state-supported institution of higher learning or a public community or junior college, by resolution, may create a public body, corporate and politic, to be known as a municipal airport authority, which shall be authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof. Upon the adoption of a resolution creating a municipal airport authority, the governing body of the municipality or of the state-supported institution of higher learning or other public community or junior college, pursuant to the resolution, shall appoint five (5) persons as commissioners of the authority. The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, each commissioner shall be appointed for a term of five (5) years, except that vacancies occurring otherwise than by the expiration of term shall be filled for the unexpired term in the same manner as the original appointments.

SECTION 3. Section 61-3-7, Mississippi Code of 1972, is amended as follows:

61-3-7. (1) Two (2) or more municipalities or two (2) or more municipalities and any state-supported institution of higher learning or a public community or junior college, by resolution of each, may create a public body, corporate and politic, to be known as a regional airport authority which shall be authorized to exercise its functions upon the issuance by the Secretary of State of a certificate of incorporation. The governing body of each municipality, the institution of higher learning or the public

community or junior college, pursuant to its resolution, shall appoint one (1) person as a commissioner of the authority. However, that if the regional airport authority consists of an even number of participants, which include two (2) or more municipalities or two (2) or more municipalities and a state institution of higher learning or a public community or junior college, an additional commissioner shall be appointed by the Governor. Such additional commissioner shall be a resident of a county other than the counties of the participating municipalities but contiguous to at least one (1) of such counties.

(2) A regional airport authority may be increased from time to time to serve one or more additional municipalities if each additional municipality and each of the municipalities and the institution of higher learning or the public community or junior college then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting thereto. If a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority shall consent to the inclusion of the municipality, institution of higher learning or the public community or junior college in the regional authority, and if the municipal authority has any bonds outstanding, unless the holders of fifty-one percent (51%) or more in amount of the bonds consent, in writing, to the inclusion of the municipality in the regional authority, no such inclusion shall be effected. Upon the inclusion of any municipality, institution of higher learning or the public community or junior college in the regional authority, all rights, contracts, obligations and property, real and personal, of the municipal authority shall be in the name of and vest in the regional authority.

(3) A regional airport authority may be decreased if each of the municipalities and the institution of higher learning or the public community or junior college then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provision for the retention or disposition of its assets and liabilities. However, if the regional authority has any bonds outstanding, no decrease shall be effected unless seventy-five percent (75%) or more of the holders of the bonds consent thereto in writing.

(4) A municipality, institution of higher learning or public community or junior college shall not adopt any resolution authorized by this section without a public hearing thereon. Notice thereof shall be given at least ten (10) days before the hearing in a newspaper published in the municipality, in the institution of higher learning or in the public community or junior college, or if there is no newspaper published therein, then in a newspaper having general circulation in the municipality, in the institution of higher learning or in the public community or junior college.

(5) At the expiration of the term of all commissioners serving as of January 1, 1978, the airport authority shall effect staggered terms by the drawing of lots and reporting thereon to appointing authorities. The commissioners shall be designated to serve for terms of one (1) year, two (2) years, three (3) years, four (4) years and so forth depending upon the number of participating appointing authorities. Thereafter, each commissioner shall be appointed for a term of five (5) years except that vacancies occurring otherwise than by expiration of terms shall be filled for the unexpired term in the same manner as the original appointment.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.