67-10-205. Joint airport board. (1) Public agencies acting jointly pursuant to 67-10-204 through 67-10-206 shall create a joint board that must consist of members appointed by the governing body of each participating public agency. Per diem and mileage of the joint board may be set by resolution of the board of county commissioners. The number of members to be appointed and their terms must be provided for in the joint agreement. A joint board shall organize, select officers for terms to be fixed by the agreement, and from time to time adopt and amend rules for its own procedure. The joint board may plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated. Subject to subsection (2), the board may exercise on behalf of its constituent public agencies all the powers of each public agency with respect to the airport, air navigation facility, or airport hazard.

(2) (a) The total expenditures to be made by the joint board for any purpose in any calendar year must be determined by a budget approved by the governing bodies of its constituent public agencies.

(b) An airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed by the joint agreement or allotted in the annual budget, may not be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.

(c) Eminent domain proceedings authorized under 67-10-204 through 67-10-206 and conducted as provided in Title 70, chapter 30, may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If authorized, eminent domain proceedings must be instituted in the names of the constituent public agencies jointly, and the property acquired must be held by the public agencies as tenants in common until conveyed by them to the joint board.

(d) The joint board may 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 consent, enter into the contract, lease, or other arrangements contemplated by 67-10-302.

(e) Any resolutions, rules, or orders of the joint board that deal with subjects authorized by 67-10-301 are effective only upon approval of the governing bodies of the constituent public agencies. Upon approval, the resolutions, rules, or orders of the joint board have the same force and effect in the territories or jurisdictions involved that the ordinance, resolutions, rules, or orders of each public agency would have in its own territory or jurisdiction.

History: En. Sec. 14, Ch. 288, L. 1947; amd. Sec. 1, Ch. 10, L. 1975; R.C.M. 1947, 1-821(c), (d); amd. Sec. 42, Ch. 125, L. 2001.