Senate Introduced Bill B00690

SENATE BILL No. 690

October 3, 2001, Introduced by Senators STEIL, STILLE, BENNETT, EMMONS,

VAN REGENMORTER, GOUGEON, NORTH, HART, SHUGARS, GARCIA,

GOSCHKA, JOHNSON, MC MANUS, SCHUETTE, SCHWARZ and SIKKEMA

and referred to the Committee on Detroit Metro Airport Review.

A bill to amend 1945 PA 327, entitled

"Aeronautics code of the state of Michigan,"

by amending section 133 (MCL 259.133), as amended by 1996 PA 370,

and by adding sections 126d, 126e, 126f, 126g, 126h, 126i, and

126j.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 126D. (1) SECTIONS 126D TO 126J SHALL BE KNOWN AND MAY

2 BE CITED AS THE "OVERSIGHT AND ETHICS IN CONTRACTING LAW". THE

3 OVERSIGHT AND ETHICS IN CONTRACTING LAW APPLIES EXCLUSIVELY TO

4 QUALIFIED AIRPORTS. A QUALIFIED AIRPORT AND THE POLITICAL SUBDI-

5 VISION THAT OPERATES THE QUALIFIED AIRPORT ARE SUBJECT TO AND

6 SHALL COMPLY WITH THE OVERSIGHT AND ETHICS IN CONTRACTING LAW.

7 (2) AS USED IN SECTIONS 126D TO 126J:

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1 (A) "ENPLANEMENT" MEANS 1 INDIVIDUAL PASSENGER'S DEPARTURE

2 FROM AN AIRPORT TO A DIFFERENT AIRPORT, OR ARRIVAL AT AN AIRPORT

3 FROM A DIFFERENT AIRPORT, ON A SCHEDULED AIRLINE FLIGHT.

4 (B) "EXECUTIVE DIRECTOR" MEANS THE INDIVIDUAL HIRED BY A

5 QUALIFIED AIRPORT BOARD UNDER SECTION 126H.

6 (C) "QUALIFIED AIRPORT" MEANS AN AIRPORT THAT A POLITICAL

7 SUBDIVISION OPERATES AND THAT, WITHIN ANY GIVEN 12-MONTH PERIOD,

8 HAS MORE THAN 10,000,000 ENPLANEMENTS.

9 (D) "QUALIFIED AIRPORT BOARD" MEANS AN OVERSIGHT AND ETHICS

10 IN CONTRACTING BOARD CREATED IN SECTION 126E.

11 SEC. 126E. (1) FOR EACH QUALIFIED AIRPORT IN THIS STATE,

12 THERE IS CREATED IN THE DEPARTMENT AN OVERSIGHT AND ETHICS IN

13 CONTRACTING BOARD. A QUALIFIED AIRPORT BOARD SHALL CONSIST OF

14 THE FOLLOWING MEMBERS:

15 (A) TWO MEMBERS APPOINTED BY THE GOVERNOR, 1 OF WHOM THE

16 GOVERNOR SHALL DESIGNATE AS THE QUALIFIED AIRPORT BOARD

17 CHAIRPERSON.

18 (B) THE FOLLOWING 7 MEMBERS BY VIRTUE OF THEIR OFFICES:

19 (i) THE COUNTY EXECUTIVE OR, IF THERE IS NO COUNTY EXECU-

20 TIVE, THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS FROM

21 THE COUNTY IN WHICH THE QUALIFIED AIRPORT IS LOCATED AND FROM

22 EACH OF THE 2 COUNTIES WITH THE LARGEST POPULATIONS AMONG THE

23 COUNTIES CONTIGUOUS TO THE COUNTY IN WHICH THE QUALIFIED AIRPORT

24 IS LOCATED.

25 (ii) THE MAYOR OF THE CITY WITH THE LARGEST POPULATION IN

26 THE COUNTY IN WHICH THE QUALIFIED AIRPORT IS LOCATED.

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1 (iii) THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT.

2 (iv) THE STATE TREASURER.

3 (v) THE DIRECTOR OF THE STATE DEPARTMENT OF MANAGEMENT AND

4 BUDGET.

5 (2) FOR EACH AIRPORT THAT IS A QUALIFIED AIRPORT ON THE

6 EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL MAKE THE

7 GOVERNOR'S 2 APPOINTMENTS, DESIGNATING THE QUALIFIED AIRPORT

8 BOARD CHAIRPERSON, WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF

9 THIS SECTION. FOR AN AIRPORT THAT BECOMES A QUALIFIED AIRPORT

10 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL MAKE

11 THE GOVERNOR'S 2 APPOINTMENTS, DESIGNATING THE QUALIFIED AIRPORT

12 BOARD CHAIRPERSON, WITHIN 30 DAYS AFTER THE DATE THE AIRPORT

13 BECOMES A QUALIFIED AIRPORT.

14 (3) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A QUAL-

15 IFIED AIRPORT BOARD MEMBER SHALL SERVE A 3-YEAR TERM OR UNTIL A

16 SUCCESSOR IS APPOINTED, WHICHEVER IS LATER. A QUALIFIED AIRPORT

17 BOARD MEMBER MAY BE REAPPOINTED TO THE QUALIFIED AIRPORT BOARD.

18 THE GOVERNOR MAY REMOVE A GUBERNATORIALLY APPOINTED MEMBER OF A

19 QUALIFIED AIRPORT BOARD FOR INCOMPETENCE, DERELICTION OF DUTY,

20 MALFEASANCE, MISFEASANCE, OR NONFEASANCE IN OFFICE OR FOR OTHER

21 GOOD CAUSE.

22 SEC. 126F. (1) THE CHAIRPERSON OF A QUALIFIED AIRPORT BOARD

23 SHALL CALL THE FIRST MEETING OF THE QUALIFIED AIRPORT BOARD.

24 AFTER THE FIRST MEETING, A QUALIFIED AIRPORT BOARD SHALL MEET AT

25 LEAST MONTHLY OR, AT THE CALL OF THE CHAIRPERSON OR REQUEST OF 2

26 OR MORE MEMBERS, MORE FREQUENTLY.

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1 (2) A MAJORITY OF A QUALIFIED AIRPORT BOARD CONSTITUTES A

2 QUORUM FOR THE TRANSACTION OF BUSINESS AT A QUALIFIED AIRPORT

3 BOARD MEETING. A MAJORITY VOTE OF ALL THE QUALIFIED AIRPORT

4 BOARD MEMBERS IS REQUIRED FOR QUALIFIED AIRPORT BOARD ACTION.

5 (3) THE BUSINESS THAT A QUALIFIED AIRPORT BOARD MAY PERFORM

6 SHALL BE CONDUCTED AT A PUBLIC MEETING OF THE QUALIFIED AIRPORT

7 BOARD HELD IN COMPLIANCE WITH THE OPEN MEETINGS ACT, 1976 PA 262,

8 MCL 15.261 TO 15.275. A WRITING PREPARED, OWNED, USED, IN THE

9 POSSESSION OF, OR RETAINED BY A QUALIFIED AIRPORT BOARD IN THE

10 PERFORMANCE OF AN OFFICIAL FUNCTION IS SUBJECT TO THE FREEDOM OF

11 INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246.

12 (4) A QUALIFIED AIRPORT BOARD MEMBER SERVES WITHOUT

13 COMPENSATION. HOWEVER, A QUALIFIED AIRPORT BOARD MEMBER MAY BE

14 REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PER-

15 FORMANCE OF THE MEMBER'S OFFICIAL QUALIFIED AIRPORT BOARD DUTIES.

16 SEC. 126G. (1) A QUALIFIED AIRPORT BOARD SHALL REVIEW A

17 CONTRACT TO WHICH THE QUALIFIED AIRPORT WILL BE A PARTY BEFORE

18 THE QUALIFIED AIRPORT ENTERS INTO THE CONTRACT. A QUALIFIED AIR-

19 PORT BOARD SHALL NOT PUT A CONTRACT TO A VOTE UNTIL IT RECEIVES A

20 WRITTEN OPINION PREPARED BY LEGAL COUNSEL REGARDING THE

21 CONTRACT'S COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAW. THE

22 QUALIFIED AIRPORT SHALL NOT SIGN OR OTHERWISE EXECUTE A CONTRACT

23 UNTIL IT IS FIRST APPROVED BY A MAJORITY VOTE OF THE QUALIFIED

24 AIRPORT BOARD AND IS SUBSEQUENTLY APPROVED BY EACH OTHER ENTITY

25 WHOSE APPROVAL OF A CONTRACT IS REQUIRED.

26 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A

27 QUALIFIED AIRPORT BOARD SHALL REVIEW EACH CHANGE ORDER FOR A

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1 CONTRACT TO WHICH THE QUALIFIED AIRPORT IS A PARTY, INCLUDING A

2 CONTRACT THAT EXISTS ON THE EFFECTIVE DATE OF THIS SECTION. A

3 QUALIFIED AIRPORT SHALL NOT APPROVE A CHANGE ORDER WITHOUT IT

4 FIRST BEING APPROVED BY ITS QUALIFIED AIRPORT BOARD AND SUBSE-

5 QUENTLY APPROVED BY EACH OTHER ENTITY WHOSE APPROVAL OF A CHANGE

6 ORDER IS REQUIRED. A QUALIFIED AIRPORT BOARD MAY AUTHORIZE THE

7 EXECUTIVE DIRECTOR TO REVIEW AND APPROVE THOSE CHANGE ORDERS FOR

8 A CONTRACT THAT CUMULATIVELY TOTAL $50,000.00 OR LESS.

9 (3) A QUALIFIED AIRPORT BOARD SHALL REVIEW EACH EXTENSION OF

10 A TIME PERIOD FOR PERFORMANCE UNDER A CONTRACT TO WHICH THE QUAL-

11 IFIED AIRPORT IS A PARTY, INCLUDING A CONTRACT THAT EXISTS ON THE

12 EFFECTIVE DATE OF THIS SECTION. A QUALIFIED AIRPORT SHALL NOT

13 APPROVE AN EXTENSION WITHOUT IT FIRST BEING APPROVED BY ITS QUAL-

14 IFIED AIRPORT BOARD AND SUBSEQUENTLY APPROVED BY EACH OTHER

15 ENTITY WHOSE APPROVAL OF AN EXTENSION IS REQUIRED.

16 (4) A QUALIFIED AIRPORT BOARD SHALL MONITOR THE PERFORMANCE

17 OF EACH CONTRACT TO WHICH THE QUALIFIED AIRPORT IS A PARTY,

18 INCLUDING A CONTRACT THAT EXISTS ON THE EFFECTIVE DATE OF THIS

19 SECTION, TO ENSURE EXECUTION OF THE CONTRACT WITHIN THE BUDGET

20 AND TIME PERIODS STATED IN THE CONTRACT UNDER ITS ORIGINAL

21 PROVISIONS. THE MONITORING SHALL INCLUDE OVERSIGHT AS TO WHETHER

22 THE CONTRACT IS BEING PERFORMED IN COMPLIANCE WITH THE TERMS OF

23 THE CONTRACT, WITH FEDERAL, STATE, AND LOCAL LAW GOVERNING CON-

24 TRACTING, AND WITH THE ETHICAL STANDARDS PRESCRIBED UNDER SUBSEC-

25 TION (5). A QUALIFIED AIRPORT BOARD SHALL ESTABLISH WRITTEN PRO-

26 CEDURES THAT PRESCRIBE CONTRACT MONITORING IN A MANNER DESIGNED

27 TO ENSURE COMPLIANCE WITH AND TIMELY COMPLETION OF A CONTRACT.

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1 (5) A QUALIFIED AIRPORT BOARD SHALL PROMULGATE AND IMPLEMENT

2 RULES ESTABLISHING ETHICAL STANDARDS FOR AWARDING AND MONITORING

3 CONTRACTS AT THE QUALIFIED AIRPORT. THE STANDARDS SHALL INCLUDE,

4 BUT ARE NOT LIMITED TO, ALL OF THE FOLLOWING:

5 (A) GUIDELINES THAT SET FORTH A TIME PERIOD WITHIN WHICH A

6 FORMER EMPLOYEE OF A QUALIFIED AIRPORT OR THE QUALIFIED AIRPORT

7 BOARD MAY NOT BE EMPLOYED BY A BUSINESS ORGANIZATION DOING BUSI-

8 NESS WITH THE QUALIFIED AIRPORT.

9 (B) GUIDELINES THAT DEFINE A CONFLICT OF INTEREST AND THE

10 MEANS AND METHOD OF DISCLOSURE OF A CONFLICT OF INTEREST OF AN

11 EMPLOYEE OF THE QUALIFIED AIRPORT THAT ARE DESIGNED TO PROMOTE

12 PUBLIC CONFIDENCE IN CONTRACTING AT THE QUALIFIED AIRPORT.

13 SEC. 126H. (1) IN ADDITION TO THE REQUIREMENTS OF SECTION

14 126G, A QUALIFIED AIRPORT BOARD SHALL DO ALL OF THE FOLLOWING:

15 (A) HIRE AN EXECUTIVE DIRECTOR. THE EXECUTIVE DIRECTOR

16 SHALL BE RESPONSIBLE TO THE QUALIFIED AIRPORT BOARD FOR THE OVER-

17 ALL IMPLEMENTATION AND EXECUTION OF THE QUALIFIED AIRPORT BOARD'S

18 DIRECTIVES.

19 (B) HIRE LEGAL COUNSEL TO REPRESENT THE QUALIFIED AIRPORT

20 BOARD IN ALL LEGAL MATTERS.

21 (C) HIRE SUFFICIENT STAFF TO CARRY OUT THE ACTIVITIES

22 REQUIRED OR AUTHORIZED UNDER THE OVERSIGHT AND ETHICS IN CON-

23 TRACTING LAW, INCLUDING ATTORNEYS AND AUDITORS. A QUALIFIED AIR-

24 PORT BOARD SHALL EMPLOY NOT LESS THAN 1 AUDITOR FOR EACH

25 2,000,000 ENPLANEMENTS OR FRACTION OF 2,000,000 ENPLANEMENTS AT

26 THE QUALIFIED AIRPORT.

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1 (D) TRANSMIT TO THE SECRETARY OF THE SENATE, CLERK OF THE

2 HOUSE OF REPRESENTATIVES, SENATE MAJORITY AND MINORITY LEADERS,

3 SPEAKER OF THE HOUSE, HOUSE MINORITY LEADER, AND GOVERNOR ALL OF

4 THE FOLLOWING:

5 (i) NOT LATER THAN 35 DAYS AFTER THE CLOSE OF EACH FISCAL

6 YEAR OF THE QUALIFIED AIRPORT, A REPORT ON THE QUALIFIED AIRPORT

7 BOARD'S ACTIVITIES DURING THAT PREVIOUS FISCAL YEAR.

8 (ii) NOT LATER THAN 35 DAYS AFTER THE COMPLETION OF AN AUDIT

9 BY THE QUALIFIED AIRPORT BOARD, THE RESULTS OF THE AUDIT.

10 (2) A QUALIFIED AIRPORT BOARD GOVERNS THE COMPENSATION AND

11 EXPENDITURES OF THE QUALIFIED AIRPORT BOARD'S EMPLOYEES.

12 (3) A QUALIFIED AIRPORT BOARD'S EXPENSES FOR CARRYING OUT

13 THE ACTIVITIES REQUIRED AND AUTHORIZED UNDER THE OVERSIGHT AND

14 ETHICS IN CONTRACTING LAW, INCLUDING WAGES, BENEFITS, AND EQUIP-

15 MENT AND SUPPLY COSTS, SHALL BE PAID WITH REVENUE FROM THE OPERA-

16 TION OF THE QUALIFIED AIRPORT.

17 SEC. 126I. (1) A QUALIFIED AIRPORT BOARD HAS THE AUTHORITY

18 TO DO 1 OR MORE OF THE FOLLOWING:

19 (A) CONDUCT A FINANCIAL OR PERFORMANCE AUDIT OF ANY ASPECT

20 OF THE OPERATION OF THE QUALIFIED AIRPORT INCLUDING, BUT NOT

21 LIMITED TO, BONDING, ACCOUNTING AND BUDGET, CAPITAL IMPROVEMENT

22 PROGRAM, OR INVENTORY CONTROL OR ANY OTHER ASPECT OF THE ACQUISI-

23 TION, ESTABLISHMENT, CONSTRUCTION, MAINTENANCE, OR IMPROVEMENT OF

24 THE QUALIFIED AIRPORT.

25 (B) RECEIVE, REVIEW, AND MAKE AN ACCOUNTING OF ALL QUALIFIED

26 AIRPORT REAL OR PERSONAL PROPERTY THAT IS PURCHASED WITH MONEY

27 APPROPRIATED BY FEDERAL, STATE, OR LOCAL GOVERNMENT.

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1 (C) PROMULGATE RULES TO GOVERN THE CONTROL, SUPERVISION,

2 MANAGEMENT, AND OVERSIGHT OF A CONTRACT TO WHICH THE QUALIFIED

3 AIRPORT IS A PARTY.

4 (D) SUBJECT TO SUBSECTION (2) AND UNLESS OTHERWISE PROVIDED

5 BY LAW, DELEGATE TO THE EXECUTIVE DIRECTOR SPECIFIC DUTIES AND

6 AUTHORITY RELATING TO THE DAY-TO-DAY OPERATION.

7 (2) THE QUALIFIED AIRPORT BOARD SHALL NOT DELEGATE TO OR

8 AUTHORIZE ITS EXECUTIVE DIRECTOR TO DO ANY OF THE FOLLOWING:

9 (A) APPOINT A SUCCESSOR OF THE EXECUTIVE DIRECTOR.

10 (B) AUTHORIZE THE APPROVAL OF A CHANGE ORDER OF A CONTRACT,

11 TO WHICH THE QUALIFIED AIRPORT IS A PARTY, THAT INVOLVES A CUMU-

12 LATIVE AMOUNT OVER $50,000.00.

13 (C) APPOINT OR HIRE LEGAL COUNSEL FOR THE QUALIFIED AIRPORT

14 BOARD.

15 (D) PRESCRIBE THE ETHICAL STANDARDS OF THE QUALIFIED AIRPORT

16 BOARD OR ITS EMPLOYEES.

17 (3) WHEN CONDUCTING A FINANCIAL OR PERFORMANCE AUDIT UNDER

18 THIS SECTION, THE QUALIFIED AIRPORT BOARD AND AN AUTHORIZED

19 EMPLOYEE OF THE QUALIFIED AIRPORT BOARD SHALL HAVE ACCESS TO AND

20 AUTHORITY TO EXAMINE ALL BOOKS, ACCOUNTS, REPORTS, VOUCHERS, COR-

21 RESPONDENCE, FILES, BANK ACCOUNTS, AND OTHER RECORDS OR PROPERTY

22 OF THE QUALIFIED AIRPORT. A QUALIFIED AIRPORT OFFICER OR

23 EMPLOYEE SHALL PRODUCE ALL BOOKS, ACCOUNTS, REPORTS, VOUCHERS,

24 CORRESPONDENCE, FILES, BANK ACCOUNTS, AND OTHER RECORDS OR PROP-

25 ERTY OF THE QUALIFIED AIRPORT AS REQUESTED BY THE QUALIFIED AIR-

26 PORT BOARD OR AN AUTHORIZED EMPLOYEE OF THE QUALIFIED AIRPORT

27 BOARD. A QUALIFIED AIRPORT OFFICER OR EMPLOYEE SHALL NOT

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1 OBSTRUCT AND SHALL FACILITATE THE QUALIFIED AIRPORT BOARD'S OR

2 AUTHORIZED EMPLOYEE'S ACCESS AND EXAMINATION OF THE REQUESTED

3 BOOKS, ACCOUNTS, REPORTS, VOUCHERS, CORRESPONDENCE, FILES, BANK

4 ACCOUNTS, AND OTHER RECORDS OR PROPERTY.

5 SEC. 126J. THE POLITICAL SUBDIVISION OPERATING A QUALIFIED

6 AIRPORT SHALL NOT ESTABLISH OR MAINTAIN A LAW ENFORCEMENT AGENCY

7 WHOSE JURISDICTION IS EXCLUSIVELY THE QUALIFIED AIRPORT. THE LAW

8 ENFORCEMENT AGENCY OF A POLITICAL SUBDIVISION OPERATING A QUALI-

9 FIED AIRPORT SHALL PROVIDE THE LAW ENFORCEMENT SERVICES AT THE

10 QUALIFIED AIRPORT.

11 Sec. 133. In SUBJECT TO SECTIONS 126D THROUGH 126J, IN

12 addition to the general powers conferred by this act, a political

13 subdivision that has established or establishes an airport, land-

14 ing field, or other aeronautical facility may do 1 or more of the

15 following:

16 (a) Vest authority for the construction, enlargement,

17 improvement, maintenance, equipment, operation, and regulation of

18 the airport, landing field, or other aeronautical facility, in an

19 officer, a board, or body of a political subdivision, by ordi-

20 nance or resolution that prescribes the powers and duties of the

21 officer, board, or body. ~~In counties operating under the county~~

22 ~~road system with a population of more than 2,000,000, the board~~

23 ~~of county road commissioners may implement this section for that~~

24 ~~county.~~

25 (b) Employ a regular airport manager for the airport, land-

26 ing field, or other aeronautical facility under its control, or

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1 in cases where an airport board or body is established, the

2 airport manager may be employed by the board or body.

3 (c) Adopt and amend all necessary rules, regulations, and

4 ordinances, for the management, government, and use of any prop-

5 erties under its control, whether within or outside of its terri-

6 torial limits; appoint airport guards; ~~or police, with full~~

7 ~~police powers;~~ establish penalties for the violation of the

8 rules, regulations, and ordinances, and enforce the penalties.

9 (d) Adopt and enact rules, regulations, and ordinances

10 designed to safeguard the public upon or beyond the limits of

11 private airports, landing fields, or other aeronautical facili-

12 ties within the political subdivision or its police jurisdiction

13 against the perils and hazards of instrumentalities used in

14 aerial navigation. Rules adopted pursuant to this subdivision

15 shall be consistent with and conform as nearly as possible with

16 the laws of this state and the rules of the state transportation

17 department.

18 (e) Lease for a term of years, donate, or sell, the airport,

19 landing field, or other aeronautical facility, or buildings and

20 structures relating to the airport, landing field, or other aero-

21 nautical facility, or real property acquired or set apart for

22 these purposes, to any person or persons, any other political

23 subdivision or the state, or the federal government, or any

24 department of a political subdivision, or the state or federal

25 government, either exclusively or in common with others, for

26 operation and public use; confer the privileges of concessions of

27 supplying upon its airports goods, commodities, things, services,

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1 and facilities; enter into leases, contracts, agreements, or

2 grants of privileges of concessions with any person or persons,

3 any other political subdivision or the state government or the

4 federal government, or any department of a political subdivision

5 or the state or federal government, for the operation, use, or

6 occupancy, either exclusively or in common with others, of all or

7 any part of the airport, landing field, or other aeronautical

8 facility, including any buildings and structures of the airport,

9 landing field, or aeronautical facility, under its control, for a

10 term or terms not to exceed 50 years, establishing the charges,

11 rentals, or fees at a fixed or variable rate binding upon the

12 parties for the full term of the lease, contract, agreement, or

13 grant, which lease, contract, agreement, or grant may provide for

14 the resolution of disputes or for the fixing of variable terms

15 through arbitration or similar procedure. The terms, charges,

16 rentals, and fees shall be equal and uniform for the same type of

17 facilities provided, services rendered, or privileges granted

18 with no discrimination between users of the same class for like

19 facilities provided, services rendered, or privileges granted.

20 However, the public shall not be deprived of its rightful, equal,

21 and uniform use of facilities provided, services rendered, or

22 privileges granted. Terms, charges, rentals, and fees may vary

23 if necessary, to provide security and funds for payment of bonds

24 to be issued as authorized by this act to finance improvements to

25 any airport, or to allow for other differing costs of financing,

26 construction of facilities, or maintenance and operation of the

27 facility.

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1 (f) Sell, donate, or lease any property, real or personal,

2 acquired for such purposes and belonging to the political subdi-

3 vision, which in the judgment of its governing body, may not be

4 subsequently required for aeronautic purposes, in accordance with

5 the laws of this state, or the provisions of the charter of the

6 political subdivision, governing the sale or leasing of similarly

7 owned property.

8 (g) Determine the charges, rentals, or fees for the use of

9 any properties under its control, and the charges for any serv-

10 ices or accommodations, and the terms and conditions under which

11 the properties may be used, which rentals, fees, charges, terms,

12 and conditions shall be equal and uniform for the same type of

13 use provided, services rendered, or accommodations granted with

14 no discrimination between users of the same class for like use

15 provided, services rendered, or accommodations granted, except

16 that any charges, rentals, and fees as may be fixed or determined

17 by any lease, contract, agreement, or grant of privileges of con-

18 cessions to which the political subdivision is a party or is the

19 grantor, shall be binding upon all parties for the full term pre-

20 scribed in the lease, contract, agreement, or grant unless the

21 same is sooner modified or terminated by mutual consent of the

22 parties. However, the public shall not be deprived of its right-

23 ful, equal, and uniform use of such property. Terms, charges,

24 rentals, and fees may vary if necessary, to provide security and

25 funds for payment of bonds to be issued as authorized by this act

26 to finance improvements to any airport, or to allow for other

27 differing costs of financing, construction of facilities, or

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1 maintenance and operation of any such facility. Liens may be

2 attached and enforced by law, as provided in such cases, and

3 their enforcement, for repairs to or improvements or storage or

4 care of any personal property, to enforce the payment of the

5 charges.

6 (h) Exercise all powers necessarily incidental to the exer-

7 cise of the general and special powers granted under this

8 section.

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