2-06-16. Joint operations
1. For the purposes of this section, unless otherwise qualified, the term "public agency"
includes municipality and authority, any agency of the state government and of the
United States, and any municipality, political subdivision, and agency of an adjoining
state; and the term "governing body" includes commissioners of an authority, the
governing body of a municipality, and the head of an agency of a state or the United
States if the public agency is not an authority or municipality. All powers, privileges,
and authority granted by this chapter may be exercised by an authority jointly with any
public agency of this state, and jointly with any public agency of any adjoining state or
of the United States to the extent that the laws of the other state or the United States
permit such joint exercise. Any agency of the state government, when acting jointly
with any authority, may exercise all the powers, privileges, and authority conferred by
this chapter upon an authority.
2. Any two or more public agencies may enter agreements with each other for joint action
under this section. Each agreement must specify its duration, the proportionate
interest that each public agency must have in the property, facilities, and privileges
involved in the joint undertaking, the proportion of costs to be borne by each public
agency, and other terms as necessary or required by law. The agreement may provide
for amendments and termination; disposal of the property, facilities, and privileges
jointly owned, before, or at such times as the property, facilities, and privileges cease
to be used for the purposes provided in this chapter, or upon termination of the
agreement; the distribution of the proceeds received upon any disposal, and of any
funds or other property jointly owned; the assumption of payment of any indebtedness
arising from the joint undertaking which remains unpaid upon the disposal of all assets
or upon a termination of the agreement; and other provisions as necessary or
convenient.
3. Public agencies acting jointly under this section shall create a joint board consisting of
members appointed by the governing body of each participating public agency. The
number to be appointed and the term and compensation of the members must be
provided for in the joint agreement. Each joint board shall organize, select officers for
terms that are fixed by the agreement, and adopt and amend rules for its own
procedure. The joint board, as agent of the participating public agencies, may plan,
acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate,
regulate, protect, and police any airport or airport hazard to be jointly acquired,
controlled, and operated, and the participating public agencies may authorize the joint
board to exercise all the powers of the constituent public agencies with respect to the
airport or airport hazard, subject to the limitations of subsection 4.
4. a. The total expenditures to be made by the joint board for any purpose in any
calendar year must be as determined by a budget approved by the constituent
public agencies on or before the preceding December first, or as otherwise
specifically authorized by the constituent public agencies.
b. No airport or 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
be acquired, established, or developed by the joint board without the approval of
the governing bodies of its constituent public agencies.
c. Subject to chapter 32-15, the joint board may institute eminent domain
proceedings under this section only if the governing bodies of the constituent
public agencies of the joint board authorize the board to do so. If authorized, the
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.
d. The joint board may not dispose of any airport or real property under its
jurisdiction except with the consent of the governing bodies of its constituent
public agencies, except the joint board may, without that consent, enter contracts,
leases, or other arrangements contemplated by section 2-06-11.
e. Any resolutions, rules, or orders of the joint board dealing with subjects
authorized by section 2-06-11 become effective only upon approval of the
governing bodies of the constituent public agencies. Upon the approval, the
resolutions, rules, or orders of the joint board have the same effect in the
territories or jurisdictions involved as the ordinances, resolutions, rules, or orders
of each public agency would have in its territory or jurisdiction.
5. The joint board shall create a joint fund for the purpose of providing the joint board with
moneys for necessary expenditures to carry out this section, and into which must be
deposited the share of each of the constituent public agencies as provided by the joint
agreement. Any federal, state, or other grants, contributions, or loans, and the
revenues obtained from the joint ownership, control, and operation of any airport under
the jurisdiction of the joint board must be paid into the joint fund. Disbursements from
the fund must be made by order of the board, subject to the limitations prescribed in
subsection 4.
