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Minnesota Legislature

Office of the Revisor of Statutes

360.042 JOINT OPERATION; JOINT POWERS BOARD.
    Subdivision 1. Municipalities may act jointly. All powers, rights, and authority granted to
any municipality in sections 360.011 to 360.076, may be exercised and enjoyed by two or more
municipalities, or by this state and one or more municipalities therein, acting jointly, either within
or without the territorial limits of either or any of said municipalities and within or without this
state or any municipality therein acting jointly with any other state or municipality therein, either
within or without this state; provided the laws of such other state permit such joint action. If the
United States government approves, such joint action may be taken by this state and the Dominion
of Canada or its governmental subdivisions.
    Subd. 2. State may act as municipality. For the purposes of this section only, unless another
intention clearly appears or the context otherwise requires, this state shall be included in the term
"municipality," and all the powers conferred upon municipalities in sections 360.011 to 360.076,
if not otherwise conferred by law, are hereby conferred upon this state when acting jointly with
any municipality or municipalities. Where reference is made to the "governing body" of a
municipality, that term shall mean, as to the state, the commissioner.
    Subd. 3. Concurrent action. Any two or more municipalities may enter into agreements
with each other, duly authorized by ordinance or resolution, as may be appropriate, for joint
action pursuant to the provisions of this section. Concurrent action by the governing bodies of the
municipalities involved shall constitute joint action.
    Subd. 4. Provisions of joint agreements. Each such agreement shall specify its term; the
proportionate interest which each municipality shall have in the property, facilities, and privileges
involved; and the proportion of preliminary costs, of costs of acquisition, establishment,
construction, enlargement, improvement, and equipment, and of expenses of maintenance,
operation, and regulation to be borne by each; and make such other provisions as may be
necessary to carry out the provisions of this section. It shall provide for amendments thereof and
for conditions and methods of termination, for the disposition of all or any part of the property,
facilities, and privileges jointly owned if said property, facilities, and privileges, or any part
thereof, shall cease to be used for the purposes herein provided or if the agreement shall be
terminated, and for the distribution of the proceeds received upon any such disposition, and of any
funds or other property jointly owned and undisposed of, and the assumption or payment of any
indebtedness arising from the joint venture which remains unpaid, upon any such disposition or
upon a termination of the agreement.
    Subd. 5. Establishment of board. Municipalities acting jointly as herein authorized shall
create a board from the inhabitants of such municipalities for the purpose of acquiring property
for establishing, constructing, enlarging, improving, maintaining, equipping, operating, and
regulating the airports and other air navigation facilities and airport protection privileges to be
jointly acquired, controlled, and operated. Such board shall consist of members to be appointed
by the governing body of each municipality involved, the number to be appointed by each to be
provided for by the agreement for the joint venture. Each member shall serve for such time and
upon such terms as to compensation, if any, as may be provided for in the agreement.
    Subd. 6. Organization of board. Each such board shall organize, select officers for terms to
be fixed by the agreement, and adopt and from time to time amend rules of procedure.
    Subd. 7. Powers of board. Such board may exercise, on behalf of the municipalities acting
jointly by which it is appointed, all the powers of each of such municipalities granted by sections
360.011 to 360.076, except as herein provided. Real property, airports, restricted landing areas,
air protection privileges, or personal property costing in excess of a sum to be fixed by the
joint agreement may be acquired, and condemnation proceedings may be instituted, only by
authority of the governing bodies of each of the municipalities involved. The total amount of
expenditures to be made by the board for any purpose in any calendar year shall be determined by
the municipalities involved by the approval by each on or before the preceding December 1st
of a budget for the ensuing calendar year. Rules provided for by section 360.038, subdivision 3,
shall become effective only upon approval of each of the appointing governing bodies. No real
property and no airport, other air navigation facility, or air protection privilege, owned jointly,
shall be disposed of by the board, by sale, lease, or otherwise, except by authority of all the
appointing governing bodies, but the board may lease space, area, or improvements and grant
concessions on airports for aeronautical purposes or purposes incidental thereto, subject to the
provisions of section 360.038, subdivision 4.
    Subd. 8. Enacting ordinances. Each municipality, acting jointly with another, pursuant to
the provisions of this section, is authorized and empowered to enact, concurrently with the other
municipalities involved, such ordinances as are provided for by section 360.038, subdivision 3,
and to fix by such ordinances penalties for the violation thereof, which ordinances, when so
concurrently adopted, shall have the same force and effect within the municipalities and on any
property jointly controlled by them or adjacent thereto, whether within or without the territorial
limits of either or any of them, as ordinances of each municipality involved, and may be enforced
in any one of said municipalities in like manner as are its individual ordinances. The consent of
the commissioner to any such ordinance, where the state is a party to the joint venture, shall be
equivalent to the enactment of the ordinance by a municipality. The publication provided for
in section 360.038, subdivision 3, shall be made in each municipality involved in the manner
provided by law or charter for publication of its individual ordinances.
    Subd. 9. Condemnation proceeding. Condemnation proceedings shall be instituted in the
names of the municipalities jointly, and the property acquired shall be held by the municipalities
as tenants in common. The provisions of section 360.032, subdivision 2, shall apply to such
proceedings.
    Subd. 10. Joint fund. For the purpose of providing funds for necessary expenditures in
carrying out the provisions of this section, a joint fund shall be created and maintained, into
which each of the municipalities involved shall deposit its proportionate share as provided by
the joint agreement. Funds to be deposited shall be provided for by bond issues, tax levies,
and appropriations made by each municipality in the same manner as though it were acting
separately under the authority of sections 360.011 to 360.076. However, a municipality may
issue bonds on behalf of other parties to the joint agreement, which shall be treated as being
issued by each of the parties in proportion to their respective proportionate share as provided
by the joint agreement. Each municipality shall also pay into the fund the revenues obtained
from the ownership, control, and operation of the airports and other air navigation facilities
jointly controlled, to be expended as provided in section 360.037, subdivision 3. Revenues in
excess of cost of maintenance and operating expenses of the joint properties shall be divided as
may be provided in the original agreement for the joint venture. When a county and a city are
parties to a joint agreement as provided in subdivision 1 and the city is located in whole or in part
within the geographic boundaries of the county, then the county's proportionate share shall be
based on the net tax capacity of all property within the county, excepting the net tax capacity of
that property located within the city, and any levy for airport purposes by the county shall not
be levied against taxable property in the city, other than a levy under section 475.61 to pay debt
service on general obligation bonds of the county.
    Subd. 11. Disbursements. All disbursements from such fund shall be made by order of the
board in accordance with such rules and regulations and for such purposes as the appointing
governing bodies, acting jointly, shall prescribe.
    Subd. 12. Specific performance. Specific performance of the provisions of any joint
agreement entered into as provided for in this section may be enforced as against any party
thereto by the other party or parties thereto.
    Subd. 13. Joint operation in Canada. Subject to approval by the United States government,
the powers set forth herein shall also apply to any joint airport agreement between the state of
Minnesota and the Dominion of Canada or its governmental subdivisions.
    Subd. 14. Airports out of state; application of state law. Any airport located outside
this state shall be treated under this chapter as an airport located within this state if that airport
is acquired, constructed, operated, or maintained pursuant to a joint agreement between a
municipality in this state and an adjoining state or municipality therein. The commissioner shall
not expend state money to pay the cost of any project at any such airport except to assist a
municipality in this state to pay its share of the costs of the project as set forth in a joint agreement.
History: 1945 c 303 s 20; 1975 c 224 s 2,3; 1977 c 211 s 1; 1978 c 674 s 58; 1985 c 248 s
70; 1994 c 587 art 5 s 20