Montana Code 67-10-302. Granting of operation and use privileges
67-10-302. Granting of operation and use privileges. (1) In operating an airport or air navigation facility owned, leased, or controlled by a municipality, the municipality may, except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405, enter into contracts, leases, and other arrangements for a term not exceeding 40 years with any persons:
Terms Used In Montana Code 67-10-302
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)granting the privilege of using or improving the airport or air navigation facility or any portion or facility of or space in the airport or air navigation facility for commercial purposes;
(b)conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility; or
(c)making available services to be furnished by the municipality or its agents at the airport or air navigation facility.
(2)In each case, the municipality may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service.
(3)Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405, a municipality may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 40 years the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality; provided that the person may not be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the municipality might not have undertaken under subsections (1) and (2).