N.Y. General Municipal Law 352 – Equipment, maintenance and operation
§ 352. Equipment, maintenance and operation. The local legislative body of a city, or board of supervisors of a county, or board of trustees of a village, or town board of a town, which has established an airport or landing field and has acquired, leased or set apart real property for such purpose, or has entered into an agreement to operate an airport as a public airport or hereafter does so establish, acquire, lease, or enter into such agreement, or where two or more municipalities shall have established or hereafter do establish a joint airport or landing field pursuant to section three hundred fifty-three-a of this article the local legislative bodies thereof in joint session, may:
Terms Used In N.Y. General Municipal Law 352
- Contract: A legal written agreement that becomes binding when signed.
- Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
1. Construct, develop, improve, equip, maintain and operate the same.
2. Adopt regulations and establish fees or charges for the use thereof, and fix civil penalties for the violation of such regulations and provide for their enforcement.
3. Provide and charge for all services, concessions or other usual or incidental facilities rendered, conducted or maintained thereat.
4. Purchase and sell aviation petroleum products, aircraft assessories and parts, and provide and charge for the servicing and repairing of aircraft, and for all other services reasonably necessary or incidental to the operation of such airport or landing field.
5. Lease, or sub-lease the real property or lease, contract or otherwise agree, on an exclusive or non-exclusive basis, for the entire operation of such airport or landing field, or of any part thereof, or for the rendering of various services, or the conduct of business activities, on or at said airport or landing field subject to the provisions of section three hundred fifty-two-a of this chapter; provided, however, that no such lease or contract shall be made until the governing body of the municipality shall have held a public hearing in respect thereto on at least ten days notice published in two newspapers having general circulation in the municipality, and provided further that any lease of an entire or portion of an airport or landing field, together with the facilities thereon, or contract for the operation of an airport or landing field or portion thereof shall be for a term not exceeding forty years and shall expressly provide that the said airport or landing field shall be used only for aviation purposes and for other purposes required for or necessary to the efficient and successful operation of an airport or landing field, upon such terms as shall require the operation of the same as a public airport or landing field for the general use of the public and for the benefit of such city, county, village or town. Notwithstanding the provisions of any general or local law to the contrary, any municipality which was a party to an agreement in effect on or prior to January first, nineteen hundred sixty for the operation of an airport or landing field may, enter into an amended and supplemental agreement for a period not exceeding fifteen years beyond the expiration date of the existing agreement with such additional modifications in the terms of the agreement consistent with the provisions of this chapter, as may be approved by the governing body of the municipality after a public hearing in respect thereto on at least ten days notice given in the manner provided in this subdivision.
5-a. Notwithstanding the provisions of paragraph five of this section or any other provision of law to the contrary, any town in Suffolk county may lease, for a term not exceeding forty years, real property acquired for an airport or landing field, and not necessary for the efficient and proper operation of the airport or landing field, for such other purposes as the governing board may determine, provided such other purposes do not interfere with the proper and efficient operation of the remainder of the airport or landing field. Any such lease shall be subject to requirement of a public hearing as set forth in paragraph five of this section.
5-b. Notwithstanding the provisions of subdivision five of this section or any other provision of law to the contrary, the county of Oneida may lease, for a term not exceeding forty years, real property acquired for an airport or landing field, and not necessary for the efficient and proper operation of the airport or landing field, for such other purposes as the governing board may determine, provided such other purposes do not interfere with the proper and efficient operation of the remainder of the airport or landing field. Any such lease shall be subject to requirement of a public hearing as set forth in subdivision five of this section.
6. Vest jurisdiction in any officer, board or body of such city, county, village or town to perform any or all of the foregoing powers, and establish or create a suitable office, board or body for that purpose; in vesting jurisdiction in such office, board or body, the local legislative body may reserve to itself such specific powers as it may deem proper, and may make the exercise of any such powers subject to its approval. Where a joint airport shall have been established or is hereafter established by two or more municipalities pursuant to section three hundred fifty-three-a of this article such jurisdiction shall be vested in a joint board or body as the local legislative bodies of the participating municipalities in joint session shall provide.
The expenses incurred in connection herewith shall be a city, county, village or town charge as the case may be.