(a)Municipal Operation.

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Terms Used In Tennessee Code 42-5-110

  • Air navigation facility: means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and combination of any or all of such facilities. See Tennessee Code 42-5-102
  • Airport: means any area of land or water that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements, or rights-of-way, together with all airport buildings and facilities located thereon. See Tennessee Code 42-5-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Grantor: The person who establishes a trust and places property into it.
  • 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
  • Municipality: means any county, incorporated city, or incorporated town of this state. See Tennessee Code 42-5-102
  • Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic. See Tennessee Code 42-5-102
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
(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 § 42-5-119, enter into contracts, leases, agreements, grants or other arrangements for a term not exceeding fifty (50) years, with any person or persons, either exclusively or in common with others; provided, that the public is not deprived of its rightful use of the airport or facility:

(A) Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures or any portion or facility thereof, relating thereto, or real property acquired or set aside for such purposes, or space therein for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties thereto for the full term of the contracts, leases, agreements, grants or other arrangements;
(B) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility;
(C) Making available services to be furnished by the municipality or its agents at the airport or air navigation facility; and
(D) Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any such charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement or privileges, uses, services, accommodations or concessions to which the municipality is a party or is the grantor, shall, if expressly provided therein, be binding upon all parties thereto for the full term prescribed therein unless the term is sooner modified or terminated by mutual consent of the parties to such agreement.
(2) In each case, the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges, uses or services, use of buildings or structures that are reasonable and uniform for the same class of privilege or service and are established with due regard to the property and improvements used and the expenses of operation to the municipality.
(b)Other Operation. Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119, 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 fifty (50) years, the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality; provided, that the airport shall be operated as a public airport and that the person shall not enter into any contracts, leases or other arrangements in connection with the operation of the airport that the municipality might not have undertaken under subsection (a).
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