Oklahoma § 3-65.15 - See the following versions:

§ 3-65.15. See the following versions:

OS 3-65.15v1 (HB 3672, Laws 2024, c. 18, § 10).

OS 3-65.15v2 (SB 1912, Laws 2024, c. 135, § 10).

§3-65.15v1. Joint operations.

(a) Authorization. For the purposes of this section, unless

otherwise qualified, the term "public agency" includes municipality,

as defined in this act, an agency of the state government and of the

United States, and any municipality, political subdivision and

agency of another state, but shall not include institutions of

higher education constituting the Oklahoma State System of Higher

Education under Section 1, Article 13A, Constitution of the State of

Oklahoma; or other institutions coordinated with the State System of

Higher Education under Section 4, Article 13A, Constitution of the

State of Oklahoma; and the term "governing body" means the governing

body of a county or municipality, and the head of the agency if the

public agency is other than a county or municipality. All powers,

privileges and authority granted to any municipality by this act may

be exercised and enjoyed jointly with any public agency of this

state, and jointly with any public agency of any other state or of

the United States to the extent that the laws of such other state or

of the United States permit such joint exercise or enjoyment. If

not otherwise authorized by law, any agency of the state government

when acting jointly with any municipality, may exercise and enjoy

all of the powers, privileges and authority conferred by this act

upon a municipality.

(b) Agreement. Any two or more public agencies may enter into

agreements with each other for joint action pursuant to the

provisions of this section. Concurrent action by ordinance,

resolution or otherwise or the governing bodies of the participating

public agencies shall constitute joint action. Each such agreement

shall specify its duration, the proportionate interest which each

public agency shall have in the property, facilities and privileges

involved, the proportion to be borne by each public agency of

preliminary costs and costs of acquisition, establishment,

construction, enlargement, improvement, and equipment of the

airport, vertiport, or air navigation facility, the proportion of

the expenses of maintenance, operation, regulation and protection

thereof to be borne by each, and such other terms as are required by

the provisions of this section. The agreement may also provide for;

amendments thereof, and conditions and methods of termination of the

agreement; the disposal of all or any of the property, facilities

and privileges jointly owned upon said property, facilities and

privileges, or any part thereof, ceasing to be used for the purposes

provided by this act, or upon termination of the agreement; the

Oklahoma Statutes - Title 3. Aircraft and Airports

distribution of the proceeds received upon any such disposal, and of

any funds or other property jointly owned and undisposed of; the

assumption or payment of any indebtedness arising from the joint

venture which remains unpaid upon the disposal of all assets or upon

a termination of the agreement; and such other provisions as may be

necessary or convenient.

(c) Joint Board. Public agencies acting jointly pursuant to

this section shall create a joint board which shall consist of

members appointed by the governing board of each participating

public agency. The number to be appointed, their term and

compensation, if any, shall be provided for in the joint agreement.

Each such joint board shall organize, select officers for terms to

be fixed by the agreement, and adopt and amend from time to time

rules for its own procedure. The joint board shall have power to

plan, acquire, establish, develop, construct, enlarge, improve,

maintain, equip, operate, regulate, protect, and police any airport,

vertiport, or air navigation facility or airport hazard to be

jointly acquired, controlled and operated, and such board may

exercise on behalf of its constituent public agencies all the powers

of each with respect to such airport, vertiport, air navigation

facility or airport hazard, subject to the limitations of subsection

(d) of this section.

(d) Limitations on Joint Board. (1) Expenditures. The total

expenditures to be made by the joint board for any purpose in any

fiscal year shall be determined by a budget approved by the

governing bodies of its constituent public agencies.

(2) Acquisitions Beyond Sums Allotted. No airport, vertiport,

air navigation facility, airport hazard, or real or personal

property, the cost of which is in excess of sums therefor fixed by

the joint agreement or allotted in the annual budget, may be

acquired by the joint board without the approval of the governing

bodies of its constituent public agencies.

(3) Eminent Domain. Eminent domain proceedings under this

section may be instituted only by authority of the governing bodies

of the constituent public agencies of the joint board. If so

authorized, such proceedings shall be instituted in the names of the

constituent public agencies jointly, and the property so acquired

shall be held by said public agencies as tenants in common until

conveyed by them to the joint board.

(4) Disposal of Real Property. The joint board shall not

dispose of any airport, vertiport, air navigation facility or real

property under its jurisdiction except with the consent of the

governing bodies of its constituent public agencies, provided that

the joint board may, without such consent, enter into contracts,

leases, or other arrangements contemplated by Section 5 of this act.

(5) Police Regulations. Any resolutions, rules, regulations or

orders of the joint board dealing with subjects authorized by

Oklahoma Statutes - Title 3. Aircraft and Airports

Section 8 of this act shall become effective only upon approval of

the governing bodies of the constituent public agencies provided

that upon such approval, the resolutions, rules, regulations or

orders of the joint board shall have the same force and effect in

the territories or jurisdictions involved as the ordinances,

resolutions, rules, regulations, or orders of each public agency

would have in its own territory or jurisdiction.

(e) Joint Fund. For the purpose of providing a joint board

with moneys for the necessary expenditures in carrying out the

provisions of this section, a joint fund shall be created and

maintained, into which shall be deposited the share of each of the

constituent public agencies as provided by the joint agreement.

Each of the constituent public agencies shall provide its share of

the fund from sources available to each. Any federal, state or

other contributions or loans, and the revenues obtained from the

joint ownership, control and operation of any airport or air

navigation facility under the jurisdiction of the joint board shall

be paid into the joint fund, which said joint fund shall be kept and

maintained at such place or places as shall be mutually agreed

between the constituent agencies. Disbursements from such fund

shall be made by order of the board, subject to the limitations

prescribed in subsection (d) of this section.

Added by Laws 1947, p. 20, § 15. Amended by Laws 2024, c. 18, § 10,

eff. Nov. 1, 2024.

§3-65.15v2. Joint operations.

A. Authorization. For the purposes of this section, unless

otherwise qualified, the term “public agency” includes municipality,

as defined in the Municipal Airports Act, an agency of the state

government and of the United States, and any municipality, political

subdivision and agency of another state, but shall not include

institutions of higher education constituting the Oklahoma State

System of Higher Education under Section 1, Article 13A,

Constitution of the State of Oklahoma; or other institutions

coordinated with the State System of Higher Education under Section

4, Article 13A, Constitution of the State of Oklahoma; and the term

“governing body” means the governing body of a county or

municipality, and the head of the agency if the public agency is

other than a county or municipality. All powers, privileges and

authority granted to any municipality by this act may be exercised

and enjoyed jointly with any public agency of this state, and

jointly with any public agency of any other state or of the United

States to the extent that the laws of such other state or of the

United States permit such joint exercise or enjoyment. If not

otherwise authorized by law, any agency of the state government when

acting jointly with any municipality, may exercise and enjoy all of

Oklahoma Statutes - Title 3. Aircraft and Airports

the powers, privileges and authority conferred by this act upon a

municipality.

B. Agreement. Any two or more public agencies may enter into

agreements with each other for joint action pursuant to the

provisions of this section. Concurrent action by ordinance,

resolution or otherwise or the governing bodies of the participating

public agencies shall constitute joint action. Each such agreement

shall specify its duration, the proportionate interest which each

public agency shall have in the property, facilities and privileges

involved, the proportion to be borne by each public agency of

preliminary costs and costs of acquisition, establishment,

construction, enlargement, improvement, and equipment of the

airport, vertiport, or air navigation facility, the proportion of

the expenses of maintenance, operation, regulation and protection

thereof to be borne by each, and such other terms as are required by

the provisions of this section. The agreement may also provide for;

amendments thereof, and conditions and methods of termination of the

agreement; the disposal of all or any of the property, facilities

and privileges jointly owned upon said property, facilities and

privileges, or any part thereof, ceasing to be used for the purposes

provided by this act, or upon termination of the agreement; the

distribution of the proceeds received upon any such disposal, and of

any funds or other property jointly owned and undisposed of; the

assumption or payment of any indebtedness arising from the joint

venture which remains unpaid upon the disposal of all assets or upon

a termination of the agreement; and such other provisions as may be

necessary or convenient.

C. Joint Board. Public agencies acting jointly pursuant to

this section shall create a joint board which shall consist of

members appointed by the governing board of each participating

public agency. The number to be appointed, their term and

compensation, if any, shall be provided for in the joint agreement.

Each such joint board shall organize, select officers for terms to

be fixed by the agreement, and adopt and amend from time to time

rules for its own procedure. The joint board shall have power to

plan, acquire, establish, develop, construct, enlarge, improve,

maintain, equip, operate, regulate, protect, and police any airport,

vertiport, air navigation facility, or airport hazard to be jointly

acquired, controlled and operated, and such board may exercise on

behalf of its constituent public agencies all the powers of each

with respect to such airport, vertiport, air navigation facility, or

airport hazard, subject to the limitations of subsection D of this

section.

D. Limitations on Joint Board.

1. Expenditures. The total expenditures to be made by the

joint board for any purpose in any fiscal year shall be determined

Oklahoma Statutes - Title 3. Aircraft and Airports

by a budget approved by the governing bodies of its constituent

public agencies.

2. Acquisitions Beyond Sums Allotted. No airport, vertiport,

air navigation facility, airport hazard, or real or personal

property, the cost of which is in excess of sums therefor fixed by

the joint agreement or allotted in the annual budget, may be

acquired by the joint board without the approval of the governing

bodies of its constituent public agencies.

3. Eminent Domain. Eminent domain proceedings under this

section may be instituted only by authority of the governing bodies

of the constituent public agencies of the joint board. If so

authorized, such proceedings shall be instituted in the names of the

constituent public agencies jointly, and the property so acquired

shall be held by said public agencies as tenants in common until

conveyed by them to the joint board.

4. Disposal of Real Property. The joint board shall not

dispose of any airport, vertiport, air navigation facility, or real

property under its jurisdiction except with the consent of the

governing bodies of its constituent public agencies, provided that

the joint board may, without such consent, enter into contracts,

leases, or other arrangements contemplated by Section 65.5 of this

title.

5. Police Regulations. Any resolutions, rules, regulations or

orders of the joint board dealing with subjects authorized by

Section 65.8 of this title shall become effective only upon approval

of the governing bodies of the constituent public agencies provided

that upon such approval, the resolutions, rules, regulations or

orders of the joint board shall have the same force and effect in

the territories or jurisdictions involved as the ordinances,

resolutions, rules, regulations, or orders of each public agency

would have in its own territory or jurisdiction.

E. Joint Fund. For the purpose of providing a joint board with

moneys for the necessary expenditures in carrying out the provisions

of this section, a joint fund shall be created and maintained, into

which shall be deposited the share of each of the constituent public

agencies as provided by the joint agreement. Each of the

constituent public agencies shall provide its share of the fund from

sources available to each. Any federal, state or other

contributions or loans, and the revenues obtained from the joint

ownership, control and operation of any airport or air navigation

facility under the jurisdiction of the joint board shall be paid

into the joint fund, which said joint fund shall be kept and

maintained at such place or places as shall be mutually agreed

between the constituent agencies. Disbursements from such fund

shall be made by order of the board, subject to the limitations

prescribed in subsection D of this section.

Oklahoma Statutes - Title 3. Aircraft and Airports

Added by Laws 1947, p. 20, § 15.

10, eff. Nov. 1, 2024.

Amended by Laws 2024, c. 135, §