N.D. Cent. Code § 2-06-03

2-06-03. Regional airport authority creation or expansion - Dissolution

1. A municipality in North Dakota, by joint resolution with one or more municipalities in

North Dakota or an adjoining state, may create a regional airport authority which may

exercise its functions upon the issuance by the secretary of state of a certificate of

incorporation. Under the joint resolution, the governing bodies of the municipalities

participating in the creation of a regional airport authority shall appoint at least five

commissioners of the regional airport authority. The number to be appointed and their

representation must be provided for in the joint resolution. The commissioners who are

first appointed must be designated to serve terms of one, two, three, four, or five years

with at least one commissioner's term expiring each year. Each regional airport

authority shall organize, elect officers, and adopt procedural rules consistent with

section 2-06-06.

2. A regional airport authority may be expanded to serve one or more additional

municipalities if the governing body of each additional municipality, the governing body

of each of the municipalities included in the regional authority, and the commissioners

of the regional authority each adopt a resolution consenting to the expansion.

If a municipal airport authority exists for any municipality seeking to be included in a

regional authority, the commissioners of that municipal authority must consent to the

inclusion of the municipality in the regional authority. If the municipal authority has any

bonds outstanding, one hundred percent of the bondholders must provide written

consent to the inclusion of the municipality in the regional authority. Upon the inclusion

of any municipality in the regional authority, all rights, contracts, obligations, and

property, real and personal, of the municipal authority must be in the name of and vest

in the regional authority.

3. The area encompassed in a regional airport authority may be decreased if each of the

municipalities included in the regional authority and the commissioners of the regional

authority consent to the decrease and make provisions for the retention or disposition

of its assets and liabilities. If the regional authority has any bonds outstanding, no

decrease may be effected unless one hundred percent of the bondholders provide

written consent to the decrease.

4. A municipality may not adopt any resolution authorized by this section without a public

hearing on the resolution. Ten days prior notice of the hearing must be published in a

newspaper published in the municipality or, if there is no newspaper published in the

municipality, in a newspaper having general circulation in the municipality.

5. The term of a commissioner of a regional airport authority is five years, except that a

vacancy in an unexpired term must be filled for the remainder of the term.

6. After payment of all debts, a regional airport authority may be dissolved by a joint

resolution of the governing bodies of the participating municipalities. Before

dissolution, the property of the regional airport authority must be sold, transferred, or

distributed as agreed by the participating municipalities. Any remaining funds of the

regional airport authority must be distributed to the general funds of the participating

municipalities in proportion to their support of the regional airport authority.