Chapter 2.95
AVIATION*

Sections:

2.95.010    Definition.

2.95.020    Shenandoah Valley airport commission established – Name – Participating localities.

2.95.030    Composition – Appointment, term and removal of members.

2.95.040    Members to serve without compensation.

2.95.050    Election of chairman, secretary and treasurer.

2.95.060    Procedural rules and regulations.

2.95.070    General powers and duties.

2.95.080    Agreement as to financial basis.

2.95.090    Budget and appropriations.

2.95.100    Disbursements.

2.95.110    Records.

2.95.120    Reports.

2.95.130    Indemnification of members and commission from loss resulting from suit or claim.

*Charter reference – Authority of council to establish and regulate airports, § 11(5).

State law references – Aviation, Code of Virginia, Title 5.1; municipal airports, § 5.1-31 et seq.

2.95.010 Definition.

For the purposes of this chapter, the term “airport commission” or “commission” shall mean the Shenandoah Valley airport commission. (Code 1964, § 3-9; Code 1985, § 7-11).

2.95.020 Shenandoah Valley airport commission established – Name – Participating localities.

There is hereby established, in conjunction with the participating cities and counties, a joint airport commission, to be known as the Shenandoah Valley airport commission, for the counties of Augusta and Rockingham and the cities of Harrisonburg, Staunton and Waynesboro, Virginia, and such commission shall exercise its powers and functions therein. (Code 1964, § 3-10; Code 1985, § 7-12).

2.95.030 Composition – Appointment, term and removal of members.

The airport commission shall consist of one member from each of the participating counties and cities, appointed by the governing bodies thereof respectively. Original appointments shall be for terms as follows: from Rockingham County and the city of Harrisonburg, one year; from Augusta County and the city of Staunton, two years; and from the city of Waynesboro, three years. Thereafter, all appointments shall be for three-year terms, except appointments to fill vacancies, which shall be for the unexpired terms. The governing body appointing any member may remove such member at any time and appoint his successor. (Code 1964, § 3-11; Code 1985, § 7-13).

State law reference – Authority of two or more political subdivisions to jointly exercise their powers as to airports, including creation of a joint board or commission, Code of Virginia, §§ 5.1-35, 5.1-36.

2.95.040 Members to serve without compensation.

All members of the airport commission shall serve without compensation. (Code 1964, § 3-12; Code 1985, § 7-14).

2.95.050 Election of chairman, secretary and treasurer.

The airport commission shall have power to elect a chairman, a secretary and a treasurer. (Code 1964, § 3-13; Code 1985, § 7-15).

2.95.060 Procedural rules and regulations.

The airport commission shall have power to adopt rules and regulations for its own procedure and government. (Code 1964, § 3-14; Code 1985, § 7-16).

2.95.070 General powers and duties.

The airport commission shall have the power to employ such technical experts and such other agents and employees as it may require for the purpose of making studies, surveys and investigations of a suitable site on which to establish, construct and maintain an airport or landing field; to recommend to the governing bodies of the participating counties and cities a suitable site for such airport or landing field; upon the acquisition of title to such site for such airport by the participating counties and cities to care for, manage and control the airport property and its facilities including, but not by way of limitation, the authority to enter into leases, as lessor, for any land or facility embraced within such property, but not extending over a term of more than two years, including renewals, unless approved by the governing bodies; to contract for mail, cargo and passenger service with the United States Government, commercial airlines and others; to enter into employment contracts for any purpose embraced within this authority; to enter into contracts with concessionaires, but not extending over a term of more than two years, unless approved by such governing bodies; to contract for all necessary utility services; to establish and enforce all rules and regulations pertaining to the use of the airport and its facilities; to establish and charge fees or other charges for the use of the airport, the landing field and accompanying facilities; to accept gifts and grants from the state or any political subdivision thereof, and from the United States and any of its agencies or from any person, firm or corporation; and to designate the state corporation commission agent for the airport commission and the participating counties and cities to accept, receive, receipt for and disburse such funds as may be granted by the United States under the Federal Airport Act in accordance with the applicable laws, rules and regulations. (Code 1964, § 3-15; Code 1985, § 7-17).

2.95.080 Agreement as to financial basis.

The financial basis upon which each of the participating counties and cities referred to in this chapter shall participate shall be determined by agreement between their governing bodies. (Code 1964, § 3-16; Code 1985, § 7-18).

2.95.090 Budget and appropriations.

The airport commission shall prepare annually and submit to the governing bodies of the respective participating counties and cities a proposed budget showing the estimated revenues it may reasonably expect to receive for such year and its estimated expenses for all purposes for such period. After approval of such budget, the commission shall be limited in its expenditures for such year to the estimated expenses shown therein and shall not commit the participating counties and cities beyond appropriations actually made. The participating counties and cities shall appropriate funds necessary to meet any deficit in the proportions in which they are financially interested in the operations of the airport commission. (Code 1964, § 3-17; Code 1985, § 7-19).

2.95.100 Disbursements.

All disbursements by the airport commission shall be by check drawn by the treasurer and approved by the chairman. (Code 1964, § 3-18; Code 1985, § 7-20).

2.95.110 Records.

The airport commission shall keep proper records of its operations, dealings, transactions and meetings, which records shall be open to inspection by the participating counties and cities at all times. (Code 1964, § 3-19; Code 1985, § 7-21).

2.95.120 Reports.

The airport commission shall make reports to the participating counties and cities annually and at such other times as they may require. (Code 1964, § 3-20; Code 1985, § 7-22).

2.95.130 Indemnification of members and commission from loss resulting from suit or claim.

In serving on the airport commission and when acting within the scope of the authority herein conferred, no member of the airport commission shall be personally subject to liability upon any suit or claim by any person contracting with the airport commission or using the airport or its facilities or damaged by the use of the airport or its facilities; and in the event of any such suit or claim against the commission or any of its members, the participating counties and cities shall be obligated, in the proportions in which they are financially interested in the operation of the commission, to indemnify such member or the commission from any loss which he or the commission may sustain. (Code 1964, § 3-21; Code 1985, § 7-23).