10104025D
SENATE BILL NO. 322
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Local Government
on January 26, 2010)
(Patron Prior to Substitute--Senator Ruff)
A BILL to amend and reenact §§1, 2, 5, 6, 7, 8, and 12 of
Chapter 680 of the Acts of Assembly of 2005, relating to the
Clarksville-Boydton Airport Commission; name change.
Be it enacted by the General Assembly of Virginia:
1. That §§1, 2, 5, 6, 7, 8, and 12 of Chapter 680 of the
Acts of Assembly of 2005 are amended and reenacted as follows:
Clarksville-Boydton Airport Commission Lake Country
Airport Commission.
§1. If the governing bodies of the towns of Clarksville and
Boydton shall by resolution declare that there is a need for an airport
commission to be created for the purpose of establishing and operating one or
more airports or landing fields for all such political subdivisions, an airport
commission, to be originally known as "The
Clarksville-Boydton Airport Commission," shall thereupon exist for the
towns and shall exercise its powers and functions therein.
In any suit, action, or proceeding involving the validity or
enforcement of or relating to any contract of the Lake Country Airport
Commission, formerly known as and doing business as The Clarksville-Boydton
Airport Commission, the airport commission shall be conclusively deemed to have
become created as a body corporate, and to have become established and
authorized to transact business and exercise its powers hereunder upon proof of
the adoption of a resolution by the governing body of each of the towns
creating the airport commission declaring that there is need for an airport
commission and that it unites with the other political subdivision in its
creation. A copy of the resolution, duly certified by the clerk of the
governing body of the town which adopted it, shall be admissible in evidence in
any suit, action, or proceeding.
§2. The Clarksville-Boydton Airport Commission Lake
Country Airport Commission, hereinafter referred to as the
"Commission," shall consist of members from the participating
towns localities, the membership being composed of five three
members appointed by the Town of Clarksville, and two members
by the Town of Boydton, and three members by Mecklenburg County. Each
member shall be appointed by the governing bodies thereof. Original
appointments of members shall be for terms as follows: from the Town of Clarksville,
one member for two years, two members each for three and four years
one member for three years, and one member for four years; from the Town of
Boydton, one member for one year and one member for two years; from
Mecklenburg County, one member for two years, one member for three years, and
one member for four 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 that
member at any time and appoint his successor. The Commission shall have power
to elect its chairman and to adopt rules and regulations for its own procedures
and government. The members of the Commission so appointed shall constitute the
Commission, and the powers of such Commission shall be vested in and exercised
by the members in office from time to time. A majority of the members in office
shall constitute a quorum.
§5. The towns localities for which the
Commission is formed are hereby authorized to appropriate to the Commission
from available funds, or from funds provided for the purpose by bond issues,
such funds as may be necessary for the acquisition, construction, maintenance,
and operation of airports, air landing fields, and other air navigation
facilities. The basis of financial participation by the towns localities
shall be determined by agreement between their governing bodies.
§6. The Commission shall prepare annually and submit to the
governing bodies of the respective towns localities for which it
is formed for their approval, a 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 the 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 subdivisions beyond
appropriations actually made. If the estimated expenditures exceed the
estimated revenue from the operation of the Commission for such year the
governing bodies of the participating local subdivisions may appropriate, in
any amount the particular town locality determines it can
contribute, the funds necessary to supply the deficiency. If the actual revenue
received shall be less than the estimated revenue as approved in the budget,
the governing bodies of the participating local subdivisions may appropriate,
in the same manner, the funds necessary to supply the deficiency.
§7. If the funds received by the Commission in any year
including money appropriated for its use by the participating subdivisions,
shall exceed its expenditures for such year, the surplus shall be set aside in
a separate fund for capital improvements and extensions. Such fund shall be
used for this purpose only with the approval of both the participating
subdivisions. Whenever such surplus fund shall amount to $100,000, any
additional revenue received in any year in excess of operating costs shall be
applied towards repaying the participating towns' localities' contributions
to the Commission in amounts proportionate to each town's locality's financial
interest in the Commission. The financial interest of a town locality
shall consist of the proportionate share of the total financial contributions,
including those made for capital outlay and for any other reason whatsoever,
each participating town locality has made to the Commission.
Thereafter any profits derived from the operations of the Commission shall be
distributed to the participating subdivisions in proportion to their financial
interest in the Commission.
§8. The Commission shall be an independent body corporate,
invested with the rights, powers, and authority and charged with the duties set
forth in this act, and the political subdivisions which created it shall not be
responsible for its acts. No pecuniary liability of any kind shall be imposed
upon any town locality creating the Commission because of any
act, agreement, contract, tort, malfeasance or misfeasance by or on the part of
the Commission or any member thereof, or its agents, servants or employees,
except as otherwise provided in this act with respect to contracts and
agreements between the Commission and either such townany such
locality.
§12. Either town creatingAny participating locality
of the Commission may withdraw therefrom upon giving one year's notice to
the action, due regard being had for existing contracts and obligations. Upon
the cessation of its activities all of the assets of the Commission shall be
distributed to the towns localities participating therein at the
time of liquidation in the proportion equal to their financial interest in the
Commission as defined in §7 herein.
2. That in all regards, the Lake Country Airport Commission
shall be the successor in interest to the Clarksville-Boydton Airport
Commission, except as otherwise provided by law.
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