Chap. 22.—An ACT to authorize the counties of Warwick, Elizabeth City and
York, the cities of Newport News and Hampton, and the town of Phoebus,
or any two or more of them, to create a commission, to be known as “The
Peninsula Airport Commission”, for the purpose of establishing and operating
airports and air navigation facilities for such counties, cities and towns; and
to prescribe the rights, powers, duties and functions of such commission when
so formed, and of the counties, cities and towns for which such commission 1s

created. (H B 98}
Approved February 18, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. If the governing bodies of each of the counties of
Warwick, Elizabeth City and York, the cities of Newport News and
Hampton, and the town of Phoebus, or any two or more of them, shall
by resolution declare that there is need for an airport commission to be
created for the purpose of establishing and operating one or more air-
ports or landing fields for all such political subdivisions, an airport com-
mission, to be known as “The Peninsula Airport Commission”, shall
thereupon exist for such counties, cities and town, and shall exercise its
powers and functions therein.

In any suit, action, or proceeding involving the validity or enforce-
ment of or relating to any contract of The Peninsula Airport Commis-
sion, such commission shall be conclusively deemed to have become cre-
ated 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 counties,
cities and towns creating the airport commission declaring that there is
need for such commission and that it unites with the other political sub-
divisions in its creation. A copy of such resolution duly certified by the
clerk of the county, city or town by which it is adopted, shall be admissible
in evidence in any suit, action or proceeding.

Section 2. The Peninsula Airport Commission, hereinafter re-
ferred to as the ‘‘Commission”, shall consist of one member from each
of the participating counties, cities and towns, appointed by the govern-
ing bodies thereof, respectively. Original appointments of members
shall be for terms as follows: From the County of Warwick and the City
of Newport News, two years; from the County of Elizabeth City and the
City of Hampton, three years, and from the County of York and the Town
of Phoebus, four years. Thereafter all appointments shall be for four-
year terms, except appointments to fill vacancies which shall be for the
unexpired terms. The governing body appointing any member may re-
move such member at any time and appoint his successor. The com-
mission shall have power to elect its chairman, and to adopt rules and
regulations for its own procedure 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 con-
stitute a quorum. Members of the commission shall be paid ten dollars
for each meeting attended, but no member shall receive more than three
hundred dollars in any one year.
Section 3. The airport commission established hereunder shall
have all powers necessary or convenient to carry out the general pur-
poses of this act, including the following powers in addition to others
herein granted:

(a) To sue and be sued; to adopt a seal and alter the same at pleas-
ure; to have perpetual succession; and to make and execute contracts
and other instruments necessary or convenient to the exercise of its
powers.

(b) To employ such technical experts, and such other officers,
agents and employees as it may require, and to fix their qualifications
and duties, and their compensation within the limits of available funds.

(c) To accept gifts and grants from the State of Virginia or any
political subdivision thereof, and from the United States and any of its
agencies.

(d) To acquire within the territorial limits of the region for which
it is formed, by purchase, lease, gift, condemnation or otherwise, what-
ever land may be reasonably necessary for the purpose of establishing,
constructing, enlarging, maintaining and operating one or more airports
or landing fields.

(e) To acquire, establish, construct, enlarge, improve, maintain,
equip, operate and regulate the use of any airports, air landing fields,
structures, air navigation facilities and other property incidental thereto,
within the area for which it is created.

(f) To construct, install, maintain and operate facilities for the
servicing of aircraft, and for the accommodation of cargo, freight, mail,
express, etc., and comfort of air travelers, and to purchase and sell equip-
ment and supplies as an incident to the operation of its airport facilities.

(g) To determine rates and charges for the use of its airport and
other facilities.

(h) To enforce all rules, regulations and statutes relating to its air-
ports, including airport zoning regulations.

(1) To exercise within its area such powers and authority with
respect to airports and air navigation facilities as may be conferred by
law upon the governing bodies of the counties and cities of the Common-
wealth.

(j) To make and enforce rules and regulations for the management
and regulation of its business and affairs and for the use, maintenance
and operation of its facilities and properties.

(k) To engage directly or through its agents or employees in the
operation for profit of concessions in connection with its airports or other
facilities, including the sale of airplanes and aircraft fuel, or to grant such
privileges and concessions to others.

(1) To comply with the provisions of the laws of the United States
and any rules and regulations made thereunder for the expenditure of
federal monies in connection with airports, landing fields and air naviga-
tion facilities, and to accept, receive and receipt for federal monies granted
the commission, or granted any of the political subdivisions by which it
is formed, for airport purposes.
Section 4. The commission established hereunder is hereby grant-
ed full power to exercise within its area the right of eminent domain in
the acquisition of any lands, easements and privileges which are neces-
sary for airport and landing field purposes. Proceedings for the acquisi-
tion of such lands, easements and privileges by condemnation may be
instituted and conducted in the name of the commission, and the pro-
cedure shall be the same as in the acquisition of land by condemnation
proceedings instituted by councils of cities and towns.

Section 5. The counties, cities and towns for which the commis-
sion 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 counties,
cities and towns shall be determined by agreement between their govern-
ing bodies.

Section 6. The commission shall prepare annually and submit to
the governing bodies of the respective counties, cities and towns 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 ex-
penses 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 par-
ticipating subdivisions beyond appropriations actually made. If the esti-
mated expenditures exceed the estimated revenue from the operation of
the commission for such year the governing bodies of the participating
local subdivisions shall appropriate, in the proportions in which they are
financially interested in the operations of the commission, the funds nec-
essary 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.

Section 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 such purpose only with the approval of all the partici-
pating subdivisions. Whenever such surplus fund shall amount to one
hundred thousand dollars, any additional revenue received in any year in
excess of operating costs shall be applied towards repaying proportionally
the participating counties, cities and town in the amounts contributed by
them for their original appropriations to the commission for capital outlay
in establishing airports and airport facilities. Thereafter any profits de-
rived from the operations of the commission shall be distributed to the
participating subdivisions in proportion to their financial interest in the
operations of the commission.

Section 8. The commission shall be an independent body cor-
porate, invested with the rights, powers and authority and charged with
the duties set forth in this act, and the political subdivisions by which it is
created shall not be responsible for its acts. No pecuniary liability of any
kind shall be imposed upon any county, city or town creating the com-
mission because of any act, agreement, contract, tort, malfeasance or mis-
feasance 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 any such county, city or town.

Section 9. Except in cases of emergency, all contracts of more
than five thousand dollars that the commission may let for construction
or materials shall be let after public advertising for at least ten days,
stating the place where bidders may examine the plans and specifications
and the time and place where bids for such work or materials will be
opened. Reasonable deposits may be required of all bidders, and the
contract shall be let to the lowest responsible bidder, who shall give bond
or other security for the faithful performance of the contract.

Section 10. No member, agent or employee of the commission shall
contract with the commission or be interested, either directly or indi-
rectly, in any contract with the commission, or in the sale of any property
to the commission.

Section 11. The commission shall keep and preserve complete rec-
ords of its operations, dealings and transactions, which records shall be
open to inspection by the participating subdivisions at all times. It
shall make reports to such subdivisions annually, and at such other times
as they may require.

Section 12. Any county, city or town creating the commission may
withdraw therefrom upon giving one year’s notice to the commission and
to all other participating counties, cities and towns. The political sub-
division so withdrawing shall forfeit its rights to any further revenue
from the operations of the commission, and to the repayment of any
funds appropriated by it for capital expenditure. The operations of the
commission may be discontinued at any time and its property disposed of
by the unanimous action of all participating counties, cities and towns,
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 counties, cities and towns participating therein at the
time of liquidation in the proportion in which they are financially in-
terested in such activities.

Section 13. If any provision of this act, or the application thereof
to any person or circumstances, is held invalid, the remainder of this act
and the application of such provision to other persons or circumstances
shall not be affected thereby.

Section 14. Existing facilities—The provisions of this act and all
rules and regulations adopted hereunder shall not apply to any airport, air
landing field, structure, air navigation facilities and other property in-
cidental thereto. created or set aside for such purposes prior to the ef-
fective date of this act.

2. An emergency exists and this act 1s in force from its passage.