CHAPTER 439

AN ACT to authorize the counties of Wise, Dickenson, Lee and Russell and
the city of Norton, and the towns of Appalachia, Big Stone Gap, Wise,
Pound, Coeburn, St. Paul, Clintwood, Haysi, Jonesville, Pennington
Gap, Ewing, Rose Hill and Lebanon, or any two or more of them, to
create a commission, to be known as “The Cumberlands Airport
Commission”, for the purpose of establishing and operating airports
and air navigation facilities for such counties, city and towns; and
to prescribe the rights, powers, duties and functions of such com-
mission when so formed, and of the counties, city and towns for which
such commission is created.

fH 519]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. § 1. If the governing bodies of each of the counties of Wise, Dicken-
son, Lee and Russell, the city of Norton, and the towns of Appalachia,
Big Stone Gap, Wise, Pound, Coeburn, St. Paul, Clintwood, Haysi, Jones-
ville, Pennington Gap, Ewing, Rose Hill and Lebanon, 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 airports or landing fields for all such political subdivisions,
an airport commission, to be known as “The Cumberlands Airport Com-
mission”, shall thereupon exist for such counties, city and 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 Cumberlands Airport Commission,
such commission shall be conclusively deemed to have become created as
a body corporate, and to have become established and authorized to trans-
act business and exercise its powers hereunder upon proof of the adoption
of a resolution by the governing body of each of the counties, city and
towns creating the airport commission declaring that there is need for
such commission and that it unites with the other political subdivisions 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.

§ 2. The Cumberlands Airport Commission, hereinafter referred to
as the “Commission”, shall consist of one member from each of the
participating counties, city and towns, appointed by the governing bodies
thereof, respectively. Original appointments of members shall be for
terms as follows: From the county of Russell, town of Lebanon, two years;
from the county of Dickenson and the towns of Clintwood and Haysi, from
the county of Lee and the towns of Jonesville, Pennington Gap, Ewing
and Rose Hill, three years; from the county of Wise, city of Norton, and
towns of Appalachia, Big Stone Gap, Wise, Pound, Coeburn, and St. Paul,
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 remove such
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 procedure and government. The members of the commission so
appointed shall constitute the commission, and the powers of such com-
mission 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.
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.

§ 3. The airport commission established hereunder shall have all
powers necessary or convenient to carry out the general purposes 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 pleasure;
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; provided, however, that no such airport shall
be established or operated without the permission of the State Corporation
Commission first had and obtained as now or hereafter provided by law.

(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.

(i) 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 Commonwealth.

(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 moneys in connection with airports, landing fields and air naviga-
tion facilities, and to accept, receive and receipt for Federal moneys
granted the commission, or granted any of the political subdivisions by
which it is formed, for airport purposes.

§ 4. The commission established hereunder is hereby granted full
power to exercise within its area the right of eminent domain in the
acquisition of any lands, easements and privileges which are necessary
for airport and landing field purposes, including the right to acquire, by
eminent domain, avigation easements over lands or water outside the
boundaries of its airport or landing fields where necessary or desirable
in the interests of safety for aircraft to provide unobstructed air space
for the landing and taking off of aircraft utilizing its airport and landing
fields even though such avigation easement be inconsistent with the con-
tinued use of such land for the same purposes for which it had been used
prior to such acquisition, or inconsistent with the maintenance, preserva-
tion and renewal of any structure or any tree or other vegetation standing
or growing on said land at the time of such acquisition; provided, how-
ever, such power of eminent domain shall not extend to the taking of any
radio or television towers or installation in existence on the effective date
of this act. Proceedings for the acquisition of such lands, easements and
privileges by condemnation may be instituted and conducted in the name
of the commission, and the procedure shall be the same as in the acquisi-
tion of land by condemnation proceedings instituted by councils of cities
and towns; provided, that the provisions of § 25-233 of the Code of Vir-
ginia, 1950, shall apply to any property owned by a corporation possessing
cor ‘power of eminent domain that may be sought to be taken by condem-
nation.

§ 5. The counties, city and towns 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 counties, city and towns shall
be determined by agreement between their governing bodies.

§ 6. The commission shall prepare annually and submit to the gov-
erning bodies of the respective counties, city 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 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 esti-
mated expenses shown therein, and shall not commit the participating
subdivisions beyond appropriations actually made. If the estimated ex-
penditures exceed the estimated revenue from the operation of the com-
mission 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 neces-
sary 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 such purpose only with the approval of all the participating
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, city and towns in the amount contributed by them
for their original appropriations to the commission for capital outlay in
establishing airports and airport facilities. Thereafter any profits derived
from the operations of the commission shall be distributed to the par-
ticipating subdivisions in proportion to their financial interest in the
operations of the commission.

§ 8. The commission shall be an independent body corporate, in-
vested 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 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 re-
spect to contracts and agreements between the commission and any such
county, city or town.
§ 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.

_._ § 10. No member, agent or employee of the commission shall contract
with the commission or be interested, either directly or indirectly, in
any contract with the commission, or in the sale of any property to the
commission.

§ 11. The commission shall keep and preserve complete records 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.

§ 12. Any county, city or town creating the commission may with-
draw therefrom upon giving one year’s notice to the commission and to
all other participating counties, city and towns. The political subdivision
so withdrawing shall forfeit its rights to any further revenue from the
operations of the commission, and to the repayment of any funds appro-
priated 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, city 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, city and towns participating therein at the time of liquida-
tion in the proportion in which they are financially interested in such
activities.

§ 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.

§ 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 effec-
tive date of this act.

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