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1997 SESSION
978210661Patrons-- Gartlan, Barry, Chichester, Houck, Howell, Saslaw, Ticer and Waddell; Delegates: Almand, Callahan, Connally, Scott and Watts
Be it enacted by the General Assembly of Virginia:
1. That §§ 4 and 5 of Chapter 598 of the 1985 Acts of Assembly, as amended, are amended and reenacted as follows:
§ 4. Membership; terms; officers.--A. The Authority shall consist of
eleven thirteen members: five appointed by the Governor
of the Commonwealth of Virginia, three appointed by the Mayor of the District
of Columbia, two appointed by the Governor of the State of Maryland, and
one three appointed by the President of the United
States. Members representing the Commonwealth of Virginia shall be subject to
confirmation by the Virginia General Assembly. For the purposes of doing
business, six seven members shall constitute a quorum.
The failure of a single appointing official to appoint one or more members, as
herein provided, shall not impair the Authority's creation when the other
conditions thereof have been met.
B. Members shall (i) not hold elective or appointive public office, (ii) serve
without compensation, and (iii) reside within the Washington Standard
Metropolitan Statistical Area, except that the member members
appointed by the President of the United States shall not
be required to reside in that area registered
voters of states other than Maryland, Virginia or the District of
Columbia. The members of the Authority shall be entitled to
reimbursement for their expenses incurred in attendance upon the meetings of
the Authority or while otherwise engaged in the discharge of their duties.
C. Appointments to the Authority shall be for a period of six years. However,
initial appointments shall be made as follows: each jurisdiction shall appoint
one member for a full six-year term, a second member for a four-year term and
in the case of the Commonwealth and the District of Columbia, a third member
for a two-year term. The Governor of Virginia shall make the final two
Virginia initial appointments for one two-year and one four-year term. The
President shall make initial and subsequent appointments for
six-year terms. The President shall make one of the initial appointments
pursuant to the Metropolitan Airports Amendment Act of 1996 for a four-year
term.
D. Seven Eight affirmative votes shall be required to
approve bond issues and the annual budget of the Authority.
E. Each member may be removed or suspended from office only for cause, and in accordance with the laws of the jurisdiction from which he is appointed.
F. The Authority shall annually elect one of its members as chairman and another as vice-chairman and shall also elect annually a secretary and a treasurer, or a secretary-treasurer, who may or may not be members of the Authority, and prescribe their powers and duties. The Authority may also appoint from its staff an assistant secretary and an assistant treasurer, or an assistant secretary-treasurer, who shall, in addition to other duties, discharge such functions of the secretary and the treasurer.
G. The members of the Authority shall continue to serve until their successors shall be duly appointed. Any person appointed to fill a vacancy shall serve for the unexpired term. Any member of the Authority shall be eligible for reappointment for one term.
H. The members of the Authority, including any nonvoting members, shall not be
personally liable for any act done or action taken in their capacities as
members of the Authority or its board of review, nor shall they be
personally liable for any bond, note or other evidence of indebtedness issued
by the Authority.
§ 5. Powers and duties of the Authority.--A. For the purpose of acquiring, operating, maintaining, developing, promoting and protecting Washington National Airport and Washington Dulles International Airport together as primary airports for public purposes serving the metropolitan Washington area, the Authority shall have all necessary or convenient powers including, but not limited to, the power:
1. To adopt and amend bylaws for the regulation of its affairs and the conduct of its business;
2. To plan, establish, operate, develop, construct, enlarge, maintain, equip and protect the airports;
3. To adopt and amend regulations to carry out the powers granted by this section;
4. To adopt an official seal and alter the same at its pleasure;
5. To appoint one or more advisory committees and to establish a board of
review;
6. To issue revenue bonds of the Authority for any of its purposes, payable solely from the fees and revenues pledged for their payment, and to refund its bonds, all as provided in this act;
7. To borrow money on a short-term basis and issue from time to time its notes therefor payable on such terms, conditions or provisions as it may deem advisable;
8. To fix, revise, charge, and collect rates, fees, rentals and other charges for the use of the airports;
9. To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this act;
10. To employ, in its discretion, consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary, and to fix their compensation and benefits. Employees of the Authority shall not participate in any strike or assert any right to strike against the Authority, and any employment agreement entered into by the Authority shall contain an explicit prohibition against strikes by the employee or employees covered by such agreement. The Authority shall comply with any Act of Congress concerning former employees of the Federal Aviation Administration and Metropolitan Washington Airports;
11. To sue and be sued in its own name, plead and be impleaded;
12. To construct or permit the construction of commercial and other facilities consistent with the purposes of this act upon the airport property on terms established by the Authority;
13. To make and enter into all contracts and agreements necessary or desirable to the performance of its duties, the proper operation of the airports and the furnishing of services to the travelling public and airport users, including contracts for normal governmental services on a reimbursable basis with local political subdivisions where the Authority Facilities are situated and with the District of Columbia government; and any such contracts shall be exclusive or limited when it is necessary to further the public safety, improve the quality of service, avoid duplication of services, or conserve airport property and the airport environment;
14. To apply for, receive and accept such payments, appropriations, grants, gifts, loans, advances, and other funds, properties, and services as may be transferred or made available to it by the United States government or any other public or private entity or individual;
15. To make payments to reimburse the local political subdivisions where the Authority Facilities are situated for extraordinary law enforcement costs incurred by such localities; and
16. To do all acts and things necessary or convenient to carry out the powers expressly granted in this act.
B. Pursuant to Section 6007 (b) of the Metropolitan Washington Airports Act of 1986, the Authority is established solely to operate and improve both metropolitan Washington airports as primary airports serving the metropolitan Washington area and shall be independent of the Commonwealth and its local political subdivisions, the District of Columbia and the federal government in the performance and exercise of the airport-related duties and powers enumerated in subdivisions 1 through 16 of subsection A of this section. Any conflict between the exercise of these enumerated powers by the Authority and the powers of any local political subdivision within which Authority Facilities are situated shall be resolved in favor of the Authority.
2. That [ an emergency exists and this act is in force from its
passage provisions of Chapter 598 of the 1985 Acts of Assembly, as
amended, or the federal Metropolitan Washington Airports Act of 1986, or the
federal Metropolitan Washington Airports Amendments of 1996, or the application
of such Act of Assembly or of either such federal law to any person or
circumstances which are held invalid shall not affect the validity of other
provisions or applications of Chapter 598 of the 1985 Acts of Assembly, as
amended, which can be given effect without the invalid provisions or
applications ] .