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2012 SESSION
12102306DBe it enacted by the General Assembly of Virginia:
1. That §§ 1, 3, and 5 of Chapter 871 of the Acts of Assembly of 1988 are amended and reenacted as follows:
§ 1. Definitions.-As used in this act the words and terms herein shall have the following meanings, unless the context shall indicate another or different meaning or intent:
A. The word "Authority" shall mean the Tappahannock-Essex County
Airport Authority hereinafter created or, if the authority shall be abolished,
the board, body, commission, or
agency succeeding to the principal functions thereof or upon whom the powers
given by this act to the Authority shall be conferred by law. The Authority is the same political subdivision
formerly known as the Tappahannock-Essex County Airport Authority. As such, the
Authority has all rights, obligations, and
duties of the Tappahannock-Essex County Airport Authority, including but not
limited to all leases, contracts, grants-in-aid, bonds, and all other
agreements of whatsoever nature; holds title to all realty and personalty held
by the former Tappahannock-Essex County Airport Authority; and may exercise all
powers that might at any time past have been exercised by the
Tappahannock-Essex County Airport Authority.
B. The word "project" shall mean an airport for general, commercial, and private use acquired, maintained, constructed, or reconstructed by the Authority under the provisions of this act, together with all necessary and convenient approaches, air navigation equipment, roads, and streets used in connection with such airport.
C. The term "cost of the project" shall embrace the
cost of acquisition, construction or reconstruction (including improvements),
landscaping, and conservation,;
the cost of acquisition of all land, rights-of-way, property, rights, easements, and interests acquired by the
Authority for the operation of the project,; the cost of demolishing or
removing any buildings or structures on land acquired, including the cost of
acquiring any land to which such buildings or structures may be moved,;
the cost of all machinery and equipment, financing charges, interest prior to
and during construction or reconstruction,
and, if deemed advisable by the Authority for a period not exceeding one year
after completion of the project, the cost of traffic estimates and of
engineering and legal services, plans, specifications, surveys, estimates of
cost and of revenues, provision for working capital and a reserve for interest,;
other expenses necessary or incident to determining the feasibility or
practicability of the project,; administrative expenses,;
and such other expenses as may be necessary or incident to the project, the
financing, and the placing of the
project in operation.
D. The word "bonds" or the words "revenue bonds" shall mean revenue bonds or refunding bonds of the Authority, notes, interim certificates and any other evidences of indebtedness issued under the provisions of this act.
§ 3. "Tappahannock-Essex County Airport Authority."-There is hereby created and constituted a political
subdivision of the Commonwealth to be known as the "Tappahannock-Essex
County Airport Authority." The exercise by the Authority of the powers
conferred by this act in the acquisition, construction, reconstruction,
operation, and maintenance of the
project authorized by this act shall be deemed and held to be the performance
of an essential governmental function.
The As of and after July 1, 2012, the Authority
shall consist of seven five members; three of these members shall be appointed by the Tappahannock
Town Council and four members who
shall be appointed by the Board of Supervisors of Essex County; on that date, the terms
of members previously appointed by the Tappahannock Town Council shall be
deemed expired, but the terms of
members previously appointed by the Board of Supervisors of Essex County shall
not be affected hereby, with two members' terms to end June 30,
2013; one member's term to end June
30, 2014; one member's term to end June 30,
2015; and the
new member to be appointed by the Board of Supervisors shall have an initial
term expiring June 30, 2014.
All appointments shall require only a simple resolution motion
passed by majority vote of the body concerned.
Members shall be subject to removal from office under provisions of Article
1.1, Chapter 6, Title 24.1, Code of Virginia, 1950 as amended.
Members of the Authority shall serve for a term of three years; except that, to insure membership continuity,
initial appointments by the two governing bodies shall be delegated as follows:
one of the three members from the Town of Tappahannock shall be appointed for a
term ending on June 30, 1988, one member for a term ending on June 30, 1989,
and one member for a term ending on June 30, 1990; one of the four members from
the County of Essex shall be appointed for a term ending on June 30, 1988; one
member for a term ending on June 30, 1989; one member for a term ending on June
30, 1990; and one member for a term ending on June 30, 1991; with succeeding
appointments to be for a full three-year term, thus requiring the appointment
or reappointment of one member of the Authority by each governing body every
year and may be reappointed. Interim vacancies occurring in the membership of the
Authority due to deaths, resignations, etc., will be filed only for the
unexpired term of that member. A member shall continue to serve until his
successor shall be duly appointed and qualified.
The Authority shall annually in July elect one of its members as chairman and another as vice-chairman and shall also elect annually a secretary-treasurer, who may or may not be a member of the Authority.
The secretary-treasurer shall keep a record of the proceedings of the Authority and shall be custodian of all books, documents and papers filed with the Authority and of the minute book or journal of the Authority and of its official seal. He shall have authority to cause copies to be made of all minutes and other records and documents of the Authority and to give certificates under the official seal of the Authority to the effect that such copies are true copies, and all persons dealing with the Authority may rely upon such certificates.
Four Three members of the Authority
shall constitute a quorum and the affirmative vote of
four members shall be necessary for any action taken by the Authority.
No vacancy in the membership of the Authority shall impair the right of a
quorum to exercise all the other rights and perform all the duties of the
Authority, and no vacancy in the membership of the Authority shall impair the
validity of any bonds or other evidences of indebtedness issued by the
Authority.
The Authority shall meet at least monthly, at a time and place
to be determined by the members and at such other duties as the members may
deem necessary or appropriate; minutes of all meetings shall be recorded with
copies provided to each governing body the Board of Supervisors of
Essex County.
Each governing body will
provide interim administrative support until such time as the Authority is
fully organized and self-sufficient.
Before the issuance of any
revenue bonds under the provisions of this act the secretary-treasurer of the
Authority shall execute a surety bond in the penal sum of $50,000, such surety
bond to be conditioned upon the faithful performance of the duties of his
office, to be executed by a surety company authorized to transact business in
the Commonwealth as surety and to be approved by the Attorney General and tiled
in the office of the Secretary of the Commonwealth.
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, but otherwise shall serve without compensation.
§ 5. Acquisition of property.-A. The Authority is hereby
authorized and empowered to acquire by eminent domain in accordance with the applicable provisions of Chapters 1.1 and 6 of Title 25 § 5.1-34
and Title 25.1 of the Code of Virginia, as amended, or by
purchase from funds provided under the provisions of this act, and such other
moneys as may be provided by federal, state and local governments or by gift,
such lands, structures, property, rights, rights-of-way, franchises, easements
and other interests in lands as it may deem necessary or convenient for the
project, upon such terms and conditions as may be considered by it to be
reasonable and can be agreed upon between it and the owner thereof.
All public agencies and commissions of the Commonwealth, with
the approval of the Governor, and, notwithstanding any contrary provisions of
law, general or special, the Town of Tappahannock
and the County of Essex and all other
local governments of the Commonwealth, without the necessity
for any advertisement, order of court, or
other action or formality, are hereby authorized and empowered to lease, lend,
grant, give, transfer, or
convey to the Authority at its request upon such terms and conditions as may be
mutually agreed upon any real, personal, or
mixed property, including money, which may be necessary or convenient to the
effectuation of the authorized purposes of the Authority, including public
highways and other property already devoted to public use. Four-sevenths of required local appropriation shall be provided by the County
of Essex, and three-sevenths of any required local appropriation shall be
provided by the Town of Tappahannock. Any local
appropriation required by an obligation of the Authority entered into or existing
before July 1, 2012, shall be
provided as follows: four-sevenths by the County of Essex and three-sevenths by
the Town of Tappahannock. Any local appropriation required by an obligation of
the Authority entered into July 1, 2012, or
thereafter shall be provided by the County of Essex.
B. Title to any property acquired by the Authority shall be taken in the name of the Authority.