Home > 105th Congressional Bills > S.J.Res. 51 (rs) Granting the consent of Congress to the Potomac Highlands Airport Authority Compact entered into between the States of Maryland and West Virginia. ...S.J.Res. 51 (rs) Granting the consent of Congress to the Potomac Highlands Airport Authority Compact entered into between the States of Maryland and West Virginia. ...
105th CONGRESS
2d Session
S. J. RES. 51
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 1998
Referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Granting the consent of Congress to the Potomac Highlands Airport
Authority Compact entered into between the States of Maryland and West
Virginia.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CONSENT.
Congress hereby consents to the Potomac Highlands Airport Authority
Compact entered into between the States of Maryland and West Virginia.
The compact reads substantially as follows:
``Potomac Highlands Airport Authority Compact
``SECTION 1. COUNTY COMMISSIONS EMPOWERED TO ENTER INTO
INTERGOVERNMENTAL AGREEMENTS RELATING TO CUMBERLAND
MUNICIPAL AIRPORT.
``The county commissions of Mineral County, West Virginia, and of
other West Virginia counties contiguous to Mineral County, and the
governing bodies of municipal corporations situated in those counties,
may enter into intergovernmental agreements with this State, Allegany
County, Maryland, other Maryland counties contiguous to Allegany County
and Cumberland, Maryland, and other municipal corporations situated in
those Maryland counties, and with the Potomac Highlands Airport
Authority regarding the operation and use of the Cumberland Municipal
Airport situated in Mineral County, West Virginia. The agreements shall
be reciprocal in nature and may include, but are not limited to,
conditions governing the operation, use, and maintenance of airport
facilities, taxation of aircraft owned by Maryland residents and
others, and user fees.
``SEC. 2. POTOMAC HIGHLANDS AIRPORT AUTHORITY AUTHORIZED.
``The county commissions of Mineral County, West Virginia, and of
other West Virginia counties contiguous to Mineral County, and the
governing bodies of municipal corporations situated in those counties,
or any one or more of them, jointly and severally, may create and
establish, with proper governmental units of this State, Allegany
County, Maryland, other Maryland counties contiguous to Allegany
County, and Cumberland, Maryland, and other municipal corporations
situated in those Maryland counties, or any one or more of them, a
public agency to be known as the `Potomac Highlands Airport Authority'
in the manner and for the purposes set forth in this Compact.
``SEC. 3. AUTHORITY A CORPORATION.
``When created, the Authority and the members of the Authority
shall constitute a public corporation and, as such, shall have
perpetual succession, may contract and be contracted with, sue and be
sued, and have and use a common seal.
``SEC. 4. PURPOSES.
``The Authority may acquire, equip, maintain, and operate an
airport or landing field and appurtenant facilities in Mineral County,
on the Potomac River near Ridgeley, West Virginia, to serve the area in
which it is located.
``SEC. 5. MEMBERS OF AUTHORITY.
``(a) In General.--The management and control of the Potomac
Highlands Airport Authority, its property, operations, business, and
affairs, shall be lodged in a board of seven or more persons who shall
be known as members of the Authority and who shall be appointed for
terms of three years each by those counties, municipal corporations, or
other governmental units situated in West Virginia and Maryland as
contribute to the funds of the Authority, in such proportion between
those States and counties, municipal corporations, and units, and in
whatever manner, as may from time to time be provided in the bylaws
adopted by the Authority.
``(b) First Board.--The first board shall be appointed as follows:
``(1) The County Commission of Mineral County shall appoint
two members for terms of two and three years, respectively.
``(2) The governing official or body of the municipal
corporation of Cumberland, Maryland, shall appoint three
members for terms of one, two, and three years, respectively.
``(3) The governing official or body of Allegany County,
Maryland, shall appoint two members for terms of one and two
years, respectively.
``SEC. 6. POWERS.
``The Potomac Highlands Airport Authority has power and authority
as follows:
``(1) To make and adopt all necessary bylaws, rules, and
regulations for its organization and operations not
inconsistent with law.
``(2) To take all legal actions necessary or desirable in
relation to the general operation, governance, capital
expansion, management, and protection of the Cumberland
Municipal Airport.
``(3) To increase the number of members of the Authority,
and to set the terms of office and appointment procedures for
those additional members.
``(4) To elect its own officers, to appoint committees, and
to employ and fix the compensation for personnel necessary for
its operation.
``(5) To enter into contracts with any person, firm, or
corporation, and generally to do anything necessary for the
purpose of acquiring, equipping, expanding, maintaining, and
operating an airport.
``(6) To delegate any authority given to it by law to any
of its officers, committees, agents, or employees.
``(7) To apply for, receive, and use grants in aid,
donations, and contributions from any sources.
``(8) To take or acquire lands by purchase, holding title
to it in its own name.
``(9) To purchase, own, hold, sell, and dispose of personal
property and to sell and dispose of any real estate which it
may have acquired and may determine not to be needed for its
purposes.
``(10) To borrow money.
``(11) To extend its funds in the execution of the powers
and authority hereby given.
``(12) To take all necessary steps to provide for proper
police protection at the airport.
``(13) To inventory airplanes and other personal property
at the airport and provide the assessor of Mineral County and
other proper governmental officials with full particulars in
regard to the inventory.
``SEC. 7. PARTICIPATION BY WEST VIRGINIA.
``(a) Appointment of Members; Contribution to Costs.--The county
commissions of Mineral County and of counties contiguous to Mineral
County, and the governing bodies of municipal corporations situated in
those counties, or any one or more of them, jointly and severally, may
appoint members of the Authority and contribute to the cost of
acquiring, equipping, maintaining, and operating the airport and
appurtenant facilities.
``(b) Transfer of Property.--Any of the foregoing county
commissions or municipal corporations may transfer and convey to the
Authority property of any kind acquired previously by the county
commission or municipal corporation for airport purposes.
``SEC. 8. FUNDS AND ACCOUNTS.
``(a) Contribution and Deposit of Funds.--Contributions may be made
to the Authority from time to time by the various bodies contributing
to its funds and shall be deposited in whatever bank or banks a
majority of the members of the Authority direct and may be withdrawn
from them in whatever manner the Authority directs.
``(b) Accounts and Reports.--The Authority shall keep strict
account of all of its receipts and expenditures and shall make
quarterly reports to the public and private bodies contributing to its
funds, containing an itemized account of its operations in the
preceding quarter. The accounts of the Authority shall be regularly
examined by the State Tax Commissioner in the manner required by
Article nine, Chapter six of the Code of West Virginia.
``SEC. 9. PROPERTY AND OBLIGATIONS OF AUTHORITY EXEMPT FROM TAXATION.
``The Authority is exempt from the payment of any taxes or fees to
the State of West Virginia or any subdivisions of that State or to any
officer or employee of the State or other subdivision of it. The
property of the Authority is exempt from all local and municipal taxes.
Notes, debentures, and other evidence of indebtedness of the Authority
are declared to be issued for a public purpose and to be public
instrumentalities, and, together with interest on them, are exempt from
taxes.
``SEC. 10. SALE OR LEASE OF PROPERTY.
``In the event all of the public corporations contributing to the
funds of the Authority so determine, the Authority shall make sale of
all of its properties and assets and distribute the proceeds of the
sale among those contributing to its funds. In the alternative, if such
of the supporting corporations contributing a majority of the funds of
the Authority so determine, the Authority may lease all of its property
and equipment upon whatever terms and conditions the Authority may fix
and determine.
``SEC. 11. EMPLOYEES TO BE COVERED BY WORKMEN'S COMPENSATION.
``All eligible employees of the Authority are considered to be
within the Workmen's Compensation Act of West Virginia, and premiums on
their compensation shall be paid by the Authority as required by law.
``SEC. 12. LIBERAL CONSTRUCTION OF COMPACT.
``It is the purpose of this Compact to provide for the maintenance
and operation of an airport in a prudent and economical manner, and
this Compact shall be liberally construed as giving to the Authority
full and complete power reasonably required to give effect to the
purposes hereof. The provisions of this Compact are in addition to and
not in derogation of any power existing in the county commissions and
municipal corporations herein named under any constitutional,
statutory, or charter provisions which they or any of them may now have
or may hereafter acquire or adopt.''.
SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolution is
hereby expressly reserved. The consent granted by this joint resolution
shall not be construed as impairing or in any manner affecting any
right or jurisdiction of the United States in and over the region which
forms the subject of the compact.
Passed the Senate July 31, 1998.
Attest:
GARY SISCO,
Secretary.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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