[Adopted 4-2-2001 as Sec. 2-4-7 of the 2001 Code; amended in its entirety 1-9-2006]
This article shall be known, cited and referred to as the "Mauston
- New Lisbon Union Airport Ordinance" except as referred to herein,
where it shall be known as "this article."
This article is enacted pursuant to the authority granted by
the State of Wisconsin Statutes (see generally Ch. 114, Wis. Stats.).
Specific statutory references are provided within the body of this
article solely as a means of assisting the reader. Such references
are not to be considered as all inclusive and shall in no manner be
construed to limit the application or interpretation of this article.
[Amended 10-21-2013 by Ord. No. 2013-1]
It is hereby deemed to be in the best interests of the City
that the City of New Lisbon join with the City of Mauston for the
purpose of establishing a union airport facility for the convenience
of their citizens and to further the economic growth of the area.
In furtherance of that purpose and pursuant to the provisions of § 114.151,
Wis. Stats., the City of New Lisbon, in cooperation with the City
of Mauston, hereby establishes a joint airport to be known as the
"Mauston - New Lisbon Union Airport."
A.
Establishment. Pursuant to § 114.14(1), Wis. Stats., there
is hereby established a Union Airport Commission which shall be vested
with jurisdiction over the construction, improvement, equipment, maintenance
and operation of the airport.
B.
Appointment of Commissioners. The Commission shall consist of five
residents of Juneau County, Wisconsin. Pursuant to § 114.14(2)(a),
Wis. Stats., they shall be persons especially interested in aeronautics.
Their terms shall be for four years commencing on June 1 of the year
of appointment. Two Commissioners shall be appointed by the Mayor
of Mauston and two Commissioners shall be appointed by the Mayor of
New Lisbon. Mauston shall appoint one Commissioner each even-numbered
year and New Lisbon shall appoint one Commissioner each odd-numbered
year. The fifth Commissioner shall be jointly appointed by the Mayors
of Mauston and New Lisbon, and if the Mayors cannot agree upon a joint
appointment, then this position shall remain vacant until agreement
can be reached.
C.
Officers. The Commission shall annually elect one member as Chairperson
and another as Secretary. The Chairperson shall conduct the meetings
and establish the agendas therefor. The Secretary shall keep an accurate
record of all Commission proceedings and transactions and report the
same to the Cities.
D.
Deposit of moneys. Pursuant to § 114.14(2)(f) and (g),
Wis. Stats., all moneys appropriated for the airport by the Cities,
and all moneys earned by the airport, and all other moneys received
by or for the airport in any manner or for any reason whatsoever,
shall be deposited with the Treasurer of the City of Mauston, where
it shall be kept in a special fund and paid out only on order of the
Airport Commission, drawn and signed by the Secretary and countersigned
by the Chairperson.
E.
Powers and duties. Pursuant to §§ 114.14(2)(e) and
(3), Wis. Stats., the Commission shall have complete and exclusive
management and control over the airport, subject to the limitations
imposed by Ch. 114, Wis. Stats., and this article, including (but
not limited to) the following:
(1)
Employees. The Commission may employ an airport manager and/or other
airport employees, who may be members of the Commission. The duties
and salary of each such person may be fixed by the Commission. No
Commissioner shall vote on the question of his/her own selection as
an employee nor on the question of his/her own compensation.
(2)
Contracts. The Commission may make contracts with private persons,
the United States or any agency for the construction, improvement,
equipment, maintenance or operation of the airport, provided that
contracts with private parties may not exceed a term of 10 years.
(3)
Rules and regulations. The Commission may adopt rules and regulations
for the use of the airport, subject to the approval of both Cities
before they take effect.
(4)
Fees and charges. The Commission may adopt fees and charges for the
use of the airport, subject to the approval of both Cities before
they take effect.
(5)
Annual report. The Commission shall prepare and submit an annual
report in detail to each City. Such reports shall include information
on traffic and use of the airport, airport expenditures and revenues,
and other information which the Commission may deem pertinent to properly
evaluate the operation of said facility.
(6)
Budgets. The Commission shall submit to each City an annual budget
setting forth anticipated expenditures and revenues, including capital
improvements, and the amount recommended to be raised by taxation
for airport facilities. The budget shall be submitted each year on
or before October 1.
(7)
Leases. The Commission shall prepare and adopt standard leases and
agreements for the various types of airport activities and land uses
authorized under this article, subject to the approval of both Cities
before they take effect.
(8)
Buildings. The Commission shall manage, control and encourage the
development of the airport through private investment. For example,
to encourage private persons to build private hangars and to incur
substantial building costs, the Commission may approve long-term leases
which provide for the reexamination and readjustment of rates and
charges at specified periods of time during the terms of the lease.
The Commission shall also oversee all construction on the airport.
Buildings shall be of metal or masonry construction, and all building
plans shall be approved by the Commission prior to construction.
F.
Limitations of authority. In addition to any other limitations imposed
by Ch. 114, Wis. Stats., or this article, the authority of the Commission
shall be limited as follows:
(1)
Public access. In no case shall the public be deprived of equal and
uniform use of the airport.
(2)
Nonbinding on Cities. No act, contract, lease or other activity of
the Commission shall be or become a binding contract on either City
unless expressly authorized by the City, and then only to the extent
so expressly authorized.
(3)
Private enterprise preference. The Commission shall refrain from
using public employees or public funds for the purpose of engaging
in any activity or providing any service (excluding airport maintenance)
that can be conducted or provided satisfactorily by private parties
through proper lease arrangements. The Commission shall refrain from
erecting buildings with public funds which are to be used and occupied
by private parties (excluding utility buildings, storage facilities
and similar buildings needed solely for the maintenance and operation
of the airport).
Pursuant to § 114.15, Wis. Stats., the City is authorized
to appropriate money in each year for the purpose of aiding and assisting
in the maintenance, operation, management and improvement of the Union
Airport. Upon receipt of an airport budget from the Airport Commission,
representatives from Mauston and New Lisbon shall meet to consider
the airport budget prior to each City's respective budget meetings.
The Cities, with input from the Commission, shall finalize an airport
budget, which shall be submitted to each City for final approval.
Upon approval by both Cities, the airport budget and each City's share
thereof shall become binding upon both Cities and shall be divided
equally between the Cities, added to the tax roll of each City, and
collected by each City in the same manner as other revenues raised
in connection with the general fund.
Either City may withdraw from joint operation and control of
the airport and may relinquish its interest in the airport. Such action
shall be taken by repeal of this article upon 60 days' notice to the
other City.