Subject to like provisions being made by the county commissioners’ court, by proper order duly promulgated and entered on its minutes, and as authorized by the provisions of chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, there is hereby created a joint airport zoning board, to be known as the Post-Garza County Joint Municipal Airport Zoning Board, which shall have the powers and exercise the duties set forth in sections 2 and 3 of chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, or as these statutes have been superseded by the statutes currently regulating county and municipal airports, Tex. Transportation Code, section 22.001 et seq.
(2002 Code, sec. 33.01(A))
The city-county joint municipal airport zoning board shall be composed of five members, two to be appointed by the city council and two to be appointed by the county commission. The fifth member shall be elected by a majority of the members so appointed, and the fifth member shall serve as chairperson of the city-county joint municipal airport zoning board.
(2002 Code, sec. 33.01(B))
The joint board shall have power to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled and operated, and the board may exercise on behalf of its constituent public agencies all of the powers of each with respect to the airport, air navigation facility or airport hazard, subject to the limitations of section 1.05.031 above.
(2002 Code, sec. 33.01(C))
(a)
The total expenditures to be made by the joint board for any purposes in any budget year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before October 1 each year. The joint board shall file with each agency on or before July 1 each year the proposed budget for airport operating purposes. The board shall have its membership available for budget hearings and discussions upon request by the constituent agencies when adoption of the budget is being considered.
(b)
No airport, air navigation facility, airport hazard, real or personal property, improvement, maintenance or operation, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.
(c)
Eminent domain proceedings under this section may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, the proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common until conveyed by them to the joint board.
(d)
The joint board shall not dispose of any airport, air navigation facility or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies, provided that the joint board may, without consent, enter into the contract, lease or other arrangements contemplated by V.T.C.A., Transportation Code, section 22.080.
(e)
Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by V.T.C.A., Transportation Code, section 22.014 or 22.081, shall become effective only upon approval of the governing bodies of the constituent public agencies; provided that, upon approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdiction involved as the ordinances, resolutions, rules, regulations or orders of each public agency would have in its own territory or jurisdiction.
(f)
The financing of construction and acquisition of the airport has been heretofore provided by the federal government, state, county and city and no additional sums will be authorized by the joint board, the city or the county for such purposes.
(2002 Code, sec. 33.01(D))
(a)
For the purpose of providing the joint board with monies for the necessary expenditures in carrying out the provisions of this agreement, the county and the city through their respective governing bodies agree to share expenses 50:50, that is, equally. A fund is hereby created and maintained in the public records of the county and the city with the pro rata share of the operating budget as approved by the county commissioners’ court and the city council allocated to the fund.
(b)
Itemized statements each month from the joint board for expenditures incurred in the preceding month shall be furnished to the county commissioners’ court and to the city council, and be paid in accordance with the law.
(2002 Code, sec. 33.01(E))
(a)
On or about July 1 and December 1 of each year, the joint board shall hold a joint meeting with the constituent agencies for the purpose of reviewing programs and operation of airport facilities.
(b)
Upon a majority vote of the members present of either constituent agency, a review of the actions of the board may be demanded, and the review shall be held within 30 days of notice of the action.
(c)
All revenues derived from airport operations and properties, inclusive of fees, leases, rentals, farm rentals, grants or otherwise, shall be deposited to the account of the airport board, which shall be responsible for those funds and shall utilize such for the benefit of the airport as a general operating fund.
(2002 Code, sec. 33.01(F))