Chapter 5 - Municipal And County Airports
CHAPTER 5 - MUNICIPAL AND COUNTY AIRPORTS
ARTICLE 1 - POWERS OF LOCAL GOVERNMENT
10-5-101. Powers of municipalities and counties generally; rules andregulations.
(a) Municipal corporations and counties within the state areauthorized at the discretion of their governing boards, acting either singly orjointly to:
(i) Acquire, by lease, purchase, or otherwise, lands and otherproperty for airport purposes, and to construct, maintain and operate thesefacilities for the landing, housing, care and departure of air-borne craft;
(ii) Construct, maintain and operate terminal office, trafficcontrol and nonaviation buildings; warehouses; barracks; meteorologyfacilities; maintenance, repair and assembly shops; runways and taxiing strips;accommodations for mail, freight and express services; and all other attendantfacilities;
(iii) Install, maintain and operate markers, lights and otheraids to air navigation;
(iv) Lease or let any portion of the area, buildings orfacilities to any private person or corporation, upon terms deemedsatisfactory. Notice shall be given by publication at least once a week for two(2) consecutive weeks in a newspaper published in a town or county in which theairport is located when it is proposed that all the area and total facilitiesare to be leased;
(v) Direct, manage, conduct or contract for air shows,exhibitions and other public entertainment and, if desired, set a fee foradmission;
(vi) Appoint a board of trustees to act under any authority grantedto the governing body of the municipality or county acting separately orjointly;
(vii) Enter into cooperative agreements with federal agencies;and
(viii) Do all things necessary in the discretion of the city, townor county governing authority for the purpose of making effective the powersconferred by W.S. 10-5-101 through 10-5-204.
(b) Any city, town or county governing authority in the state,either singly or jointly, may prescribe and enforce rules and regulations notin conflict with W.S. 10-5-101 through 10-5-204 by ordinance or resolution,governing these airports. The municipal court of the city or town hasjurisdiction to punish any violator of the ordinances of the city or towngoverning an airport whether the airport is within or without the city limits.
ARTICLE 2 - AIRPORT AUTHORITY
10-5-201. Authority of county commissioners to levy taxes and issuebonds; funds to be paid into "airport fund"; expenditure generally.
Forthe purposes of W.S. 10-5-101 through 10-5-204, the board of countycommissioners may levy taxes, issue bonds or incur indebtedness as authorizedby law for other county purposes. The board of county commissioners byresolution may also issue revenue bonds, notes, warrants and other revenuesecurities in the manner provided by W.S. 35-2-424 through 35-2-435, as fromtime to time amended, for trustees of hospital districts for the purposes ofW.S. 10-5-101 through 10-5-204. All taxes collected, together with other moniesreceived from the sale of bonds, cities or towns, rents and revenue, donations,federal grants and aid or other sources for this purpose, shall be placed in anairport fund which shall be expended only by the authority provided by law.
10-5-202. Airport board; organization; corporate powers; personalliability; compensation; appointment of manager.
(a) The authority and powers granted in W.S. 10-5-101 through10-5-204 and the control of funds named may be under the control of an airportboard. Upon majority vote of board members the board may issue revenue bonds,notes, warrants and other revenue securities in the same manner provided byW.S. 35-2-424 through 35-2-435 for trustees of hospital districts for thepurposes of W.S. 10-5-101 through 10-5-204. The board shall be appointed bythe municipal or county governing body and consist of five (5) members, all ofwhom shall be qualified electors of the county in which they serve. One (1)member of the board to be appointed for one (1) year; one (1) for two (2)years; one (1) for three (3) years; one (1) for four (4) years; and one (1) forfive (5) years, and in each case until the first Monday in February followingthe expiration of the year. The municipal or county governing body in theirJanuary meeting of each year shall appoint a successor to the board memberwhose term shall expire during the year. Thereafter appointments for a fullterm shall be for five (5) years. Vacancies for unexpired terms shall be filledby appointment by the municipal or county governing body.
(b) The board shall organize each year by selecting apresident, a vice president, a secretary and a treasurer from its membership.The secretary shall notify the municipal or county governing body of theboard's organization and shall file with the county clerk and the secretary ofstate a certificate showing their organization. Upon the filing of thecertificate the airport board shall become a body corporate, empowered to sueand be sued under the name and style of ".... Airport Board" andshall be the successor to any similar organization or corporation. Thecorporation shall have perpetual existence. No individual member of the boardshall be personally liable for any action or procedure of the board. Members ofthe board shall serve without compensation, but shall be entitled to paymentfor travel and other necessary expenses incurred while attending to business ormeetings of the board.
(c) Meetings of the board shall be held quarterly at a placedesignated by the board and at other times as may be desirable upon call of theairport board.
(d) The board may appoint a full or part time manager and otherpersonnel as necessary to operate and maintain the airport and its alliedfacilities and pay to appointees a reasonable compensation as the board deemsproper.
10-5-203. Airport board; dissolution and discontinuance.
Anyairport board, created under W.S. 10-5-101 through 10-5-204, may be dissolvedby resolution of the municipal or county governing body in a regular and publicmeeting. No board will be dissolved within the two (2) year period followingthe date of its creation. Within ninety (90) days after the passage of aresolution dissolving the board, the board shall proceed to terminate itsexistence. After payment of all obligations, any monies remaining under thecontrol of the board shall be credited to the general fund of the municipalityor county and be apportioned among the bodies politic comprising the board inthe same manner as the cost of maintaining the board was apportioned among thebodies politic and credited to their respective general funds.
10-5-204. Airport board; withdrawal of bodies politic.
Anymunicipality or county may withdraw from the board by resolution of itsgoverning body. No municipality or county may withdraw from a board within thetwo (2) year period following the establishment of the board and then onlyafter ninety (90) days written notice given to the board and to the othersponsoring political bodies. In the event of withdrawal of a body politic fromthe board, any funds which had been appropriated by the municipality or countybefore withdrawal, to cover its proportionate share of maintaining the board,shall not be returned to the municipality or county withdrawing.
ARTICLE 3 - ZONING
10-5-301. Power of counties, cities and towns.
(a) The governing body of each incorporated Wyomingmunicipality and county may regulate and restrict by ordinance the number ofstories and size of buildings and the height of other structures constructedupon land within one-half (1/2) mile of the boundaries of airports owned orcontrolled by the town, city or county. They may provide zoning for airspacebeyond one-half (1/2) mile of the boundaries and within the county, to assureaircraft reasonable safety for visual and instrument approach and departure.The right to zone shall be confined to the geographical limits of the currentapplicable approach zone established by the federal aviation administration forthe particular airport and in no case shall the right to zone extend beyond six(6) nautical miles along the approach path from the end of the instrumentrunway.
(b) The powers herein granted to towns and cities shall applyto all municipal airports whether situated within or without the incorporatedlimits of a city or town.
10-5-302. Manner of establishing regulations; appeals.
Zoningregulations shall be established by the municipal council and by the board ofcounty commissioners in the manner provided by law and appeals may be takenaccordingly.