AB1089,35,20 19(7) The district board shall name the district, and the name shall include
20"Airport District."
AB1089,35,22 21(8) The members of the district board shall be reimbursed for their actual and
22necessary expenses incurred in the performance of their duties.
AB1089,36,3 23229.862 Jurisdiction. (1) With regard to a county that on the effective date
24of this subsection .... [revisor inserts date], owns or operates an airport classified by
25the FAA as a transport airport which provides scheduled air transportation services

1and which had in excess of 2,000,000 scheduled passenger enplanements during the
2preceding 12-month period, the initial jurisdiction of the district created under s.
3229.861 (1) (a) is the territory of that airport.
AB1089,36,9 4(2) The initial jurisdiction of a district created under s. 229.861 (1) (b) includes
5all or part of the territory of a local governmental unit, as specified in the enabling
6resolution, except that no territory may be within the jurisdiction of more than one
7district and no local governmental unit may create a district having jurisdiction over
8an airport owned or operated by another unit of government without the consent of
9that other unit of government.
AB1089,36,14 10(3) The jurisdiction of any district shall expand beyond its initial jurisdiction
11to include any additional territory that is owned or leased by the district, and shall
12contract from its initial jurisdiction to exclude any territory that is no longer owned
13or leased by the district. The jurisdiction of a district may include territories that are
14not contiguous or that are located in multiple units of government.
AB1089,36,17 15229.863 Powers of a district. A district has all of the powers necessary or
16convenient to carry out the purposes and provisions of this subchapter. In addition
17to all other powers granted by this subchapter, a district may do all of the following:
AB1089,36,18 18(1) Adopt bylaws to govern the district's activities, subject to this subchapter.
AB1089,36,19 19(2) Sue and be sued in its own name, plead and be impleaded.
AB1089,36,20 20(3) Maintain an office.
AB1089,36,21 21(4) In connection with airport facilities:
AB1089,36,2322 (a) Acquire, construct, equip, maintain, improve, operate, and manage
23property, interests, or easements in property.
AB1089,36,2424 (c) Grant concessions.
AB1089,37,10
1(d) Enter into contracts, subject to such standards as may be established by the
2district board. The district board may award any such contract for any combination
3or division of work it designates and may consider any factors in awarding a contract,
4including price, time for completion of work, and qualifications and past performance
5of a contractor. Subject to s. 66.0901, all contracts for the construction, repair,
6remodeling, and improvement of any public work, the estimated costs of which
7exceed $100,000, shall be let by contract to the lowest qualified and competent
8bidder, except that no professional services contracts are subject to the lowest
9qualified and competent bidder requirement. The district may reject any bid that is
10submitted under this paragraph.
AB1089,37,1511 (e) Enter into contracts, leases, franchises, or other agreements with any
12person for granting the privilege of using, improving, or having access to an airport
13or any airport facility for commercial airline-related purposes consistent with its
14obligations under federal law, regulations, and assurances associated with accepting
15grants from the FAA or any other agency of the United States or this state.
AB1089,37,1916 (f) Enter into contracts or agreements, that are necessary or incidental to the
17performance of its duties and execution of its powers, with any department or agency
18of the United States, with any state or local governmental agency, or with any other
19person, including transfer agreements and guarantee agreements.
AB1089,37,2120 (g) Enter into contracts or agreements to license, regulate, or limit the number
21of all forms of ground transportation providing services within its jurisdiction.
AB1089,37,2222 (h) Sell or otherwise dispose of unneeded or unwanted property.
AB1089,38,2 23(5) Employ personnel and fix and regulate their compensation; and provide,
24either directly or subject to an agreement under s. 66.0301 as a participant in a

1benefit plan of another governmental entity, any employee benefits, including an
2employee pension plan.
AB1089,38,5 3(6) Purchase insurance, establish and administer a plan of self-insurance or,
4subject to an agreement with another governmental entity under s. 66.0301,
5participate in a governmental plan of insurance or self-insurance.
AB1089,38,8 6(7) Subject to ss. 229.866 and 229.867, issue bonds under s. 66.0621, and
7mortgage, pledge, or otherwise encumber the district's property or funds to secure
8the bonds.
AB1089,38,10 9(8) Maintain funds and invest the funds in any investment that the district
10board considers appropriate.
AB1089,38,14 11(9) Enter into interest rate exchange transactions or transactions to provide,
12currently or prospectively, a maximum or minimum interest rate on all or a portion
13of the indebtedness of the district and grant mortgages and other liens to secure the
14indebtedness.
AB1089,38,17 15(10) Promote, advertise, and publicize the airport, airport facilities, and the
16district, and provide information to persons with an interest in air transportation
17and other district activities.
AB1089,38,19 18(11) Appear before rate-making and rule-making authorities to represent and
19promote the interests of the district.
AB1089,38,24 20(12) Adopt and enforce reasonable rules, regulations, and ordinances
21governing the use of its airport facilities, and the conduct of its employees and the
22public, in order to promote public safety and convenience and to maintain order. The
23district may establish civil penalties for the violations of rules, regulations, and
24ordinances authorized under this subchapter.
AB1089,39,14
1(13) (a) The district shall have concurrent police power, with other authorized
2peace officers, in its jurisdiction. Such concurrent police authority shall not be
3construed to reduce or lessen the authority of the police power of the political
4subdivision in which an airport may be located. All district police officers shall
5cooperate with and be responsive to the local police authorities as they meet and
6exercise their statutory responsibilities. All district police officers may arrest, with
7or without warrant, any person on or in airport facilities within the district's
8jurisdiction who the officers have reasonable grounds to believe has violated a state
9law or any rule promulgated under this subchapter and deliver the person to any
10court having jurisdiction over the violation and execute a complaint charging the
11person with the violation. This subsection does not impair the duty of any other
12peace officers within their jurisdictions to arrest and take before the proper court
13persons found violating any state law on or in airport facilities within the district's
14jurisdiction.
AB1089,39,2315 (b) The district may employ police for the airport facilities and chiefs to head
16such police, or contract for police with a political subdivision, all of whom shall be
17considered peace officers under s. 939.22 (22) under the supervision and control of
18the district. The police officers shall meet the minimum standards established for
19other police officers by the law enforcement standards board or a comparable agency.
20The police shall preserve the peace in the jurisdiction of the district and enforce all
21rules promulgated under this subchapter and all other laws. The district may,
22subject to s. 66.0313, request of any other law enforcement agency assistance within
23the district's jurisdiction, notwithstanding any other jurisdictional provision.
AB1089,40,224 (c) The district may employ security personnel, or contract for the provision of
25security personnel, to provide routine patrol functions. The security personnel are

1not subject to the minimum standards established for other police officers by the law
2enforcement standards board or a comparable agency.
AB1089,40,5 3(14) Establish and collect rates and charges for the use of airport facilities or
4for services provided by the district, including PFCs under the Federal Aviation Act
5of 1958, as amended.
AB1089,40,7 6(15) Engage accountants, attorneys, consultants, and other professionals or
7service providers.
AB1089,40,9 8(16) Enter into partnerships, joint ventures, common ownership, or other
9arrangements with other persons to further the district's purposes.
AB1089,40,11 10(17) Enter into an agreement with a political subdivision to establish an airport
11affected area under s. 66.1009.
AB1089,40,18 12(18) Act as a sponsor and submit requests for, accept, and be responsible to
13perform all of the assurances associated with accepting grants from the FAA or any
14other agency of the United States or of this state, with respect to an airport that is
15owned by the district, and to perform the duties and responsibilities previously
16assumed by the municipality or municipalities which have transferred an airport to
17the district under s. 229.865 by virtue of its acceptance of grants from the FAA or any
18other agency of the Untied States or this state.
AB1089,40,21 19(19) Subject to the limitation on the exercise of powers and duties described
20under s. 229.861 (5) (a), take any necessary action to comply with the terms and
21conditions of a FAA certificate, as described in 14 CFR 139.
AB1089,40,24 22(20) Appoint a building inspector to enforce all ordinances, rules, and
23regulations adopted under sub. (12) that relate to any construction, remodeling, or
24renovation of airport facilities.
AB1089,40,25 25(21) Establish a fire department to provide service to airport facilities.
AB1089,41,3
1229.864 Powers granted to local governmental units; limitations on
2powers.
(1) In addition to any powers that it may otherwise have, a local
3governmental unit may do any of the following:
AB1089,41,54 (a) Make grants or loans to a district upon terms that the local governmental
5unit considers appropriate.
AB1089,41,66 (b) Expend public funds to subsidize a district.
AB1089,41,87 (c) Borrow money under ss. 67.04 and 67.12 (12) for airport facilities or to fund
8grants, loans, or subsidies to a district.
AB1089,41,109 (d) Lease or transfer property to a district upon terms that the local
10governmental unit considers appropriate.
AB1089,41,13 11(2) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political
12subdivision may not enact or enforce a zoning ordinance within the jurisdiction of a
13district.
AB1089,42,3 14229.865 Transfer agreements. (1) (a) In the case of a district created under
15s. 229.861 (1) (a), and subject to pars. (b) to (e), the county shall transfer and assign
16to the district all of the county's right, title, and interest in an airport and airport
17facilities that are owned or operated by the county on the effective date of this
18paragraph .... [revisor inserts date], or on the soonest practicable date agreed to by
19the district and the county, but such date may not be later than the first day of the
207th month beginning after the effective date of this paragraph .... [revisor inserts
21date]. The transfer shall include all of the county's interest in assets, property,
22licenses, contracts, and revenues related to the airport and airport facilities. On the
23date of transfer, the district shall accept the assignment of all contracts with other
24persons, with respect to the transferred airport and airport facilities, that are in force
25at the time of transfer, and shall assume all obligations and liabilities of the county

1related to the airport and airport facilities. The district shall indemnify the county
2and hold the county harmless against and from all obligations and liabilities that are
3transferred to the district under this paragraph.
AB1089,42,84 (b) The county shall cooperate with the district in obtaining any 3rd-party
5consents or approvals that are necessary to accomplish the transfer and provide for
6safe and uninterrupted service at the airport and airport facilities. The appropriate
7officials of the county shall execute any deed, bill of sale, or other instrument of
8conveyance, assignment, or transfer as may be necessary to accomplish the transfer.
AB1089,42,139 (c) On the date of the transfer, the district shall accept an assignment of any
10collective bargaining agreement in force at the time of the transfer with respect to
11persons employed by the county at a transferred airport or airport facilities. The
12transfer transaction shall be without financial consideration other than the
13assumption of liabilities and obligations.
AB1089,42,1814 (d) Notwithstanding the provisions of pars. (a) to (c), the transfer agreement
15entered into by the county and the district under this subsection may contain more
16specific, or different, terms and conditions than the transactions or provisions
17required under pars. (a) to (c), and the transfer agreement may contain exceptions
18to what otherwise would be required by pars. (a) to (c).
AB1089,42,2319 (e) The transfer and assignment described in par. (a) may not occur earlier than
20the FAA approval date. If the FAA approval date has not occurred on or before the
21first day of the 7th month beginning after the effective date of this paragraph ....
22[revisor inserts date], the county shall make the transfer and assignment described
23in par. (a) on the FAA approval date.
AB1089,43,8 24(2) A local governmental unit may enter into a transfer agreement with a
25district created under s. 229.861 (1) (b) to provide the terms and conditions upon

1which the local governmental unit transfers an airport and airport facilities to the
2district. A transfer may take the form of a sale, lease, or other conveyance and may
3be with or without financial consideration. A transfer agreement shall require the
4district to accept an assignment of any collective bargaining agreement in force at
5the time of the transfer with respect to persons employed by the local governmental
6unit at a transferred airport or airport facilities. A transfer agreement shall require
7the district to accept an assignment of all contracts with other persons, with respect
8to transferred airport facilities, that are in force at the time of transfer.
AB1089,43,13 9(3) A local governmental unit may transfer an airport and airport facilities, and
10any related assets, property, licenses, contracts, and revenues to a district created
11by another local governmental body or to a district created under s. 229.861 (1) (a)
12upon the terms and conditions contained in a transfer agreement that is agreed to
13by the parties.
AB1089,43,19 14229.866 Issuance of bonds. (1) A district may issue bonds under s. 66.0621
15for any corporate purpose related to airport facilities, the operation of an airport, or
16the impact of an airport on surrounding areas and properties. The district may issue
17bonds to fund, refund, advance refund, or purchase any outstanding bond of the
18district. All bonds of the district are declared to be negotiable for all purposes,
19notwithstanding that their payment may be from a limited source.
AB1089,43,21 20(2) The bonds shall be payable solely out of revenues of the district that are
21specified in the bond resolution of the district or in a related trust indenture.
AB1089,44,8 22(3) The bonds shall be authorized by a bond resolution of the district and shall
23bear dates, mature at times not exceeding 40 years from their respective dates of
24issue, bear interest at fixed or variable rates, be payable at times, be in
25denominations, be in certificated or book entry or other form, either coupon or fully

1registered, carry registration and conversion privileges, be executed in such a
2manner, be payable in lawful money of the United States at places, and be subject
3to any terms of redemption as provided in the bond resolution or the related trust
4indenture. The bonds shall be executed by the manual or facsimile signatures of such
5officers of the district as the district designates. The bonds may be sold at public or
6private sale at a price and in such a manner as the district determines. Pending
7preparation of the definitive bonds, the district may issue interim receipts or
8certificates that shall be exchanged for the definitive bonds.
AB1089,44,11 9(4) A bond resolution or a related trust indenture may contain provisions,
10which shall be a part of the contract with the bondholders under the resolution,
11relating to any of the following:
AB1089,44,1312 (a) Pledging or assigning the revenues of the project with respect to which the
13bonds are to be issued or other specified revenues or properties of the district.
AB1089,44,1614 (b) The rentals, fees, and any other amounts to be charged, and the sums to be
15raised in each year from the rentals, fees, and any other amounts to be charged, and
16the use, investment, and disposition of the sums.
AB1089,44,1917 (c) Limitations on the issuance of additional bonds, the terms upon which
18additional bonds may be issued and secured, and the terms upon which additional
19bonds may rank on a parity with, or be subordinate or superior to, other bonds.
AB1089,44,2120 (d) Limitations on the purpose to which, or the investments in which, the
21proceeds from the sale of any issue of bonds may be applied.
AB1089,44,2322 (e) The setting aside of reserves or sinking funds, and their regulation,
23investment, and disposition.
AB1089,44,2524 (f) The funding, refunding, advance refunding, or purchase of outstanding
25bonds.
AB1089,45,3
1(g) The procedure, if any, by which the terms of any contract with bondholders
2may be amended or abrogated, the amount of bonds the holders of which must
3consent thereto, and the manner in which this consent may be given.
AB1089,45,64 (h) Defining the acts or omissions to act that shall constitute a default in the
5duties of the district to the holders of its obligations, and providing the rights and
6remedies of the holders in the event of a default.
AB1089,45,87 (i) Any other matters relating to the bonds that the district considers
8appropriate.
AB1089,45,11 9(5) Neither the members of the district board nor any person executing the
10bonds are liable personally on the bonds or subject to any personal liability or
11accountability by reason of the issuance of the bonds.
AB1089,45,21 12(6) The district may secure any bonds by a trust agreement, trust indenture,
13indenture of mortgage, or deed of trust by and between the district and one or more
14trust companies or banks having trust powers. The bond resolution providing for the
15issuance of bonds or a related trust indenture may mortgage, pledge, assign, and
16grant security interests in any of the revenues and property of the district and may
17contain provisions for protecting and enforcing the rights and remedies of the
18bondholders as are reasonable and proper, and may restrict the individual right of
19action by bondholders. In addition, any bond resolution or a related trust indenture
20may contain any other provisions that the district considers reasonable and proper
21for the security of the bondholders.
AB1089,45,25 22(7) The district may purchase bond insurance, letters of credit, or other forms
23of credit enhancement to secure the bonds and may enter into reimbursement
24agreements with the providers thereof and may secure the same with mortgages,
25liens, and pledges of the district's properties and revenues.
AB1089,46,5
1(8) Neither the state nor any political subdivision of the state is liable on bonds
2of the district. All bonds of the district shall contain a statement to that effect. The
3issuance of bonds by the district shall not, directly or indirectly or contingently,
4obligate the state or any political subdivision of the state to levy any form of taxation
5therefor or to make any appropriation for their payment.
AB1089,46,11 6229.867 State pledge. The state pledges to and agrees with the bondholders,
7and persons that enter into contracts with a district, that the state will not limit or
8alter the rights and powers vested in a district before the district has fully met and
9discharged the bonds, and any interest due on the bonds, and has fully performed its
10contracts, unless adequate provision is made by law for the protection of the
11bondholders or those entering into contracts with the district.
AB1089,46,19 12229.868 Budgets; rates and charges; audit. A district shall adopt a
13calendar year as its fiscal year for accounting purposes. The district board shall
14annually prepare a budget for the district. Rates and other charges received by the
15district shall be used for the general expenses and capital expenditures of the district
16and to pay interest, amortization, and retirement charges on bonds. The district
17shall maintain an accounting system in accordance with generally accepted
18accounting principles and shall have its financial statements and debt covenants
19audited annually by an independent certified public accountant.
AB1089,47,2 20229.869 Dissolution of a district. Subject to providing for the payment of
21its bonds, including interest on the bonds, and the performance of its other
22contractual obligations, a district may be dissolved by the district board and the
23airport, airport facilities, and other property of the district shall be transferred to a

1political subdivision, other district, or other public body that agrees to accept the
2transfer.
AB1089,47,33 (End)
Loading...
Loading...