a. The purpose of the Regional Airport Board shall be to establish, maintain, operate and expand necessary, desirable or appropriate airport and air navigation facilities. It shall have the duty and such powers as may be necessary, or desirable to promote and develop aviation, including air transportation, airports and air navigation facilities.
b. The Board shall establish and fix reasonable rates, charges and fees for the use of the landing area, ramps and other common aviation facilities. In fixing such rates, charges or fees, the Board may take into consideration, among other factors, the total capital investment by the Board or other local or State governmental authority, the revenue needed to properly maintain such facilities, the revenue needed to properly expand the airport and its facilities, the portion of the facilities utilized by the licensee or contracting party and its customers, and the volume and type of business conducted. Any party aggrieved by the rates, charges or fees may appeal from the action of the Board to the Circuit Court of the County within ninety (90) days from the date that the Board finally publishes such rates, charges or fees and gives notice of same to the contracting party or licensee. The Circuit Court may hear evidence and determine whether or not the rates, charges or fees are, or are not, reasonable in amount. Appeal from the judgment of the Circuit Court may be prosecuted as any other civil appeal.
c. The Board shall likewise have power to fix rates, charges or fees by contract, or by publishing general rates, charges or fees for commercial vendors, concessionaires or other persons for the use or occupancy of terminal or other ground use facilities, under such terms or conditions as it may deem to be in the best interest of maintaining, operating or expanding necessary airport and air navigation facilities, and the public use thereof.
d. The Board or any other governmental unit may acquire by contract, lease, purchase, gift, condemnation or otherwise any real or personal property, or rights therein necessary for establishing, operating or expanding airports and air navigation facilities. The Board may erect, equip, operate and maintain on such property, buildings and equipment necessary, desirable or appropriate for airport or air navigation facilities. The Board may dispose of any real or personal property, or rights therein, which in the opinion of the Board are no longer needed for operating or expanding the airport or air navigation facilities.
e. The Board or any other governmental unit may by resolution reciting that the property is needed for airport or air navigation purposes direct the condemnation of any property, including navigation or other easements. The procedure for condemnations shall conform to KRS 183.133(5) and the Eminent Domain Act of Kentucky (KRS 416.540 et seq.).
f. The Board may make, adopt and enforce such rules, regulations and ordinances as it may find necessary, desirable or appropriate for carrying into effect the purposes of this chapter, including those relating to the operation and control of the airport, airport facilities or air navigation facilities owned or operated by such Board or such other governmental unit. All rules, regulations and ordinances adopted pursuant to this Section shall be published according to the provisions of KRS 424.130, and the Board or other governmental unit adopting them shall keep a permanent record of such rules, regulations and ordinances available for public inspection on the airport premises. Prosecution for a violation of any rule, regulation or ordinance adopted pursuant to this Section shall be in the District Court.
(Ord. BG80-63, S3-4, 7/15/80; Ord. BG84-17, S3-4, 5/1/84; Ord. BG2002-25, 6/11/2002; Ord. BG2009-34, 12/1/2009)
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** State law reference: Statutory regulations generally, KRS CH. 183.