NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 503

HOUSE BILL 861

 

AN ACT ENABLING THE COUNTY OF DARE TO ESTABLISH AN AIRPORT AUTHORITY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  There is hereby created the "Dare County Airport Authority" for brevity hereinafter referred to as the "Airport Authority", which shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated and such other and additional powers as shall be conferred upon it by future acts of the General Assembly.

Sec. 2.  The Airport Authority shall consist of seven members who shall be appointed to staggered terms of four years by the Dare County Board of Commissioners.  All of the members shall be residents of the County of Dare.  The terms of the initial seven members of the Authority shall be as follows: four members shall be appointed for terms of four years, and three members shall be appointed for terms of two years; thereafter, all terms shall be for four years.  Each of the members and their successors so appointed shall take and subscribe to an oath of office before the Clerk of the Superior Court of Dare County and file same with the County Commissioners of Dare County.  Upon the occurrence of any vacancy on said Authority, said vacancy shall filled within sixty (60) days after notice thereof at a regular meeting of the Board of County Commissioners.

Sec. 3.  The members shall, for the purpose of doing business, constitute a board of directors, which may adopt suitable by-laws for its management.  The members of the board shall receive compensation, per diem, as fixed by the Board of Commissioners of Dare County from time to time, and shall be allowed and paid their actual traveling expenses incurred in transacting the business and at the instance of the said Airport Authority.  A majority of said board shall control its decisions.  Each member of said board, including the chairman, shall have one vote.  At the first meeting of said board and annually thereafter, it shall elect from among its members a chairman and a secretary and a treasurer.  The said board shall meet at such places and time as the chairman shall designate.

Sec. 4.  The said Airport Authority shall constitute a body, both corporate and politic, and shall have the following powers and authority:

(1)       To purchase, acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate airports or landing fields for the use of airplanes and other aircraft within the limits of the County of Dare and for any of such purposes, to purchase, improve, own, hold, lease and/or operate real or personal property.

(2)       To sue or be sued in the name of said Airport Authority, to acquire by purchase and to hold lands for the purpose of constructing, maintaining or operating any airport within the limits of said County, and to make such contracts and to hold such personal property as may be necessary for the exercise of the powers of the said Airport Authority. The said Airport Authority may acquire by purchase, or otherwise, any existing lease, leasehold right or other interest in any existing airport located in the County of Dare.

(3)       To charge and collect reasonable and adequate fees and rents for the use of the airport property or for services rendered in the operation thereof.

(4)       To make all reasonable rules and regulations as it deems necessary for the proper maintenance and operation of the said airport; to provide penalties for the violation of such rules and regulations; provided said rules and regulations and schedules of fees be not in conflict with the laws of the State of North Carolina, and the rules and regulations of the Federal Government.

(5)       To issue bonds, notes, or other securities for the purpose of providing funds for the acquisition, construction, reconstruction, improvement, betterment, or extension of airport facilities of the Airport Authority, or for the acquisition of property for such facilities. The Airport Authority is hereby further authorized to issue revenue refunding bonds, notes, or other securities for the purpose of refunding any bonds, notes or other securities then outstanding which shall have been issued under the provisions of this act or the Revenue Bond Act of 1938, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, notes or other securities, and, if deemed advisable by the Board of Directors of the Airport Authority, to provide for the issuance of its revenues refunding bonds, notes, or other securities for the combined purpose of refunding any bonds, notes, or other securities then outstanding which shall have been issued by the Authority under the provisions of this act or the Revenue Bond Act and financing in whole or in part the reconstruction, improvement, betterment, or extension of the undertaking or facility for which the bonds, notes, or other securities to be refunded shall have been issued, or the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking or facility combined or to be combined with the undertaking or facility for which the bonds, notes, or other securities to be refunded shall have been issued. The issuance of such bonds, notes, or other securities, the maturities and other details thereof, and the rights, duties, and obligations of the Airport Authority in respect of the same, shall be governed by the provisions of this act insofar as the same may be applicable. Such bonds, notes, or other securities shall be issued in such form and denomination, shall mature at such time or times not exceeding 50 years from their date or dates, may be made redeemable at such price or prices and under such terms and conditions, and shall bear interest at such rate or rates, payable annually or semiannually, as the Board of Directors may determine by resolution. The Board of Directors shall also determine by resolution the form and manner of execution of any such bonds, notes, or other securities, including any interest coupons attached thereto; provided, however, that at least one manual signature must appear on every bond, note, or other security which signature may be the manual signature of the representative of the Local Government Commission to the certificate of the Commission on such bond, note, or other security.

No bonds, notes, or other securities issued by the Airport Authority under the provisions of this act shall be obligations of the County of Dare but no such bonds, notes, or other securities shall be issued without the approval of the Board of Commissioners for the County of Dare.

The sale of any such bonds, notes, or other securities shall be made by and with the approval of the Local Government Commission. The Board of Commissioners for the County of Dare shall not be required to approve any such sale.

Upon the request of the Board of Directors, any such bonds, notes, or other securities may be sold by the Local Government Commission in exchange for real property; provided, however, that the value of any such real property to be acquired by the Airport Authority shall have been either judicially determined or determined by at least two certified appraisals approved by the Board of Commissioners for the County of Dare prior to such exchange and that the exchange shall have been approved by the Local Government Commission.

Upon the filing with the Local Government Commission of a resolution of the Board of Directors requesting that its bonds, notes, or securities issued pursuant to this act be sold at private sale and without advertisement and upon the approval of such request by said Commission, such bonds, notes, or securities may be sold by said Commission at private sale and without advertisement to any purchaser or purchasers thereof, such sale to be for such price as said Commission shall determine to be for the best interest of the Airport Authority and as shall be approved by the Board of Directors.

(6)       The Airport Authority is hereby authorized and empowered to pledge to the payment of the principal of and the interest on any bonds, notes, or other securities all or any part of the revenues, rents, income, and tolls arising out of the use of or in connection with any airport property or any specific part of the airport property. Such bonds, notes, or other securities shall be issued upon such terms, covenants, and conditions as the Board of Directors may determine by resolution.

(7)       Bonds, notes, or other securities issued by the Airport Authority under this act shall be exempt from all State, county, or municipal taxes or assessments, direct or indirect, general or special, and the interest paid on such bonds, notes, or other securities shall not be subject to taxation as income.

(8)       To sell or otherwise dispose of, any property, real or personal, belonging to the Airport Authority, but no sale of real property shall be made without the approval of the Board of County Commissioners of Dare County.

(9)       To purchase such insurance as the Airport Authority shall deem necessary.

(10)     To deposit or invest and reinvest any of its funds as provided by G.S. 159-28.1, a part of the Local Government Act, as it may be amended from time to time, for the deposit or investment of unit funds.

(11)     To purchase any of its outstanding bonds or notes.

(12)     To operate, own, lease, control, regulate, or grant to others the right to operate on any airport premises, restaurants, snack bars and vending machines, food and beverage dispensing outlets, rental car services, catering services, novelty shops, insurance sales, advertising media, merchandising outlets, motels, hotels, barber shops, automobile parking and storage facilities, automobile service stations, garage service facilities, motion picture shows, personal service establishments, and all other types of facilities as may be directly or indirectly related to the maintenance and furnishing to the public of a complete air terminal installation.

(13)     To possess the same exemptions in respect to payment of taxes and license fees as provided for municipal corporations by the laws of the State of North Carolina.

Sec. 5.  The Airport Authority is hereby declared to be a "municipality" within the meaning of the Revenue Bond Act of 1938 having the power to issue revenue bonds for airport purposes under and pursuant to the provisions thereof.  In addition to the power conferred upon the Airport Authority by the Revenue Bond Act to issue revenue refunding bonds for the purposes set forth in said act, the Airport Authority is hereby authorized to issue revenue refunding bonds under the Revenue Bond Act for the purpose of refunding any revenue bonds then outstanding which shall have been issued under the provisions of the Revenue Bond Act or any bonds, notes, or other securities then outstanding which shall have been issued under the provisions of this act, or any combination thereof, including the payment of any redemption premium thereon and any interest accrued or to be accrued to the date of redemption of such bonds, notes, or other securities, and, if deemed advisable by the Board of Directors, to provide for the issuance of revenue refunding bonds under the Revenue Bond Act for the combined purpose of (a) refunding any bonds then outstanding which shall have been issued under the provisions of the Revenue Bond Act or any bonds, notes, or other securities then outstanding which shall have been issued under the provisions of this act, or any combination thereof, and (b) financing in whole or in part the reconstruction, improvement, betterment, or extension of the undertaking or facility for which the bonds, notes or other securities to be refunded shall have been issued, or the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking or facility combined or to be combined with the undertaking or facility for which the bonds, notes, or other securities to be refunded shall have been issued.  The issuance of any such revenue refunding bonds by the Airport Authority under the provisions of the Revenue Bond Act shall be governed by the provisions of the Revenue Bond Act insofar as the same may be applicable.  The powers contained in the Revenue Bond Act and hereby conferred on the Airport Authority shall be deemed to be in addition to and not in substitution for the powers conferred on the Airport authority by this act so that Airport Authority may, at its option, proceed under the Revenue Bond Act without regard to any restrictions or limitations imposed by this act or proposed under this act without regard to any restrictions or limitations imposed by the Revenue Bond Act; provided, however, that in no event shall any bonds, notes, or other securities, including any revenue bonds issued under the Revenue Bond Act, be issued by the Airport Authority without the approval of the Board of Commissioners for the County of Dare.

Sec. 6.  For the purpose of aiding the Airport authority in the financing of improvements at the airport facilities of the Airport Authority, the County of Dare is hereby authorized to issue bonds, under and pursuant to the County Finance Act, for airport purposes as provided in Section 153-77 of said act the same as if such bonds were to be issued to finance improvements at an airport owned and operated by the County of Dare.  The proceeds of the sale of any such bonds may be expended by the County of Dare or by the Airport Authority as may be determined by the Board of Commissioners for the County of Dare.

Sec. 7.  The Airport Authority is hereby authorized and empowered to acquire from the County of Dare by agreement therewith, and such County is hereby authorized and empowered to grant and convey, either by gift or for such consideration as it may be deemed wise, any real or personal property which it now owns or may hereafter be acquired, and which may be necessary for the construction, operation and maintenance of any airport located in the County of Dare.

Sec. 8.  Any lands acquired, owned, controlled or occupied by said Airport Authority shall, and are hereby declared to be acquired, owned, controlled and occupied for a public purpose.

Sec. 9.  Private property needed by said Airport Authority for any airport, landing field or facilities of same may be acquired by gift or devise, or may be acquired by private purchase or by the exercise of the power of eminent domain, pursuant to the provisions of Chapter 40 of the General Statutes of North Carolina, as amended.

Aviation easements needed by the Airport Authority for any airport, landing field or facilities of same may likewise be acquired by gift, devise, or private purchase or by the exercise of the power of eminent domain by said Authority, pursuant to the provisions of Chapter 40 of the General Statutes of North Carolina.

Sec. 10.  The said Airport Authority shall make an annual report to the Dare County Commissioners setting forth in detail the operations and transactions conducted by it pursuant to this act.  The said Airport Authority shall be regarded as the corporate instrumentality and agent for the County of Dare for the purpose of developing airport facilities in the County of Dare but it shall have no power to pledge the credit of the County of Dare or any subdivision thereof, or to impose any obligation upon the County of Dare or any subdivision thereof, except and when such power is expressly granted by statute or the consent of the County of Dare.

Sec. 11.  All rights and powers given to the counties or municipalities by the statutes of North Carolina, which may now be in effect or be enacted in the future relating to the development, regulation and control of airports and the regulations of aircraft are hereby vested in said Airport Authority, and the County of Dare may delegate its powers under the said acts to the Authority and the Authority shall have concurrent right with the County of Dare to control, regulate, and provide for the development of aviation in the County of Dare.

Sec. 12.  The said Airport Authority is hereby authorized to employ such agents, engineers, and attorneys and other persons whose services may be deemed by the Airport Authority to be necessary or useful in carrying out the provisions of this act. Members of the Dare Airport Authority shall not be personally liable, in any manner, for their acts as members of the Airport Authority, except for misfeasance or malfeasance.

Sec. 13.  The governing body of said County is hereby authorized to appropriate and use from the net proceeds derived from the operation by said County, of any public utility, or from funds derived from any source other than ad valorem taxes, sums sufficient to carry out the provisions of this act as to the establishing and maintenance of any airport in such proportion and upon such basis as may be determined by said County.

Sec. 14.  Said Authority shall have the right and is empowered to expend such funds as are appropriated from time to time by the said governmental unit for airport purposes and is empowered to enter into contracts and pledge the credit of the Authority to the extent of the moneys appropriated by the said governmental unit for airport purposes.

Sec. 15.  The said Board shall have authority to deal with the Federal Aviation Administration of the United States Government and any other representative of the United States Government relative to the grading, constructing, equipping, improving, maintaining and operating of airports and landing fields established or acquired under the authority of this act.

Sec. 16.  The powers granted to the authority shall not be effective until such time as the members of the Authority have been appointed by the Dare County Commissioners and nothing herein contained shall require the Dare County Commissioners to make initial appointments to said Authority, it being the specific intent of this legislation to enable but not require the formation of the Authority.

Sec. 17.  The Airport Authority shall administer all funds under the supervision of the County Accountant in accord with duly existing regulations regarding the expenditure of public funds provided that the signature upon the checks drawn on such funds shall bear the signature of the Chairman or Secretary of the Airport Authority and the signature of the County Accountant.

Sec. 18.  The Airport Authority is required to report quarterly to the Dare County Board of Commissioners about the plans of the Authority, the operation and maintenance of the airport, improvements to the airport facility, together with such recommendations as the Authority may offer.

Sec. 19.  If any part or parts of this act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act, and all laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 20.  This act shall take effect from and after its ratification.

In the General Assembly read three times and ratified, this the 3rd day of June, 1971.