GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997
SESSION LAW 1998-130
The General Assembly of North Carolina enacts:
Section 1. Section 1 of S.L. 1997-275 reads as rewritten:
"Section 1. There is hereby created the 'Halifax-Roanoke
Rapids Halifax Regional Airport Authority' (for brevity hereinafter
referred to as the 'Airport Authority'), which shall be a body both corporate
and politic, having the powers and jurisdiction hereinafter enumerated and such
other and additional powers as shall be conferred upon it by general law and
future acts of the General Assembly. For purposes of this act the word
'City' when used alone shall mean the City of Roanoke Rapids and the word
'County' when used alone shall mean either Halifax County or Northampton
County."
Section 2. Section 2 of S.L. 1997-275 reads as rewritten:
"Section 2. The Airport Authority shall consist of
seven nine members, three two of whom shall be
appointed to staggered three-year terms by the Roanoke Rapids City Council Council,
two of whom shall be appointed to staggered three-year terms by the Northampton
County Board of Commissioners, and three four of whom shall
be appointed to staggered three-year terms by the Halifax County Board of Commissioners
Commissioners, and one of whom shall be appointed by the other six
eight members of the Airport Authority. The members appointed
by the Roanoke Rapids City Council shall be qualified voters of the City of
Roanoke Rapids, the members appointed by the Northampton County Board of
Commissioners shall be qualified voters of the County of Northampton, and
the members appointed by the Halifax County Board of Commissioners and the
Airport Authority shall be qualified voters of the County of Halifax.
Each member appointed from Halifax County shall take and subscribe
before the Clerk of Superior Court of Halifax County an oath of office and office.
Each member appointed from Northampton County shall take and subscribe before
the Clerk of Superior Court of Northampton County an oath of office. They
shall file the same with the Halifax County Board of Commissioners Commissioners,
the Northampton County Board of Commissioners, and the Roanoke Rapids City
Council. Membership on the Halifax County Board of Commissioners Commissioners,
the Northampton County Board of Commissioners, or the Roanoke Rapids City
Council and the Airport Authority shall not constitute double office holding
within the meaning of Article VI, Section 9 of the Constitution of North
Carolina."
Section 3. Section 3 of S.L. 1997-275 reads as rewritten:
"Section 3. The Airport Authority may adopt
suitable bylaws for its management. The members of the Airport Authority shall
may receive compensation, per diem, or otherwise as the Roanoke
Rapids City Council or Council, the Halifax County Board of Commissioners
Commissioners, or the Northampton County Board of Commissioners from
time to time determines and be paid their actual traveling expenses incurred in
transacting the business and at the instance of the Airport Authority.
Members of the Airport Authority shall not be personally liable for their acts
as members of the Airport Authority, except for acts resulting from misfeasance
or malfeasance."
Section 4. Subsection (a) of Section 4 of S.L. 1997-275 reads as rewritten:
"(a) The 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 and landing fields for the use of airplanes and other
aircraft within the limits of the County and for this purpose to purchase,
improve, own, hold, lease, or operate real or personal property. The
Airport Authority may exercise these powers alone or in conjunction with the
City of Roanoke Rapids Rapids, the County of Northampton, or the
County of Halifax.
(2) To sue and be sued in the name of the Airport Authority, to make contracts and hold any personal property necessary for the exercise of the powers of the Airport Authority, and acquire by purchase, lease, or otherwise any existing lease, leasehold right, or other interest in any existing airport located in the County.
(3) To charge and collect reasonable and adequate fees and rents for the use of airport property or for services rendered in the operation of the airport.
(4) To make all reasonable
rules and regulations it deems necessary for the proper maintenance, use,
operation, and control of the airport and provide penalties for the violation
of these rules and regulations; provided, the rules and regulations and
schedules of fees not be in conflict with the laws of North Carolina, and the
regulations of the Federal Aviation Administration. The Airport Authority
may administer and enforce any airport zoning regulations adopted by the City
of Roanoke Rapids Rapids, the County of Northampton, or the
County of Halifax.
(5) To issue bonds pursuant to Article 5 of Chapter 159 of the General Statutes.
(6) To sell, lease, or
otherwise dispose of any property, real or personal, belonging to the Airport
Authority, according to the procedures described in Article 12 of Chapter 160A
of the General Statutes, but no sale of real property shall be made without the
approval of the Halifax County Board of Commissioners Commissioners,
the Northampton County Board of Commissioners, and the Roanoke Rapids City
Council.
(7) To purchase any insurance that the Federal Aviation Administration or the Airport Authority shall deem necessary. The Airport Authority shall be responsible for any and all insurance claims or liabilities.
(8) To deposit or invest and reinvest any of its funds as provided by the Local Government Finance Act, as it may be amended from time to time, for the deposit or investment of unit funds.
(9) To purchase any of its outstanding bonds or notes.
(10) To operate, own, lease, control, regulate, or grant to others, for a period not to exceed 25 years, the right to operate on any airport premises restaurants, snack bars, 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 establishments, and all other types of facilities as may be directly or indirectly related to the maintenance and furnishing to the general public of a complete air terminal installation.
(11) To contract with persons, firms, or corporations for terms not to exceed 25 years, for the operation of airline-scheduled passenger and freight flights, nonscheduled flights, and any other airplane activities not inconsistent with the grant agreements under which the airport property is held.
(12) To erect and construct buildings, hangars, shops, and other improvements and facilities, not inconsistent with or in violation of the agreements applicable to and the grants under which the real property of the airport is held; to lease these improvements and facilities for a term or terms not to exceed 25 years; to borrow money for use in making and paying for these improvements and facilities, secured by and on the credit only of the lease agreements in respect to these improvements and facilities, and to pledge and assign the leases and lease agreements as security for the authorized loans.
(13) Subject to the limitations set out in this act, to have all the same power and authority granted to cities and counties pursuant to Chapter 63 of the General Statutes, Aeronautics.
(14) To have a corporate seal, which may be altered at will."
Section 5. Section 8 of S.L. 1997-275 reads as rewritten:
"Section 8. The Airport Authority shall make an
annual report to the Halifax County Board of Commissioners Commissioners,
the Northampton County Board of Commissioners, and the Roanoke Rapids City
Council setting forth in detail the operations and transactions conducted by it
pursuant to this act. The Airport Authority shall not have the power to
pledge the credit of Halifax County County, Northampton County, or
the City of Roanoke Rapids, or any subdivision thereof, or to impose any
obligation on Halifax County County, Northampton County, or the
City of Roanoke Rapids, or any of their subdivisions, except when that power is
expressly granted by statute."
Section 6. Section 9 of S.L. 1997-275 reads as rewritten:
"Section 9. Subject to the limitations as set out
in this act, all rights and powers given and granted to counties or
municipalities by general law, which may now be in effect or enacted in the
future relating to the development, regulation, and control of municipal
airports and the regulation of aircraft are vested in the Airport
Authority. The Halifax County Board of Commissioners Commissioners,
the Northampton County Board of Commissioners, or the Roanoke Rapids City
Council may delegate their powers under these acts to the Airport Authority,
and the Airport Authority shall have concurrent rights with Halifax County County,
Northampton County, and the City of Roanoke Rapids to control, regulate,
and provide for the development of aviation in Halifax County. County
and Northampton County."
Section 7. Section 12 of S.L. 1997-275 reads as rewritten:
"Section 12. The Halifax County Board of Commissioners
Commissioners, the Northampton County Board of Commissioners, or the
Roanoke Rapids City Council may appropriate funds derived from any source
including ad valorem taxes to carry out the provisions of this act in any proportion
or upon any basis as may be determined by the Halifax County Board of Commissioners
Commissioners, the Northampton County Board of Commissioners, or the
Roanoke Rapids City Council."
Section 8. Section 15 of S.L. 1997-275 reads as rewritten:
"Section 15. The powers granted to the Airport
Authority shall not be effective until the members of the Airport Authority
have been appointed by the Halifax County Board of Commissioners Commissioners,
the Northampton County Board of Commissioners, and the Roanoke Rapids City
Council, and nothing in this act shall require the Board of Commissioners or
City Council to make the initial appointments. It is the intent of this
act to enable but not to require the formation of the Halifax-Roanoke Rapids
Halifax Regional Airport Authority."
Section 9. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 8th day of September, 1998.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives