NORTH CAROLINA GENERAL ASSEMBLY
1959 SESSION
CHAPTER 993
SENATE BILL 430
AN ACT AUTHORIZING THE CREATION OF THE EAST CAROLINA AIRPORT AUTHORITY AS AN AGENCY OR INSTRUMENTALITY OF PARTICIPATING COUNTIES INCLUDING GREENE, LENOIR, PITT, WILSON, MARTIN AND WASHINGTON COUNTIES, AND ANY PARTICIPATING MUNICIPALITY, AND AUTHORIZING SUCH AUTHORITY TO ESTABLISH, OWN, MAINTAIN AND OPERATE AN AIRPORT AT THE EXPENSE OF SAID COUNTIES AND SAID MUNICIPALITIES.
The General Assembly of North Carolina do enact:
Section 1. There is hereby created a body corporate and politic to be known as the "East Carolina Airport Authority", hereinafter referred to as the Authority or said Authority. Said Authority shall be a political subdivision for all the purposes of Chapter 63 of the General Statutes and shall have all the powers conferred upon political subdivisions by such Chapter. Said Authority shall consist of the members appointed from time to time as hereinafter provided and the powers of the Authority shall be vested in such members.
Sec. 2. It is hereby determined and declared that the creation of said Authority and the establishment and maintenance of the airport, landing field and other facilities described in Section 8 of this Act will be of benefit to all participating counties and municipalities. Said Authority, in exercising the powers conferred by this Act, shall constitute and shall be deemed to be an agency or instrumentality of each of the participating counties and municipalities.
Sec. 3. The governing body of any county in this State, including but not limited to Greene, Lenoir, Pitt, Wilson, Martin and Washington Counties, and/or the governing body of any municipality may become a participating member of the Authority by adopting an appropriate resolution to such effect and by appointing a representative to said Authority. Each participating member shall contribute to the support of said Authority by appropriating its share of the funds as determined by a formula adopted by the Authority after said representatives have been appointed. The governing body of each participating county and each participating municipality shall appoint one member of said Authority. The members first appointed shall serve for a term expiring on December 31, 1960, or until their successors have been appointed and qualified. Thereafter, each governing body participating as a member, from time to time, shall appoint a representative to serve on said Authority for a term of two years, and shall also appoint a representative to fill any vacancy as provided below. A member appointed to fill a vacancy shall serve for the unexpired portion of the term for which he is appointed. Each member so appointed shall hold office until his successor has been appointed and has qualified. It shall be the duty of each such governing body to make such original appointments within thirty days after adoption of its resolution to become a participating member, and to fill any vacancy not later than sixty days after such vacancy shall occur. A failure to make any appointment or fill any vacancy within the prescribed period of time shall not, however, affect the validity of any appointment made.
Sec. 4. Said Authority may, from time to time, make an estimate of the amount of money required for any one or more of the purposes stated in Section 8 of this Act and prepare and deliver to the governing bodies of each of said counties and municipalities a certificate stating the amount of money required and the purpose or purposes to be financed from such monies and the portions of such amount, in accordance with a formula decided upon by the Authority, to be contributed by each of said counties and municipalities.
Sec. 5. The governing body of each of said participating counties and municipalities is hereby authorized to appropriate and pay to the Authority its share of the monies required for any of the purposes described in Section 8 of this Act, as stated in any certificate delivered to such governing body pursuant to Section 4 of this Act, from any funds derived by it from the sale of any land now or heretofore or hereafter owned and used for landing field purposes, or from funds derived from any source other than ad valorem taxes, or from funds raised by the issuance of bonds pursuant to Section 6 of this Act: Provided, however, nothing herein contained shall be construed to permit the governing body of any county or municipality to issue bonds under the provisions of this Act without approval by a vote of the people.
Sec. 6. Each of said participating counties and municipalities is hereby authorized to issue its bonds to pay its share, determined as provided in this Act, of the cost of acquiring lands for any airport or landing field to be acquired, constructed, maintained or operated by the Authority, and of grading of such lands, and constructing drainage facilities suitable therefor, and of constructing or reconstructing or enlarging buildings or acquiring and installing equipment or making other improvements necessary or suitable for the maintenance or operation of any such airport, landing field, or airport facilities. Such bonds if issued by a county shall be issued pursuant to and within the limitations prescribed by Article 9 of Chapter 153 of the General Statutes, constituting the County Finance Act, and such bonds, if issued by a municipality, shall be issued pursuant to and within the limitations prescribed by subchapter III of Chapter 160 of the General Statutes, constituting the Municipal Finance Act. Each of said purposes is hereby determined to be a special purpose within the meaning of Section 6 of Article V of the Constitution of North Carolina and the special approval of the General Assembly is hereby given to the issuance of bonds by any of said participating counties or municipalities for any of such purposes and for the levy of property taxes for the payment of such bonds and the interest thereon.
Sec. 7. "Airport" or "landing field", for the purposes of this Act, is defined as any plot of land or water formally set aside and designated as a place where aircraft may land or take off, including, but not by way of limitation, all airport and airport terminal facilities which are reasonably necessary.
Sec. 8. The Authority is hereby authorized to acquire, establish, control, own, sell, construct, lease, equip, improve, maintain, operate, and regulate airport property, and to make reasonable rules and regulations for the operation of an airport, landing field and all facilities connected therewith within the territorial limits of one or more of the participating counties: Provided, that neither the said Authority nor the individual members thereof shall have authority to pledge the credit of any of said municipalities or counties.
Sec. 9. Private property and land needed by the Authority for an airport, landing field or adjoining grounds may be acquired by gift, devise or purchase, if the authority is able to agree with the owners on the terms thereof, and the Authority shall also have the right to acquire property for such purpose or purposes under the power of eminent domain as and for a public purpose as provided by Section 63-5 and 63-6 of the General Statutes of North Carolina and in addition thereto, shall have all of the powers conferred upon governing bodies of municipalities by Chapter 63 of the General Statutes of North Carolina. The purchase price or award for property acquired for airport, landing field or adjoining grounds may be paid for by appropriation of monies available therefor, or by the application of any funds derived by either of said counties or by either of said municipalities, from federal funds, or any other available source.
Sec. 10. All lands acquired, owned, controlled or occupied by the Authority for the purposes enumerated in this Act shall and are hereby declared to be acquired, owned, controlled and occupied for a public purpose.
Sec. 11. The Authority shall have the authority to adopt reasonable rules and regulations for the safety zoning of the airport and landing field, including the power to regulate the height of buildings, towers, trees and other obstructions within a reasonable radius thereof in accordance with the rules and regulations of the Civil Aeronautics Board, the Federal Aviation Agency, or other successor federal agency. It shall also have the authority to adopt reasonable rules and regulations in accordance with the Model Airport Zoning Act as set out in Sections 63-29 through 63-37 of the General Statutes of North Carolina, and shall have the authority to enjoin and restrain any violation of said rules and regulations.
Sec. 12. Title to the property acquired by the Authority for airport or landing field purposes is to be vested in said Authority, but, in the event of liquidation or dissolution of the project and Authority, any proceeds derived from the liquidation or sale of the property so owned shall revert to the governing units in the proportion of their contributions.
Sec. 13. The Authority shall have complete authority over any airport, landing field, or adjoining grounds acquired under the provisions of and for the purposes set out in this Act. The Authority shall have the right, and is hereby empowered, to spend such funds as are appropriated and contributed from time to time by the counties and municipalities named herein jointly or severally for joint airport purposes and is empowered to enter into contracts and to pledge the credit of the Authority to the extent of the monies appropriated and contributed by the said municipalities and counties for the purposes enumerated herein. Said Authority is also empowered to spend or use funds and revenue derived from the operation of the airport and all facilities connected therewith. The Authority shall have authority to deal and contract with the Civil Aeronautics Board, the Federal Aviation Agency or any successor federal agency, of the United States Government and any other representative or agency of the United States Government relative to the acquiring, grading, constructing, equipping, improving, maintaining and operation of an airport or landing field established or acquired under the authority of this Act. The Authority is authorized to employ such persons as it may deem necessary.
Sec. 14. A majority of the governing body of said Authority shall control its decisions. Each member of said Authority, including the chairman, shall have one vote, and in the event of a tie, the chairman shall cast the deciding vote in addition to his regular one. At the first meeting of said Authority, and annually thereafter, it shall elect from its members a chairman, treasurer, who shall be bonded, and a secretary. The Authority shall be empowered to appoint a general counsel and also to retain and employ attorneys at a reasonable fee for any and all legal services performed. The said Authority shall meet at such places and times as the chairman shall designate.
Sec. 15. Members of the governing body of the Authority who are not full-time officials or full-time members of the governing body of either of the municipalities or counties shall be paid a per diem to be fixed by the Authority for each day served in attending the meetings of said Authority, and in addition thereto shall be reimbursed for travel expenses at the same rate per mile allowed by the State to State employees when such members use their personally-owned automobile, and each member shall be reimbursed for actual necessary expenses incurred in attending the meetings, and the governing body of the said Authority is hereby authorized and empowered in its discretion to fix a reasonable salary for the secretary of said Authority whether or not said secretary is an official or full-time employee of said municipalities or counties.
Sec. 16. A member of the Authority shall not be considered a public officer, or as holding office within the meaning of Article XIV, Section 7, of the Constitution of North Carolina; and any public officer of any of the said municipalities or counties who may be appointed as a member of the Authority shall serve as such as a part of his duties as a public officer of said municipality or county. To this end, the governing body of a participating county or municipality may impose such additional duties on an officer or employee of the county or municipality.
Sec. 17. This Act shall apply only to such counties and municipalities as may elect to participate in said Authority as provided in Section 3 of this Act: Provided, the provisions of this Act shall not apply to, or be interpreted as applying to Beaufort, Edgecombe, Nash and Wayne Counties.
Sec. 18. The Authority is hereby declared to be a municipal corporation exempt from taxation.
Sec. 19. Chapter 804 of the 1953 Session Laws and all laws and clauses of laws in conflict with this Act are hereby repealed, and if any Section hereof be decided by any court to be invalid or unconstitutional, the same shall not affect the validity of this Act as a whole or any part hereof other than the part decided to be unconstitutional or invalid.
Sec. 20. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 16th day of June, 1959.