NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1197

HOUSE BILL 1563

 

 

AN ACT ESTABLISHING THE SIMMONS-NOTT AIRPORT AUTHORITY.

 

The General Assembly of North Carolina enacts:

 

Section 1. There is hereby created the "Simmons-Nott Airport Authority" (hereinafter referred to as "Airport Authority") which shall be a body politic and corporate, 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. (a)  The Airport Authority shall consist of five voting members, all of whom shall be residents of Craven County. The Commanding General of the United States Marine Corps Air Station, Cherry Point, North Carolina, may serve as a nonvoting Honorary Member of the Authority.

(b)       Within 30 days after ratification of this act, the Board of Commissioners of Craven County (hereinafter referred to as "County"), shall appoint two members to the Airport Authority and the Board of Aldermen of the City of New Bern (hereinafter referred to as "City"), shall appoint two members to said Airport Authority, and within 15 days thereafter the four members so appointed shall appoint a fifth member to the Airport Authority. The members of the Airport Authority shall be appointed to serve for a term of two years, provided, however, the first member to be initially appointed by the County shall serve for a period of one year, the first member initially appointed by the City shall serve for a period of one year, the second member initially appointed by the County shall serve a regular term of two years, and the second member appointed by the City shall serve a regular term of two years. At the expiration of the initial one-year terms, and each year thereafter, the City shall appoint one member to serve a two-year term and the County shall appoint one member to serve a two-year term. At the expiration of the initial two-year term, and every two years thereafter, the four members of the Airport Authority appointed by the City and County shall appoint a fifth member to serve for a term of two years. Members of the Airport Authority may be reappointed to the Airport Authority.

(c)       Upon the occurrence of a vacancy on said Airport Authority, said vacancy will be filled within 60 days after notice thereof by the appointing board or authority.

(d)       Each of the members of the Airport Authority and each successor shall take and subscribe to an oath of office before an officer authorized to administer oaths and file certified copies of the same with the County and the City.

Sec. 3. The members shall, for the purpose of doing business, constitute the Board of Directors of the Airport Authority, which may adopt suitable bylaws for its management. The members of the Board shall receive no compensation, per diem or otherwise, but shall be allowed and paid their actual expenses incurred in transacting the business and at the instance of the said Airport Authority.

Sec. 4. The governing bodies of Craven County and the City of New Bern are hereby authorized to appropriate and use funds derived from any source permitted by the laws of the State of North Carolina to carry out the provisions of this act as to the administration, establishment or maintenance of Simmons-Nott Airport and its facilities and such funds may be expended on such basis as may be determined by the Airport Authority. The Airport Authority shall be subject to the Local Government Budget and Fiscal Control Act.

Sec. 5. (a)  The fiscal year of the Airport Authority shall begin July 1 and end on June 30. On or before the first day of May of each calendar year, the Airport Authority shall prepare and adopt a proposed budget for the next ensuring fiscal year and file copies of such proposed budget with the Board of Commissioners of Craven County and the Board of Aldermen of the City of New Bern.

(b)       Contributions of the County and the City to the Airport Authority shall be in equal amounts and shall be paid to the Airport Authority not later than the first day of September of the fiscal year involved or at such other date or dates as may be agreed upon by the Airport Authority and the contributing boards.

Sec. 6. (a)  The Airport Authority shall appoint from its voting members a Chairman, Vice Chairman, and other officers as it may deem necessary for the orderly conduct of its business. A majority of the voting members shall control the decisions of the Airport Authority, and each voting member of the the Airport Authority, including the Chairman shall have one vote. A majority of the duly appointed and qualified members of the Airport Authority shall constitute a quorum.

(b)       The Airport Authority shall hold meetings at least monthly at such times and places as it from time to time may designate and at such other times on the call of the Chairman or by two voting members of the Airport Authority provided at least five days' notice is given or such notice is waived in each instance by all voting members. All meetings of the Airport Authority shall be conducted in accordance with Article 33C of Chapter 143 of the General Statutes.

Sec. 7. The Airport Authority is hereby authorized and empowered to acquire from Craven County and the City of New Bern, by agreement therewith, and Craven County and the City of New Bern are hereby authorized and empowered to grant and convey either by gift or for such consideration as either or both may deem wise, any real or personal property which either or both now own or may hereafter acquire, and which may be necessary for the construction, operation and maintenance of Simmons-Nott Airport, provided, however, all real or personal property conveyed by the County and City to the Airport Authority shall revert to the County and City immediately upon termination of the existence of the Simmons-Nott Airport Authority.

Sec. 8. The Airport Authority shall have the following powers and authority:

(1)       to purchase, acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate Simmons-Nott Airport for the use of commercial and private aircraft and for any 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, and operating Simmons-Nott Airport; and to make contracts and to hold such personal property as may be necessary for the exercise of the powers of said Airport Authority. The said Airport Authority may acquire by purchase, or otherwise, any existing lease, leasehold, right or other interest in the Simmons-Nott Airport service area;

(3)       to charge and collect reasonable and adequate fees and rents for the use of Simmons-Nott Airport, its property and facilities, and for services rendered in the operation thereof;

(4)       to make all reasonable rules and regulations as it deems necessary for the proper administration, maintenance and operation of Simmons-Nott Airport; to provide penalties for the violation of such rules and regulations; provided such rules and regulations and schedules of fees be not in conflict with the laws of the State of North Carolina, and the applicable rules and regulations of the Federal Aviation Administration;

(5)       to issue revenue bonds pursuant to the provisions of the Local Government Revenue Bond Act;

(6)       to sell or otherwise dispose of any interest in land owned by the Airport Authority, subject, however, to all applicable North Carolina laws pertaining to sale of public property and by and with the consent of the County and City;

(7)       to purchase such insurance as the Airport Authority shall deem necessary;

(8)       to operate, own, lease, control, regulate, or grant to others the right to operate upon the Simmons-Nott 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 stations, garage service facilities, personal service establishments, and any and all other types of facilities as may be useful, needed or desired and directly or indirectly related to the administration, maintenance and furnishing to the public of complete air terminal services and facilities;

(9)       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;

(10)     to exercise all of the powers conferred by Chapter 63 of the General Statutes.

Sec. 9. Any lands, air easements, and right-of-ways acquired, owned, controlled, or occupied by said Airport Authority shall, and are hereby declared to be acquired, owned, controlled and occupied for public purposes.

Sec. 10. Private property needed by the Airport Authority for the administration, operation or expansion of Simmons-Nott Airport may be acquired by gift or devise, or may be acquired by private purchase or by the exercise of the power of eminent domain, under any procedures permitted municipal corporations by the General Statutes.

Sec. 11. Air navigation easements needed by the Airport Authority for Simmons-Nott Airport may be acquired by gift, devise, or private purchase or by the exercise of the power of eminent domain by said Airport Authority under any procedures permitted municipal corporations by the General Statutes.

Sec. 12. The Airport Authority shall make an annual report to the Craven County Board of Commissioners and the Board of Aldermen of the City of New Bern, setting forth in detail the operations and transactions conducted by it pursuant to this act. The Airport Authority shall be regarded as a corporate instrumentality for the purpose of administering, maintaining and developing Simmons-Nott Airport, but it shall have no power to pledge the credit of or impose any obligations upon Craven County or the City of New Bern.

Sec. 13. The Airport Authority is authorized to employ an airport manager, airport personnel, agents, engineers, 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 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. 14. The Airport Authority shall have the right and is empowered to expend funds appropriated to it by Craven County and the City of New Bern, and is empowered to enter into contracts and pledge the credit of the Airport Authority to the extent of the monies appropriated for its usage.

Sec. 15. All rights and powers given to counties and 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 municipal airports and the regulation of aircraft, are hereby vested in the said Airport Authority.

Sec. 16. 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. 17. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1980.