NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 571

HOUSE BILL 736

 

 

AN ACT AUTHORIZING THE CREATION OF THE PITT COUNTY-CITY OF GREENVILLE AIRPORT AUTHORITY AS AN AGENCY OR INSTRUMENTALITY OF THE COUNTY OF PITT AND CITY OF GREENVILLE, AND AUTHORIZING SUCH AUTHORITY TO MAINTAIN AND OPERATE AN AIRPORT FOR SAID COUNTY AND SAID CITY.

 

The General Assembly of North Carolina do enact:

 

Section 1. There is hereby created a body corporate and politic to be known as the Pitt County-City of Greenville Airport Authority, hereinafter referred to as the "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. The 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 the Authority and the establishment and maintenance of the airport, landing field and other facilities appurtenant thereto as provided herein will be of benefit to the County of Pitt, hereinafter referred to as the "County" and the City of Greenville, hereinafter referred to as the "City". The Authority, in exercising the powers conferred by this Act, shall constitute and shall be deemed to be an agency or instrumentality of the County and the City.

Sec. 3. The County and the City may become participating members of the Authority by adopting appropriate resolutions to such effect and by appointing representatives to the Authority. The Authority shall consist of five members to be appointed in the following manner and for the following terms: Two members shall be appointed by the governing body of the County, one member for a term of two years beginning July 1, 1967, and a second member for a period of four years beginning July 1, 1967. Two members shall be appointed by the governing body of the City, one member for a one-year term beginning July 1, 1967, and a second member for a three-year term beginning July 1, 1967. Thereafter, each governing body, from time to time, shall appoint a person to serve as a member of the Authority for a term of four years, and shall also appoint a member 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 is appointed and is qualified. It shall be the duty of each governing body to make such original appointment within 30 days after adoption of its resolution to become a participating member, and to fill any vacancy not later than 60 days after such vacancy shall occur. A failure to make any appointment or fill any vacancy within the prescribed period of time shall not affect the validity of any appointment made. The fifth member shall be appointed by the four members appointed by the respective governing bodies; he shall be a resident of the County of Pitt and/or the City of Greenville and shall serve for a period of one year from the date of his appointment. The fifth member appointed as heretofore provided shall serve as the Secretary of the Authority. The Authority shall be empowered to employ said Secretary on a full-time or part-time basis with such remuneration as may be deemed reasonable and commensurate with the services performed. In addition to the foregoing, each governing body shall designate one of its members to serve as an official advisor to the Authority. The advisors may participate fully in the deliberations of the Authority but shall not have the right to vote.

Sec. 4. The Authority shall prepare an annual budget setting forth the cost of operation and maintenance of the airport and landing field. All anticipated revenues to be derived from the operation of the airport and landing field shall be included in the budget. The budget shall be delivered to the governing body of the County and the governing body of the City. The governing body of the County and the governing body of the City are each hereby authorized to annually appropriate and pay to the Authority one-half of the cost of operation and maintenance of the airport and landing field from revenues derived from the operation of the airport and landing field, from funds derived from the sale of any land now or heretofore or hereafter owned and used for landing field purposes, or from any funds legally available therefor, provided, however, that no funds or revenues may be derived from the levy of ad valorem taxes unless a majority of the qualified voters in the respective County and City approve the same at an election called and held for said purpose.

Sec. 5. The Authority may, from time to time, prepare and submit a plan or plans with respect to additional land acquisition, additional construction, enlargement or improvement to the airport and landing field or the further equipping thereof to the governing body of the County and the governing body of the City. The governing body of the County and the governing body of the City are each hereby authorized to acquire the additional land and to appropriate and pay to the Authority one-half of the cost of the additional construction, enlargement and improvement to the airport and landing field and the further equipping thereof, from revenues derived from the operation of the airport and landing field, from funds derived from the sale of any land now or heretofore or hereafter owned and used for landing field purposes, from any funds legally available therefor, or from the proceeds of bonds issued pursuant to Section 6 of this Act, provided, however, that no funds or revenues may be derived from the levy of ad valorem taxes nor may bonds be issued unless a majority of the qualified voters in the respective County and City approve the same at an election called and held for said purpose.

Sec. 6. The County and the City, severally are hereby authorized to issue their notes, bonds or other certificates of indebtedness to pay as their share, one-half of the cost of acquiring real property to be jointly owned by the County and the City for any airport or landing field to be constructed, enlarged, improved, maintained, equipped or operated by the Authority, and of grading of such real property, and constructing drainage facilities suitable therefor, and constructing or reconstructing or enlarging buildings or acquiring or installing equipment or making other improvements necessary or suitable for the maintenance or operation of such airport, landing field, or airport facilities and to pay said obligations and the interest thereon, by levying ad valorem taxes in an amount sufficient to pay said obligations and the interest thereon when due, provided a majority of the qualified voters in the respective County and City approve the same at an election called and held for any or all of said purposes. Such bonds if issued by the County shall be issued pursuant to and within limitations prescribed by Article 9 of Chapter 153 of the General Statutes, constituting the County Finance Act, and such bonds if issued by the City 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 a special approval of the General Assembly is hereby given to the issuance of such obligations by the County or the City for any of said purposes and for the levy of taxes for the payment of such obligations and the interest thereon.

Sec. 7. "Airport" or "landing field", for the purposes of this Act, shall mean any plot of land or water designated by the Authority as a place where aircraft may land or take off, including, but not limited to, all airport and airport terminal facilities which are reasonably necessary to the operation thereof.

Sec. 8. The Authority is hereby authorized to operate and maintain the real and personal property owned by the County and by the City and designated by the Authority for airport and landing field purposes, to purchase, sell, operate and maintain such other personal property necessary for the operation of the airport and landing field and to make reasonable rules and regulations for the operation of the airport and landing field and all facilities relating thereto. The Authority is hereby authorized to charge reasonable fees for the use of the airport and landing field, and the facilities relating thereto and to lease the buildings and hangars thereon, or any part thereof, and to grant concessions upon such terms as it shall deem proper. The Authority may sue and be sued, have a seal and alter it at pleasure, make bylaws for the management and regulation of its affairs, make contracts and execute all instruments necessary or proper thereto and do all things necessary and proper to carry out the purposes of the Authority. Provided, however, that neither the Authority nor the members thereof shall have the authority to pledge the credit of the County or the City nor sell any property owned by the County or the City without the approval of the County or the City.

Sec. 9. Real and personal property necessary to operate the airport, landing field, or adjoining grounds may be acquired by the County and the City by gift, devise, lease or purchase provided such purchase is approved by both governing bodies of the County and the City and if said governing bodies are able to agree with the owners on the terms thereof. The County and the City shall also have the right to acquire property for such purpose or purposes set out above under the power of eminent domain for public purposes as provided by Section 63-5 and 63-6 of the General Statutes of North Carolina and except for the authority to hold title to real property, the Authority 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 from appropriation of monies legally available therefor, or by the application of any funds derived by the County or the City, from federal funds or any other legally available source.

Sec. 10. All lands acquired, owned, controlled or occupied by the County and the City and operated and maintained 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 order to comply with any rules and regulations of the Civil Aeronautics Board, the Federal Aviation Agency, or other successor federal agency relating thereto. The Authority shall also have the authority to adopt reasonable rules and regulations in accordance with the Model Zoning Act as provided in Section 63-29 through 63-37 of the General Statutes of North Carolina and shall have the authority to institute an action in any court of competent jurisdiction seeking enforcement of the rules and regulations as provided in Section 63-35 of the General Statutes of North Carolina.

Sec. 12. Title to the property acquired by the County and the City and designated for the use of the Authority for airport or landing field purposes shall be vested in the governing bodies of the County and the City, as joint tenants; but, in the event of dissolution of the Authority and the liquidation or sale of the property any proceeds derived from such liquidation or sale shall be paid to the County and the City in the proportion of their respective contributions, and their interest in the real property.

Sec. 13. The Authority shall have exclusive jurisdiction, control, supervision and management over an airport, landing field, or adjoining grounds acquired under the provisions of and for the purposes set out in this Act whether owned by the County or City. 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 County and City jointly or severally for airport purposes and is empowered to enter into contracts and pledge the credit of the Authority to the extent of the money appropriated and contributed by the County and City for the purposes enumerated. The 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 agency of the United States or any other representative or agency of the United States relative to the acquiring, grading, constructing, equipping, improving, maintaining and operating of an airport or landing field established or acquired by the County and City under the authority of this Act.

Sec. 14. Three members of the Authority shall constitute a quorum for the purpose of conducting the business and exercising its powers and for all other purposes, except that one member present at a meeting may adjourn the same from time to time until a quorum is obtained. Each member of the Authority, including the chairman, shall have one vote. The affirmative vote of three members shall be necessary for any action taken by the Authority. At the first meeting of the Authority, and annually thereafter, it shall elect from its members a chairman and a treasurer. The treasurer shall execute an adequate surety bond in an amount to be fixed from time to time by the Authority. The premium on the surety bond shall be paid by the Authority. The Authority is authorized to employ such persons, including a general counsel and attorneys, as it may deem necessary to exercise its powers, duties and functions. The qualifications, terms of office, duties, services and compensation of such personnel shall be determined by the Authority. The Authority shall meet at such places and times as prescribed by the bylaws of the Authority.

Sec. 15. Members of the Authority who are not full-time officials or full-time members of the governing body of either the City or County shall be paid an amount per diem to be fixed by the Authority for each day served in attending the meetings of said Authority, and in addition thereto, the members shall be reimbursed for necessary expenses incurred in the discharge of their duties including reimbursement for travel expenses at the same rate per mile allowed by the State to State employees when such members use their personally owned automobiles.

Sec. 16. A member of the Authority shall not be considered a public officer or as a person holding office within the meaning of Article XIV, Section 7, of the Constitution of North Carolina. Any public officer of the County or the City who may be appointed as a member of the Authority shall serve ex officio as a part of his duty as a public officer of said County or City.

Sec. 17. The Authority is hereby declared to be a municipal corporation exempt from taxation.

Sec. 18. Chapter 993 of the 1959 Session Laws and all laws and clauses of laws in conflict with this Act are hereby repealed, and if any Section hereof be declared 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. 19. 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 23rd day of May, 1967.