NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 733

HOUSE BILL 523

 

 

AN ACT TO CREATE AN AIRPORT AUTHORITY FOR THE TOWN OF ASHEBORO AND TO PRESCRIBE THE DUTIES AND POWERS OF THE SAME.

 

The General Assembly of North Carolina do enact:

 

Section 1. There is hereby created the Asheboro Airport Authority (hereinafter called the Airport Authority) which shall have the duties and powers hereinafter enumerated, such other and additional powers as shall hereafter be conferred upon it by the Board of Commissioners of the Town of Asheboro, and such other and additional powers as shall be necessary and incidental to the performance of the duties hereinafter imposed upon said Airport Authority.

Sec. 2. The Airport Authority shall consist of three members who shall be appointed by the Board of Commissioners of the Town of Asheboro and shall serve for a three-year term.

Each of the members appointed and their successors shall take and subscribe before the Clerk of the Superior Court of Randolph County an oath of the office and file the same with the Board of Commissioners of the Town of Asheboro.

Sec. 3. It shall be the duty of the Airport Authority: (a) Property. To assume administrative control over the real property owned by the Town of Asheboro and upon which its airport is constructed, and over the personal property and fixtures used in connection therewith.

(b)       Management. To manage and control all of the property and operate the airport for the use and benefit of the public as a public airport and in the manner in which it will contribute greatest to the growth, expansion, welfare and prosperity of the Town of Asheboro.

(c)       Maintenance. To maintain at all times, in as good and serviceable condition as the funds made available will permit, the entire landing area and all buildings, improvements, facilities and equipment at the airport.

(d)       Covenants and Restrictions. To so operate and manage the airport as to comply with all the conditions, covenants, and restrictions contained in the application by the Town of Asheboro for aid from the United States Government for the construction of said airport.

(e)       Annual Report. To make a complete report of all of its actions annually to the regular May meeting of the Board of Commissioners of the Town of Asheboro, and at such other times as the said board of commissioners may deem necessary or advisable, and at such times submit recommendations with regard to the operation of the airport as it shall deem advisable.

Sec. 4. The Airport Authority shall have and is hereby given the following authority and powers: (a) Organization. To adopt such bylaws for its own organization, the management and rules of procedure for its meetings and any hearings it may wish to hold, as it may deem advisable, and to prescribe the specific duties of its own members.

(b)       Rules and Regulations. To make such reasonable rules and regulations as it may deem necessary for the proper maintenance and operation of the airport, and to provide penalties for the violation of such rules and regulations, and to make recommendations for the adoption of any ordinances which are deemed necessary to maintain law and order on the airport property.

(c)       Lease. To rent or lease the airport or any portion thereof, exclusive of runways and other landing areas, and any of the buildings or facilities thereon, to any person or governmental agency for the purpose of operating the airport and doing anything incidental thereto; provided that no lease shall be made for a period longer than three years without the approval of the Board of Commissioners of the Town of Asheboro, and, provided further that, should the Airport Authority decide to lease the airport property to any person, or governmental agency, a condition of the lease shall be that sufficient bond, insurance policy or other surety and indemnity shall be posted to save the town harmless from all loss, damage or liability arising out of the operation thereof by said person, or governmental agency; and provided further that all contemplated leases shall be presented to the town attorney for his approval before the execution thereof.

(d)       Contracts. To enter into any and all contracts in its own name with any person, and to contract for or confer the privileges or concessions of supplying at the airport any goods, commodities, services, facilities or other things; provided that no contract or letting of a concession shall be for a greater period than three years without the approval of the Board of Commissioners of the Town of Asheboro, and provided further that no contract or lease entered into shall pledge the credit of the town in any manner, but the liability of the town shall be limited to the extent of the funds of the Airport Authority in the airport fund as provided in Section 6.

(e)       Employees. To employ any and all persons upon a salary, fee, or commission basis, which are deemed necessary to assist in the management or operation of the airport, including the power to employ a full-time fixed base operator on a basis to be approved by the Board of Commissioners of the Town of Asheboro.

(f)        Charges. To determine the charge or rental for the use of or lease of any properties, real or personal, owned or operated by it or under its control, and the charges for any services or accommodations and the terms and conditions upon which such properties may be used.

(g)       Expenditures. To expend all moneys received from fees and charges made or from the lease of any of said property or otherwise made available to the Airport Authority by the Town of Asheboro in any manner which they deem advisable in the performance of their duties, subject only to the limitations contained in Section 5.

(h)       Receipt of Moneys. To accept, receive and receipt for federal moneys, and other moneys, either public or private, for the construction, enlargement, improvement, maintenance, equipment or operation of the airport, and to comply with the provisions of the laws of the United States and any rules and regulations made thereunder, the compliance with which shall be a condition precedent to the receiving of such moneys.

(i)        Insurance. To purchase such insurance as the Airport Authority shall deem necessary to protect the interest of the Town of Asheboro in the airport property.

(j)        Miscellaneous. To do any and all other things which may be necessary or incidental to the performance of the duties of the Airport Authority in operating the airport and not in conflict with any of the restrictions hereinbefore or hereinafter set out.

Sec. 5. All powers and authority given and granted to the Airport Authority shall be subject to the following limitations thereon: (a) Nepotism. No contract, lease, sale, purchase, or concession letting shall be made with any person related by blood or marriage to any of the members of the Airport Authority, or with any business, firm, partnership, or corporation with which any member of the Authority or a person to whom he is related by blood or marriage is connected, either as owner, employee, stockholder, director or otherwise, without prior approval of the contract, lease, sale, purchase, or concession letting by the Board of Commissioners of the Town of Asheboro; provided, however, that contracts with a corporation for its general benefit, and routine sales and purchases of regular items of merchandise and at regularly established and reasonable prices may be made without such prior approval of the said board of commissioners.

(b)       Discrimination. All contracts, leases, sales, purchases or fees charged shall be upon reasonable terms and without unjust discrimination and without the grant or exercise of any exclusive right for the use of the airport, and particularly within the meaning of Section 303 of the Civil Aeronautics Act of 1938, and in no case shall the public be deprived of its rightful, equal and uniform use of the airport.

(c)       Type of Contracts. The Airport Authority shall make no contract, lease, sale, purchase or any other things which shall not be consistent with and necessary or incidental to the use of said property as a public airport, and shall not allow the use of any building thereon for manufacturing or industrial purposes.

(d)       Construction. Nothing herein contained shall be construed to give the Airport Authority power or authority to do anything in conflict with the laws of the United States, the laws of the State of North Carolina, or the rules and regulations of the Civil Aeronautics Administration of the Federal Government.

Sec. 6. Creation of Airport Fund. There is hereby created a separate fund to be known as the Airport Fund, said fund to be maintained and expended in the following manner: (a) Separate Account. The airport fund shall be a separate account, based on a fiscal year basis beginning on July 1 and ending June 30 each year,

(1)       Appropriated Funds. All sums appropriated by Town of Asheboro to the Airport Authority for the maintenance of the airport; said funds to be immediately transferred by the finance officer of the Town of Asheboro from the general funds of the Town of Asheboro to the airport fund upon its due appropriation by the Board of Commissioners of the Town of Asheboro.

(2)       Income from Operations. All sums received by the Airport Authority from leases or contracts made, rents or fees charged or otherwise obtained by the Airport Authority through its operation of the airport.

(3)       Government and Private Use. All federal, State, or private funds received by the Town of Asheboro or Airport Authority for use in the enlargement, improvement, maintenance, equipment, or operation of the airport.

(4)       Miscellaneous. Any and all other moneys received by either the Town of Asheboro or Airport Authority which are exclusively or primarily for the benefit and improvement of the airport.

(b)       Expenditures. All sums at any time in the fund may be expended by the Airport Authority in such manner as it, in its bylaws, rules or regulations shall provide.

(c)       Liability of Town of Asheboro Limited. The liability of the Town of Asheboro upon any contract, lease or agreement made by the Airport Authority or on account of any other action taken by the Airport Authority shall be limited to the extent of the airport fund, and in no manner may the Airport Authority pledge the credit of the Town of Asheboro to any greater extent.

(d)       Annual Report and Budget. At the time of making its annual report as provided for in Section 3 (e) and as a part thereof, the Airport Authority shall make a complete financial report, setting forth all receipts, from whatever source received, which were put into the airport fund during the first nine months of the current fiscal year, and setting forth all disbursements, to whatever source made, which were made from the airport fund, and setting forth all assets and liabilities of the Airport Authority at that time. The airport fund shall be subject to an annual audit by a certified public accountant as provided by the Town of Asheboro and approved by the Local Government Commission. Such audit shall be  made at the close of each fiscal year. Along with the May report, the Airport Authority shall submit a budget for the forthcoming year, from which the board of commissioners can determine the amount of money necessary to be appropriated to the airport fund for the forthcoming year.

(e)       Refund to the Town. If at any time it shall appear to the board of commissioners that the airport fund is greater than necessary to carry out the duties and plans of the Airport Authority, it may require the Airport Authority to pay over into the general funds of the Town of Asheboro such amount as may be therein specified; provided, however, that such transfer shall not be in such a sum as to leave the airport fund less than the outstanding current liabilities of the Airport Authority, without providing for the payment of such liabilities.

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 8. 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 28th day of May, 1965.