GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2019-97
HOUSE BILL 489
AN ACT renaming the lincolnton‑lincoln county airport authority as the LINCOLNTON‑LINCOLN COUNTY regional AIRPORT AUTHORITY, authorizing the airport authority to apply for and accept grants from the state and federal government, and making other changes to the enacting legislation.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 10 of the Session Laws of 1996 Second Extra Session, as amended by Section 1 of S.L. 2016‑12 and Section 3 of S.L. 2017‑104, reads as rewritten:
"Section 1. There is hereby created the "Lincolnton‑Lincoln County 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.
"Sec. 2. The Airport Authority shall consist of five
members, four of whom shall be appointed to staggered three‑year terms by
the Lincoln County Board of Commissioners and one of whom shall be appointed to
a staggered three‑year term by the Lincolnton City Council. The member
appointed by the Lincolnton City Council shall be a qualified voter of the City
of Lincolnton. At least one member appointed by the Lincoln County Board of
Commissioners shall be a qualified voter of the City of Lincolnton. All four
members appointed by the Lincoln County Board of Commissioners shall be
qualified voters of the County of Lincoln. Each member shall take and subscribe
before the Clerk of Superior Court of Lincoln County an oath of office and file
the same with the Lincoln County Board of Commissioners and the Lincolnton City
Council. No member of the Airport Authority
Board shall serve
more than two consecutive term limits. The Chairman chair of the Board
Airport Authority shall be annually designated by Lincoln County.
"Sec. 3. The Airport Authority may adopt suitable bylaws for its management. The members of the Airport Authority shall receive compensation, per diem, or otherwise as the Lincolnton City Council or the Lincoln County Board of Commissioners from time to time determines and shall be paid their actual traveling expenses incurred in transacting the business and at the instance of the Airport Authority.
"Sec. 4. (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.
Authority may exercise these powers alone or in conjunction with the City of
Lincolnton or the County of Lincoln.
(15) On behalf of Lincoln County and the City of Lincolnton, to apply for federal and State grants and to accept offers made pursuant to 14 C.F.R. 151.29, et seq. The Airport Authority may unilaterally accept on behalf of Lincoln County and the City of Lincolnton any grant that requires a matching contribution of fifty thousand dollars ($50,000) or less from the County and City. In no case shall the Airport Authority agree or commit to provide matching contributions that exceed one hundred thousand dollars ($100,000) in any one fiscal year. The dollar limitations in this subdivision may be increased upon the express approval of both the Lincoln County Board of Commissioners and the Lincolnton City Council.
"Sec. 8. The Airport Authority shall make an annual
report to the Lincoln County Board of Commissioners and the Lincolnton 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 Lincoln County or the City of Lincolnton, or any subdivision
thereof, or to impose any obligation on Lincoln County or the City of
Lincolnton, or any of their subdivisions, except
when that power is
expressly granted by statute.as authorized under subdivision (15) of
subsection (a) of Section 4 of this act.
Sec. 14. The Airport Authority shall elect officers from
among its members
a chair and other officers at its initial meeting and
then annually thereafter. A majority of the Airport Authority shall control
its decisions. Each member of the Airport Authority, including the chair,
shall have one vote. The Airport Authority shall meet at the places and times
designated by the chair.
"Sec. 14.1. The airport operated by the Lincolnton‑Lincoln County Regional Airport Authority shall be hereafter known as the "Lincolnton‑Lincoln County Airport."
"Sec. 14.2. The airfield of the Lincolnton‑Lincoln County Airport shall be hereafter known as the "David E. Lowe Airfield."
Sec. 15. The powers granted to the Airport
Authority shall not be effective until the members of the Airport Authority
have been appointed by the Lincoln County Board of Commissioners and the Lincolnton
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 Lincolnton-Lincoln County
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 8th day of July, 2019.
s/ Ralph E. Hise
Presiding Officer of the Senate
s/ Tim Moore
Speaker of the House of Representatives