GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 719

Short Title:  Municipal Airport Authorities.	(Public)
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Sponsors: Representatives Lineberry; Bowman and Jeffus.
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Referred to:  Transportation.
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April 11, 1991

A BILL TO BE ENTITLED
AN ACT TO GRANT TO MUNICIPALITIES CERTAIN POWERS AUTHORIZED BY SECTION 13 OF ARTICLE V OF THE CONSTITUTION OF NORTH CAROLINA.
Whereas, Article V of the Constitution of North Carolina was amended on November 25, 1986, by adding a Section 13 entitled "Seaport and Airport Facilities"; and
Whereas, that Section granted to the General Assembly the power to enact general laws granting to the State, counties, municipalities, and other State and local governmental entities all powers useful in connection with the development of new and existing seaports and airports and authorizing those public bodies to perform certain specified activities; and
Whereas, the General Assembly recognizes that the following powers would be useful in connection with the development of new and existing airports and should be granted to municipalities; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 63-53 reads as rewritten:
"§ 63-53. Specific powers of municipalities operating airports.
In addition to the general powers in this Article conferred, and without limitation thereof, a municipality which has established or may hereafter establish airports, restricted landing areas or other air navigation facilities, or which has acquired or set apart or may hereafter acquire or set apart real property for such purpose or purposes is hereby authorized:
(1)	To vest authority for the construction, enlargement, improvement, maintenance, equipment, operation and regulation thereof in an officer, a board or body of such municipality by ordinance or resolution which shall prescribe the powers and duties of such officer, board or body. The expense of such construction, enlargement, improvement, maintenance, equipment, operation and regulation shall be a responsibility of the municipality.
(2)	To adopt and amend all needful rules, regulations and ordinances for the management, government and use of any properties under its control whether within or without the territorial limits of the municipality; to appoint airport guards or police with full police powers; to fix by ordinance, penalties for the violation of said ordinances and enforce said penalties in the same manner in which penalties  prescribed by other ordinances of the municipality are enforced. It may also adopt ordinances designed to safeguard the public upon or beyond the limits of private airports or landing strips within such municipality or its police jurisdiction against the perils and hazards of instrumentalities used in aerial navigation. Such ordinances  shall be published as provided by general law or the charter  of the municipality for the publication of similar ordinances. They must conform to and be consistent with the laws of this State and shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder and rules and standards issued from time to time pursuant thereto.
(3)	To lease such airports or other air navigation facilities, or real property acquired or set apart for airport purposes, to  private parties, to any municipal or State government or to the national government, or to any department of either thereof, for operation; to lease to private parties, to any municipal or State government or to the national government, or any department of either thereof, for operation or use consistent with the purpose of this Article, space, area, improvements, or equipment on such airports; to sell any part of such airports, other air navigation facilities or real property to any municipal government, or to the United States or to any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto, and to confer the privileges of concessions of supplying upon its airports goods, commodities, things, services and facilities; provided that in each case in so doing the public is not deprived of its rightful, equal, and uniform use thereof.
(4)	To sell or lease any property, real or personal, acquired for airport purposes and belonging to the municipality, which, in the judgment of its governing body, may not be required for aeronautic purposes in accordance with the laws of this State or the provisions of the charter of the municipality governing the sale or leasing of similar municipally owned property.
(5)	To determine the charge or rental for the use of any properties under its control and the charges for any services or accommodations and the terms and conditions under which such properties may be used, provided that in all cases the public is not deprived of its rightful, equal, and uniform use of such property. Charges shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expense of operation to the municipality. The municipality shall have and may enforce liens as provided by law for liens and enforcement thereof, for repairs to or improvement or storage or care of any personal property, to enforce the payment of any such charges.
(6)	To engage, on an airport, in commercial and industrial land development projects which relate to, develop, or further airborne commerce and cargo and passenger traffic, and, in connection with any project, to improve real estate on an airport and lease that improved real estate to public or private commercial and industrial enterprises, or contract with others to do so.
(7)	To exercise all powers necessarily incidental to the exercise of the general and special powers herein created."
Sec. 2.  This act provides additional powers and shall not be regarded as limiting powers conferred by other laws.
Sec. 3.  If any provision of this act, or any application of this act, is held invalid, the invalidity shall not affect other provisions or applications of this act, and to that end the provisions of this act are severable.
Sec. 4.  This act is effective upon ratification.