§ 63-56. Joint operation of airports. - North Carolina Statutes

§63‑56.  Joint operation of airports.

(a)        All powers, rightsand authority granted to any municipality in this Article may be exercised andenjoyed by two or more municipalities either within or without the territoriallimits of either or any of said municipalities and within or without thisState, or by any municipality acting jointly with any other municipalitytherein either within or without this State, provided the laws of such otherstate permit such joint action.

(b)        Any two or moremunicipalities may enter into agreements with each other, duly authorized byordinance or resolution, as may be appropriate, for joint action pursuant tothe provisions of this section. Concurrent action by the governing bodies ofthe municipalities involved shall constitute joint action.

(c)        Each such agreementshall specify its terms; the proportionate interest which each municipalityshall have in the property, facilities and privileges involved, and theproportion of preliminary costs, costs of acquisition, establishment,construction, enlargement, improvement and equipment, and of expenses ofmaintenance, operation and regulation to be borne by each, and make such otherprovisions as may be necessary to carry out the provisions of this section. Itshall provide for amendments thereof and for conditions and methods oftermination; for the disposition of all or any part of the property, facilitiesand privileges jointly owned if said property, facilities and privileges, orany part thereof, shall cease to be used for the purposes herein provided or ifthe agreement shall be terminated, and for the distribution of the proceedsreceived upon any such disposition, and of any funds or other property jointlyowned and undisposed of, and the assumption or payment of any indebtednessarising from the joint venture which remains unpaid, upon any such dispositionor upon a termination of the agreement.

(d)        Municipalitiesacting jointly as herein authorized may create a board from the inhabitants ofsuch municipalities for the purpose of acquiring property for establishing,constructing, enlarging, improving, maintaining, equipping, operating andregulating the airports and other air navigation facilities and airportprotection privileges to be jointly acquired, controlled, and operated. Suchboard shall consist of members to be appointed by the governing body of eachmunicipality involved, the number to be appointed by each to be provided for bythe agreement for the joint venture. Each member shall serve for such time andupon such terms and as to compensation, if any, as may be provided for in theagreement.

(e)        Each such boardshall organize, select officers for terms to be fixed by the agreement, andadopt and from time to time amend rules of procedure.

(f)         Such board mayexercise, on behalf of the municipalities acting jointly by which it isappointed, all the powers of each of such municipalities granted by thisArticle, except as herein provided, subject, however, to such limitations asmay be contained in the agreement between such municipalities. Real property,airports, restricted landing areas, air protection privileges, or personalproperty costing in excess of a sum to be fixed by the joint agreement, may beacquired, and condemnation proceedings may be instituted, only by authority ofthe governing bodies of each of the municipalities involved. The total amountof expenditures to be made by the board for any purpose in any calendar yearshall be determined by the municipalities involved by the approval by each. Noreal property and no airport, other air navigation facility, or air protectionprivilege, owned jointly, shall be disposed of by the board, by sale, orotherwise, except by authority of the appointed governing bodies, but the boardmay lease space, area or improvements and grant concessions on airports foraeronautical purposes or purposes incidental thereto.

(g)        Each municipalityis authorized and empowered to enact such ordinances as are provided for bythis Article, and to fix by such ordinances penalties for the violationthereof, which ordinances shall have the same force and effect within themunicipality which enacted them, and on any property controlled by it, eitherseparately or jointly with another municipality, or adjacent thereto, whetherwithin or without the territorial limits of it, or either or any of them, asordinances of the municipality involved, and may be enforced in suchmunicipality in like manner as are its other ordinances.

(h)        Condemnationproceedings may be instituted in the names of two or more municipalitiesjointly, and the property acquired by such joint condemnation proceedings shallbe held by the municipalities as tenants in common, each municipality beingentitled to a pro rata interest in said property as the value of its contributionto the acquisition of said property bears to the total cost of acquiring saidproperty, and in the event one municipality desires to acquire property forexpansion of or addition to the facilities, and the other or others do notelect to join in the acquisition of such property, such municipality mayinstitute condemnation proceedings in its name individually, and all propertynow owned or hereafter acquired by a municipal corporation for additions to orexpansions of aeronautical facilities operated jointly shall be and remain thesole property of the municipal corporation acquiring same.

(i)         For the purpose ofproviding funds for necessary expenditures in carrying out the provisions ofthis section, a joint fund shall be created and maintained, into which each ofthe municipalities involved shall deposit its proportionate share as providedby the joint agreement, and into which shall be paid the revenues obtained fromthe ownership, control and operation of the airports and other air navigationfacilities jointly controlled.

(j)         All disbursementsfrom such fund shall be made by order of the board, subject, however, to suchlimitations as shall be contained in the agreement between such municipalities.

(k)        Specificperformance of the provisions of any joint agreement entered into as providedfor in this section may be enforced as against any party thereto by the otherparty or parties thereto.

(l)         In the event anyproperty is now held or may hereafter be acquired by two or more municipalitiesfor aeronautical purposes, and such municipalities do not agree upon the termsof an agreement, as heretofore provided, and shall not agree to create a boardas heretofore provided, then and in that event a board of not less than fivenor more than seven members shall be created from the inhabitants of suchmunicipalities, each municipality being entitled to appoint as nearly aspossible the proportionate number of representatives on said board as the valueof its contribution shall bear to the entire amount of money or property soheld by such municipalities for aeronautical purposes. In determining the valueof the contribution of any municipality, the value of any funds or propertyused for the development of said property or the building of facilities on saidproperty shall be taken into consideration.

(m)       The said board shallhave all powers given by this Article to boards created by agreements betweenmunicipalities, provided, however, that any funds appropriated by amunicipality and turned over to the board for aeronautical purposes shall onlybe used for these purposes designated by the municipality furnishing suchfunds.

(n)        The actions of suchboard shall be determined by a majority vote of the members thereof, and amajority of the members shall constitute a quorum for any meeting of the board,and such boards so created shall have full control of all revenues received byreason of the airport or other aeronautical facilities, and shall have power toexpend all sums so received for such aeronautical purposes as the board deemsproper, and pay over any surplus to municipalities in proportion to theirrespective interests.

(o)        In the event theaeronautical facilities or any part thereof shall cease to be used foraeronautical purposes, such of the facilities as are jointly owned by two ormore municipalities shall be sold, and each municipality shall receive its prorata proportion of the sums realized from the sale of facilities jointly owned.

(p)        In the eventaeronautical facilities are now owned or hereafter acquired by two or moremunicipalities, and are operated under a board as hereinabove provided, and oneor more of such municipalities deem it advisable to expand or enlarge thefacilities or invest more money in such facilities, all of the municipalitiesthen having representation on the board shall be entitled, if they so desire,to contribute their pro rata part of such additional investment and maintaintheir pro rata representation on said board, provided, however, that if one ormore of the municipalities involved shall fail to contribute its or theirproportionate part of such additional investment, the representation of suchmunicipality on such board shall be readjusted, to the end that therepresentation of each municipality on said board shall represent as nearly aspossible its pro rata contribution to the entire investment.

Provided further that whereone municipality at the time of the passage of this Article shall have investedmore than one half of the total investment in a jointly owned airport, then,and in that event the minority owner or owners shall be allowed five years fromthe date of the passage of this Article in which to pay over to the majorityowner a sum sufficient to equalize the amount of ownership of the presentminority owner or owners with the total ownership of the majority owner.Provided further that this Article shall not be construed to amend or impair inany respect contracts or agreements in effect at the time of the adoption ofthis Article.

(q)        In the case of anairport board or commission authorized by agreement between two cities, asdefined in G.S. 160A‑1(2), pursuant to this section, one of which islocated partially but not wholly in the county in which the jointly ownedairport is located, and where the board or commission provided water andwastewater services off the airport premises before January 1, 1995, the boardor commission shall have the authority to acquire, construct, establish,enlarge, improve, maintain, own, operate and contract for the operation of watersupply and distribution systems and wastewater collection, treatment anddisposal systems of all types, on and off the airport premises. In no event,however, shall such a board or commission be held liable for damages to thoseoff the airport premises for failure to provide such water or wastewaterservices. (1945, c. 490, s. 9; 1995 (Reg. Sess., 1996), c. 644,s. 1.)