Bill Summary for S 81 (2013-2014)

Summary date: 

Jun 4 2013
S.L. 2013-272

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 81 (Local) Filed Wednesday, February 13, 2013
A BILL TO BE ENTITLED AN ACT TO CREATE THE CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT AUTHORITY.
Intro. by Rucho.

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Bill summary

House committee substitute makes the following changes to the 7th edition.

Amends the definition section for the act, adding and defining the terms airport, airport property, appointing authorities, FAA, and servants.

Provides that the Authority will consist of 11 members (was, 13) and that the members of the Airport Advisory Committee of the City of Charlotte will serve as the initial board members until seven members of the new board have been appointed. Limits the powers of the initial members to ministerial acts and prohibits the awarding of any employment or management contracts. Encourages the appointing authorities to appoint members without delay. Deletes the requirement that one of the members appointed must be a registered voter in North Carolina, a resident of Mecklenburg County, and appointed by the Governor. Requires that one member be a registered voter in Mecklenburg County, nominated by the Charlotte City Council, and appointed by the General Assembly at the recommendation of the President Pro Tempore of the Senate. Provides that one at-large member will be appointed by a majority vote of the other members (was, two at-large members). Provides exceptions to who can be appointed to the Board.

Provides that all initial four-year terms expire June 30, 2017, and all initial two-year terms expire June 30, 2015. Provides that any member can be suspended or removed from office by a majority vote of the other members for cause affecting that member's duties and responsibilities, or other specified instances of misconduct. Allows members to continue to serve until a successor has been duly appointed and qualified, but not for more than 60 days beyond the end of the term (previously, only stated not beyond 60 days). Establishes that actions of the Authority will be determined by a majority vote of the members that are present and voting in a duly called meeting at which a quorum is present. Makes stylistic and clarifying changes to language.

Provides that the initial budget of the Authority will be the budget established by the City Council of the City of Charlotte for the Airport for the period July 1, 2013, through June 30, 2014, until the initial budget is revised by the Authority. Establishes that the financial affairs of the Authority will be governed by the Local Government Finance Act.

Makes technical and clarifying changes to the section concerning the power and authority of the Authority. Establishes that the Authority will honor and be bound by all existing contracts between the city and its service providers that are engaged or retained to assist Charlotte in regards to the Airport. Clarifies that the Executive Director can be subject to an employment contract. Amends the power and authority of the Authority to use eminent domain, deleting a requirement that any eminent domain proceeding be authorized by a majority of the local government appointees. Provides that eminent domain can only be used as to contiguous property and that the power of eminent domain cannot be used for a purpose that is not necessary for the operation or expansion of an airport or compliance with FAA regulations or requirements for or providing protection from or to ameliorate noncompatible land uses.

Makes clarifying changes to the Authority's ability to grant or convey real or personal property for the operation or maintaining of any airport or airport facility in Mecklenburg County. Deletes language regarding the Authority as the corporate instrumentality and agent of specified counties and Charlotte for the purpose of developing aviation facilities.

Sets out and specifies the titles and interests that are deemed to be transferred from the City of Charlotte to the Authority as a matter of law, including any rights or titles to the Airport Property and Charlotte Douglas International Airport as well as specified funds on deposit. Sets out all the liabilities, duties, and obligations that the Authority will assume as a matter of law.

Sets out eight procedures that will be followed in order to effectuate a seamless transfer of the Airport, including honoring and being bound by all existing contracts and grant agreements of the City of Charlotte with respect to the Airport and honoring and being bound by all existing contracts of the City of Charlotte with third-party concessionaires and management contractors.

Establishes that, upon the request of the Executive Director of the Authority, Charlotte will continue to provide administrative services to the Authority as it currently provides and will receive appropriate compensation.

Includes provisions concerning payment of consideration for the transfer of the Airport.

 

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