AN ACT TO CREATE THE CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT AUTHORITY. Enacted July 18, 2013. Effective July 18, 2013.
Summary date: Jul 22 2013 - More information
Summary date: Jul 16 2013 - More information
House amendment makes the following changes to the 9th edition.
Provides that the initial members of the Airport Authority will be the members of the Airport Advisory Committee of Charlotte. Such members will serve only until six members have been appointed by the Appointing Authorities. Limits the powers of the Airport Advisory Committee serving as the initial members to ministerial acts, having no power to award or enter into employment or management contracts. Deletes requirement that the initial terms of office for newly appointed members begin on October 1, 2013.
Provides that all right, title, and interest that the City of Charlotte holds in airport property, facilities, and Charlotte Douglas International Airport will be considered to have been transferred to the Authority when this act becomes law (was, January 1, 2014). Further provides that any development agreements or other contracts of the City of Charlotte pertaining to or related to airport property and airport facilities in effect at the time of the transfer, including any contracts in regards to insurance, will remain in full force and effect after the transfer is completed.
Deletes the effective date for appointing the Aviation Director of the City of Charlotte as the Executive Director of the Authority (previously, effective date of appointment was January 1, 2014). Makes technical changes regarding the compensation and benefits of the Executive Director.
Deletes provision providing that the Authority will be deemed to have employed, effective January 1, 2014, the employees assigned to the Charlotte Aviation Department as the initial employees of the Authority.
Adds new section to the act providing that, from the date the act is enacted and continuing until December 31, 2013, unless terminated earlier by a specified agreement, Charlotte will continue to employ the employees of the city's Aviation Department with the Authority leasing the employees from the city. Sets outs the details and conditions of the lease, including requiring that the city be responsible for all matters related to the payment of payroll taxes, salaries, and any other employee benefits and that the Authority compensate the city for the costs of such expenses and as required by law. Further details that the city must continue to provide all the employment benefits currently available to the airport employees. Provides that effective January 1, 2014, or earlier by way of specified agreement, the Authority will be deemed to have hired all the airport employees as the initial employees of the Authority, with the terms of employment, compensation, and benefits of the airport employees remaining the same under the Authority as provided under employment by the city as of December 31, 2013, or at the time of execution of the specified agreement.
Deletes language requiring Charlotte to make the services of its officers and employees available to the Authority from October 1, 2013, through December 31, 2013.
Makes technical and conforming changes.
Summary date: Jul 10 2013 - More information
House committee substitute to the 8th edition makes the following changes. Changes the name of the Authority to the Charlotte Douglas International Airport Authority (was, the Charlotte Regional Airport Authority).
Changes the membership of the Authority as follows: (1) adds two registered voters of Charlotte appointed by the Mayor, at lease one of whom is a resident of the west side of Charlotte; (2) adds two registered voters of Charlotte appointed by the city council, at least one of whom is a resident of the west side of Charlotte (previous edition required one person who is a registered voter of Charlotte appointed by the city council and one member that is a registered voter of Charlotte appointed by the Mayor); (3) deletes the requirement that one member be a registered voter in Mecklenburg County nominated by the Charlotte City Council appointed by the General Assembly upon the President Pro Tempore of the Senate's recommendation; and (4) provides that one member be appointed by the other 10 members (was, an at-large member appointed by a majority vote of the other members). Deletes the requirement the initial members of the Authority be the members of the Airport Advisory Committee of Charlotte, limits the powers of the initial members, and encourages the appointment of members without untoward delay. Requires the appointing authorities to appoint initial members by October 1, 2013, with terms commencing on that date. Requires the Authority to appoint the 11th member by December 1, 2013. Requires that members, when practical, have experience in aviation, logistics, construction and/or facilities management, law, accounting, and/or finance. Specifies that initial four-year terms expire December 31, 2017 (was, June 30) and all initial two-year terms expire December 31, 2015 (was, June 30).
Adds airport facilities to those entities for which the right, title, and interest of Charlotte is deemed to have been transferred. Makes conforming changes. Changes the date of the transfer to January 1, 2014 (was, upon enactment of the act). Provides that the Authority is to be deemed to have appointed, effective January 1, 2014, as its initial executive director, the Aviation Director of Charlotte. Also provides that it is deemed to have employed, effective January 1, 2014, the employees of Charlotte assigned to the City's Aviation Department and under the Aviation Director's supervision as the Authority's initial employees.
Adds that, in its initial decisions, the Authority must consider the consultant recommendations made to Charlotte in 2013 concerning governance of the Airport.
Adds that the Authority may make recommendations to the 2013 General Assembly before it reconvenes in 2014 concerning amendments to this act, with the recommendations eligible for consideration as if it were a committee or commission.
Adds that during the period from October 1, 2013, through December 31, 2013, the interim period beginning the time the terms of the Authority begins and ending the day before the Authority begins operating the airport, Charlotte must make available to the Authority as needed the services of city officers and employees that this act transfers to the Authority.
Changes the act's short and long titles.
Summary date: Jun 4 2013 - More information
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.
Summary date: Mar 12 2013 - More information
Senate amendment #1 makes the following changes to the 4th edition.Authorizes the Charlotte Regional Airport Authority (Authority) to use the procedure and authority set out in Article 9 (Condemnation)of GS Chapter 136 in exercising its authority of eminent domain to acquire property to be used for airports. Provides that a reference to the state or any state agencyin Article 9 of GS Chapter 136 also includes the Authority and any reference in Article 9 to a state official includes the airport director. Clarifies the restrictions on the power of eminent domain. Prohibits the use of the power of eminent domain to condemn property already devoted to a public use. Makes organizational changes to Section 7.(c) of this act.
Summary date: Feb 27 2013 - More information
Senate committee substitute makes the following changes to the 3rd edition.
Provides that the right, title, and interest that the City of Charlotte (city) is to transfer to the Charlotte Regional Airport Authority (Authority) also includes leases, licenses, options to purchase, and other encumbrances on the airport property, whether or not those encumbrances are recorded. Provides that the Authority assumes all rights, duties, and obligations of the city in commercial or development agreements pertaining to the property, upon the transfer of the airport property.
Provides that the Authority may acquire property or aviation easements needed for any airport, landing field, or facility via gift, devise, or purchase (was, private purchase).
Clarifies that the power of eminent domain under Article 3 of GS Chapter 40A may be used by the Authority for a public use only foran airport purpose(was, provided that GS Chapter 40A did not apply to the Authority unless the power of eminent domain was required by federal or state law). In addition, requires that any eminent domain proceeding must be authorized by a majority of the local government appointees (was, must be authorized jointly by all of the 11 appointing authorities),of the Authority as provided in Sections 4(a)(1) through (8) of this act. Provides that for purposes of GS Chapter 40A, the Authority is a public condemnor under GS 40A-3(c).
Summary date: Feb 20 2013 - More information
Senate committee substitute makes the following changes to the 1st edition.
Deletes the definition for CAAC member, defined as a member of the Charlotte Airport Advisory Committee in existence when this act becomes law.Renumbers the remaining subdivisions accordingly.
Requires the appointing authorities specified in subdivisions (1) through (8) of subsections (4a) (as amended by Amendment #1) to only appoint persons with experience in aviation, transportation logistics, construction and/or facilities management.
Increases the number of members on the Charlotte Regional Airport Authority (Authority)to 13 (was, 11), adding appointments of one member each from Iredell and Lincoln County. Makes conforming changes to add Iredell and Lincoln County to the provisions of the act, and to reflect the increase of members from 11 to 13. Amends requirements for three members who formerly had to be residents of one of the counties of the Authority to require that they be residents of Mecklenburg County. Provides that the appointment designated to bemade by the Speaker of the House of Representatives,is instead to be made by the General Assembly upon the recommendation of the Speaker. Provides that the appointment designated to be made by the President Pro Tempore of the Senate, is instead to be made by the General Assembly upon the recommendation of the President Pro Tem.
Deletes prohibition against any person holding an elected public office being a member of the Authority. Reorganizes sections accordingly.
Changes the number of votes needed to constitute a majority to seven (was, six).
Amends the requirements for the two at-large members who are appointed by a majority vote of the other 11 members.
Summary date: Feb 13 2013 - More information
Establishes the Charlotte Regional Airport Authority (Authority), consisting of eleven members who must meet specified qualifications. Prohibits an elected official from serving on the Authority. Details terms, suspension, voting, meeting, compensation, and other administrative requirements. Provides for staggered terms for members, as indicated. Establishes the Authority's 20 duties, including acquiring, administering, or otherwise regulating airports and/or landing fields for use by airplanes and other aircraft and all facilities incidental to their operation, within the limits of Mecklenburg County. Authorizes the Authority to acquire any real or personal property from Mecklenburg County or Charlotte, which may be necessary for the construction, operation, or maintenance of any airport or facilities located in Mecklenburg County.
Requires Charlotte to transfer to the Authority within 90 days after enactment of the act all rights and title to Charlotte Douglas International Airport; if approval from a federal agency or current bondholder is required, then the time period is extended to within 90 days of the approval. Provides for the acquisition of private property; prohibits the Authority from exercising the power of eminent domain unless required by federal law. Prohibits the Authority from levying any taxes. Extinguishes any claim by Charlotte on account of acquired property. Requires the Authority to make an annual report to area boards of commissioners and the Charlotte City Council. Provides for entering into contracts, leases, conveyances, and other agreements. Requires the Authority's powers be construed liberally in favor of the Authority. States that GS 66-58(a), which prohibits the sale of merchandise by governmental units in competition with citizens under the Umstead Act, does not apply to the Authority.
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