Sec. 14.1 Creation. - There is hereby created the Asheboro Airport Authority, hereinafter called the airport authority, which shall have the duties and powers hereinafter enumerated, such other and additional powers as shall hereafter be conferred upon it by the city council, and such other and additional powers as shall be necessary and incidental to the performance of the duties hereinafter imposed upon said airport authority.
Sec. 14.2 Membership. - The airport authority shall consist of five members who shall be appointed by the city council and shall serve for three year terms.
Each of the members appointed and their successors shall take and subscribe before the city clerk an oath of the office and file the same with the city council.
Sec. 14.3 Duties of authority. - The duties of the airport authority shall be as follows:
(a) Property. To assume administrative control over the real property owned by the city and upon which its airport is constructed, and over the personal property and fixtures used in connection therewith.
(b) Management. To manage and control all of the property and operate the airport for the use and benefit of the public as a public airport and in the manner in which it will contribute greatest to the growth, expansion, welfare and prosperity of the city.
(c) Maintenance. To maintain at all times, in as good and serviceable condition as the funds made available will permit, the entire landing area and all buildings, improvements, facilities and equipment at the airport.
(d) Covenants and Restrictions. To so operate and manage the airport as to comply with all the conditions, covenants, and restrictions contained in the application by the city for aid from the United States Government for the construction of said airport.
(e) Annual Report. To make a complete report of all of its actions annually to the regular May meeting of the city council, and at such other times as the city council may deem necessary or advisable, and at such times submit such recommendations with regard to the operation of the airport as it shall deem advisable.
Sec. 14.4 Powers of authority. - The airport authority shall have and is hereby given the following authority and powers:
(a) Organization. To adopt such bylaws for its own organization, the management and rules of procedure for its meetings and any hearings it may wish to hold, as it may deem advisable, and to prescribe the specific duties of its own members.
(b) Rules and Regulations. To make such reasonable rules and regulations as it may deem necessary for the proper maintenance and operation of the airport, and to provide penalties for the violation of such rules and regulations, and to make recommendations for the adoption of any ordinances which are deemed necessary to maintain law and order on the airport property.
(c) Lease. To rent or lease the airport or any portion thereof, exclusive of runways and other landing areas, and any of the buildings or facilities thereon, to any person or governmental agency for the purpose of operating the airport and doing anything incidental thereto; provided that no lease shall be made for a period longer than three years without the approval of the city council; and, provided further, that should the airport authority decide to lease the airport property to any person or governmental agency, a condition of the lease shall be that sufficient bond, insurance policy or other surety and indemnity shall be posted to save the city harmless from all loss, damage or liability arising out of the operation thereof by said person, or governmental agency; and, provided further, that all contemplated leases shall be presented to the city attorney for his approval before the execution thereof.
(d) Contracts. To enter into any and all contracts in its own name with any person, and to contract for or confer the privileges or concessions of supplying at the airport any goods, commodities, services, facilities or other things; provided that no contract or letting of a concession shall be for a greater period than three years without the approval of the city council; and, provided further, that no contract or lease entered into shall pledge the credit of the city in any manner, but the liability of the city shall be limited to the extent of the funds appropriated to the airport authority in each annual budget ordinance.
(e) Employees. To employ any and all persons upon a salary, fee, or commission basis, which are deemed necessary to assist in the management or operation of the airport, including the power to employ a full-time fixed base operator on a basis to be approved by the city council.
(f) Charges. To determine the charge or rental for the use of or lease of any properties, real or personal, owned or operated by its or under its control, and the charges for any services or accommodations and the terms and conditions upon which such properties may be used.
(g) Expenditures. To expend all moneys received from fees and charges made or from the lease of any of said property or otherwise made available to the airport authority by the city in any manner which they deem advisable in the performance of their duties, subject only to the limitations contained in section 14.5.
(h) Receipt of Moneys. To accept, receive and receipt for federal moneys, and other moneys, either public or private, for the construction, enlargement, improvement, maintenance, equipment or operation of the airport, and to comply with the provisions of the laws of the United States and any rules and regulations made thereunder, the compliance with which shall be a condition precedent to the receiving of such moneys.
(i) Insurance. To purchase such insurance as the airport authority shall deem necessary to protect the interest of the city in the airport property.
(j) Miscellaneous. To do any and all other things which may be necessary or incidental to the performance of the duties of the airport authority in operating the airport and not in conflict with any of the restrictions hereinbefore or hereinafter set out.
(Amended by Senate Bill 1497, passed 6-4-90)
Sec. 14.5 Limitations upon powers. - All powers and authority given and granted to the airport authority shall be subject to the following limitations thereon:
(a) Nepotism. No contract, lease, sale, purchase, or concession letting shall be made with any person related by blood or marriage to any of the members of the airport authority, or with any business, firm, partnership, or corporation with which any member of the authority or a person to whom he is related by blood or marriage is connected, either as owner, employee, stockholder, director or otherwise, without prior approval of the contract, lease, sale, purchase or concession letting by the city council; provided, however, that contracts with a corporation for its general benefit, and routine sale and purchases of regular items of merchandise and at regularly established and reasonable prices may be made without such prior approval of the city council.
(b) Discrimination. All contracts, leases, sales, purchases or fees charged shall be upon reasonable terms and without unjust discrimination and without the grant or exercise of any exclusive right for the use of the airport, and particularly within the meaning of section 303 of the [federal] Civil Aeronautics Act of 1938, and in no case shall the public be deprived of its rightful, equal and uniform use of the airport.
(c) Type of Contracts. The airport authority shall make no contract, lease, sale, purchase or any other things which shall not be consistent with and necessary or incidental to the use of said property as a public airport, and shall not allow the use of any building thereon for manufacturing or industrial purposes.
(d) Construction. Nothing herein contained shall be construed to give the airport authority power or authority to do anything in conflict with the laws of the United States, the laws of the State of North Carolina, or the rules and regulations of the Civil Aeronautics Administration of the federal government.