0241-hb 1563

CHAPTER 241

HB 1563-FN-LOCAL - FINAL VERSION

AN ACT establishing the Wolfeboro Airport Authority.

SPONSORS: Rep. Bradley, Carr 8

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing the Wolfeboro Airport Authority.

Be it Enacted by the Senate and House of Representatives in General Court convened:

241:1 Incorporation. The Wolfeboro Airport Authority, hereinafter referred to as the "Authority" is hereby incorporated as a body politic with the powers and privileges herein provided. Said Authority is a body politic separate and distinct from, and is not a subordinate body of, the town of Wolfeboro, or its boards, commissions, agencies, or authorities.

241:2 Declaration of Purpose. The establishment and maintenance of the airport authorized in section 4 of this act is declared to be for public purposes as an aid to national and state defense, and for the convenience and benefit of the public. The Authority shall be regarded as performing a governmental function in carrying out the provisions of these articles.

II. To select and have a seal. The seal of the Authority shall be the form of a circle and shall bear the name of the Authority, the year of its organization, and the words "Wolfeboro Airport Authority, State of New Hampshire."

III. To adopt bylaws consistent with the state and federal law, for the conduct of its business.

IV. To acquire, hold, lease and dispose of, in any manner other than by eminent domain, real and personal property deemed necessary or desirable for its purposes.

V. To construct, maintain, reconstruct, improve, operate and manage the "airport" described herein.

VI. To accept loans and grants, and the cooperation of the United States of America, the state of New Hampshire, or any agencies thereof, and private investors, in the purchase, lease, construction, maintenance, reconstruction, improvement, and operation of the airport, and to do any and all things necessary in order to avail itself of such aid and cooperation. The Authority is specifically authorized to enter into agreements with the federal government and the state of New Hampshire, through its various agencies, and private investors, relative to the purchase, lease, construction, maintenance, reconstruction, and improvement of the airport and its operation after completion.

VII. To prescribe and publish rules and regulations governing the use and operation of the airport

VIII. To levy and collect reasonable fees, not prohibited by law, for use of the airport and its facilities.

IX. To grant leases of the facilities of the airport for reasonable periods of time.

X. To employ such assistants, agents and servants, professional, technical, or otherwise, as it shall deem necessary or desirable for its purposes, and fix their compensation.

XI. To do all other lawful acts necessary and incidental to the foregoing powers.

241:4 Establishment and Operation of the Airport. The Authority is hereby authorized to establish and maintain an airport (8B8) in the town of Wolfeboro, and in connection therewith and as a part thereof, to establish and maintain auxiliary landing places and facilities contiguous to Lake Winnipesaukee.

241:5 Limitation of Powers. The Authority shall have no power to commit the state of New Hampshire nor any of its political subdivisions, including the town of Wolfeboro or any board, commission, agency or authority thereof, to any obligation or liability whatsoever, nor shall it have the power to encumber any state real estate, except in pursuance of the authority contained in section 3, paragraphs IV or IX of this act. The Authority shall be subject to, and shall comply with, the provisions of the Wolfeboro zoning ordinance and any applicable regulations of the Wolfeboro Planning Board, including those for site review.

241:6 Exemptions From Taxes, Levies, and Executions. All property, real or personal, and rights used or acquired by the Authority in the town of Wolfeboro or elsewhere, and used and occupied for an airport and auxiliary landing places and facilities shall be exempt from all taxation, except for property which is leased to other taxable entities.

241:7 Revenue and Funding. The net revenue of the Authority shall be held and invested by it exclusively for the purpose of the future maintenance, operation, and improvement of said airport. All funds to be used for the acquisition, maintenance, operation, and improvement of the airport and auxiliary landing places and facilities shall come from federal, state and private airport and airways funding sources, and not from the revenues of the town of Wolfeboro.

241:8 Financial Aid. The Authority is authorized to make conveyances and appropriations for the use of the airport and auxiliary landing places and facilities. All contributions and appropriations made prior to the effective date of this act by the Authority for the establishment of the airport and auxiliary landing places and facilities, as authorized in these articles, are hereby ratified.

241:9 Repayment of Initial Investment. The Authority shall give priority to the repayment of any moneys, if any, advanced to the Authority by private individuals or organizations toward the acquisition of the airport. Those individuals or organizations shall be known as the private investors.

I. A member of the board of selectmen of the town of Wolfeboro shall constitute the mandated member of the Authority. The selectmen member, together with 6 other individuals appointed as hereinafter provided, shall constitute the Authority, and shall be vested with all the powers and charged with all the duties hereinafter granted to and imposed upon the Authority.

II. Two members, both of whom shall be residents of the town of Wolfeboro and, so long as any moneys advanced have not been repaid, one of whom shall be chosen from nominees provided by the individual investors, shall be appointed by the board of selectmen. Four members shall be appointed by the commissioner of the department of transportation, 3 of whom shall be residents of the town of Wolfeboro. One appointee shall have general knowledge of and interest in the aeronautics industry and shall not be required to be a resident of the town of Wolfeboro. The members of the Authority shall be nominated and appointed prior to any state transfer of property to the Authority. Authority members shall serve for 3-year terms and until their successors are appointed. However, upon the initial formation of the Authority, 2 of the members shall serve for a period of 4 years, 2 of the members shall serve for a period of 3 years, and 2 of the members shall serve for a period of 2 years. At the initial meeting of the Authority, the length of term shall be determined for each appointee, provided that the nominee of the individual investors appointed by the selectmen shall be given one of the 4-year terms.

III. After public hearing, any of the members of the Authority may be removed by a majority vote of the Authority members for neglect of duty, malfeasance, or misconduct. Any such removal shall be accompanied by written findings made by the Authority.

IV. Except for the mandated member, no person shall be eligible for membership of the Authority who at the time of the appointment of such member holds any remunerative public office or position or any employment for compensation (except as an independent contractor) with the town of Wolfeboro.

V. Any member of the Authority who is also a private investor shall fully and publicly disclose the type and extent of his or her investments in the Authority before participating in any board activities which might impact the value of or return on that investment.

241:11 Compensation. No member of the Authority shall receive any compensation for services. Each member of the Authority shall be reimbursed for actual necessary traveling and other expenses incurred in the performance of the member's duties, payable exclusively out of funds of the Authority available therefor. No member of the Authority shall be allowed any other fees, perquisites, or emoluments, reward, or compensation for services as a member of the Authority.

241:12 Vacancies. Any vacancies which occurs in the membership of the Authority shall be filled for the remainder of the term in the manner provided in section 10 of this act, as applicable.

241:13 Officers; Action by Majority. The Authority shall elect annually from its membership a chairperson, vice-chairperson, clerk, and treasurer and prescribe their duties. The treasurer shall be the financial agent of the Authority and shall furnish such bond, payable to the Authority, as the Authority shall determine for the faithful performance of the duties of the office. The concurrence of a majority of the membership of the Authority shall be necessary to constitute action by the Authority.

241:14 Audits and Reports. All financial transactions of the Authority shall be independently audited annually and at such other times and in such manner as the Authority shall determine. The Authority shall make an annual report of its financial and other transactions for the preceding calendar year. This report shall be forwarded to the department of transportation and shall be made available for inspection by the public and by the private investors.

241:15 Civil Liability; Indemnification. No member of the Authority shall incur personal or individual liability for any actions taken in good faith as a member of the Authority. Further, the Authority shall indemnify and save any member harmless from any loss, claim, or damages suffered as a result of any vote or action taken in good faith as a member of the Authority, including but not limited to personal financial loss and expenses, such as reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment arising from the good faith execution of his or her duties as a member of the Authority.

241:16 Penalties. Any violation of the published rules, ordinances, and regulations of the Authority relating to the operation of the airport, and any unjustified refusal or repeated neglect to pay lawfully prescribed fees for the use of the airport or its facilities, shall be a class B misdemeanor, provided, however, that nothing contained in this section shall be construed as a limitation upon the civil rights of individuals or of the Authority.

241:17 Severability. If any provision of these articles, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of these articles which can be given effect without the invalid provisions or applications, and to this end the provisions of these articles are severable.

AN ACT establishing the Wolfeboro Airport Authority.

The Department of Transportation indicates that this bill will have an indeterminable fiscal impact on local revenue in FY 2000 and each year thereafter. There is no fiscal impact on state, county, and local expenditures or state and county revenue.

The Department states that local revenue is expected to decrease by an indeterminate amount due to the exemptions from taxes, levies, and executions identified in this bill. This amount, however, could be moderated depending on whether Airport Authority leases to taxable entities. The Department expects that there will be some level of unknown decrease to local revenue, but not larger than the current airport property tax payment.