February 28, 1994
Mr. William T. Powell, Jr. Executive Vice President NC Air Cargo Airport Authority Post Office Box 27406 Raleigh, North Carolina 27611-7406
Re: Advisory opinion to William T. Powell, Jr. regarding authority of the North Carolina Air Cargo Airport Authority to make grants to the Global TransPark Development Commission. G.S. 63A-4 and G.S. 158-37
Dear Mr. Powell:
You have asked whether the North Carolina Air Cargo Airport Authority (the "Authority") may make grants-in-aid to the Global TransPark Development Commission (the "Commission").
I have reviewed the enabling legislation both for the Authority (Session Law 1991, Chapter 749, codified as Chapter 63A of the General Statutes) and for the Commission (Session Law 1993, Chapter 544, codified in Article 4 of Chapter 158 of the General Statutes).
The Authority is not specifically authorized to make grants-in-aid. However, it does have authority "to contract and enter into agreements with the State, local governments, other authorities of North Carolina, and other states for the interchange of business and to facilitate the business of cargo airport complexes." G.S. 63A-4(a)(4) "Cargo airport complexes" are defined as "a cargo airport and all other facilities, including private facilities, related to the cargo airport that are located within the cargo airport complex site." G.S. 63A-2(7) In turn, "cargo airport complex site" is defined as "the area designated by the Authority as the location of a cargo airport complex…." G.S. 63A-2(a) Therefore, the Authority may enter into agreements to facilitate the business of cargo airport complexes within the areas designated by the Authority as a cargo airport complex site.
The Global TransPark Development Commission governs an economic development district, created pursuant to Article 4, Chapter 158 and surrounding the global transPark complex and cargo airport. Under G.S. 158-37(a)(5) the Commission may enter into contracts "with the United States, the State of North Carolina and units of local government" to undertake the other powers granted by the General Assembly to the Commission under G.S. 158-37.
Therefore, to the extent the Commission identifies among its powers an activity or activities which would "facilitate the business of cargo airport complexes" within the cargo airports complex site, then it would be appropriate for the Authority to provide for contractual payments to the Commission for the cost of these activities when conducted on the Authority’s behalf by the Commission.
If I can be of further assistance, please let me know.
Andrew A. Vanore, Jr.
Chief Deputy Attorney General