Public Notice Guide: Aeronautics

Power and duties of Commission on particular airports (Richland-Lexington)
55-11-340

A.) The Richland-Lexington Airport Commission has the right to adopt regulation that may prohibit construction on airport property or property that is adjacent to the airport. This may only be done after a public meeting is held. The notice shall be placed in a newspaper of general circulation within the district no less than seven days prior to the meeting.

B.) If adoption of these regulation takes place a notice must than be placed in a newspaper of general circulation in the district for three consecutive weeks with the placement occurring at least once a week. Only after the placement can the regulations become effective.

C.) A notice of any contracts for competitive bidding on the construction, building, maintenance and any repair of the airport facility must be published. The notice must run for ten days.

D.) General obligation bonds that are issued for the airport shall be sold at “no less than par and accrued interest to the date of their respective deliveries.” A notice of the public sale and announcing the intention to receive bids for the sale must be published in a newspaper of general circulation in the State of South Carolina, at least ten days prior to the sale. The Commission holds the right to reject the bids and may than take them to a private sale.

Section
Notice
Where
When
55-11-340
A.) A notice for a public meeting in regards to the adoption of regulations to prohibit construction in and around the airport facility
B.) A public notice that adoptions have been made
C.) A notice of any contracts for competitive bidding on the construction, building, maintenance and any repair of the airport facility
D.) A notice of the public sale of general obligation bonds and announcing the intention to receive bids for the sale of these bonds
A.) A newspaper of general circulation] within the district
B.) A newspaper of general circulation in the district
C.) N/A
D.) A newspaper of general circulation in the State of South Carolina.
A.) Not less than seven days prior to the meeting.
B.) Three consecutive weeks with the placement occurring at least once a week
C.) Ten days
D.) At least ten days prior to the sale

Exact wording:

“There is hereby committed to the Commission the functions of planning, establishing, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, protecting and policing such airports and air navigation facilities as shall be necessary to serve the people of the Richland-Lexington Airport district and the public generally. To this end, the Commission shall be empowered:….

The Commission shall if it shall undertake to adopt regulations prohibiting such construction, conduct a public hearing prior to taking action of their own. Notice of such public meeting shall be published in a newspaper of general circulation within the district not less than seven days prior to the occasion fixed for the holding of such meeting. Such notice shall state the time and place of the meeting and shall briefly indicate the scope of the proposed regulation. At such public meeting all persons affected by the proposed regulation shall be entitled to appear and to be heard. If following such a meeting the regulation restricting the erection of any such buildings or structures as was herein described is adopted, notice of the adoption of the regulation shall be given by filing a certified copy thereof in the office of the Clerk of Court for Richland County and in the office of the Clerk of Court for Lexington County and additional copies shall be posted in the Courthouse for Richland County and in the Courthouse for Lexington County and in at least two public places within the district; and notice of the adoption of such regulations shall be published at least once during each of three successive weeks in a newspaper published in and having general circulation in the district. Such regulations shall become effective only after the foregoing shall have been done.The Commission is expressly authorized to apply to any court of general jurisdiction within the district for the enforcement of such regulations through the means of mandatory injunctions and other remedial proceedings and such courts are specifically empowered to render mandatory injunctions and such other remedial orders as shall appear to such courts to be just and reasonable.

The provisions of this paragraph (7) are hereby declared separable from the remaining provisions of this article and the invalidity hereof shall not affect or extend to the remaining provisions of this article….

(12) To make contracts for the construction, erection, maintenance and repair of the facilities in its charge, by competitive bidding, after ten days published notice, if such contracts are in excess of ten thousand dollars; if the contracts are less than ten thousand dollars, then to enter into such contracts without competitive bids.

(20) The Commission, on behalf of the district, shall be empowered to issue not exceeding two million seven hundred thousand dollars of general obligation bonds of the district, whose proceeds shall be used to defray the cost of constructing and establishing suitable airport facilities within the district. For the purpose of this section, the term “construct and establish” shall embrace the cost of direct construction, the cost of all land, property, rights, easements, and franchises acquired (in addition to such property as may be conveyed to the district by Lexington County and the city of Columbia) which are deemed necessary for the construction and use of runways, terminal buildings, maintenance shops, freight depots, service establishments, and any and all facilities incident, or in anywise appurtenant, to an airport facility, and all machinery and equipment needed therefor, payments to contractors, laborers, or others for work done or material furnished, financing charges, interest incurred in connection therewith, interest on the bonds herewith authorized for not exceeding eighteen months, cost of engineering services, architectural services, legal services, legal and engineering expenses, plans, specifications, surveys, projections, drawings, brochures, administrative expenses and such other expenses as may be necessary or incident to the construction and operation of an airport facility within the district, hereafter incurred, for the purposes for which the district is created. All or any general obligation bonds issued pursuant to this paragraph shall conform to the following specifications and be subject to the following procedures:

(b) They shall be sold at not less than par and accrued interest to the date of their respective deliveries at public sale.

At least ten days prior to any sale, notice announcing the intention to receive bids for sale of such bonds shall be published in a newspaper of general circulation in the State of South Carolina. In offering the bonds for sale, the Commission shall reserve the right to reject any and all bids, and if all bids shall be rejected, the Commission may negotiate privately for the disposition of such bonds.”

Notice of a public hearing on rules and regulations pertaining to a U.S. Air Force base or airfield
55-13-20

Rules and regulations pertaining to a United States Air Force base or airfield can only become effective after a public hearing is held on the matter. A notice of the public hearing must be placed once a week for two weeks in a newspaper of general circulation in the county that is affected.

Section
Notice
Where
When
55-13-20
A notice of a public hearing on rules and regulations that pertain to a United States Air Force base or airfield
A newspaper of general circulation in the county that is affected
Once a week for two weeks prior to the hearing

Exact wording:

“The rules and regulations authorized by Section 55-13-10 shall become effective only after a public hearing, notice of which shall be published at least once a week for two weeks in a newspaper published and in general circulation in the county affected thereby.”

 “(55-13-10) The governing body of any county in which there is a United States Air Force base or airfield may make reasonable rules and regulations prohibiting, within a reasonable distance from the base or airfield, (a) the erection of any building, tower or other structure or the allowing of natural growth or other hazard to aircraft, above certain maximum heights which shall be increased at varying distances from the base or airfield and (b) the use of land in a manner which will create electrical interference with radio communication between aircraft and the base, confuse or impair visibility in the vicinity of the base or otherwise endanger the landing, taking-off, or maneuvering of aircraft using the base.”

Notice of the sale of general obligation bonds for regional airport districts
55-17-20

A notice of the sale of general obligation bonds for regional airport districts must be given by publication in a newspaper of general circulation in the State. The notice shall be placed ten days prior to the sale.

Section
Notice
Where
When
55-17-20
A notice of the sale of obligation bonds for regional airport districts
A newspaper of general circulation in the State
Ten days prior to the sale

Exact wording:

“(b) They shall be sold at not less than par and accrued interest to the date of their respective deliveries at public sale. At least ten days prior to any sale, notice announcing the intention to receive bids for sale of such bonds shall be published in a newspaper of general circulation in the State of South Carolina. In offering the bonds for sale the governing authority shall reserve the right to reject any and all bids and if all bids shall be rejected, the governing authority may negotiate privately for the disposition of such bonds.”

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