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IC 8-22-3-0.3
Transfer of board of aviation commissioners after January 25,
1985; applicable law
Sec. 0.3. (a) This section applies to each board of aviation
commissioners from which powers, rights, obligations, functions,
and assets are to be transferred, under section 33 of this chapter, to
an airport authority established by P.L.100-1985.
(b) The provisions of section 33 of this chapter governing the
transfer of assets apply to all assets held for the use of the board of
aviation commissioners on January 25, 1985. Assets held for the use
of the board of aviation commissioners on that date may not be
transferred for the use of any other board or department of local
government after that date, except as provided in section 3 of this
chapter.
As added by P.L.220-2011, SEC.203.
IC 8-22-3-1
Establishment; jurisdiction; name
Sec. 1. Whenever the fiscal body of one (1) or more eligible
entities, acting individually or jointly, adopts an ordinance or a
resolution in favor of the establishment of an airport authority under
this chapter, there is established an airport authority. The authority
has jurisdiction over a district with boundaries coterminous with the
jurisdictional boundaries of the entity or entities adopting the
ordinance or resolution. The authority must have a name including
the words "airport authority."
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-3-1.1
Establishment of airport authorities in certain counties
Sec. 1.1. (a) Notwithstanding section 1 of this chapter, an airport
authority is established in a county having a population of more than
three hundred thousand (300,000) but less than four hundred
thousand (400,000).
(b) For the purposes of this chapter, an authority established under
this section shall be treated as if it had been established by an
ordinance of the fiscal body of the county. However, section 2 of this
chapter does not apply to such an authority.
(c) The name of an authority established under this section is
"(name of second class city)-(name of county) Airport Authority".
As added by P.L.100-1985, SEC.1. Amended by P.L.12-1992,
SEC.67.
IC 8-22-3-2
Remonstrance against establishment of authority; petition;
certification
Sec. 2. (a) A remonstrance against the establishment of an
authority may be made by petition of the registered voters of the
district. The petition must be in writing, must bear the signature,
date, and address of residence of the remonstrator, and must be filed
in the office of the circuit court clerk of the county containing the
greatest percentage of population of the district not later than thirty
(30) days following the adoption of the ordinance. If at least the
number of the registered voters of the district required under
IC 3-8-6-3 to place a candidate on the ballot, as certified by the clerk,
remonstrate, the clerk shall certify the question under IC 3-10-9 to
the county election board of each county in which the district is
located. The question of the establishment of an authority shall be
submitted to the voters of the district at the next primary or general
election at which the question can be placed on the ballot under
IC 3-10-9-3. The question shall be placed on the ballot in the form
prescribed by IC 3-10-9-4 and must state: "Shall the airport authority
be established?".
(b) Upon certification by the clerk that a remonstrance was not
filed by the required number of registered voters and in the time and
manner provided, or that the question was submitted to the voters
and received the affirmative vote of a majority of those voting upon
the question, the authority is established effective as of the next
January 1 or July 1 following the certification, whichever date is
earlier. The certification by the clerk shall be submitted to the fiscal
body of each entity adopting the ordinance or resolution under
section 1 of this chapter.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.10-1988,
SEC.218; P.L.12-1995, SEC.105.
IC 8-22-3-3
Executive and legislative powers of board
Sec. 3. The board of an authority shall exercise the executive and
legislative powers of the authority as provided by this chapter.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981,
P.L.11, SEC.68.
IC 8-22-3-4
Members of board
Sec. 4. (a) Except as provided in subsections (b), (c), (d), (e), (f),
and (g) and section 4.3 of this chapter, the board consists of four (4)
members, whenever the fiscal body of an eligible entity, acting
individually, establishes an authority. The members of the board
shall be appointed by the executive of the entity, and not more than
two (2) members of the board may be of the same political party.
(b) In the event that two (2) cities or one (1) city and one (1) town
act jointly to establish an authority under this chapter, the board
consists of five (5) members. The executive of each city or town
shall each appoint two (2) members to the board. The county
executive shall appoint one (1) member to the board. Each member
appointed by an executive must be of a different political party than
the other appointed member.
IC 8-22-3-4.1 Version a
Members of board for county having consolidated city
Note: This version of section effective until 1-1-2012. See also
following version of this section, effective 1-1-2012.
Sec. 4.1. (a) This section applies only to the board of an airport
authority established for a county having a consolidated city.
(b) The board consists of members appointed as follows:
(1) The mayor of the consolidated city shall appoint six (6)
members. Each member appointed under this subdivision must
be a resident of the county having the consolidated city.
provided for the impeachment of county officers.
(j) A board member appointed under subsection (b)(3) may not
vote on a matter before the board relating to imposing, increasing, or
decreasing property taxes in the county having the consolidated city.
As added by P.L.116-1995, SEC.4. Amended by P.L.170-2002,
SEC.70; P.L.83-2004, SEC.1.
IC 8-22-3-4.1 Version b
Members of board for county having consolidated city
Note: This version of section effective 1-1-2012. See also
preceding version of this section, effective until 1-1-2012.
Sec. 4.1. (a) This section applies only to the board of an airport
authority established for a county having a consolidated city.
(b) The board consists of members appointed as follows:
(1) The mayor of the consolidated city shall appoint five (5)
members. Each member appointed under this subdivision must
be a resident of the county having the consolidated city.
(2) The majority leader of the legislative body of the county
having the consolidated city shall appoint one (1) member. The
member appointed under this subdivision must be a resident of
the county having the consolidated city.
(3) The county executive of each Indiana county that fulfills all
of the following requirements shall each appoint one (1)
member:
(A) The county is adjacent to the county having the
consolidated city.
(B) The county has a population of:
(i) more than one hundred thousand (100,000) but less
than one hundred five thousand (105,000);
(ii) more than fifty-five thousand (55,000) but less than
sixty-five thousand (65,000); or
(iii) more than one hundred eighty thousand (180,000) but
less than one hundred eighty-two thousand seven hundred
ninety (182,790).
(C) The authority owns real property in the county.
The county executive of a county represented on the board
under this subdivision may not appoint an advisory member
under section 4(e) of this chapter.
Not more than three (3) members appointed under subdivision (1)
may be members of the same political party.
(c) The member of the board appointed under subsection (b)(2)
must also be a resident of a township that:
(1) is located in the county having the consolidated city; and
(2) has a population of:
(A) less than twenty-five thousand (25,000); or
(B) more than one hundred thirty-three thousand (133,000)
but less than one hundred fifty thousand (150,000).
(d) A member of the board appointed under subsection
(b)(3)(B)(i) must be a resident of a township:
(1) located in the county making the appointment; and
IC 8-22-3-4.2
Authority established under IC 8-22-3-1.1; members of board
Sec. 4.2. In the event that an authority is established under section
1.1 of this chapter, the board consists of six (6) members. Three (3)
members of the board shall be appointed by the board of
commissioners of the county, and three (3) members of the board
shall be appointed by the mayor of the second class city. Not more
than two (2) members appointed by the board of commissioners of
the county may be members of the same political party and not more
than two (2) members appointed by the mayor of the second class
city may be members of the same political party.
As added by P.L.100-1985, SEC.2.
IC 8-22-3-4.3
Members of certain boards
Sec. 4.3. (a) This section applies only to the board of an airport
authority that:
(1) is not located in a county containing a consolidated city;
(2) is established by a city; and
(3) has entered into a federal interstate compact.
(b) The board of an airport authority described in subsection (a)
consists of members appointed as follows:
(1) Four (4) members appointed by the executive of the city in
which the airport is located. Not more than two (2) members
appointed under this subdivision may be members of the same
political party.
(2) One (1) member appointed by the executive of the county in
which the airport is located.
(3) One (1) member appointed by the executive of the county
(other than the county in which the airport is located) that is
closest geographically to the airport.
(4) One (1) member appointed by the governor.
(c) A member of the board holds office for four (4) years and until
the member's successor is appointed and qualified.
(d) If a vacancy occurs in the board, the authority that appointed
the member that vacated the board shall appoint an individual to
serve for the remainder of the unexpired term.
(e) A board member may be reappointed to successive terms.
(f) A board member may be impeached under the procedure
provided for the impeachment of county officers.
As added by P.L.134-2005, SEC.5.
IC 8-22-3-4.4
General assembly findings regarding board of Indianapolis Airport
Authority
Sec. 4.4. The general assembly finds that development of the
certified air carrier airport, owned and operated by the Indianapolis
Airport Authority, may impact persons residing outside Marion
County but within close proximity to the airport. In order to address
the concerns of these persons, the general assembly finds that it is
appropriate to appoint to the board of the Indianapolis Airport
Authority (described in section 4.1 of this chapter) a member from
a county, described in section 4.1(e) of this chapter, that is located in
close proximity to a certified air carrier airport described in this
section.
As added by P.L.220-2011, SEC.204.
IC 8-22-3-5
Board membership; prerequisites; restrictions
Sec. 5. (a) This subsection applies only in counties that contain a
consolidated city or at least one (1) second class city. To be eligible
to be a member of the board, a person must have the following
qualifications:
(1) Be at least eighteen (18) years old.
(2) Except as provided in section 4.1 of this chapter, be a
resident of the county in which the eligible entity is located.
(3) Not be actively engaged or employed in commercial
aeronautics.
(4) Not hold any other governmental office (by appointment or
election) that has statutory fiscal or management review of the
board's actions.
IC 8-22-3-6
Appointment of board members; staggered terms; vacancies;
reappointment; impeachment
Sec. 6. (a) The board members shall be appointed as soon as
possible after the adoption of an ordinance establishing an authority
under this chapter. The term of each member starts at noon on the
day the authority is established, at which time the board members
shall meet and organize as the board.
(b) Members of the board shall be appointed as follows:
(1) One (1) member for an initial term of one (1) year.
(2) One (1) for an initial term of two (2) years.
(3) If a third or fourth appointment is required, one (1) for an
initial term of three (3) years and one (1) for an initial term of
four (4) years.
(4) If a fifth appointment is required, one (1) for an initial term
of four (4) years.
(5) If a sixth appointment is necessary, one (1) for an initial
term of four (4) years.
At the expiration of the respective terms, a member or members shall
be appointed to fill the vacancies caused by the expiration. The
members so appointed hold office for a term of four (4) years and
until their successors are appointed and qualified. If the authority
was established under IC 19-6-3 (before its repeal on April 1, 1980),
at the expiration of the members' terms the mayor or the board of
county commissioners shall appoint a member or members to fill the
vacancies caused by the expiration. The members so appointed hold
office for a term of three (3) years and until their successors are
appointed and qualified.
(c) If a vacancy occurs in the board by resignation or otherwise,
a member shall be appointed for the remainder of the term.
(d) A board member is eligible for reappointment to successive
terms.
(e) A board member may be impeached under the procedure
provided for the impeachment of county officers.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990,
SEC.38; P.L.116-1995, SEC.6; P.L.134-2005, SEC.7.
IC 8-22-3-6.1
Authority established under IC 8-22-3-1.1; appointment of board
members; terms; vacancies; reappointment; impeachment
Sec. 6.1. (a) Notwithstanding section 6 of this chapter, the board
members of an authority established under section 1.1 of this chapter
shall be appointed on or before June 15, 1985. The term of each
member starts at noon on the day the authority is established, at
which time the board members shall meet and organize as the board.
(b) Members of the board shall be appointed as follows: two (2)
members for an initial term of one (1) year, two (2) members for an
initial term of two (2) years, and two (2) members for an initial term
of three (3) years. At the expiration of the respective terms, a
member or members shall be appointed to fill the vacancies caused
by the expiration. The members so appointed shall hold office for a
term of four (4) years and until their successors are appointed and
qualified.
(c) If a vacancy occurs in the board by resignation or otherwise,
a member shall be appointed for the remainder of the term.
(d) A board member is eligible for reappointment to successive
terms.
(e) A board member may be impeached under the procedure
provided for the impeachment of county officers.
As added by P.L.100-1985, SEC.3.
IC 8-22-3-6.5
Cooperation agreements with contiguous counties
Sec. 6.5. (a) This section applies only to an authority that was
established under IC 19-6-3 (before its repeal on April 1, 1980).
(b) As used in this section, "cooperative agreement" means an
agreement entered into by the authority and an eligible county under
subsection (d).
(c) As used in this section, "eligible county" means a county that
is contiguous to the county in which the authority has jurisdiction.
(d) The authority and an eligible county may enter into a
cooperative agreement concerning the operations, functions, projects,
activities, funding, or capital expenditures of the authority under this
chapter or IC 8-22-3.5.
(e) A cooperative agreement must provide for the following:
(1) The appointment to the board of the authority of one (1) or
more additional members, including advisory members,
representing the eligible county.
(2) The duration of the cooperative agreement.
(3) The purpose of the cooperative agreement.
(4) The manner of financing, staffing, and supplying a joint
undertaking under the cooperative agreement.
(5) Establishing and maintaining a budget for a joint
undertaking under the cooperative agreement.
(6) The partial or complete termination of the cooperative
agreement.
(7) Any other matters the authority and the eligible county
determine are necessary or desirable.
(f) A cooperative agreement may provide for the following:
(1) A trial period, not to exceed three (3) years, during which
the eligible county:
(A) may cooperate in an advisory capacity; and
(B) may not be required to participate in financing activities
under the cooperative agreement.
(2) The establishment of a separately appointed board to
administer the cooperative agreement following the conclusion
of the trial period described in subdivision (1).
(g) A proposed cooperative agreement must be approved by the:
(1) executive; and
(2) fiscal body;
of the eligible county before the eligible county may enter into the
cooperative agreement.
(h) A cooperative agreement entered into under this section is not
subject to IC 36-1-7.
(i) The general assembly finds the following:
(1) The authority and all eligible counties face unique and
distinct challenges and opportunities related to transportation
and economic development that are different in scope and type
from those faced by other units of local government in Indiana
due to:
(A) the status of the authority and the eligible counties in
relationship to the southwest extension of Interstate
Highway 69;
(B) the distance of the authority and the eligible counties
from other major centers of commerce, industry, and
economic activity in the state; and
(C) the relative inaccessibility of southwest Indiana to
markets.
(2) A unique approach is required to fully take advantage of the
economic development potential of the authority and an eligible
county.
As added by P.L.97-2007, SEC.1.
IC 8-22-3-7
Conflicts of interest
Sec. 7. A member of the board is ineligible to hold an appointive
office or employment for the authority. A member of the board may
not become personally interested in any contract with or claim
against the authority.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-3-8
Compensation and expenses
Sec. 8. (a) Except as provided in subsections (b) and (c), the
members of the board shall serve without compensation, but shall be
paid their actual expenses for travel conducted in the interest of the
board.
(b) The fiscal body of the entity may provide a per diem for the
members of the board in an amount that does not exceed thirty-five
dollars ($35) for each whole or part day a member is engaged in
board activities. The members of the board shall also be paid their
actual expenses under subsection (a).
(c) If the authority is established by more than one (1) entity, the
fiscal bodies of the entities, acting jointly, may provide a per diem
for the members of the board in an amount that does not exceed
thirty-five dollars ($35) for each whole or part day a member is
engaged in board activities. The members of the board shall also be
paid their actual expenses under subsection (a).
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.106-1993,
SEC.1.
IC 8-22-3-9
Election of officers; meetings; record of proceedings; internal
affairs
Sec. 9. (a) The board shall elect, at its first regular meeting to be
conducted on the first July 1 or January 1 after appointment of the
board members, and annually thereafter, one (1) of its members
president, and another of its members vice president, who performs
the duties of the president during the absence of or disability of the
president. The board shall keep a suitable office at the airport where
its maps, plans, documents, records, and accounts shall be kept,
subject to public inspection at all reasonable times.
(b) The board shall provide by rule for regular meetings to be held
not less than at monthly intervals throughout the year.
(c) The board shall convene in a special meeting when one is
called. The president or a majority of the members of the board may
call a special meeting. The board shall establish by rule a procedure
for calling special meetings.
(d) Regular or special meetings shall be held at the office of the
board or at another public place in any county where the board owns
or operates an airport. The board may adjourn any regular or special
meeting to a specific day designated at the time of adjournment, and
that meeting is a continuation of the meeting so adjourned. This
subsection does not apply to an authority that was established under
IC 19-6-3 (before its repeal on April 1, 1980).
(e) A majority of the members of the board constitutes a quorum
for a meeting. The board may act officially by an affirmative vote of
a majority of those present at the meeting at which the action is
taken.
(f) The board shall keep a written record of its proceedings, which
shall be available for public inspection in the office of the board. The
board shall record the aye and nay tally of the vote for each
ordinance or resolution.
IC 8-22-3-10
Proposal and adoption of ordinances
Sec. 10. (a) A member of the board may introduce a draft of a
proposed ordinance at a meeting of the board. A person who
introduces a draft shall provide at the time of introduction a written
copy of the draft. The board shall assign to each draft a
distinguishing number and the date when introduced.
(b) Not more than seven (7) days after the introduction of a draft
of an ordinance nor less than seven (7) days before the final passage
of a draft of an ordinance, the board shall publish a notice that the
proposed ordinance is pending final action by the board. The notice
shall be published in each county within the jurisdiction of the board
in accordance with IC 5-3-1. Notice of an ordinance establishing a
budget must be in accordance with IC 6-1.1-17.
(c) The board shall include in the notice reference to the subject
matter of the proposed ordinance and the time and place a hearing
will be had and shall indicate that the proposed ordinance is available
for public inspection at the office of the board. The board may
include in one (1) notice a reference to the subject matter of each
draft that is pending and for which notice has not already been given.
(d) An ordinance is not invalid because the reference to the
subject matter of the draft was inadequate if it was sufficient to
advise the public of the general subject matter of the proposed
ordinance.
(e) The board shall, not later than the date of notice, place five (5)
copies of the proposed draft on file in the office of the board for
public inspection.
(f) At a meeting for which notice has been given as required by
this section, the board may take final action on the proposed
ordinance or may postpone final consideration of it to a designated
meeting in the future without giving additional notice.
(g) Before adopting an ordinance, the board must give an
opportunity to persons present at the meeting to give testimony,
evidence, or argument for or against the proposed ordinance in
person or by counsel, under reasonable rules as to the number of
persons who may be heard and time limits that the board adopts.
(h) When an ordinance is adopted, the board shall also designate
the effective date of the ordinance. If the board fails to designate the
effective date of the ordinance in the record of the proceedings of the
board, the ordinance takes effect on the fourteenth day after its
passage.
(i) When the board adopts an ordinance, the board shall have
copies of it made available to the public.
(j) The board may provide for the printing of the ordinances of the
authority in pamphlet form or for bound volumes and may distribute
them without charge, or may charge the cost of printing and
distribution.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.78, SEC.2.
IC 8-22-3-11
Powers and duties of board
Sec. 11. The board may do all acts necessary or reasonably
incident to carrying out the purposes of this chapter, including the
following:
(1) As a municipal corporation, to sue and be sued in its own
name.
(2) To have all the powers and duties conferred by statute upon
boards of aviation commissioners. The board supersedes all
boards of aviation commissioners within the district. The board
has exclusive jurisdiction within the district.
(3) To protect all property owned or managed by the board.
(4) To adopt an annual budget and levy taxes in accordance
with this chapter.
(A) The board may not levy taxes on property in excess of
the following rate schedule, except as provided in sections
17 and 25 of this chapter:
Total Assessed Rate Per $100 Of
Property Valuation Assessed Valuation
$300 million or less $0.10
More than $300 million
but not more than $450 million $0.0833
More than $450 million
but not more than $600 million $0.0667
More than $600 million
but not more than $900 million $0.05
More than $900 million $0.0333
(B) Clause (A) does not apply to an authority that was
established under IC 19-6-2 or IC 19-6-3 (before their repeal
on April 1, 1980).
(C) The board of an authority that was established under
IC 19-6-3 (before its repeal on April 1, 1980) may levy taxes
on property not in excess of six and sixty-seven hundredths
cents ($0.0667) on each one hundred dollars ($100) of
assessed valuation.
(5) To incur indebtedness in the name of the authority in
accordance with this chapter.
(6) To adopt administrative procedures, rules, and regulations.
(7) To acquire property, real, personal, or mixed, by deed,
purchase, lease, condemnation, or otherwise and dispose of it
for use or in connection with or for administrative purposes of
the airport; to receive gifts, donations, bequests, and public
trusts and to agree to conditions and terms accompanying them
and to bind the authority to carry them out; to receive and
administer federal or state aid; and to erect buildings or
structures that may be needed to administer and carry out this
chapter.
(8) To determine matters of policy regarding internal
organization and operating procedures not specifically provided
for otherwise.
(9) To adopt a schedule of reasonable charges and to collect
them from all users of facilities and services within the district.
(10) To purchase supplies, materials, and equipment to carry
out the duties and functions of the board in accordance with
procedures adopted by the board.
(11) To employ personnel that are necessary to carry out the
duties, functions, and powers of the board.
(12) To establish an employee pension plan. The board may,
upon due investigation, authorize and begin a fair and
reasonable pension or retirement plan and program for
personnel, the cost to be borne by either the authority or by the
employee or by both, as the board determines. If the authority
was established under IC 19-6-2 (before its repeal on April 1,
1980), the entire cost must be borne by the authority, and
ordinances creating the plan or making changes in it must be
approved by the mayor of the city. The plan may be
administered and funded by a trust fund or by insurance
purchased from an insurance company licensed to do business
in Indiana or by a combination of them. The board may also
include in the plan provisions for life insurance, disability
insurance, or both.
(13) To sell surplus real or personal property in accordance with
law. If the board negotiates an agreement to sell trees situated
in woods or forest areas owned by the board, the trees are
considered to be personal property of the board for severance or
sale.
(14) To adopt and use a seal.
(15) To acquire, establish, construct, improve, equip, maintain,
control, lease, and regulate municipal airports, landing fields,
and other air navigation facilities, either inside or outside the
district; to acquire by lease (with or without the option to
purchase) airports, landing fields, or navigation facilities, and
any structures, equipment, or related improvements; and to
erect, install, construct, and maintain at the airport or airports
facilities for the servicing of aircraft and for the comfort and
accommodation of air travelers and the public. The Indiana
department of transportation must grant its approval before land
may be purchased for the establishment of an airport or landing
field and before an airport or landing field may be established.
jurisdiction. However, this does not prevent the making of
leases in accordance with other provisions of this chapter. All
contracts, and leases, are subject to restrictions and conditions
that the board prescribes. The authority may lease its property
and facilities for any commercial or industrial use it considers
necessary and proper, including the use of providing airport
motel facilities. For the airport authority established by the city
of Gary, the board may approve a lease, management
agreement, or other contract:
(A) with a person:
(i) who is selected by the board using the procedures under
IC 36-1-9.5; and
(ii) whose character, experience, and financial
responsibility have been determined satisfactory by the
board; and
(B) to use, plan, design, acquire, construct, reconstruct,
improve, extend, expand, lease, operate, repair, manage,
maintain, or finance all or any part of the airport and its
landing fields, air navigation facilities, and other buildings
and structures for a period not to exceed ninety-nine (99)
years. However, the board must pass an ordinance to enter
into such a lease, management agreement, or other contract.
All contracts, leases, and management agreements are
subject to restrictions and conditions that the board
prescribes. The authority may lease its property and facilities
for any commercial or industrial use it considers necessary
and proper, including the use of providing airport motel
facilities. A lease, management agreement, or other contract
entered into under this section or any other provision of this
chapter may be entered into without complying with IC 5-23.
(21) To sell machinery, equipment, or material that is not
required for aviation purposes. The proceeds shall be deposited
with the treasurer of the authority.
(22) To negotiate and execute contracts for sale or purchase,
lease, personal services, materials, supplies, equipment, or any
other transaction or business relative to an airport under the
board's control and operation. However, whenever the board
determines to sell part or all of aviation lands, buildings, or
improvements owned by the authority, the sale must be in
accordance with law.
(23) To vacate all or parts of roads, highways, streets, or alleys,
whether inside or outside the district, in the manner provided by
statute.
(24) To annex lands to itself if the lands are owned by the
authority or are streets, roads, or other public ways.
(25) To approve any state, county, city, or other highway, road,
street or other public way, railroad, power line, or other
right-of-way to be laid out or opened across an airport or in
such proximity as to affect the safe operation of the airport.
(26) To construct drainage and sanitary sewers with
connections and outlets as are necessary for the proper drainage
and maintenance of an airport or landing field acquired or
maintained under this chapter, including the necessary buildings
and improvements and for the public use of them in the same
manner that the authority may construct sewers and drains.
However, with respect to the construction of drains and sanitary
sewers beyond the boundaries of the airport or landing field, the
board shall proceed in the same manner as private owners of
property and may institute proceedings and negotiate with the
departments, bodies, and officers of an eligible entity to secure
the proper orders and approvals; and to order a public utility or
public service corporation or other person to remove or to
install in underground conduits wires, cables, and power lines
passing through or over the airport or landing field or along the
borders or within a reasonable distance that may be determined
to be necessary for the safety of operations, upon payment to
the utility or other person of due compensation for the expense
of the removal or reinstallation. The board must consent before
any franchise may be granted by state or local authorities for the
construction of or maintenance of railway, telephone, telegraph,
electric power, pipe, or conduit line upon, over, or through land
under the control of the board or within a reasonable distance
of land that is necessary for the safety of operation. The board
must also consent before overhead electric power lines carrying
a voltage of more than four thousand four hundred (4,400) volts
and having poles, standards, or supports over thirty (30) feet in
height within one-half (1/2) mile of a landing area acquired or
maintained under this chapter may be installed.
(27) To contract with any other state agency or instrumentality
or any political subdivision for the rendition of services, the
rental or use of equipment or facilities, or the joint purchase and
use of equipment or facilities that are necessary for the
operation, maintenance, or construction of an airport operated
under this chapter.
(28) To provide air transportation in furtherance of the duties
and responsibilities of the board.
(29) To promote or encourage aviation-related trade or
commerce at the airports that it operates.
(30) To provide aviation services to public use airports within
or outside Indiana either directly or through an affiliate entity
established by the board.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.1; Acts 1982, P.L.82, SEC.1; P.L.130-1987, SEC.3;
P.L.3-1990, SEC.40; P.L.106-1993, SEC.2; P.L.29-1999, SEC.2;
P.L.29-1999, SEC.3; P.L.98-2001, SEC.2; P.L.182-2009(ss),
SEC.268; P.L.139-2011, SEC.4.
IC 8-22-3-11.6
Consolidation of law enforcement and fire protection
Sec. 11.6. (a) This section applies only to an airport authority
established for a county having a consolidated city.
(b) The legislative body of the consolidated city and the governing
body of the airport authority may adopt substantially similar
ordinances providing that the fire department of the airport authority
is consolidated into the fire department of the consolidated city, and
that the fire department of the consolidated city shall provide fire
protection services for the airport authority. If ordinances are adopted
under this section, the consolidation shall take effect on the date
agreed to by the legislative body of the consolidated city and the
governing body of the airport authority in the ordinances.
(c) The legislative body of the consolidated city and the governing
body of the airport authority may adopt substantially similar
ordinances providing that the law enforcement services of the airport
authority are consolidated into the consolidated law enforcement
department of the consolidated city, and that the law enforcement
department of the consolidated city shall provide law enforcement
services for the airport authority. If ordinances are adopted under this
section, the consolidation shall take effect on the date agreed to by
the legislative body of the consolidated city and the governing body
of the airport authority in the ordinances.
As added by P.L.227-2005, SEC.7.
IC 8-22-3-12
Contracts for improvements and purchases
Sec. 12. For all contracts for improvements and purchases, other
than those for professional services and those for the acquisition of
land, easements, and rights-of-way, IC 5-22, IC 36-1-9.5, and
IC 36-1-12 apply.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981,
P.L.57, SEC.29; P.L.85-1991, SEC.2; P.L.49-1997, SEC.36;
P.L.139-2011, SEC.5.
IC 8-22-3-13
Damages for breach of agreements; penalties for violations;
injuries to properties; publication of rules and regulations
Sec. 13. The board may take action to recover damages for the
breach of an agreement, express or implied, relating to the operation,
control, leasing, management, or improvement of the property under
its control, to impose the penalties for the violation of ordinances or
of its rules or regulations, and for injury to the personal or real
property under its control, and to recover possession of any such
property. All rules and regulations that the board adopts under this
chapter shall be published in accordance with IC 5-3-1.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.81-1996,
SEC.11.
IC 8-22-3-14
Establishment of restricted zones; eminent domain; zoning
jurisdiction
Sec. 14. (a) In order to provide free air space for the safe descent
and ascent of aircraft and for the proper and safe use of an airport or
landing field acquired or maintained under this chapter, the board
may establish by ordinance or ordinances a restricted zone or zones
of a distance in any direction from the boundaries of the airport or
landing field so that no building or other structure is erected high
enough to interfere with the descent of an aircraft at an approach
angle necessary for safety for the usual type of operation that is
conducted at the airport or landing field. If the authority was
established under IC 19-6-3 (before its repeal on April 1, 1980), this
action is subject to approval by the fiscal body of any eligible entity
within or coterminous with the boundaries of the district.
(b) The board may acquire by condemnation or purchase, upon the
payment of due compensation, the right to prevent the erection of,
and to require the removal of, all buildings, towers, poles, wires,
cables, other structures, and trees within the zone or zones that
interfere with the gliding angle or as much of any structure or trees
that interfere with the gliding angles. When a restricted zone or zones
has been established, a permit issued by a department or office of an
eligible entity or by any state or other authority for the erection of
any structure extending into such zone or zones is effective only if
approved by the board. Establishment of a restricted zone or zones
outside of an airport or landing field, in connection with the
condemnation of the rights in the land, constitutes condemnation and
the perpetual annihilation of all rights of the owners of the property
within the zone or zones to erect or maintain any building or
structure that will interfere with the gliding angle. This result may be
accomplished by absolute condemnation of the land, with perpetual
and irrevocable free license to use and occupy the land within the
zone for all purposes except the erection of buildings or other
structures above the height so prescribed.
(c) The part of a restricted zone that extends below fifty (50) feet
measured vertically from the land may be established only by
purchase or proceedings in eminent domain. That part of a restricted
zone that is fifty (50) or more feet above the surface of the land is in
effect immediately upon the adoption of a zoning ordinance.
However, the owners of land beneath a restricted zone have the right
to recover damages that may be proven in an action brought for that
purpose. In an action for damages the owner has the burden of
proving damage by reason of the establishment of the restricted zone.
(d) The zoning jurisdiction granted in this section is exclusive
against jurisdiction granted by any other statute unless the other
statute specifically provides otherwise. In case of conflict with any
airport zoning or other regulations promulgated by an eligible entity,
the regulations adopted under this section prevail.
(e) All airport zoning regulations adopted under this chapter must
be reasonable and may not impose a requirement or restriction that
is not reasonably necessary to effectuate the purposes of this chapter.
In determining what regulations to adopt, the board shall consider,
among other things, the character of the flying operations expected
to be conducted at the airport, the nature of the terrain within the
airport hazard area, the character of the neighborhood, and the uses
to which the property to be zoned is put and adaptable. However, this
section does not apply to the location, relocation, erection,
construction, change, alteration, maintenance, removal, use, or
enlargement of any buildings or structures on lands owned by a
public utility or railroad.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.2; P.L.3-1990, SEC.41.
IC 8-22-3-15
Eminent domain; procedures
Sec. 15. (a) The board:
(1) may exercise the power of eminent domain to carry out this
chapter;
(2) may award damages to landowners for real estate and
property rights appropriated; and
(3) if the board cannot agree with the owners, lessees, or
occupants of real estate selected by the board for the purposes
in this chapter, may procure the condemnation of the property.
The board may proceed under IC 32-24-1. IC 32-24-1 applies to
airports, landing fields, and restricted zones adjoining them to the
extent that it is not inconsistent with this chapter.
(b) If the land on and across which it is necessary to establish and
fix a restricted zone is already in use for another public purpose or
has been condemned or appropriated for a use authorized by statute,
and is being used for that purpose by the corporation so
appropriating it, the public use or prior condemnation does not bar
the right of the board to condemn the use of ground for aviation
purposes. Use by the board does not permanently prevent the use of
the land for the prior public use or by the corporation condemning or
appropriating it.
(c) In a proceeding prosecuted by the board to condemn the use
of land for purposes permitted by this chapter, the burden is upon the
board to show that its use will not permanently or seriously interfere
with the continued public use of the land or by the corporation
condemning it, or its successors. However, in the proceeding the
board may require the removal or the burying beneath the surface of
the ground of wires, cables, power lines, or other structures within a
restricted zone established under this chapter.
(d) The board may not take or disturb property or facilities
belonging to a public utility or common carrier engaged in interstate
commerce if the property or facilities are required for the proper and
convenient operation of the utility or carrier, unless provision is
made for the restoration, relocation, or duplication of the property or
facilities elsewhere, at the sole cost of the board.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.3; P.L.2-2002, SEC.47.
IC 8-22-3-16
Issuance of bonds
Sec. 16. (a) The board may issue general obligation bonds of the
authority for the purpose of procuring funds to pay the cost of
acquiring real property, or constructing, enlarging, improving,
remodeling, repairing, or equipping buildings, structures, runways,
or other facilities, for use as or in connection with or for
administrative purposes of the airport. The issuance of the bonds
must be authorized by ordinance of the board providing for the
amount, terms, and tenor of the bonds and for the time and character
of notice and the mode of making sale. If one (1) airport is owned by
the authority, an ordinance authorizing the issuance of bonds for a
separate second airport is subject to approval as provided in this
section. The bonds bear interest and are payable at the times and
places that the board determines but running not more than
twenty-five (25) years after the date of their issuance, and they must
be executed in the name of the authority by the president of the board
and attested by the secretary who shall affix to each of the bonds the
official seal of the authority. The interest coupons attached to the
bonds may be executed by placing on them the facsimile signature of
the president of the board.
(b) The issuance of general obligation bonds must be approved by
resolution of the following body:
(1) When the authority is established by an eligible entity, by its
fiscal body.
(2) When the authority is established by two (2) or more
eligible entities acting jointly, by the fiscal body of each of
those entities.
(3) When the authority was established under IC 19-6-2 (before
its repeal), by the mayor of the consolidated city, and if a
second airport is to be funded, also by the city-county council.
(4) When the authority was established under IC 19-6-3 (before
its repeal), by the county council.
(c) The airport director shall manage and supervise the
preparation, advertisement, and sale of the bonds, subject to the
authorizing ordinance. Before the sale of the bonds, the airport
director shall cause notice of the sale to be published once each week
for two (2) consecutive weeks in two (2) newspapers of general
circulation published in the district, setting out the time and place
where bids will be received, the amount and maturity dates of the
issue, the maximum interest rate, and the terms and conditions of sale
and delivery of the bonds. The bonds shall be sold to the highest
bidder, in accordance with the procedures for selling public bonds.
After the bonds have been properly sold and executed, the airport
director shall deliver them to the treasurer of the authority and take
a receipt for them, and shall certify to the treasurer the amount which
the purchaser is to pay for them, together with the name and address
of the purchaser. On payment of the purchase price, the treasurer
shall deliver the bonds to the purchaser, and the treasurer and airport
director or superintendent shall report their actions to the board.
(d) The provisions of IC 6-1.1-20 and IC 5-1 relating to:
(1) the filing of a petition requesting the issuance of bonds and
giving notice of them;
(2) the giving of notice of determination to issue bonds;
(3) the giving of notice of hearing on the appropriation of the
proceeds of bonds and the right of taxpayers to appeal and be
heard on the proposed appropriation;
(4) the approval of the appropriation by the department of local
government finance;
(5) the right of:
(A) taxpayers and voters to remonstrate against the issuance
of bonds, in the case of a proposed bond issue described by
IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds, in the case of a
proposed bond issue described by IC 6-1.1-20-3.5(a); and
(6) the sale of bonds at public sale for not less than par value;
are applicable to proceedings under this chapter for the issuance of
general obligation bonds.
(e) Bonds issued under this chapter are not a corporate obligation
or indebtedness of any eligible entity but are an indebtedness of the
authority as a municipal corporation. An action to question the
validity of the bonds issued or to prevent their issue must be
instituted not later than the date set for sale of the bonds, and all of
the bonds after that date are incontestable.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.90-2002,
SEC.328; P.L.219-2007, SEC.94; P.L.146-2008, SEC.364.
IC 8-22-3-17
Special tax levy; collection; bonds exempt from taxation
Sec. 17. (a) For the purpose of raising money to pay all bonds
issued under section 16 of this chapter and any interest on them, the
principal of and interest on any outstanding bonds or obligations
payable from taxes and assumed under section 33 of this chapter, and
leases entered into under IC 8-22-3.6 that are payable in whole or in
part from a property tax levy, the board shall levy each year a special
tax upon all of the property, both real and personal, located within
the district in a manner and in an amount to meet and pay the
principal of the bonds as they severally mature, together with all
interest accruing on them, and to pay lease rentals as they become
due, after taking into account all other revenues pledged to the
payment of the bonds or lease rentals.
(b) The board shall file the tax levied each year with the county
auditor of the county in which the district is located under
IC 6-1.1-17.
(c) The tax levied shall be collected and enforced by the treasurer
of the county under IC 6-1.1, and as the tax is collected by the
treasurer of the county it shall be paid over to the treasurer of the
authority. The treasurer shall accumulate and keep the tax in a
separate fund to be known as the "airport authority bond fund",
which shall be applied to the payment of the bonds and the interest
on them as they severally mature and to the payment of lease rentals
and to no other purposes.
IC 8-22-3-18
Repealed
(Repealed by P.L.1-1991, SEC.80.)
IC 8-22-3-18.1
Capital improvements; revenue bond issues and related matters
Sec. 18.1. (a) The board may:
(1) finance capital improvements, including the acquisition of
real estate;
(2) refund any bonds; or
(3) pay any loan contract;
by borrowing money and issuing revenue bonds from time to time
under this section.
(b) The issuance of revenue bonds must be authorized by
ordinance of the board in at least one (1) series, may bear a date or
dates, may mature at a time or times not exceeding forty (40) years
from their respective dates, may bear interest, may be in a
denomination or denominations, may be in a form, either coupon or
registered, may carry registration and conversion privileges, may be
executed in a manner, may be payable in a medium of payment and
at a place or places, may be subject to terms of redemption, with or
without a premium, may be declared or become due before the
maturity date, may provide for the replacement of mutilated,
destroyed, stolen, or lost bonds, may be authenticated in a manner
and upon compliance with conditions, and may contain other terms
and covenants that the ordinance of the board provides.
Notwithstanding the form or tenor of the bonds, and in the absence
of express recitals on their faces that the bonds are nonnegotiable,
the bonds are negotiable instruments.
(c) The issuance of revenue bonds must be approved as follows:
(1) When the authority is established by an eligible entity, by
the entity's executive.
(2) When the authority is established by at least two (2) eligible
entities acting jointly, by the executive of each of those entities.
(3) When the authority was established under IC 19-6-2 (before
its repeal on April 1, 1980), by the executive of the consolidated
city.
(4) When the authority was established under IC 19-6-3 (before
its repeal on April 1, 1980), by the county fiscal body.
For purposes of this subsection, the entire legislative body of a town
is considered the executive of the town.
(d) The bonds must be executed in the name of the authority by
the president of the board and attested by the secretary, and interest
coupons may be executed by placing on the interest coupons the
facsimile signature of the president of the board. The bonds are valid
and binding obligations of the authority for all purposes,
notwithstanding that before delivery of the bonds any of the persons
whose signatures appear on the bonds have ceased to be officers of
the entity or authority, as if the persons had continued to be officers
of the entity and authority until after delivery. The validity of the
authorization and issuance of the bonds is not dependent on or
affected in any way by proceedings taken for the improvement for
which the bonds are to be issued, or by contracts made in connection
with the improvement. An ordinance authorizing revenue bonds must
provide that a revenue bond contain a recital that the bond is issued
under this chapter, and a bond containing the recital under authority
of an ordinance is considered valid and issued in conformity with
this chapter.
(e) At the discretion of the board, the revenue bonds shall be sold
either under the procedures for selling public bonds or at a negotiated
sale. The bonds may be sold in installments at different times, or an
entire issue or series may be sold or exchanged at one (1) time. Any
issue or series of the bond may be sold in part or sold in part in
installments at different times or at one (1) time.
(f) The bonds are special obligations of the authority and are
payable solely from and secured by a lien upon the revenues of all or
part of the facilities of the authority, as shall be more fully described
in the ordinance of the board authorizing the issuance of the bonds,
and, subject to the Constitution and to the prior or superior rights of
any person, the board may by ordinance pledge and assign for the
security of the bonds all or part of the gross or net revenues of the
enterprise.
(g) All bonds of the same issue shall be equally and ratably
secured, without priority by reason of number, date of bonds, of sale,
of execution, or of delivery, by a lien upon the revenues in
accordance with this section and the ordinance authorizing the
issuance of the bonds.
(h) This chapter does not alter the rights granted to or the
agreements made with the holders of any notes, bonds, or other
obligations of the board outstanding on April 1, 1980.
(i) The bonds, and interest on the bonds, are not a debt of the
authority or the board, nor a charge, a lien, or an encumbrance, legal
or equitable, upon property of the board, or upon income, receipts,
or revenues of the board other than those revenues of the facilities
that have been pledged to the payment of the bonds. Every bond must
recite in substance that the bond, including interest, is payable solely
from the revenues pledged to the bond's payment, and that the board
is under no obligation to pay the bond, except from those revenues.
(j) The bonds and the income from the bonds are exempt from
taxation, except the financial institutions tax imposed under IC 6-5.5
or a state inheritance tax imposed under IC 6-4.1.
(k) In order that the payment of the revenue bonds and the interest
on the bonds be adequately secured, the board and its officers,
agents, and employees shall:
(1) pay or cause to be paid punctually the principal of every
bond, and the interest on every bond, on the date or dates and at
the place or places and in the manner and out of the funds
mentioned in the bonds and in the attached coupons, in
accordance with the ordinance authorizing their issuance;
(2) operate the facilities of the authority, the revenues of which
are pledged to the bonds, in an efficient and economical manner
and establish, levy, maintain, and collect fees, tolls, rentals,
rates, and other charges that may be necessary or proper, which
must be at least sufficient after making due and reasonable
allowance for contingencies and for a margin of error in the
estimates:
(A) to pay all current expenses of operation, maintenance,
and repair of the facilities;
(B) to pay the interest on and principal of the bonds as the
bonds become due and payable;
(C) to comply in all respects with the terms of the ordinance
authorizing the issuance of bonds or any other contract or
agreement with the holders of the bonds; and
(D) to meet any other obligations of the board that are
charges, liens, or encumbrances upon the revenues of the
facilities;
(3) operate and maintain the facilities and every part of the
facilities in good working order and condition;
(4) preserve the security of the bonds and the rights of the
holders, and warrant and defend the rights against all claims and
demands of all persons;
(5) pay the lawful claims for labor, materials, and supplies,
which, if unpaid, might by law become a lien or charge upon
the revenues or part of the revenues, superior to the lien of the
bonds, or that might impair the security of the bonds, to the end
that the priority and security of the bonds be fully preserved;
(6) hold in trust the revenues pledged to the payment of the
bonds for the benefit of the holders of the bonds and apply the
revenues only as provided by the ordinance authorizing the
issuance of the bonds or, if the ordinance is modified, as
provided in the ordinance as modified; and
(7) keep proper books of record and accounts of the facilities
(separate from all other records and accounts) in which
complete and correct entries are made of all transactions
relating to the facilities or part of the facilities, the revenues of
which are pledged and that, together with all other books and
papers of the board, are at all times subject to the inspection of
the holder or holders of not less than ten percent (10%) of the
bonds then outstanding or the holder's or the holders'
representative duly authorized in writing.
None of the duties in this subsection require the expenditure in any
manner or for any purpose by the board of any funds other than
revenues received or receivable from the enterprise or facilities.
(l) The board may insert provisions in an ordinance or a resolution
authorizing the issuance of revenue bonds, which becomes a part of
the contract with the holders of the revenue bonds, as to:
(1) limitations on the purpose to which the proceeds of sale of
any issue of revenue bonds, or any notes, bonds, or other
obligations payable from the revenues to finance the improving
of the facilities may be applied;
(2) limitations on the issuance of additional bonds, or additional
notes, bonds, or other obligations to finance the improving of
the facilities, including liens;
(3) limitations on the right of the board to restrict and regulate
the use of the facilities;
(4) the amount and kind of insurance to be maintained on the
facilities and the use and disposition of insurance money;
(5) pledging all or part of the revenues of the facilities to which
the board's right exists;
(6) covenanting against pledging all or part of the revenues of
the facilities to which its right exists;
(7) events of default and terms and conditions upon which the
bonds become or may be declared due before maturity and as to
the terms and conditions upon which declaration and its
consequences may be waived;
(8) the rights, liabilities, powers, and duties arising upon the
breach by it of any covenants, conditions, or obligations;
(9) the vesting in a trust or trustees the right to enforce
covenants made to secure, to pay, or in relation to the bonds, as
to the powers and duties of the trustee or trustees, and the
limitation of liabilities, and as to the terms and conditions upon
which the holders of the bonds or any proportion or percentage
of the holders of the bonds may enforce any covenants made or
duties imposed under this chapter;
(10) a procedure by which the terms of an ordinance authorizing
revenue bonds, or any other contract with bondholders, such as
an indenture of trust or similar instrument, may be amended or
abrogated and as to the amount of bonds, the holders of which
must consent to them and the manner in which such consent
may be given;
(11) the execution of all instruments necessary or convenient in
the exercise of the powers granted by this chapter or in the
performance of the duties of the board and the officers, agents,
and employees of them;
(12) refraining from pledging, claiming, or taking the benefit or
advantage of any stay or extension law whenever enacted,
which may affect the duties or covenants of the board in
relation to the bonds, or the performance or the lien of the
bonds;
(13) the purchase out of funds available, including the proceeds
of revenue bonds, of outstanding notes, bonds, or obligations
and the price or prices at which and the manner in which
purchases may be made; and
(14) other acts and things that may be necessary, convenient, or
desirable in order to secure the bonds, or that may tend to make
the bonds more marketable.
This section does not authorize the board to make covenants, to
perform an act, or to do anything that requires the expenditure by the
board of funds other than revenues received or receivable from the
facilities.
(m) In the event that the board defaults in the payment of the
principal or interest on any of the revenue bonds after the bonds
become due, whether at maturity or upon call for redemption, and the
default continues for a period of thirty (30) days, or in the event that
the board or the board's officers, agents, or employees fail or refuse
to comply with this chapter or default in an agreement made with the
holders of the bonds, any holder or holders of revenue bonds, or a
trustee for the holder or holders of the bonds, has the right to apply
in an appropriate judicial proceeding to the circuit or superior court
of the county in which the district is situated, in which the facilities
are located, or in any court of competent jurisdiction, for the
appointment of a receiver of the facilities, whether or not the holder,
holders, or trustee is seeking or has sought to enforce any other right
or to exercise any remedy in connection with the bonds. Upon
application, the circuit or superior court may appoint, and if the
application is made by the holders of twenty-five percent (25%) in
principal amount of the bonds then outstanding or by a trustee for
holders of the bonds in that amount shall appoint, a receiver for the
enterprise.
(n) The receiver appointed shall, directly or by the receiver's
agents and attorneys, enter into and upon and take possession of the
facilities, the revenues of which are pledged, and every part of the
facilities, and may exclude the board, the board's officers, agents, and
employees, and all persons claiming under them. The receiver may
have, hold, use, operate, manage, and control the facilities in the
name of the board or otherwise, as the receiver considers best, and
may exercise all rights and powers of the board with respect to the
facilities as the board itself might do. The receiver shall maintain,
restore, and insure the facilities, shall make all necessary repairs,
shall establish, levy, maintain, and collect fees, tolls, rentals, and
other charges in connection with the facilities that the receiver
considers necessary or proper and reasonable, and shall collect and
receive all revenues, deposit the revenues in a separate account, and
apply the revenues in the manner that the court directs.
(o) Whenever all that is due upon the revenue bonds and interest
on the bonds, and upon other notes, bonds, or other obligations, and
interest on the notes, bonds, or obligations, having a charge, lien, or
encumbrance on the revenues of the facilities and under the terms of
covenants or agreements with bondholders has been paid or
deposited, and all defaults have been cured and made good, the court
may in its discretion, and after notice and hearing that the court
considers reasonable and proper, direct the receiver to surrender
possession of the facilities to the board, with the right of the holders
of the bonds to secure the appointment of a receiver upon subsequent
default remaining in force.
(p) The receiver shall act under the direction and supervision of
the court making the appointment and is at all times subject to the
orders and decrees of the court, including possible removal. Nothing
contained in this section limits or restricts the jurisdiction of the
court to enter other or further orders and decrees as the court
considers necessary or appropriate for the exercise by the receiver of
functions specifically set forth.
(q) Subject to contractual limitations binding upon the holders or
a trustee of an issue of revenue bonds, including but not limited to
the restrictions of the exercise of a remedy to a specified proportion
or percentage of the holders, a holder or trustee of the bonds may, for
the equal benefit and protection of all holders of revenue bonds
similarly situated:
(1) by mandamus or other suit, action, or proceeding at law or
in equity enforce rights against the board and any of the board's
officers, agents, and employees and require and compel the
board or the board's officers, agents, or employees to perform
and carry out duties and obligations under this chapter and
covenant agreements with bondholders;
(2) by action or suit in equity require the board to account as if
the board were the trustee of an express trust;
(3) by action or suit in equity enjoin any acts or things that may
be unlawful or in violation of the rights of the bondholders; or
(4) bring suit upon the bonds.
No remedy conferred by this chapter upon a holder or trustee of
revenue bonds is intended to be exclusive of any other remedy, but
each remedy is in addition to every other remedy and may be
exercised without exhausting and without regard to any other remedy
conferred by this chapter or by any other law. No waiver of a default
or breach of duty or contract, whether by a holder or trustee of
revenue bonds extends to or affects a subsequent default or breach
of duty or contract or impairs any rights or remedies on them. No
delay or omission of a bondholder or trustee extends to or affects a
subsequent default or breach of duty or contract or impairs any rights
or remedies. No delay or omission of a bondholder or trustee to
exercise a right or power accruing upon default impairs the right or
power or may be construed to be a waiver of the default or
acquiescence in it. Every substantive right and every remedy
conferred upon the holders of revenue bonds may be enforced and
exercised from time to time and as often as is expedient. In case any
suit, action, or proceeding to enforce a right or exercise a remedy is
brought or taken and then discontinued or abandoned, or is
determined adversely to the holder or trustee of the revenue bonds,
then the board and the holder or trustee shall be restored to their
former positions and rights and remedies as if no suit, action, or
proceeding had been brought or taken.
(r) Refunding or refunding and improvement revenue bonds may
be issued in accordance with the provisions for the refinancing or
refinancing and improving of any of the facilities for which revenue
bonds or a loan contract have been issued or made under this section
or section 19 of this chapter.
(s) This section constitutes full authority for the issuance of
revenue bonds. No procedure, proceedings, publications, notices,
consents, approvals, orders, acts, or things by the board, by a board,
an officer, a commission, a department, an agency, or an
instrumentality of the state, or by an eligible entity is required to
issue revenue bonds or to do any act or perform anything under this
chapter, except as presented by this chapter. The powers conferred
by this chapter are in addition to, and not in substitution for, and the
limitations imposed by this section do not affect the powers
conferred in another section of this chapter or by any other statute.
As added by P.L.1-1991, SEC.81. Amended by P.L.254-1997(ss),
SEC.17.
IC 8-22-3-19
Temporary loans; loan contracts; requirements; tax exemption
Sec. 19. (a) Temporary loans may be made by the board in
anticipation of the collection of taxes of the authority actually levied
and in course of collection for the fiscal year in which the loans are
made. The loans must be authorized by ordinance and evidenced by
warrants in the form provided by the authorizing ordinance. The
warrants must state the total amount of the issue, the denomination
of the warrant, the time and place payable, the rate of interest, the
funds in anticipation of which they are issued and out of which they
are payable, and a reference to the ordinance authorizing them and
the date of its adoption. The ordinance authorizing temporary loans
must appropriate and pledge a sufficient amount of the current
revenue in anticipation of which they are issued and out of which
they are payable. The warrants evidencing the temporary loans must
be executed, sold, and delivered as are bonds of the authority.
(b) The board may negotiate terms and borrow money from any
source under a loan contract, subject to the following requirements:
(1) The loan contract must be approved by resolution of the
board.
(2) The loan contract must provide for the repayment of the
loan in not more than forty (40) years.
(3) The loan contract must state that the indebtedness is that of
the authority, is payable solely from revenues of the authority
that are derived from either airport operations or from revenue
bonds, and may not be paid by a tax levied on property located
within the district.
(4) The loan contract must be submitted to the department of
local government finance, which may approve, disapprove, or
reduce the amount of the proposed loan contract. The
department of local government finance must make a decision
on the loan contract within thirty (30) days after it is submitted
for review. The action taken by the department of local
government finance on the proposed loan contract is final.
(c) Any loan contract issued under this chapter is issued for
essential public and governmental purposes. A loan contract, the
interest on it, the proceeds received by a holder from the sale of a
loan contract to the extent of the holder's cost of acquisition,
proceeds received upon redemption before maturity, proceeds
received at maturity, and the receipt of the interest and proceeds are
exempt from taxation as provided in IC 6-8-5.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.6; P.L.101-1987, SEC.4; P.L.90-2002, SEC.329.
IC 8-22-3-20
Treasurer
Sec. 20. (a) The board shall appoint a person to act as treasurer of
the authority, who shall give bond in the sum and with conditions
that the board prescribes and with surety that the board approves.
The treasurer is appointed for a term of one (1) year unless sooner
removed for cause, but may be appointed for additional terms of one
(1) year. All money payable to the authority shall be paid to the
treasurer, who shall deposit it under IC 5-13-6. Money so deposited
may be invested in accordance with IC 5-13-9.
(b) The treasurer shall keep an accurate account of all
appropriations made and all taxes levied by the authority, of all
money owing or due the authority, and of all money received and
disbursed. He shall preserve all vouchers for payment and
disbursements made, in accordance with the statutes relative to the
preservation of public records. The treasurer shall issue all warrants
for the payment of money from the funds of the authority, but a
warrant may be issued for the payment of a claim only if the claim
has been allowed in accordance with the procedure prescribed by the
regulations of the board. All warrants must be countersigned by the
president or vice president.
(c) Payroll and similar warrants may be executed with facsimile
signatures.
(d) Whenever the treasurer is requested to issue a warrant, he may
require evidence that the amount claimed is justly due and in
conformity with law and for that purpose may summon before him
any officer, agent, or employee of the district, or other person, and
examine him under similar oath or affirmation, which oath or
affirmation the treasurer may administer.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.7; P.L.19-1987, SEC.26.
IC 8-22-3-21
Annual report of accounts
Sec. 21. The treasurer shall submit to the board annually, and
more often if required by the board, a report of the accounts
exhibiting the revenues, receipts, and disbursements and the sources
from which the revenues and funds are derived and in what manner
they have been disbursed.
IC 8-22-3-22
Audit of records; submission of records of account
Sec. 22. (a) The state board of accounts shall audit the records of
the authority and shall prescribe or approve all accounting forms and
records used by the authority.
(b) In addition, the treasurer shall, if required by the board, submit
his records of account as treasurer of the authority to a certified
public accountant or firm of certified public accountants, as selected
by the board, for audit. That person shall prepare and submit a
certified account of the records of account to the board exhibiting the
revenues, receipts, and disbursements and the sources from which the
revenues and funds are derived and in what manner they have been
disbursed.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.8.
IC 8-22-3-23
Budget
Sec. 23. (a) The board shall annually prepare a budget for the
purpose of operating and maintenance expenditures of the authority
and shall calculate the tax levy necessary to provide funds for the
operating expenditures necessary to carry out the powers, duties, and
functions of the authority. The budget must be prepared and
submitted:
(1) before or at the same time;
(2) in the same manner; and
(3) with notice;
as provided by the statutes relating to the preparation of budgets by
eligible entities. The budget is subject to the same review by the
county tax adjustment board and the department of local government
finance as exists under the general statutes relating to budgets of
eligible entities.
(b) If the eligible entity that established the authority is a county,
city, or town, the fiscal body of that entity may review and modify
the authority's operating and maintenance budget and the tax levy to
meet it, in the same manner as the budgets and tax levies of executive
departments of that entity are reviewed and modified. This power
includes the power to reduce any item of salary.
(c) Whenever a tax levy is required to finance the budget of an
authority that was established by a city or town, the fiscal body of the
county also may review the budget and tax levy of the authority,
unless the district:
(1) lies wholly within, or coincides with, the boundaries of a
city or town;
(2) is not the recipient of funds from a county-wide tax levy
made specifically for the operating and maintenance budget for
that authority; and
(3) was established by the fiscal body of the city or town, acting
independently.
However, the budget and tax levy of the authority are subject to
review or modification by the fiscal body of the city or town with
which it shares territory, in the same manner as the budgets and tax
levies of the executive departments of that city or town are reviewed
or modified.
(d) If an authority was established by another eligible entity or by
two (2) or more eligible entities acting jointly, its operating and
maintenance budget and the tax levy to meet it is subject to review
and modification by the same body that reviews and modifies the
budget of each of those entities in the same manner as the budgets
and tax levies of those entities, including reduction of any item of
salary.
(e) This subsection applies only to the airport authority
established by the city of Gary. The following provisions apply if the
board enters into a lease, management agreement, or other contract
under an application approved by the Federal Aviation
Administration under which the lessee or other operator agrees to
lease, manage, or operate all or substantially all of the airport and its
landing fields, air navigation facilities, and other buildings and
structures owned by the authority:
(1) The board shall, to the extent permitted by federal law or
any grant agreement, make distributions to the city of Gary
from the payments received under the lease, management
agreement, or other contract.
(2) The distributions to the city of Gary shall be made in
installments and on the dates determined by the fiscal body of
the city, and shall be paid to the fiscal officer of the city for
deposit in the city's general fund.
(3) Money distributed to the city of Gary under this subsection
may be used for any legal or corporate purpose of the city and
may not be used to reduce the city's maximum levy under
IC 6-1.1-18.5, but may be used at the discretion of the city fiscal
body to reduce the property tax levy of the city for a particular
year.
(f) The general assembly finds the following:
(1) The city of Gary faces:
(A) unique and distinct challenges due to high levels of
unemployment, the character and occupancy of real estate,
and the general economic conditions of the community; and
(B) unique and distinct opportunities related to
transportation and economic development;
that are different in scope and type than those faced by other
units of local government in Indiana.
(2) A unique approach is required to fully take advantage of the
economic development potential of the city of Gary, the
Gary/Chicago International Airport, and the Lake Michigan
shoreline.
(3) The powers and responsibilities provided to the airport
authority established by the city of Gary by subsection (e) and
the other provisions of this chapter are appropriate and
necessary to carry out the public purposes of encouraging
economic development and further facilitating the provision of
air transportation services and economic development projects
in the city of Gary.
(4) The exercise of the powers and responsibilities granted to
the airport authority established by the city of Gary by
subsection (e) and the other provisions of this chapter is critical
to economic development not only in the city of Gary, but
throughout northwest Indiana, and is a public purpose.
(5) Economic development benefits the health and welfare of
the people of Indiana, is a public use and purpose for which
public money may be spent, and is of public utility and benefit.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.107-1993,
SEC.2; P.L.90-2002, SEC.330; P.L.182-2009(ss), SEC.269.
IC 8-22-3-24
Assessment and collection of tax levy
Sec. 24. The tax levy as finally approved by the department of
local government finance must be assessed and collected by the
county treasurer of the county or counties within which the district
is located as other taxes are levied and collected. The county
treasurer shall remit all taxes so collected to the treasurer of the
authority.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.90-2002,
SEC.331.
IC 8-22-3-25
Cumulative building fund; levy and investment of tax; limitations
on spending for intrastate air transportation
Sec. 25. (a) Subject to subsection (c), the board may provide a
cumulative building fund in compliance with IC 6-1.1-41 to provide
for the acquisition of real property, and the construction, enlarging,
improving, remodeling, repairing, or equipping of buildings,
structures, runways, or other facilities for use in connection with the
airport needed to carry out this chapter and to facilitate and support
commercial intrastate air transportation.
(b) The board may levy in compliance with IC 6-1.1-41 a tax not
to exceed:
(1) thirty-three hundredths of one cent ($0.0033) on each one
hundred dollars ($100) of assessed value of taxable property
within the district, if an eligible entity other than a city
established the district or if the district was established jointly
with an eligible entity that is not a city;
(2) one and thirty-three hundredths cents ($0.0133) on each one
hundred dollars ($100) of assessed value of taxable property
within the district, if the authority was established under
IC 19-6-3 (before its repeal on April 1, 1980); and
(3) for any other district not described in subdivision (1) or (2),
the following:
IC 8-22-3-26
Board to act as board of finance
Sec. 26. The board shall act as a board of finance under IC 5-13.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.19-1987,
SEC.28.
IC 8-22-3-27
Officers' and employees' bonds
Sec. 27. The board may require a bond from any of the officers or
employees of the authority in an amount, upon terms and conditions,
and with surety that the board designates.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-3-28
Public necessity and benefit; tax exemption of leasehold interests
Sec. 28. (a) The acquisition, establishment, construction,
improvement, equipment, maintenance, control, and operation of
airports and landing fields for aircraft under this chapter is a
governmental function of general public necessity and benefit, and
is for the use and general welfare of all the people of Indiana, as well
as of the people residing in the district.
(b) Notwithstanding any other statute, the leasehold estate of any
lessee created pursuant to a lease by the board of its aviation related
property or facilities, together with any permanent structure erected
on the property by the lessee is exempt from property taxation.
(c) This subsection applies to property, facilities, or permanent
structures leased by the board of an airport authority established for
a county containing a consolidated city. Notwithstanding subsection
(a), any property, facilities, or permanent structures subject to a lease
entered into or renewed after July 1, 1995, is not entitled to a
property tax exemption if the property, facility, or structure is not
used for aviation related purposes.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.60-1988,
SEC.21; P.L.116-1995, SEC.7.
IC 8-22-3-29
Assistance to other entity or authority
Sec. 29. Whenever the fiscal body of an eligible entity determines
that the public interest of the entity will be served by assisting any
other entity or an authority in executing the powers granted by this
chapter, the former entity may furnish assistance by gift, or lease
with or without rental, of real property, by donation, lease with or
without rental, or loan, of personal property, and by the appropriation
of monies, which may be provided for by taxation or the issuance of
bonds in the same manner as funds might be provided for the same
purpose if the entity was exercising the powers granted in its own
behalf.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-3-30
Expenses before tax collection
Sec. 30. (a) All expenses incurred by the board that must be paid
prior to the collection of taxes levied under this chapter shall be met
and paid in the following manner. The board shall from time to time
certify the items of expense to the controller of the city,
clerk-treasurer of the town, or auditor of the county in which the
district is located, directing him to pay the amounts, and the fiscal
officer shall draw his warrant or warrants upon the treasurer of the
city, town, or county, as applicable, which warrant or warrants shall
be paid out of the general funds of the city, town, or county not
already appropriated, without special appropriations being made by
the fiscal body or approval by any other body.
(b) In case there are no unappropriated general funds of the city,
town, or county, the fiscal officer shall recommend to the fiscal body
the temporary transfer, from other funds of the city, town, or county,
of a sufficient amount to meet the items of expense or the making of
a temporary loan for the purpose. The fiscal body affected shall
immediately make the transfer of funds or authorize the temporary
loans in the same manner that other transfers and temporary loans are
made by the city, town, or county. The total amount to be advanced
may not exceed fifty thousand dollars ($50,000) and the fund or
funds of the city, town, county, or other entity from which the
advancement is made shall be fully reimbursed and repaid by the
authority out of the first proceeds of the special taxes levied under
this chapter. No part of the funds advanced may be used in the
acquisition of real property.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-3-31
Federal, public, or private grants of funds
Sec. 31. (a) The authority, acting by and through its board under
IC 8-21-8, may accept, receive, and receipt for federal, other public,
or private monies for the acquisition, construction, enlargement,
improvement, maintenance, equipment, or operation of airports,
other air navigation facilities, and sites for them, and comply with
federal laws made for the expenditure of federal monies upon
airports and other air navigation facilities.
(b) Subject to IC 8-21-8, the board has exclusive power to submit
to the proper state and federal agencies applications for grants of
funds for airport development and to make or execute
representations, assurances and contracts, to enter into covenants and
agreements with state or federal agency or agencies relative to the
development of an airport, and to comply with all federal and state
laws pertaining to the acquisition, development, operation, and
administration of airports and properties by the authority.
(c) This subsection applies only to the airport authority
established by the city of Gary. The authority may assign the powers
described in this section to a lessee or other operator with whom it
enters into a lease, management agreement, or other contract under
section 11(20) of this chapter if the board has determined that the
lessee or other operator has the expertise and experience to operate
the facilities of the authority in accordance with prudent airport
operating standards.
As added by Acts 1980, P.L.8, SEC.73. Amended by
P.L.182-2009(ss), SEC.270.
IC 8-22-3-32
Violations; offense
Sec. 32. A person who recklessly violates this chapter commits a
Class B misdemeanor.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-3-33
Transfer of powers and duties to airport authority
Sec. 33. (a) On the date of the organization and first meeting of
the board of an authority, all powers, rights, and obligations, airports
and landing fields, and administrative functions within the
jurisdiction of a duly constituted board of aviation commissioners
existing within the district of the authority are transferred to and
vested in the board of the authority. The board of aviation
commissioners is then dissolved and the terms of its members
terminated.
(b) All books, plans, records, maps, and all other personal
property of the dissolved board of aviation commissioners become
the property of the authority. The authority takes title to and
ownership of all accounts receivable and all contracts and other
assets of the aviation department of a city, town or county within the
district, including all monies held for use of the aviation department
whether appropriated or not. The authority is obligated for all debts
and other obligations of the aviation department, including the
obligation to pay the unpaid balance of the principal and interest of
any bonds of the city, town, or county, to the extent the monies of the
bonds were expended in the capital investment of an airport
transferred to the authority.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-3-34
Special police; powers
Sec. 34. (a) The special police authorized by this chapter possess
all the common law and statutory powers of the police of the entity
that established the authority by ordinance, including the power of
fresh pursuit upon adjoining streets and roads.
(b) An operator (as defined in IC 5-23-2-8) who enters into an
operating agreement with an authority under IC 5-23 may exercise
the special police powers granted by this section during the term of
the operating agreement. A person employed by an operator to
exercise special police powers under this subsection must have
training that is at least equivalent to the minimum training
requirements established for law enforcement officers under
IC 5-2-1.
(c) This section does not apply to an authority that was
established under IC 19-6-3 (before its repeal on April 1, 1980).
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990,
SEC.44; P.L.84-1996, SEC.1; P.L.49-1997, SEC.37.
IC 8-22-3-35
Sale of aviation land, buildings, or improvements
Sec. 35. In the event the board of an authority determines to sell
part or all of the aviation land, buildings, or improvements owned by
the authority, it may enact an ordinance authorizing the sale in
accordance with this chapter. The land, buildings, or improvements
must be sold as other land, buildings, or improvements of an eligible
entity are sold. This section does not apply to an authority that was
established under IC 19-6-2 or IC 19-6-3 (before their repeal on April
1, 1980).
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990,
SEC.45.