CHAPTER 3. LOCAL AIRPORT AUTHORITIES
IC 8-22-3
Chapter 3. Local Airport Authorities
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.
(c) In the event that an authority is established by a city or town
and a county, acting jointly, the board consists of six (6) members.
The executive of each entity shall appoint three (3) members. Not
more than two (2) members appointed by each executive may be of
the same political party.
(d) In the event that an authority was established under IC 19-6-3
(before its repeal on April 1, 1980) the board consists of five (5)
members. Three (3) members of the board shall be appointed by the
mayor of the city, and two (2) members of the board shall be
appointed by the board of commissioners of the county. Not more
than two (2) members representing the city may be members of the
same political party, and not more than one (1) member representing
the county may be a member of the same political party.
(e) Except as provided in section 4.1(b)(3) of this chapter, the
county executive of each Indiana county that is adjacent to a county
establishing an authority under this chapter and in which the
authority owns real property may appoint one (1) advisory member
to the board. An advisory member who is appointed under this
subsection:
(1) must be a resident of the adjacent county;
(2) may not vote on any matter before the board;
(3) serves at the pleasure of the appointing authority; and
(4) serves without compensation or payment for expenses.
(f) The board of an authority established in a city that has a
population of more than sixteen thousand six hundred (16,600) but
less than seventeen thousand four hundred (17,400) consists of five
(5) members. The members of the board shall be appointed by the
executive of the eligible entity, and not more than three (3) members
of the board may be of the same political party.
(g) This subsection does not apply to a board subject to subsection
(b), (c), (d), or (f). Notwithstanding subsection (a), the fiscal body of
an eligible entity may adopt an ordinance or a resolution providing
that the board consists of five (5) members. If the board consists of
five (5) members, not more than three (3) members may be of the
same political party.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.101-1985,
SEC.1; P.L.333-1989(ss), SEC.3; P.L.3-1990, SEC.37;
P.L.116-1995, SEC.3; P.L.111-2001, SEC.1; P.L.170-2002, SEC.69;
P.L.134-2005, SEC.4.
IC 8-22-3-4.1
Members of board for county having consolidated city
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.
(2) The board of commissioners 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 more than one hundred
thousand (100,000) but less than one hundred five thousand
(105,000).
(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 four (4) members appointed under subdivisions (1)
and (2) may be members of the same political party.
(c) At least one (1) member of the board appointed under
subsection (b)(1) 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)
must be a resident of a township:
(1) located in the county making the appointment; and
(2) having a population of more than twenty thousand (20,000)
but less than twenty-five thousand (25,000).
(e) The county executive of a county that is not otherwise
represented on the board and that is located not more than one
thousand two hundred (1,200) feet from a certified air carrier airport
that is owned or operated by the authority may appoint one (1)
advisory member to the board. An advisory member appointed under
this subsection:
(1) must be a resident of:
(A) the county making the appointment; and
(B) one (1) of the two (2) townships in the county located
nearest to the airport;
(2) may not vote on any matter before the board;
(3) serves at the pleasure of the appointing authority; and
(4) serves without compensation or payment for expenses.
(f) A member of the board holds office for four (4) years and until
the member's successor is appointed and qualified.
(g) 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.
(h) A board member may be reappointed to successive terms.
(i) A board member may be impeached under the procedure
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 8-22-3-4.2
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 8-22-3-5
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.
(5) Not serve as a member of any other agency, board,
commission, department, or other governmental entity that:
(A) is located within the jurisdiction of the authority; and
(B) has statutory fiscal or management review of the
authority's actions.
(b) This subsection does not apply to a county if the county
contains a consolidated city or a second class city. To be eligible to
be a member of the board, a person must:
(1) be at least eighteen (18) years of age;
(2) be a resident of the county in which the eligible entity is
located; and
(3) not be actively engaged or employed in commercial
aeronautics in a county that the board serves.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.129-1987,
SEC.2; P.L.5-1988, SEC.54; P.L.116-1995, SEC.5; P.L.134-2005,
SEC.6.
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.
(g) The board shall adopt a system of rules of procedure under
which its meetings are to be held. The board may suspend the rules
of procedure by unanimous vote of the members of the board who
are present at the meeting. The board may not suspend the rules of
procedure beyond the duration of the meeting at which the
suspension of rules occurs.
(h) The board may supervise its internal affairs as do local
legislative and administrative bodies.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990,
SEC.39; P.L.107-1993, SEC.1; P.L.137-2000, SEC.2.
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.
(16) To fix and determine exclusively the uses to which the
airport lands may be put. All uses must be necessary or
desirable to the airport or the aviation industry and must be
compatible with the uses of the surrounding lands as far as
practicable.
(17) To elect a secretary from its membership, or to employ a
secretary, an airport director, superintendents, managers, a
treasurer, engineers, surveyors, attorneys, clerks, guards,
mechanics, laborers, and all employees the board considers
expedient, and to prescribe and assign their respective duties
and authorities and to fix and regulate the compensation to be
paid to the persons employed by it in accordance with the
authority's appropriations. All employees shall be selected
irrespective of their political affiliations.
(18) To make all rules and regulations, consistent with laws
regarding air commerce, for the management and control of its
airports, landing fields, air navigation facilities, and other
property under its control.
(19) To acquire by lease the use of an airport or landing field
for aircraft pending the acquisition and improvement of an
airport or landing field.
(20) To manage and operate airports, landing fields, and other
air navigation facilities acquired or maintained by an authority;
to lease all or part of an airport, landing field, or any buildings
or other structures, and to fix, charge, and collect rentals, tolls,
fees, and charges to be paid for the use of the whole or a part of
the airports, landing fields, or other air navigation facilities by
aircraft landing there and for the servicing of the aircraft; to
construct public recreational facilities that will not interfere
with air operational facilities; to fix, charge, and collect fees for
public admissions and privileges; and to make contracts for the
operation and management of the airports, landing fields, and
other air navigation facilities; and to provide for the use,
management, and operation of the air navigation facilities
through lessees, its own employees, or otherwise. Contracts or
leases for the maintenance, operation, or use of the airport or
any part of it may be made for a term not exceeding fifteen (15)
years and may be extended for similar terms of years, except
that any parcels of the land of the airport may be leased for any
use connected with the operation and convenience of the airport
for an initial term not exceeding forty (40) years and may be
extended for a period not to exceed ten (10) years. If a person
whose character, experience, and financial responsibility have
been determined satisfactory by the board; offers to erect a
permanent structure that facilitates and is consistent with the
operation, use, and purpose of the airport on land belonging to
the airport, a lease may be entered into for a period not to
exceed ninety-nine (99) years. However, the board must pass an
ordinance to enter into such a lease, The board may not grant an
exclusive right for the use of a landing area under its
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.
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.
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 and IC 36-1-9.5 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.
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.
(d) The bonds issued under this chapter and the interest on them
are exempt from taxation for all purposes except the financial
institutions tax imposed under IC 6-5.5 or a state inheritance tax
imposed under IC 6-4.1.
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.4; P.L.21-1990, SEC.42; P.L.108-1993, SEC.1;
P.L.254-1997(ss), SEC.16.
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
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