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 eligibleentities, acting individually or jointly, adopts an ordinance or aresolution in favor of the establishment of an airport authority underthis chapter, there is established an airport authority. The authorityhas jurisdiction over a district with boundaries coterminous with thejurisdictional boundaries of the entity or entities adopting theordinance or resolution. The authority must have a name includingthe 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 airportauthority is established in a county having a population of more thanthree hundred thousand (300,000) but less than four hundredthousand (400,000).
(b) For the purposes of this chapter, an authority established underthis section shall be treated as if it had been established by anordinance of the fiscal body of the county. However, section 2 of thischapter 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 anauthority may be made by petition of the registered voters of thedistrict. The petition must be in writing, must bear the signature,date, and address of residence of the remonstrator, and must be filedin the office of the circuit court clerk of the county containing thegreatest percentage of population of the district not later than thirty(30) days following the adoption of the ordinance. If at least thenumber of the registered voters of the district required underIC 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 tothe county election board of each county in which the district islocated. The question of the establishment of an authority shall besubmitted to the voters of the district at the next primary or generalelection at which the question can be placed on the ballot underIC 3-10-9-3. The question shall be placed on the ballot in the formprescribed by IC 3-10-9-4 and must state: "Shall the airport authoritybe established?". (b) Upon certification by the clerk that a remonstrance was notfiled by the required number of registered voters and in the time andmanner provided, or that the question was submitted to the votersand received the affirmative vote of a majority of those voting uponthe question, the authority is established effective as of the nextJanuary 1 or July 1 following the certification, whichever date isearlier. The certification by the clerk shall be submitted to the fiscalbody of each entity adopting the ordinance or resolution undersection 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 andlegislative 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, actingindividually, establishes an authority. The members of the boardshall be appointed by the executive of the entity, and not more thantwo (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) townact jointly to establish an authority under this chapter, the boardconsists of five (5) members. The executive of each city or townshall each appoint two (2) members to the board. The countyexecutive shall appoint one (1) member to the board. Each memberappointed by an executive must be of a different political party thanthe other appointed member.
(c) In the event that an authority is established by a city or townand a county, acting jointly, the board consists of six (6) members.The executive of each entity shall appoint three (3) members. Notmore than two (2) members appointed by each executive may be ofthe 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 themayor of the city, and two (2) members of the board shall beappointed by the board of commissioners of the county. Not morethan two (2) members representing the city may be members of thesame political party, and not more than one (1) member representingthe county may be a member of the same political party.
(e) Except as provided in section 4.1(b)(3) of this chapter, thecounty executive of each Indiana county that is adjacent to a countyestablishing an authority under this chapter and in which the
authority owns real property may appoint one (1) advisory memberto the board. An advisory member who is appointed under thissubsection:
(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 apopulation of more than sixteen thousand six hundred (16,600) butless than seventeen thousand four hundred (17,400) consists of five(5) members. The members of the board shall be appointed by theexecutive of the eligible entity, and not more than three (3) membersof 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 ofan eligible entity may adopt an ordinance or a resolution providingthat the board consists of five (5) members. If the board consists offive (5) members, not more than three (3) members may be of thesame 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 airportauthority 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 mustbe a resident of the county having the consolidated city.
(2) The board of commissioners of the county having theconsolidated city shall appoint one (1) member. The memberappointed under this subdivision must be a resident of thecounty having the consolidated city.
(3) The county executive of each Indiana county that fulfills allof the following requirements shall each appoint one (1)member:
(A) The county is adjacent to the county having theconsolidated city.
(B) The county has a population of more than one hundredthousand (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 boardunder this subdivision may not appoint an advisory memberunder 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 undersubsection (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 otherwiserepresented on the board and that is located not more than onethousand two hundred (1,200) feet from a certified air carrier airportthat is owned or operated by the authority may appoint one (1)advisory member to the board. An advisory member appointed underthis 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 locatednearest 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 untilthe member's successor is appointed and qualified.
(g) If a vacancy occurs in the board, the authority that appointedthe member that vacated the board shall appoint an individual toserve 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 procedureprovided for the impeachment of county officers.
(j) A board member appointed under subsection (b)(3) may notvote on a matter before the board relating to imposing, increasing, ordecreasing 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 section1.1 of this chapter, the board consists of six (6) members. Three (3)members of the board shall be appointed by the board ofcommissioners of the county, and three (3) members of the boardshall be appointed by the mayor of the second class city. Not morethan two (2) members appointed by the board of commissioners ofthe county may be members of the same political party and not morethan two (2) members appointed by the mayor of the second classcity 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 airportauthority 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 inwhich the airport is located. Not more than two (2) membersappointed under this subdivision may be members of the samepolitical party.
(2) One (1) member appointed by the executive of the county inwhich 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 isclosest 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 untilthe member's successor is appointed and qualified.
(d) If a vacancy occurs in the board, the authority that appointedthe member that vacated the board shall appoint an individual toserve 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 procedureprovided 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 aconsolidated city or at least one (1) second class city. To be eligibleto be a member of the board, a person must have the followingqualifications:
(1) Be at least eighteen (18) years old.
(2) Except as provided in section 4.1 of this chapter, be aresident of the county in which the eligible entity is located.
(3) Not be actively engaged or employed in commercialaeronautics.
(4) Not hold any other governmental office (by appointment orelection) that has statutory fiscal or management review of theboard'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 theauthority's actions. (b) This subsection does not apply to a county if the countycontains a consolidated city or a second class city. To be eligible tobe 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 islocated; and
(3) not be actively engaged or employed in commercialaeronautics 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 aspossible after the adoption of an ordinance establishing an authorityunder this chapter. The term of each member starts at noon on theday the authority is established, at which time the board membersshall 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 aninitial term of three (3) years and one (1) for an initial term offour (4) years.
(4) If a fifth appointment is required, one (1) for an initial termof four (4) years.
(5) If a sixth appointment is necessary, one (1) for an initialterm of four (4) years.
At the expiration of the respective terms, a member or members shallbe appointed to fill the vacancies caused by the expiration. Themembers so appointed hold office for a term of four (4) years anduntil their successors are appointed and qualified. If the authoritywas 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 ofcounty commissioners shall appoint a member or members to fill thevacancies caused by the expiration. The members so appointed holdoffice for a term of three (3) years and until their successors areappointed 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 successiveterms.
(e) A board member may be impeached under the procedureprovided 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 boardmembers; terms; vacancies; reappointment; impeachment
Sec. 6.1. (a) Notwithstanding section 6 of this chapter, the boardmembers of an authority established under section 1.1 of this chaptershall be appointed on or before June 15, 1985. The term of eachmember starts at noon on the day the authority is established, atwhich 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 aninitial term of two (2) years, and two (2) members for an initial termof three (3) years. At the expiration of the respective terms, amember or members shall be appointed to fill the vacancies causedby the expiration. The members so appointed shall hold office for aterm of four (4) years and until their successors are appointed andqualified.
(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 successiveterms.
(e) A board member may be impeached under the procedureprovided 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 wasestablished under IC 19-6-3 (before its repeal on April 1, 1980).
(b) As used in this section, "cooperative agreement" means anagreement entered into by the authority and an eligible county undersubsection (d).
(c) As used in this section, "eligible county" means a county thatis contiguous to the county in which the authority has jurisdiction.
(d) The authority and an eligible county may enter into acooperative agreement concerning the operations, functions, projects,activities, funding, or capital expenditures of the authority under thischapter 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) ormore 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 jointundertaking under the cooperative agreement.
(5) Establishing and maintaining a budget for a jointundertaking under the cooperative agreement.
(6) The partial or complete termination of the cooperativeagreement.
(7) Any other matters the authority and the eligible countydetermine are necessary or desirable. (f) A cooperative agreement may provide for the following:
(1) A trial period, not to exceed three (3) years, during whichthe eligible county:
(A) may cooperate in an advisory capacity; and
(B) may not be required to participate in financing activitiesunder the cooperative agreement.
(2) The establishment of a separately appointed board toadminister the cooperative agreement following the conclusionof 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 thecooperative agreement.
(h) A cooperative agreement entered into under this section is notsubject to IC 36-1-7.
(i) The general assembly finds the following:
(1) The authority and all eligible counties face unique anddistinct challenges and opportunities related to transportationand economic development that are different in scope and typefrom those faced by other units of local government in Indianadue to:
(A) the status of the authority and the eligible counties inrelationship to the southwest extension of InterstateHighway 69;
(B) the distance of the authority and the eligible countiesfrom other major centers of commerce, industry, andeconomic activity in the state; and
(C) the relative inaccessibility of southwest Indiana tomarkets.
(2) A unique approach is required to fully take advantage of theeconomic development potential of the authority and an eligiblecounty.
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 appointiveoffice or employment for the authority. A member of the board maynot become personally interested in any contract with or claimagainst 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), themembers of the board shall serve without compensation, but shall bepaid their actual expenses for travel conducted in the interest of theboard.
(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-fivedollars ($35) for each whole or part day a member is engaged inboard activities. The members of the board shall also be paid theiractual expenses under subsection (a).
(c) If the authority is established by more than one (1) entity, thefiscal bodies of the entities, acting jointly, may provide a per diemfor the members of the board in an amount that does not exceedthirty-five dollars ($35) for each whole or part day a member isengaged in board activities. The members of the board shall also bepaid 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; internalaffairs
Sec. 9. (a) The board shall elect, at its first regular meeting to beconducted on the first July 1 or January 1 after appointment of theboard members, and annually thereafter, one (1) of its memberspresident, and another of its members vice president, who performsthe duties of the president during the absence of or disability of thepresident. The board shall keep a suitable office at the airport whereits 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 heldnot less than at monthly intervals throughout the year.
(c) The board shall convene in a special meeting when one iscalled. The president or a majority of the members of the board maycall a special meeting. The board shall establish by rule a procedurefor calling special meetings.
(d) Regular or special meetings shall be held at the office of theboard or at another public place in any county where the board ownsor operates an airport. The board may adjourn any regular or specialmeeting to a specific day designated at the time of adjournment, andthat meeting is a continuation of the meeting so adjourned. Thissubsection does not apply to an authority that was established underIC 19-6-3 (before its repeal on April 1, 1980).
(e) A majority of the members of the board constitutes a quorumfor a meeting. The board may act officially by an affirmative vote ofa majority of those present at the meeting at which the action istaken.
(f) The board shall keep a written record of its proceedings, whichshall be available for public inspection in the office of the board. Theboard shall record the aye and nay tally of the vote for eachordinance or resolution.
(g) The board shall adopt a system of rules of procedure underwhich its meetings are to be held. The board may suspend the rulesof procedure by unanimous vote of the members of the board whoare present at the meeting. The board may not suspend the rules ofprocedure beyond the duration of the meeting at which the
suspension of rules occurs.
(h) The board may supervise its internal affairs as do locallegislative 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 aproposed ordinance at a meeting of the board. A person whointroduces a draft shall provide at the time of introduction a writtencopy of the draft. The board shall assign to each draft adistinguishing number and the date when introduced.
(b) Not more than seven (7) days after the introduction of a draftof an ordinance nor less than seven (7) days before the final passageof a draft of an ordinance, the board shall publish a notice that theproposed ordinance is pending final action by the board. The noticeshall be published in each county within the jurisdiction of the boardin accordance with IC 5-3-1. Notice of an ordinance establishing abudget must be in accordance with IC 6-1.1-17.
(c) The board shall include in the notice reference to the subjectmatter of the proposed ordinance and the time and place a hearingwill be had and shall indicate that the proposed ordinance is availablefor public inspection at the office of the board. The board mayinclude in one (1) notice a reference to the subject matter of eachdraft that is pending and for which notice has not already been given.
(d) An ordinance is not invalid because the reference to thesubject matter of the draft was inadequate if it was sufficient toadvise the public of the general subject matter of the proposedordinance.
(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 forpublic inspection.
(f) At a meeting for which notice has been given as required bythis section, the board may take final action on the proposedordinance or may postpone final consideration of it to a designatedmeeting in the future without giving additional notice.
(g) Before adopting an ordinance, the board must give anopportunity to persons present at the meeting to give testimony,evidence, or argument for or against the proposed ordinance inperson or by counsel, under reasonable rules as to the number ofpersons who may be heard and time limits that the board adopts.
(h) When an ordinance is adopted, the board shall also designatethe effective date of the ordinance. If the board fails to designate theeffective date of the ordinance in the record of the proceedings of theboard, the ordinance takes effect on the fourteenth day after itspassage.
(i) When the board adopts an ordinance, the board shall havecopies 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 distributethem without charge, or may charge the cost of printing anddistribution.
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 reasonablyincident to carrying out the purposes of this chapter, including thefollowing:
(1) As a municipal corporation, to sue and be sued in its ownname.
(2) To have all the powers and duties conferred by statute uponboards of aviation commissioners. The board supersedes allboards of aviation commissioners within the district. The boardhas 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 accordancewith this chapter.
(A) The board may not levy taxes on property in excess ofthe following rate schedule, except as provided in sections17 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 wasestablished under IC 19-6-2 or IC 19-6-3 (before their repealon April 1, 1980).
(C) The board of an authority that was established underIC 19-6-3 (before its repeal on April 1, 1980) may levy taxeson property not in excess of six and sixty-seven hundredthscents ($0.0667) on each one hundred dollars ($100) ofassessed valuation.
(5) To incur indebtedness in the name of the authority inaccordance 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 itfor use or in connection with or for administrative purposes ofthe airport; to receive gifts, donations, bequests, and publictrusts and to agree to conditions and terms accompanying themand to bind the authority to carry them out; to receive and
administer federal or state aid; and to erect buildings orstructures that may be needed to administer and carry out thischapter.
(8) To determine matters of policy regarding internalorganization and operating procedures not specifically providedfor otherwise.
(9) To adopt a schedule of reasonable charges and to collectthem from all users of facilities and services within the district.
(10) To purchase supplies, materials, and equipment to carryout the duties and functions of the board in accordance withprocedures adopted by the board.
(11) To employ personnel that are necessary to carry out theduties, functions, and powers of the board.
(12) To establish an employee pension plan. The board may,upon due investigation, authorize and begin a fair andreasonable pension or retirement plan and program forpersonnel, the cost to be borne by either the authority or by theemployee or by both, as the board determines. If the authoritywas established under IC 19-6-2 (before its repeal on April 1,1980), the entire cost must be borne by the authority, andordinances creating the plan or making changes in it must beapproved by the mayor of the city. The plan may beadministered and funded by a trust fund or by insurancepurchased from an insurance company licensed to do businessin Indiana or by a combination of them. The board may alsoinclude in the plan provisions for life insurance, disabilityinsurance, or both.
(13) To sell surplus real or personal property in accordance withlaw. If the board negotiates an agreement to sell trees situatedin woods or forest areas owned by the board, the trees areconsidered to be personal property of the board for severance orsale.
(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 thedistrict; to acquire by lease (with or without the option topurchase) airports, landing fields, or navigation facilities, andany structures, equipment, or related improvements; and toerect, install, construct, and maintain at the airport or airportsfacilities for the servicing of aircraft and for the comfort andaccommodation of air travelers and the public. The Indianadepartment of transportation must grant its approval before landmay be purchased for the establishment of an airport or landingfield and before an airport or landing field may be established.
(16) To fix and determine exclusively the uses to which theairport lands may be put. All uses must be necessary ordesirable to the airport or the aviation industry and must becompatible with the uses of the surrounding lands as far aspracticable. (17) To elect a secretary from its membership, or to employ asecretary, an airport director, superintendents, managers, atreasurer, engineers, surveyors, attorneys, clerks, guards,mechanics, laborers, and all employees the board considersexpedient, and to prescribe and assign their respective dutiesand authorities and to fix and regulate the compensation to bepaid to the persons employed by it in accordance with theauthority's appropriations. All employees shall be selectedirrespective of their political affiliations.
(18) To make all rules and regulations, consistent with lawsregarding air commerce, for the management and control of itsairports, landing fields, air navigation facilities, and otherproperty under its control.
(19) To acquire by lease the use of an airport or landing fieldfor aircraft pending the acquisition and improvement of anairport or landing field.
(20) To manage and operate airports, landing fields, and otherair navigation facilities acquired or maintained by an authority;to lease all or part of an airport, landing field, or any buildingsor 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 ofthe airports, landing fields, or other air navigation facilities byaircraft landing there and for the servicing of the aircraft; toconstruct public recreational facilities that will not interferewith air operational facilities; to fix, charge, and collect fees forpublic admissions and privileges; and to make contracts for theoperation and management of the airports, landing fields, andother air navigation facilities; and to provide for the use,management, and operation of the air navigation facilitiesthrough lessees, its own employees, or otherwise. Contracts orleases for the maintenance, operation, or use of the airport orany part of it may be made for a term not exceeding fifteen (15)years and may be extended for similar terms of years, exceptthat any parcels of the land of the airport may be leased for anyuse connected with the operation and convenience of the airportfor an initial term not exceeding forty (40) years and may beextended for a period not to exceed ten (10) years. If a personwhose character, experience, and financial responsibility havebeen determined satisfactory by the board; offers to erect apermanent structure that facilitates and is consistent with theoperation, use, and purpose of the airport on land belonging tothe airport, a lease may be entered into for a period not toexceed ninety-nine (99) years. However, the board must pass anordinance to enter into such a lease, The board may not grant anexclusive right for the use of a landing area under itsjurisdiction. However, this does not prevent the making ofleases in accordance with other provisions of this chapter. Allcontracts, and leases, are subject to restrictions and conditionsthat the board prescribes. The authority may lease its propertyand facilities for any commercial or industrial use it considers
necessary and proper, including the use of providing airportmotel facilities. For the airport authority established by the cityof Gary, the board may approve a lease, managementagreement, or other contract:
(A) with a person:
(i) who is selected by the board using the procedures underIC 36-1-9.5; and
(ii) whose character, experience, and financialresponsibility have been determined satisfactory by theboard; 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 itslanding fields, air navigation facilities, and other buildingsand structures for a period not to exceed ninety-nine (99)years. However, the board must pass an ordinance to enterinto such a lease, management agreement, or other contract.All contracts, leases, and management agreements aresubject to restrictions and conditions that the boardprescribes. The authority may lease its property and facilitiesfor any commercial or industrial use it considers necessaryand proper, including the use of providing airport motelfacilities. A lease, management agreement, or other contractentered into under this section or any other provision of thischapter may be entered into without complying with IC 5-23.
(21) To sell machinery, equipment, or material that is notrequired for aviation purposes. The proceeds shall be depositedwith the treasurer of the authority.
(22) To negotiate and execute contracts for sale or purchase,lease, personal services, materials, supplies, equipment, or anyother transaction or business relative to an airport under theboard's control and operation. However, whenever the boarddetermines to sell part or all of aviation lands, buildings, orimprovements owned by the authority, the sale must be inaccordance with law.
(23) To vacate all or parts of roads, highways, streets, or alleys,whether inside or outside the district, in the manner provided bystatute.
(24) To annex lands to itself if the lands are owned by theauthority 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 otherright-of-way to be laid out or opened across an airport or insuch proximity as to affect the safe operation of the airport.
(26) To construct drainage and sanitary sewers withconnections and outlets as are necessary for the proper drainageand maintenance of an airport or landing field acquired ormaintained under this chapter, including the necessary buildingsand improvements and for the public use of them in the samemanner that the authority may construct sewers and drains.
However, with respect to the construction of drains and sanitarysewers beyond the boundaries of the airport or landing field, theboard shall proceed in the same manner as private owners ofproperty and may institute proceedings and negotiate with thedepartments, bodies, and officers of an eligible entity to securethe proper orders and approvals; and to order a public utility orpublic service corporation or other person to remove or toinstall in underground conduits wires, cables, and power linespassing through or over the airport or landing field or along theborders or within a reasonable distance that may be determinedto be necessary for the safety of operations, upon payment tothe utility or other person of due compensation for the expenseof the removal or reinstallation. The board must consent beforeany franchise may be granted by state or local authorities for theconstruction of or maintenance of railway, telephone, telegraph,electric power, pipe, or conduit line upon, over, or through landunder the control of the board or within a reasonable distanceof land that is necessary for the safety of operation. The boardmust also consent before overhead electric power lines carryinga voltage of more than four thousand four hundred (4,400) voltsand having poles, standards, or supports over thirty (30) feet inheight within one-half (1/2) mile of a landing area acquired ormaintained under this chapter may be installed.
(27) To contract with any other state agency or instrumentalityor any political subdivision for the rendition of services, therental or use of equipment or facilities, or the joint purchase anduse of equipment or facilities that are necessary for theoperation, maintenance, or construction of an airport operatedunder this chapter.
(28) To provide air transportation in furtherance of the dutiesand responsibilities of the board.
(29) To promote or encourage aviation-related trade orcommerce 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 authorityestablished for a county having a consolidated city.
(b) The legislative body of the consolidated city and the governingbody of the airport authority may adopt substantially similarordinances providing that the fire department of the airport authorityis consolidated into the fire department of the consolidated city, andthat the fire department of the consolidated city shall provide fireprotection services for the airport authority. If ordinances are adoptedunder this section, the consolidation shall take effect on the date
agreed to by the legislative body of the consolidated city and thegoverning body of the airport authority in the ordinances.
(c) The legislative body of the consolidated city and the governingbody of the airport authority may adopt substantially similarordinances providing that the law enforcement services of the airportauthority are consolidated into the consolidated law enforcementdepartment of the consolidated city, and that the law enforcementdepartment of the consolidated city shall provide law enforcementservices for the airport authority. If ordinances are adopted under thissection, the consolidation shall take effect on the date agreed to bythe legislative body of the consolidated city and the governing bodyof 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, otherthan those for professional services and those for the acquisition ofland, 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 thebreach of an agreement, express or implied, relating to the operation,control, leasing, management, or improvement of the property underits control, to impose the penalties for the violation of ordinances orof its rules or regulations, and for injury to the personal or realproperty under its control, and to recover possession of any suchproperty. All rules and regulations that the board adopts under thischapter 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; zoningjurisdiction
Sec. 14. (a) In order to provide free air space for the safe descentand ascent of aircraft and for the proper and safe use of an airport orlanding field acquired or maintained under this chapter, the boardmay establish by ordinance or ordinances a restricted zone or zonesof a distance in any direction from the boundaries of the airport orlanding field so that no building or other structure is erected highenough to interfere with the descent of an aircraft at an approachangle necessary for safety for the usual type of operation that isconducted at the airport or landing field. If the authority wasestablished under IC 19-6-3 (before its repeal on April 1, 1980), thisaction 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 thepayment 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 thatinterfere with the gliding angle or as much of any structure or treesthat interfere with the gliding angles. When a restricted zone or zoneshas been established, a permit issued by a department or office of aneligible entity or by any state or other authority for the erection ofany structure extending into such zone or zones is effective only ifapproved by the board. Establishment of a restricted zone or zonesoutside of an airport or landing field, in connection with thecondemnation of the rights in the land, constitutes condemnation andthe perpetual annihilation of all rights of the owners of the propertywithin the zone or zones to erect or maintain any building orstructure that will interfere with the gliding angle. This result may beaccomplished by absolute condemnation of the land, with perpetualand irrevocable free license to use and occupy the land within thezone for all purposes except the erection of buildings or otherstructures above the height so prescribed.
(c) The part of a restricted zone that extends below fifty (50) feetmeasured vertically from the land may be established only bypurchase or proceedings in eminent domain. That part of a restrictedzone that is fifty (50) or more feet above the surface of the land is ineffect immediately upon the adoption of a zoning ordinance.However, the owners of land beneath a restricted zone have the rightto recover damages that may be proven in an action brought for thatpurpose. In an action for damages the owner has the burden ofproving damage by reason of the establishment of the restricted zone.
(d) The zoning jurisdiction granted in this section is exclusiveagainst jurisdiction granted by any other statute unless the otherstatute specifically provides otherwise. In case of conflict with anyairport 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 mustbe reasonable and may not impose a requirement or restriction thatis 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 expectedto be conducted at the airport, the nature of the terrain within theairport hazard area, the character of the neighborhood, and the usesto which the property to be zoned is put and adaptable. However, thissection does not apply to the location, relocation, erection,construction, change, alteration, maintenance, removal, use, orenlargement of any buildings or structures on lands owned by apublic 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 thischapter;
(2) may award damages to landowners for real estate andproperty rights appropriated; and
(3) if the board cannot agree with the owners, lessees, oroccupants of real estate selected by the board for the purposesin this chapter, may procure the condemnation of the property.
The board may proceed under IC 32-24-1. IC 32-24-1 applies toairports, landing fields, and restricted zones adjoining them to theextent that it is not inconsistent with this chapter.
(b) If the land on and across which it is necessary to establish andfix a restricted zone is already in use for another public purpose orhas been condemned or appropriated for a use authorized by statute,and is being used for that purpose by the corporation soappropriating it, the public use or prior condemnation does not barthe right of the board to condemn the use of ground for aviationpurposes. Use by the board does not permanently prevent the use ofthe land for the prior public use or by the corporation condemning orappropriating it.
(c) In a proceeding prosecuted by the board to condemn the useof land for purposes permitted by this chapter, the burden is upon theboard to show that its use will not permanently or seriously interferewith the continued public use of the land or by the corporationcondemning it, or its successors. However, in the proceeding theboard may require the removal or the burying beneath the surface ofthe ground of wires, cables, power lines, or other structures within arestricted zone established under this chapter.
(d) The board may not take or disturb property or facilitiesbelonging to a public utility or common carrier engaged in interstatecommerce if the property or facilities are required for the proper andconvenient operation of the utility or carrier, unless provision ismade for the restoration, relocation, or duplication of the property orfacilities 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 theauthority for the purpose of procuring funds to pay the cost ofacquiring real property, or constructing, enlarging, improving,remodeling, repairing, or equipping buildings, structures, runways,or other facilities, for use as or in connection with or foradministrative purposes of the airport. The issuance of the bondsmust be authorized by ordinance of the board providing for theamount, terms, and tenor of the bonds and for the time and characterof notice and the mode of making sale. If one (1) airport is owned bythe authority, an ordinance authorizing the issuance of bonds for a
separate second airport is subject to approval as provided in thissection. The bonds bear interest and are payable at the times andplaces that the board determines but running not more thantwenty-five (25) years after the date of their issuance, and they mustbe executed in the name of the authority by the president of the boardand attested by the secretary who shall affix to each of the bonds theofficial seal of the authority. The interest coupons attached to thebonds may be executed by placing on them the facsimile signature ofthe president of the board.
(b) The issuance of general obligation bonds must be approved byresolution of the following body:
(1) When the authority is established by an eligible entity, by itsfiscal body.
(2) When the authority is established by two (2) or moreeligible entities acting jointly, by the fiscal body of each ofthose entities.
(3) When the authority was established under IC 19-6-2 (beforeits repeal), by the mayor of the consolidated city, and if asecond airport is to be funded, also by the city-county council.
(4) When the authority was established under IC 19-6-3 (beforeits repeal), by the county council.
(c) The airport director shall manage and supervise thepreparation, advertisement, and sale of the bonds, subject to theauthorizing ordinance. Before the sale of the bonds, the airportdirector shall cause notice of the sale to be published once each weekfor two (2) consecutive weeks in two (2) newspapers of generalcirculation published in the district, setting out the time and placewhere bids will be received, the amount and maturity dates of theissue, the maximum interest rate, and the terms and conditions of saleand delivery of the bonds. The bonds shall be sold to the highestbidder, in accordance with the procedures for selling public bonds.After the bonds have been properly sold and executed, the airportdirector shall deliver them to the treasurer of the authority and takea receipt for them, and shall certify to the treasurer the amount whichthe purchaser is to pay for them, together with the name and addressof the purchaser. On payment of the purchase price, the treasurershall deliver the bonds to the purchaser, and the treasurer and airportdirector 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 andgiving notice of them;
(2) the giving of notice of determination to issue bonds;
(3) the giving of notice of hearing on the appropriation of theproceeds of bonds and the right of taxpayers to appeal and beheard on the proposed appropriation;
(4) the approval of the appropriation by the department of localgovernment finance;
(5) the right of:
(A) taxpayers and voters to remonstrate against the issuanceof 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 aproposed 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 ofgeneral obligation bonds.
(e) Bonds issued under this chapter are not a corporate obligationor indebtedness of any eligible entity but are an indebtedness of theauthority as a municipal corporation. An action to question thevalidity of the bonds issued or to prevent their issue must beinstituted not later than the date set for sale of the bonds, and all ofthe 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 bondsissued under section 16 of this chapter and any interest on them, theprincipal of and interest on any outstanding bonds or obligationspayable from taxes and assumed under section 33 of this chapter, andleases entered into under IC 8-22-3.6 that are payable in whole or inpart from a property tax levy, the board shall levy each year a specialtax upon all of the property, both real and personal, located withinthe district in a manner and in an amount to meet and pay theprincipal of the bonds as they severally mature, together with allinterest accruing on them, and to pay lease rentals as they becomedue, after taking into account all other revenues pledged to thepayment of the bonds or lease rentals.
(b) The board shall file the tax levied each year with the countyauditor of the county in which the district is located underIC 6-1.1-17.
(c) The tax levied shall be collected and enforced by the treasurerof the county under IC 6-1.1, and as the tax is collected by thetreasurer of the county it shall be paid over to the treasurer of theauthority. The treasurer shall accumulate and keep the tax in aseparate fund to be known as the "airport authority bond fund",which shall be applied to the payment of the bonds and the intereston them as they severally mature and to the payment of lease rentalsand to no other purposes.
(d) The bonds issued under this chapter and the interest on themare exempt from taxation for all purposes except the financialinstitutions tax imposed under IC 6-5.5 or a state inheritance taximposed 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
&nb