CHAPTER 4. JOINT STATE AIRPORT AUTHORITIES
IC 8-22-4
Chapter 4. Joint State Airport Authorities
IC 8-22-4-1
Creation of authority; members
Sec. 1. (a) Governmental units in each of two (2) party states maycombine in the creation of an airport authority for the purpose ofjointly supporting and operating an airport terminal and all attachedproperties. The governmental units are not limited as to number,character, or size, except that the airport authority must be composedof an equal number of members from each party state, designated orappointed by the legislative body of the participating governmentalunit. The federal government may be represented by a nonvotingagent or representative if authorized by federal law.
(b) The airport authority is established when resolutions orordinances containing identical agreement provisions are dulyadopted by the legislative bodies of the governmental units to becombined into the airport authority. If passage is by resolution, itmay be joint or several, but the resolution or ordinance of thecombining governmental units must provide for the number ofmembers, the residence requirements of the members, the length ofterm of the members, and the appointment of an additional memberby the governor of each party state. If the member appointed by thegovernor is selected from the membership or staff of the aeronauticscommission of the state, there is no limitation as to place ofresidence, and the length of tenure of office is at the pleasure of thegovernor.
(c) The respective members of the airport authority, except anymember representing the federal government, are each entitled to one(1) vote. An action of the membership of the airport authority isofficial only if taken at a meeting in which a majority of the votingmembers from each party state are present and a majority of thosefrom each state concur. An action that does not comply with theserequirements may be ratified within thirty (30) days by theconcurrence of a majority of the members of each party state. In theabsence of a member, his vote may be cast by another representativeor member of his state if the representative casting the vote has awritten proxy in the proper form required by the airport authority.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-4-2
Powers and duties
Sec. 2. (a) The airport authority may sue and be sued, and shalladopt an official seal.
(b) The airport authority may appoint and remove or dischargepersonnel as may be necessary for the performance of the airport'sfunctions irrespective of the civil service, personnel, or other meritsystem laws of either of the party states.
(c) The airport authority shall elect annually, from itsmembership, a chairman, a vice chairman, and a treasurer. (d) The airport authority may establish and maintain or participatein programs of employee benefits as may be appropriate to affordemployees of the airport authority terms and conditions ofemployment similar to those enjoyed by the employees of each of theparty states.
(e) The airport authority may borrow, accept, or contract for theservices of personnel from a state, the United States, or a subdivisionor agency of either, from an interstate agency, or from any otherinstitution or person.
(f) The airport authority may accept for its purposes and functionsdonations and grants of money, equipment, supplies, materials, andservices, conditional or otherwise, from a state, the United States, ora subdivision or agency of either, from an interstate agency, or fromany other institution or person. The authority may receive, utilize anddispose of the property.
(g) The airport authority may establish and maintain facilities thatmay be necessary for the transaction of its business. The airportauthority may acquire, hold, and convey real and personal propertyand any interest in it, and may enter into contracts for improvementsupon real estate appurtenant to the airport, including farming,extracting minerals, subleasing, subdividing, promoting anddeveloping of real estate that aids and encourages the developmentand service of the airport. The airport authority may engagecontractors to provide airport services and shall carefully observe allappropriate federal or state regulations in the operation of the airfacility.
(h) The airport authority may adopt official rules and regulationsfor the conduct of its business and may amend or rescind them whennecessary.
(i) The airport authority shall annually make a report to thegovernor of each party state concerning the activities of the airportauthority for the preceding year, embodying in the reportrecommendations that have been adopted by the airport authority.The copies of the report shall be submitted to the legislature orgeneral assembly of each of the party states at any regular session. Acopy submitted to the general assembly must be in an electronicformat under IC 5-14-6. The airport authority may issue additionalreports that are necessary.
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.28-2004,SEC.74.
IC 8-22-4-3
Funding; revenue bonds; loans; budget; expenses and costs;records
Sec. 3. (a) A party state is not obligated to appropriate funds ofthe state for the development, support, and maintenance of the airportauthority. All revenue received from the air facility and the property,both real and personal, within the jurisdiction and control of theairport authority must be applied to the maintenance anddevelopment of the air facility. All limitations upon expenditures,
which may be an element of title to the real estate held by the airportauthority, must be observed.
(b) Revenue bonds to be retired exclusively from income receivedfrom the operation of the air facility may be issued by the airportauthority and in the name of the authority in accordance with thestatutes of the state in which the air facility is located that prescribethe terms and conditions for the issuance of revenue bonds by airportauthorities.
(c) The airport authority may secure loans from private financingand offer as collateral those assets, real, personal or mixed, inaccordance with the statutes of the state in which the airport islocated.
(d) Each year the airport authority shall prepare a budget of itsestimated expenditures for the fiscal year beginning on January 1 ofthe succeeding year and shall before July 2 submit a copy of thereport to the various combining governmental units. The estimatedexpenditures must be allocated and pro rated equally between thevarious combining governmental units and a statement of theallocated amount must be included in the copy of the budgetaryreport submitted to the combining governmental units. To providefunds to pay its share of the proposed expenditures, each combininggovernmental unit may annually levy a tax on property locatedwithin the governmental unit at a rate sufficient to raise funds to payits pro rated share of estimated expenditures. The tax shall be leviedand collected in the same manner as other property taxes are leviedand collected by the governmental unit and in accordance with thestatutes of the state in which the unit is located. The money raised bythe tax levy shall be appropriated and distributed to the airportauthority by the governmental unit. Funds so appropriated shall beused exclusively for the development and maintenance of the airfacility.
(e) The airport authority may meet any of its obligations, in wholeor in part, with funds made available to it under section 2 of thischapter. However, the airport authority must take specific action toset aside those funds before incurring an obligation to be met inwhole or in part in this manner.
(f) The expenses and other costs for each member of the airportauthority shall be met by the airport authority in accordance with thestandards and procedures that it establishes under its bylaws, rules,and regulations.
(g) The airport authority shall keep accurate records of all receiptsand disbursements. The receipts and disbursements of the airportauthority are subject to an annual audit and accounting proceduresestablished under its bylaws. All receipts and disbursements of fundshandled by the airport authority shall be audited by a qualified publicaccountant and the report of the audit shall be incorporated into andbecome a part of the annual report of the airport authority.
(h) The accounts of the airport authority shall be kept open toinspection by the general public at any reasonable times.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-4-4
Powers and functions
Sec. 4. The airport authority may:
(1) operate and conduct an airport;
(2) operate farming operations on real estate appurtenant to theairport;
(3) exercise the power of eminent domain in accordance withthe statutes of the state in which the airport is located;
(4) maintain, operate, and extend water and sewer systems onthe land appurtenant to the airport, and make and collectcharges for services;
(5) construct and lease industrial and aviation buildings on theland appurtenant to the airport;
(6) lease land owned by a combining governmental unit suitablefor an airport facility for a term of not less than ninety-nine (99)years;
(7) secure expert guidance on the development of an area airfacility so that the interests of the area are best served andimplement that development under the statutes of the partystates;
(8) establish and fix by ordinance a restricted zone for distancesin any direction from the boundaries of the airport facility thatis necessary and practicable, regulating the height of structuresto provide free air space for access by aircraft and for the safeuse of the airport, all in accordance with the statutes of the partystate in which the airport is located;
(9) accept, receive, and receipt for federal monies and othermonies, public or private, for the acquisition, construction,enlargement, improvement, maintenance, equipment, oroperation of airports, other air navigation facilities, and sites forthem;
(10) buy and sell machinery for aviation purposes; andnegotiate and contract for personal services, materials andsupplies; whenever personal property is to be purchased or sold,there must be due notice and competitive bidding as required bythe statutes of the state in which the airport is located; and
(11) perform all functions and do all acts that are necessary tothe total development of a commercial and industrial airfacility, in accordance with the laws of the party states.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-4-5
Effectiveness of authority
Sec. 5. The authority to combine into an airport authority becomeseffective at the time when reciprocal authorizing legislation isenacted by a party state authorizing governmental units in that stateto combine with governmental units in Indiana in an airportauthority.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-4-6
Effect of chapter
Sec. 6. This chapter does not affect IC 8-22-5.
As added by Acts 1980, P.L.8, SEC.73.
IC 8-22-4-7
Approval by other states
Sec. 7. Before commencement of proceedings for the acquisitionand establishment of airports, landing fields, or other air navigationfacilities, approval of the acquisition or establishment of the airports,landing fields or other air navigation facilities must be secured andgranted by the respective aeronautics commissions of the partystates.
As added by Acts 1980, P.L.8, SEC.73.