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 may
combine in the creation of an airport authority for the purpose of
jointly supporting and operating an airport terminal and all attached
properties. The governmental units are not limited as to number,
character, or size, except that the airport authority must be composed
of an equal number of members from each party state, designated or
appointed by the legislative body of the participating governmental
unit. The federal government may be represented by a nonvoting
agent or representative if authorized by federal law.
(b) The airport authority is established when resolutions or
ordinances containing identical agreement provisions are duly
adopted by the legislative bodies of the governmental units to be
combined into the airport authority. If passage is by resolution, it
may be joint or several, but the resolution or ordinance of the
combining governmental units must provide for the number of
members, the residence requirements of the members, the length of
term of the members, and the appointment of an additional member
by the governor of each party state. If the member appointed by the
governor is selected from the membership or staff of the aeronautics
commission of the state, there is no limitation as to place of
residence, and the length of tenure of office is at the pleasure of the
governor.
(c) The respective members of the airport authority, except any
member representing the federal government, are each entitled to one
(1) vote. An action of the membership of the airport authority is
official only if taken at a meeting in which a majority of the voting
members from each party state are present and a majority of those
from each state concur. An action that does not comply with these
requirements may be ratified within thirty (30) days by the
concurrence of a majority of the members of each party state. In the
absence of a member, his vote may be cast by another representative
or member of his state if the representative casting the vote has a
written 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 shall
adopt an official seal.
(b) The airport authority may appoint and remove or discharge
personnel as may be necessary for the performance of the airport's
functions irrespective of the civil service, personnel, or other merit
system laws of either of the party states.
(c) The airport authority shall elect annually, from its
membership, a chairman, a vice chairman, and a treasurer.
(d) The airport authority may establish and maintain or participate
in programs of employee benefits as may be appropriate to afford
employees of the airport authority terms and conditions of
employment similar to those enjoyed by the employees of each of the
party states.
(e) The airport authority may borrow, accept, or contract for the
services of personnel from a state, the United States, or a subdivision
or agency of either, from an interstate agency, or from any other
institution or person.
(f) The airport authority may accept for its purposes and functions
donations and grants of money, equipment, supplies, materials, and
services, conditional or otherwise, from a state, the United States, or
a subdivision or agency of either, from an interstate agency, or from
any other institution or person. The authority may receive, utilize and
dispose of the property.
(g) The airport authority may establish and maintain facilities that
may be necessary for the transaction of its business. The airport
authority may acquire, hold, and convey real and personal property
and any interest in it, and may enter into contracts for improvements
upon real estate appurtenant to the airport, including farming,
extracting minerals, subleasing, subdividing, promoting and
developing of real estate that aids and encourages the development
and service of the airport. The airport authority may engage
contractors to provide airport services and shall carefully observe all
appropriate federal or state regulations in the operation of the air
facility.
(h) The airport authority may adopt official rules and regulations
for the conduct of its business and may amend or rescind them when
necessary.
(i) The airport authority shall annually make a report to the
governor of each party state concerning the activities of the airport
authority for the preceding year, embodying in the report
recommendations that have been adopted by the airport authority.
The copies of the report shall be submitted to the legislature or
general assembly of each of the party states at any regular session. A
copy submitted to the general assembly must be in an electronic
format under IC 5-14-6. The airport authority may issue additional
reports 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 of
the state for the development, support, and maintenance of the airport
authority. All revenue received from the air facility and the property,
both real and personal, within the jurisdiction and control of the
airport authority must be applied to the maintenance and
development of the air facility. All limitations upon expenditures,
which may be an element of title to the real estate held by the airport
authority, must be observed.
(b) Revenue bonds to be retired exclusively from income received
from the operation of the air facility may be issued by the airport
authority and in the name of the authority in accordance with the
statutes of the state in which the air facility is located that prescribe
the terms and conditions for the issuance of revenue bonds by airport
authorities.
(c) The airport authority may secure loans from private financing
and offer as collateral those assets, real, personal or mixed, in
accordance with the statutes of the state in which the airport is
located.
(d) Each year the airport authority shall prepare a budget of its
estimated expenditures for the fiscal year beginning on January 1 of
the succeeding year and shall before July 2 submit a copy of the
report to the various combining governmental units. The estimated
expenditures must be allocated and pro rated equally between the
various combining governmental units and a statement of the
allocated amount must be included in the copy of the budgetary
report submitted to the combining governmental units. To provide
funds to pay its share of the proposed expenditures, each combining
governmental unit may annually levy a tax on property located
within the governmental unit at a rate sufficient to raise funds to pay
its pro rated share of estimated expenditures. The tax shall be levied
and collected in the same manner as other property taxes are levied
and collected by the governmental unit and in accordance with the
statutes of the state in which the unit is located. The money raised by
the tax levy shall be appropriated and distributed to the airport
authority by the governmental unit. Funds so appropriated shall be
used exclusively for the development and maintenance of the air
facility.
(e) The airport authority may meet any of its obligations, in whole
or in part, with funds made available to it under section 2 of this
chapter. However, the airport authority must take specific action to
set aside those funds before incurring an obligation to be met in
whole or in part in this manner.
(f) The expenses and other costs for each member of the airport
authority shall be met by the airport authority in accordance with the
standards and procedures that it establishes under its bylaws, rules,
and regulations.
(g) The airport authority shall keep accurate records of all receipts
and disbursements. The receipts and disbursements of the airport
authority are subject to an annual audit and accounting procedures
established under its bylaws. All receipts and disbursements of funds
handled by the airport authority shall be audited by a qualified public
accountant and the report of the audit shall be incorporated into and
become a part of the annual report of the airport authority.
(h) The accounts of the airport authority shall be kept open to
inspection 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 the
airport;
(3) exercise the power of eminent domain in accordance with
the statutes of the state in which the airport is located;
(4) maintain, operate, and extend water and sewer systems on
the land appurtenant to the airport, and make and collect
charges for services;
(5) construct and lease industrial and aviation buildings on the
land appurtenant to the airport;
(6) lease land owned by a combining governmental unit suitable
for an airport facility for a term of not less than ninety-nine (99)
years;
(7) secure expert guidance on the development of an area air
facility so that the interests of the area are best served and
implement that development under the statutes of the party
states;
(8) establish and fix by ordinance a restricted zone for distances
in any direction from the boundaries of the airport facility that
is necessary and practicable, regulating the height of structures
to provide free air space for access by aircraft and for the safe
use of the airport, all in accordance with the statutes of the party
state in which the airport is located;
(9) accept, receive, and receipt for federal monies and other
monies, public or private, for the acquisition, construction,
enlargement, improvement, maintenance, equipment, or
operation of airports, other air navigation facilities, and sites for
them;
(10) buy and sell machinery for aviation purposes; and
negotiate and contract for personal services, materials and
supplies; whenever personal property is to be purchased or sold,
there must be due notice and competitive bidding as required by
the statutes of the state in which the airport is located; and
(11) perform all functions and do all acts that are necessary to
the total development of a commercial and industrial air
facility, 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 becomes
effective at the time when reciprocal authorizing legislation is
enacted by a party state authorizing governmental units in that state
to combine with governmental units in Indiana in an airport
authority.
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 acquisition
and establishment of airports, landing fields, or other air navigation
facilities, approval of the acquisition or establishment of the airports,
landing fields or other air navigation facilities must be secured and
granted by the respective aeronautics commissions of the party
states.
As added by Acts 1980, P.L.8, SEC.73.