§ 8-21-9-12 — Jurisdiction; powers and duties

Indiana § 8-21-9-12

• Jurisdiction: Indiana
• Art. 21: AERONAUTICS
• Ch. 9: Jurisdiction Over Certain Airport Facilities

Text

(a) The department has jurisdiction only over
two (2) major new continental or intercontinental airport facilities
designed and constructed to serve a part of Indiana or adjacent states.
(b) The department may designate the location and character of all
airport facilities which the department may hold, own, or over which
it is authorized to act and to regulate all matters related to the location
and character of the airport facilities.
(c) The department may designate the location and establish, limit,
and control points of ingress to and egress from any airport property.
(d) The department may lease to others for development or
operation the parts of any airport or airport facility on terms and
conditions as the department considers necessary.
(e) The department may make directly, or through hiring of expert
consultants, investigations, and surveys of whatever nature, including,
but not limited to, studies of business conditions, freight rates, airport
services, physical surveys of the conditions of structures, and the
necessity for additional airports or for additional airport facilities for
the development and improvement of commerce and for the more
expeditious handling of commerce, and to make studies, surveys, and
estimates as are necessary for the execution of its powers under this
chapter.
(f) The department may make and enter into all contracts,
undertakings, and agreements necessary or incidental to the
performance of its duties and the execution of its powers under this
chapter. When the cost of any such contract for construction, or for the
purchase of equipment, materials or supplies, involves an expenditure
of more than five thousand dollars ($5,000), the department shall make
a written contract with the lowest and best bidder after advertisement
for not less than two (2) consecutive weeks in a newspaper of general
circulation in Marion County, Indiana, and in such other publications
as the department shall determine. Such notice shall state the general
character of the materials to be furnished, the place where plans and
specifications therefor may be examined, and the time and place of
receiving bids. Each bid shall contain the full name of every person or
company interested in it and shall be accompanied by a sufficient bond
or certified check on a solvent bank that if the bid is accepted a
contract will be entered into and the performance of its proposal
secured. The department may reject any and all bids. A bond with good
and sufficient surety, as shall be approved by the department, shall be
required of all contractors in an amount equal to at least fifty percent
(50%) of the contract price conditioned upon the faithful performance
of the contract.
(g) The department may fix and revise periodically and charge and
collect equitable rates, fees, rentals, or other charges for the use of any
airport facility or airport facilities under its control, which rates, fees,
rentals, or other charges shall be in amounts reasonably related to the
cost of providing and maintaining the particular airport facility or
airport facilities for which these rates, fees, rentals, and other charges
are established.
(h) The department may make application for, receive, and accept
from any federal agency, grants for or in aid of the planning,
construction, operating, or financing of any airport facility, and to
receive and accept contributions from any source of either money,
property, labor, or other things of value, to be held, used and applied
for the purposes for which made, in each case on such terms and
conditions as the department considers necessary or desirable. The
department may enter into and carry out contracts and agreements in
connection with this subsection.
(i) The department may appear in its own behalf before boards,
commissions, departments, or other agencies of the federal government
or of any state or international conference and before committees of the
Congress of the United States and the general assembly of Indiana in
all matters relating to the designs, establishment, construction,
extension, operations, improvements, repair, or maintenance of any
airport or airport facility operated and maintained by the department
under this chapter, and to appear before any federal or state agencies
in matters relating to air rates, airport services and charges,
differentials, discriminations, labor relations, trade practices, and all
other matters affecting the physical development of and the business
interest of the department and those it serves.
(j) The department may contract for the services of consulting
engineers, architects, attorneys, accountants, construction and financial
experts, and such other individuals as are necessary in its judgment.
However, the employment of an attorney shall be subject to such
approval of the attorney general as may be required by law.
(k) The department may do all things necessary and proper to
promote and increase commerce within its territorial jurisdiction,
including cooperation with civic, technical, professional, and business
organizations and associations, the office of tourism development
(before July 1, 2020), the Indiana destination development corporation
(after June 30, 2020), and the Indiana economic development
corporation.
(l) The department may establish and maintain a traffic bureau for
the purpose of advising the department as to the airport's competitive
economic position with other airports.
(m) The department may contract for the use of any license, process,
or device, whether patented or not, which the department finds is
necessary for the operation of any airport facility, and may permit the
use thereof by any lessee on such terms and conditions as the
department may determine. The cost of such license, process, or device
may be included as part of the cost of the airport facility.
(n) The department may issue airport revenue bonds and airport
revenue funding bonds.
(o) The department may do all acts and things necessary or proper
to carry out the powers expressly granted in this chapter.
Formerly: Acts 1971, P.L.105, SEC.2; Acts 1973, P.L.73,
SEC.1; Acts 1975, P.L.34, SEC.8. As amended by Acts 1980, P.L.74,
SEC.343; Acts 1981, P.L.41, SEC.60; P.L.4-2005, SEC.116;
P.L.229-2005, SEC.7; P.L.78-2019, SEC.11.