§ 8-22-2-18 — Buildings and facilities; construction or improvements; income and revenues; bonds; surplus

Indiana § 8-22-2-18

• Jurisdiction: Indiana
• Art. 22: AIRPORTS
• Ch. 2: Local Boards of Aviation Commissioners

Text

(a) Subject to the approval of the fiscal body
of the eligible entity, the board may contract with any person for
construction, extensions, additions, or improvements of an aircraft
hangar or revenue producing building or facility located or to be
located on the airport of the entity, the cost of which is to be paid in the
manner authorized by this section.
(b) A contract made under this section must be authorized by
ordinance providing that the principal and interest of bonds issued for
the payment of the cost of the construction, extensions, additions, or
improvements shall be paid exclusively from the revenues and receipts
of the aircraft hangars or revenue producing buildings or facilities,
unless otherwise provided by this section.
(c) The fiscal body must, by ordinance, set aside the income and
revenues of the buildings or facilities into a separate fund, to be used
in the maintenance and operation and in payment of the cost of the
construction, extensions, additions, or improvements. The ordinance
must fix:
(1) the proportion of the revenues of the buildings or facilities that
is necessary for the reasonable and proper operation and
maintenance of them; and
(2) the proportion of the revenues that are to be set aside and
applied to the payment of the principal and interest of bonds.
The ordinance may provide for the proportion of the revenues that are
to be set aside as an adequate depreciation account.
(d) Whenever the board determines that there exists a surplus in
funds derived from the net operating receipts of a municipal airport,
then the board may recommend to the fiscal body that a designated
amount of the surplus fund be appropriated by special or general
appropriation to the "aviation revenue bond account" for the relief of
principal or interest of bonds issued under this section. However, this
surplus in funds may not include monies raised by taxation.
(e) The fiscal body may issue and sell bonds to provide for the
payment of costs of the following:
(1) Airport capital improvements, including the acquisition of real
property.
(2) Construction or improvement of revenue producing buildings
or facilities owned and operated by the eligible entity.
(3) Payment of any loan contract.
The fiscal body may issue and sell bonds bearing interest, payable
annually or semiannually, executed in the manner and payable at the
times not exceeding forty (40) years from the date of issue and at the
places as the fiscal body of the entity determines, which bonds are
payable only out of the "aviation revenue bond account" fund. The
bonds have in the hands of bona fide holders all the qualities of
negotiable instruments under law.
(f) In case any of the officers whose signatures or countersignatures
appear on the bonds or the coupons ceases to be the officer before the
delivery of the bonds to the purchaser, the signature or
countersignatures are nevertheless valid and sufficient for all purposes,
the same as if he had remained in office until the delivery of the bonds.
The bonds and their interest issued against an "aviation revenue bond
account" fund and the fixed proportion or amount of the revenues
pledged to the fund does not constitute an indebtedness of the entity
under the Constitution of the State of Indiana.
(g) Each bond must state plainly upon its face that it is payable only
from the special fund, naming the fund and the ordinance creating it,
and that it does not constitute an indebtedness of the entity under the
Constitution of the State of Indiana. The bonds may be issued either as
registered bonds or as bonds payable to bearer. Coupons and bearer
bonds may be registered as to principal in the holder's name on the
books of the entity, the registration being noted on the bond by the
clerk or other designated officer, after which no transfer is valid unless
made on the books of the entity by the registered holder and similarly
noted on the bonds. Bonds so registered as to principal may be
discharged from the registration by being transferred to bearer, after
which it is transferable by delivery but may be registered again as to
principal. The registration of the bonds as to the principal does not
restrain the negotiability of the coupon by delivery, but the coupons
may be surrendered and the interest made payable only to the registered
holder of the bonds. If the coupons are surrendered, the surrender and
cancellation of them shall be noted on the bond and then interest on the
bond is payable to the registered holder or order in cash or at his option
by check or draft payable at the place or one (1) of the places where the
coupons are payable.
(h) The bonds shall be sold in a manner and upon terms that the
fiscal body considers in the best interest of the entity.
(i) All bonds issued by an eligible entity under this section are
exempt from taxation for all purposes, except that the interest is subject
to the adjusted gross income tax.
(j) In fixing the proportion of the revenues of the building or facility
required for operation and maintenance, the fiscal body shall consider
the cost of operation and maintenance of the building or facility and
may not set aside into the special fund a greater amount or proportion
of the revenues and proceeds than are required for the operation and
maintenance. The sums set aside for operation and maintenance shall
be used exclusively for that purpose, until the accumulation of a
surplus results.
(k) The proportion set aside to the depreciation fund, if a
depreciation account or fund is provided for under this section, shall be
expended in remedying depreciation in the building or facility or in
new construction, extensions, additions, or improvements to the
property. Accumulations of the depreciation fund may be invested, and
the income from the investment goes into the depreciation fund. The
fund, and the proceeds of it, may not be used for any other purpose.
(l) The fixed proportion that is set aside for the payment of the
principal and interest of the bonds shall, from month to month, as it is
accrued and received, be set apart and paid into a special account in the
treasury of the eligible entity, to be identified "aviation revenue bond
account," the title of the account to be specified by ordinance. In fixing
the amount or proportion to be set aside for the payment of the
principal and interest of the bonds, the fiscal body may provide that the
amount to be set aside and paid into the aviation revenue bond account
for any year or years may not exceed a fixed sum, which sum must be
at least sufficient to provide for the payment of the interest and
principal of the bonds maturing and becoming payable in each year,
together with a surplus or margin of ten percent (10%).
(m) If a surplus is accumulated in the operating and maintenance
fund that is equal to the cost of maintaining and operating the building
or facility for the twelve (12) following calendar months, the excess
over the surplus may be transferred by the fiscal body to either the
depreciation account to be used for improvements, extensions, or
additions to property or to the aviation revenue bond account fund, as
the fiscal body designates.
(n) If a surplus is created in the aviation revenue bond account in
excess of the interest and principal of bonds, plus ten percent (10%),
becoming payable during the calendar, operating, or fiscal year then
current, together with the amount of interest or principal of bonds
becoming due and payable during the next calendar, operating, or fiscal
year, the fiscal body may transfer the excess over the surplus to either
the operating and maintenance account, or to the depreciation account,
as the fiscal body designates.
(o) All money received from bonds issued under this section shall
be applied solely for the purposes listed in subsection (e). There is
created a statutory mortgage lien upon buildings or facilities for which
bonds are issued in favor of the holders of the bonds and of the
coupons of the bonds. The buildings or facilities so constructed,
extended, or improved remain subject to the statutory mortgage lien
until payment in full of the principal and interest of the bonds.
(p) A holder of the bonds or of the attached coupons may enforce
the statutory mortgage lien conferred by this section, and may enforce
performance of all duties required by this section of the eligible entity
issuing the bond or of any officer of the entity, including:
(1) the making and collecting of reasonable and sufficient rates or
rentals for the use or lease of the buildings or facilities, or part of
them established for the rent, lease, or use of the buildings or
facilities;
(2) the segregation of the revenues from the buildings or facilities;
and
(3) the application of the respective funds created by this section.
(q) If there is a default in the payment of the principal or interest of
any of the bonds, a court having jurisdiction of the action may appoint
an administrator or receiver to administer, manage, or operate the
buildings or facilities on behalf of the entity, and the bondholders, with
power to:
(1) charge and collect rates or rentals for the use or lease of the
buildings or facilities sufficient to provide for the payment of the
operating expenses;
(2) pay any bonds or obligations outstanding against the buildings
or facilities; and
(3) apply the income and revenues thereof in accord with this
section and the ordinance.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-6-6-2; subsection (b) formerly 19-6-6-3; subsection
(c) formerly 19-6-6-4 part; subsection (d) formerly 19-6-6-4 part;
subsection (e) formerly 19-6-6-5 part; subsection (f) formerly
19-6-6-5 part; subsection (g) formerly 19-6-6-5 part; subsection (h)
formerly 19-6-6-5 part; subsection (i) formerly 19-6-6-5 part;
subsection (j) formerly 19-6-6-6; subsection (k) formerly 19-6-6-7;
subsection (l) formerly 19-6-6-8; subsection (m) formerly 19-6-6-9;
subsection (n) formerly 19-6-6-10; subsection (o) formerly
19-6-6-11 part; subsection (p) formerly 19-6-6-11 part; subsection
(q) formerly 19-6-6-11 part.]
As added by Acts 1980, P.L.8, SEC.73. Amended by
P.L.77-1990, SEC.1; P.L.192-2002(ss), SEC.146.