(a) The board may adopt and use a seal.
Applications, assurances, contracts, and other instruments necessary in
the board's performance of its duties and the exercise of its powers may
be executed in its name or in the name of the eligible entity, as the case
may be, by the president or vice president of the board and attested by
its secretary or assistant secretary. However, the board may by
resolution prescribe another method of execution.
(b) The board, on behalf of the eligible entity, exclusively has the
following powers:
(1) To acquire, establish, construct, improve, equip, maintain,
control, lease, and regulate municipal airports and landing fields
and other air navigation facilities, for the use of airplanes and
other aircraft, either inside or outside the corporate limits of the
entity, subject to statutory limitations; to acquire by lease (with or
without the option to purchase) airports, landing fields, air
navigation facilities, and any other structures, equipment, and
related improvements; and to erect, install, construct and maintain
at those airports facilities for the servicing of aircraft and for the
comfort and accommodation of air travelers and the public; and
the fiscal body of the entity may by ordinance provide that any
land suitable for these purposes that is owned by the entity shall
be put under the control of the board of aviation commissioners
for aviation and public purposes. However, if at the time of the
creation, appointment, and qualification of the board in an entity,
the entity owns or controls an airport, landing field, or other air
navigation facilities, then the exclusive control, management, and
authority over the airport, landing field, or other air navigation
facilities shall at once be transferred to the board without the
adoption of an ordinance; and the department, board, officer, or
officers of the entity, or other persons having possession or
control, shall at once turn over and deliver to the board all
personal property, records, books, plans, maps, and other papers
and documents relating to the aviation business of the entity. The
unexpended balance of any fund or funds appropriated by the
entity for aviation purposes becomes a part of the aviation fund of
the department of aviation. Before land may be purchased by an
entity for the establishment of an airport or landing field or an
airport or landing field may be established by an entity the action
or acquisition of land must be granted by the aeronautics
commission of Indiana.
(2) To elect a secretary from its membership or to employ a
secretary, and to employ superintendents, managers, engineers,
surveyors, attorneys, clerks, guards, mechanics, laborers, and all
employees the board considers expedient, and to prescribe and
assign their respective duties and authorities and to fix and
regulate their compensation, in accordance with the
appropriations made by the fiscal body of the entity. All
employees shall be selected irrespective of their political
affiliations.
(3) To make rules and regulations, consistent with law, for the
management and control of its airports, landing fields, air
navigation facilities, and other property under its control. The
board may require a special detail of police or hire guards to
execute the orders and enforce the rules and regulations.
(4) To acquire by lease the use of an airport or landing field for
aircraft pending the acquisition and improvement of an airport or
landing field. However, a lease must be approved by ordinance or
resolution of the fiscal body of the entity before it takes effect.
(5) To manage and operate all airports, landing fields, and other
air navigation facilities acquired or maintained by the entity; and
to lease all or part of an airport, landing field, or any buildings or
other structures to fix, charge, and collect rentals, tolls, fees, and
charges to be paid for the use of the whole or a part of the
airports, landing fields, or other air navigation facilities by aircraft
landing there and for the servicing of the aircraft; to construct
public recreational facilities that will not interfere with air
operational facilities; to fix, charge, and collect fees for public
admissions and privileges; to make contracts for the operation and
management of the airports, landing fields, and other air
navigation facilities; and to provide for the use, management, and
operation of the air navigation facilities through lessees, through
its own employees, or otherwise. Contracts or leases for the
maintenance, operation, or use of the airport or any part of it may
be made for a term not exceeding fifteen (15) years, and may be
extended for similar terms of years, except that any parcels of the
land of the airport may be leased for any use connected with the
operation and convenience of the airport for an initial term not
exceeding forty (40) years, and may be extended for a period not
to exceed ten (10) years. If a person whose character, experience,
and financial responsibility has been determined satisfactory by
the board offers to erect a permanent structure that facilitates and
is consistent with the operation, use, and purpose of the airport,
on land belonging to the airport. A lease may be entered into for
a period not to exceed ninety-nine (99) years. However, the fiscal
body must pass an ordinance authorizing the board to enter into
such a lease. The board may not grant an exclusive right for the
use of a landing area under its jurisdiction. However, this does not
prevent the making of leases in accordance with other provisions
of this chapter. All contracts and leases are subject to restrictions
and conditions that the board prescribes.
(6) To sell machinery, equipment, or material under the control of
the board belonging to the eligible entity that is not required for
aviation purposes. The proceeds shall be deposited with the
entity's treasurer or controller to the credit of the department of
aviation.
(7) To negotiate and execute contracts of sale or purchase, lease,
personal services, materials, supplies, equipment, or any other
transaction or business relative to an airport under the board's
control. However, whenever the board determines to sell part or
all of aviation lands or improvements owned by the eligible entity,
the sale must be in accordance with section 8 of this chapter.
(8) To vacate all or parts of roads, highways, streets, or alleys in
land under control of the board in the manner provided by statute.
(9) To approve, together with the fiscal body of the entity, any
state, county, city, or other highway, road, street, or other public
way, railroad, power line, or other right of way that may be laid
out or opened across an airport or in such proximity as to affect
the safe operation of the airport.
(10) To construct drainage and sanitary sewers with connections
and outlets as are necessary for the proper drainage and
maintenance of an airport or landing field acquired or maintained
under this chapter, including the necessary buildings and
improvements and for the public use of them, in the same manner
that the eligible entity may construct sewers and drains. However,
with respect to the construction of drains and sanitary sewers
beyond the boundaries of the airport or landing field, the board
shall proceed in the same manner as private owners of property
and may institute proceedings and negotiate with the departments,
bodies, and officers of the entity to secure the proper orders and
approvals.
(11) To order a public utility or public service corporation or
other person to remove or to install in underground conduits,
wires, cables, and power lines passing through or over the airport
or landing field or along the borders or within a reasonable
distance that may be determined to be necessary for the safety of
operations of the airport or landing field, upon payment to the
utility or other person due compensation for the expense of the
removal or reinstallation. The board must consent to any franchise
granted by state or local authorities for the construction or
maintenance of any railway, telephone, telegraph, electric power,
pipe, or conduit line upon, over, or through land under the control
of the board or within a reasonable distance of land that is
necessary for the safety of operation. The board must also consent
to the installation of overhead electric power lines carrying a
voltage of over forty-four hundred (4,400) volts and having poles,
standards, or supports over thirty (30) feet in height within
one-half (1/2) mile of a landing area acquired or maintained under
this chapter.
(12) To contract with any other state agency or instrumentality or
any political subdivision for the rendition of services, the rental
or use of equipment or facilities, or the joint purchase and use of
equipment or facilities that are necessary for the operation,
maintenance, or construction of an airport operated under this
chapter.
[Pre-Local Government Recodification Citation:
19-6-1-6.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981,
P.L.57, SEC.28; P.L.130-1987, SEC.1; P.L.29-1999, SEC.1.