§ 8-22-2-7 — Breach of agreements; rules and regulations; taxation; reports of estimated appropriations; reserve or depreciation account

Indiana § 8-22-2-7

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

Text

(a) The board may, in the name of the eligible
entity, take action to recover damages for the breach of an agreement,
express or implied, relating to the operation, control, leasing,
management, or improvement of the property under its control, to
impose the penalties for the violation of ordinances of the entity or of
its rules or regulations, and for injury to the personal or real property
under its control, and to recover possession of any such property. All
rules and regulations that the board adopts under this chapter shall be
published in accordance with IC 5-3-1.
(b) In addition to other taxes of the eligible entity, a tax may be
levied annually by the fiscal body for aviation purposes, and the entity's
treasurer shall collect the taxes as other taxes are collected. When the
taxes are collected they shall be deposited in the treasury of the entity
in a separate fund known as the "aviation fund". Only one (1) tax levy
for aviation purposes may be imposed upon the assessed property in a
county, city, or town unless that unit approves by ordinance the levy of
more than one (1) tax for aviation purposes. The fiscal body of the
entity may appropriate and transfer to the aviation fund any sum or
sums out of the general funds of the entity, in accordance with statutes
providing for additional appropriations for the entities, and the fiscal
body may borrow money and issue bonds of the entity for aviation
purposes and shall turn the proceeds from the bonds into the aviation
fund of the entity.
(c) The board of aviation commissioners shall prepare and file with
the executive of the eligible entity annually, at the time the executive
designates, a full and detailed estimate of the appropriations required
during the ensuing year for the maintenance and operation of the
airports and landing fields showing the number of employees,
including manager and secretary, and the amount of salary and wages
recommended for each. Expenditures for the maintenance and
operation of the airports or landing fields are limited to the
appropriations of money made in advance by the fiscal body upon
furnished estimates. Purchases and expenditures shall be made and
allowable claims shall be paid by the board in the same manner as
provided for the allowance of other claims against the entity. The fiscal
body of the entity may appropriate a sufficient amount for the help,
supplies, and equipment necessary for the equipment and maintenance
of the airports or landing fields.
(d) The fiscal body of the entity may initially appropriate a sufficient
amount as a rotary fund to be used by the board for:
(1) the purchase of fuels and lubricants to be sold to the general
public in the operation of the airport; and
(2) paying the cost of personnel, supplies, and equipment
necessary for the operation and maintenance of the airport fueling
system.
(e) All funds received from the sale of fuels and lubricants
purchased with funds from a rotary fund shall be transferred at least
once a month to the treasurer of the entity to remain in the rotary fund
to be checked against by the board as other appropriations are
disbursed, for the sole purpose of:
(1) purchasing fuels and lubricants for sale to the public in the
operation of the airport; and
(2) paying the cost of personnel, supplies, and equipment
necessary for the operation and maintenance of the airport fueling
system.
(f) Notwithstanding subsection (e), the board, in its discretion, may
at any time transfer profits from the sale of fuels and lubricants to:
(1) the aviation fund; or
(2) the reserve or depreciation account created under subsection
(i).
At the end of each fiscal year, the board shall make a detailed statement
to the fiscal body showing the amount of money received and paid over
to the treasurer to the credit of the rotary fund and also showing the
amount of fuels and lubricants on hand.
(g) If at the end of a fiscal year:
(1) the accumulated rotary fund, not including any amounts
transferred under subsection (f); plus
(2) the value of inventory of fuels and lubricants on hand;
exceeds the total previous year's expenditure from the fund by
twenty-five percent (25%), the profits shall be transferred to the
aviation fund, or, in the board's discretion, to the reserve or
depreciation account created under subsection (i).
(h) The board may incur obligations or liability of any sort on behalf
of the entity only if it falls within the appropriation specifically made
for that purpose. All money remaining in the treasury to the credit of
the board at the end of the calendar year belongs to the general aviation
fund to be used by the board for aviation purposes. All funds received
by the board from whatever source, except funds received from the sale
of fuels and lubricants purchased by funds from the rotary fund, shall
be deposited in the treasury of the entity to the credit of the aviation
fund.
(i) The board may create a reserve or depreciation account for the
purpose of capital improvements or replacements out of operating
profits from the operation of the airport.
[Pre-Local Government Recodification Citation:
19-6-1-8.]
As added by Acts 1980, P.L.8, SEC.73. Amended by
P.L.81-1996, SEC.10; P.L.74-2018, SEC.1.