(a) The board may do all acts necessary or
reasonably incident to carrying out the purposes of this chapter,
including the following:
(1) As a municipal corporation, to sue and be sued in its own
name.
(2) To have all the powers and duties conferred by statute upon
boards of aviation commissioners. The board supersedes all
boards of aviation commissioners within the district. The board
has exclusive jurisdiction within the district.
(3) To protect all property owned or managed by the board.
(4) To adopt an annual budget and levy taxes in accordance with
this chapter.
(A) The board may not levy taxes on property in excess of the
tax rate specified in subsection (b), except as provided in
sections 17 and 25 of this chapter.
(B) Clause (A) and subsection (b) do not apply to an authority
that was established under IC 19-6-2 or IC 19-6-3 (before their
repeal on April 1, 1980).
(C) The board of an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980) may levy taxes on
property not in excess of six and sixty-seven hundredths cents
($0.0667) on each one hundred dollars ($100) of assessed
valuation.
(5) To incur indebtedness in the name of the authority in
accordance with this chapter.
(6) To adopt administrative procedures, rules, and regulations.
(7) To acquire property, real, personal, or mixed, by deed,
purchase, lease, condemnation, or otherwise and dispose of it for
use or in connection with or for administrative purposes of the
airport; to receive gifts, donations, bequests, and public trusts and
to agree to conditions and terms accompanying them and to bind
the authority to carry them out; to receive and administer federal
or state aid; and to erect buildings or structures that may be
needed to administer and carry out this chapter.
(8) To determine matters of policy regarding internal organization
and operating procedures not specifically provided for otherwise.
(9) To adopt a schedule of reasonable charges and to collect them
from all users of facilities and services within the district.
(10) To purchase supplies, materials, and equipment to carry out
the duties and functions of the board in accordance with
procedures adopted by the board.
(11) To employ personnel that are necessary to carry out the
duties, functions, and powers of the board.
(12) To establish an employee pension plan. The board may, upon
due investigation, authorize and begin a fair and reasonable
pension or retirement plan and program for personnel, the cost to
be borne by either the authority or by the employee or by both, as
the board determines. If the authority was established under IC 19-6-2 (before its repeal on April 1, 1980), the entire cost must be
borne by the authority, and ordinances creating the plan or
making changes in it must be approved by the mayor of the city.
The plan may be administered and funded by a trust fund or by
insurance purchased from an insurance company licensed to do
business in Indiana or by a combination of them. The board may
also include in the plan provisions for life insurance, disability
insurance, or both.
(13) To sell surplus real or personal property in accordance with
law. If the board negotiates an agreement to sell trees situated in
woods or forest areas owned by the board, the trees are considered
to be personal property of the board for severance or sale.
(14) To adopt and use a seal.
(15) To acquire, establish, construct, improve, equip, maintain,
control, lease, and regulate municipal airports, landing fields, and
other air navigation facilities, either inside or outside the district;
to acquire by lease (with or without the option to purchase)
airports, landing fields, or navigation facilities, and any structures,
equipment, or related improvements; and to erect, install,
construct, and maintain at the airport or airports facilities for the
servicing of aircraft and for the comfort and accommodation of air
travelers and the public. The Indiana department of transportation
must grant its approval before land may be purchased for the
establishment of an airport or landing field and before an airport
or landing field may be established.
(16) To fix and determine exclusively the uses to which the
airport lands may be put, including land use planning and zoning.
All uses must be necessary or desirable to the airport or the
aviation industry and must be compatible with the uses of the
surrounding lands as far as practicable. The jurisdiction granted
under this subdivision is superior to that of any other local
government unit or entity with respect to airport lands.
(17) To elect a secretary from its membership, or to employ a
secretary, an airport director, superintendents, managers, a
treasurer, 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 the compensation to be paid to
the persons employed by it in accordance with the authority's
appropriations. All employees shall be selected irrespective of
their political affiliations.
(18) To make all rules and regulations, consistent with laws
regarding air commerce, for the management and control of its
airports, landing fields, air navigation facilities, and other
property under its control.
(19) 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.
(20) To manage and operate airports, landing fields, and other air
navigation facilities acquired or maintained by an authority; to
lease all or part of an airport, landing field, or any buildings or
other structures, and 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; and 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, its own
employees, or otherwise. Contracts 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. However, the airport, including all or part
of its land, facilities, or structures, 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 have 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 board must pass an ordinance 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. The authority may lease
its property and facilities for any commercial or industrial use it
considers necessary and proper, including the use of providing
airport motel facilities. For the airport authority established by the
city of Gary, the board may approve a lease, management
agreement, or other contract:
(A) with a person:
(i) who is selected by the board using the procedures under
IC 36-1-9.5; and
(ii) whose character, experience, and financial responsibility
have been determined satisfactory by the board; and
(B) to use, plan, design, acquire, construct, reconstruct,
improve, extend, expand, lease, operate, repair, manage,
maintain, or finance all or any part of the airport and its landing
fields, air navigation facilities, and other buildings and
structures for a period not to exceed ninety-nine (99) years.
However, the board must pass an ordinance to enter into such
a lease, management agreement, or other contract. All
contracts, leases, and management agreements are subject to
restrictions and conditions that the board prescribes. The
authority may lease its property and facilities for any
commercial or industrial use it considers necessary and proper,
including the use of providing airport motel facilities. A lease,
management agreement, or other contract entered into under
this section or any other provision of this chapter may be
entered into without complying with IC 5-23.
(21) To sell machinery, equipment, or material that is not required
for aviation purposes. The proceeds shall be deposited with the
treasurer of the authority.
(22) To negotiate and execute contracts for sale or purchase,
lease, personal services, materials, supplies, equipment, or any
other transaction or business relative to an airport under the
board's control and operation. However, whenever the board
determines to sell part or all of aviation lands, buildings, or
improvements owned by the authority, the sale must be in
accordance with law.
(23) To vacate all or parts of roads, highways, streets, or alleys,
whether inside or outside the district, in the manner provided by
statute.
(24) To annex lands to itself if the lands are owned by the
authority or are streets, roads, or other public ways.
(25) To approve any state, county, city, or other highway, road,
street or other public way, railroad, power line, or other
right-of-way to be laid out or opened across an airport or in such
proximity as to affect the safe operation of the airport.
(26) 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 authority 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 an eligible entity to secure the proper
orders and approvals; and 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, upon payment to the utility
or other person of due compensation for the expense of the
removal or reinstallation. The board must consent before any
franchise may be granted by state or local authorities for the
construction of or maintenance of 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 before overhead electric power lines carrying a
voltage of more than four thousand 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 may be installed.
(27) 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.
(28) To provide air transportation in furtherance of the duties and
responsibilities of the board.
(29) To promote or encourage aviation-related trade or commerce
at the airports that it operates.
(30) To provide aviation services to public use airports within or
outside Indiana either directly or through an affiliate entity
established by the board.
(b) Except as provided in sections 17 and 25 of this chapter, a board
may impose a tax rate that does not exceed the following:
(1) If the total assessed valuation is three hundred million dollars
($300,000,000) or less, a tax rate of ten cents ($0.10) per one
hundred dollars ($100) of assessed valuation.
(2) If the total assessed valuation is more than three hundred
million dollars ($300,000,000) but not more than four hundred
fifty million dollars ($450,000,000), the tax rate necessary to raise
property tax revenue equal to the sum of:
(A) three hundred thousand dollars ($300,000); plus
(B) the amount that would be raised by applying a tax rate of
eight and thirty-three hundredths cents ($0.0833) (as adjusted
under IC 6-1.1-18-12) per one hundred dollars ($100) of
assessed valuation that exceeds three hundred million dollars
($300,000,000).
(3) If the total assessed valuation is more than four hundred fifty
million dollars ($450,000,000) but not more than six hundred
million dollars ($600,000,000), the tax rate necessary to raise
property tax revenue equal to the sum of:
(A) three hundred seventy-four thousand eight hundred fifty
dollars ($374,850); plus
(B) the amount that would be raised by applying a tax rate of
six and sixty-seven hundredths cents ($0.0667) (as adjusted
under IC 6-1.1-18-12) per one hundred dollars ($100) of
assessed valuation that exceeds four hundred fifty million
dollars ($450,000,000).
(4) If the total assessed valuation is more than six hundred million
dollars ($600,000,000) but not more than nine hundred million
dollars ($900,000,000), the tax rate necessary to raise property tax
revenue equal to the sum of:
(A) four hundred thousand two hundred dollars ($400,200);
plus
(B) the amount that would be raised by applying a tax rate of
five cents ($0.05) (as adjusted under IC 6-1.1-18-12) per one
hundred dollars ($100) of assessed valuation that exceeds six
hundred million dollars ($600,000,000).
(5) If the total assessed valuation is more than nine hundred
million dollars ($900,000,000), the tax rate necessary to raise
property tax revenue equal to the sum of:
(A) four hundred fifty thousand dollars ($450,000); plus
(B) the amount that would be raised by applying a tax rate of
three and thirty-three hundredths cents ($0.0333) (as adjusted
under IC 6-1.1-18-12) per one hundred dollars ($100) of
assessed valuation that exceeds nine hundred million dollars
($900,000,000).
[Pre-Local Government Recodification Citations: 19-6-2-13;
19-6-2-40; 19-6-3-15; 19-6-3.5-14.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.1; Acts 1982, P.L.82, SEC.1; P.L.130-1987, SEC.3;
P.L.3-1990, SEC.40; P.L.106-1993, SEC.2; P.L.29-1999, SEC.2;
P.L.29-1999, SEC.3; P.L.98-2001, SEC.2; P.L.182-2009(ss), SEC.268;
P.L.139-2011, SEC.4; P.L.139-2013, SEC.2; P.L.166-2014,
SEC.37.