This text of Indiana § 8-22-3.5-5 (Designation of airport development zone area; resolution; approval) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The commission may designate an area
within the jurisdiction of a board of aviation commissioners under IC 8-22-2 or an airport authority under IC 8-22-3 as an airport
development zone if the commission finds by resolution the following:
(1)In order to promote opportunities for the gainful employment
of the citizens of the eligible entity and the attraction of a
qualified airport development project to the eligible entity, an area
under the jurisdiction of the board of aviation commissioners or
airport authority should be declared an airport development zone.
(2)The public health and welfare of the eligible entity will be
benefited by designating the area as an airport development zone.
(b)If the airport development zone will be located in a consolidated
city or in a county describe
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(a) The commission may designate an area
within the jurisdiction of a board of aviation commissioners under IC 8-22-2 or an airport authority under IC 8-22-3 as an airport
development zone if the commission finds by resolution the following:
(1) In order to promote opportunities for the gainful employment
of the citizens of the eligible entity and the attraction of a
qualified airport development project to the eligible entity, an area
under the jurisdiction of the board of aviation commissioners or
airport authority should be declared an airport development zone.
(2) The public health and welfare of the eligible entity will be
benefited by designating the area as an airport development zone.
(b) If the airport development zone will be located in a consolidated
city or in a county described in section 1(3), 1(4), 1(5), or 1(6) of this
chapter, the resolution adopted under subsection (a) must also include
a finding that there has been proposed a qualified airport development
project to be located in the airport development zone, with the proposal
supported by:
(1) financial and economic data; and
(2) preliminary commitments by business enterprises that
evidence a reasonable likelihood that the proposed qualified
airport development project will be initiated and accomplished.
(c) If the airport development zone will be located in a city
described in:
(1) section 1(2) of this chapter, the resolution adopted under
subsection (a) must also include findings stating that the most
recent federal decennial census for the city indicates the
following:
(A) The unemployment rate for the city is at least thirteen
percent (13%).
(B) The population of the city has decreased by at least ten
percent (10%) as compared to the population reported in the
preceding federal decennial census for the city.
(C) The median per capita income for city residents does not
exceed eighty percent (80%) of the median per capita income
for all residents of the United States.
(D) At least twenty-five percent (25%) of the population of the
city is below the federal income poverty level (as defined in IC 12-15-2-1); or
(2) section 1(7) of this chapter, the resolution adopted under
subsection (a) must also include findings stating the following:
(A) There has been proposed a qualified airport development
project to be located in the airport development zone, with the
proposal supported by:
(i) financial and economic data; and
(ii) preliminary commitments by business enterprises that
evidence a reasonable likelihood that the proposed qualified
airport development project will be initiated and
accomplished.
(B) The city has Interstate Highway 69 serving the airport and
the city's residents and facilitating commerce and free travel
within and through the midwestern United States.
(d) The resolution adopted under subsection (a) must describe the
boundaries of the area. The description may be by reference to the
area's location in relation to public ways or streams, or otherwise, as
determined by the commission.
(e) If the airport development zone will be located in a county
described in section 1(4), 1(5), or 1(6) of this chapter, the resolution
adopted under subsection (a) and any qualified airport development
project to be located in the airport development zone, must be approved
by the executive of:
(1) the county, if the entire airport development zone or qualified
airport development project will be located outside the boundaries
of any municipality located in the county;
(2) a municipality located in the county, if the entire airport
development zone or qualified airport development project will
be located within the boundary of the municipality; or
(3) the county and a municipality located in the county, if the
airport development zone or qualified airport development project
will be located within the boundary of the county and in part
within the boundary of the municipality.