reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-1. Application of Chapter

Sec. 1. This chapter applies to the following:
(1) Each county having a consolidated city.
(2) Each city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).
(3) Each county having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000).
(4) Each county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).
(5) Each county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).
(6) Each county having a population of more than one hundred ten thousand (110,000) and less than one hundred twelve thousand (112,000).
(7) Each city having a population of more than fifty-four thousand (54,000) and less than fifty-eight thousand (58,000).
As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.2; P.L.115-1995, SEC.3; P.L.85-1996, SEC.1; P.L.91-1997, SEC.3; P.L.170-2002, SEC.71; P.L.124-2006, SEC.1; P.L.182-2009(ss), SEC.271; P.L.119-2012, SEC.101; P.L.104-2022, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-1.5. Allocation Area Limitation

Sec. 1.5. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:
(1) an ordinance adopted under section 5 of this chapter and confirmed under section 6 of this chapter;
(2) a resolution adopted under IC 6-1.1-39-2 and confirmed under IC 6-1.1-39-3;
(3) a resolution establishing an allocation provision under IC 36-7-14-39 that is adopted and approved under IC 36-7-14-15, IC 36-7-14-16, and IC 36-7-14-17;
(4) a resolution establishing an allocation provision under IC 36-7-15.1-26 that is adopted and approved under IC 36-7-15.1-8, IC 36-7-15.1-9, and IC 36-7-15.1-10;
(5) a resolution establishing an allocation provision under IC 36-7-30-25 that is adopted and approved under IC 36-7-30-10, IC 36-7-30-11, and IC 36-7-30-12;
(6) a resolution establishing an allocation provision under IC 36-7-30.5-30 that is adopted and approved under IC 36-7-30.5-16, IC 36-7-30.5-17, and IC 36-7-30.5-18; or
(7) a resolution designating a certified technology park as an allocation area that is approved and adopted under IC 36-7-32-15;
on or before May 1, 2021. In addition, a new allocation area may not be established under this chapter that includes a parcel that is located in an allocation area described in this subsection.
(b) Except as provided in subsection (a), but notwithstanding any other provision, for the purpose of the allocation of property taxes under this chapter, a parcel may not be included in more than one (1) allocation area established under this chapter or under:
(1) IC 6-1.1-39;
(2) IC 36-7-14;
(3) IC 36-7-15.1;
(4) IC 36-7-30;
(5) IC 36-7-30.5;
(6) IC 36-7-32; or
(7) IC 36-7-32.5.
As added by P.L.38-2021, SEC.54. Amended by P.L.135-2022, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-2. "Commission" Defined

Sec. 2. As used in this chapter, "commission" refers to the following:
(1) With respect to a county having a consolidated city, the metropolitan development commission acting as the redevelopment commission of the consolidated city, subject to IC 36-3-4-23.
(2) With respect to a city described in section 1(2) of this chapter, the board of the airport authority for the city.
(3) With respect to a county described in section 1(3) of this chapter, the board of an airport authority that is jointly established by the county and a municipality under IC 8-22-3.
(4) With respect to a county described in section 1(4) or 1(5) of this chapter, the board of an airport authority that is jointly established by the county and a municipality under IC 8-22-3.
(5) With respect to a county described in section 1(6) of this chapter, the board of an airport authority that is established by the county.
(6) With respect to a city described in section 1(7) of this chapter, the board of aviation commissioners for the city.
As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.3; P.L.115-1995, SEC.4; P.L.85-1996, SEC.2; P.L.91-1997, SEC.4; P.L.124-2006, SEC.2; P.L.182-2009(ss), SEC.272.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-2.5. "Eligible Entity" Defined

Sec. 2.5. Notwithstanding IC 8-22-1-6, as used in this chapter, "eligible entity" refers to any of the following:
(1) A consolidated city.
(2) A city described in section 1(2) of this chapter.
(3) A city in a county described in section 1(3) of this chapter.
(4) A county described in section 1(4) of this chapter.
(5) A city located in a county described in section 1(4) of this chapter.
(6) A county described in section 1(5) of this chapter.
(7) A city located in a county described in section 1(5) of this chapter.
(8) A county described in section 1(6) of this chapter.
(9) A city described in section 1(7) of this chapter.
As added by P.L.108-1993, SEC.4. Amended by P.L.115-1995, SEC.5; P.L.85-1996, SEC.3; P.L.91-1997, SEC.5; P.L.124-2006, SEC.3; P.L.182-2009(ss), SEC.273.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-3. "Qualified Airport Development Project"; Use or Expansion by Successor Tenant

Sec. 3. (a) As used in this chapter, "qualified airport development project" means an airport development project that has a cost of the project (as defined in IC 5-1.2-2) greater than:
(1) five hundred million dollars ($500,000,000), if the project is to be located in a county having a consolidated city; or
(2) two hundred fifty thousand dollars ($250,000), if the project is to be located in:
(A) a city described in section 1(2) or 1(7) of this chapter; or
(B) in a county described in section 1(3), 1(4), 1(5), or 1(6) of this chapter.
Except as provided by subsection (b), the term includes any portion or expansion of the original qualified airport development project used by one (1) or more successor tenants.
(b) For purposes of section 9 of this chapter, the definition of "qualified airport development project" does not include any portion of, or expansion of, the original qualified airport development project used by a successor tenant unless the commission adopts a resolution to amend the definition to include that portion or expansion.
As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.5; P.L.115-1995, SEC.6; P.L.85-1996, SEC.4; P.L.91-1997, SEC.6; P.L.224-2003, SEC.267; P.L.124-2006, SEC.4; P.L.182-2009(ss), SEC.274; P.L.189-2018, SEC.102.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-4. Definitions

Sec. 4. As used in this chapter, the following terms have the meanings set forth in IC 6-1.1-1:
(1) Assessment date.
(2) Assessed value or assessed valuation.
(3) Tangible property.
(4) Taxing district.
(5) Taxing unit.
As added by P.L.86-1991, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-7. Remonstrances; Appeals

Sec. 7. (a) A person who filed a written remonstrance with the commission under section 6 of this chapter and is aggrieved by the final action taken may, within ten (10) days after that final action, file with the office of the clerk of the circuit or superior court of the county a copy of the commission's resolution and the person's remonstrance against the resolution, together with the person's bond as provided by IC 34-13-5-7.
(b) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined within thirty (30) days after the time of filing of the appeal. The court shall decide the appeal based on the record and evidence before the commission, not by trial de novo, and may confirm the final action of the commission or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.
As added by P.L.86-1991, SEC.1. Amended by P.L.1-1998, SEC.91.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-8. Special Taxing District

Sec. 8. The airport development zone created by the commission under this chapter is a special taxing district authorized by the general assembly to enable the eligible entity to provide special benefits to taxpayers in the airport development zone by promoting economic development that is of public use and benefit.
As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.7; P.L.115-1995, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-9.5. Authorization to Amend Resolution in Vanderburgh County

Sec. 9.5. (a) This section applies to a commission located in a county described in section 1(5) of this chapter.
(b) The commission may amend a resolution adopted before January 1, 2006, under section 5 of this chapter to include a provision with respect to the allocation and distribution of property taxes.
(c) For purposes of determining the allocation and distribution of property taxes under this chapter, the "base assessed value" means the net assessed value of all the tangible property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the commission's amended resolution adopted under this section.
(d) An amendment adopted under this section must be approved by the executive of:
(1) the county, if the entire airport development zone is located outside the boundaries of any municipality located in the county;
(2) a municipality located in the county, if the entire airport development zone is located within the boundary of the municipality; or
(3) the county and a municipality located in the county, if the airport development zone is located within the boundary of the county and partly within the boundary of the municipality.
As added by P.L.124-2006, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-9.8. Authorization to Enter Into an Agreement With a Taxpayer for Waiver of Review of an Assessment of Property Taxes in an Allocation Area During the Term of Bonds or Lease Obligations Payable From Allocated Property Taxes

Sec. 9.8. A commission may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.
As added by P.L.249-2015, SEC.23.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-10. Repealed

As added by P.L.86-1991, SEC.1. Amended by P.L.1-1994, SEC.38; P.L.91-1997, SEC.9; P.L.192-2002(ss), SEC.147; P.L.1-2004, SEC.50 and P.L.23-2004, SEC.52; P.L.124-2006, SEC.8; P.L.219-2007, SEC.95. Repealed by P.L.146-2008, SEC.813.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-11. Rules and Procedures; Adjustment of Base Assessed Value

Sec. 11. (a) The state board of accounts and the department of local government finance shall make the rules and prescribe the forms and procedures that the state board of accounts and department consider appropriate for the implementation of this chapter.
(b) After each reassessment under IC 6-1.1-4, the department of local government finance shall adjust the base assessed value (as defined in section 9 of this chapter) one (1) time to neutralize any effect of the reassessment on the property tax proceeds allocated to the airport development zone's special funds under section 9 of this chapter.
(c) After each annual adjustment under IC 6-1.1-4-4.5, the department of local government finance shall adjust the base assessed value (as defined in section 9 of this chapter) to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the airport development zone's special funds under section 9 of this chapter.
As added by P.L.86-1991, SEC.1. Amended by P.L.90-2002, SEC.333; P.L.154-2006, SEC.66; P.L.86-2018, SEC.144.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-12. Repealed

As added by P.L.86-1991, SEC.1. Amended by P.L.91-1997, SEC.10; P.L.124-2006, SEC.9. Repealed by P.L.146-2008, SEC.813.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-14. Repealed

As added by P.L.108-1993, SEC.9. Amended by P.L.115-1995, SEC.10; P.L.85-1996, SEC.6; P.L.90-2002, SEC.334; P.L.192-2002(ss), SEC.148; P.L.4-2005, SEC.117; P.L.124-2006, SEC.10; P.L.146-2008, SEC.366; P.L.182-2009(ss), SEC.277. Repealed by P.L.288-2013, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.5. Airport Development Zones › 8-22-3.5-15. State Income Tax Incentives for Attracting or Retaining Airport Development Projects in a Consolidated City

Sec. 15. (a) As used in this section, "state income tax liability" means a tax liability that is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax); or
(2) any other tax imposed by this state and based on or measured by either gross income or net income.
(b) The attraction or retention of qualified airport development projects to a consolidated city within Indiana is a governmental function of general public benefit for all the citizens of Indiana.
(c) As an incentive to attract or retain qualified airport development projects to Indiana, for a period of thirty-five (35) years, beginning January 1, 1991, persons that locate and operate a qualified airport development project in an airport development zone in a consolidated city shall not incur, notwithstanding any other law, any state income tax liability as a result of:
(1) activities associated with locating or retaining the qualified airport development project in the consolidated city;
(2) the construction, modification, alteration, or completion of the qualified airport development project;
(3) the employment of personnel or the ownership or rental of property at or in conjunction with the qualified airport development project; or
(4) the operation of, or the activities at or in connection with, the qualified airport development project.
(d) The department of state revenue shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.41-1994, SEC.2. Amended by P.L.192-2002(ss), SEC.149; P.L.224-2003, SEC.268.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.6. Leases of Qualified Airport Development Projects › 8-22-3.6-2. "Airport Project" Defined

Sec. 2. As used in this chapter, "airport project" means:
(1) any property or project that could be financed with the proceeds of bonds issued under IC 8-22-3; or
(2) any qualified airport development project.
As added by P.L.108-1993, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.6. Leases of Qualified Airport Development Projects › 8-22-3.6-4. Qualified Lessors

Sec. 4. Any of the following persons may lease a project to an authority under this chapter:
(1) A not-for-profit corporation organized under Indiana law or admitted to do business in Indiana.
(2) An airport development authority established under IC 8-22-3.7.
As added by P.L.108-1993, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-4.5. "Eligible Entity"

Sec. 4.5. Notwithstanding IC 8-22-1-6, as used in this chapter, "eligible entity" means the following:
(1) A city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).
(2) A county having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000).
(3) A county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).
As added by P.L.108-1993, SEC.11. Amended by P.L.115-1995, SEC.12; P.L.85-1996, SEC.8; P.L.170-2002, SEC.73; P.L.119-2012, SEC.103; P.L.104-2022, SEC.75.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-5. Creation of Authority

Sec. 5. A "__________ Airport Development Authority" (the blank to be filled in with the name of the eligible entity) may be created by an eligible entity as a separate body corporate and politic and as an instrumentality of the eligible entity to finance airport projects for lease to the authority in that eligible entity. A development authority may be created by ordinance of the legislative body of the eligible entity.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-6. Development Board; Membership; Term; Removal; Oath

Sec. 6. (a) The development board is composed of three (3) members, who must be residents of the eligible entity. The members of a development board for a development authority established by an eligible entity described in section 4.5(1) of this chapter are appointed by the executive of the eligible entity. The members of a development board for a development authority established by an eligible entity described in section 4.5(2) or 4.5(3) of this chapter are appointed as follows:
(1) One (1) member is appointed by the county executive.
(2) One (1) member is appointed by the executive of the city with the largest population in the county.
(3) One (1) member is appointed by the board of an airport authority that is located in the county.
(b) A member is entitled to serve a three (3) year term. A member may be reappointed to subsequent terms.
(c) If a vacancy occurs on the development board, the officer or entity that made the original appointment shall fill the vacancy by appointing a new member for the remainder of the vacated term.
(d) A member may be removed for cause by the officer or entity that appointed the member.
(e) Each member, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the development board.
(f) A member may not receive a salary, and no profit or money of the development authority inures to the benefit of a member.
As added by P.L.108-1993, SEC.11. Amended by P.L.115-1995, SEC.13; P.L.85-1996, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-7. Meetings; Quorum

Sec. 7. (a) Immediately after January 15 of each year, the development board shall hold an organizational meeting. It shall elect one (1) of the members of the development board president, another vice president, and another secretary-treasurer to perform the duties of those offices. These officers serve from the date of their election and until their successors are elected and qualified. The development board may elect an assistant secretary-treasurer.
(b) Special meetings may be called by the president of the development board or any two (2) members of the development board.
(c) A majority of the members constitutes a quorum, and the concurrence of a majority of the members is necessary to authorize any action.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-8. Bylaws and Rules

Sec. 8. The development board may adopt the bylaws and rules that it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-9. Purposes of Authority

Sec. 9. The development authority is organized for the following purposes:
(1) Financing, constructing, and leasing airport projects to the authority.
(2) Financing and constructing additional improvements to airport projects owned by the development authority and leasing them to the authority.
(3) Acquiring all or a portion of one (1) or more airport projects from the authority by purchase or lease and leasing these airport projects back to the authority, with any additional improvements that may be made to them.
(4) Acquiring all or a portion of one (1) or more airport projects from the authority by purchase or lease to fund or refund indebtedness incurred on account of those airport projects to enable the authority to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the authority considers to be unduly burdensome.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-10. Authorized Activities of Authority; Dissolution

Sec. 10. (a) The development authority may also:
(1) finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip airport projects;
(2) lease those airport projects to the authority;
(3) sue, be sued, plead, and be impleaded, but all actions against the development authority must be brought in the circuit or superior court of the county in which the development authority is located;
(4) lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with airport projects;
(5) acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter;
(6) with permission of the owner or occupant, enter upon any lots or lands for the purpose of surveying or examining them to determine the location of an airport project;
(7) design, order, contract for, and construct, reconstruct, and renovate any airport projects or improvements thereto;
(8) employ managers, superintendents, architects, engineers, attorneys, auditors, clerks, construction managers, and other employees necessary for construction of airport projects or improvements to them;
(9) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and
(10) take any other action necessary to implement its purposes as set forth in section 9 of this chapter.
(b) Whenever the development board determines that the purposes for which the development authority was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the development authority have been fully paid or satisfied or provision for the payment of the bonds and obligations has been made in accordance with the terms of the resolution or trust indenture securing them, the development board may declare the development authority dissolved. On the effective date of the resolution of dissolution, the title to all funds and other property owned by the development authority at the time of the dissolution vests in the authority. However, if the authority is not in existence, the title vests in the eligible entity.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-11. Refund of Bonds; Lease Back

Sec. 11. (a) Bonds issued under IC 8-22-3 may be refunded as provided in this section.
(b) The authority may lease all or a portion of an airport project to the development authority, which may be at a nominal lease rental with a lease back to the authority, conditioned upon the development authority assuming bonds issued under IC 8-22-3 and issuing its bonds to refund those bonds.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-12. Reasonableness of Leases; Leases of Airport Projects From Development Authority

Sec. 12. (a) Before a lease may be entered into, the authority must find that the lease rental provided for is fair and reasonable.
(b) A lease of an airport project from the development authority to the authority:
(1) must comply with IC 8-22-3.6;
(2) may not require payment of lease rental for a newly constructed airport project or for improvements to an existing airport project except to the extent that the airport project or improvements to the project have been completed and are ready for occupancy or use;
(3) may contain provisions:
(A) allowing the authority to continue to operate an existing airport project until completion of the improvements, reconstruction, or renovation; and
(B) requiring payment of lease rentals for an existing airport project being used, reconstructed, or renovated;
(4) may contain an option to renew the lease for the same or shorter term on the conditions provided in the lease;
(5) must contain an option for the authority to purchase the airport project upon the terms stated in the lease during the term of the lease for a price equal to the amount required to pay all indebtedness incurred on account of the airport project, including indebtedness incurred for the refunding of that indebtedness;
(6) may be entered into before acquisition or construction of an airport project;
(7) may provide that the authority shall agree to:
(A) pay all taxes and assessments on the project;
(B) maintain insurance on the project for the benefit of the development authority; and
(C) assume responsibility for utilities, repairs, alterations, and any costs of operation; and
(8) may provide that the lease rental payments by the authority shall be made from any one (1) or more of the sources set forth in IC 8-22-3.6.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-13. Authority for Leases Between Development Authority and Authority

Sec. 13. This chapter and IC 8-22-3.6 contain full and complete authority for leases between the development authority and the authority. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board, authority or the eligible entity or any other officer, department, agency, or instrumentality of the state or any political subdivision are required to enter into any lease, except as prescribed in this chapter and IC 8-22-3.6.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-14. Leases; Authority Approval of Plans and Specifications of Project

Sec. 14. If the lease provides for an airport project or improvements to an airport project to be constructed by the development authority, the plans and specifications shall be submitted to and approved by the authority.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-15. Party Walls; Easements; Licenses

Sec. 15. The development authority and the authority may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-16. Sales or Leases of Projects to Development Authority

Sec. 16. (a) The authority may lease for a nominal lease rental or sell to the development authority one (1) or more airport projects or portions of airport projects or land upon which an airport project is located or is to be constructed.
(b) Any lease of all or a portion of an airport project by the authority to the development authority must be for a term equal to the term of the lease of that airport project back to the authority.
(c) The authority or the eligible entity may sell property to the development authority for the amount that the authority or the eligible entity determines to be in the best interest of the authority or the eligible entity, which amount may be paid from the proceeds of bonds of the development authority.
(d) The authority may sublease an airport project or portion of an airport project to any person or entity for a term not to exceed the term of the lease from the development authority, upon the terms and at the rental that the authority determines to be in the best interest of the authority.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-17. Bond Issues

Sec. 17. (a) The development authority may issue bonds for the purpose of obtaining money to pay the cost of:
(1) acquiring property;
(2) constructing, improving, reconstructing, or renovating one (1) or more airport projects; or
(3) funding or refunding bonds issued under this chapter or IC 8-22-3.
(b) The bonds are payable solely from the lease rentals from the lease of the airport project for which the bonds were issued, insurance proceeds, and any other funds pledged or available.
(c) The bonds shall be authorized by a resolution of the development board.
(d) The terms and form of the bonds shall either be set out in the resolution or in a form of trust indenture approved by the resolution.
(e) The bonds shall mature within fifty (50) years.
(f) The development board shall sell the bonds at public or private sale upon terms determined by the development board.
(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of the acquisition or construction, or both, of airport projects, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:
(1) planning and development of the airport project and all related buildings, facilities, structures, and improvements;
(2) acquisition of a site and clearing and preparing the site for construction;
(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the airport projects suitable for use and operations;
(4) architectural, engineering, consultant, and attorney fees;
(5) incidental expenses in connection with the issuance and sale of bonds;
(6) reserves for principal and interest;
(7) interest during construction and for a period thereafter determined by the board, but in no event to exceed five (5) years;
(8) financial advisory fees;
(9) insurance during construction;
(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement; and
(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, and interest on, the bonds being refunded or refinanced.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-18. Law Governing Issuance; Bonds as Legal Investment

Sec. 18. (a) This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board of any other officer, department, agency, or instrumentality of the state or of any political subdivision are required to issue any bonds, except as prescribed in this chapter.
(b) Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associates, credit unions, banks of discount and deposit, savings banks, private banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under Indiana law.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-19. Trust Indentures Securing Bonds

Sec. 19. (a) The development authority may secure bonds issued under this chapter by a trust indenture between the development authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.
(b) The trust indenture may:
(1) pledge or assign lease rentals, receipts, and income from leased airport projects;
(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the authority and the board;
(3) set forth the rights and remedies of bondholders and trustee; and
(4) restrict the individual right of action of bondholders.
However, the trust indenture may not mortgage airport projects.
(c) Any pledge or assignment made by the development authority under this section is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-21. Exemptions From Taxation

Sec. 21. (a) All:
(1) property owned by the development authority;
(2) revenues of the development authority; and
(3) bonds issued by the development authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of interest in proceeds;
are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.
(b) All securities issued under this chapter are exempt from the registration requirements of IC 23-19 and other securities registration statutes.
As added by P.L.108-1993, SEC.11. Amended by P.L.254-1997(ss), SEC.18; P.L.27-2007, SEC.9; P.L.79-2017, SEC.59.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-22. Actions to Contest Validity of Bonds; Conditions

Sec. 22. Any action to contest the validity of bonds to be issued under this chapter may not be brought after:
(1) fifteen (15) days following the receipt of bids for the bonds, if the bonds are sold at public sale; or
(2) the time limitations set forth in IC 5-1-14-13.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3.7. Airport Development Authority › 8-22-3.7-23. Impairment of Bondholder Rights

Sec. 23. The general assembly covenants that it will not:
(1) repeal or amend this chapter, IC 8-22-3.5, or IC 8-22-3.6 in a manner that would adversely affect owners of outstanding bonds, or payment of any lease rentals, secured by the revenues pledged under this chapter, IC 8-22-3.5, or IC 8-22-3.6; or
(2) in any way impair the rights of owners of bonds of the development authority, or the owners of bonds secured by lease rentals, secured by a pledge of revenues under this chapter or IC 8-22-3.6.
As added by P.L.108-1993, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 4. Joint State Airport Authorities › 8-22-4-1. Creation of Authority; Members

Sec. 1. (a) Governmental units in each of two (2) party states may combine in the creation of an airport authority for the purpose of jointly supporting and operating an airport terminal and all attached properties. The governmental units are not limited as to number, character, or size, except that the airport authority must be composed of an equal number of members from each party state, designated or appointed by the legislative body of the participating governmental unit. The federal government may be represented by a nonvoting agent or representative if authorized by federal law.
(b) The airport authority is established when resolutions or ordinances containing identical agreement provisions are duly adopted by the legislative bodies of the governmental units to be combined into the airport authority. If passage is by resolution, it may be joint or several, but the resolution or ordinance of the combining governmental units must provide for the number of members, the residence requirements of the members, the length of term of the members, and the appointment of an additional member by the governor of each party state. If the member appointed by the governor is selected from the membership or staff of the aeronautics commission of the state, there is no limitation as to place of residence, and the length of tenure of office is at the pleasure of the governor.
(c) The respective members of the airport authority, except any member representing the federal government, are each entitled to one (1) vote. An action of the membership of the airport authority is official only if taken at a meeting in which a majority of the voting members from each party state are present and a majority of those from each state concur. An action that does not comply with these requirements may be ratified within thirty (30) days by the concurrence of a majority of the members of each party state. In the absence of a member, his vote may be cast by another representative or member of his state if the representative casting the vote has a written proxy in the proper form required by the airport authority.
[Pre-Local Government Recodification Citation: 19-6-5-2 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 4. Joint State Airport Authorities › 8-22-4-2. Powers and Duties

Sec. 2. (a) The airport authority may sue and be sued, and shall adopt an official seal.
(b) The airport authority may appoint and remove or discharge personnel as may be necessary for the performance of the airport's functions irrespective of the civil service, personnel, or other merit system laws of either of the party states.
(c) The airport authority shall elect annually, from its membership, a chairman, a vice chairman, and a treasurer.
(d) The airport authority may establish and maintain or participate in programs of employee benefits as may be appropriate to afford employees of the airport authority terms and conditions of employment similar to those enjoyed by the employees of each of the party states.
(e) The airport authority may borrow, accept, or contract for the services of personnel from a state, the United States, or a subdivision or agency of either, from an interstate agency, or from any other institution or person.
(f) The airport authority may accept for its purposes and functions donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from a state, the United States, or a subdivision or agency of either, from an interstate agency, or from any other institution or person. The authority may receive, utilize and dispose of the property.
(g) The airport authority may establish and maintain facilities that may be necessary for the transaction of its business. The airport authority may acquire, hold, and convey real and personal property and any interest in it, and may enter into contracts for improvements upon real estate appurtenant to the airport, including farming, extracting minerals, subleasing, subdividing, promoting and developing of real estate that aids and encourages the development and service of the airport. The airport authority may engage contractors to provide airport services and shall carefully observe all appropriate federal or state regulations in the operation of the air facility.
(h) The airport authority may adopt official rules and regulations for the conduct of its business and may amend or rescind them when necessary.
(i) The airport authority shall annually make a report to the governor of each party state concerning the activities of the airport authority for the preceding year, embodying in the report recommendations that have been adopted by the airport authority. The copies of the report shall be submitted to the legislature or general assembly of each of the party states at any regular session. A copy submitted to the general assembly must be in an electronic format under IC 5-14-6. The airport authority may issue additional reports that are necessary.
[Pre-Local Government Recodification Citation: 19-6-5-2 part.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.28-2004, SEC.74.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 4. Joint State Airport Authorities › 8-22-4-4. Powers and Functions

Sec. 4. The airport authority may:
(1) operate and conduct an airport;
(2) operate farming operations on real estate appurtenant to the airport;
(3) exercise the power of eminent domain in accordance with the statutes of the state in which the airport is located;
(4) maintain, operate, and extend water and sewer systems on the land appurtenant to the airport, and make and collect charges for services;
(5) construct and lease industrial and aviation buildings on the land appurtenant to the airport;
(6) lease land owned by a combining governmental unit suitable for an airport facility for a term of not less than ninety-nine (99) years;
(7) secure expert guidance on the development of an area air facility so that the interests of the area are best served and implement that development under the statutes of the party states;
(8) establish and fix by ordinance a restricted zone for distances in any direction from the boundaries of the airport facility that is necessary and practicable, regulating the height of structures to provide free air space for access by aircraft and for the safe use of the airport, all in accordance with the statutes of the party state in which the airport is located;
(9) accept, receive, and receipt for federal monies and other monies, public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports, other air navigation facilities, and sites for them;
(10) buy and sell machinery for aviation purposes; and negotiate and contract for personal services, materials and supplies; whenever personal property is to be purchased or sold, there must be due notice and competitive bidding as required by the statutes of the state in which the airport is located; and
(11) perform all functions and do all acts that are necessary to the total development of a commercial and industrial air facility, in accordance with the laws of the party states.
[Pre-Local Government Recodification Citation: 19-6-5-4.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 4. Joint State Airport Authorities › 8-22-4-5. Effectiveness of Authority

Sec. 5. The authority to combine into an airport authority becomes effective at the time when reciprocal authorizing legislation is enacted by a party state authorizing governmental units in that state to combine with governmental units in Indiana in an airport authority.
[Pre-Local Government Recodification Citation: 19-6-5-5.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 4. Joint State Airport Authorities › 8-22-4-6. Effect of Chapter

Sec. 6. This chapter does not affect IC 8-22-5.
[Pre-Local Government Recodification Citation: 19-6-5-6.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 4. Joint State Airport Authorities › 8-22-4-7. Approval by Other States

Sec. 7. Before commencement of proceedings for the acquisition and establishment of airports, landing fields, or other air navigation facilities, approval of the acquisition or establishment of the airports, landing fields or other air navigation facilities must be secured and granted by the respective aeronautics commissions of the party states.
[Pre-Local Government Recodification Citation: 19-6-5-7.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 5. Local Participation in Interstate Airports › 8-22-5-1. Interstate Airport Facilities; Approval

Sec. 1. The governing body of a county, city, village, town, or other political subdivision of an adjoining state whose statutes permit may acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, landing fields, or other air navigation facilities in Indiana, subject to statutes, rules, and regulations of Indiana applicable to its political subdivisions in aeronautical projects, but subject to the laws of the adjoining state in matters relating to financing the projects. The aeronautics commission of Indiana must approve the acquisition and establishment of the airports, landing fields, or other air navigation facilities before commencement of proceedings for acquisition or establishment.
[Pre-Local Government Recodification Citation: 19-6-4-1.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 5. Local Participation in Interstate Airports › 8-22-5-2. Rights of Political Subdivisions of Adjoining State

Sec. 2. The political subdivision of an adjoining state has all the rights, privileges, and duties of political subdivisions of Indiana, including the power of eminent domain, which must be exercised in accordance with Indiana law, as to property not devoted to public use, and the power jointly with political subdivisions of Indiana to acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, landing fields, or other air navigation facilities.
[Pre-Local Government Recodification Citation: 19-6-4-3.]
As added by Acts 1980, P.L.8, SEC.73.