Indiana Code
Chapter 2. Local Boards of Aviation Commissioners
8-22-2-7. Breach of Agreements; Rules and Regulations; Taxation; Reports of Estimated Appropriations; Reserve or Depreciation Account

Sec. 7. (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.