(A) Creation of Aviation Department. There shall be a Department of Aviation for the necessity of acquiring and operating an airport in Clay County, Indiana.
(Ord. 19-1986, passed 12-23-1986)
(B) Membership of Aviation Board of Commissioners.
(1) There shall be established an Aviation Board of Commissioners which shall consist of 4 members to be appointed by the executive of the City of Brazil, Indiana (the Mayor) and the executive of the County of Clay, Indiana (the Clay County Board of Commissioners).
(2) No more than 2 of the members of the Aviation Board of Commissioners shall be of the same political party, and that the executive of the City of Brazil, (the Mayor) shall have the right to a appoint 2 members to the Aviation Board of Commissioners, provided each appointment is an individual of a different political party; and further, that the executive of the County of Clay, Indiana (the Clay County Board of Commissioners) shall have the right to appoint 2 members to the Aviation Board of Commissioners, provided each appointment is an individual of a different political party.
(Ord. 19-1986, passed 12-23-1986)
(C) Terms of office.
(1) The first members of the Aviation Board of Commissioners hold office as follows: 1 for the term of 4 years which the member shall be appointed by the executive of the City of Brazil, Indiana; 1 for a term of 3 years which the member shall be appointed by the executive of the County of Clay, Indiana; 1 for the term of 2 years which the member shall be appointed by the executive of the County of Clay, Indiana; and 1 for the term of 1 year which the member shall be appointed by the executive of the City of Brazil, Indiana.
(2) The first members so appointed shall hold office from 12:00 p.m. on the first Monday in January of the year of their appointment, which shall be January 5, 1987. On the expiration of their respective terms, the executive of the respective entity shall appoint a Commissioner or Commissioners to fill the vacancy or vacancies caused by the expiration, and the Commissioner or Commissioners so appointed shall hold office for a term of 4 years, and until their successors are appointed and qualified. If a vacancy occurs in the Aviation Board of Commissioners by resignation or otherwise, the executive who made the appointment shall appoint a Commissioner for the remainder of the term of the Commissioner vacating his or her appointment.
(Ord. 19-1986, passed 12-23-1986)
(D) Removal of Commissioners. The executive(s) having the appointment powers may, at any time, remove a Commissioner from office who the executive has appointed, but only upon filing in writing with the Clerk-Treasurer of the fiscal body the reason(s) for the removal.
(Ord. 19-1986, passed 12-23-1986)
(E) Aviation Board’s powers and duties.
(1) The Aviation Board of Commissioners shall have all powers and duties permitted by the laws of the State of Indiana, pursuant to I.C. 8-22-2-5, and by rules and regulations it may create which are consistent with the laws of the State of Indiana.
(2) In general, the Aviation Board of Commissioners shall abide by the provisions of I.C. 8-22-2-1 et seq., and amendments thereto.
(3) In the event the Board wishes to sell part or the whole of the aviation land or improvements owned by the eligible entities (City of Brazil, Indiana and County of Clay, Indiana), then the Board shall prepare an ordinance authorizing the sale and submit it to the fiscal body of each entity. Before any part of the aviation land or improvements are transferred, it will require passage of an ordinance by both the City of Brazil, Indiana and the County of Clay, by and through their fiscal bodies. Proceeds of the sale shall be deposited in the aviation fund which shall be managed by the County of Clay which shall be responsible for all required accountings of the funds with state and federal taxing authorities.
(Ord. 19-1986, passed 12-23-1986)
(F) Tax levy. The County of Clay, Indiana, by and through its proper authority, shall be responsible for establishing the appropriate tax levy for the Department of Aviation, acting by its Aviation Board of Commissioners. All appropriations for the Department of Aviation and/or the Aviation Board of Commissioners shall be handled by the Clay County Council of Clay County, Indiana.
(Ord. 19-1986, passed 12-23-1986)
(G) Bond issues. In the event the need arises to sell bonds for the purpose of providing for payment of the cost of construction, extensions, additions or improvements to the aviation land, or for any reason permitted by laws of the State of Indiana, the Clay County Council, Clay County, Indiana shall be the fiscal body which is authorized to issue and sell the bonds pursuant to I.C. 8-22-2-18.
(Ord. 19-1986, passed 12-23-1986)