(A) A Department of Aviation is established as one of the executive departments of the city. It shall be under the control of a five-member Board designated as the Board of Aviation Commissioners. That Board shall be appointed by, and serve at the pleasure of, the Mayor. Not more than three members of the Board may be of the same political party. Members of the Board of Aviation Commissioners shall be subject to the following further qualifications:
(1) They must be at least 18 years of age; and
(2) They must be a resident of Huntington County, Indiana.
('75 Code, § 23.25) (Am. Ord. 27-C-08, passed 1-6-09)
(B) The Mayor shall appoint Commissioners to fill vacancies created by expirations. Commissioners so appointed shall serve for a term of four years or until their successors shall be appointed and qualified. If any vacancy occurs in the Board by resignation or otherwise, the Mayor shall appoint a Commissioner for the remainder of the term.
('75 Code, § 23.26)
(C) It is the intention of the Common Council that a municipal airport exist and be operated, maintained, and equipped for the city. The Board of Aviation Commissioners shall have all the powers and authority provided in IC 8-22-2-1 et seq., as it now exists or may hereafter be amended or superseded by Indiana law.
(D) Without limiting the generality of division (C) above:
(1) The Board of Aviation Commissioners is empowered:
(a) To make rules and regulations governing the use of the airport premises;
(b) To set up restrictions and charges for the use of the airport premises; and
(c) To contract, create, and satisfy obligations within limits established by Indiana law and the Common Council.
(2) Department of Aviation obligations shall be payable solely out of funds administered by the office of the City Clerk-Treasurer, to be known as the Aviation Fund. Moneys therefrom shall be spent only after a proper verified claim is filed by the claimant with the City Clerk-Treasurer containing information and approvals in accordance with Indiana law, the requirements established from time to time by the city, and duly adopted rules and regulations of the Board of Aviation Commissioners. Claims shall be approved by the Board of Public Works and Safety before being paid.
('75 Code, § 23.28)
(E) If the Board of Aviation Commissioners deems it inadvisable for the city to operate a municipal airport, that Board shall then have the full and exclusive power on behalf of the city to lease the real estate and facilities and some or all of the other physical assets under its control for an airport or landing field for the use of aircraft. Such a lease may not be for more than ten years from the time of entering into the lease. Any lease shall expressly exempt and indemnify the city from any and all damages which may thereafter arise, due to any injury or accident to persons or property.
('75 Code, § 23.27)