TITLE 30
COUNTY AIRPORT

ARTICLE 1
AIRPORT FOR DEKALB COUNTY

BE IT RESOLVED BY THE COUNTY COUNCIL OF THE COUNTY OF DEKALB THAT:

1.	This council favors the acquisition, improvement, operation or maintenance of an airport or landing field for the County of DeKalb under the provisions of Chapter 190 of the Acts of the General Assembly of this state (1945) as amended, and declares the necessity for the same.
2.	This resolution shall take effect upon the adoption thereof. (Res. 043063, passed April 30, 1963)

Chapter 1
Airport Establishment

30-1-1

Airport Establishment. BE IT RESOLVED BY THE BOARD OF AVIATION COMMISSIONERS OF THE DEPARTMENT OF AVIATION OF THE COUNTY OF DEKALB That a comprehensive plan for the establishment of a new airport in DeKalb County, Indiana, a copy of which is attached hereto, made a part hereof, and by this reference incorporated herein, is hereby adopted.

BE IT FURTHER RESOLVED, That the secretary of this Board of Aviation Commissioners be and he hereby is authorized and directed to submit said plan to the Aeronautical Commission of Indiana and request that said Commission approve said plan, approve the establishment of said airport, and approve the acquisition of the land specified therein as necessary for the establishment thereof.

BE IT FURTHER RESOLVED, That the secretary of the Board of Aviation Commissioners be and he hereby is authorized and directed to forward to the Board of Commissioners of the County of DeKalb and the DeKalb County Council the following communication:

The Board of Aviation Commissioners of the Department of Aviation of the County of DeKalb, acting in furtherance of the policy contained in the resolution adopted by the DeKalb County Council on May 15, 1963, as follows:

BE IT RESOLVED BY THE COUNTY COUNCIL OF THE COUNTY OF DEKALB THAT:

This council favors the acquisition, improvement, operation or maintenance of an airport or landing field for the county of DeKalb under the provisions of Chapter 190 of the Acts of the General Assembly of this state (1945) as amended, and declares the necessity for the same.

This resolution shall take effect upon the adoption thereof.

This Council has adopted a comprehensive plan for the establishment and improvement of a new airport in DeKalb County, Indiana and now requests the Board of Commissioners of the County of DeKalb and the DeKalb County Council to appropriate and provide funds in the amount of $175,000.00 to be applied on the cost of acquisition and improvement of land as a site for a new county airport and the construction and equipment of such airport, including, but not limited to hangars, administration building, hard-surfaced runways, taxiways and aprons, lighting and other appurtenances and facilities and on the incidental expenses in connection therewith.

"On the basis of present estimates, the amount of the requested appropriation will be sufficient to cover the incidental expenses necessary to be incurred in connection with said project and the issuance of bonds on account thereof. The said Board of Aviation Commissioners further request the DeKalb County Council that it approve the establishment of such airport and the acquisition of the following described land for the use thereof.

The south 2140 feet of the east one-half of the Northwest Quarter of Section 19, Township 33 North, Range 13 East.

The North 1000 feet of the west one-half of the West one-half of the Northeast Quarter of Section 19, Township 33 North, of Range 13 East, together with an option to purchase the remainder of said West one-half of the West one-half of said Northeast Quarter.

The South 500 feet of the North 1000 feet of the East Half of the West Half of the Northeast Quarter of said Section 19.

The South 500 feet of the North 1000 feet of the Northeast Quarter of the Northeast Quarter of said Section 19.

All in DeKalb County, in the State of Indiana .

(Res. 082663, passed August 26, 1963)

ARTICLE 2
AIRPORT RULES AND REGULATIONS

30-2

1. TITLE:

This ordinance may be cited as the Airport Rules and Regulations Ordinance No. 98-7 of the DeKalb County Aviation Board Code of Ordinances.

AUTHORITY:

This ordinance is created pursuant to authority granted by Indiana Statute I.C. 8-22-3-11.

PURPOSE:

The rules and regulations contained in this document, hereinafter referred to as the Rules, are intended to provide a structure for the management, governing and effective use of the DeKalb County Airport and to do so in such manner as to better maintain order and protect the safety of the public and tenants of the airport. The Rules promulgated hereunder shall also apply to all persons in attendance, visiting or observing activities at the DeKalb County Airport, whether such persons are engaged in any aeronautical activities or not. The Rules are intended to be reasonable, non-arbitrary and non-discriminatory.

DEFINITIONS:

4.01	Aeronautical Activity means any activity commonly conducted at the Airport which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. These activities include, but are not limited to, air taxi and charter operations, pilot training, aircraft renting, sightseeing, aerial photography, crop dusting, aerial advertising, aerial surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft, or sale of aircraft parts and aircraft storage.
4.02	Aeronautical Operator means any person or entity who provides an aeronautical service at the Airport which is not provided by the Commission.
4.03	Aeronautical Operator Lease means any (a) lease agreement between the Commission and an Aeronautical operator leasing property at the Airport, or (b) sub-lease agreement approved by the Commission between any tenant at the Airport and any Person sub-leasing property at the Airport, but in either case, for the purpose of providing Aeronautical Services at the Airport.
4.04	Aeronautical Service means any service which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of aircraft operations commonly conducted on the Airport by a person who has a lease or permit from the Commission to provide such service.
4.05	Aircraft means a device which is used or intended to be used for flight in air. Examples of aircraft include, but are not limited to, airplane, sailplane, glider, rotorcraft (helicopter, gyrocopter or autogyro), balloon and blimp.
4.06	Airport means the DeKalb County Airport and all of the area, buildings, facilities and improvements within the boundaries of said Airport as it presently exists or as it may exist when it is hereafter modified.
4.07	AGL means altitude expressed in feet measured above ground level.
4.08	ALP means the current Airport Layout Plan for the DeKalb County Airport which has been approved by the FAA.
4.09	Air Operations Area or AOA means the area of the Airport used or intended to be used for landing and takeoff or surface maneuvering of aircraft including the associated hangars and navigation and communication facilities.
4.10	Airport Manager means the DeKalb County Board of Aviation Commissioners or person employed by the Commission to manage the Airport.
4.11	Commission means the DeKalb County Board of Aviation Commissioners appointed by the DeKalb County Commissioners pursuant to the provisions of Indiana Statute.
4.12	County means DeKalb County, Indiana.
4.13	FAA means the Federal Aviation Administration and its successors.
4.14	FAR means the Federal Aviation Regulations as published and amended from time to time.
4.15	Facility Manager means the person who the Board of Aviation Commissioners hired to oversee, inspect and maintain the Airport facilities.
4.16	Fixed Base Operator or FBO means any person authorized by the Commission to offer aeronautical services to the public at the Airport as a tenant or sub-tenant.
4.17	FBO Lease means any (a) lease agreement between the Commission and a Person leasing property at the Airport or (b) sub-lease agreement approved by the Commission between any tenant at the Airport and a Person sub-leasing property at the Airport, but in either case, for the purpose of providing Aeronautical Services at the Airport.
4.18	FSDO means Flight Standards District Office (FAA).
4.19	IFR means Instrument Flight Rules which govern the procedures for conducting instrument flight.
4.20	Minimum Standards means the standards which are established by the Commission, amended from time to time, as the minimum requirements to be met by a tenant, sub-tenant or proposed tenant as a condition for the right to provide aeronautical services to the public at the Airport.
4.21	MSL means altitude expressed in feet measured from Mean Sea Level.
4.22	NFPA means National Fire Protection Association.
4.23	NOTAM means a "Notice to Airmen" published by the FAA. (A method of notifying the flying public of conditions at the Airport that may affect flight.)
4.24	NTSB means the National Transportation Safety Board and its successors.
4.25	Permit means a permit issued pursuant to Paragraph 8. of these Rules & Regulations.
4.26	Permit Holder means a person to whom a permit has been issued pursuant to these Rules & Regulations.
4.27	Person means an individual, firm, partnership, corporation, company, association or other entity.
4.28	Shall means mandatory and not merely directory.
4.29	Special Event means an Aeronautical Activity which does not comply with the Rules or which, although it may comply with the Rules, may require an accommodation by other users of the Airport. Special Event includes, but is not limited to, fly-ins, skydiving exhibitions, balloon operations or similar events or activities.
4.30	Unicom means a nongovernmental communication facility which may provide airport information at certain airports. Locations and frequencies are shown on aeronautical charts and publications.
4.31	VFR means Visual Flight Rules which govern the procedures for conducting flight under visual conditions as described in FAR Part 91.

AIRPORT OPERATIONS:

The Airport will be open to all aircraft 24 hours a day, every day of the year, provided that the Airport may be closed when either the Commission or the Airport Manager determines that an unsafe condition exists. The Airport may remain closed until the unsafe condition has been corrected or no longer exists. FBOs and Aeronautical Operators are not required to be open at all times the Airport is open.

AIRPORT MANAGER:

The Airport Manager is responsible for the overall management and operation of the Airport. The Airport Manager is authorized to take all reasonable actions necessary to protect and safeguard both the Commission property and the public at the Airport and to oversee all Airport operations for compliance with these Rules. The Airport Manager will use reasonable efforts to coordinate tenant activities to avoid conflict and shall submit requests for Special Events to the Commission and recommend approval or disapproval.

FACILITY MANAGER:

The Facility Manager is generally responsible for inspection of the Airport facilities and their upkeep. The Facility Manager's duties and responsibilities are specifically stated in the contract between the Commission and the Facility Manager.

AERONAUTICAL SERVICE PROVIDED TO THE PUBLIC ON THE AIRPORT

8.01	Requirements for Aeronautical Services - No person shall provide any aeronautical services to the public on the airport without having:
8.011	A lease from the County authorizing that person to conduct such activity on the airport and pay the prescribed annual fee.
8.012	A permit issued by the Commission authorizing that person to provide the aeronautical service at the airport. The requirements of this section do not apply to any FAA designated examiner.
8.02	FBOs and permit holders offering aeronautical services shall furnish such services to the public at the airport:
8.021	on a fair, reasonable, and non-discriminatory basis to all users thereof, and
8.022	shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided that reasonable and non-discriminatory discounts, rebates or other similar types of price reduction may be made to volume purchasers.
8.03	Permits shall be issued by the Commission to any person who satisfies the conditions for the aeronautical services listed below:
8.031	Any person providing flight instruction under FAR Part 61 as a part-time business, and having no more than three students at any one time, shall provide the Commission with the following as a condition to the issuance of a permit:
8.0311	Proof of proper and current instructor's license approved by the FAA with appropriate ratings to cover the types of instruction being offered and current medical certificate.
8.0312	Proof of DeKalb County business license if applicable.
8.0313	Proof of aircraft bodily injury and property damage liability insurance in the amount of $1,000,000 limited to $100,000 each passenger, naming the County and the Commission as additional insureds and with no deductible amount. Coverage shall apply to bodily injury or death, passenger injuries including mental anguish and property damage.
8.0314	Current list of names and addresses of the students receiving flight instruction.
8.0315	Pay a permit fee established by the Commission.
8.032	Any person providing aircraft repair and/or inspection services, other than owner-preventive maintenance as defined in FAR Part 43, shall provide the Commission with the aircraft registration number and the following as a condition to the issuance of a permit:
8.0321	Proof of proper and current licenses approved by the FAA with appropriate ratings to cover the types of repairs or inspection work being offered.
8.0322	Proof of DeKalb County business license if applicable.
8.0323	Proof of general liability insurance. This insurance must be written on an "occurrence" basis, responding to claims arising out of occurrences which take place during the policy period. The general liability form shall provide limits of at least the following with no deductible:

$1,000,000 each occurrence for bodily injury & property damage.

$1,000,000 each incident for personal and advertising injury.

$1,000,000 product-completed operation aggregate.

$1,000,000 general aggregate.

The County and the Commission are to be included as additional insureds.

The contractual liability coverage shall include protection for the permit holder from claims arising out of the liability assumed under the indemnification provision of these Rules & Regulations.

Business vehicle liability insurance shall apply to any vehicle, including all owned, hired and non-owned vehicles, to a combined single limit of at least $300,000 each accident. Any statutorily required "No-Fault" benefits and uninsured/underinsured motorist coverage shall be included.

8.0324	Pay a permit fee established by the Commission.
8.033	Any person based outside the boundaries of the airport and providing warranty service to a customer whose aircraft is located on the airport shall provide the Commission with the following as a condition to the issuance of a Permit:
8.0331	Proof of proper and current licenses approved by the FAA with appropriate ratings to cover the types of repairs or inspection work being offered.
8.0332	Proof of DeKalb County business license if applicable.
8.0333	Proof of general liability insurance. This insurance must be written on an "occurrence" basis, responding to claims arising out of occurrences which take place during the policy period. The general liability form shall provide limits of at least the following with no deductible:

$1,000,000 each occurrence for bodily injury & property damage.

$1,000,000 each incident for personal and advertising injury.

$1,000,000 product-completed operation aggregate.

$1,000,000 general aggregate.

The County and the Commission are to be included as additional insureds.

The contractual liability coverage shall include protection for the Permit Holder from claims arising out of the liability assumed under the indemnification provision of these Rules & Regulations.

Business vehicles liability insurance shall apply to any vehicles, including all owned, hired and non-owned vehicles, to a combined single limit of at least $300,000 each accident. Any statutorily required "No-Fault" benefits and uninsured/underinsured motorist coverage shall be included.

8.0334	Pay a permit fee established by the Commission.
8.034	Each permit shall be issued for designated times and dates or a period not to exceed six (6) months based on the contemplated activity, impact on the safety of airport operations, past experience with the requester, current circumstances and the civil aviation needs of the public.
8.035	Itinerant freight or FAR Part 135 passenger operators using the Airport for pickup or deliver of freight or passengers shall pay a fee established by the Commission for such operations.
8.036	Fees for Permits are included in the Commission's policy on fee and rental structure to keep the airport as self-sustaining as possible.

INSURANCE AND HOLD HARMLESS:

9.01	Each Aeronautical Operator shall maintain the applicable types and amounts of insurance described in this paragraph.
9.02	The Aeronautical Operator shall use only responsible insurance companies of recognized standing which are authorized to do business within the State of Indiana. The insurance companies shall have a Best's Rating of at least "B++" and a financial size of "Class VII" or better in the latest edition of Best's Insurance Reports.
9.03	Each Aeronautical Operator shall at the request of the Commission deliver to the Commission copies of all certificates of insurance for Required Insurance, any policy amendments and policy renewals and any additional information related to Required Insurance. Each policy shall require the insurer to provide at least 30 days prior written notice to the Commission of termination or cancellation.
9.04	Each Aeronautical Operator shall submit to the appropriate insurer timely notices and claims of all losses insured under any Required Insurance policy, pursue such claims diligently and comply with all terms and conditions of Required Insurance policies. Each Aeronautical Operator shall promptly give the Commission copies of all notices and claims of loss and any documentation or correspondence related to such losses. Each Aeronautical Operator shall make all policies for Required Insurance, policy amendments and other related insurance documents available for inspection and photocopying by the Commission upon reasonable notice.
9.05	Each Aeronautical Operator shall maintain the following insurance policies as Required Insurance under these Rules:
9.051	Workmen's Compensation and Employers Liability Insurance. This insurance will pay the lessee's obligation under Workmen's Compensation Law of Indiana. Employers liability coverage shall provide limits of at least $100,000 each accident for bodily injury and $100,000 each employee for disease. The total policy limit for disease shall be at least $500,000.
9.052	General Liability Insurance. This insurance must be written on an "occurrence" basis, responding to claims arising out of any occurrences which may take place during the policy period. The general liability form shall provide limits of at least the following with no deductible:

$2,000,000 each occurrence for bodily injury and property damage.

$2,000,000 each incident for personal and advertising injury.

$2,000,000 product-completed operation aggregate.

$2,000,000 general aggregate.

The County and the Commission are to be included as additional insured.

The contractual liability coverage shall include protection for the Aeronautical Operator from claims arising out of the liability assumed under the indemnification provision of these Rules.

9.06	Business Automobile Liability Coverage. Business automobile liability insurance shall apply to any automobile, including all owned, hired and non-owned vehicles, to a combined single limit of at least $1,000,000 each accident. Any statutorily required "No-Fault" benefits and uninsured/ underinsured motorist coverage shall be included.
9.07	Aircraft Liability Insurance. This insurance shall provide aircraft liability, including temporary substitute aircraft and non-owned aircraft liability, to a combined single limit of at least $1,000,000 limited to $100,000 each passenger per occurrence. Coverage shall apply to bodily injury or death and mental anguish, including passenger injuries and property damage.
9.08	Hangarkeeper's Liability Insurance. Hangarkeeper's legal liability coverage shall include protection for those lessees providing hangar storage and/or operating an aircraft maintenance/repair service to a limit of at least $1,000,000 each occurrence.

The County and the Commission are to be included as additional insured.

The contractual liability coverage shall include protection for the Aeronautical Operator from claims arising out of the liability assumed under the indemnification provisions of these Rules.

9.09	Any Person providing an Aeronautical Service to the public at the Airport under the supervision of, or pursuant to an arrangement with, an Aeronautical Operator shall not be required to obtain the insurance described above if the insurance policy or policies of the Aeronautical Operator cover that Person to the same extent and in the same amount as the applicable insurance policy described above for the Aeronautical Operator.
9.10	Insurance for aircraft registered in Indiana shall be in accordance with Code of Indiana, Chapter 8-1-21-3-8, and the minimum coverage shall be as follows:
9.101	$10,000 bodily injury or death of one person.
9.102	$20,000 bodily injury or death of two or more persons.
9.103	$20,000 property damage protection.
9.11	Each Aeronautical Operator agrees to hold the County and the Commission and each of their officers, officials, representatives, agents, employees, successors or assigns harmless from all claims and liabilities (including, without limitation, legal fees) arising out of the use of the DeKalb County Airport.

10.

REPORTING REQUIREMENTS:

10.01	In order to promote and maintain safety at the Airport any pilot, Aeronautical Operator or FBO is encouraged to promptly report to the Commission any bodily injury requiring medical attention, or any damage to property at the Airport, or any other accident, incident, occurrence or unsafe practice relating to any aircraft which any one of the above owns, leases, flies, or any Aeronautical Activity in which any are involved. A report is attached as Exhibit "E." If the accident or incident report is required under NTSB, Part 830, a copy of that information may be submitted to the Airport Manager in lieu of the form in Exhibit "E."
10.02	The following are examples of accidents, incidents, unsafe practices or occurrences that shall be reported promptly to the Airport Manager:
10.021	Aircraft landing off the runway without prior permission from the Commission or the Airport Manager.
10.022	Aircraft breaking runway or taxiway lights.
10.03	The report shall include the following information:
10.031	Location, date and time of incident and the identity of each Person and aircraft involved;
10.032	Nature of any injuries suffered by any Person as a result of the incident and the name and address of any Person injured;
10.033	Nature and extent of any property damage occurring as a result of the incident and the name and address of the owner of the damaged property; and
10.034	A narrative explaining why the incident occurred.

11.

MOTOR CAR TRAFFIC:

11.01	Automobiles shall park only in parking area provided and designed by Commission or an FBO.
11.02	No automobile shall be driven onto the landing area proper without the express permission of the Commission or the Airport Manager or his designated representative.
11.03	Individual aircraft owners and pilots who own or rent spaces at the Airport may drive to their aircraft, as approved and directed by the Commission or the Airport Manager, and may park private vehicles at their own risk on their rented spaces while the aircraft is not at the space. To obtain approval from the Commission or the Airport Manager to operate a private vehicle on the AOA, the owner shall show proof that he has in force automobile liability insurance in the amount of $300,000.00.

12.

PEDESTRIANS, PASSENGERS AND SIGHTSEERS: All pedestrians, air carrier passengers, and sightseers at the Airport shall remain behind the fence off the AOA, or in designated areas, and shall be escorted onto the AOA by the Airport Manager or FBO personnel. FBOs are responsible for safety enforcement on their demised areas.

13.

ADVERTISING SIGNS: No signs or other advertising shall be placed or constructed upon the Airport, Airport entrance roads, or on any building or structure or improvement thereon without the prior written approval from the Commission. All signs or advertising media shall be kept in good repair and neat appearance.

14.

AIRCRAFT OWNER MAINTENANCE:

14.01

Nothing contained herein shall prevent any Person operating aircraft on the Airport from performing any services on its own aircraft, with its own employees, (including, but not limited to maintenance, repair and fueling) which it may wish to perform subject to these Rules. For the purpose of these Rules, an employee is an individual on the normal payroll of the employer (aircraft owner) hired to perform a specific function for that employer. Any aircraft owner utilizing an employee to perform aircraft maintenance shall, at the request of the Commission, provide the Commission evidence of employment in a form acceptable to the Commission.

14.02

All repairs to aircraft or engines other than specified in FAR 43, Preventive Maintenance paragraph A43.c, made by the aircraft owner or Aeronautical Operators shall be made in the spaces or areas designated for such purpose by the Airport Manager or Commission or in the area leased by the Operator and shall not be made on any part of the landing area, taxiways, ramps or fueling and service areas. Reservations for the maintenance spaces can be made with the Airport Manager. See EXHIBIT "A" for designated space location.

15.

SPECIAL EVENTS:

Any Person wishing to sponsor a Special Event shall obtain the prior written approval of the Commission. The Commission shall require such safeguards as it deems necessary to protect the Airport, the County, aircraft using the Airport, and the general public. These requirements may include, but are not limited to, bonds, insurance policies, additional security personnel, facilities and a waiver/authorization to the FARs issued by the FAA. The County is prohibited by the FAA from closing the Airport for any activity which is not an Aeronautical Activity. The Commission may by resolution establish and charge reasonable fees for Special Events.

16.

UNICOM: The UNICOM operator shall be advised of any ground vehicle or aircraft traffic on the air operations area (AOA).

16.01	All ground vehicles are required to obtain clearance from the UNICOM operator before entering any active area of the AOA.
16.02	All ground vehicles must obtain additional clearance before crossing an active runway.
16.03	All ground vehicles are to follow the taxiways while on the AOA unless authorized by the UNICOM operator to travel on the runways.
16.04	Tenants of the Airport and any other persons will be responsible for obeying all traffic rules and vehicular activity on the public and private ramps and aprons.

17.

CONSTRUCTION ON THE AIRPORT:

17.01

Construction contractor's equipment and personnel vehicles will be marked in accordance with the guidelines established in FAA Advisory Circular 150/5370-2C, Operational Safety on Airports During Construction, Section 9 - Vehicles on Airports.

17.02

During periods of construction activity within 125 feet of the runway edge, the Commission requires that a radio operator be on the construction site with a two-way radio. The operator's function is to control and direct the movement of the construction equipment via information from the UNICOM operator.

AIRCRAFT OPERATION

18.

RESPONSIBILITIES:

18.01	Operation of all aircraft at the Airport shall be done in a safe and responsible manner and in compliance with these Rules, the FARs, FAA Advisory Circulars and the requirements of other appropriate governmental agencies. (One copy of each applicable document will be maintained in the pilot briefing room of each Aeronautical Operator.) Each Person operating an aircraft is responsible for the safety of its operation and for the safety of others exposed to such operation.
18.02	Based aircraft shall be registered and insured in accordance with all applicable Federal and State statutes including, without limitations, Chapter 8-21-3 of the Code of Indiana, and local ordinances, as the same may be amended from time to time. A current certificate of insurance shall be maintained on file by the Commission or the Airport Manager for all resident aircraft prior to engine start for purposes of flight. All aircraft that remain in an unflyable condition (out of annual) must carry coverage known as "Ground, not in motion" insurance in an amount of not less than $20,000. The aircraft owner's certificate of insurance shall be made available to the Commission or the Airport Manager upon request. The Commission will be solely responsible for determining when an unflyable aircraft is to be moved from the Airport.
18.03	All aeronautical activities and services for aircraft using the Airport landing facilities will be performed on the Airport. No aircraft will be allowed to taxi or be towed off the Airport for storage, service or to pick up or deliver cargo.

19.

COMMUNICATIONS:

The Airport is served by a Unicom radio which is manned by the FBO. All pilots of aircraft having radio equipment permitting two-way communications should contact the Airport Unicom to obtain Airport advisory information and announce their intentions when within ten miles of the Airport. The pilots are also encouraged to maintain a listening watch on the Unicom frequency 123.0 at the Airport when operating within a 10-mile radius of the Airport. All departing aircraft shall announce on the Unicom their intentions and the runway to be used for departure.

20. UNSAFE AIRPORT CONDITIONS:

In the event the Commission or the Airport Manager determines that conditions at the Airport are unsafe for landings or takeoffs, a NOTAM shall be initiated to close the Airport, or any portion thereof, for a reasonable period of time or until those unsafe conditions can be corrected or no longer exist.

21. REMOVAL OF DAMAGED AIRCRAFT:

In the event any aircraft is wrecked or damaged to the extent that it cannot be moved under its own power, the pilot shall immediately notify the Commission or the Airport Manager, the aircraft owner and the Aeronautical Operator. Subject to governmental investigations and inspection of the wreckage, the owner or pilot of the wrecked or damaged aircraft, or the owner's agent or legal representative, shall as soon as reasonably possible obtain the necessary permission for removal of said aircraft from all landing areas, taxiways, ramps, tie-down areas and all other traffic areas, and park or store said aircraft in an area designated by the Commission or the Airport Manager. If the owner of the aircraft fails for any reason to remove the wrecked or damaged aircraft from the AOA or Airport as requested by the Commission or the Airport Manager, the Aeronautical Operator may cause the removal and storage or disposal of the wrecked or damaged aircraft at the sole expense of the aircraft owner.

22.

AIRCRAFT PARKING: No Person shall park, store, tie-down or leave any aircraft on any area of the Airport other than that which is prescribed by the Commission and is not prohibited by these Rules.

22.01	Aircraft pilots, owners or agents shall properly secure their aircraft while parked or stored. Aircraft pilots, owners or agents are solely responsible for parking and tying down their aircraft, including any special security measures required by weather conditions or other conditions at the Airport. Aircraft pilots, owners or agents shall also be responsible for securing aircraft in a manner necessary to avoid damage to other aircraft or buildings at the Airport in the event of wind or other severe weather. Owners, pilots or agents of all aircraft shall be held solely responsible for any damage or loss resulting from the failure of such owner, pilot or agents of such aircraft to comply with these Rules.
22.02	Each tie-down space being rented on a monthly basis shall be assigned to a specific aircraft. Tie-down spaces shall be designated and assigned by the Commission or the Facility Manager. A person shall not knowingly take or use any aircraft tie-down facility when such facilities are already in actual use by or rented to another person. Tie-down space renters shall not sublease their space.
22.03	All cargo shall be loaded and unloaded in the leased areas of those Aeronautical Operators who provide that aeronautical activity. Any exception to this requirement shall be stated in the Aeronautical Operator's lease.

23.

TRAFFIC PATTERNS:

23.01	All aircraft operating into and out of the Airport shall follow the posted noise compatibility procedures for flying over noise-sensitive areas. All aircraft shall follow the approved Airport traffic pattern which has been established to minimize operations over noise-sensitive areas. See EXHIBIT "B".
23.02	Traffic pattern altitude for the Airport is 800 feet AGL for single engine, 1000 feet AGL for multi-engine piston aircraft, and 1500 feet AGL for turbine aircraft.
23.03	Traffic pattern is standard left hand for the runway.
23.04	No turn shall be made after take-off until the airport boundary has been reached and the pilot has attained an altitude of at least four hundred (400) feet.
23.05	Helicopter traffic pattern is 500 feet AGL standard right-hand pattern. Air taxiing is permitted only over runways, ramps and taxiways. Helicopter operators shall operate so as to minimize rotor downwash on the ramp or they shall be required to be towed to the taxiway before starting the engine.
23.06	Glider and sailplane traffic pattern is standard left hand.
23.07	All takeoffs or landings by powered aircraft shall only be on the paved runways unless otherwise directed by the Commission or the Airport Manager.
23.08	All taxiing to and from the runways shall be on the paved taxiways or taxilanes.

24.

FIRE PREVENTION: The authority for all fire prevention at the Airport shall be the State and Local Fire Code and the current edition of NFPA 407 including all NFPA Standards referenced in 407.

24.01	No aircraft shall be fueled or defueled while its engine is running or while in a hangar or other enclosed place. Fueling or defueling shall be done in such a manner and with such equipment that adequate connections for electrical grounding and bonding shall be continuously maintained.
24.02	The cleaning of engines or other parts of aircraft shall not be carried on in any hangar except with nonflammable substances. If flammable liquids are employed for this purpose, the operation shall be carried on outside in the open air in designated spaces. Flammable liquids shall be stored in Underwriters Laboratory (U.L.) approved containers. All aircraft painting shall be done in accordance with safety procedures approved in writing by the Commission.
24.03	All hangar and shop floors shall be kept clean and free of oil, gas and other flammable substances. No volatile, flammable solvent shall be used for cleaning floors. No rags soiled with flammable substances shall be kept or stored in any building on the Airport in such manner as to create any fire hazard.
24.04	No person shall smoke or produce any open flame anywhere within a hangar, building or structure in which any aircraft may be stored, or in which any gas, oil or flammable substance is stored, or within 50 feet of any aircraft or any fueling facility, except in a designated smoking area. When heaters and open flames (acetylene torches for heating components, welding or soldering) and arc welding equipment are being used in the maintenance hangars, the Aeronautical Operator must adhere to State and local fire codes.
24.05	Any Person using the Airport area or the facilities of the Airport in any way shall exercise the utmost care to guard against fire and injury to persons or property.
24.06	Fuel services shall be administered by an authorized FBO attendant using the proper safety equipment. Individuals or Aeronautical Operators refueling their own aircraft from their own containers shall conduct such operations only in designated areas (see EXHIBIT "C") using the approved equipment and procedures.
24.07	Any aircraft owner may self-fuel his own aircraft after obtaining a self-fueling permit from the Commission or the Airport Manager. Procedures for obtaining a self-fueling permit are contained in EXHIBIT "D". Those aircraft owners who have obtained a self-fueling permit will adhere to the following rules governing self-fueling:
24.071	All aircraft shall be fueled in the area designated by the Commission for self-fueling. This area will be maintained by the Airport Manager or the Facility Manager who will provide and maintain fire extinguishers, grounding and bonding cables.
24.072	Both the approved fueling equipment and the fuel shall be brought to the designated self-fueling area when fueling is to be accomplished. A current self-fueling permit must be available for inspection upon request by the Airport Manager or the Facility Manager.
24.08	The following general rules shall be followed in connection with the fueling of any aircraft:
24.081	Portable fire extinguisher shall be in vicinity of the fueling operation.
24.082	All self-fueling shall be performed in the designated area for fueling and not on the ramps or outside parking areas. Fueling in hangars is prohibited.
24.083	Applicable aircraft bonding and grounding requirements shall be followed.
24.084	All funnels and fueling apparatus shall be metal and shall be bonded to the aircraft.
24.085	Fueling personnel shall not carry lighters or matches on their person while engaged in fuel-servicing operations.
24.086	Where applicable, all electrical equipment used in the fueling operation shall be U.L. approved and all equipment shall be approved by the State Fire Marshall's local office.
24.087	Comply with requirements of the State and Local Fire Code and the current edition of NFPA 407 including all NFPA Standards referenced in 407.

25.

FLYING CLUBS:

All flying clubs desiring to base their aircraft and operate on the Airport must comply with the applicable provisions of these Rules. However, they shall be exempt from regular aeronautical operator requirements upon satisfactory fulfillment of the conditions contained herein.

25.01	The club shall be a non-profit entity (corporation, association or partnership organized for the purpose of providing aircraft for its members for their personal use and enjoyment only. The ownership of aircraft must be vested in the name of the flying club (or owned ratably by all of its members). The property rights of the members of the club shall be equal and no part of the net earnings of the club will inure to the benefit of any member in any form (salaries, bonuses, etc.). The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance, and replacement of its aircraft.
25.02	Flying clubs may not offer or conduct charter, air taxi, or rental of aircraft operations. They may not conduct aircraft flight instruction except for regular members, and only members of the flying club may operate the aircraft. No flying club shall permit its aircraft to be utilized for giving flight instruction to any person, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instructions, except when instruction is given by a lessee based on the Airport who provides flight training. Any qualified mechanic who is a registered member and part owner of the aircraft owned and operated by a flying club shall not be restricted from doing maintenance work on aircraft owned by the club, and the club does not become obligated to pay for such maintenance work except that such mechanic and instructors may be compensated by credit against payment of dues or flight time.
25.03	All flying clubs and their members are prohibited from leasing or selling any goods or services whatsoever to any person or firm other than a member of such club at the Airport except that said flying club may sell or exchange its capital equipment.
25.04	The flying club, with its initial application, shall furnish the Commission a copy of its charter and by-laws, articles of association, partnership agreement or other documentation supporting its existence; a roster, or list of members, including names of officers and directors, to be revised on a semi-annual basis; evidence of insurance in the form of a certificate of insurance with a limit of One Hundred Thousand Dollars ($100,000.00) per person for personal injury and property damage and a total limit of One Million Dollars ($1,000,000.00), with the County and the Commission as additional named insured; number and type of aircraft; evidence that aircraft are properly certificated; evidence that ownership is vested in the club and operating rules of the club. The books and other records of the club shall be available for review at any reasonable time by the Commission. The flying club shall make annual certifications to the Commission that its insurance is in force, and the Commission may require certificates at other times to confirm that adequate insurance is in force.
25.05	A flying club must abide by and comply with all Federal, State and local laws, ordinances, regulations and the Rules.
25.06	A flying club which violates any of the foregoing, or permits one or more members to do so, will be required to terminate all operations.

26.

ULTRALIGHT VEHICLES:

26.01	All ultralight vehicles using the Airport must be equipped with a radio capable of sending and receiving the UNICOM frequency of 123.000.
26.02	Before operating from the Airport, the ultralight pilot shall be briefed on airport policy, traffic pattern procedures and population areas to be avoided.
26.03	Ultralight vehicle operators shall maintain a minimum $100,000 combined single limit insurance policy. Operators shall provide proof of insurance upon request of the Commission, Airport Manager or the Facility Manager.

27.

AERIAL ADVERTISING - BANNER TOWING: Any Person wishing to use the Airport to pick up or drop an aerial advertising banner shall obtain the prior written approval of the Commission. The Commission shall require such safeguards as it deems necessary to protect the Airport, aircraft using the Airport and the general public. These requirements may include, but are not limited to, bonds, insurance policies, additional security personnel, facilities and waivers/authorizations to the FARs issued by the FAA. The Commission may establish and charge reasonable fees for this activity.

28.

PARACHUTE JUMPING: Persons wishing to use the Airport for a parachute drop area shall obtain the prior written approval of the Commission as required by FAR 105.17. The Commission shall require such safeguards as it deems necessary to protect the Airport, aircraft using the Airport and the general public. These requirements may include, but are not limited to, bonds, insurance policies, additional security personnel, facilities and waivers/authorizations to the FARs issued by the FAA. The Commission may establish and charge reasonable fees for this activity.

29.

GLIDER/SAILPLANE OPERATIONS: Any Person wishing to use the Airport to launch and recover gliders or sailplanes, motorized or non-motorized, shall obtain written permission from the Commission in advance of the operations. This will require advance coordination due to the need for additional personnel and equipment on the Airport to launch and recover the gliders and/or sailplanes. The Commission shall require such safeguards as it deems necessary to protect the Airport, aircraft using the Airport and the general public. These requirements may include, but are not limited to, bonds, insurance policies and additional security personnel. The Commission may establish and charge reasonable fees for this activity.

30.

ASSIGNED AREAS: No person authorized to operate on or conduct business activities at the Airport shall conduct any of its business activities, or park any aircraft, on any areas except those specified in the lease or written agreement. No aeronautical operator shall occupy any common use areas except as authorized by these Rules or by the Commission.

31.

HANDLING AND STORING HAZARDOUS ARTICLES AND MATERIALS: The DeKalb County Airport is not a cargo-handling agent at the Airport. Hazardous cargo, including explosives, corrosives and radioactive materials are handled, stored, and transported to and from the Airport by the air carrier in accordance with the hazardous cargo specifications adopted by their company, in accordance with applicable Federal Regulations.

32.

COMPLIANCE WITH SAFETY AND ENVIRONMENTAL RULES AND REGULATIONS: All users of the Airport shall comply with all safety and environmental Rules and Regulations adopted by the Commission. A copy of such Rules and Regulations as currently in force shall always be available at the office of the Airport Manager or Facility Manager.

INFRACTIONS AND ENFORCEMENT

33.

INFRACTION DEFINED:

Infraction means any of the following:

33.01	A violation of these Rules.
33.02	In the case of an FBO, a violation of the FBO Lease or giving false or inaccurate information to the Commission or the Airport Manager in connection with the FBO Lease.

34.

EFFECT OF INFRACTION:

Any Infraction by any Person shall result in termination of the contract or agreement under which such person is operating. Upon termination, such Person shall not be eligible for a new contract or agreement for a minimum period of six (6) months.

35.

NOTICE OF INFRACTION AND TERMINATION:

The Commission, acting through the Airport Manager or another whom it may designate from time to time, shall give notice of termination by sending a letter by certified mail to the Person at the address listed upon the relevant contract or agreement, or at the option of the Commission to the person's last known address.

36.

HEARINGS:

Any Person whose contract or agreement shall hereafter terminate may request a hearing thereon before the Commission provided such request is made in writing and received by the Airport Manager within ten (10) calendar days of the date of the Commission's notice of termination to such Person. The Commission shall mail notice of the date, time and location of such hearing to the Person requesting same and such notice shall be mailed at least five (5) days in advance of such hearing date. At the hearing, the Party requesting the hearing may appear, may be represented by counsel and may present evidence. Upon completion of the hearing, the Commission shall affirm, revoke or modify the termination and shall give prompt written notice of its action to the Person requesting the hearing. Any determination of the Commission adverse to the Person requesting the hearing shall be subject to appeal in accordance with the then applicable laws of the State of Indiana.

MISCELLANEOUS

37.

SEVERABILITY:

In the event that any provision of these Rules shall for any reason be determined to be invalid, illegal or unenforceable in any respect, the other provisions of these Rules shall remain in full force and effect.

38.

EFFECTIVE DATE:

These Rules shall be effective thirty days following the date of the approval by The Board of Commissioners of DeKalb County, State of IN.

APPROVED ON June 22, 1998 by The Board of Commissioners of DeKalb County, State of Indiana.

EXHIBIT A

Location of designated areas for self-maintenance.

EXHIBIT B

Traffic pattern pictorial.

EXHIBIT C

Location of self-fueling area.

EXHIBIT D

PROCEDURES FOR OBTAINING A SELF-FUELING PERMIT

Any Person wishing to supply and dispense fuel into its own aircraft on the Airport must do so using its own employees and its own equipment, and it must obtain a self-fueling permit from the Airport Manager. Applications for self-fueling permits are available at the Airport Manager's office. The procedure for obtaining a self-fueling permit is as follows:

a.	Submit a completed self-fueling application to the Airport Manager with the required approvals shown below in paragraphs b. & c. together with a check for the fee.
b.	Complete the approved self-fueling training course conducted by the Commission's designated Fire Officer.
c.	Obtain approval from the Fire Marshall for equipment to be used in the self-fueling operation.
d.	The Commission reserves the right to require general liability insurance coverage based on type of fueling equipment to be used.
e.	Pay the annual permit fee of $50.00 and a flowage fee for each gallon over 500 pumped per year. EXHIBIT E ACCIDENT REPORTING FORM DEKALB COUNTY AIRPORT In accordance with the accident reporting provisions of the Rules governing the operation of the DeKalb County Airport, it is mandatory to report any damage to public property and any injury requiring medical attention. Damage to privately owned property located within the confines of the Airport is to be reported to the owner. The Airport Manager may assist in contacting the owner. This form is for local Airport usage and does not replace the reporting requirements of NTSB-830 with regard to aircraft accidents and incidents. A copy of a Federal accident report may be submitted in lieu of this report. - - - - - - - - - - - - - - - - - - - - -

Name of person

____________________________________________Age_________

Address

________________________________________________________

Phone (H)_______________________(W)___________________________

Date and time of occurrence____________________________________

Nature and extent of injuries

________________________________________________________

Description of accident/injury_________________________________

________________________________________________________

_______________________________________________________

Name of doctor or hospital____________________________________

Kind of property and extent of damage (use reverse for vehicles and aircraft)

_______________________________________________________

Name of owner__________________________________________

Address_______________________________________________________

_______________________________________________________

Phone (H)_______________________(W)___________________

Date reported to police_____________

Report number__________________

Name of police department__________________________

Weather condition(s)__________________________________________

Vehicle/Aircraft identification (number 1)

Name of owner_________________________________________

Address_________________________________________________

_______________________________________________________

Phone (H)___________________(W)_____________________

N Number (or TAG & state)______________________________

Year & Make

Model ____________________________________________

Serial number

(VIN)___________________________________________________

Vehicle/Aircraft identification (number 2)

Name of owner__________________________________________

Address________________________________________________

_______________________________________________________

Phone (H)__________________ (W)___________________

N Number (or TAG & state)_____________________________

Year & Make

Model_________________________________________________

Serial number

(VIN)___________________________________________________

Name of Witness

_______________________________________________________

Address_________________________________________________

_______________________________________________________

Phone (H)____________________(W)_____________________

Name of Witness

_______________________________________________________

Address________________________________________________

_______________________________________________________

Phone (H)____________________(W)______________________

Remarks or additional information______________________

_______________________________________________________

10.

Signature__________________________Date________________

ARTICLE 3
AIRPORT MINIMUM STANDARDS

30-3

1. TITLE:

This Ordinance may be cited as the Airport Standards Ordinance No. 98-8 of the DeKalb County Aviation Board Code of Ordinances.

AUTHORITY:

This Ordinance is created pursuant to authority granted by Indiana Statute I.C. 8-22-3-11.

PURPOSE:

This Ordinance is intended to insure adequate aeronautical services and facilities and to foster the economic health and orderly development of aeronautical operations by specifying minimum standards and requirements for aeronautical services and related activities at the Airport.

DEFINITIONS:

As used in this chapter, the following words and phrases have the meanings indicated:

4.01	"Aeronautical activity" means any activity which involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations.
4.02	"Airport" means DeKalb County Airport.
4.03	"Board" means the DeKalb County Aviation Board.
4.04	"Commercial activity" means to provide or offer to provide goods, services, or entertainment in return for financial remuneration or remuneration in kind, or a promise or financial remuneration or remuneration in kind, or to accept or agree to accept financial remuneration or remuneration in kind for the provision of goods, services, or entertainment.
4.05	"Airport Manager" means the DeKalb County Board of Aviation Commissioners or person employed by the Commission to manage the Airport.
4.06	"Minimum standards" means the qualifications which are established herein by the Board as the minimum requirements to be met as a condition for the right to conduct a commercial activity on the Airport.
4.07	"Operator" means any person, firm, corporation, or other organization of persons or corporations conducting or intending to conduct commercial aeronautical services or activities at the Airport.

ADMINISTRATION AND POLICY OVERSIGHT:

5.01	Administration of the terms of this Ordinance shall be by the Airport Manager and staff of the Board.
5.02	Policy making aspects of this Ordinance shall be performed by the Airport Manager with ultimate authority residing in the Board.

ENFORCEMENT:

The Airport Manager shall enforce the provisions of this Ordinance and may call upon the Public Safety Law Enforcement of the Board for such assistance as the Airport Manager may from time to time require.

EVIDENCE OF QUALIFICATIONS:

Any operator seeking to conduct business activities at the Airport must present evidence that it is qualified and has the necessary experience and financial resources to perform the intended aeronautical activity or service. At a minimum, the following information must be submitted at the time of application:

7.01	Name of principals and/or holding company.
7.02	Intended scope of operation.
7.03	Building space to be constructed or leased.
7.04	Amount of land to be leased.
7.05	Number of aircraft to be provided.
7.06	Number of persons to be employed.
7.07	Hours of proposed operation.
7.08	Types of insurance coverage to be maintained.
7.09	Evidence of financial responsibility to perform and provide the proposed services and facilities.
7.10	Statement of past work experience in conducting the intended aeronautical operation.

PLAN REVIEW:

Operators seeking to conduct business activities or actually conducting such activities at the Airport shall not proceed with any construction or remodeling on the Airport premises without first obtaining advance written approval of plans and specifications from the Airport Manager and Airport Board.

CONDUCT OF BUSINESS:

Each Operator shall conduct its business in a manner that will reflect credit upon the business enterprise and the Board; keep all facilities in a satisfactory condition; comply with all laws, rules, and regulations of the County of DeKalb, the State of Indiana, and the Federal Government; accord all patrons courteous treatment; and offer and provide its services and employment opportunities without regard to race, creed, national origin, gender, handicap, and other Indiana statutory Civil Rights criteria.

Each lease and contract for business at the Airport entered into by the Board shall include each of the following provisions as are required by State and Federal governments:

9.01	Fair and non-discriminatory provisions.
9.02	Affirmative action assurances.
9.03	Civil rights assurances.
9.04	Non-exclusive rights provisions.
9.05	Other mandated provisions.

10.

INSURANCE:

Each Operator shall procure and keep in force at all times during the term of any lease, at it's expense, public liability insurance in such amounts as the Airport Manager shall specify, in writing, from time to time; and any other insurance coverage, based on services to be provided, that the Airport Manager deems appropriate.

11.

AUTO PARKING, PAVED WALKWAY AND AIRCRAFT APRON:

Each Operator shall provide paved auto parking within the leased area to accommodate at least ten vehicles; a paved walkway to accommodate pedestrian access to the Operator's office; and a paved aircraft apron and/or taxiway between the Operator's building and the Air Operations Area.

12.

PERSONNEL:

Each Operator shall have in its employ, and on duty during required operating hours, trained personnel in such numbers as are required to meet the minimum standards in an efficient manner for each aeronautical service being performed. Each Operator shall insure that at least one employee is in attendance in the office at all times during operating hours.

13. SPILL PLAN:

Operators dealing directly with fuel, chemicals, or other products considered by Federal, State, or local authorities to be pollutants or hazardous shall provide a fuel and/or chemical spill plan for approval by the Airport Manager and appropriate environmental agencies.

14.

LEASE REQUIRED:

Operators shall not engage in any commercial activity or service on the premises of the Airport without first obtaining a lease from the Board in accordance with specifications established by the Board.

15.

SUBLEASING:

An Operator subleasing from another Operator on the Airport shall meet all the minimum standards for the category(s) of services to be furnished except for the lease of land and facilities. All subleases and sublessees must be approved by the Board prior to operation.

Any Operator subleasing an activity to another Operator shall not enter into that same activity until such approved sublease is terminated.

16.

AUTHORIZED ACTIVITY:

An Operator shall not engage in any commercial activity not specifically authorized by the lease.

17.

MINIMUM STANDARDS FOR AIRCRAFT SALES OPERATIONS:

17.01	As used in this section, "aircraft sales operator" means a fixed base operator engaged in the sale of new or used aircraft and who provides such repair, services and parts as necessary to meet any guarantee or warranty on new or used aircraft sold.
17.02	An aircraft sales operator shall lease from the Airport not less than 20,000 square feet of ground space for outside display and storage of aircraft; on which shall be erected a building with at least 3,600 square feet of floor space for aircraft storage and at least 700 square feet of floor space for office, customer lounge and restrooms.
17.03	An aircraft sales operator shall provide satisfactory arrangements for repair and servicing of aircraft for the duration of any sales guarantee or warranty period. Servicing facilities may be provided through written agreement with a repair shop operator at the Airport. Aircraft sales operators shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted. An aircraft sales operator who is engaged in the business of selling new aircraft shall have available or on call at least one fully-assembled demonstrator aircraft.
17.04	The premises of each aircraft sales operator shall be open and services available a minimum of eight hours daily, five days a week.
17.05	Aircraft sales operator shall maintain in full force and effect aircraft liability insurance in an amount specified from time to time by the Board.
17.06	Each aircraft sales operator shall employ, and have on duty during business hours at least one person having a current commercial pilot certificate with single-engine rating and instructor rating except that if multi-engine aircraft are being sold by an aircraft sales operator, the pilot must have a multi-engine rating as well.

18.

MINIMUM STANDARDS FOR AIRCRAFT POWERPLANT AND AIRFRAME MAINTENANCE AND REPAIR OPERATIONS:

18.01	As used in this section, "repair operator" means an aircraft engine and airframe maintenance and repair operator who is a fixed base operator providing one or a combination of airframe and powerplant overhaul and repair services at the Airport.
18.02	A repair operator shall lease from the Airport not less than 20,000 square feet of ground space; on which shall be erected a building with at least 4,800 square feet of floor space for airframe and powerplant overhaul and repair services, and at least 600 square feet of floor space for office, customer lounge and restrooms.
18.03	Each repair operator shall provide sufficient equipment, supplies and parts required for certification by the Federal Aviation Administration as an approved repair station.
18.04	The premises of each repair operator shall be open and services available a minimum of eight hours daily, five days a week.
18.05	Each repair operator shall maintain in full force and effect an insurance policy providing for hangar keepers' liability in an amount specified from time to time by the Board.
18.06	Each repair operator shall have on duty during business hours at least two trained personnel, one of whom shall be currently certified by the Federal Aviation Administration with rating appropriate to the work being performed and an aircraft inspector's rating.

19.

MINIMUM STANDARDS FOR AIRCRAFT LEASE AND RENTAL OPERATIONS:

19.01	As used in this section, "aircraft lease or rental operator" means a fixed base operator engaged in the lease or rental of aircraft at the Airport.
19.02	An aircraft lease or rental operator shall lease from the Airport not less than 20,000 square feet of ground space; on which shall be erected a building with at least 4,800 square feet of floor space for aircraft storage and at least 700 square feet of floor space for office, customer lounge and restrooms.
19.03	Each aircraft lease or rental operator shall have available for rental, either owned by or under written lease to aircraft rental operator, not less than two certified and airworthy aircraft; one of which must be a four-place (minimum) aircraft; one of which must be equipped for and capable of flight under instrument conditions.
19.04	Each aircraft lease or rental operator shall maintain in full force and effect aircraft liability insurance and student and renters' liability in amounts specified from time to time by the Board.
19.05	The premises of each aircraft lease or rental operator shall be open and services available a minimum of eight hours daily, six days a week.
19.06	Each aircraft lease or rental operator shall have on duty during business hours at least one person having a current commercial pilot certificate with appropriate ratings including instructor rating.

20.

MINIMUM STANDARDS FOR FLIGHT TRAINING OPERATIONS:

20.01	As used in this section, "flight training operator" means a fixed base operator engaged in flight training and ground school instruction preparatory to taking written examinations and flight checks for the categories of pilots' licenses and ratings involved.
20.02	A flight training operator shall lease from the Airport not less than 20,000 square feet of ground space; on which shall be erected a building with at least 4,800 square feet of floor space for aircraft storage and at least 1,000 square feet of floor space for office, classroom, briefing room, pilot lounge and restrooms.
20.03	Each flight training operator shall have available for use in flight training, either owned by or under written lease to flight training operator, not less than three certified and airworthy aircraft; one of which must be a four-place (minimum) aircraft, and one of which must be equipped for and capable of instrument flight instruction.
20.04	Each flight training operator shall maintain in full force and effect aircraft liability insurance and student and renters' liability in amounts specified from time to time by the Board.
20.05	The premises of each flight training operator shall be open and services available a minimum of eight hours daily, six days a week.
20.06	Each flight training operator shall employ at least two full-time flight instructors who have been properly certified by the Federal Aviation Administration to provide the type of training offered; as a minimum, one shall be on duty during business hours, and one shall be available on call.

21.

MINIMUM STANDARDS FOR AIRCRAFT FUELS AND OIL SERVICES OPERATIONS:

21.01	As used in this section, "fuels and oil services operator" means a fixed base operator providing the sale and delivery of recognized brands of aviation fuels, lubricants and other aviation petroleum products; servicing of aircraft; ramp assistance; parking, storage and tie down of aircraft within the leased area.
21.02	A fuels and oil services operator shall lease from the Airport not less than 30,000 square feet of ground space; on which shall be erected a building with at least 4,800 square feet of floor space for aircraft storage and at least 800 square feet of floor space for office, customer lounge and restrooms.
21.03	Each fuels and oil services operator shall:
21.031	provide a minimum of 30,000 gallons aggregate fuel storage in grades "avgas and jet fuel," as closely related as possible to the popular demand of Airport users;
21.032	maintain an adequate supply of fuel on hand at all times;
21.033	provide filter-equipped fuel dispensers with separate dispensing pumps and meter systems for each grade of fuel;
21.034	provide aircraft cabin services and minor repair services that can be performed efficiently within the leased premises;
21.035	procure and maintain tools, jacks, towing equipment, tire repair equipment, starters, heaters, fire extinguishers, and passenger loading steps as appropriate and necessary for the servicing of aircraft using the Airport;
21.036	and maintain and operate all equipment in accordance with Federal, State, and local codes.
21.04	Each fuels and oil services operator shall maintain in full force and effect hangar keepers' liability insurance, motor vehicle liability insurance and products liability insurance in amounts specified from time to time by the Board.
21.05	The premises of each fuels and oil services operator shall be open and services available from sunrise to sunset, seven days a week, as a minimum, and shall provide on-call aircraft servicing during all other hours.

22.

MINIMUM STANDARDS FOR RADIO, INSTRUMENT AND PROPELLER REPAIR OPERATIONS:

22.01	As used in this section, "repair station operator" means a fixed base operator engaged in the sale and repair of aircraft radios, propellers, instruments, and accessories, or any of the foregoing, at the Airport. Each repair station operator shall hold appropriate repair shop certificates issued by the Federal Aviation Administration.
22.02	A repair station operator shall lease from the Airport not less than 20,000 square feet of ground space; on which shall be erected a building with at least 3,600 square feet of floor space to accommodate at least one aircraft and to provide an office, shop, customer lounge and restrooms.
22.03	Each repair station operator shall maintain in full force and effect hangar keepers' liability insurance and products liability insurance in amounts specified from time to time by the Board.
22.04	The premises of a repair station operator shall be open and services available a minimum of eight hours daily, five days a week.
22.05	Each repair station operator shall have on duty during business hours at least two persons, at least one of whom shall be currently certified by the Federal Aviation Administration as a radio, instrument or propeller repairman.

23.

MINIMUM STANDARDS FOR SPECIALIZED COMMERCIAL FLYING OPERATIONS:

23.01	As used in this section, "specialized commercial flying services operator" is a fixed base operator providing the use of aircraft for activities such as:
23.011	nonstop sightseeing flights that begin and end at the same airport with a 25-mile radius of the Airport;
23.012	crop-dusting, seeding and spraying;
23.013	aerial advertising;
23.014	aerial photography or survey;
23.015	firefighting;
23.016	power line or pipeline patrol;
23.017	any other operation specifically excluded from Part 135 of the Federal Aviation Regulations or other sections of this chapter.
23.02	Because of the variation in services performed, the land, building and insurance requirements will be negotiated by the prospective Operator and the Airport. Such requirements shall be appropriate to the activity proposed.
23.03	A specialized commercial flying services operator engaged in performing services such as crop-dusting, aerial application or other services involving commercial use of chemicals shall provide a centrally drained and paved area of not less than 10,000 square feet for aircraft loading, washing and servicing. This area must be constructed to meet all current requirements of Federal, State and local agencies. The specialized commercial flying services operator shall provide for the safe storage and containment of chemical materials, tank trucks for the handling of liquid spray and mixing liquids and adequate ground equipment for safe handling and loading of dusting materials.
23.04	Each specialized commercial flying services operator shall provide, either owned by or under written lease to the specialized commercial flying services operator, not less than one certified and airworthy aircraft meeting all Federal and State requirements and regulations with respect to the type of operation to be performed.
23.05	Each specialized commercial flying services operator must provide, by means of an office or a telephone, a point of contact for the public desiring to utilize the services of a specialized commercial flying services operator.
23.06	Each specialized commercial flying services operator shall have at least one employee who shall have a current commercial pilot certificate and be properly rated for the aircraft to be used and type of operation to be performed.

24.

MINIMUM STANDARDS FOR CERTAIN COMMERCIAL AIR CARRIER OPERATIONS:

24.01	As used in this section, a commercial air carrier is an air taxi or charter operator providing on-demand, nonscheduled air transportation services at the Airport.
24.02	A commercial air carrier shall lease from the Airport not less than 20,000 square feet of ground space; on which shall be erected a building with at least 900 square feet of floor space for office, customer lounge and restrooms.
24.03	Each commercial air carrier shall provide, either owned by or under written lease to the carrier, not less than one certified and airworthy single-engine, four-place aircraft and one multi-engine aircraft, both of which may be equipped for and capable of flight under instrument conditions.
24.04	Each commercial air carrier shall maintain in full force and effect aircraft liability insurance in amounts specified from time to time by the Board.
24.05	The premises of each commercial air carrier shall be open and services available a minimum of eight hours daily, five days per week and shall provide on-call service during other hours.
24.06	Each commercial air carrier shall have on duty during business hours at least two personnel, one of whom, as a minimum, shall have a current commercial pilot certificate with appropriate ratings.

25.

MINIMUM STANDARDS FOR CERTAIN MULTIPLE SERVICES OPERATIONS.

25.01	As used in this section, a multiple services operator is a fixed base operator and/or commercial air carrier providing two or more services for which minimum standards have been provided at the Airport. A multiple services operator may select any combination of aeronautical services. The minimum requirements will depend upon the nature of the individual services in such combination but will not necessarily be cumulative.
25.02	Each multiple services operator shall lease from the Airport not less than 30,000 square feet of ground space; on which the multiple services operator shall erect a building with at least 4,800 square feet of floor space for aircraft storage and at least 1,000 square feet of floor space for office, customer lounge and restrooms. However, if the multiple services operator is engaged only in repair shop services, the Operator shall lease not less than 20,000 square feet of ground space; on which shall be constructed a building of at least 3,600 square feet of floor space for repair operations and at least 500 square feet of floor space for office, customer lounge and restrooms.
25.03	If flight training is one of the services offered, the multiple services operator shall provide classroom and briefing room facilities in the building.
25.04	Each multiple services operator shall provide the equipment and services required and comply with the aircraft requirements for each aeronautical service to be performed. A multiple services operator, except if performing a combination of multiple services for which aircraft are not required, shall have available for use, either owned by or under written lease to Operator, not less than three certified and airworthy aircraft.
25.05	Each multiple services operator shall obtain, as a minimum, that insurance coverage which is equal to the highest individual insurance requirement of all the aeronautical services being performed by the Operator.
25.06	Each multiple services operator shall adhere to the hours of operation required for each aeronautical service being performed.
25.07	Each multiple services operator shall have on duty during business hours such numbers of personnel as are required to meet the minimum standards for each aeronautical service performed provided, however, multiple responsibilities may be assigned to employees where feasible.

26.

MINIMUM STANDARDS FOR FLYING CLUB OPERATIONS:

26.01	As used in this section, a "flying club" is an organization of three or more persons who join together for the purpose of sharing the cost of ownership, operation, and maintenance of all its aircraft based at the Airport.
26.02	Each flying club must be a non-profit corporation or partnership, and each member must be a bona fide owner of the aircraft. The club will maintain a current list of all members with addresses, telephone numbers and investment share held by each member.
26.03	When requested by the Airport Manager, a flying club will make available for inspection club membership lists, club bylaws and rules and a listing of club aircraft models and registration numbers.
26.04	A flying club's aircraft shall not be used by other than bona fide members for rental and by no one for hire. Student instruction may be given in club aircraft to club members provided such instruction is given on a non-commercial basis or by a fixed base operator providing flight training under written lease with the Board in accordance with Board Ordinances.

27. PENALTIES:

The following penalties shall apply for violation of this Ordinance, as specified:

27.01	For any violation of the DeKalb County Aviation Board Codes of Ordinances, and amount not less than twenty-five dollars ($25.00), nor more than one thousand dollars ($1,000.00). Each day that an offense continues shall be considered a separate offense.
27.02	A violation of any section in the DeKalb County Aviation Board Code of Ordinances shall be considered a material breach of the covenants contained in any lease between DeKalb County Aviation Board and the Operator and shall cause the cancellation thereof as provided under the terms of said lease agreement.

28.

EFFECTIVE DATE:

These Rules shall be effective thirty days following the date of the approval by The Board of Commissioners of DeKalb County, State of IN.

APPROVED ON June 22, 1998 by The Board of Commissioners of DeKalb County, State of IN.

ARTICLE 4
AIRPORT LAYOUT PLAN

30-4

WHEREAS, DeKalb County has a County Airport governed by the DeKalb County Board of Aviation Commissioners,

WHEREAS, a twenty year layout development plan is required by the Federal Aviation Authority,

WHEREAS, an update of the DeKalb County Airport Layout Plan is now needed due to construction of the new terminal facility and have been approved by the DeKalb County Board of Aviation Commissioners.

NOW, THEREFORE, be it hereby resolved that the DeKalb County Commissioners of DeKalb County, Indiana, hereby approve the Airport Layout Plan for the DeKalb County Airport designed by Butler, Fairman and Seifert, Inc., Airport Engineers at Indianapolis, Indiana, dated May 11, 1995, with thirteen layout sheets including layout plan maps, as signed by Donald V. Manley, Registered Engineer No. 18852, and this Resolution be spread of record in the record book of the DeKalb County Auditor for County Ordinances and Resolutions.

(Res. 96-1, passed February 26, 1996)

Chapter 1
Airport-Authorizing Appropriation
and Issuance and Sale of Bonds

30-4-1

Airport-Authorizing Appropriation and Issuance and Sale of Bonds. WHEREAS, the DeKalb County Council of DeKalb County, Indiana, on May 15,1963, adopted the following resolution to wit:

"BE IT RESOLVED BY THE COUNTY COUNCIL OF THE COUNTY OF DEKALB THAT:

This council favors the acquisition, improvement, operation or maintenance of an airport or landing field for the county of DeKalb, under the provisions of Chapter 190 of the Acts of the General Assembly of this state (1945) an amended, and declares the necessity for the same.

This resolution shall take effect upon the adoption thereof."

WHEREAS, The Board of Aviation Commissioners of the Department of Aviation of the County of DeKalb forwarded to the DeKalb County Council and the Board of Commissioners of the County of DeKalb, a copy of the comprehensive plan for the establishment of the new airport in DeKalb County, Indiana, and requests the Board of Commissioners of the County of DeKalb

and the DeKalb County Council to appropriate and provide funds in the amount of $175,000.00 to be applied on the cost of acquisition and improvement of land as a site for a new county airport and the construction and equipment of such airport, including, but not limited to hangars, administration building, hard surfaced runways, taxi-ways and aprons, lighting and other appurtenances and facilities and on the incidental expenses in connection therewith.

WHEREAS, a petition has been filed by the owners of taxable real estate, in DeKalb County requesting the County Council to authorize the issuance of bonds of the County in an amount not exceeding the sum of one Hundred Seventy-five Thousand Dollars ($175,000.00 ) for the purpose of procuring funds to be applied on the cost of acquisition and improvement of land as a site for a new county airport and the construction and equipment of such airport, including but not limited to hangars, administration building, hard-surfaced runways, taxi-ways and aprons, lighting and other appurtenances and facilities and on the incidental expenses in connection therewith, and the Council has found said petition to be in due form of law and to comply in all respects to the requirements of Section 64-1910 Burns Statutes 1961 Replacement, and

WHEREAS, The Board of Commissioners of the County of DeKalb has filed with the Council an estimate and request showing that the cost of said project to the County, including the incidental expenses necessary to be incurred in connection therewith and the issuance of bonds on account thereof, will be in the approximate amount of One Hundred Seventy-five Thousand Dollars ($175,000.00), and that the County will be required to provide and appropriate said sum for said project, and

WHEREAS, the Council now finds that a necessity and emergency exist for the making of the additional appropriation and the issuance of bonds as requested by the Board of Commissioners in order that said establishment of a new airport in DeKalb County, Indiana may be completed as soon as can be done; now therefore,

BE IT ORDAINED BY THE DEKALB COUNTY COUNCIL:

Section 1. That the Board of Commissioners of the County of DeKalb is hereby authorized to make a loan for and on behalf of said County for the purpose of procuring funds to be applied on the cost of acquisition and improvement of land as a site for a new county airport and the construction and equipment of such airport, including but not limited to hangars, administration building, hard-surfaced runways, taxi-ways and aprons, lighting and other appurtenances and facilities and on the incidental expenses in connection therewith, which loan shall be in the amount of One Hundred Seventy-five Thousand Dollars ($175,000.00) and shall be evidenced by negotiable general obligation bonds of the County.

Section 2. Said bonds shall be the direct obligations of the County, in the amount of One Hundred Seventy-five Thousand Dollars ($175,000.00), designated as "Airport Bonds of 1963", and shall bear interest at a rate not exceeding four and one-half per cent (4 1/2%) per annum (the exact rate to be determined by bidding). The first interest on the bonds shall be payable on June 30, 1964, and thereafter interest shall be payable semi-annually. Said bonds shall be issued in the denomination of One Thousand Dollars ($1,000.00), and shall mature and be payable as follows:

$5,000.00 on June 30, and $5,000.00 on December 30 in the years 1964 to 1978 inclusive.

$2,000.00 on June 30, and $3,000.00 on December 30 in the years 1979 to 1982 inclusive.

$5,000.00 on June 30. 1983.

Said bonds shall be dated as of such time and shall be executed and issued in such form, and the terms of sale shall be such as shall hereafter be fixed in accordance with the governing statutes by the Board of Commissioners, But in no event shall said bonds be sold for less than the par value thereof, including accrued interest to the date of delivery.

Section 3. Said bonds shall be issued in the name of the Board of Commissioners of the County of DeKalb and signed by the Commissioners of said County, and the seal of said Board of Commissioners shall be affixed to each of said bonds and attested by the signature of the Auditor. The interest coupons attached to said bonds shall bear the lithographed facsimile signatures of the Commissioners and the Auditor.

Section 4. As soon an can be done after the adoption of this ordinance, the Auditor shall give notice to the taxpayers of the County of the filing of the petition requesting the issuance of said bonds and of the determination of the County to incur the debt and issue the bonds herein authorized. Said notice shall be published once each week for two weeks in the Auburn Dispatch and The Auburn Courier, being two newspapers published in the County and representing the two leading political parties and shall be posted in three public places in the County, an provided by Section 64-1910 and Section 64-1915 Burns Statutes 1961 Replacement.

In the event a remonstrance against the issuance of said bonds shall be filed by owners of taxable real estate under the provisions of Section 64-1910 Burns Statutes 1961 Replacement, then no further steps shall be taken towards the issuance of said bonds until such remonstrance shall have been presented to the County Council, and said Council shall have determined the sufficiency of the same. In the event an objection petition or petitions shall be filed with the Auditor by taxpayers under the provisions of Section 64-1915 Burns Statutes 1961 Replacement, then no further steps towards the issuance of said bonds shall be taken unless and until the State Board of Tax Commissioners shall issue its order approving the issuance of said bonds.

Section 5. Prior to the sale of said bonds notice of such sale shall be given by the Auditor by publication once each week for two (2) weeks in the Auburn Dispatch and the Auburn Courier, newspapers published and of general circulation in DeKalb County, and one time in a newspaper published and of general circulation in the City of Indianapolis, the last of all of said publications to be at least seven (7) days prior to the date fixed for the sale of said bonds. Bidders for said bonds shall be required to name the rate of interest which the bonds shall bear, not exceeding the maximum rate herein fixed, in multiples of one-eighth (1/8) on one per cent (1%), and not more than one interest rate shall be named by each bidder. Each bid shall be accompanied by a certified or cashier's check payable to the order of the Board of Commissioners of the of the County of DeKalb, in an amount equal to three per cent (3%) of the face value of said bonds, as a guaranty of the performance of said bid, should the same be accepted. Said check shall be drawn on a bank or trust company which is insured by the Federal Deposit Insurance Corporation. Prior to the delivery of said bonds the Auditor shall procure the opinion of Ross McCord Ice & Miller, bond counsel of Indianapolis, Indiana, approving the legality of said bonds, and the Bond sale notice shall state that such opinion will be furnished to the successful bidder in order that the County may receive due credit in the bidding for the furnishing of said opinion.

Section.6. The sum of One Hundred Seventy-five Thousand Dollars ($175,000.00) out of the proceeds of said bonds is hereby appropriated for application on the cost of acquisition and improvement of land as a site for a new county airport and the construction and equipment of such airports including, but not limited to hangars, administration building, hard-surfaced runways, taxi-ways and aprons, lighting and other appurtenances and facilities, including the incidental expenses necessary to be incurred in connection with said project and the issuance of bonds on account thereof.

Section 7. The Auditor shall certify to the State Board of Tax Commissioners as required by Section 64-1914 Burns Statutes 1961 Replacement, a copy of this ordinance and the minutes relative to its consideration and adoption, together with such other showings as may be required by the Board to enable it to approve the appropriation herein made.

(Ord. 091163, passed September 11, 1963)

Chapter 2
Amendment of Ordinance Dated 09-11-1963

30-4-2

Amendment of Ordinance Dated 09-11-1963. WHEREAS, the County Council has heretofore on September 11, 1963, adopted an ordinance authorizing the issuance of bonds of the County in an amount not exceeding the sum of One Hundred Seventy-Five Thousand Dollars ($175,000.) for the purpose of procuring funds to be applied on the cost of acquisition and improvement of land as a site for a new airport, including, but not limited to hangars, administration building, hard-surfaced runways, taxi-ways and aprons, lighting and other appurtenances and facilities and on the incidental expenses in connection therewith; and

WHEREAS, the County Council now finds that by reason of the delay encountered on the bond issue, the bonds may not be sold until June, 1964, or thereafter and the maturity of the principal and interest on the bonds had been computed and set on the basis that the first payment of the principal and interest on said bonds would be made on June 30, 1964, and the Council further finds that said ordinance should be amended to change the first interest and principal payment dates, and accordingly the maturities, and the title of the bonds; now therefore,

BE IT ORDAINED BY THE COUNTY COUNCIL:

Section l. That Section 2 of the ordinance adopted on September 11, 1963, authorizing the issuance of bonds of DeKalb County for the purposes of procuring funds to be applied on the cost of acquisition and improvement of land as a site for a new airport, including, but not limited to hangars, administration building, hard-surfaced runways, taxi-ways and aprons, lighting and other appurtenances and facilities and on the incidental expenses in connection therewith, be and the same is hereby amended to read as follows:

Sec 2. Said bonds shall be the direct obligations of the County, in the amount of One Hundred Seventy-Five Thousand Dollars ($175,000), designated as "Airport Bonds of 1964", and shall bear interest at a rate not exceeding four and one-half per cent (4 1/2%) per annum (the exact amount to be determined by bidding). The first interest on the bonds shall be payable on December 30, 1964, and thereafter interest shall be payable semi-annually. Said bonds shall be issued in the denomination of One Thousand Dollars ($1,000) and shall mature and be payable as follows:

$10,000 on December 30, 1964;

$ 5,000 on June 30 and $5,000 on December 30 in the years 1965 to 1978, inclusive;

$2,000 on June 30 and $3,000 on December 30 in the years 1979 to 1982 inclusive;

$ 5,000 on June 30, 1983.

Said bonds shall be dated as of June 30, 1964 and shall be executed and issued in such form, and the terms of sale shall be such as shall hereafter be fixed in accordance with the governing statutes by the Board of Commissioners, but in no event shall said bonds be sold for less than the par value thereof, including accrued interest to the date of delivery.

Section 2. That said ordinance shall in all other respects stand as adopted.

(Ord. 060264, passed June 2, 1964)

ARTICLE 5
AIRPORT FINANCING

Chapter 1
Aviation Board Loan General Fund

30-5-1

Aviation Board Loan General Fund. WHEREAS, the county aviation board has given notice to the County Commissioners and the County Council that they are without sufficient funds to meet current obligations and that an emergency situation exists to provide said aviation board with ample funds to meet current accumulating obligations and to provide a working balance in said aviation board funds, and

WHEREAS, the State Board of Accounts of the State of Indiana has advised the County Auditor of the legal permissibility of transferring money f rom the General Fund of the County to another fund in the form of a loan to be repaid within the budget year by the County Council, upon request of the County Commissioners,

NOW THEREFORE BE IT RESOLVED that this Board of Commissioners make a request of the County Council to transfer from the County General Fund the sum of $2000.00 to the Aviation Fund of DeKalb County to be repaid by the Board of Aviation Commissioners out of the Aviation Fund during the current budget year.

(Res. 66-4, passed August 15, 1966)

Chapter 2
Nullification of Lease & Financing County Airport

30-5-2

Nullification of Lease & Financing County Airport. WHEREAS, the Auditor of DeKalb County, Indiana (the "County"), filed with the Board of County Commissioners of the County (the "Board of Commissioners") a certified petition signed by at least 50 owners of real property subject to taxation by the County (the "Petition") at the meeting of the Board of Commissioners on August 22, 1994, requesting said Board of Commissioners to enter into a lease whereby improvements to the County airport would be built by a not-for-profit building corporation leased to the County under Indiana Code 36-1-10, as amended, and the board of Commissioners adopted Resolution No. 94-2 determining that such Project was needed by the County; and

WHEREAS, the Auditor filed with the County Council of the county (the "county Council") the Petition at the County Council meeting on August 23, 1994, and the County Council adopted Resolution 94-4 determining that said improvements were needed by the County; and

WHEREAS, the Board of Commissioners on September 12, 1994, held a hearing on a lease with the DeKalb County Airport Building Corporation which provided for the financing and leasing of said improvements (the "Lease") and for which notice was provided as required by law and following such hearing the Board of Commissioners adopted a resolution approving of the Lease with the DeKalb County Airport Building Corporation; and

WHEREAS, the Board of Commissioners and the County Council have determined to not proceed with the financing, construction and leasing of the improvements as contemplated by the Petition and the Lease and desire to rescind, repeal and nullify, as appropriate, all actions taken to proceed with the financing and leasing of such improvements;

NOW, THEREFORE, BE IT RESOLVED BY THE DEKALB COUNTY COUNCIL AND THE DEKALB COUNTY COMMISSIONERS IN JOINT SESSION AS FOLLOWS:

All actions taken with respect to Resolution 94-2 and Resolution 94-4 regarding the receipt of the Petition on August 22, 1994, and approval of the Lease by or on behalf of the County Council and the County Commissioners, including Resolution 94-2 and Resolution 94-4, is deemed to be hereby repealed, rescinded or nullified as appropriate and no further actions shall be taken by or on behalf of the County Council and the board of County Commissioners with respect to said Petition and Lease.

This Resolution shall be in full force and effect from and upon compliance with the procedures required by law.

(Res 94-5, passed November 7, 1994)

ARTICLE 6
AIRPORT LAND PURCHASE

Chapter 1
Land Purchase by Aviation Commission
in Section 19, Township 33 North, Range 13 East

30-6-1

Land Purchase by Aviation Commission in Section 19, Township 33 North, Range 13 East. BE IT RESOLVED BY THE COUNTY COUNCIL OF THE COUNTY OF DEKALB, IN THE STATE OF INDIANA, That the DeKalb County Aviation Commission be and it hereby is authorized and empowered to acquire the following described lands in DeKalb County, Indiana, as and for an airport for said county, to-wit:

The South twenty-one hundred and forty feet (2140) of the West half of the Northwest Quarter;

The West Half of the West Half of the Northeast Quarter, except the South Sixteen Hundred Forty feet (1640) thereof;

The East Half of the West Half of the Northeast Quarter;

The North Five Hundred feet (500) of the South Twenty-one Hundred Forty feet (2140) of the East Half of the Northeast Quarter;

All in Section Nineteen (19), Township Thirty-three (33) North, Range Thirteen (13) East.

And to acquire an option to purchase the South Sixteen Hundred Forty feet (1640) of the West Half of the West Half of the Northeast Quarter of said Section, granting to said Commission the option to purchase said tract of land within a period of five (5) years at and for a price of $200.00 per acre.

(Res. 020464, passed February 4, 1964)

ARTICLE 7
AIRPORT IMPROVEMENTS

30-7

WHEREAS, the Auditor of DeKalb County, Indiana (the "County"), has filed with the Board of Commissioners certified petitions signed by at least 50 owners of real property subject to taxation by the County addressed to the Board of Commissioners of the County of DeKalb, Indiana (the "Board of Commissioners"), requesting said Board of Commissioners to enter into negotiations to secure a lease whereby improvements to the County airport can be built and leased to county under Indiana Code 36-1-10, as amended; and

WHEREAS, these petitions have been carefully considered and investigations have been conducted by the Board of Commissioners both before and after the filing of said petition; and

WHEREAS, this Board has determined, after such investigation, that it is necessary and desirable that such airport improvements be constructed for use by the County;

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, AS FOLLOWS:

The petition with respect to the airport improvements signed by taxpayers of the County heretofore filed with this Board of Commissioners is hereby approved.

A need exists for the erection of the airport improvements and the funds needed therefor exceed the funds presently available to the County. This Board of Commissioners shall proceed to take such steps as may be necessary to secure the erection of the airport improvements for a sum not to exceed $2,500,000.00 and the lease thereof (including without limitations the site of the airport improvements) from a not-for-profit building corporation as provided under Indiana Code 36-1-10, as amended.

SECTION 3: This resolution shall be in full force and effect from and upon compliance with the procedures required by law.

SECTION 4: As soon as can be done after the passage of this Resolution, the Board of Commissioners shall give notice of the determination to enter into a lease which has been petitioned for. Such notice shall be published in accordance with Indiana Code 5-3-1 and 6-1.1-20-4 and posted in three public places in the County in accordance with Indiana Code 6-1.1-20-4.

(Res. 94-2, passed August 22, 1994

TITLE 30 COUNTY AIRPORT

ARTICLE 1 AIRPORT FOR DEKALB COUNTY

Chapter 1 Airport Establishment

ARTICLE 2 AIRPORT RULES AND REGULATIONS

ARTICLE 3 AIRPORT MINIMUM STANDARDS

ARTICLE 4 AIRPORT LAYOUT PLAN

Chapter 1 Airport-Authorizing Appropriation and Issuance and Sale of Bonds

Chapter 2 Amendment of Ordinance Dated 09-11-1963

ARTICLE 5 AIRPORT FINANCING

Chapter 1 Aviation Board Loan General Fund

Chapter 2 Nullification of Lease & Financing County Airport

ARTICLE 6 AIRPORT LAND PURCHASE

Chapter 1 Land Purchase by Aviation Commission in Section 19, Township 33 North, Range 13 East

ARTICLE 7 AIRPORT IMPROVEMENTS

TITLE 30
COUNTY AIRPORT

ARTICLE 1
AIRPORT FOR DEKALB COUNTY

Chapter 1
Airport Establishment

ARTICLE 2
AIRPORT RULES AND REGULATIONS

ARTICLE 3
AIRPORT MINIMUM STANDARDS

ARTICLE 4
AIRPORT LAYOUT PLAN

Chapter 1
Airport-Authorizing Appropriation
and Issuance and Sale of Bonds

Chapter 2
Amendment of Ordinance Dated 09-11-1963

ARTICLE 5
AIRPORT FINANCING

Chapter 1
Aviation Board Loan General Fund

Chapter 2
Nullification of Lease & Financing County Airport

ARTICLE 6
AIRPORT LAND PURCHASE

Chapter 1
Land Purchase by Aviation Commission
in Section 19, Township 33 North, Range 13 East

ARTICLE 7
AIRPORT IMPROVEMENTS