Indiana Administrative Code › Title 135 - INDIANA FINANCE AUTHORITY › Article 2.5 - PUBLIC-PRIVATE AGREEMENTS FOR INDIANA EAST-WEST TOLL ROAD › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 8-15-2; IC 8-15.5-7; IC 8-15.5-10
Affected: IC 4-4-11; IC 8-15.5-4-11
Sec. 1.
(a) The
				definitions in this section apply throughout this article.
(b) "Authority" means the Indiana finance
				authority, established under IC 4-4-11, and exercising powers granted to it
				under IC 8-15-2 and IC 8-15.5, both as amended and in effect as of the date
				hereof, and any successor entity thereto.
(c) "Class 2 user" means any vehicle with two
				(2) axles, including motorcycles, as described in 135 IAC 2.5-2-1(g).
(d) "Closing date" means the date of the
				closing of the concession agreement between the authority and the
				concessionaire.
(e) "Concession
				agreement" means the Indiana Toll Road Concession and Lease Agreement, dated as
				of April 12, 2006, by and between the authority and the concessionaire,
				providing for, among other things, the lease of the toll road to the
				concessionaire and for the provision of toll road services by the
				concessionaire for the term of the concession agreement, together with all
				amendments thereto.
(f)
				"Concessionaire" means ITR Concession Company LLC, the operator of the toll
				road as designated by the governor on March 29, 2006, under IC
				8-15.5-4-11(b).
(g) "Department"
				means the Indiana department of transportation and any successor entity
				thereto.
(h) "Electronic tolling
				system" means the electronic tolling system implemented by the concessionaire
				pursuant to the concession agreement and includes a barrier-controlled
				electronic tolling system.
(i)
				"Eligible electronic transponder users" means class 2 users who utilize
				electronic toll collection transponders authorized for use on the toll
				road.
(j) "Freeze termination date"
				means the date of termination of the toll freeze period.
(k) "Index" means the "Consumer Price Index -
				U.S. City Averages for all Urban Consumers, All Items" (not seasonally
				adjusted) as published by the U.S. Department of Labor, Bureau of Labor
				Statistics, provided, however, that if the index is changed so that the base
				year of the index changes, the index shall be converted in accordance with the
				conversion factor published by the U.S. Department of Labor, Bureau of Labor
				Statistics; provided, further, that if the index is discontinued or revised
				during the term, such other index or computation with which it is replaced
				shall be used in order to obtain substantially the same result as would be
				obtained if the index had not been discontinued or revised.
(l) "LCV" has the meaning set forth in 135
				IAC 2-1-Sec. 1.
(m) "Maximum toll
				levels" means the maximum toll levels for each class of users established under
				135 IAC 2.5-2-1 and 135 IAC 2.5-5-Sec. 1.
(n) "Per capita nominal GDP" means the "U.S.
				Annual Per Capita Gross Domestic Product (in current dollars)" (not seasonally
				adjusted) as published by the U.S. Department of Commerce, Bureau of Economic
				Analysis, it being understood that for purposes of using such indicator at a
				specific point in time, the "U.S. Annual Per Capita Gross Domestic Product (in
				current dollars)" (not seasonally adjusted) published by the U.S. Department of
				Commerce, Bureau of Economic Analysis for the calendar year immediately
				preceding such specific point in time is to be used, provided, however, that if
				the measurement of per capita nominal GDP is discontinued or revised during the
				term, such other indicator or computation with which it is replaced shall be
				used in order to obtain substantially the same result as would be obtained if
				the per capita nominal GDP had not been discontinued or revised.
(o) "Term" means the entire term of the
				concession agreement, commencing on the closing date and expiring on the
				seventy-fifth anniversary of the closing date, or such later date as required
				pursuant to the terms of the concession agreement.
(p) "Through trip" means a trip of the entire
				length of the toll road, in either direction.
(q) "Toll" or "tolls" has the meaning set
				forth in 135 IAC 2-1-Sec. 1.
(r)
				"Toll freeze period" means the period from the closing date to the earlier of:
(1) the implementation of an electronic
				tolling system; or
(2) the date
				that is two (2) years from the closing date.