Toll road bill bad for all Hoosiers

[IndianaGreen]

Subject: Toll road bill bad for all Hoosiers, pres. & fut. - not just those in N, C & SW

Date: Sunday, January 29, 2006 10:10:41 AM

Please ask Hoosiers to tell their representatives to say "no" to HB 1008
Major "Bad" Moves.

Vote in the entire house seems that it must be this week according to
http://www.fortwayne.com/mld/newssentinel/news/local/13736153.htm. So please
write now.

Many will prob. vote by their party. Do not be timid about asking
Republicians to oppose because there are excellent local and fiscal reasons
to oppose, especially in Northern Indiana where the bill would have an
immediate impact on the toll road. Also, thank the Democratic
Representatives as a friendly reminder to vote against HB 1008.

For help in contacting legislators see http://www.i69tour.org/lobby.html

For help in formulating your message see www.i69tour.org and the below.


Sent : Saturday, January 28, 2006 11:01 PM
Subject : COUNT US!/ CARR News

COUNT US! New web pages
CARR sends our troubling questions

COUNT US! has been busy trying to reach Newspapers with our documentation
that Indiana Interstates can be Tolled.

We think this is important, because people are most motivated when
legislation effect them personally. We believe that persons on existing
US31 and the Indiana's many interstates should be nervous about the future
of their free roads if Major Moves passes:

Here is our documentation: http://www.i69tour.org/toll-IN.html

COUNT US! has also added these pages recently to our Home page at
http://www.i69tour.org


The Indiana Toll Road Privatization Agreement info

The toll road lease bill, HB1008

Daniels misrepresents Major Moves---Trust???
******************

CARR Distributed this notice and asks you to pass it on too:

DOES THE TOLL ROAD LEASE AGREEMENT ABRIDGE THE RIGHTS AND RESPONSIBILITIES
OF LOCAL GOVERNMENT?

Will city streets be left to disrepair because of Major Moves?

I have been reading parts of the "ITR Concession and Lease Agreement" that
is being proposed by Gov. Daniels' Major Moves. I have not read the entire
document but if what I have read is correct this contract has some language
that raises serious issues about its long term impacts on governmental
actions in Indiana. I am not a contract attorney nor an expert in these
matters, but these concerns stress that a close examination of the lease
agreement and legislation is absolutely necessary. These questions MUST be
answered fully before Major Moves is passed. Major Moves is moving so fast
that no one seems to know what all the impacts will be.


"Article 14. Adverse Actions" states:

(a) "An 'Adverse Action' shall occur if the IFA (Indiana Finance Authority),
the State, or any local, city or county government authority in Indiana,
takes action that at any time during the Term (including enacting any Law)
and the effect of such action is reasonably expected (i) to be principally
borne by the Concessionaire or principally by private operators of toll
roads in Indiana; (ii) to have a Material Adverse Effect on the fair market
value of the Concessionaire Interest...shall be an Adverse Action.
(b) If an Adverse Action occurs, the Concessionaire shall have the right to
(i) be paid by the IFA the Concession Compensation with respect thereto
(such Concesssion Compensation, the 'AA-Compensation') or (ii) terminate
this Agreement and be paid by the IFA the Toll Road Concesssion Value, in
either case by giving notice in the manner described in Section 14.1 (c)."

As described in "Article 1 Definitions and Interpretation" (pp.4-5),
"Concession Compensation" would include losses to the Concessionaire's
present and future Toll Road Revenues due to the Adverse Actions of the IFA
or any State, local, city or county governmental unit.

As I read this, no governmental unit in Indiana could do anything that would
impact the market value of the toll road. If they do, they would be subject
to penalties and or termination of the contract and the REPAYMENT OF THE
MONEY THEY GAVE TO THE STATE. Would this include such things as upgrading
local roads? Installing public transit systems that would compete with the
toll road?

The Governor has stated that he wants to spend most of the $3.8 billion as
fast as he can. What happens if the state spends the money and then defaults
on the contract and has to pay it back? Where would the money come from?

This also seems to say that the interests of a private, foreign corporation
trumps any governmental unit in Indiana on any matter that impacts the toll
road. This is serious business.

Also, Section 16.2. Default by the IFA states that if the IFA fails to
comply with any terms of this agreement, (several obligations are cited),
then the Concessionaire is entitled to terminate the agreement and the IFA
is obligated

"to pay to the Concessionaire the Toll Road Concession Value, plus, without
duplication, the reasonable out-of-pocket and documented costs and expenses
incurred by the Concessionaire as a result of such termination." (p. 83).

I also understand that some parts of the contract are being kept secret
until after it is signed.

We have stated often that an independent body/person needs to review this
contract with the interest of the public in mind. We appear to be giving a
foreign corporation control over state and local decisions for the next 75
years, nearly 3 generations of citizens. We need to know what burdens we are
placing on our citizens. Governor Daniels may be long gone before the
negative impacts of this contract would become apparent. What a legacy for
our children!

I hope someone will look into this before it is too late. Please contact me
at 812-***-**** if you have questions


Citizens for Appropriate Rural Roads, Inc.
PO Box 54
Stanford, IN 47463

[SpeedwayDemocrat]

1. Thanks - I e-mailed by worthless senator...

to find out how he plans to vote on this, but no word yet from he or his minions.
Just got an e-mail from the State Dems, urging us to call and write. Always late to the party...