Microsoft Word - General Ordinance 4-2008 Final 9 15 08

GENERAL ORDINANCE 4-2008

WHEREAS, the Indianapolis Airport Authority Board (“Authority”), pursuant to

I.C. 8-22-3-11 is authorized to adopt a schedule of rates and charges, and to collect same

from all users of Authority’s Airport facilities, and

WHEREAS, the Authority desires to enact reasonable rates for the use of Airport

facilities and services commencing November 11, 2008 that will be effective through and

including December 31, 2008 and enact new rates for the use of certain facilities and

services commencing January 1, 2009, and

WHEREAS, the Authority has considered a number of factors in determining

reasonable landing fees and space rental rates including the following: the projected

revenues, expenses, and need for capital projects and comparisons with the rates of other

airports, and

WHEREAS, representatives of the Airport Authority have held discussions with

representatives of many of the Airline companies serving Indianapolis International

Airport (“Airport”) regarding such factors, and have received the advice and comments

of all Airline companies serving the Airport,

NOW THEREFORE, be it ordained by the Board of the Indianapolis Airport

Authority:

Section I – The following terms are hereby defined as follows:

A. Air Carrier

A person, company or corporation operating a commercial air

transportation system by aircraft for the purpose of carriage of persons,

cargo, mail or other property.

B. Aircraft Remote Parking Areas

A portion of the passenger terminal apron and other remote apron areas at

Indianapolis International Airport designated for the parking of diverted

aircraft or overnight aircraft.

C. Airport

The “Airport” means the Indianapolis International Airport.

D. Airport Terminal Building

The Colonel H. Weir Cook Terminal Building at the Indianapolis

International Airport.

E. Certificated Air Carrier

A person, company or corporation operating a commercial air

transportation system pursuant to the provisions of Federal Aviation

Regulation Part 119, Part 121, or Part 129.

F. Certificated Gross Landing Weight

The maximum certificated gross landing weight in 1,000 pound units as

approved by the Federal Aviation Administration for landing of an

aircraft.

G. Commuter Air Carrier

A person, company or corporation operating a commercial air

transportation system pursuant to the provisions of Federal Aviation

Regulation Part 119 and Part 135 on a regular published schedule of

aircraft arrivals and departures utilizing the Airport Terminal Building.

H. Contract Day

The term “Contract Day” shall mean each twenty-four (24) hour period or

fraction thereof for which an RAC rents an automobile to a customer.

I. Customer Facility Charge or CFC

The term “Customer Facility Charge” or “CFC” shall mean the charge to

be collected by each RAC and remitted to the Authority pursuant to

Section IV (N) hereof.

J. Customer Rental Transaction

The term “Customer Rental Transaction” shall mean a single rental

transaction with a customer for a consecutive number of Contract Days.

K. Deplaned Passenger

“Deplaned Passenger” (or “Deplaning Passenger”) shall mean a person

arriving at Indianapolis International Airport by aircraft as a paying or

non-revenue passenger.

L. Enplaned Passenger

“Enplaned Passenger” (or “Enplaning Passenger”) shall mean a person

departing Indianapolis International Airport by aircraft as a paying or non-

revenue passenger, but not including a passenger on an intermediate stop

at Indianapolis International Airport.

M. Executive Director

The person appointed by the Authority as Executive Director, or the

Executive Director’s designee, responsible for the operation, maintenance,

and management of the Indianapolis Airport Authority’s Airport facilities.

N. General Aviation Aircraft

All civil aircraft except that of Scheduled or Non-Scheduled Air Carriers

and Commuter Air Carriers.

O. Ground Transportation Provider

A company or person, other than taxi operators, that provides ground

transportation services for hire from the Airport Terminal Building

utilizing a limousine-sedan, van, mini-bus or charter bus vehicle.

P. Landing

The term “landing” as used herein shall mean the termination of flight of

an aircraft upon a runway at Indianapolis International Airport.

Q. Military Aircraft

All aircraft operated by any branch of the Armed Forces of the United

States.

R. Non-Based Employee

The term “Non-Based Employee” shall mean an employee employed by a

tenant of the Indianapolis Airport Authority who resides in the

Indianapolis metropolitan area, but whose primary employment base is a

city located outside of the State of Indiana.

S. Non-Scheduled Air Carrier

An Air Carrier that does not operate aircraft on a regular, published arrival

and departure schedule.

T. Non-Signatory Air Carrier

The term “Non-Signatory Air Carrier” shall mean an Air Carrier providing

air transportation of passengers or property by air to and from Indianapolis

International Airport which has not executed the Authority’s March 2001

form of Agreement and Lease of Premises for the use of and for

occupancy of space at Indianapolis International Airport.

U. RAC

The term “RAC” shall mean any auto rental company who leases office

space, counter space, buildings or real property for the operation of the

rental car business at the Airport.

V. Scheduled Air Carrier

An Air Carrier that operates aircraft on a regular, published arrival and

departure schedule. .

W. Signatory Air Carrier

The term “Signatory Air Carrier” shall mean an Air Carrier providing air

transportation of passengers or property by air to and from Indianapolis

International Airport which has executed Authority’s March 2001 form of

Agreement and Lease of Premises for the use of and for occupancy of

space at Indianapolis International Airport, as amended.

Section II

– The following schedule of rates, fees and charges is hereby created

and established for operators of aircraft using Hendricks County Airport, Eagle

Creek Airpark, Metropolitan Airport, Mt. Comfort Airport and the Downtown

Heliport:

A. General aviation aircraft not operating on a regular schedule shall pay a

fuel flowage fee of $0.06 per gallon of fuel delivered into the fuel tanks of

such aircraft.

B. Military aircraft shall pay a fuel flowage fee of $0.06 per gallon of fuel

delivered into the fuel tanks of such aircraft.

Section III – The following schedule of rates, fees, and charges is hereby created

and established for operators of aircraft using Indianapolis International Airport:

A. General Aviation, Military Aircraft & Non-Scheduled Air Carrier

1. General aviation aircraft not operating on a regular schedule shall

pay a fuel flowage fee of $0.06 per gallon of fuel delivered into the

fuel tanks of such aircraft.

2. Military aircraft shall pay a fuel flowage fee of $0.06 per gallon of

fuel delivered into the fuel tanks of such aircraft.

3. Operators of Non-Scheduled Air Carrier aircraft operating under

Federal Aviation Regulation Part 119, Part 121, or Part 129 shall

pay a landing fee of $2.96 per 1,000 pounds of Certificated Gross

Landing Weight for each aircraft for each landing.

4. Operators of large aircraft as defined in Federal Aviation

Regulation Part 125 shall pay a landing fee of $2.96 per 1,000

pounds of Certificated Gross Landing Weight for each aircraft for

each landing.

5. Aircraft operated by carriers pursuant to Federal Aviation

Regulation Part 91, Part 119, or Part 135, on a regular schedule

and pursuant to an Airport Use Agreement, shall pay a basic fee of

$150.00 per month per aircraft and a fuel flowage fee of $0.06 per

gallon of fuel delivered into the tanks on such aircraft. In the event

that the total Certificated Gross Landing Weight for each aircraft

operated by such carrier shall average 250,000 or more pounds per

month, such carrier may petition Authority to pay the rates and

charges established by subparagraph A(3) of this Section in lieu of

the charges established by this paragraph.

B. Scheduled Certificated Air Carrier and Commuter Air Carrier

1(a). Scheduled Certificated Air Carrier and Commuter Air Carrier

[Effective November 11, 2008 through and including December 31,

2008]

Space Rentals

: An annual space rental charge per square foot of area is

hereby levied upon all Signatory Scheduled Air Carriers and Signatory

Commuter Air Carriers and Non-Signatory Scheduled Air Carriers and

Non-Signatory Commuter Air Carriers (collectively “Carrier”) for

occupancy of space in and near the Airport Terminal Building at the same

aggregate rate that was paid by Carrier for the space occupied in the

concourse or area occupied by Carrier at the former Airport terminal,

located at 2500 S. High School Road, Indianapolis, Indiana as follows:

Tenant Financed Space

Code CONCOURSE “C” CONCOURSE “D”

Signatory

Non-Signatory Signatory Non-Sig. USAir Leased

A. Ticket and Bag Claim $89.75 $107.03 $74.69 $91.97 $60.84

B. Office or Club Room $89.75 $107.03 $74.69 $91.97 $60.84

C. Hold Rooms $89.75 $107.03 $74.69 $91.97 $60.84

D. Operations Space-Air Cond. $89.75 $107.03 $74.69 $91.97 $60.84

E. Operations Space-Non-Air Cond. $89.75 $107.03 $74.69 $91.97 $60.84

F. Baggage Make-up $89.75 $107.03 $74.69 $91.97 $60.84

G. Covered Storage $89.75 $107.03 $74.69 $91.97 $60.84

H. Open Storage $89.75 $107.03 $74.69 $91.97 $60.84

I. Aircraft Apron $ 2.05 $ 2.05 $ 2.05 $ 2.05 $ 2.05

Code

ALL OTHER

Signatory Non-Signatory

A. Ticket and Bag Claim $74.69 $91.97

B. Office $74.69 $91.97

C. Hold Rooms $74.69 $91.97

D. Operations Space-Air Cond. $74.69 $91.97

E. Operations Space-Non-Air Cond. $74.69 $91.97

F. Baggage Make-up $74.69 $91.97

G. Covered Storage $74.69 $91.97

H. Open Storage $74.69 $91.97

I. Aircraft Apron $ 2.05 $ 2.05

One-twelfth (1/12) of an annual rental charge shall be due and

payable monthly on the first day of each calendar month, in

advance. The Executive Director may assign such space to the

airlines from time to time at his discretion, and in accordance with

their needs.

1(b) Scheduled Certificated Air Carrier and Commuter Air Carrier

[Effective January 1, 2009]

Space Rentals: An annual space rental charge per square foot of area is

hereby levied upon all Signatory Scheduled Air Carriers and Signatory

Commuter Air Carriers and Non-Signatory Scheduled Air Carriers and

Non-Signatory Commuter Air Carriers for occupancy of space in and near

the Airport Terminal Building as follows:

Code

Signatory Non-Signatory

A. Terminal $95.00 $132.64

B. Office or Club Room $95.00 $132.64

C. Hold Rooms $95.00 $132.64

D. Operations Space $95.00 $132.64

E. Baggage Make-up/Bag Claim $95.00 $132.64

F. Ticket Counter $95.00 $132.64

G. Aircraft Apron $ 2.62 $ 2.62

One-twelfth (1/12) of an annual rental charge shall be due and

payable monthly on the first day of each calendar month, in

advance. The Executive Director may assign such space to the

airlines from time to time at his discretion, and in accordance with

their needs.

2. Baggage Claim, Baggage Make-Up and Inbound Baggage Set-Off

[Effective January 1, 2009]

i. Twenty percent (20%) of total bag space square footage, including

baggage claim, baggage make-up, and inbound baggage set-off,

shall be allocated equally among those Air Carriers leasing gate

space.

1. Space allocation shall be completed based on the number of

Air Carriers leasing gate space each December 1 for the

following calendar year.

2. If the number of Air Carriers leasing gate space increases

or decreases after December 1, an adjustment will be made

for the month in which such Air Carrier began or ceased

leasing gate space at the Airport and the charges to the Air

Carrier for the remainder of the year will be adjusted

accordingly.

ii. Eighty percent (80%) of total bag space square footage, including

baggage claim, baggage make-up, and inbound baggage set-off,

shall be allocated to each Air Carrier based on each Air Carrier’s

percentage share of total Enplaned Passengers at the Airport over a

twelve month period, November 1 through October 31 of the

previous year, prior to the calendar year for which the rates will be

set.

iii. Charges for Signatory and Non-signatory Air Carriers will be

assessed and paid at the Signatory and Non-signatory terminal

rental rate, as appropriate.

3. Landing Fees: There are hereby established and levied landing

fees upon each Non-Signatory Air Carrier using Indianapolis

International Airport, a landing fee of $2.96 per 1,000 pounds of

Certificated Gross Landing Weight of each aircraft for each

landing. Signatory Air Carriers shall pay a landing fee of $1.95

per 1,000 pounds of Certificated Gross Landing Weight of each

aircraft for each landing. Each Air Carrier subject to the landing

fee provisions of Section III of this Ordinance shall electronically

provide to the Executive Director, on or before the tenth (10

) day

of each month, an accurate verified report of landed weight, as

prescribed by the Executive Director, and concurrently with

transmittal of said report, tender payment in the amount of landing

fees for that Air Carrier’s operations at the Airport during the

preceding month. Landing fee charges shall be due on the first

) of the month and payable no later than the fifteenth (15

) day

of each month for the preceding calendar month of operations.

The report submitted by Air Carriers shall include, but shall not be

limited to, (1) Air Carrier’s total number of landings by type and

model of aircraft and Certificated Gross Landing Weight of each

type and model of aircraft, (2) the total number of Enplaning

Passengers and Deplaning Passengers, and (3) the amount in

pounds of freight, mail, and other cargo carried or transported by

the Air Carrier for such month. Such reports shall be subject to

review and audit by the Authority, and Air Carrier’s records with

respect to such reports shall be retained for three (3) years.

4. Law Enforcement Services: Each Air Carrier boarding passengers

from hold rooms utilizing security screening at Indianapolis

International Airport shall pay to the Indianapolis Airport

Authority the sum of $0.10 per Enplaned Passenger. Each Air

Carrier shall maintain a daily record of the number of passengers

departing by its aircraft from Indianapolis International Airport.

Within thirty (30) days following the close of each calendar month,

each Air Carrier shall submit to the Authority a report of passenger

embarkation for the prior month together with payment calculated

as aforesaid. Such reports shall be subject to review and audit by

Authority, and Air Carrier’s records with respect to such reports

shall be retained for three (3) years.

5. International Arrivals Building and Ramp:

a. International Processing Fee

: Users shall pay a minimum

service facility fee of $100.00 per flight, or $3.00 per

person processed, whichever is greater for use of the

inspection area and reboarding lounge in the International

Arrivals Building.

b. Inspection Area

: When used separately to accommodate

special events or functions, the user shall pay a fee of

$100.00.

c. Reboarding Lounge: When used separately to

accommodate deplaning or enplaning passengers or for

special purpose or function, the user shall pay a fee of

$100.00.

d. International Arrivals Ramp: A parking fee of $200.00 per

24 hours or fraction thereof shall be paid by aircraft

operators who utilize the International Arrivals Ramp for

overnight parking or extended aircraft parking.

6. Aircraft Remote Parking Areas: Aircraft operators parking aircraft in

the designated overflow apron areas shall pay $200.00 per twenty-

four (24) hour period or fraction thereof.

7. Gate Use Fee

: Air Carriers using aircraft gates and/or associated

facilities for passenger handling and aircraft operations shall pay

the following fees per flight:

More Than 3 but

a. Terminal Facilities Up to 3 Hours Less Than 9 Hours

NON-SIGNATORY AIR CARRIER

Hold Room & Loading Bridge $300.00 $600.00

Aircraft Apron $100.00 $200.00

Operations Space $ 65.00 $130.00

Ticket Counter, Bag Make-Up

and Public Address System $ 65.00 $130.00

Bag Claim $ 65.00 $130.00

More Than 9 Hours 18 Hours to

but Less Than 18 Hours 24 Hours

Hold Room & Loading Bridge $1300.00 $2800.00

Aircraft Apron $ 200.00 $200.00

Operations Space $ 260.00 $520.00

Ticket Counter, Bag Make-Up

and Public Address System $ 260.00 $520.00

Bag Claim $ 260.00 $520.00

More Than 3 but

b. Terminal Facilities Up to 3 Hours Less Than 9 Hours

SIGNATORY AIR CARRIER

Hold Room & Loading Bridge $150.00 $200.00

Aircraft Apron $ 50.00 $200.00

Operations Space $ 65.00 $130.00

Ticket Counter, Bag Make-Up

and Public Address System $ 65.00 $130.00

Bag Claim $ 65.00 $130.00

More Than 9 Hours 18 Hours

but Less Than 18 Hours to 24 Hours

Hold Room & Loading Bridge $ 600.00 $1400.00

Aircraft Apron $ 200.00 $200.00

Operations Space $ 190.00 $380.00

Ticket Counter, Bag Make-Up

and Public Address System $ 190.00 $380.00

Bag Claim $ 190.00 $380.00

Section IV – Ground Transportation Concession & Other Fees at Indianapolis

International Airport

A. Taxicabs/Operating Agreement and Concession Fees

1. Taxicab owners or operators must have an operating agreement

with the Indianapolis Airport Authority and pay a fee of $500.00 in

advance for each six (6) month period that the operating agreement

is in force.

2. Taxicab owners or operators shall pay a concession fee of $1.00

per loading operation of passengers at the Airport. Taxicab owners

or operators may assess a maximum pickup charge to Airport

passengers of $0.50 per loading operation at the Airport.

3. The minimum taxi fare for trips originating at the Airport shall be

$15.00.

B. Ground Transportation Agreement Fees

1. Fees.

Any person or company operating a business, an integral

part of which involves persons or baggage being regularly

transported between Indianapolis International Airport and a motel,

hotel, parking lot, or auto rental office situated off Airport property

in vehicles owned or operated by the person or company providing

the service, or subcontractor thereof, shall pay the following fees

and charges and at the discretion of the Executive Director; said

fees and charges may be prorated to a convenient calendar date.

a. Hotel and Motel Vehicles

1. An annual registration fee of $210.00 per vehicle.

2. A trip fee of $0.50 per vehicle used for transportation of

customers from the Airport not to exceed the product of $2.50 per

room multiplied by the number of rooms available for overnight

occupancy.

b. Off-Airport Car Parking Companies

A fee of ten percent (10%) of all sales and fees for the parking of

automobiles, courtesy vehicle shuttle transportation, valet parking

services, and automobile services as follows:

1) washing and waxing

2) detailing or interior cleaning

3) oil, lube and filter

4) bulb repair or replacement

for its customers arriving, departing or using Indianapolis

International Airport.

c. Off-Airport Auto Rental Companies

A fee of ten percent (10%) of all sales or fees for the rental of

automobiles and services as follows:

1) time and mileage

2) unused voucher revenue

3) CDW allocated inclusive

4) loss damage waiver

5) personal accident insurance

6) extended liability protection

7) personal effects coverage

8) protection plus

9) fuel service option

10) fuel recharge

11) intercity fees

12) coupons

13) baby seat revenue

14) navigational systems

15) additional driver

16) under age driver

17) ski racks

18) cellular phone commission

19) change of equipment

20) miscellaneous vehicle revenue

21) airport fees

for its customers arriving, departing or using Indianapolis

International Airport.

2. Audit. Any person or company by acceptance and use of a Ground

Transportation Agreement issued by the Airport Authority agrees

that the Airport Authority shall have the right to inspect and audit

such person’s or company’s books of account and other records

pertaining to its business operations at Indianapolis International

Airport which books or account and other records shall be retained

by such person or company for a period of three (3) years.

3. Termination of Ground Transportation Agreement

The Executive Director may terminate a Ground Transportation

Agreement for failure to allow an audit as provided in Paragraph 2

above or for violation of any rule, regulation, or ordinance of the

Airport Authority or of any federal, state or local law or ordinance

upon the failure of the person or company to comply with or

correct said violation, within seven (7) days after receipt of written

notice from the Executive Director or his designee.

C. Scheduled Bus Service

Scheduled bus owners or operators shall pay a negotiated fee per month on

inter-city routes.

D. Other Ground Transportation Providers

Ground Transportation Providers shall pay the following trip fees for

vehicles use for transpiration from the Airport:

Vehicle Type Per trip fee

Limo-Sedan $1.95

Van $2.20

Mini Bus $2.50

Charter Bus $10.50

E. Special Events

Any operator or owner who does not have an operating agreement with the

Authority that is providing ground transportation for a special event or

convention shall pay a fee of $33.00 per vehicle for each day such vehicle

operates at the Airport.

F. Ground Transportation Booth Fees

The fee for use of booths in the Ground Transportation Center located

adjacent to the Parking Garage is $260.00 per month

G. Automatic Vehicle Identification

Any operator or owner operating commercial motor vehicles at the Airport

and subject to the fees of this Section IV shall (prior to operating at the

Airport) equip such motor vehicles with Automatic Vehicle Identification

Transponders provided by Authority and pay a $50.00 deposit therefore

which deposit shall be refunded upon the return of such Transponder in

good condition. Any operator or owner of commercial motor vehicles

required to be equipped with an Automatic Vehicle Identification

Transponder shall be subject to a penalty of $1,000.00 per day for each

violation for failure to install on and operate a commercial motor vehicle

with the Automatic Vehicle Identification Transponder provided by

Authority.

H. Conference and Meeting Rooms

The Executive Director shall have authority to set fees for the use of

conference rooms at the Airport.

I. General Concession & Service Fees

Any person, firm, partnership, corporation, limited liability company or

any other business entity providing services or concessions on the Airport

shall be required to obtain a Use Permit or other written Agreement from

the Authority and to pay the appropriate fees specified in the Use Permit

or Agreement for the service or concession to be provided.

J. Public and Employee Parking Lots

1. [Effective November 11, 2008 through and including December 31,

2008]The following parking fees shall be paid by persons who utilize the

public or employee parking lots at Indianapolis International Airport

located at 2500 S. High School Road, Indianapolis Indiana:

a. Parking Garage

i. First 30 minutes -0-

ii. Each one-half hour after first 30 minutes $ 2.00

iii. Maximum each twenty-four hours $22.00

iv. Lost ticket – minimum charge $22.00

b. Short-Term Surface Lot

i. Minimum charge (0-2 hours) $ 4.00

ii. Each additional one-half hour $ 1.50

iii. Maximum each twenty-four hours $16.00

iv. Lost ticket – minimum charge $16.00

c. Tiger Express

i. First thirty minutes -0-

ii. Minimum charge $ 8.00

iii. Maximum each twenty-four hours $ 8.00

iv. Lost ticket – minimum charge $ 8.00

d. Economy Lot

i. First thirty minutes -0-

ii. Minimum charge $ 6.50

iii. Maximum each twenty-four hours $ 6.50

iv. Lost ticket – minimum charge $ 6.50

e. Corporate Connection Lot

i. Minimum charge $ 9.00

ii. Maximum each twenty-four hours $ 9.00

f. Business Park

The rate for the Business Park shall be determined from time to

time through negotiation with the Authority and Business Park

Contractor.

g. Employee Parking

i. Surface Lots

(A) Based Employees: A parking fee not to exceed

$18.00 per month per based employee parking permit.

(B). Non-Based Employees: A parking fee not to

exceed $25.00 per month to be paid on a quarterly basis. A

$2.00 charge for each credit card transaction.

ii. Garage

A parking fee not to exceed $100.00 per month for based

employees.

iii. Corporate Connection

A parking fee not to exceed $50.00 per month for based

employees.

2. The following parking fees shall be paid by persons who utilize the

public or employee parking lots at Indianapolis International Airport

located at or near 7800 Col. H. Weir Cook Memorial Drive,

Indianapolis, Indiana:

a. Parking Garage

i. Each one-half hour $ 2.00

ii. Maximum each twenty-four hours $16.00

iii. Lost ticket – minimum charge $16.00

b. Long –Term Lot

i. Minimum charge $11.00

ii. Maximum each twenty-four hours $11.00

iii. Lost ticket – minimum charge $11.00

c. Economy Lot

i. Minimum charge $ 7.00

ii. Maximum each twenty-four hours $ 7.00

iii. Lost ticket – minimum charge $ 7.00

d. Discounts, Incentives and Other Special Programs

The Executive Director shall have the discretion to develop and implement

discount, incentive or other special programs for the Airport parking

garage or lots that may have the effect of reducing the daily rates set forth

under paragraphs 1 through 3 of this Section.

e. Employee Parking

i. Surface Lots

(A) Based Employees: A parking fee not to exceed $18.00

per month per based employee parking permit.

(B) Non-Based Employees: A parking fee not to exceed

$25.00 per month to be paid on a quarterly basis. A $2.00

charge for each credit card transaction.

ii. Garage

A parking fee not to exceed $100.00 per month for based

employees.

K. Customer Facility Charge

1. Each RAC shall pay a fee for each Customer Rental Transaction of

$3.00 per rental car Contract Day for a maximum of fourteen (14)

Contract Days.

2. The Customer Facility Charge shall be shown as a separately

itemized charge on each customer contract for such RAC and

described as “Customer Facility Charge” or “CFC” with a footnote

approved by the Authority explaining the abbreviation.

3. Each RAC must hold the CFC revenues collected by it in trust in a

fiduciary capacity for the Authority. All of the CFC revenues

collected and held will be considered the property of the Authority

and will not be considered Gross Revenues of the RAC. Each

RAC shall hold CFC revenue collections in a custodial capacity, in

which the RAC has no interest other than that of custodian, and

shall not hold or have either an ownership or equitable interest in

said CFC revenues collected.

4. Each CFC shall be collected from all customers of the RAC,

including customers receiving complimentary or discounted auto

rentals from the RAC and without regard to whether that customer

is using the Airport facilities.

5. Each RAC shall maintain records and controls that are sufficient to

demonstrate the accuracy of the CFC revenues collected and the

amount of CFC revenue collections remitted. These accounting

records must be made available for inspection and examination at

all reasonable times by the Authority or a duly authorized

representative(s). Should travel to an RAC’s out-of-state offices

be required in order to conduct such an examination or inspection,

all reasonable costs incurred by the Authority or their duly

authorized representatives including, but not limited to, airfare,

meals, lodging and local transportation, shall be paid by such

RAC.

6. Each RAC shall provide to the Executive Director no later than

October 1

of each year, a statement showing such RAC’s

projected Contract Days for the forthcoming year.

7. The Authority reserves the right to adjust the amount of the CFC,

at such times as it deems necessary, upon sixty (60) days prior

written notice to each RAC.

8. No RAC shall be entitled to any rights of offset or other reduction

in the requirements herein and shall remit all CFC revenues

collected to the Authority regardless of any amounts that may be

owed or due to such RAC by Authority.

9. It is understood and agreed that all CFC revenues required to be

collected by an RAC may be pledged for or dedicated to the

payment of airport bonds or other obligations pursuant to the

applicable bond documents, and such other costs as agreed to by

the Authority.

10. Each RAC shall remit the CFC revenues collected to the Authority

at the address provided in the current RAC Agreement and shall

pay such revenues in U.S. dollars without exchange for foreign

currency. Each RAC shall timely remit its CFC revenue

collections to the Authority.

11. Within ninety (90) days after the end of each year, RAC shall

employ a certified public accountant (hereinafter ”CPA”) who

shall provide an unqualified written statement to the Authority

stating whether in the CPA’s opinion the CFC revenues collected

by the RAC, and the number of Customer Rental Transactions and

Contract Days during the preceding year pursuant to this

Agreement were remitted and provided to the Authority in

accordance with the terms of this Ordinance. Such statement shall

contain a list by month of the CFC revenues collected, the number

of automobile rental days and number of Contract Days as shown

on the books and records of the RAC that were used to determine

the payments made to the Authority during the period covered by

the statement. An electronic copy of the annual CFC report shall

be submitted to the Authority with the annual CFC statement.

Each RAC shall make payment of any additional amount due as

reflected in the CPA statement to the Authority at the time the

CPA statement is provided to the Authority.

12. Each RAC shall furnish to the Authority, on or before the fifteenth

(15

) day following each complete calendar month a statement

certified by such RAC and prepared in a manner satisfactory to the

Authority, of the CFC revenues collected, and the number of

Customer Rental Transactions and Contract Days that occurred

during the previous calendar month. The CFC revenues collected

shall be remitted by the RAC to the Authority by the 15

day of

each month for the preceding calendar month of operations during

the year.

Section V – Fingerprinting and Criminal Records Check

A fee of $45.00 shall be paid by each person requesting issuance of an Airport

identification badge that requires fingerprinting the person and conducting a criminal

record background check of such person.

Section VI

– Proviso

Nothing contained herein shall prevent or restrict Authority from entering into a

use agreement with any airline company that provides for a credit or assessment in the

event that actual income or expenses fall short of projected levels.

Section VII

– Compliance

As a condition precedent to the right of any aircraft operator to use Indianapolis

International Airport, it shall comply with all of the reporting and payment requirements

hereinabove set forth. Any such aircraft operator failing to comply with said

requirements shall be barred from the use of any of the facilities of the Airport.

Section VIII – Delinquent Payments

For all payments due to the Authority pursuant to the provisions of this

Ordinance, other agreements with Authority, or any funds payable to Authority, there

shall be added interest computed at the rate of 1½% per month from the due date of such

payment, same to be assessed whenever any payment shall become thirty (30) days

overdue and provided that the aggregate monthly interest for such overdue account

exceeds ten dollars ($10.00).

Section IX – Review and Modification

The rates, fees, and charges herein established are subject to review and

modification by Authority from time to time to properly reflect the costs of the

construction, operation, maintenance and expansion of Airport facilities.

Section X

– Severability

The provisions of this Ordinance shall be severable and if any of the provisions

hereof shall be held to be unconstitutional, invalid or illegal by a court of competent

jurisdiction, such decision shall not affect the validity of any of the remaining provisions

of this Ordinance.

Section XI

– Ordinances, or parts thereof, of the Indianapolis Airport Authority

that are inconsistent with the terms of this Ordinance 4-2008 are hereby superseded.

Section XII – Effective Date

Sections III.B.1(a) and IV.J.1. of this Ordinance shall be in full force and effect

on November 11, 2008 and remain effective through and including December 31, 2008.

Sections III.B.1(b) and III.B.2 of this Ordinance shall be in full force and effect on

January 1, 2009. All other Sections of this Ordinance shall be in full force and effect on

November 11, 2008.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Enacted this ________ day of ________________, 2008.

INDIANAPOLIS AIRPORT AUTHORITY