19731120 r-73-32RESOLUTION NO. R-73-32
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FAIRFAX, VIRGINIA RELATING TO THE UNITED
STATES GOVERNMENT'S GUARANTEE OF TRANSIT
REVENUE BONDS ISSUED BY THE WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY
WHEREAS, the Secretary of the United States Department
of Transportation is authorized, pursuant to Public Law 92-349
to guarantee, on behalf of the United States Government, transit
revenue bonds issued by the Washington Metropolitan Area Transit
Authority, and
WHEREAS, the Secretary, as a condition of the sale of
these bonds pursuant to the provisions of Public Law 92-349,
must determine that their sale represents an acceptable risk
to the United States; and
WHEREAS, in order to provide the Secretary with further
evidence of its ability to meet service requirements on Authority
bonds, the Board of Directors of the Washington Metropolitan Area
Transit Authority passed a resolution on June 21, 1973, attached
hereto and made a part hereof, in which it agreed to assure that
necessary revenues will be made available through subsidies,
fare adjustments, or a combination thereof, sufficient to pay
the principal and interest on its obligations in fulfillment of
its contract with the Secretary and further agreed to continue
to pursue a course of action designed to assure the continued
validity of its financial plan; and
WHEREAS, in order to permit the Secretary to c~ntinue
guaranteeing on behalf of the United States, bonds issued by
the Washington Metropolitan Area Transit Authority, this body
wishes to furnish additional assurances to the Secretary.
BE IT RESOLVED, that this Council concurs in and sup-
ports the aforesaid Resolution adopted by the Board of Directors
of the Washington Metropolitan Area Transit Authority on June 21,
1973, and pledges that it will take all action necessary to make
sufficient financial assistance available to enable the Authority
to meet its obligations to the United States under agreements
between the Authority and the Secretary of Transportation entered
into pursuant to the revenue bond guarantee provisions of the
R-73-.32
National Capital Transportation Act of 1972, such assistance
to be provided jointly by the parties to the Capital Contribu-
tions Agreement of January 9, 1970, entered into by the Authority
and the Washington Suburban Transit District, the District of
Columbia, the Counties of Arlington and Fairfax and the Cities
of Alexandria, Falls Church and Fairfax, and in the same pro-
portions as are determined for the contributions of the respective
signatories in accordance with Schedule "B" attached to and made
a part of said agreement.
Adopted: November 20, 1973
Attest:
City ~C l&rk
- 2 -
£~ q,..\ .,,~OOR~_ .IR
J~HN A N~VIU~
O~t~cC Of C~tum~li
WILLt~A W. GULLETT
ST~RL~NG TUCKER
IDAMAE G~ROTT
FRANCIS W. wHITE
Of~=ePI
JACKSO~ GRAHAM
SCHUYLER LOWE
E~ufive Oftice~
~nC COmptroller
OELMER ISON
JOVAN R ~ENNEDY
General CounSe~
ROY T. DODGE
WASHINGTON METROPOLITAN ARF_.~, TRANSIT AUTHORITY
950 South L'Enfant Plaza, 6.W., Washington, D.C. 20024
Janu=ry 15, 197~
Thomas P. Dugan, Esq.
Clty Attorney
City of Fei rfax
101 Armstrong Street
Fairfax, Vkrginia 22030
i sm pleased to enclose .
Pursuant to your request
hsrewith copy of ~ettor to ~r. r~nnec~y frc~a Hut[ge Rosa
Guthrle & Alexander~ our
l'nt~rpretlng th~ Resolution enacted by
Falls Che~ c~csr~i~ Nstro ~qd~. ~a ~5olution
adopted by th~ City of Falrfax
Resolution a~op:ed by Fa~ts Church, ~arefore
opi~ti~ applies ~q~el.~y [o ~he Falrfax City Resolution.
~e Authority Is m3s: appreciative of ~e ~ntlnu-
ous support: it ls rer~lv~g fr~ y~r City ss ~ ~n-
tlnae construction of the Metro system.
R-73-3~.
.'~"'t,,~,?, ',,,..~ :~.'I,%~,.
Gen~.ral Counoel
W~_shirij~ton Metropolitan Area
T~,ansit Authority
950 South L'Enfant Plaza, S.T;.
Washington, D. C. 2002h
Decenber 1~, 1973
Dear ~.M. Kennedy:
You have furnished us witl% a coty o~-a resolution
adopted by the City Council of Falls Church, Virginia on
~,;ovember 13, 197~, relating to the United States 8overv. ment's
guarantee of Transit Revenue Bond~ issued by the Waskington
MetroDolits~ Area Transit Authority, and h~ve lnq. ui~.d as
to whether the Orovislons of such resolution create a debt
or liability of the City in violation of the statutes and
Constitution of Virginia.
In the resolution, the City-Council (1) states its
concurrence and support of the re~olutio~ ~dooted by'the
^~,.,..o~i~ on June 21, '1
designed '~o assure th~
~cretary o. the Un'~ted States Depbr~m~n~ of T~ansDortation
that necessary revenues will b~ availsble to pay the prin-
cipal of ~nd in~erest on oblir~tions of the Authority,
(2) Dledges to t~ke all action necessary to make available
its DroDoPtionate sha~e of financial assistance so as to
enable the Authority to meet i~s obligations to the United
States under its Guarantee ^~.e,_~.ut w~th the £ecretsr~
TransDor~atton~
The resolution of t City of Falls Church
not~,,,,~_~,,:.~~"~ in our opinion, a lu~.l±y~'~ "enforceable
R-73-32 o
~ :"~" .... *~-~ h,~.t ~.~ ~"~"
the ~r~solutlon doeg nog creage~ nc~ %S it
· R-73-32
IV~ U DG E
Decembez' i~, 1973
John R. Kennedy, Esq.,
General Counsel
Washington Mebropoli~an Area
Transit Au~.ho~y
950 South
Washln$~on, D. C, 2002~
Dear Jack:
Enclosed is ~a opinion letter
quested that Z send along ~o 2ou.
~haC
Ison. re-
regards.
Please call ne I~ you have any quea~iOUmo
'- Slncexnely yours
P~EP: OP
Eno losure
ce. w/eric, to: Mr. De[met Xson