19860624 r-86-23RESOLUTION NO.
R-86-23
WHEREAS the CITY OF FAIRFAX, virginia, is a party to the
'ourth Interim Capital Contributions Agreement, dated December 7,
984, whereby the participating local jurisdictions pledged their
faithful cooperation and best efforts to obtain all authoriza-
tions required by law" to provide allocated local contributions
~o match available federal funds for the construction of four
ified revenue producing Metrorail lines; and
WHEREAS the Urban Mass Transit Authority ("UMTA") has
~etermined that the projects as scheduled in ICCA IV do not meet
:he requirement for construction in "operable segments" and
herefore has refused to release the Starke-Harris funds
ppropriated for fiscal years 1985 and 1986; and
WHEREAS the Washington Metropolitan Area Transit Authority
"WMATA") has proposed a Supplemental Memorandum of Understanding
.o the ICCA IV, the purpose of which is to revise the provisions
ICCA IV in order to provide for the construction of "operable
~egments" satisfactory to UMTA with the FY '85 and '86 Starke-
arris appropriations, local match money and money "borrowed"
rom other funds and future projects; and
WHEREAS there has been considerable debate pertaining to the
ture and meaning of the funding commitments of participating
.ocal jurisdictions, which commitment is described as "faithful
ation and best efforts to obtain all authorizations
quired by law" in ICCA IV and "best efforts and faithful
~tion to commit, to the extent permitted by their respec-
ire governing laws, and subject to the availability and
~ropriation of local funds, as is herein provided . · ." in the
~plemental Memorandum of understanding; and
WHEREAS this Council concurs with the definition of the
ing commitment as stated by the Arlington County Board of
)ervisors in its resolution approving the Supplemental
orandum of Understanding adopted on June 3, 1986, and likewise
sires to incorporate that definition into its approval of the
pplemental Memorandum of understanding;
R-~56-23
- 2 -
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
?airfax, Virginia, that the Mayor be hereby authorized to sign
'ohe "Fourth Interim Capital Contributions Agreement, Supplemental
lemorandum of Understanding" provided, however, that the
:ommitment of the participating jurisdictions to provide funding
lnder this agreement shall be defined as follows:
"The governing bodies of the parties to the agreement
will do the following things, as necessary, to attempt
to make available the funds to make the contribution
specified in the Capital Receipts schedule of the
agreement:
a. Seek grants or appropriations from their
respective States, or in the case of the District of
Columbia, appropriations from Congress in addition to
grants or appropriations already earmarked for
operating subsidies and bus and rail reliability
capital programs,
b. Consider, in the exercise of their legislative
discretion, whether the issuance of bonds or other
evidences of indebtedness is desirable; and in the case
of those political subdivisions which are legally
required to obtain voter approval prior to the
incurrence of debt, submit to the voters the question
of incurrence of debt.
c. Consider, in the exercise of their legislative
discretion, whether it is desirable to use other
available funds or raise additional funds by tax levy
or otherwise.
There is no legal obligation to make contributions
pursuant to the pledge of faithful cooperation and best
efforts, but only to consider whether the methods
contained in subparagraphs b. and c. should be used if
the method specified in subparagraph a. does not
produce sufficient funds."
BE IT FURTHER RESOLVED that the Director of Transit and
ilities transmit a copy of this Resolution to each of the other
)arties to the agreement.
~DOPTED: June 24, 1986
,TEST:
~Cler k
-- ~ay~z~ George ~. ~der/ '