19761116 r-76-23RESOLUTION NO. R-76-23
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FAIRFAX, VIRGINIA, CONCERNING THE
ADOPTION OF AN INTERIM CAPITAL CONTRIBUTION AGREEMENT
BY THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
W~EREAS, on January 9, 1970, the City of Fairfax (hereinafter re-
ferred to as "City") entered into a Capital Contributions Agreement with the
Washington Metropolitan Area Transit Authority (hereinafter referred to as
"WMATA") and others, providing that capital contributions to construct a
regional rapid rail transit system were to be made by local political sub-
divisions; and,
WHEREAS, that agreement provided under Section 2.1 that, "No such
revision, alteration or amendment which would reduce the facilities to be
constructed in accordance with the Adopted Regional System-1968 (Revised)
within any political subdivision (or in the case of the City of Fairfax
and the City of Falls Church, reduce the facilities serving such political
subdivision) shall be adopted without the consent of such political sub-
division;" and,
WHEREAS, WMATA has not yet made the recomputation of capital con-
tributions to be made by each political subdivision required on December 9,
1974, because it has not developed the basic data for making such re-
computation, including the adoption of a fare structure and the implementa-
tion of a revised financial plan to accommodate certain cost overruns
encountered in the construction of the transit system; and,
WHEREAS, it appears probable from the best estimates by the WMATA
staff of the said basic data presently available that upon the making of
the required recomputation, the capital contributions previously paid by the
City may equal or exceed the share of net project costs to be allocated to
it for a $5.0 billion Metrorail System; and,
WHERF2~, the Urban Mass Transit Administration of the U. S.
Department of Transportation is pledged to provide matching funds for only
$4.67 billion in construction costs and has called for alternative analysis
of the Metrorail System to lower the cost to this funding limit; and,
W~EREAS, it has been proposed, as a part of said alternative
analysis, that consideration be given to the possibility of truncating the
Vienna Line of the Metrorail System and eliminating the facilities serving
the City; and,
WHEREAS, ~MATA is in the process of considering an Interim Capital
Contributions Agreement that, in part, revises and alters the rights and
obligations of WMATA and the other signatories to the Capital Contributions
Agreement of January 9, 1970; and,
WHEREAS, the City considers the promises made to it and the rights
granted to it pursuant to the Capital Contributions Agreement of January 9,
1970, as important and material obligations of WMATA and the other signatory
political subdivisions to the City in order to obtain the City's participa-
tion in funding the Adopted Regional System-1968 (Revised); and,
R-76-23
WHEREAS, the City is unwilling to consider any reduction in the
Metrorail facilities serving it nor is it willing to forego or alter the
rights and benefits accorded to it under the Capital Contributions Agreement
of January 9, 1970.
NOW, T~EREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax, Virginia:
1. The City demands that in any consideration of an Interim
Capital Contributions Agreement that all rights and benefits to
the City under the capital Contributions Agreement of January 9,
1970, be continued and incorporated into such interim agreement.
2. The City expresses its opposition to any alternative analysis
of the Vienna line of the Metrorail System and will not contribute
to such a study if carried out over its opposition.
3. The City reserves and retains any and all rights, remedies or
choses in action which it may now or hereafter possess pursuant
to the terms and provisions of the Capital Contributions Agreement
of January 9, 1970, and the City shall pursue such rights, remedies
or choses in action in any such manner as it may deem appropriate
including the prosecution of an action at law or in equity in any
court of competent jurisdiction against WMATA or others, in the
event of any attempt to eliminate or otherwise to alter such rights,
remedies or choses in action by WMATA or others hereafter.
4. That a copy of this resolution will be distributed to the
signatory political subdivisions and WMATA.
Adopted: November 16, 1976.
Attest:
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