19761116 r-76-22RESOLUTION NO. R-76-22
BE IT RESOLVED by the Council of the City of Fairfax that the
Agreement entitled "An Agreement by the City of Fairfax, Virginia, with the
Northern virginia Transportation Commission for the provision of metrobus
service to the City for the fourth quarter of FY 1976 and the first and
second quarters of FY 1977", a copy of which is attached hereto, be, and the
same hereby is, ratified, approved and confirmed and the Mayor is authorized
to execute the same on behalf of the City; and, that the said Agreement be
transmitted to NVTC forthwith for consideration thereof.
BE IT FURTHER RESOLVED, in the event that the said Agreement is not
agreed to and executed by and on behalf of NVTC and returned to the City within
thirty (30) days of the date hereof, the City hereby directs and requires that
bus service provided to the City by NVTC and WMATA cease and terminate upon
the expenditure by NVTC and WMATA of funds for bus operating deficits relative
to bus service provided to the City beginning April 1, 1976, and continuing
thereafter, in the total amount of $31,250, authorized by the City for payment
of bus operating deficits for the fourth quarter of FY 1976, and $125,000, less
any funds received by NVTC and WMATA on behalf of the City under section 5 of
the Urban Mass Transportation Act of 1964, as amended, for FY 1977, representing
the amount allocated by the City for payment of bus operating deficits for
FY 1977.
BE IT FURTHER RESOLVED that the City requests, but does not require,
that, in the event of termination of such bus service, the City be provided
as much notice prior to the termination of such service as possible.
Adopted: November 16, 1976
Attest:
CiG Clerk
AN AGREEMENT BY THE CITY OF FAIRFAX, VIRGINIA,
WITH THE NORTHERN VIRGINIA TRANSPORTATION COMMISSION
FOR THE PROVISION OF HETROBUS SERVICE TO TRE
CITY FOR T~E FOURTH QUARTER OF FY 1976 AND
THE FIRST AND SECOND QUARTERS OF FY. 1977
THIS AGREEMENT, made this 16th day of November , 1976,
by and between the City of Fairfax, ~ia, (hereinafter referreo to as
the "City"), and the Northern Virginia Transportation Commission (herein-
after referred to as "NVTC");
WHEREAS, Section 15.1-1357(b)(2) of the Code of Virginia provides
that NVTC, in cooperation with the governing bodies of the component
governments embraced within the transportation district, shall formulate
the tentative policy and decisions of the transportation district with
respect to the planning, design, location, construction, operation and
financing of transportation facilities; and
WHEREAS, Section 15.1-1357(b)(3) of the Code of Virginia pro-
vides that NVTC, when a transportation plan applicable to such district is
adopted, maY enter into contracts or agreements with an agency to contribute
to meeting expenses and obligations in the operation of such facilities; and
WHEREAS, Section 15.1-1357(b)(4) of the Code of Virginia pro-
vides that NVTCmay enter into contracts or agreements with the counties
and cities within the district to provide or cause to provide transportation
facilities and service to such counties and cities; and
W~EREAS, Section 15.1-1357(d) of the Code of Virginia provides
that NVTC shall make a determination of the equitable allocation among the
component governments of the costs incurred by the district in providing
the transportation facilities and the expenses and obligations from the
operation thereof to be borne by each county and city. Such determina-
tion, however, shall not create a commitment by the counties and cities
such commitments shall be created only under the contracts or agree-
ments specified in Section 15.1-1357(b)(4) of the Code of Virginia; and
WHEREAS, the City and NVTC, in an agreement dated January 30,
1976, agreed that the City shall pay to NVTC a sum of money for deficit
operation cost during fiscal year 1976 not in excess of $125,000 less the
aggregate sum received by WMATA and NVTC on behalf of the City under
5 of the urban Mass Transportation Act of 1964, as amended; and
WHEREAS, in amemorandum of January 27, 1976, the Executive
Director acknowledged that the City had agreed to fund a similar amount for
deficit operations in fiscal year 1977; and
WHEREAS, the City has continually requested bus service adjust-
ments to receive only that service that it agrees to pay for; and
WHEREAS, the City has never granted authority to NVTC to contract
with the Washington Metropolitan Area Transit Authority to provide bus
- R-76-22
service in FY 77 to the City in excess of $125,000 less the aggregate sum re-
ceived by NVTC and WMATA on behalf of the City under Section 5 of the Urban
Mass Transportation Act of 1964, as amended.
NOW, T~REFORE, this Agreement
WITNESSETH
that for and in consideration of the mutual covenants contained herein, and
in recognition of the bus service to be provided to the City by WMATA and
NVTC, the parties hereto agree as follows:
1. In consideration of the January 30, 1976, Agreement between NVTC
and the City, the City agrees to pay NVTC.$31,250 as its bus operating deficit
subsidy for the fourth quarter of FY 1976.
2. The City will pay NVTC for bus service it has caused to be pro-
vided to the City by WMATA in the first and second quarters of FY 1977 $62,500
less any funds received by WMATA and NVTC on behalf of the City under Section 5
of the Urban Mass Transportation Act of 1964, as amended.
3. If changes in the WMATA deficit allocation formula, NVTC deficit
allocation formula, fare structures, service levels or operating expenses
result in deficits which are less than those contracted for on the date hereof,
it is understood that any payment of bus operating expenses requested of the
City during the fourth quarter of FY 1977 will be reduced by an amount equal
to the difference between the adjusted deficit attributable to the City in
each preceding quarter in FY 1977 and a quarterly payment of $31,250 less the
aforementioned Section 5 funding.
4. NVTC will hold the City harmless for any and all principal and
interest payments on short-termborrowings that NVTC and WMATA must effect
in order to provide funds kor transit service if such borrowing is necessitated
by the failure of any other participating jurisdiction to make timely payments
of bus operating deficit or its share of the cost of capital facilities or
necessitated by providing bus service to the City in excess of that amount
for which the City agrees to pay pursuant hereto.
5. NVTC will cause to be provided bus service to the City of Fairfax
by WMATA not in excess of $125,000 in operating deficit less the aforementioned
Section 5 funding, and it is understood and agreed that under no circumstance
will the City pay. in excess of this amount for bus service operating during
FY 1977.
6. NVTC will determine the City's FY 1977 allocation of operating
costs for such bus service on whatever formulae are adopted by the transporta-
tion district. However, in the event that bus ridership statistics are ~sed
in the computation, only that ridership data determined from an on-board,
actual passenger count of busses operating in the City will be used.
COUNCIL OF THE CITY OF FAIRFAX
~¥: _ ~ ~Z,~ ~'--] ,
NORTHERN VIRGINIA T~ ~SPORTA~ION COMMISSION
By:
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