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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/ '