The Mayor of the District of Columbia shall have entire control of, and the Council of the District of Columbia shall make all regulations which it shall deem necessary for keeping in repair, the streets, avenues, alleys, and sewers of the City, and all other works which may be intrusted to the Mayor’s charge by the Congress.
§ 9–101.02. Jurisdiction over public roads and bridges.
The Mayor of the District of Columbia shall have the care and charge of, and the exclusive jurisdiction over, all the public roads and bridges, except such as belong to and are under the care of the United States, and except such as may be otherwise specially provided for by Congress.
§ 9–101.03. Certain public roads declared public highways.
All public roads within said District, outside the limits of Washington and Georgetown, which were duly laid out or declared and recorded as such on June 22, 1874, are public highways.
§ 9–101.04. Abandonment or readjustment of streets to provide ground for educational, religious, or similar institutions. [Repealed]
Repealed.
§ 9–101.05. Use of property by owner until condemnation.
The owner or owners of land over or upon which any highway or reservation shall be projected upon any map filed under §§ 9-103.01 to 9-103.05 shall have the free right to the use and enjoyment of the same for building or any other lawful purpose, and the free right to transfer the title thereof, until proceedings looking to the condemnation of such land shall have been authorized and actually begun. And as to any highway or part of highway which by any such map is to be abandoned neither the right of those occupying or owning land abutting thereon or adjacent thereto, nor the right of the public to use such highway or part of highway, shall be affected by the filing of such map until condemnation proceedings looking to the ascertainment of the damages resulting from such proposed abandonment shall have been authorized and actually begun; nor shall the obligation of the municipal authorities to keep the same in repair be affected until they are rendered useless by the opening and improvement of new highways, to be evidenced by public notice by the Mayor of the District of Columbia.
§ 9–101.06. Public notice of proposed plan.
(a) At least 30 days prior to the submissions by the Mayor of the District of Columbia to the National Capital Planning Commission and to the Council of the District of Columbia for approvals of a proposed modification to the permanent system of highways, the Mayor shall provide written notice of an opportunity to submit comments on the proposed modification to:
(1) Each owner of land within the squares in which or adjacent to which the proposed modification is located, by registered mail to the address to which taxation notifications are sent by the District of Columbia Department of Finance and Revenue;
(2) Each Advisory Neighborhood Commission within whose commission area the proposed modification is located; and
(3) The public, by publishing the proposed modification in the District of Columbia Register.
(b) Copies of comments received by the Mayor shall be included in any subsequent submission by the Mayor to the Council of the District of Columbia of a resolution to consider the proposed modification to the permanent system of highways.
§ 9–101.07. Beatty and Hawkins’s Addition to Georgetown.
All the powers given to the Mayor and Council of the District of Columbia and others under §§ 9-103.01 to 9-103.05 shall apply to and be capable of being exercised upon and through Beatty and Hawkins’s Addition to Georgetown, where it may be necessary to connect streets in parts of the District lying outside of cities, or to connect any street in the city with streets in the District of Columbia.
§ 9–101.08. Reversion of title upon abandonment of streets.
Upon the abandonment of any street, avenue, road, or highway, or part thereof, under the provisions of §§ 9-103.01 to 9-103.05, the title to the land contained in such abandoned portion shall revert to the owners of the land abutting thereon.
§ 9–101.09. Resubdivision of property affected by highway plan pending condemnation proceedings.
Where any proposed street of the permanent system of highways affects any lot or block of a subdivision recorded in the Office of the Surveyor of the District of Columbia, the Mayor of the District of Columbia may, in his discretion, allow the resubdivision of such lot or block in a manner conforming to the original subdivision until such time as condemnation proceedings are begun for the opening of the proposed street affecting the land to be subdivided.
§ 9–101.10. Street, avenue, or public thoroughfare prohibited within 1,000 feet of Naval Observatory.
No street, avenue, or public thoroughfare in the neighborhood of the buildings erected upon the United States Naval Observatory grounds, Georgetown Heights, District of Columbia, shall extend within the area of a circle described with a radius of 1,000 feet from the center of the building known as the clock room of the said Observatory.
§ 9–101.11. Massachusetts Avenue through grounds of United States Naval Observatory.
Massachusetts Avenue, as laid down in conformity with § 9-101.10 upon the maps of the engineer department of the District of Columbia, through the grounds of the United States Naval Observatory is declared to be a public street in all respects as the other public streets of the District of Columbia.
§ 9–101.12. New highway plans authorized.
The Mayor of the District of Columbia is hereby authorized, whenever in his judgment the public interests require it, to prepare a new highway plan for any portion of the District of Columbia, and submit the same for approval, after public hearing, to the National Capital Planning Commission; such highway plans shall be prepared under §§ 9-101.04 to 9-101.06 and 9-103.01 to 9-103.05, and upon approval and recording of any such new highway plan it shall take the place of and stand for any previous plan for the portion of the District of Columbia affected.
§ 9–101.13. Subdivision to conform to plan of Washington.
No subdivision of land in the District of Columbia without the limits of the City of Washington shall be recorded in the Office of the Surveyor or in the Office of the Recorder of Deeds unless the same shall have been first approved by the Mayor of the District of Columbia and be in conformity with the recorded plans for a permanent system of highways.
§ 9–101.14. District authorized to use certain land owned by United States for street purposes.
The Mayor of the District of Columbia is authorized to use for street purposes 1,651 square feet of a tract of land known as parcel 17/93, 708 square feet of a tract of land known as parcel 18/52, and 380 square feet of a tract of land known as parcel 18/23, all for the widening of Reservoir Road, and to use for street purposes 23,779.63 square feet of a tract of land known as parcel 28/12 for the widening of Reservoir Road and Forty-fourth Street; and to use for street purposes a strip of land 60 feet wide containing 258,750 square feet, more or less, lying immediately northeasterly of the southwesterly boundary of a tract of land known as parcel 173/23 for the widening of South Dakota Avenue; and to use for street purposes 9,000 square feet, more or less, of a tract of land known as parcel 243/15 for the extension of Trenton Street and for the widening of 4th Street Southeast; and to use for street purposes 1,521.28 square feet of lot 802, square 1932, and 3,669.88 square feet of lot 837, square 1300, for the widening of Wisconsin Avenue, all as shown on maps designated as Street Extension Maps 1150 and 1154, and Surveyor’s Office Maps 1314 and 1373, on file in the Office of the Surveyor of the District of Columbia, all the above-described property herein authorized to be used for street purposes being owned by the United States of America.
§ 9–101.15. Right-of-way over Michigan Avenue to Washington Railway and Electric Company.
The Mayor of the District of Columbia is hereby authorized, upon the straightening and shortening of Michigan Avenue as provided by §§ 9-101.15 and 9-105.01 to 9-105.04, to do any and all acts which may be necessary to give the Washington Railway and Electric Company such easement or right-of-way over said Michigan Avenue as is necessary for the proper operation of the railway lines and cars of said company over said avenue as straightened and shortened by the provisions of said sections.
§ 9–101.16. Highway construction program authorized.
A program of construction projects to meet immediate capital needs for highways in the District is hereby authorized.
§ 9–101.17. Use of land in squares 354 and 355 for Southwest Freeway and for redevelopment of Southwest area of District.
The Mayor of the District of Columbia is hereby authorized to use the land in squares 354 and 355 in the District of Columbia, and the water frontage on the Washington Channel of the Potomac River lying south of Maine Avenue between 11th and 12th Streets, including the buildings and wharves thereon, for the proposed Southwest Freeway and Washington Channel approaches thereto, and for the redevelopment of the Southwest area of the District of Columbia pursuant to authority contained in subchapter I of Chapter 3 of Title 6.
§ 9–101.18. Authority to acquire and transfer to Secretary of the Interior real property in exchange for real property transferred to the District; payments in lieu of transfer of property.
(a) The Mayor of the District of Columbia is authorized to acquire by purchase, donation, condemnation or otherwise, real property for transfer to the Secretary of the Interior in exchange or as replacement for park, parkway, and playground lands transferred to the District of Columbia for a public purpose pursuant to § 10-111 and the Mayor is further authorized to transfer to the United States title to property so acquired.
(b) Payments are authorized to be made by the Mayor, and received by the Secretary of the Interior, in lieu of property transferred pursuant to subsection (a) of this section. The amount of such payment shall represent the cost to the Secretary of the Interior of acquiring real property suitable for replacement of the property so transferred as agreed upon between the Mayor and the head of said agency and shall be available for the acquiring of the replacement property.
Subchapter II. Permanent Highway Plan.
§ 9–103.01. Width of highways.
The Mayor of the District of Columbia is hereby authorized and directed to prepare a plan for the extension of a permanent system of highways over all that portion of said District not included within the limits of the Cities of Washington and Georgetown. Said system shall be made as nearly in conformity with the street plan of the City of Washington as the Council of the District of Columbia may deem advisable and practicable. The highways provided in such plans shall not in any case be less than 90 feet nor more than 160 feet wide, except in cases of existing highways, which may be established of any width not less than their existing width and not more than 160 feet in width.
§ 9–103.02. Preparation by Mayor; maps.
The said plans shall be prepared from time to time in sections, each of which shall cover such an area as the Mayor of the District of Columbia may deem advisable to include therein, and it shall be the duty of the Mayor in preparing such plan by sections, as far as may be practicable, to select first such areas as are covered by existing suburban subdivisions not in conformity with the general plan of the City of Washington. The Mayor in making such plans shall adopt and conform to any then existing subdivisions which shall have been made in compliance with the provisions of the Act of Congress approved August 27, 1888, entitled “An act to regulate the subdivision of land within the District of Columbia” (25 Stat. 451), or which shall, in the opinion of the Mayor, conform to the general plan of the City of Washington; provided, however, that no place or street extending no farther than from 1 principal street to another, which has been opened under the direction of the Mayor, or in conformity with any subdivision approved by them prior to August 27, 1888, and recorded, and which was on March 2, 1893, paved with asphalt or other sheet pavement, shall be altered, affected, or interfered with by any plan adopted or anything done under or by virtue of §§ 9-103.01 to 9-103.05. Whenever the plan of any such section shall have been adopted by the Mayor, he shall cause a map of the same to be made showing the boundaries and dimensions of and number of square feet in the streets, avenues, and roads established by him therein; the boundaries and dimensions of and number of square feet in each, if any, of the then existing highway in the area covered by such map, and the boundaries and dimensions of and number of square feet in each lot of any then existing subdivision owned by private persons; and containing such explanations as shall be necessary to a complete understanding of such map. In making such maps the Mayor is further authorized to lay out at the intersections of the principal avenues and streets thereof circles or other reservations corresponding in number and dimensions with those existing on March 2, 1893, at such intersections in the City of Washington. A copy of such map, duly certified by the Mayor, shall be delivered to the National Capital Planning Commission, which shall make such alterations, if any, therein, as it shall deem advisable, keeping in view the intention and provisions of §§ 9-103.01 to 9-103.05, and the necessity of harmonizing as far as possible the public convenience with economy of expenditure; and if such Commission shall see fit, it may cause to be made a new map in place of the one submitted to them. When such Commission, or a majority thereof, shall have come to a final determination in the matter, it shall approve in writing the map which it shall adopt, and shall deliver it to said Mayor of the District of Columbia, and the same shall at once be filed and recorded in the Office of the Surveyor of the District of Columbia, and after any such map shall have been so recorded no further subdivision of any land included therein shall be admitted to record in the Office of the Surveyor of said District, or in the Office of the Recorder of Deeds thereof, unless the same be first approved by the Mayor and be in conformity to such map. Nor shall it be lawful when any such map shall have been so recorded for the Mayor of the District of Columbia, or any other officer or person representing the United States or the District of Columbia, to thereafter improve, repair, or assume any responsibility in regard to any abandoned highway within the area covered by such map, or to accept, improve, repair, or assume any responsibility in regard to any highway that any owner of land in such area shall thereafter attempt to lay out or establish, unless such landowner shall first have submitted to the Mayor a plat of such proposed highway and the Mayor shall have found the same to be in conformity to such map, and shall have approved such plat and caused it to be recorded in the Office of said Surveyor.
§ 9–103.03. Adoption of subdivision by reference.
When any such map shall have been recorded as aforesaid in the Office of the Surveyor of the District it shall be lawful for the owner of any land included within such map to adopt the subdivision thereby made by a reference thereto and to this section in any deed or will which he shall thereafter make, and when any deed or will containing any such reference shall have been made and recorded in the proper office it shall have the same effect as though the grantor or grantors in such deed or the maker of such will had made such subdivision and recorded the same in compliance with law.
§ 9–103.04. Entry upon property for survey authorized.
For the purpose of making surveys for such plans and maps the Mayor of the District of Columbia and his agents and employees necessarily engaged in making such surveys are authorized to enter upon any lands through or on which any projected highway or reservation may run or lie.
§ 9–103.05. Council authorized to name streets. [Repealed]
Repealed.
§ 9–103.06. Inapplicability of §§ 9-103.01 to 9-103.05 to Interstate System.
None of the provisions of §§ 9-103.01 to 9-103.05 shall apply to any segment of the Interstate System within the District of Columbia.
Subchapter III. Relocation of Michigan Avenue.
§ 9–105.01. Relocation of Michigan Avenue authorized.
In order to relocate the line of Michigan Avenue from Franklin Street as laid down on the plan of the permanent system of highways for the District of Columbia to Lincoln Road, bordering the southeast corner of the grounds of the United States Soldiers’ Home, and to straighten and shorten the route of said Avenue, the Mayor of the District of Columbia is authorized to close, vacate, and abandon the portion of Michigan Avenue known and designated as Parcel E on map filed in the Office of the Surveyor of the District of Columbia and numbered as Map 1429, containing 54,380 square feet, said part so closed, vacated, and abandoned to be transferred by said Mayor of the District of Columbia to the United States as part of the grounds of the United States Military Asylum, known as the United States Soldiers’ Home.
§ 9–105.02. Use of part of Soldiers’ Home for street purposes.
The Mayor of the District of Columbia is authorized to use for street purposes all that part of the United States Soldiers’ Home grounds designated as Parcel A, containing 57,613 square feet, and Parcel B containing 11,870 square feet, as shown on map filed in the Office of the Surveyor of the District of Columbia and numbered as Map 1429; and the proper authorities having title, control, or jurisdiction are authorized to make the necessary transfer of said parcels of land to the District of Columbia for street purposes.
§ 9–105.03. Portion of Michigan Avenue abandoned.
The Mayor of the District of Columbia is authorized to close, vacate, and abandon the portion of Michigan Avenue known and designated as Parcel D, containing 69,336 square feet, and Parcel H, containing 7,279 square feet, as shown on map filed in the Office of the Surveyor of the District of Columbia and numbered as Map 1429, title to said parcels so closed, vacated, and abandoned to revert in fee simple to the owner or owners of the parcel numbered on the assessment records of the District of Columbia as parcel 120/1, said closing of said street and the transfer of title thereto to be upon the condition and with the express stipulation that the owner or owners of said parcel 120/1 shall dedicate to the District of Columbia for street purposes all of the parcel known and designated as Parcel F, containing 43,161 square feet, as shown on map filed in the Office of the Surveyor of the District of Columbia and numbered as Map 1429 and shall further, in consideration of the increase in area of the property of said owner or owners of said parcel 120/1 by reason of the transfers as provided herein, dedicate to the District of Columbia about 36,000 square feet of land, the location of which shall be mutually agreed upon by the Mayor of the District of Columbia and the owner or owners of parcel 120/1, and that said owner or owners of said parcel 120/1 shall transfer to the United States as part of the grounds of the United States Military Asylum, known as the United States Soldiers’ Home, all of the parcel known and designated as Parcel G, containing 1,543 square feet, as shown on said Map No. 1429 in the Office of the Surveyor of the District of Columbia; provided, however, that the Board of Commissioners of the United States Soldiers’ Home, or the proper authorities having title, control, or jurisdiction, shall transfer to the owner or owners of the parcel designated on the assessment and taxation records of the District of Columbia as parcel 120/1 all the land comprised within the parcel known and designated as Parcel C containing 4,517 square feet, as shown on map filed in the Office of the Surveyor of the District of Columbia and numbered as Map 1429.
§ 9–105.04. Plats showing relocation of Michigan Avenue.
The Surveyor of the District of Columbia is hereby authorized to prepare the necessary plat or plats showing all parcels of land to be transferred in accordance with the provisions of §§ 9-101.15 and 9-105.01 to 9-105.04, with a certificate affixed thereon to be signed by the parties in interest making the necessary transfers; which plat and certificate, after being signed by the various interested parties and approved by the Mayor of the District of Columbia, shall be recorded upon order of said Mayor in the Office of the Surveyor of the District of Columbia; and said plat or plats, when duly recorded in said Office of the Surveyor of the District of Columbia, shall constitute a legal transfer of title of the various parcels to the parties in interest according to the provisions contained in §§ 9-101.15 and 9-105.01 to 9-105.04.
Subchapter IV. Federal-Aid Highway Projects.
Part A. General.
§ 9–107.01. Authority to provide payments and services.
For the purpose of enabling the District of Columbia to have its federal-aid highway projects approved under § 106 or 117 of Title 23, United States Code, the Mayor of the District of Columbia may, in connection with the acquisition of real property in the District of Columbia for any federal-aid highway project, provide the payments and services described in §§ 505, 506, 507, and 508 of Title 23, United States Code.
§ 9–107.02. Authority to pay public utility relocation expenses; definitions.
(a) Notwithstanding any provisions of law to the contrary, whenever the Mayor of the District of Columbia shall determine that the construction or modification of a project, on or a part of the National System of Interstate and Defense Highways within the District of Columbia under Title 23 of the United States Code, necessitates the relocation, adjustment, replacement, removal, or abandonment of utility facilities, the utility owning such facilities shall relocate, adjust, replace, remove, or abandon the same, as the case may be. The cost of relocation, adjustment, replacement, or removal, and the cost of abandonment of such facilities, shall be paid to the utility by the District of Columbia, as a part of the cost of such project.
(b) As used in this section:
(1) The term “utility” means any gas plant, gas company, natural gas supplier, electric company, electricity supplier, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company, whether publicly or privately owned, as those terms are defined in Chapter 2 of Title 34.
(2) The term “utility facility” means all real and personal property, buildings, and equipment owned or held by a utility in connection with the conduct of its lawful business.
(3) The term “cost of relocation, adjustment, replacement, or removal” means the entire amount paid by such utility properly attributable to such relocation, adjustment, replacement, or removal, as the case may be, less any increase in value on account of any betterment of the new utility facilities over the old utility facilities, and less any salvage value derived from the old utility facilities.
(4) The term “cost of abandonment” means the actual cost to abandon any utility facilities which are not to be used, relocated, adjusted, replaced, removed, or salvaged, together with the original cost of such abandoned facilities, less depreciation.
§ 9–107.03. Contract authority.
The Mayor of the District of Columbia is authorized to enter into contracts in connection with projects undertaken as federal-aid highway projects under the provisions of the Federal Aid Highway Act of 1944 in such amounts as shall be approved by the Federal Highway Administration, Department of Transportation.
§ 9–107.04. Grade crossing elimination projects.
The Mayor of the District of Columbia is authorized to construct grade crossing elimination and other wholly District construction projects or those authorized under § 8 of the Act of June 16, 1936 (49 Stat. 1521), and § 1(b) of the Federal Aid Highway Act of 1938, in accordance with the provisions of such acts. Pursuant to this authority, the Mayor may make payment to contractors and payment for other expenses in connection with the costs of surveys, design, construction, and inspection pending reimbursement to the District of Columbia by the Federal Highway Administration, Department of Transportation, or other parties participating in such projects.
Part B. Transportation Infrastructure Improvement GARVEE Bonding Financing.
§ 9–107.51. Definitions.
For the purposes of this part, the term:
(1) “Authorized Signatory” means the Chief Financial Officer, the District of Columbia Treasurer, or any deputy mayor of the executive office of the Mayor to whom the Mayor has delegated any of the Mayor’s functions under this part pursuant to § 1-204.22(6).
(2) “Bond Counsel” means a firm or firms of attorneys designated as bond counsel from time to time by the Chief Financial Officer.
(3) “Bonds” means the District of Columbia revenue bonds, notes, or other obligations (including refunding bonds, notes, and other obligations), in one or more series, authorized to be issued pursuant to this part and § 1-204.90.
(4) “Chairman” means the Chairman of the Council of the District of Columbia.
(5) “Chief Financial Officer” means the Chief Financial Officer established pursuant to § 1-204.24(a)(1) [§ 1-204.24a(a)].
(6) “Closing Documents” means all documents and agreements, other than Financing Documents, that may be necessary and appropriate to issue, sell, and deliver the GARVEE Bonds, and includes agreements, certificates, letters, opinions, forms, receipts, and other similar instruments.
(7) “Council” means the Council of the District of Columbia.
(8) “Debt Service” means payment of principal, premium, if any, and interest on the GARVEE Bonds.
(9) “District” means the District of Columbia.
(10) “Financing Documents” means the documents, other than Closing Documents, that relate to the financing or refinancing of transactions to be effected through the issuance, sale, and delivery of the GARVEE Bonds, including any offering document, and any required supplements to any such documents.
(11) “GARVEE” means grant anticipation revenue vehicle debt financing.
(12) “GARVEE Bonds” means bonds secured by GARVEE Revenues and issued to finance the Qualified Transportation Project.
(13) “GARVEE Revenues” means:
(A) Funds derived from the Federal Highway Administration and interest earnings derived from such funds; and
(B) Other investments, gifts, grants, contributions, appropriations, income, and any other amounts approved by Council resolution to be pledged to secure payment of GARVEE Bonds.
(15) “Mayor” means the Mayor of the District of Columbia.
(16) “Qualified Transportation Project” means the following projects that meet the eligibility requirements of the Federal Highway Administration as permissible transportation expenditures under Title 23 of the Code of Federal Regulations:
(A) The project to replace the twin 11th Street Bridges over the Anacostia River and to improve the interchanges at either end, including adding missing movements to and from the north onto the Anacostia Freeway; and
(B) The project to replace and realign the aging Frederick Douglass Memorial Bridge and build new interchanges between the bridge and Suitland Parkway, the bridge and Potomac Avenue, S.W., Suitland Parkway and Interstate 295, and Suitland Parkway and Martin Luther King, Jr. Avenue.
(17) “Qualified Transportation Project Costs” means all costs incurred in the construction of the Qualified Transportation Project, including, without limitation:
(A) The purchase price or acquisition of any property or interest in those properties or other rights necessary or convenient for the project;
(B) Costs of the study, permitting, and engineering on the project, including the preparation of plans and specifications, surveys, and estimates of cost;
(C) Costs of construction, reconstruction, paving, repaving, building, alteration, repair, restoration, environmental review or remediation, enlargement, or other improvement, including all labor, materials, machinery, fixtures, and equipment, including rolling stock or vehicles;
(D) Costs of engineering, architectural, legal, and other professional services;
(E) Costs of reserves, insurance, letters of credit, or other financial guarantees for payment of future Debt Service on the GARVEE Bonds; and
(F) All other costs or expenses necessary or convenient to the project, including the financing or refinancing of the project.
§ 9–107.52. Bond authorization.
(a) Pursuant to § 1-204.90, the Council approves and authorizes the issuance of one or more series of GARVEE Bonds to fund the Qualified Transportation Project Costs of the Qualified Transportation Project; provided that:
(1) The aggregate principal amount of GARVEE Bonds that may be issued is the amount that can be supported by Debt Service equal to the annual GARVEE Revenues received by the District, but shall not exceed $430 million;
(2) The GARVEE Bonds may be issued from time to time in one or more series;
(3) The GARVEE Bonds shall be tax-exempt or taxable as the Chief Financial Officer shall determine and shall be payable and secured as provided in § 9-107.54.
(b) The Mayor is authorized to pay from the proceeds of the GARVEE Bonds the costs and expenses of issuing and delivering the GARVEE Bonds, including, but not limited to, underwriting discount or fees, rating agency fees, legal fees, accounting fees, financial advisory fees, trustee and paying agent fees, collection agent fees, bond insurance, letters of credit and other credit enhancements, liquidity enhancements, and printing costs and expenses.
§ 9–107.53. Creation of the Transportation Infrastructure Improvement Fund.
(a) There is established as a nonlapsing fund, separate and apart from the General Fund of the District of Columbia, the Transportation Infrastructure Improvement Fund. The Chief Financial Officer shall deposit into the Transportation Infrastructure Improvement Fund the GARVEE Revenues and any other funds specifically designated by statute for deposit in the Transportation Infrastructure Improvement Fund. All funds deposited into the Transportation Infrastructure Improvement Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(b) The Mayor may pledge and create a security interest in the funds in the Transportation Infrastructure Improvement Fund, or any sub-account or sub-accounts within the Transportation Infrastructure Improvement Fund, for the payment of the Debt Service on the GARVEE Bonds without further action by the Council as permitted by § 1-204.90(f), such payment to be made in accordance with the provisions of the Financing Documents entered into by the District in connection with the issuance of the GARVEE Bonds.
§ 9–107.54. Payment and security.
(a) Except as may be otherwise provided in this part, the Debt Service on the GARVEE Bonds, and the payment of ongoing administrative expenses related to the GARVEE Bond financing, shall be payable solely from proceeds received from the sale of the GARVEE Bonds, income realized from the temporary investment of those proceeds, the GARVEE Revenues and any other receipts and revenues realized by the District and deposited into the Transportation Infrastructure Improvement Fund, and income realized from the temporary investment of the GARVEE Revenues and those other receipts and revenues prior to payment to the GARVEE Bond owners.
(b) Payment of the GARVEE Bonds shall be secured as provided in the Financing Documents and by an assignment by the District for the benefit of the GARVEE Bond owners of certain of its rights under the Financing Documents and Closing Documents to the trustee for the GARVEE Bonds pursuant to the Financing Documents.
(c) The trustee or paying agent is authorized to deposit, invest, and disburse the proceeds received from the sale of the GARVEE Bonds pursuant to the Financing Documents.
§ 9–107.55. Bond details.
(a) The Mayor is authorized to take any action reasonably necessary or appropriate in accordance with this part in connection with the preparation, execution, issuance, sale, delivery, security for, and payment of the GARVEE Bonds of each series, including, but not limited to, determinations of:
(1) The final form, content, designation, and terms of the GARVEE Bonds, including a determination that the GARVEE Bonds may be issued in certificated or book-entry form;
(2) The principal amount of the GARVEE Bonds to be issued and denominations of the GARVEE Bonds;
(3) The rate or rates of interest or the method for determining the rate or rates of interest on the GARVEE Bonds;
(4) The date or dates of issuance, sale, and delivery of, and the payment of interest on, the GARVEE Bonds, and the maturity date or dates of the GARVEE Bonds;
(5) The terms under which the GARVEE Bonds may be paid, optionally or mandatorily redeemed, accelerated, tendered, called, or put for redemption, repurchase, or remarketing before their respective stated maturities;
(6) Provisions for the registration, transfer, and exchange of the GARVEE Bonds and the replacement of mutilated, lost, stolen, or destroyed GARVEE Bonds;
(7) The creation of any reserve fund, sinking fund, or other fund with respect to the GARVEE Bonds;
(8) The time and place of payment of the GARVEE Bonds;
(9) Procedures for monitoring the use of the proceeds received from the sale of the GARVEE Bonds to ensure that the proceeds are properly applied and used to accomplish the purposes of the Home Rule Act and this part;
(10) Actions necessary to qualify the GARVEE Bonds under blue sky laws of any jurisdiction where the GARVEE Bonds are marketed; and
(11) The terms and types of credit enhancement under which the GARVEE Bonds may be secured.
(b) The GARVEE Bonds shall contain a legend which shall provide that the GARVEE Bonds are special obligations of the District, are without recourse to the District, are not a pledge of, and do not involve, the faith and credit or the taxing power of the District, do not constitute a debt of the District, and do not constitute lending of the public credit for private undertakings as prohibited in § 1-206.02(a)(2).
(c) The GARVEE Bonds shall be executed in the name of the District and on its behalf by the manual or facsimile signature of the Mayor, and attested by the Secretary of the District of Columbia by the Secretary’s manual or facsimile signature.
(d) The official seal of the District, or a facsimile of it, shall be impressed, printed, or otherwise reproduced on the GARVEE Bonds.
(e) The GARVEE Bonds of any series may be issued in accordance with the terms of a trust instrument to be entered into by the District and a trustee or paying agent to be selected by the Chief Financial Officer, and may be subject to the terms of one or more agreements entered into by the Mayor pursuant to § 1-204.90(a)(4).
(f) The GARVEE Bonds may be issued at any time or from time to time in one or more issues and in one or more series.
(g) The GARVEE Bonds are declared to be issued for essential public and governmental purposes. The GARVEE Bonds, the interest thereon, the income therefrom, and all funds pledged or available to pay or secure the payment of the GARVEE Bonds shall at all times be exempt from taxation by the District, except for estate, inheritance, and gift taxes.
(h) The District pledges, covenants, and agrees with the holders of the GARVEE Bonds that, subject to the provisions of the Financing Documents, the District will not limit or alter the GARVEE Revenues pledged to secure the GARVEE Bonds or the basis on which the GARVEE Revenues are collected or allocated, will not impair the contractual obligations of the District to fulfill the terms of any agreement made with the holders of the GARVEE Bonds, will not in any way impair the rights or remedies of the holders of the GARVEE Bonds, and will not modify in any way the exemptions from taxation provided for in this part, until the GARVEE Bonds, together with interest thereon, and all costs and expenses in connection with any suit, action, or proceeding by or on behalf of the holders of the GARVEE Bonds, are fully met and discharged. This pledge and agreement for the District may be included as part of the contract with the holders of the GARVEE Bonds. This subsection constitutes a contract between the District and the holders of the GARVEE Bonds. To the extent that any acts or resolutions of the Council may be in conflict with this part, this part shall be controlling.
(i) Consistent with § 1-204.90(a)(4)(B) and notwithstanding Chapter 9 of Title 28:
(1) A pledge made and security interest created in respect of the GARVEE Bonds or pursuant to any related Financing Document shall be valid, binding, and perfected from the time the security interest is created, with or without physical delivery of any funds or any property and with or without any further action;
(2) The lien of the pledge shall be valid, binding, and perfected as against all parties having any claim of any kind in tort, contract, or otherwise against the District, whether or not such party has notice; and
(3) The security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to the security interest is recorded or filed.
§ 9–107.56. Issuance of the GARVEE Bonds.
(a) The GARVEE Bonds of any series may be sold at negotiated or competitive sale at, above, or below par, to one or more persons or entities, and upon such terms that the Mayor or an Authorized Signatory considers to be in the best interests of the District.
(b) The Mayor or an Authorized Signatory may execute, in connection with each sale of the GARVEE Bonds, offering documents on behalf of the District, may deem final any such offering document on behalf of the District for purposes of compliance with federal laws and regulations governing such matters, and may authorize the distribution of the documents in connection with the GARVEE Bonds being sold.
(c) The Mayor or an Authorized Signatory is authorized to deliver executed and sealed GARVEE Bonds, on behalf of the District, for authentication, and, after the GARVEE Bonds have been authenticated, to deliver the GARVEE Bonds to the original purchasers of the GARVEE Bonds upon payment of the purchase price.
(d) The GARVEE Bonds shall not be issued until the Mayor receives an approving opinion from Bond Counsel as to the validity of the GARVEE Bonds of such series and, if the interest on the GARVEE Bonds is expected to be exempt from federal income taxation, the treatment of the interest on the GARVEE Bonds for purposes of federal income taxation.
(e)Chapter 3A of Title 2 [§ 2-351.01 et seq.] and subchapter III of Chapter 3 of Title 47 [§ 47-341 et seq. repealed], shall not apply to any contract the Mayor or the Chief Financial Officer may from time to time enter into, or the Mayor or the Chief Financial Officer may determine to be necessary or appropriate, for purposes of this part.
§ 9–107.57. Financing and Closing Documents.
(a) The Mayor or the Chief Financial Officer is authorized to prescribe the final form and content of all Financing Documents and all Closing Documents to which the District is a party that may be necessary or appropriate to issue, sell, and deliver the GARVEE Bonds.
(b) The Mayor or an Authorized Signatory is authorized to execute, in the name of the District and on its behalf, the Financing Documents and any Closing Documents to which the District is a party by the Mayor’s manual or facsimile signature.
(c) If required, the official seal of the District, or a facsimile of it, shall be impressed, printed, or otherwise reproduced on the GARVEE Bonds, the other Financing Documents, and the Closing Documents to which the District is a party.
(d) The Mayor’s or the Authorized Signatory’s execution and delivery of the Financing Documents and the Closing Documents to which the District is a party shall constitute conclusive evidence of the Mayor’s or the Authorized Signatory’s approval, on behalf of the District, of the final form and content of the executed Financing Documents and the executed Closing Documents.
(e) The Mayor or an Authorized Signatory is authorized to deliver the executed and sealed Financing Documents and Closing Documents, on behalf of the District, prior to or simultaneously with the issuance, sale, and delivery of the GARVEE Bonds, and to ensure the due performance of the obligations of the District contained in the executed, sealed, and delivered Financing Documents and Closing Documents.
§ 9–107.58. Limited liability.
(a) The GARVEE Bonds shall be special obligations of the District. The GARVEE Bonds shall be without recourse to the District. The GARVEE Bonds shall not be general obligations of the District, shall not be a pledge of, or involve, the faith and credit or the taxing power of the District, shall not constitute a debt of the District, and shall not constitute lending of the public credit for private undertakings as prohibited in § 1-206.02(a)(2).
(b) The GARVEE Bonds shall not give rise to any pecuniary liability of the District and the District shall have no obligation with respect to the purchase of the GARVEE Bonds.
(c) No person, including, but not limited to any GARVEE Bond owner, shall have any claims against the District or any of its elected or appointed officials, officers, employees, or agents for monetary damages suffered as a result of the failure of the District to perform any covenant, undertaking, or obligation under this part, the GARVEE Bonds, the Financing Documents, or the Closing Documents, or as a result of the incorrectness of any representation in or omission from the Financing Documents or the Closing Documents, unless the District or its elected or appointed officials, officers, employees, or agents have acted in a willful and fraudulent manner.
§ 9–107.59. District officials.
(a) Except as otherwise provided in § 9-107.58(c), the elected or appointed officials, officers, employees, or agents of the District shall not be liable personally for the payment of the GARVEE Bonds or be subject to any personal liability by reason of the issuance of the GARVEE Bonds, or for any representations, warranties, covenants, obligations, or agreements of the District contained in this part, the GARVEE Bonds, the Financing Documents, or the Closing Documents.
(b) The signature, countersignature, facsimile signature, or facsimile countersignature of any official appearing on the GARVEE Bonds, the Financing Documents, or the Closing Documents shall be valid and sufficient for all purposes notwithstanding the fact that the individual signatory ceases to hold that office before delivery of the GARVEE Bonds, the Financing Documents, or the Closing Documents.
§ 9–107.60. Maintenance of documents.
Copies of the specimen GARVEE Bonds and of the final Financing Documents and Closing Documents shall be filed in the Office of the Secretary of the District of Columbia.
§ 9–107.61. Information reporting.
(a) Within 3 days after the Mayor’s receipt of the transcript of proceedings relating to the issuance of the GARVEE Bonds, the Mayor shall transmit a copy of the transcript to the Secretary to the Council.
(b) Within 12 months after September 23, 2009, and every 12 months thereafter, the Chief Financial Officer shall report to the Council on the amount of obligation per GARVEE Bond issued under this part, how the funds are committed within the 11th Street Bridge project, how each GARVEE bond is structured, and a statement of whether each GARVEE Bonds is structured in such a way as to count toward the District’s 12% debt service cap.
§ 9–107.62. Authority of the Chief Financial Officer.
Notwithstanding any other provision of this part, the Mayor shall implement the provisions of this part in a manner consistent with the authority of the Chief Financial Officer under § 1-204.24d.
Subchapter V. Emergency Highway Relief.
§ 9–109.01. District of Columbia emergency highway relief.
(a)Temporary Waiver of Non-Federal Share. — Notwithstanding any other law, during fiscal years 1995 and 1996, the Federal share of the costs of an eligible project shall be a percentage requested by the District of Columbia, but not to exceed 100 percent of the costs of the project.
(b)Eligible Projects. — In this section, the term “eligible project” means a highway project in the District of Columbia:
(1) For which the United States:
(A) Is obligated to pay the Federal share of the costs of the project under Title 23, United States Code, on August 4, 1995; or
(B) Becomes obligated to pay the Federal share of the costs of the project under Title 23, United States Code, during the period beginning on August 4, 1995 and ending September 30, 1996;
(2) Which is:
(A) For a route proposed for inclusion on or designated as part of the National Highway System; or
(B) Of regional significance (as determined by the Secretary of Transportation); and
(3) With respect to which the District of Columbia certifies that sufficient funds are not available to pay the non-Federal share of the costs of the project.
§ 9–109.02. Dedicated highway fund and repayment of temporary waiver amounts.
(a)Establishment of fund. — Not later than December 31, 1995, the District of Columbia shall establish a dedicated highway fund to be comprised, at a minimum, of amounts equivalent to receipts from motor fuel taxes and, if necessary, motor vehicle taxes and fees collected by the District of Columbia to pay in accordance with this section the cost-sharing requirements established under Title 23, United States Code, and to repay the United States for increased Federal shares of eligible projects paid pursuant to § 9-109.01(a). The fund shall be separate from the general fund of the District of Columbia.
(b)Payment of non-federal share. — For fiscal year 1997 and each fiscal year thereafter, amounts in the fund shall be sufficient to pay, at a minimum, the cost-sharing requirements established under Title 23, United States Code, for such fiscal year.
(c)Repayment requirements. —
(1)Fiscal year 1996. — By September 30, 1996, the District of Columbia shall pay to the United States from amounts in the fund established under subsection (a) of this section, with respect to each project for which an increased Federal share is paid in fiscal year 1995 pursuant to § 9-109.01(a), an amount equal to 50% the difference between:
(A) The amount of the costs of the project paid by the United States in such fiscal year pursuant to § 9-109.01(a); and
(B) The amount of the costs of the project that would have been paid by the United States but for § 9-109.01(a).
(2)Fiscal year 1997. — By September 30, 1997, the District of Columbia shall pay to the United States from amounts in the fund established under subsection (a) of this section, with respect to each project for which an increased Federal share is paid in fiscal year 1995 pursuant to § 9-109.01(a) and with respect to each project for which an increased Federal share is paid in fiscal year 1996 pursuant to § 9-109.01(a), an amount equal to 50% of the difference between:
(A) The amount of the costs of the project paid in such fiscal year by the United States pursuant to § 9-109.01(a); and
(B) The amount of the costs of the project that would have been paid by the United States but for § 9-109.01(a).
(3)Fiscal year 1998. — By September 30, 1998, the District of Columbia shall pay to the United States from amounts in the fund established under subsection (a) of this section, with respect to each project for which an increased Federal share is paid in fiscal year 1996 pursuant to § 9-109.01(a), an amount equal to 50% of the difference between:
(A) The amount of the costs of the project paid in such fiscal year by the United States pursuant to § 9-109.01(a); and
(B) The amount of the costs of the project that would have been paid by the United States but for § 9-109.01(a).
(4)Deposit of repaid funds. — Repayments made under paragraphs (1), (2) and (3) of this subsection with respect to a project shall be:
(A) Deposited in the Highway Trust Fund established by section 9503 of the Internal Revenue Code of 1986; and
(B) Credited to the appropriate account of the District of Columbia for the category of the project.
(d)Enforcement. — If the District of Columbia does not meet any requirement established by subsection (a), (b), or (c) of this section and applicable in a fiscal year, the Secretary of Transportation shall not approve any highway project in the District of Columbia under Title 23, United States Code, until the requirement is met.
(e)Inspector General audit. — Not later than February 1, 2001, and each February 1 thereafter, the Inspector General of the District of Columbia shall audit the financial statements of the District of Columbia Highway Trust Fund for the preceding fiscal year and shall submit to Congress, the Mayor, the Chief Financial Officer, and the Council a report on the results of such audit. Not later than March 15, 2011, and each May 31 thereafter, the Inspector General shall examine the statements forecasting the conditions and operations of the Trust Fund for the next 5 fiscal years commencing on the previous October 1 and shall submit to Congress, the Mayor, the Chief Financial Officer, and the Council a report on the results of such examination.
§ 9–109.03. Additional requirements.
(a)Expeditious processing and execution of contracts. — The District of Columbia shall expeditiously process and execute contracts to implement the Federal-aid highway program in the District of Columbia.
(b)Revolving fund account. — The District of Columbia shall establish an independent revolving fund account for Federal-aid highway projects. The account shall be separate from the capital account of the Department of Public Works of the District of Columbia and shall be reserved for the prompt payment of contractors completing highway projects in the District of Columbia under Title 23, United States Code.
(c)Highway project expertise and resources. — The District of Columbia shall ensure that necessary expertise and resources are available for planning, design, and construction of Federal-aid highway projects in the District of Columbia.
(d)Programmatic reforms. — The Secretary of Transportation, in consultation with the District of Columbia Financial Responsibility and Management Assistance Authority established pursuant to § 47-391.01(a), may require administrative and programmatic reforms by the District of Columbia to ensure efficient management of the Federal-aid highway program in the District of Columbia.
(e)GAO audit. — The Comptroller General of the United States shall review implementation of the requirements of this section (including requirements imposed under subsection (d) of this section) and report to Congress on the results of such review not later than July 1, 1996.
Subchapter VI. Highway Trust Fund.
§ 9–111.01. District of Columbia Highway Trust Fund.
(a) There is established the District of Columbia Highway Trust Fund (“Fund”).
(b) Except as provided in subsection (e) of this section, the monies in the Fund shall not be a part of, or lapse into, the General Fund of the District or any other fund of the District.
(c) The Mayor shall deposit into the Fund, on a monthly basis, an amount equivalent to all receipts from taxes, fees, civil fines and penalties collected by the District after September 30, 1995, pursuant to Chapter 23 of Title 47.
(d)(1) All monies in the Fund shall be used first to comply with the requirements of § 9-109.02.
(2) Repealed.
(3) As of October 1, 2011, all monies in the Fund designated to be used to comply with the requirements of § 9-109.02 shall not exceed 22% of the proposed annual federal-aid highway project expenditures.
(e)(1) Any excess monies remaining in the Fund after the requirements of § 9-109.02 have been met and remaining balances not necessary for the purposes outlined in Title 23 of the United States Code, based on the 6-year projected trust fund performance audit conducted by the Inspector General pursuant to § 9-109.02(e), shall be transferred to the Capital Improvements Program and used to fund the renovation, repair, and maintenance of local transportation infrastructure.
(2) The Mayor annually shall determine the excess amount based upon the audit of the Inspector General issued pursuant to § 9-109.02(e) and include the amount in the budget for the fiscal year beginning on October 1 of that year that is transmitted to the Council pursuant to § 1-204.42.
§ 9–111.01a. Local transportation revenue transfer.
(a) The Chief Financial Officer shall deposit revenue derived from the public rights-of-way user fees, charges, and penalties collected pursuant to subchapter III of Chapter 11 of Title 10 ("1997 Act"), and regulations issued pursuant to the 1997 Act in Chapter 33 of Title 24 of the District of Columbia Municipal Regulations (24 DCMR § 3300 et seq.) as follows:
(1) First, the amount, if any, necessary to supplement the revenue from the motor vehicle fuel tax and motor vehicle fuel surcharge imposed by § 47-2301 to satisfy local match requirements to obtain federal aid funds shall be deposited into the District of Columbia Highway Trust Fund, established by § 9-111.01; and
(2) Second, any remaining revenue shall be transferred to the capital improvement program, to be used to fund the renovation, repair, and maintenance of local transportation infrastructure, or deposited into the General Fund of the District of Columbia.
(b) Repealed.
(c) Repealed.
§ 9–111.01b. Local Roads Construction and Maintenance Fund; dedicated revenue.
Repealed.
§ 9–111.01c. Cost-transfer projects.
(a) For the purposes of this section, the term:
(1) “Additive rate” means the rate used to represent labor surcharges as a percent of direct labor costs.
(2) “Indirect cost” means a cost incurred for a common or joint purpose benefiting more than one project that is not readily assignable to a project specifically benefitted.
(3) “Indirect cost rate” means a method for determining in a reasonable manner the proportion of indirect costs each project should bear.
(4) “Labor surcharges” means the cost of employee fringe benefits, worker compensation insurance, leave, and similar labor-related costs.
(b) There is established the following cost-transfer projects within the District Department of Transportation capital budget, which shall be used to collect labor surcharges and indirect costs that are recoverable with federally approved indirect and additive rates:
(1) A labor cost-transfer project, which shall collect indirect labor costs and labor surcharges that cannot be directly charged to capital projects due to federal and local regulation, but are eligible for indirect and additive rate recovery; and
(2) An administrative cost-transfer project, which shall collect indirect material testing contract costs, Davis Bacon costs, the production costs of manuals and other administrative Federal Highway Administration support costs, as approved by the Chief Financial Officer of the District of Columbia, that are eligible for federal reimbursement.
(c) The labor cost-transfer project shall not be authorized any funds from the budget.
(d) The administrative cost-transfer project shall be allocated budget authority for contractual services.
(e) All expenditures posted to the transfer projects during a fiscal year shall be reallocated to active projects based on approved indirect cost and additive rates, reallocated to the operating budget, or otherwise removed from the cost-transfer projects by the end of that fiscal year.
(f) Beginning October 1, 2012, the Mayor shall submit to the Council, on a quarterly basis, a report certified by the Chief Financial Officer of the District of Columbia that:
(1) Provides the current cost-transfer project expenditure balances;
(2) Lists the projects or accounts to which any transfer project expenditures have effectively been charged or moved; and
(3) Identifies the amount charged or moved.
Subchapter VI-A. Fund Reporting Requirement.
§ 9–111.31. Reporting requirements. [Repealed]
Repealed.
Subchapter VII. Repealed Provisions.
§ 9–113.01. Abutment of Highway Bridge. [Repealed]
Repealed.
§ 9–113.02. Boundaries of public highways to be permanently marked. [Repealed]
Repealed.
§ 9–113.03. Council may change names of streets when 2 streets have same name. [Repealed]
Repealed.
§ 9–113.04. Acceptance of dedicated streets; building restriction lines; right-of-way for sewers and water mains. [Repealed]
Repealed.
§ 9–113.05. Council to close certain streets, roads or highways in the District rendered useless or unnecessary by the highway plan — Consent of owners. [Repealed]
Repealed.
§ 9–113.06. Plat to be files — Assessment. [Repealed]
Repealed.
Subchapter VIII. Council Review of the Planned Use of Klingle Road, N.W.
Part A. Council Review.
§ 9–115.01. Plan for future use of Klingle Road.
No later than December 31, 2002, the Mayor shall transmit to the Council, by resolution, a plan for the future use of Klingle Road, N.W.
§ 9–115.02. Expenditure of funds for Klingle Road.
Notwithstanding any other provision of law, no capital program of federal highway aid projects, federal-aid highway contract, or funds from any source may be expended for Klingle Road, N.W., for any purpose except to facilitate the movement of motor vehicle traffic until a resolution has been transmitted to and approved by the Council authorizing the proposed use. This section shall not preclude critically needed remediation work including, but not limited to, repair to the storm sewer system and protections against further erosion of the roadbed.
Part B. Klingle Road Restoration.
§ 9–115.11. Re-opening of Klingle Road.
Notwithstanding any other law, the portion of Klingle Road, N.W., between Porter Street, N.W., on the east, to Cortland Place, N.W., on the west, which portion is currently closed to motor vehicle traffic, shall not be re-opened to the public for motor vehicle traffic. No funding, District, federal, or otherwise, shall be expended or accepted for the planning, design, construction, or reconstruction of this portion of Klingle Road for motor vehicle traffic.
