Code of the District of Columbia

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.


(Aug. 23, 1968, 82 Stat. 827, Pub. L. 90-495, § 23(d).)

Prior Codifications

1981 Ed., § 7-134.

1973 Ed., § 7-135.

Cross References

Housing redevelopment, relocation assistance, see § 6-333.01.

Emergency Legislation

For temporary establishment, on an emergency basis due to Congressional review, the District of Columbia Highway Trust Fund to comply with the requirement for the creation of a dedicated highway fund mandated by the D.C. Emergency Highway Relief Act, see § 2 of the Highway Trust Fund Establishment Congressional Review Emergency Act of 1997 (D.C. Act 12-47, March 31, 1997, 44 DCR 2103).

For temporary authority of the Mayor to issue rules and regulations necessary to carry out the purposes of the act, see § 3 of the Highway Trust Fund Establishment Congressional Review Emergency Act of 1997 (D.C. Act 12-47, March 31, 1997, 44 DCR 2103).

References in Text

Sections 505, 506, 507, and 508 of Title 23, United States Code, referred to at the end of this section, related to relocation payments and assistance, and were a part of Chapter 5 of Title 23. That chapter was repealed January 2, 1971, by § 220(a)(10) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646.

Editor's Notes

Appropriations authorized: Public Law 103-334, 108 Stat. 2581, the District of Columbia Appropriations Act, 1995, provided for construction projects $5,600,000, as authorized by §§ 34-2405.01 through 34-2405.08; §§ 34-2413.08 and 34-2413.10; including acquisition of sites, preparation of plans and specifications, conducting preliminary surveys, erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended: Provided, That $140,000 shall be available for project management and $110,000 shall be available for design by the Director of the Department of Public Works or by contract for architectural engineering services, as may be determined by the Mayor: Provided further, That funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law 90-495; D.C. Code, sec. 7-134, note), for which funds are provided by this appropriation title, shall expire on September 30, 1996, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1996: Provided further, That upon expiration of any such project authorization the funds provided herein for the project shall lapse.

Appropriations authorized: Public Law 104-194, 110 Stat. 2362, the District of Columbia Appropriations Act, 1997, provided for construction projects an increase of $46,923,000 (including an increase of $34,000,000 for the highway trust fund, reallocations and rescissions for a net rescission of $120,496,000 from local funds appropriated under this heading in prior fiscal years and an additional $133,419,000 in Federal funds), as authorized by §§ 34-2405.01 through 34-2405.08; §§ 34-2413.08, 34-2413.10 and 34-2304; and §§ 10-619 and 47-3404; including acquisition of sites, preparation of plans and specifications, conducting preliminary surveys, erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended: Provided, That funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law 90-495; D.C. Code, sec. 9-107.01, note), for which funds are provided by this appropriation title, shall expire on September 30, 1998, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1998: Provided further, That upon expiration of any such project authorization the funds provided herein for the project shall lapse.

Federal-Aid Highway Memorandum of Agreement Council Chairman Emergency Resolution of 1996: Pursuant to Resolution 11-374, effective June 4, 1996, Council directed, on an emergency basis, the Chairman, on behalf of the Council, to sign a memorandum of Agreement to Establish a Federal-Aid Highway Pilot Program at the Department of Public Works.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 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.


(Oct. 14, 1972, 86 Stat. 812, Pub. L. 92-495, § 4; May 9, 2000, D.C. Law 13-107, § 303, 47 DCR 1091; Mar. 16, 2005, D.C. Law 15-227, § 16, 51 DCR 10549.)

Prior Codifications

1981 Ed., § 7-135.

1973 Ed., § 7-135a.

Section References

This section is referenced in § 9-401.03.

Effect of Amendments

D.C. Law 15-227, in par. (1) of subsec. (b), substituted “gas company, natural gas supplier” for “gas corporation”.

D.C. Law 13-107, in par. (b)(1), substituted “company, electricity supplier” for “plant, electrical corporation”.

Cross References

Housing redevelopment, relocation assistance, see § 6-333.01.

Temporary Legislation

For temporary (225 day) amendment of section, see § 11 of Prevention of Unauthorized Switching of Customer Natural Gas Accounts Temporary Act of 2001 (D.C. Law 14-13, July 10, 2001, law notification 48 DCR 6589).

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 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.


(Oct. 26, 1973, 87 Stat. 507, Pub. L. 93-140, § 15.)

Prior Codifications

1981 Ed., § 7-136.

1973 Ed., § 7-135b.

References in Text

The Federal Aid Highway Act of 1944, referred to near the middle of this section, was repealed by § 2(28) of the Act of August 27, 1958, 72 Stat. 919, Pub. L. 85-767.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 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.


(Oct. 26, 1973, 87 Stat. 507, Pub. L. 93-140, § 16.)

Prior Codifications

1981 Ed., § 7-137.

1973 Ed., § 7-135c.

References in Text

Section 8 of the Act of June 16, 1936 (49 Stat. 1521), and § 1(b) of the Federal Aid Highway Act of 1938, both referred to in the first sentence of this section, were repealed by § 2(19) and (21) of the Act of August 27, 1958, 72 Stat. 919, Pub. L. 85-767.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


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).

(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.

(14) “Home Rule Act” means Chapter 2 of Title 1 [§ 1-201.01 et seq.)].

(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.


(Sept. 23, 2009, D.C. Law 18-54, § 2, 56 DCR 5694; July 16, 2014, D.C. Law 20-124, § 2(a), 61 DCR 5383.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-124 rewrote (16).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of the Transportation Infrastructure Improvements GARVEE Bond Financing Emergency Amendment Act of 2013 (D.C. Act 20-218, November 26, 2013, 60 DCR 16528, 20 STAT 2610).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of the Transportation Infrastructure Improvements GARVEE Bond Financing Temporary Amendment Act of 2013 (D.C. Law 20-69, February 22, 2014, 61 DCR 22, 20 DCSTAT 2999).


§ 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 s 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.


(Sept. 23, 2009, D.C. Law 18-54, § 3, 56 DCR 5694; July 16, 2014, D.C. Law 20-124, § 2(b), 61 DCR 5383.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-124 substituted “shall not exceed $430 million” for “shall not exceed $200 million” in (a)(1).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of the Transportation Infrastructure Improvements GARVEE Bond Financing Emergency Amendment Act of 2013 (D.C. Act 20-218, November 26, 2013, 60 DCR 16528, 20 STAT 2610).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of the Transportation Infrastructure Improvements GARVEE Bond Financing Temporary Amendment Act of 2013 (D.C. Law 20-69, February 22, 2014, 61 DCR 22.

Editor's Notes

Section 301 of D.C. Law 20-110 provided: “Findings.

“(a) The Property is located at the intersection of Naylor Road, S.E., Good Hope Road, S.E., and Alabama Avenue, S.E., and consists of approximately 18.7 acres of land and is further defined in section 101(22).

“(b) The Property was acquired with the intention of eliminating blight by redeveloping the underused site into retail and residential space to benefit the surrounding community and the District. Therefore, the Property is not required for public purposes and the Property needs to be declared surplus in order to dispose of the Property for redevelopment purposes.

“(c) A public hearing was held on June 26, 2013, at the Francis A. Gregory Neighborhood Library located at 3660 Alabama Ave. S.E., regarding the finding that the Property is no longer required for public purposes.”

Section 302 of D.C. Law 20-110 provided that the Council determined that the Property is no longer required for public purposes.

Section 401 of D.C. Law 20-110 provided:

“Findings.

“(a) The Property is located at the intersection of Naylor Road, S.E., Good Hope Road, S.E., and Alabama Avenue, S.E., consists of approximately 18.7 acres of land, and is further defined in section 101(22).

“(b) The Project shall include affordable housing, such that 20% of the residential units shall be reserved for households with incomes at or below 80% AMI. An additional 10% of the residential units shall be reserved for households with incomes at or below 120% of AMI.

“(c) The Developer shall enter into an agreement with the District requiring the Developer to, at a minimum, contract with Certified Business Enterprises for at least 35% of the contract dollar volume of the Project, and requiring at least 20% equity and 20% development participation of Certified Business Enterprises.

“(d) The Developer shall enter into a First Source Agreement with the District that shall govern certain obligations of the Developer pursuant to section 4 of the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code Section 2-219.03) and Mayor's Order 83-265, dated November 9, 1983, regarding job creation and employment as a result of the construction on the Property.

“(e) The Developer shall comply with the terms set forth in Zoning Commission Order No. 09-03, July 12, 2010, pertaining to the following properties: Square 5640, Lot 33; Square 5640, Lot 35; Square 5640, Lot 816; and Par 0213, Lot 64.

“(f) The Land Disposition Agreement to be executed between the District and the Developer shall:

“(1) Incorporate the District's right to reacquire the Property at the price originally conveyed consistent with section 1(e) of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code Section 10-801(e)); and

“(2) Except as provided in paragraph (1) of this subsection, be consistent with the terms in the documents submitted by the Mayor to the Council in conjunction with the Skyland Town Center Omnibus Act of 2014. Any substantive change shall be submitted to the Council consistent with section 1(b-1)(6) of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code Section 10-801(b-1)(6)).”


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 4, 56 DCR 5694.)


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 5, 56 DCR 5694.)

Section References

This section is referenced in § 9-107.52.


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 6, 56 DCR 5694.)


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 7, 56 DCR 5694; Sept. 26, 2012, D.C. Law 19-171, § 223, 59 DCR 6190.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “Chapter 3A of Title 2” for “Unit A of Chapter 3 of Title 2 ” in (e).


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 8, 56 DCR 5694.)


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 9, 56 DCR 5694.)

Section References

This section is referenced in § 9-107.59.


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 10, 56 DCR 5694.)


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 11, 56 DCR 5694.)


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 12, 56 DCR 5694.)


§ 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.


(Sept. 23, 2009, D.C. Law 18-54, § 13, 56 DCR 5694.)