2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 1 - Highway Plans › Subchapter IV - Federal-Aid Highway Projects › Part B - Transportation Infrastructure Improvement GARVEE Bonding Financing › § 9–107.51. Definitions

§ 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.
(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).