(a) Based on the findings set forth in § 2 of this Act, it is the sense of the Congress that the Washington Metropolitan Area Transit Authority (hereafter in this subchapter referred to as the "Transit Authority") should initiate negotiations as soon as possible with the ownership of D.C. Transit System, Incorporated (and its subsidiary, the Washington, Virginia, and Maryland Coach Company), the Alexandria, Barcroft, and Washington Transit Company, and the WMA Transit Company for acquisition by the Transit Authority of capital stock or facilities, plant, equipment, real and personal property of such bus companies of whatever nature, whether owned directly or indirectly, used or useful for mass transportation by bus of passengers within the Washington metropolitan area. It is further the sense of the Congress that representatives of the Transit Authority should participate in any labor contract negotiations undertaken prior to acquisition by the Transit Authority of such bus companies.
(b) The franchise to operate a system of mass transportation of passengers for hire granted to D.C. Transit System, Incorporated, by the Act of July 24, 1956 (70 Stat. 598) is hereby canceled, effective upon the date immediately preceding the date on which the Transit Authority acquires the transit facilities of D.C. Transit System, Incorporated.
(c)(1) The Transit Authority, and any transit company owned or controlled by the Transit Authority, may operate charter service by bus in accordance with Title III of the Washington Metropolitan Area Transit Regulation Compact only between any point within the transit zone and any point in the State of Maryland or Virginia, or a point within 250 miles of the Zero Mile Stone located on the Ellipse.
(2) For the purposes of this subsection, the term "transit zone" means the area designated in § 3 of Title III of the Washington Metropolitan Area Transit Regulation Compact.
(d)(1) D.C. Transit System, Incorporated, a corporation of the District of Columbia, may:
(A) Continue to exist as such a corporation and amend its charter in any manner provided under the laws of the District of Columbia;
(B) Avail itself of the provisions of Chapter 3 of Title 29 in respect to a change of its name; and
(C) Become incorporated or reincorporated in any manner provided under the laws of the District of Columbia.
(2) Nothing in this Act shall be construed so as to cause or require the corporate dissolution of D.C. Transit System, Incorporated.
(Oct. 21, 1972, 86 Stat. 1001, Pub. L. 92-517, title I, § 102; July 2, 2011, D.C. Law 18-378, § 3(c), 58 DCR 1720.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2471.
1973 Ed., § 1-1461.
Effect of Amendments
D.C. Law 18-378, in subsec. (d)(1)(B), substituted "Chapter 3 of Title 29" for "Chapter 1 of Title 29" .
Legislative History of Laws
Law 18-378, the "District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2009", was introduced in Council and assigned Bill No. 18-500, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 27, 2011, it was assigned Act No. 18-724 and transmitted to both Houses of Congress for its review. D.C. Law 18-378 became effective on July 2, 2011.
References in Text
"This Act," referred to in subsections (a) and (d)(2), is the Act of October 21, 1972, 86 Stat. 1001, Pub. L. 92-517.
The Mayor of the District of Columbia is authorized to contract with the Transit Authority for payment to it of the District's share of the cost to the Transit Authority of acquiring:
(1) The private bus companies referred to in § 9-1113.01(a); and
(2) Any rolling stock, real estate, or other capital resources required for the operation of bus service in the District of Columbia either at the time of acquisition of such bus companies or at some future time.
(Oct. 21, 1972, 86 Stat. 1002, Pub. L. 92-517, title II, § 201(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2472.
1973 Ed., § 1-1462.
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.
The Transit Authority, for the purpose of effecting the acquisition of the mass transit bus system or systems as contemplated by this subchapter, together with such improvements or replacement of acquired equipment and facilities as may be found necessary or desirable by the Secretary of Transportation (hereafter in §§ 9-1113.03 to 9-1113.05 referred to as the "Secretary") in conjunction with such acquisition and within a reasonable time thereafter, not to exceed 6 months, is eligible for capital grant assistance pursuant to § 3 of the Urban Mass Transportation Act of 1964. For this purpose, the Transit Authority shall be considered a "local public body" within the meaning of that section and, accordingly, the Secretary may authorize and approve capital grant assistance to the Transit Authority in the maximum amount provided for in the Urban Mass Transportation Act of 1964 toward the cost of acquisition of such bus system or systems, including the cost of improvements to or replacement of acquired equipment and facilities approved by the Secretary in conjunction with such acquisition. Such assistance shall be provided from funds available to the Urban Mass Transportation Administration of the Department of Transportation.
(Oct. 21, 1972, 86 Stat. 1002, Pub. L. 91-517, title III, § 301.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2473.
1973 Ed., § 1-1463.
References in Text
"Section 3 of the Urban Mass Transportation Act of 1964" was formerly codified at 49 U.S.C. § 1602. See now, generally, 49 U.S.C. § 5309.
(a) If the Secretary should determine that immediate action is urgently required to protect the public interest in the national capital area, he may waive any or all provisions of the Urban Mass Transportation Act of 1964 (except § 13(c) thereof), and immediately grant to the Transit Authority from funds available to the Urban Mass Transportation Administration of the Department of Transportation such sums as are contemplated under § 9- 1113.03.
(b) The Secretary, after determining that immediate action is necessary in the public interest in accordance with subsection (a) of this section, may, in accordance with subsection (c) of this section, advance from funds available to the Urban Mass Transportation Administration of the Department of Transportation such funds as he determines to be necessary for payment to the Transit Authority to provide temporary financing for that portion of the cost of acquisition of the mass transit bus system or systems contemplated by this subchapter, together with associated improvements to or replacement of acquired equipment and facilities, which are not provided for by the Secretary pursuant to § 9-1113.03. For this purpose, such advance shall not be construed as a loan made under § 3 of the Urban Mass Transportation Act of 1964. Funds advanced pursuant to this section shall be considered as "other than federal funds" within the meaning of § 4(a) of the Urban Mass Transportation Act of 1964.
(c) The Secretary shall not advance funds under this section until he has determined that the Transit Authority has the capacity and ability to arrange for repayment of such advance in accordance with § 9-1113.05.
(Oct. 21, 1972, 86 Stat. 1002, Pub. L. 92-517, title III, § 302.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2474.
1973 Ed., § 1-1464.
References in Text
The "Urban Mass Transportation Act of 1964," referred to throughout this section, is now codified at 49 U.S.C. § 5301 et seq.
The advance authorized under § 9-1113.04(b) shall be repaid by the Transit Authority to the Urban Mass Transportation Administration of the Department of Transportation from contributions by the District of Columbia and other local government jurisdictions or from other non-federal sources as may be available to the Transit Authority and which were not estimated to be available for financing the mass transit rail rapid system authorized by subchapter VI of this chapter. Repayment of such advance may be deferred by the Secretary of Transportation, at the request of the Transit Authority, but not beyond the end of the fiscal year following the fiscal year in which the advance was made. Repayment shall be made with interest at a rate to be determined by the Secretary of the Treasury calculated in accordance with the formula set forth in § 3(c) of the Urban Mass Transportation Act of 1964. Principal and interest repaid pursuant to this section shall be credited to the Urban Mass Transportation Fund and shall be considered a restoration of obligational authority available to the Secretary under § 4(c) of the Urban Mass Transportation Act of 1964.
(Oct. 21, 1972, 86 Stat. 1003, Pub. L. 92-517, title III, § 303.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2475.
1973 Ed., § 1-1465.
References in Text
The "Urban Mass Transportation Act of 1964," referred to in this section, is now codified at 49 U.S.C. § 5301 et seq.
(a) The United States District Court for the District of Columbia shall have complete and exclusive jurisdiction over any proceedings by the Transit Authority for the condemnation of property, wherever situated, of D.C. Transit System, Incorporated (including its subsidiary, the Washington, Virginia, and Maryland Coach Company), the Alexandria, Barcroft, and Washington Transit Company, and the WMA Transit Company. Such proceedings shall be instituted and maintained in accordance with the provisions of this section and the provisions of subchapter IV of Chapter 13 of Title 16, except that the court may appoint a commission in accordance with Rule 71A(h) of the Federal Rules of Civil Procedure in connection with the issue of compensation arising out of any such proceedings.
(b) Any such condemnation proceedings shall be commenced by the Attorney General of the United States, upon the request of the Transit Authority, by filing with the United States District Court for the District of Columbia a complaint and declaration of taking containing a description of the land and other assets to be taken, together with a sum of money deposited with the Registrar of such Court in accordance with the applicable provisions of law set forth in subsection (a) of this section. Upon such filing and deposit, title to the possession of the assets described in any such complaint and declaration of taking shall pass to the Transit Authority and the value of the assets so acquired shall be determined as of that date.
(c) The trial of any such condemnation proceedings shall be a preferred cause and shall be commenced at the earliest date convenient to the Court.
(d) Any proceeding brought by the Transit Authority under this section against the Alexandria, Barcroft, and Washington Transit Company shall be transferred, upon motion made by such Transit Company, to the United States District Court for the Eastern District of Virginia, and such District Court shall have, upon such transfer, complete and exclusive jurisdiction over such proceeding. Any action brought by the Transit Authority under this section against the WMA Transit Company, shall be transferred, upon motion made by the WMA Transit Company, to the United States District Court for the District of Maryland, and such District Court shall have, upon such transfer, complete and exclusive jurisdiction over such proceeding.
(Oct. 21, 1972, 86 Stat. 1003, Pub. L. 92-517, title IV, § 401.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2476.
1973 Ed., § 1-1466.
The Comptroller General of the United States shall have access to all books, records, papers, and accounts and operations of the Transit Authority, and any company with which the Transit Authority is conducting negotiations under this subchapter, and any company eligible to receive or receiving any funds authorized by this subchapter. The Comptroller General is authorized to inspect any facility or real or personal property of the Transit Authority or of such companies.
(Oct. 21, 1972, 86 Stat. 1004, Pub. L. 92-517, title V, § 501.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2477.
1973 Ed., § 1-1467.
