D.C. Code § 1-204.90
(a)
(4)
(6)
(e) Any act of the Council authorizing the issuance of revenue bonds, notes, or other obligations under paragraph (1) of subsection (a) of this section may:
(f) Section 1-204.46(c) shall not apply to:
(g)
(3) Section 1-204.46(c) shall not apply to:
(h)
(3) Section 1-204.46(c) shall not apply to:
(i)
(3) Section 1-204.46(c) shall not apply to:
(m) The following provisions of law shall not apply with respect to property acquired, held, and disposed of by the District in accordance with the terms of any lease-purchase financing authorized pursuant to subsection (a)(1) of this section:
(n) For purposes of this section, the following definitions shall apply:
On May 27, 2015, the United States Court of Appeals for the District of Columbia Circuit issued Order No. 14-7067, vacating the lower court’s judgment, dismissing the appeal, and remanding the case to the District Court with instructions to remand the case to the Superior Court of the District of Columbia. See Council of the Dist. of Columbia v. Bowser, 2015 U.S. App. LEXIS 8881 (2015). The amendments contained in D.C. Law 19-321 are codified in this section.
D.C. Law 19-321 was declared invalid by the United States District Court for the District of Columbia in a memorandum opinion dated May 19, 2014, Civil Action No. 2014-0655. The court held that although the Council of the District of Columbia, the Mayor, and United States District Court for the District of Columbia are powerless to grant to the residents of the District of Columbia full budget autonomy, the United States Congress and the President of the United States are empowered to do so; and concluded that the Budget Autonomy Act was unlawful. See Council of the Dist. of Columbia v. Gray, 42 F. Supp. 3d 134, 2014 U.S. Dist. LEXIS 68055 (2014).
Applicability of D.C. Law 19-321: Section 3 of D.C. Law 19-321 provided that section 2 of the act shall apply as of January 1, 2014.
Oyster Elementary School Construction and Revenue Bonds: Section 169 of Pub. L. 105-277, the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, provided that, notwithstanding § 1-206.02(c)(1) of the D. C. Code, the Oyster Elementary School Construction and Revenue Bond Act of 1998 D.C. Law 12-174 shall take effect on October 21, 1998.
“(B) Other operating obligations or expenditures shall be exempt from the fourth sentence of § 47-304 (§ 1-204.46, 2001 Ed.), except that if the operating obligations or expenditures are incurred prior to October 1, 1995, they shall be approved pursuant to the procedures set forth in § 47-304.1 (§ 1-204.53, 2001 Ed.).”
“(3)(A) The fourth sentence of § 47-304 § 1-204.46 shall not apply to — (i) any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued under paragraph (1) of this subsection. (ii) any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under paragraph (1) of this subsection. (iii) any amount obligated or expended to secure any revenue bond, note, or other obligation issued under paragraph (1) of this subsection, and. (iv) any amount obligated or expended for repair, maintenance, and capital improvements issued under paragraph (1) of this subsection.
Request for Congressional action: Pursuant to § 501(b) of D.C. Law 10-188, the Council of the District of Columbia requested that Congress amend § 490(h)(3) of the District of Columbia Self-Government and Governmental Reorganization Act to read as follows:
Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that “§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47-304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47-325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 §§ 1-204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1-204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1-204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1-204.90, 2001 Ed. of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections.”
Dec. 24, 1973, 87 Stat. 809, Pub. L. 93-198, title IV, § 490
Dec. 28, 1977, 91 Stat. 1612, Pub. L. 95-218
Apr. 12, 1980, 94 Stat. 335, Pub. L. 96-235
Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 16
Oct. 15, 1982, 96 Stat. 1614, Pub. L. 97-328
Aug. 6, 1996, 110 Stat. 1696, Pub. L. 104-184, §§ 2(a), (b), (c)(1)
Aug. 5, 1997, 111 Stat. 773, Pub. L. 105-33, § 11508
Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 160(a)(1)
July 25, 2013, D.C. Law 19-321, § 2(h), 60 DCR 1724
Resolution 14-400, the ‘Capital City Public Charter School, Inc. Revenue Bond Project Approval Resolution of 2002’, was approved effective April 9, 2002.
Resolution 14-399, the ‘Thurgood Marshall Center Trust, Inc. of Washington, D.C. Revenue Bond Project Approval Resolution of 2002’, was approved effective April 9, 2002.
Resolution 14-398, the ‘Children’s Hospital Revenue Bond Project Approval Resolution of 2002’, was approved effective April 9, 2002.
Resolution 14-327, ‘Washington Very Special Arts, Inc., and WVSA School For Arts In Learning, Inc., Revenue Bond Project Emergency Approval Resolution of 2002’, was approved effective January 8, 2002.
Resolution 14-278, the ‘Penn Quarter Garage, L.L.C. Revenue Bond Project Approval Resolution of 2001’, was approved effective December 4, 2001.
Resolution 14-243, the ‘DC Arena L.P. Revenue Bond Project Approval Resolution of 2001’, was approved November 6, 2001.
Resolution 14-242, the ‘Crowell & Moring LLP Enterprise Zone Revenue Bonds Project Approval Resolution of 2001’, was approved effective November 6, 2001.
Resolution 14-227, ‘Kmart Corporation Revenue Bond Project Approval Resolution of 2001’, was approved effective October 16, 2001.
Resolution 14-141, the ‘Historical Society of Washington, D.C. Revenue Bond Project Approval Resolution of 2001’, was approved effective June 26, 2001.
Resolution 14-140, ‘The Field School, Inc. Revenue Bond Project Approval Resolution of 2001’, was approved effective June 26, 2001.
Resolution 14-124, the ‘National Public Radio, Inc. Revenue Bond Project Emergency Approval Resolution of 2001’, was approved effective June 5, 2001.
Resolution 14-110, the ‘United Planning Organization Revenue Bond Project Emergency Approval Resolution of 2001’, was approved effective May 15, 2001.
Resolution 14-98, ‘The Henry J. Kaiser Family Foundation Revenue Bond Project Approval Resolution of 2001’, was approved effective May 1, 2001.
Resolution 14-97, the ‘Trinity College Revenue Bond Project Approval Resolution of 2001’, was approved effective May 1, 2001.
Resolution 14-48, the ‘Georgetown University Revenue Bond Project Approval Resolution of 2001’, was approved effective March 6, 2001.
Resolution 14-47, the ‘Seed Public Charter School of Washington, D.C., Revenue Bond Project Approval Resolution of 2001’, was approved effective March 6, 2001.
Resolution 14-46, the ‘National Museum of Washington in the Arts Revenue Bond Project Approval Resolution of 2001’, was approved effective March 6, 2001.
Resolution 13-788, the ‘Tax Increment Revenue Notes International Spy Museum Emergency Approval Resolution of 2000’, was approved effective December 22, 2000.
Resolution 13-786, the ‘Gallery Place Project Bond Maturity Modification Emergency Approval Resolution of 2000’, was approved effective December 19, 2000.
Resolution 13-745, the “Mandarin Hotel Project Modification Approval Resolution of 2000”, was approved effective December 19, 2000.
Resolution 13-733, the “MedStar Health Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective December 5, 2000.
Resolution 13-713, the “Gallery Place Project Modification Emergency Approval Resolution of 2000”, was approved effective November 8, 2000.
Resolution 13-675, the “HF Enterprises Enterprise Zone Facility Bonds Project Emergency Approval Resolution of 2000”, was approved effective October 3, 2000.
Resolution 13-638, the “St. Patrick’s Episcopal Day School Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective July 11, 2000.
Resolution 13-636, the “National Child Day Care Association Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective July 11, 2000.
Resolution 13-634, the “Fourteenth and Irving Ventures Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective July 11, 2000.
Resolution 13-563, the “Fort Lincoln New Town/Premium Distributors, L.L.C. Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective June 6, 2000.
Resolution 13-561, the “Hotel 1225 LLC Enterprise Zone Facility Bonds Project Emergency Approval Resolution of 2000”, was approved effective June 6, 2000.
Resolution 13-559, the “National Geographic Society Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective June 6, 2000.
Resolution 13-557, the “World Wildlife, Inc. Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective June 6, 2000.
Resolution 13-540, the “Kingsbury Center, Inc. Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective May 19, 2000.
Resolution 13-526, the “American Chemical Society Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective April 18, 2000.
Resolution 13-510, the “District of Columbia Tax Increment Revenue Bond Mandarin Hotel Project Emergency Approval Resolution of 2000”, was approved effective March 7, 2000.
Resolution 13-504, the “Smithsonian Institution Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective March 7, 2000.
Resolution 13-502, the “Public Welfare Foundation, Inc. Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective March 7, 2000.
Resolution 13-500, the “Community Academy Public Charter School Revenue Bond Project Emergency Approval Resolution of 2000”, was approved effective March 7, 2000.
Resolution 13-405, the “District of Columbia Tax Increment Revenue Bond Gallery Place Project Emergency Approval Resolution of 1999”, was approved effective December 7, 1999.
Resolution 13-358, the “800 8th Street, N.W., L.L.C. Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective November 2, 1999.
Resolution 13-342, the “George Washington University Revenue Bond Project Approval Resolution of 1999”, was approved effective November 2, 1999.
Resolution 13-341, the “American National Red Cross Revenue Bond Project Approval Resolution of 1999”, was approved effective November 2, 1999.
Resolution 13-323, the “American Immigration Lawyers Association Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective October 5, 1999.
Resolution 13-217, the “Arnold & Porter Enterprise Zone Revenue Bonds Project Emergency Approval Resolution of 1999”, was approved effective July 6, 1999.
Resolution 13-215, the “819 7th Street, LLC Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective July 6, 1999.
Resolution 13-213, the “Planned Parenthood Federation of America, Inc. Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective July 6, 1999.
Resolution 13-211, the “Washington Home, Inc. Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective July 6, 1999.
Resolution 13-209, the “President and Directors of Gonzaga College Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective July 6, 1999.
Resolution 13-207, the “Catholic University of America Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective July 6, 1999.
Resolution 13-155, the “Gems, Incorporated Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective June 8, 1999.
Resolution 13-153, the “Army Distaff Foundation, Inc. Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective June 8, 1999.
Resolution 13-127, the “Americans United for Separation of Church and State Revenue Bond Project Emergency Resolution of 1999”, was approved effective May 4, 1999.
Resolution 13-101, the “Georgetown University Revenue Refunding Bond Project Emergency Approval Resolution of 1999”, was approved effective March 16, 1999.
Resolution 13-99, the “Whitman-Walker Clinic Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective March 16, 1999.
Resolution 13-97, the “Young Men’s Christian Association of Metropolitan Washington Revenue Bond Project Emergency Approval Resolution of 1999”, was approved effective March 16, 1999.
Individual Development, Inc. (Successor to We Care Projects, Inc.) Revenue Bond Project Emergency Approval Resolution of 1996: Pursuant to Resolution 11-670, effective December 3, 1996, the Council approved, on an emergency basis, the issuance, sale, and delivery of District of Columbia revenue bonds and the loan of proceeds thereof to assist in the financing, refinancing, or reimbursing of costs related to certain intermediate care residential facilities for the mentally retarded owned and operated by Individual Development, Inc. (Successor to We Care Projects, Inc.).
Lucy Webb Hayes National Training School for Deaconesses and Missionaries, in care of Sibley Memorial Hospital, Hospital Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-524, effective October 1, 1996, the Council approved the issuance, sale, and delivery of District of Columbia Revenue Bonds and the loan of proceeds thereof to assist in the financing, refinancing, or reimbursing of costs related to the Lucy Webb Hayes National Training School for Deaconesses and Missionaries, in care of Sibley Memorial Hospital.
Howard University Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-418, effective July 3, 1996, the Council approved the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to the Howard University Revenue Bond Project.
Georgetown University Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-417, effective July 3, 1996, the Council approved the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to the Georgetown University Revenue Bond Project.
American University Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-416, effective July 3, 1996, the Council approved the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to the American University Revenue Bond Project.
Carnegie Endowment for International Peace Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-203, effective January 4, 1996, the Council approved the Carnegie Endowment for International Peace Revenue Bond Project.
“Medlantic Healthcare Group, Inc., Revenue Bond Project Approval Resolution of 1995: Pursuant to Resolution 11-163, effective November 7, 1995, the Council approved the loan of proceeds from the issuance and sale of District of Columbia Revenue Bonds to Medlantic Healthcare Group, Inc., d/b/a Washington Hospital Center, and National Rehabilitation Hospital (‘Medlantic’).”
Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, Concerning Certain Industrial Revenue Bond Transactions, see Mayor’s Order 2000-103, June 27, 2000 ( 47 DCR 5785).
Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, Concerning Certain Industrial Revenue Bond Transactions, see Mayor’s Order 2000-90, June 7, 2000 ( 47 DCR 5268).
Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, see Mayor’s Order 2000-69, April 28, 2000 ( 47 DCR 4751).
Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, to the CFO with Respect to Bonds, Notes or Other Obligations of the Public Welfare Foundation, et al., see Mayor’s Order 2000-48, March 29, 2000 ( 47 DCR 4723).
Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, and the American Red Cross Revenue Bond Project Approval Resolution of 1999, see Mayor’s Order 2000-25, February 9, 2000 ( 47 DCR 1037).
Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, and the George Washington University Revenue Bond Project Approval Resolution of 1999, see Mayor’s Order 2000-24, February 9, 2000 ( 47 DCR 1036).
Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, see Mayor’s Order 2000-1, January 7, 2000 ( 47 DCR 1011).
Delegation of Authority under the District of Columbia Home Rule Act, see Mayor’s Order 98-95, June 16, 1998 ( 45 DCR 4571).
Delegation of functions under Acts Authorizing the Issuance of Revenue Bonds, Notes and Other Obligations: See Mayor’s Order 93-104, July 15, 1993.
Delegation of functions under s 490(e)(6) of the D.C. Self-Government and Government Reorganization Act of 1973, as amended, D.C. Code s 1-204.90(e)(6): See Mayor’s Orders 91-154, October 1, 1991; 92-73, June 16, 1992; 93-170, October 22, 1993.
Delegation of contracting authority, see Mayor’s Order 91-92, June 7, 1992.
Delegation of functions under section 490(e)(6) of the District of Columbia Self-Government and Governmental Reorganization Act of 1973 as amended: See Mayor’s Order 85-39, April 1, 1985.
Delegation of authority under Ottenberg’s Bakers Inc., Projects Revenue Bond Act of 1984, see Mayor’s Order 84-188, October 23, 1984.
Section 5 of D.C. Law 19-321 provided that the act shall take effect as provided in § 1-203.03.
For temporary (90 day) addition of tax increment financing for retail development, see §§ 2 to 17 of Retail Incentive Second Congressional Review Emergency Act of 2004 (D.C. Act 15-482, July 19, 2004, 51 DCR 7820).
For temporary (90 day) addition of tax increment financing for retail development, see §§ 2 to 17 of Retail Incentive Congressional Review Emergency Act of 2003 (D.C. Act 15-214, November 7, 2003, 50 DCR 10011).
For temporary (90 day) addition of tax increment financing for retail development provisions, see § 2 of Retail Incentive Emergency Act of 2003 (D.C. Act 15-140, July 29, 2003, 50 DCR 6868).
For temporary (225 day) additions, see §§ 2 to 16 of Retail Incentive Temporary Act of 2003 (D.C. Law 15-58, December 9, 2003, law notification 51 DCR 1793).
D.C. Law 19-321 substituted “ Section 1-204.46(c)” for “The fourth sentence of § 1-204.46” in (f), (g)(3), (h)(3), and (i)(3).
Public Law 106-522 redesignated subsections (i) through (m) as subsections (j) through (n), respectively; and added a new subsec. (i)
1973 Ed., § 47-254.
1981 Ed., § 47-334.
This section is referenced in § 1-204.46, § 1-204.48, § 1-204.96, § 1-206.03, § 1-308.01, § 1-308.02, § 1-308.03, § 1-308.07, § 1-325.43, § 2-602, § 2-1217.02, § 2-1217.12, § 2-1217.33b, § 2-1217.33f, § 2-1217.34b, § 2-1217.34e, § 2-1217.71, § 2-1217.77, § 2-1217.79, § 2-1217.102, § 2-1217.103, § 2-1217.104, § 2-1217.132, § 2-1217.133, § 2-1217.137, § 6-209, § 7-1831.03, § 8-1778.02, § 8-1778.21, § 8-1778.22, § 8-1778.24, § 9-107.51, § 9-107.52, § 9-107.53, § 9-107.55, § 9-1108.01, § 10-1202.09, § 10-1221.02, § 10-1221.03, § 10-1601.02, § 10-1601.03, § 10-1602.02, § 10-1602.03, § 34-1311.02, § 34-1312.01, § 34-1312.04, § 34-2202.01, § 34-2202.08, § 42-2702.06, § 42-2812.02, § 42-2812.03, § 42-2812.04, § 44-951.16, § 47-131, § 47-334, § 47-335, § 47-340.01, § 47-340.04, § 47-340.26, § 47-340.27, § 47-340.29, § 47-340.31, § 47-398.06, § 47-1052, § 47-4611, § 47-4613, and § 50-2512.
Water and sewer authority, delegation of Council authority to issue bonds, see § 34-2202.08.
Washington convention center authority, delegation of council authority to issue bonds, see § 10-1202.09.
Tax increment financing, bond authorization and forward commitment, see § 2-1217.02.
Sports and entertainment commission, Council delegation of bond and note issuance authority, see § 3-1411.
Sports and entertainment commission, bonds, issuance, terms, see § 3-1412.
Public parking authority, Council delegation of power to issue revenue bonds, see § 50-2512.
National capital revitalization corporation; revenue bonds, notes, or other obligations, see § 2-1219.18.
Housing finance agency, delegation of Council authority to issue revenue bonds, see § 42-2702.06.
General fund and special accounts, industrial revenue bond program, see § 47-131.