Chairman Linda W. Cropp at the request of the
Mayor
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill,
which was referred to the Committee on Economic Development.
To authorize the establishment of the Chesapeake Regional Olympic Games Authority as a
joint mechanism of Virginia, Maryland (including Baltimore) and the District of Columbia
to be activated only if the region is awarded the 2012 Olympic Games and to delineate the
United States Olympic Committee and International Olympic Committee required
jurisdictional commitments to be carried out, individually and collectively, by Maryland,
Baltimore, Virginia, and the District of Columbia, when and if the region is awarded the
2012 Olympic Games.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Chesapeake Regional Olympic Games Authority Act of 2001 ".
Sec. 2. Findings.
(a) The Commonwealth of Virginia, the State of Maryland, the District of Columbia, and
the City of Baltimore, hereinafter "Signatories," hereby enter into an
agreement, as set forth below, for the purpose of hosting the 2012 Olympic Games.
(b) For some time now, the State of Maryland (including the City of Baltimore), the
District of Columbia, and the Commonwealth of Virginia — through the nonprofit
organization known as the Washington/Baltimore Regional 2012 Coalition (WBRC 2012) — have
been actively engaged in national competition to win the U.S. Candidate City designation
and, subsequently, the Host City designation and the right to host the 2012 Olympic Games.
(c) Hosting the Olympic Games will provide several major, lasting, and unique benefits
for all of the citizens of the Chesapeake region, including:
(A) Direct, positive economic impact on our regional economy;
(B) An opportunity to showcase our region to the world;
(C) A catalyst for regional action; and
(D) A renewed sense of pride along with a tangible legacy (such as new and improved
venues and enhanced transportation infrastructure).
(d) Independent economic studies show that preparing for and hosting the Olympic Games
will have a positive economic impact on the region, including:
(1) Direct and indirect spending in excess of $5,000,000,000;
(2) The creation of approximately 70,000 jobs;
(3) Increased tax revenues resulting from Olympic related economic activity in excess
of $130,000,000, without raising or creating any new taxes; and(4) A lasting improvement in the region’s competitive position within the
travel/tourism industry, as well as the region’s ability to attract new businesses.
(e) The citizens of the region have responded positively to WBRC 2012’s efforts and
solidly embraced the cause to host the Olympic Games, expressed in part by the endorsement
of scores of local business, civic, governmental, academic, and amateur sports
organizations, and by survey results that show:
(1) 82% of the region’s residents support the effort to bring the 2012 Olympic Games to
this area; and(2) 86% of area residents believe that the Olympic Games will bring substantial
economic benefits to our region.
(f) Through the submission of the region’s official bid proposal to the United States
Olympic Committee (USOC) on December 15, 2000, WBRC 2012 reached a milestone in the
process of capturing the Olympic Games by providing a 631-page logistical, operational,
and financial blueprint for hosting the 2012 Games.
(g) The bid proposal highlights the great venues and vistas found in our region and is
developed around key principles, including:
(1) Building less, not more;
(2) Utilizing mass transit; and
(3) Protecting the environment.
(h) In addition to the region’s bid proposal, the USOC and the International Olympic
Committee ("IOC") require certain government guarantees and commitments in
conjunction with hosting the 2012 Olympic Games, should our region win the U.S. Candidate
City designation.
(i) Our unique regional approach to winning the right to host the Olympic Games creates
the added complication of determining which entities will provide the necessary
guarantees.
(j) It is incumbent upon WBRC 2012 and government leaders to move forward together now
to craft the solution that best "lives regionalism" and maximizes the region’s
chances of winning the 2012 Olympic Games, and reaping the many benefits that come with
this honor.
(k) Given that all four jurisdictions — Virginia, Maryland, the District of Columbia,
and Baltimore — will host a significant number of events and reap substantial benefits,
the most effective solution for all four jurisdictions is to enter into a single agreement
that gives the USOC (and subsequently the IOC) a single focal point and a united front
that reflects the regional nature of our bid.
Sec. 3. Purpose.
The purpose of this act is to create a Regional Authority to oversee the conduct of the
2012 Olympic Games, coordinated and managed by the local Organizing Committee for the
Olympic Games ("OCOG"), and to assure that the region’s guarantees and
commitments accepted in conjunction with hosting the Olympic Games are fulfilled.
Sec. 4. Definitions.
For the purposes of this act, the term:
(1) "United States Olympic Committee" and "USOC" shall mean the
United States Olympic Committee, incorporated by Act of Congress on September 21, 1950,
and having perpetual succession;
(2) "International Olympic Committee" and "IOC" shall mean the
International Olympic Committee, a body corporate under international law created by the
Congress of Paris of 23rd June, 1894, and having perpetual succession;
(3) "Olympic Games" shall mean any Olympic Games sponsored and governed by
the International Olympic Committee and any other educational, cultural, athletic, or
sporting events related or preliminary thereto;
(4) "Bid Proposal" shall mean the bid formally submitted by WBRC 2012 to the
USOC on December 15, 2000;
(5) "U.S. Candidate City" shall mean the entity that has received the United
States Olympic Committee’s endorsement to submit to the IOC the sole bid from the United
States for the hosting of the 2012 Olympic Games;
(6) "Host City" shall mean the entity that has been selected by the
International Olympic Committee to host the 2012 Olympic Games;
(7) "WBRC 2012" shall mean Washington/Baltimore Regional 2012 Coalition, a
not for-profit corporation organized under the laws of the State of Maryland, and its
successors; and
(8) "Organizing Committee for the Olympic Games," and "OCOG" shall
mean the Committee formed by WBRC 2012 to organize and conduct the Olympic Games, if WBRC
2012 is selected by the IOC as the Host City in 2005.
Sec. 5. Creation of the Regional Authority. The Signatories hereby provide the
mechanism for the creation and termination of the Chesapeake Regional Olympic Games
Authority, hereinafter "Regional Authority," which shall be an instrumentality
of the District of Columbia, the Commonwealth of Virginia, the State of Maryland, and the
City of Baltimore, and shall have the powers and duties set forth herein, and those
additional powers and duties conferred upon it by subsequent actions of the signatories:
(a) The Regional Authority shall come into existence by the force of this act when and
if, and only if, the IOC awards the 2012 Olympic Games in year 2005 to WBRC 2012, as the
U.S. Candidate City and the official representative of the Maryland, Virginia, District of
Columbia, Baltimore region;
(b) The Regional Authority shall, if ever brought into existence, cease to exist by the
force of this act on January 1, 2014, unless extended by substantially similar future
legislation passed by each of the Signatories; and
(c) Until such time as the Regional Authority may be triggered into existence, the
combined signatures of the Governors of Virginia and Maryland, and the Mayors of the
District of Columbia and Baltimore, on any and all documents necessary and appropriate to
the pursuit of the 2012 Olympic Games shall be deemed binding on future actions of the
Regional Authority. For the purposes of this subsection:
(1) the above-referenced signatures may be on the same document, on separate but
materially and substantially similar documents, or any combination thereof; and(2) no individual signature shall be deemed effective until such time as all four
above-referenced signatures are obtained.
Sec. 6. Regional Authority Composition; Terms of Service; Order of Business;
Accounting; Advisory Committee.
(a) The Regional Authority shall be composed of 11 Voting Members, as follows:
(1) The State of Maryland shall be entitled to 3 Voting Members, to be appointed by the
Governor;
(2) The Commonwealth of Virginia shall be entitled to 3 Voting Members, to be appointed
by the Governor;(3) The District of Columbia shall be entitled to 3 Voting Members, to be appointed by
the Mayor;(4) The City of Baltimore shall be entitled to 1 Voting Member, to be appointed by the
Mayor;(5) The Washington/Baltimore Regional 2012 Coalition, a not-for-profit corporation
created for the sole purpose of bringing the Olympic Games to the region, or the OCOG,
shall be entitled to 1 Voting Member, to be appointed in a manner consistent with its
usual procedure.
(b) Reasonable efforts shall be made to ensure that appointments of Voting Members and
Advisory Members appointed under subsection (g) of this section:
(1) Are residents of the regional community with relevant and useful experience, and
with sufficient time to devote to the duties of the Regional Authority, to help facilitate
the successful hosting of the Olympic Games;(2) Reflect the geographical diversity inherent in the regional nature of WBRC 2012’s
bid proposal; and(3) Reflect the cultural, ethnic, and racial diversity inherent in the Chesapeake
Region; and
(c) Voting Members shall not be financially compensated for their service on the
Regional Authority; such service shall be considered voluntary. Voting Members may be
reimbursed by the Regional Authority for normal and customary expenses incurred in the
performance of their duties.
(d) The terms of the Voting Members of the Regional Authority shall be as follows:
(1) The initial terms of office of the Voting Members shall be two years from the date
of appointment, and all subsequent terms of office of the Voting Members shall be for two
years. Each Voting Member shall hold office until his or her successor shall be appointed
and duly qualified. Any Voting Member of the Regional Authority may succeed himself or
herself;(2) All vacancies in the membership of the Voting Members of the Regional Authority,
whether caused by expiration of term of office, death, resignation, or otherwise, shall be
filled in the same manner as that membership was originally filled. The term of any Voting
Member, appointed to fill an unexpired term, shall be the term of the Voting Member he or
she replaced; and(3) The Regional Authority shall elect from its membership a chair, a vice chair, a
secretary, and a treasurer. Such officers shall serve for such terms as shall be
prescribed by resolution of the Regional Authority or until their successors are elected
and qualified. No Voting Member of the Regional Authority shall hold more than one office
on the Regional Authority.
(e) The Regional Authority shall hold meetings in accordance with the following:
(1) Regular meetings of the Regional Authority shall be held on such dates and at such
time and place as shall be fixed by resolution of the Regional Authority;
(2) Special meetings of the Regional Authority may be called by resolution of the
authority, by the chairman or vice chairman, or upon the written request of at least three
Voting Members of the Regional Authority;
(3) Written notice of all meetings shall be delivered to each Voting Member, not less
than three days prior to the date of such meeting in the case of regular meetings and not
less than twenty-four hours in the case of special meetings;
(4) Each Voting Member should make all reasonable efforts to be in attendance at
meetings called by the Regional Authority;(5) A majority of the Voting Members of the Regional Authority in office shall
constitute a quorum. A majority of the quorum is empowered to exercise all the rights and
perform all the duties of the Regional Authority and no vacancy on the Regional Authority
shall impair the right of such majority to act. If at any meeting there is less than a
quorum present, a majority of those present may adjourn the meeting to a fixed time and
place, and notice of such time and place shall be given in accordance with paragraph (3)
of this subsection, provided that if this notice period cannot reasonably be complied
with, such notice, if any, of such adjourned meeting shall be given as is reasonably
practical; and
(6) The Regional Authority shall establish rules and regulations for its own
governance, not inconsistent with this act.
(f) The Regional Authority shall:
(1) Make provision for a system of financial accounting and controls, audits, and
reports. All accounting systems and records, auditing procedures and standards, and
financial reporting shall conform to generally accepted principles of governmental
accounting. All financial records, reports, and documents of the Regional Authority shall
be public records and open to public inspection under reasonable regulations prescribed by
the Regional Authority; and(2) Adopt a fiscal year, establish a system of accounting and financial control,
designate the necessary funds for complete accountability, and specify the basis of
accounting for each such fund. The Regional Authority shall cause to be prepared a
financial report on all funds at least quarterly and a comprehensive report on the fiscal
operations and conditions of the Regional Authority annually.
(g) The Regional Authority shall form a Regional Authority Advisory Committee, which
shall be comprised of representatives ("Advisory Members") from each of the
local jurisdictions substantially impacted by hosting the Olympic Games in the region, in
a manner to be determined by the Regional Authority.
Sec. 7. Compliance with Local Law.
The Regional Authority shall make every effort to comply with the local laws of each of
the Signatories to this act, regarding disclosure, appointment, and open meetings.
Sec. 8. Funding of the Regional Authority.
(a) The OCOG will provide reasonable funds for the operation of the Regional Authority
and the conduct of its business in accordance with the provisions of this act.
(b) For the purposes of this section, payment of any insurance premiums incurred by the
Regional Authority under the authority granted to it by section 9 shall not be considered
operations funds referred to in subsection (a) of this section. The OCOG shall pay only
such insurance premiums as are reasonable.
(c) The OCOG shall not be responsible for any financial liability that the Regional
Authority may incur under section 9.
(d) The Regional Authority shall submit to the OCOG a planned budget for the Regional
Authority’s next fiscal year, adopted consistent with section 6(d)(2), no less than 90
days before the beginning of the next fiscal year.
Sec. 9. Regional Authority Oversight of the Organizing Committee for the Olympic Games;
Additional Powers.
(a) The Regional Authority, in recognition of its oversight responsibility over the
OCOG, shall have access to:
(1) The quarterly financial statements of the OCOG;
(2) The annual business plans of the OCOG; and
(3) All other OCOG documents necessary to achieve its oversight purpose.
(b) The Regional Authority shall have the power to enforce OCOG budgetary and planning
changes when:
(1) Review by the Regional Authority of the OCOG financial statements, annual business
plans, or other documents contemplated in section 9(a) suggests:(A) Economic shortfalls that would possibly trigger the Regional Authority’s liability
outlined in section 9(c); or(B) The OCOG will fail to host the Olympic Games in a manner that would satisfy the
requirements of the USOC or the IOC; and(2) Such changes are supported by a majority of the voting members of the Regional
Authority, notwithstanding the quorum requirements of section 6(c)(5).
(c) The Regional Authority, in recognition of its duties as overseer of the OCOG,
shall:
(1) Be bound by the terms of, cause the OCOG to perform, and guaranty performance of
the OCOG’s obligations under all documents necessary and appropriate to the pursuit of the
Olympic Games;(2) Certify the OCOG’s performance of such obligations as requested by the USOC from
time to time; and(3) Accept liability for the OCOG, if any, as far as required by all documents
necessary and appropriate to the pursuit and hosting of the Olympic Games; provided,
however, that:(A) with regard to third-party tort liabilities the OCOG will both indemnify the
District of Columbia against any and all such claims and provide that the District of
Columbia be named as an additional insured on all appropriate insurance policies. In any
event, nothing contained herein shall in any way modify the District of Columbia’s
existing liability limitation; and(B) with regard to all other liabilities arising out of this subsection, the OCOG
agrees to hold the District of Columbia harmless and indemnify the District of Columbia
for any such losses. Should the District of Columbia incur any liabilities, these shall
count against the total limit (or cap) on the District of Columbia’s liabilities as set
forth in section 10(a)(3).
(4) Accept liability, if any, with the OCOG, for any financial deficit of the OCOG, or
the Olympic Games, as follows:(A) The OCOG shall be responsible for any amount up to $25M;
(B) The Regional Authority shall be liable for any amount in excess of $25M, but not to
exceed an additional $175M; and(C) Except as set forth in existing applicable law, the OCOG and the Regional Authority
shall not be limited in their choice of funding sources for covering possible financial
losses, including but not limited to the purchase of insurance, if commercially available
and reasonably priced.
(d) The Regional Authority, in its financial oversight and safeguard role, shall
ensure:
(1) No legacy programs, funds, or accounts shall be funded from any of the proceeds of
the 2012 Olympic Games until all budgetary and operational financial obligations of the
OCOG and the Regional Authority for hosting the Olympic Games are first met; and(2) No liability for any financial deficit resulting from the 2012 Olympic Games shall
accrue to the Regional Authority (or the Signatories) until all budgetary and/or
operational financial surpluses of the OCOG, if any, are applied to all outstanding
financial obligations of OCOG and the Regional Authority, if any, accrued exclusively in
connection with hosting the Olympic Games.
(e) The Regional Authority, in order to facilitate its oversight responsibility over
the OCOG, shall have the additional powers:
(1) To sue and be sued in contract and in tort;
(2) To complain and defend in all courts;
(3) To implead and be impleaded;
(4) To enter into contracts;
(5) To hire appropriate staff; and
(6) Any additional powers granted to it by subsequent legislation.
Sec. 10. Indemnification.
(a) Any liability incurred by the Regional Authority, not covered by insurance under
section 9(c)(4)(C), shall be further indemnified by the Signatories of this act, in
proportion to the 35 relative economic benefit currently expected to accrue to each
Signatory from hosting the 36 Olympic Games, as follows:
(1) The State of Maryland shall be liable for 53%;
(2) The Commonwealth of Virginia shall be liable for 19%; and
(3) The District of Columbia shall be liable for 28%.
(b) Each of the signatories to this act may provide for its share of any possible
liability in any manner it may choose, as befits each signatory’s independent commitment.
Sec. 11. Commitments of Signatories.
(a) As appropriate to its individual jurisdiction and specific role in hosting the 2012
45 Olympic Games, each Signatory agrees to:
(1) Ensure that necessary facilities are built and transportation infrastructure
improvements take place, including government funding as appropriate;(2) Provide access to existing state/city-controlled facilities and other important
resources as specified in WBRC 2012’s bid proposal, in accordance with applicable law and
contractual obligations; and(3) Provide adequate security, fire protection and other government related services at
a reasonable cost to ensure for the safe and orderly operation of the Olympic Games.
(b) Notwithstanding any other provision of this act, any financial obligation or
liability that the District of Columbia may incur by virtue of this act is subject to the
availability of appropriations authorized by Congress at the time the obligation or
liability is created.
(c) Notwithstanding any other provision of this act, any provision of this act that
grants the Regional Authority any authority, power, duty or function that conflicts with
the District of Columbia Home Rule Act, approved December 24, 1973, Pub. L. 93-198,
including, without limitation, sections 6, 8, and 9, shall be approved by Congress prior
to the exercise of that authority, power, duty or function by the Regional Authority.
Sec. 12. Effective Date.
(a) This act shall take effect following approval by the Mayor (or in the event of a
veto by the Mayor, action by the Council to override the veto), approval by the Financial
Responsibility and Management Assistance Authority as provided in section 203 (a) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), a 30-day period of
Congressional review as provided in section 602(c)(1) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(1)), and
publication in the District of Columbia Resister; or
(b) Enactment of substantially similar legislation by each of the Signatories,
whichever last occurs.