(a) There is established as a special fund the West End Library and Fire Station Maintenance Fund ("Maintenance Fund"),which shall be used solely to fundthe expenses of providing: supplemental maintenance service; common-area maintenance service; insurance; and capital improvements for the West End Library and West End Fire Station (collectively, the "Operating Expenses"). The Maintenance Fund shall supplement such other sums as are annually appropriated for the operation of branch libraries and fire stations, including the West End Library and West End Fire Station, and shall be used solely to ensure that both facilities are maintained in a manner that is consistent with the high-quality conditions of the larger buildings of which they are a part. The Maintenance Fund shall be used first to pay for the Operating Expenses, before other District funds are used, but the Maintenance Fund shall not be used otherwise to supplant local funds typically appropriated for the operation of branch libraries and fire stations.
(b) The Chief Financial Officer shall deposit into the Fund 85% of the Deed Transfer and Recordation Taxes attributable to the new buildings constructed on Lots 836, 837, and 855 in Square 37 (or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units).
(c) All funds deposited into the Fund, and any interest earned on those funds, 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 (a) of this section without regard to fiscal year limitation, subject to appropriation.
(d)(1) The Department of General Services, in close consultation with the District of Columbia Public Library, shall manage the Maintenance Fund. To the extent that monies are needed to pay for the Operating Expenses, in addition to the Maintenance Fund, for the West End Library and the West End Fire Station, the additional monies appropriated for that purpose shall be allocated between the West End Library and West End Fire Station based upon each facility's respective proportionate share of the total annual aggregate Operating Expenses, as jointly determined by the Chief Librarian of the District of Columbia Public Library and the Director of the Department of General Services.
(2) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Fund. This request shall be prepared for the Mayor by the Department of General Services working in close consultation with the District of Columbia Public Library. The appropriation for expenditures from the Maintenance Fund shall be depicted as a separate activity within the budget of the Department of General Services. Any monies received but not expended in a given fiscal year shall be retained by the Fund.
(e) The Fund shall be audited annually by the Inspector General, who shall transmit the audit report to the Mayor and Council no later than 90 days after close of the fiscal year. The annual audit shall include:
(1) The assets, liabilities, fund balance, revenue, and expenditures of the Fund;
(2) A detailed accounting of the Fund’s expenditures; and
(3) Identification of any Fund expenditures that were not permitted under the law.
(Apr. 8, 2011, D.C. Law 18-368, § 4, 58 DCR 991; Mar. 11, 2017, D.C. Law 21-221, § 2, 64 DCR 177.)
Section ReferencesThis section is referenced in § 47-919.
Editor's NotesSection 2 of D.C. Law 18-368 provided:
“Definitions.
“For the purposes of this act, the term:
“(1) ‘Deed Transfer and Recordation Taxes’ means the revenue resulting from the imposition of the taxes under section 303 of the District of Columbia Deed Recordation Tax Act of 1962, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1103), and section 47-903 of the District of Columbia Official Code.
“(2) ‘Developer’ means Eastbanc-W.D.C. Partners, LLC., its successors, affiliates, and assigns, either collectively or individually.
“(3) ‘District Property’ means the West End Library Property, Special Operations/MPD Building Property, and the West End Fire Station Property, as defined in paragraph (9) of this section.
“(4) ‘Fund’ means the West End Library and Fire Station Maintenance Fund established by section 4.
“(5) ‘Fund Managers’ means the Chief Librarian of the District of Columbia Public Library and the Mayor.
“(6) ‘LDDA’ means the Land Development and Disposition Agreement between the District and the Developer pursuant to the West End Parcels Disposition Approval Resolution of 2010, effective July 13, 2010 (Res.18-553; 57 DCR 7623).
“(7) ‘Maintenance Agreement’ means a West End Library and Fire Station Maintenance Agreement by and among the Fund Managers, and Developer, or its successors, or assigns, and established pursuant to section 5.
“(8) ‘Project’ means the acquisition, development, construction, installation, and equipping of the multi-use project to be located on the Property, to include:
“(A) A new library, estimated to contain approximately 20,000 gross square feet;
“(B) A new fire station, estimated to contain approximately 16,000 gross square feet;
“(C) A residential building on Square 37 estimated to contain approximately 224,390 gross square feet with approximately 153 units;
“(D) A residential rental building, including affordable housing units in Square 50, subject to public financial assistance;
“(E) Retail space estimated to contain approximately 9,600 gross square feet; and
“(F) Below-grade parking.
“(9) ‘Property’ means the following parcels of land located in Squares 37 and 50 in the District:
“(A) Square 37, Lot 836 (‘West End Library Property’);
“(B) Square 37, Lot 837 (‘Special Operations/MPD Building Property’);
“(C) Square 37, Lot 855 (‘Developer Property’);
“(D) Square 50, Lot 822 (‘West End Fire Station Property’); and
“(E) Related air rights parcels.
“(10) ‘West End Fire Station’ means a new fire station in Square 50 in the West End to be constructed by the Developer pursuant to the LDDA.
“(11) ‘West End Library’ means a new neighborhood branch library to be constructed in Square 37 in the West End by the Developer pursuant to the LDDA.”