The Commonwealth of Virginia, the State of Maryland, the District of
Columbia, and the City of Baltimore, hereinafter "Signatories," hereby enter into an
interstate compact, as set forth below, for the purpose of hosting the 2012 Olympic
Games. This interstate compact shall be known and may be cited as the Chesapeake
Regional Olympic Games Authority Act.
Article I.
Findings.
The Maryland General Assembly finds that:
1. 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.
2. 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 (e.g. new
and improved venues and enhanced transportation infrastructure).
3. Independent economic studies show that preparing for and hosting the
Olympic Games will have a positive economic impact on the region, including:
(a) Direct and indirect spending in excess of $5,000,000,000;
(b) The creation of approximately 70,000 jobs;
(c) Increased tax revenues resulting from Olympic related economic
activity in excess of $130,000,000, without raising or creating any new taxes; and
(d) 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.
4. 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:
(a) 82% of the region's residents support the effort to bring the 2012
Olympic Games to this area; and
(b) 86% of area residents believe that the Olympic Games will bring
substantial economic benefits to our region.
5. 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.
6. The bid proposal highlights the great venues and vistas found in our
region and is developed around key principles, including:
(a) Building less, not more;
(b) Utilizing mass transit; and
(c) Protecting the environment.
7. 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.
8. 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.
9. 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.
10. 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.
Article II.
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.
Article III.
Definitions.
For the purposes of this Act, the term:
(a) "Bid proposal" shall mean the bid formally submitted by WBRC 2012 to
the USOC on December 15, 2000;
(b) "Host City" shall mean the entity which has been selected by the
International Olympic Committee to host the 2012 Olympic Games;
(c) "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;
(d) "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;
(e) "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;
(f) "Regional Authority" shall mean the Chesapeake Regional Olympic
Games Authority;
(g) "Signatories" shall mean the Commonwealth of Virginia, the State of
Maryland, the District of Columbia, and the City of Baltimore;
(h) "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;
(i) "U.S. Candidate City" shall mean the entity which 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; and
(j) "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.
Article IV.
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, and Baltimore region; and
(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 enacted 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 the City of 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:
(i) The above referenced signatures may be on the same document,
on separate but materially and substantially similar documents, or any combination
thereof; and
(ii) No individual signature shall be deemed effective until such time
as all four above referenced signatures are obtained.
Article V.
Regional Authority Composition; Terms of Service; Order of Business; Accounting.
1. (a) The Regional Authority shall be composed of 11 "voting
members," as follows:
(i) The State of Maryland shall be entitled to three voting
members, to be appointed by the Governor;
(ii) The Commonwealth of Virginia shall be entitled to three
voting members, to be appointed by the Governor;
(iii) The District of Columbia shall be entitled to three voting
members, to be appointed by the Mayor;
(iv) The City of Baltimore shall be entitled to one voting
member, to be appointed by the Mayor; and
(v) 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 one voting member, to be appointed in a
manner consistent with its usual procedure;
(b) The Regional Authority shall cause to be formed 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;
(c) Reasonable efforts should be made to ensure that appointments
of voting members and advisory members:
(i) 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;
(ii) Reflect the geographical diversity inherent in the regional
nature of WBRC 2012's bid proposal; and
(iii) Reflect the cultural, ethnic, and racial diversity inherent in
the Chesapeake Region; and
(d) 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.
2. The terms of the voting members of the Regional Authority shall be as
follows:
(a) The initial terms of office of the voting members shall be 2 years
from the date of appointment, and all subsequent terms of office of the voting
members shall be for 2 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; and
(b) 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
for the remainder of the term.
3. The Regional Authority shall elect from its membership a chairman, a
vice chairman, 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.
4. The Regional Authority shall hold meetings in accordance with the
following:
(a) 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;
(b) 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;
(c) Written notice of all meetings shall be delivered to each voting
member, not less than 3 days prior to the date of such meeting in the case of regular
meetings and not less than 24 hours in the case of special meetings;
(d) Each voting member should make all reasonable efforts to be in
attendance at meetings called by the Regional Authority; and
(e) 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 subsection (c) of this section, provided that if the notice period under
subsection (c) of this section cannot reasonably be complied with, such notice, if any,
of such adjourned meeting shall be given as is reasonably practical.
5. The Regional Authority shall establish rules and regulations for its own
governance, not inconsistent with this Act.
6. The Regional Authority shall:
(a) 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 record and open to public inspection under
reasonable regulations prescribed by the Regional Authority; and
(b) 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.
Article VI.
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.
Article VII.
Funding of the Regional Authority.
1. 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.
2. For the purposes of this article, payment of any insurance premiums
incurred by the Regional Authority under the authority granted to it by Article VIII
shall not be considered operations funds referred to in subsection 1 of this article. The
OCOG shall pay only such insurance premiums as are reasonable.
3. The OCOG shall not be responsible for any financial liability that the
Regional Authority may incur under Article VIII of this Act.
4. The Regional Authority shall submit to the OCOG a planned budget for
the Regional Authority's next fiscal year, adopted consistent with Article V 6 (b) of
this Act, no less than 90 days before the beginning of the next fiscal year.
Article VIII.
Regional Authority Oversight of the Organizing Committee for the Olympic Games;
Additional Powers.
1. The Regional Authority, in recognition of its oversight responsibility
over the OCOG, shall have access to:
(a) The quarterly financial statements of the OCOG;
(b) The annual business plans of the OCOG; and
(c) All other OCOG documents necessary to achieve its oversight
purpose.
2. The Regional Authority shall have the power to enforce OCOG
budgetary and planning changes when:
(a) Review by the Regional Authority of the OCOG financial
statements, annual business plans, or other documents contemplated in Article VIII
1 of this Act suggests:
(i) Economic shortfalls that would possibly trigger the
Regional Authority's liability outlined in Article VIII 3 of this Act; or
(ii) The OCOG will fail to host the Olympic Games in a manner
that would satisfy the requirements of the USOC or the IOC; and
(b) Such changes are supported by a majority of the voting members
of the Regional Authority, notwithstanding the quorum requirements of Article V 4
(e) of this Act.
3. The Regional Authority, in recognition of its duties as overseer of the
OCOG, shall:
(a) 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;
(b) Certify the OCOG's performance of such obligations as requested
by the USOC from time to time;
(c) 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:
(i) With regard to third-party tort liabilities, the OCOG will
both indemnify the State against any and all such claims and provide that the State
be named as an additional insured on all appropriate insurance policies, and, in any
event, nothing contained herein shall in any way modify the State's existing liability
limitation;
(ii) With regard to all other liabilities arising out of this
subsection, the OCOG agrees to hold the State harmless and indemnify the State for
any such losses; and
(iii) Should the State incur any liabilities, the liabilities shall
count against the total limit (or cap) on the State's liabilities as noted in section (d)
of this article and Article IX 1 below; and
(d) Accept liability, if any, with the OCOG, for any financial deficit of
the OCOG, or the Olympic Games, as follows:
(i) The OCOG shall be responsible for any amount up to $25
million;
(ii) The Regional Authority shall be liable for any amount in
excess of $25 million, but not to exceed an additional $175 million; and
(iii) 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.
4. The Regional Authority, in its financial oversight and safeguard role,
shall ensure that:
(a) 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
(b) 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 the OCOG and the Regional Authority, if any,
accrued exclusively in connection with hosting the Olympic Games.
5. The Regional Authority, in order to facilitate its oversight responsibility
over the OCOG, shall have the additional powers:
(a) To sue and be sued in contract and in tort;
(b) To complain and defend in all courts;
(c) To implead and be impleaded;
(d) To enter into contracts;
(e) To hire appropriate staff; and
(f) Any additional powers granted to it by subsequent legislation.
Article IX.
Indemnification.
1. Any liability incurred by the Regional Authority, not covered by
insurance under Article VIII 3 (d)(iii), shall be further indemnified by the Signatories
of this Act, in proportion to the relative economic benefit currently expected to accrue
to each Signatory from hosting the Olympic Games, as follows:
(a) The State of Maryland, subject to appropriation, shall be liable
for 53%;
(b) The Commonwealth of Virginia shall be liable for 19%; and
(c) The District of Columbia shall be liable for 28%.
2. 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.
Article X.
Commitments of Signatories.
As appropriate to its individual jurisdiction and specific role in hosting the
2012 Olympic Games, each Signatory agrees to:
(a) Ensure that necessary facilities are built and transportation
infrastructure improvements take place, including government funding as
appropriate;
(b) 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
(c) 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.
Article XI.
Effective Dates.
None of the duties or responsibilities encompassed in this legislation shall have
effect until substantially similar legislation is enacted by each of the Signatories, at
which time this legislation shall immediately be effective.‹ Prev All Maryland sections Next ›
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