ENGROSSED ORIGINAL A BILL 1 2 25-149 3 4 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 6 ________________________ 7 8 9 To amend the Business Improvement District Act of 1996 to authorize the establishment and 10 administration of the Friendship Heights Business Improvement District. 11 12 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 13 act may be cited as the “Friendship Heights Business Improvement District Amendment Act of 14 2023”. 15 Sec. 2. Title II of the Business Improvement District Act of 1996, effective May 29, 1996 16 (D.C. Law 11-134; D.C. Official Code § 2-1215.51 et seq.), is amended by adding a new section 17 212 to read as follows: 18 “Section 212. Friendship Heights BID. 19 “(a) Subject to review and approval by the Mayor pursuant to sections 5 and 6, the 20 formation of the Friendship Heights BID, including nonexempt real property within the 21 geographic area set forth in subsection (b) of this section, is authorized and the BID taxes 22 imposed in subsection (c) of this section shall be imposed, beginning immediately for collection 23 on October 1, 2023, through the earlier of the expiration of this act or the termination or 24 dissolution of the BID. 25 “(b) The Friendship Heights BID shall be comprised of the geographic area bounded by a 26 line that starts beginning at the intersection of the southeast line of Western Avenue, NW and the 27 northeast line of Wisconsin Avenue, NW, said beginning also being the northwest corner of 28 ENGROSSED ORIGINAL Square 1661; w ith said southeast line of Western Avenue, NW, northeasterly , to the south line of 29 Military Road, NW; thence continuing with said south line of Military Road, NW, e ast, to the 30 west line of 43rd Street, NW; thence continuing with said west line of 43rd Street, NW, s outh, to 31 a northeast corner of former Lot 31, Square 1661; thence continuing with a southeasterly line of 32 former Lot 31, Square 1661, s outhwesterly, to a northeast corner of Lot 855, Square 1661; 33 thence, continuing with an easterly line of said Lot 855, Square 1661, s outherly, to a point of 34 curve; thence continuing along an east boundary of said Lot 855, Square 1661, 39.13’ on the arc 35 of a curve to the left of radius 103.08’, to a point of tangent; thence continuing along an east 36 boundary of said Lot 855, Square 1661, s outheasterly, to a point of curve; thence continuing 37 along an east boundary of said Lot 855, Square 1661, 27.71’ on the arc of a curve to the right of 38 radius 73.04’, to a point of tangent; thence continuing along an east boundary of said Lot 855, 39 Square 1661, s outherly, to a north line of Lot 817, Square 1661; thence, continuing w ith a north 40 line of Lot 817, Square 1661, Easterly, to the northeast corner of said Lot 817, Square 1661; 41 thence with the east line of said Lot 817, Square 1661, s outh, to the north line of Jenifer Street, 42 NW; thence running across Jenifer Street, NW, s outheasterly, to the intersection of the south line 43 of Jenifer Street, NW, and the west line of 43rd Street, NW, said intersection also being the 44 northeast corner of Square 1659; thence w ith said west line of 43rd Street, NW, s outh, to the 45 north line of Ingomar Street, NW, said intersection also being the southeast corner of Square 46 1659; thence running across Ingomar Street, NW, southeasterly, to the northeast corner of Lot 47 10, Square 1665, and the southwest line of a 15’ public alley in Square 1665; thence w ith said 48 southwest line of 15’ public alley, s outheasterly, to the south line of a 15’ public alley in Square 49 1665; thence with said south line of 15’ public alley, e ast, to a corner of former Lot 11, Square 50 ENGROSSED ORIGINAL 1665; thence with a west line of said former Lot 11, Square 1665, s outheasterly, to a corner of 51 said former Lot 11, Square 1665; thence w ith a northwest line of said former Lot 11, Square 52 1665, s outhwesterly, to the north most corner of Lot 2001, Square 1665; thence w ith an east line 53 of said Lot 2001, Square 1665, s outheasterly, to a corner thereof; thence with an east line of said 54 Lot 2001, Square 1665, s outh, to the north line of Harrison Street, NW; thence running across 55 Harrison Street, NW, s outheasterly, to the intersection of the south line of Harrison Street, NW, 56 and the west line of 42nd Street, NW, said intersection also being the northeast corner of Square 57 1666; thence with said west line of 42nd Street, NW, s outh, to the north line of Garrison Street, 58 NW, and the southeast corner of Square 1666; thence r unning across Garrison Street, NW, 59 southwesterly, to the northeast corner of former Lot 37, Square 1669 and the southwesterly line 60 of a 10’ public alley in Square 1669; thence w ith said southwesterly line of 10’ public alley, 61 southeasterly, to the southeast corner of Lot 34, Square 1669; thence r unning across said public 62 alley in Square 1669, s outheasterly, to the northeast corner of Lot 26, Square 1669, and the west 63 line of 42nd Street, NW; thence, with said west line of 42nd Street, NW, s outh, to the north line 64 of Fessenden Street, NW; thence with said north line of Fessenden Street, NW, w est, to the 65 northeast line of Wisconsin Avenue, NW; thence running across Wisconsin Avenue, NW, 66 westerly, to the intersection of the north line of Fessenden Street, NW and the southwest line of 67 Wisconsin Avenue, NW; thence with said north line of Fessenden Street, NW, w est, to a 68 southwest corner of Lot 11, Square 1655; thence w ith the boundary of said Lot 11, Square 1655, 69 north, to a corner of said lot; thence continuing along the boundary of said Lot 11, Square 1655, 70 west, to another corner of said lot; thence continuing along the boundary of said Lot 11, Square 71 1655, north , to another corner of said lot; thence continuing along the boundary of said Lot 11, 72 ENGROSSED ORIGINAL Square 1655, w est, to another corner of said lot; thence continuing along the boundary of said 73 Lot 11, Square 1655, s outh, to another corner of said lot; thence continuing along the boundary 74 of said Lot 11, Square 1655, w est, to another corner of said lot; thence continuing along the 75 boundary of said Lot 11, Square 1655, North, to another corner of said lot; thence continuing 76 along the boundary of said Lot 11, Square 1655, e ast, to another corner of said lot; thence 77 continuing along the boundary of said Lot 11, Square 1655, north , to the southwest corner of Lot 78 9, Square 1655; thence w ith the west line of said Lot 9, Square 1655, north , to the south line of 79 Garrison Street, NW; thence r unning across Garrison Street, NW, northwesterly, to the southwest 80 corner of Lot 9, Square 1656, and the east line of 16’ public alley in Square 1656; thence w ith 81 said east line of public alley, north , to the south line of Harrison Street, NW; thence running 82 across Harrison Street, NW, northeasterly, to southwest corner of Lot 23, Square 1657 and the 83 intersection of the north line of Harrison Street, NW and the northeasterly line of 20’ public alley 84 in Square 1657; thence w ith said northeasterly line of 20’ public alley, northwesterly , to the east 85 extension of the north line of a 16’ public alley in Square 1657; thence w ith said east extension 86 and said north line of a 16’ public alley in Square 1657, w est, to the east line of 44th Street, NW; 87 thence crossing said 44th Street, NW, s outhwesterly, to a southeast corner of Lot 33, Square 88 1580; thence with the south line of said Lot 33, Square 1580, w est, to the east line of 45th Street, 89 NW; thence with said east line of 45th Street, NW, north , to a corner of Lot 33, Square 1580; 90 thence with the northeast line of 45th Street, NW, northwesterly, to the southeast line of Western 91 Avenue, NW; thence with said southeast line of Western Avenue, NW, n ortheasterly, to the 92 southwesterly line of Jenifer Street, NW; thence crossing Jenifer Street, NW, northeasterly , to 93 the west most corner of Lot 811, Square 1660, said corner also being the intersection of the 94 ENGROSSED ORIGINAL southeast line of Western Avenue, NW and the northerly line of Jenifer Street, NW; thence w ith 95 said southeast line of Western Avenue, NW, northeasterly , to the southwest line of Wisconsin 96 Avenue, NW; thence running across Wisconsin Avenue, NW, northeasterly , to the intersection of 97 the northeast line of Wisconsin Avenue, NW and the southeast line of Western Avenue, NW, and 98 the place of beginning. 99 “(c)(1) The BID taxes for nonexempt properties in the Friendship Heights BID shall be as 100 follows: 101 “(A) The amount of $0.165 per square foot for each net rentable square 102 foot for Class 2 Properties, excluding hotels; 103 “(B) The amount of $120 per hotel or motel room annually; and 104 “(C)(i) The amount of $120 per unit annually of Class 1 property that 105 contains 5 or more residential units available for rental for non- transient residential dwelling 106 purposes that were placed in service after the effective date of the Rental Housing Act of 1985, 107 effective July 17, 1985 (D.C. Law 6- 10; D.C. Official Code § 42- 3501.01 et seq.). All other 108 Class 1 property is exempt from this BID tax. 109 “(ii) If a residential unit is restricted to residents based upon 110 income pursuant to a f ederal or District affordable housing program, any residential unit with a 111 household income of 100% or less of the area median income, which the BID shall identify and 112 certify as such, s hall be exempt from the BID tax that would otherwise be due on the unit . 113 “(2) To the extent that a building that is subject to the BID tax is constructed 114 pursuant to a ground lease on land that is exempt from real property taxes, the assessed value of 115 the real property for purposes of the BID tax shall include the value of the building and the 116 ENGROSSED ORIGINAL leasehold interest, possessory interest, beneficial interest, or beneficial use of the land, and the 117 lessee or user of the land shall be assessed the corresponding BID tax, which shall be collected in 118 the same manner as possessory interest taxes under D.C. Official Code § 47- 1005.01, or as 119 otherwise provided in this act . 120 “(3) Subject to the requirements of section 8 (b), a 3% annual increase in the BID 121 taxes over the current tax year rates specified in paragraph (1) of this subsection is authorized.” . 122 Sec. 3. Fiscal impact statement. 123 The Council adopts the fiscal impact statement in the committee report as the fiscal 124 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 125 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 126 Sec. 4. Effective date. 127 This act shall take effect following the approval by the Mayor (or in the event of a veto 128 by the Mayor, action by the Council to override the veto), a 30-day period of congressional 129 review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 130 December 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 2602.02(c)(1)), and publication in the 131 District of Columbia Register. 132