District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0149 Engrossed / Bill

Filed 12/05/2023

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A BILL 1 
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25-149 3 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 
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To amend the Business Improvement District Act of 1996 to authorize the establishment and 10 
administration of the Friendship Heights Business Improvement District. 11 
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 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