District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0149 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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6		-	1
7		-
8		-	AN ACT
9		-
10		-	____________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	________________________
15		-
16		-
17		-	To amend the Business Improvement District Act of 1996 to authorize the establishment and
18		-	administration of the Friendship Heights Business Improvement District.
19		-
20		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21		-	act may be cited as the “Friendship Heights Business Improvement District Amendment Act of
22		-	2023”.
23		-
24		-	Sec. 2. Title II of the Business Improvement District Act of 1996, effective March 17,
25		-	2005 (D.C. Law 15-257; D.C. Official Code § 2-1215.51 et seq.), is amended by adding a new
26		-	section 212 to read as follows:
27		-	“Sec. 212. Friendship Heights BID.
28		-	“(a) Subject to review and approval by the Mayor pursuant to sections 5 and 6, the
29		-	formation of the Friendship Heights BID, including nonexempt real property within the
30		-	geographic area set forth in subsection (b) of this section, is authorized and the BID taxes
31		-	imposed in subsection (c) of this section shall be imposed, beginning immediately for collection
32		-	on October 1, 2023, through the earlier of the expiration of this act or the termination or
33		-	dissolution of the BID.
34		-	“(b) The Friendship Heights BID shall be comprised of the geographic area bounded by a
35		-	line that starts beginning at the intersection of the southeast line of Western Avenue, NW and the
36		-	northeast line of Wisconsin Avenue, NW, said beginning also being the northwest corner of
37		-	Square 1661; with said southeast line of Western Avenue, NW, northeasterly, to the south line of
38		-	Military Road, NW; thence continuing with said south line of Military Road, NW, east, to the
39		-	west line of 43rd Street, NW; thence continuing with said west line of 43rd Street, NW, south, to
40		-	a northeast corner of former Lot 31, Square 1661; thence continuing with a southeasterly line of
41		-	former Lot 31, Square 1661, southwesterly, to a northeast corner of Lot 855, Square 1661;
42		-	thence, continuing with an easterly line of said Lot 855, Square 1661, southerly, to a point of
43		-	curve; thence continuing along an east boundary of said Lot 855, Square 1661, 39.13’ on the arc
44		-	of a curve to the left of radius 103.08’ to a point of tangent; thence continuing along an east
45		-	boundary of said Lot 855, Square 1661, southeasterly, to a point of curve; thence continuing
46		-	along an east boundary of said Lot 855, Square 1661, 27.71’ on the arc of a curve to the right of ENROLLED ORIGINAL
	6	+	A BILL 1
	7	+	2
	8	+	25-149 3
	9	+	4
	10	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	11	+	6
	12	+	________________________ 7
	13	+	8
	14	+	9
	15	+	To amend the Business Improvement District Act of 1996 to authorize the establishment and 10
	16	+	administration of the Friendship Heights Business Improvement District. 11
	17	+	12
	18	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 13
	19	+	act may be cited as the “Friendship Heights Business Improvement District Amendment Act of 14
	20	+	2023”. 15
	21	+	Sec. 2. Title II of the Business Improvement District Act of 1996, effective May 29, 1996 16
	22	+	(D.C. Law 11-134; D.C. Official Code § 2-1215.51 et seq.), is amended by adding a new section 17
	23	+	212 to read as follows: 18
	24	+	“Section 212. Friendship Heights BID. 19
	25	+	“(a) Subject to review and approval by the Mayor pursuant to sections 5 and 6, the 20
	26	+	formation of the Friendship Heights BID, including nonexempt real property within the 21
	27	+	geographic area set forth in subsection (b) of this section, is authorized and the BID taxes 22
	28	+	imposed in subsection (c) of this section shall be imposed, beginning immediately for collection 23
	29	+	on October 1, 2023, through the earlier of the expiration of this act or the termination or 24
	30	+	dissolution of the BID. 25
	31	+	“(b) The Friendship Heights BID shall be comprised of the geographic area bounded by a 26
	32	+	line that starts beginning at the intersection of the southeast line of Western Avenue, NW and the 27
	33	+	northeast line of Wisconsin Avenue, NW, said beginning also being the northwest corner of 28 ENGROSSED ORIGINAL
47	34
48	35
49	36
50	37
51		-	2
52		-
53		-	radius 73.04’ to a point of tangent; thence continuing along an east boundary of said Lot 855,
54		-	Square 1661, southerly, to a north line of Lot 817, Square 1661; thence, continuing with a north
55		-	line of Lot 817, Square 1661, easterly, to the northeast corner of said Lot 817, Square 1661;
56		-	thence with the east line of said Lot 817, Square 1661, south, to the north line of Jenifer Street,
57		-	NW; thence running across Jenifer Street, NW, southeasterly, to the intersection of the south line
58		-	of Jenifer Street, NW, and the west line of 43rd Street, NW, said intersection also being the
59		-	northeast corner of Square 1659; thence with said west line of 43rd Street, NW, south, to the
60		-	north line of Ingomar Street, NW, said intersection also being the southeast corner of Square
61		-	1659; thence running across Ingomar Street, NW, southeasterly, to the northeast corner of Lot
62		-	10, Square 1665, and the southwest line of a 15’ public alley in Square 1665; thence with said
63		-	southwest line of 15’ public alley, southeasterly, to the south line of a 15’ public alley in Square
64		-	1665; thence with said south line of 15’ public alley, east, to a corner of former Lot 11, Square
65		-	1665; thence with a west line of said former Lot 11, Square 1665, southeasterly, to a corner of
66		-	said former Lot 11, Square 1665; thence with a northwest line of said former Lot 11, Square
67		-	1665, southwesterly, to the north most corner of Lot 2001, Square 1665; thence with an east line
68		-	of said Lot 2001, Square 1665, southeasterly, to a corner thereof; thence with an east line of said
69		-	Lot 2001, Square 1665, south, to the north line of Harrison Street, NW; thence running across
70		-	Harrison Street, NW, southeasterly, to the intersection of the south line of Harrison Street, NW,
71		-	and the west line of 42nd Street, NW, said intersection also being the northeast corner of Square
72		-	1666; thence with said west line of 42nd Street, NW, south, to the north line of Garrison Street,
73		-	NW, and the southeast corner of Square 1666; thence running across Garrison Street, NW,
74		-	southwesterly, to the northeast corner of former Lot 37, Square 1669 and the southwesterly line
75		-	of a 10’ public alley in Square 1669; thence with said southwesterly line of 10’ public alley,
76		-	southeasterly, to the southeast corner of Lot 34, Square 1669; thence running across said public
77		-	alley in Square 1669, southeasterly, to the northeast corner of Lot 26, Square 1669, and the west
78		-	line of 42nd Street, NW; thence, with said west line of 42nd Street, NW, south, to the north line
79		-	of Fessenden Street, NW; thence with said north line of Fessenden Street, NW, west, to the
80		-	northeast line of Wisconsin Avenue, NW; thence running across Wisconsin Avenue, NW,
81		-	westerly, to the intersection of the north line of Fessenden Street, NW and the southwest line of
82		-	Wisconsin Avenue, NW; thence with said north line of Fessenden Street, NW, west, to a
83		-	southwest corner of Lot 11, Square 1655; thence with the boundary of said Lot 11, Square 1655,
84		-	north, to a corner of said lot; thence continuing along the boundary of said Lot 11, Square 1655,
85		-	west, to another corner of said lot; thence continuing along the boundary of said Lot 11, Square
86		-	1655, north, to another corner of said lot; thence continuing along the boundary of said Lot 11,
87		-	Square 1655, west, to another corner of said lot; thence continuing along the boundary of said
88		-	Lot 11, Square 1655, south, to another corner of said lot; thence continuing along the boundary
89		-	of said Lot 11, Square 1655, west, to another corner of said lot; thence continuing along the
90		-	boundary of said Lot 11, Square 1655, north, to another corner of said lot; thence continuing
91		-	along the boundary of said Lot 11, Square 1655, east, to another corner of said lot; thence ENROLLED ORIGINAL
	38	+	Square 1661; w ith said southeast line of Western Avenue, NW, northeasterly , to the south line of 29
	39	+	Military Road, NW; thence continuing with said south line of Military Road, NW, e ast, to the 30
	40	+	west line of 43rd Street, NW; thence continuing with said west line of 43rd Street, NW, s outh, to 31
	41	+	a northeast corner of former Lot 31, Square 1661; thence continuing with a southeasterly line of 32
	42	+	former Lot 31, Square 1661, s outhwesterly, to a northeast corner of Lot 855, Square 1661; 33
	43	+	thence, continuing with an easterly line of said Lot 855, Square 1661, s outherly, to a point of 34
	44	+	curve; thence continuing along an east boundary of said Lot 855, Square 1661, 39.13’ on the arc 35
	45	+	of a curve to the left of radius 103.08’, to a point of tangent; thence continuing along an east 36
	46	+	boundary of said Lot 855, Square 1661, s outheasterly, to a point of curve; thence continuing 37
	47	+	along an east boundary of said Lot 855, Square 1661, 27.71’ on the arc of a curve to the right of 38
	48	+	radius 73.04’, to a point of tangent; thence continuing along an east boundary of said Lot 855, 39
	49	+	Square 1661, s outherly, to a north line of Lot 817, Square 1661; thence, continuing w ith a north 40
	50	+	line of Lot 817, Square 1661, Easterly, to the northeast corner of said Lot 817, Square 1661; 41
	51	+	thence with the east line of said Lot 817, Square 1661, s outh, to the north line of Jenifer Street, 42
	52	+	NW; thence running across Jenifer Street, NW, s outheasterly, to the intersection of the south line 43
	53	+	of Jenifer Street, NW, and the west line of 43rd Street, NW, said intersection also being the 44
	54	+	northeast corner of Square 1659; thence w ith said west line of 43rd Street, NW, s outh, to the 45
	55	+	north line of Ingomar Street, NW, said intersection also being the southeast corner of Square 46
	56	+	1659; thence running across Ingomar Street, NW, southeasterly, to the northeast corner of Lot 47
	57	+	10, Square 1665, and the southwest line of a 15’ public alley in Square 1665; thence w ith said 48
	58	+	southwest line of 15’ public alley, s outheasterly, to the south line of a 15’ public alley in Square 49
	59	+	1665; thence with said south line of 15’ public alley, e ast, to a corner of former Lot 11, Square 50 ENGROSSED ORIGINAL
92	60
93	61
94	62
95	63
96		-	3
97		-
98		-	continuing along the boundary of said Lot 11, Square 1655, north, to the southwest corner of Lot
99		-	9, Square 1655; thence with the west line of said Lot 9, Square 1655, north, to the south line of
100		-	Garrison Street, NW; thence running across Garrison Street, NW, northwesterly, to the southwest
101		-	corner of Lot 9, Square 1656, and the east line of 16’ public alley in Square 1656; thence with
102		-	said east line of public alley, north, to the south line of Harrison Street, NW; thence running
103		-	across Harrison Street, NW, northeasterly, to southwest corner of Lot 23, Square 1657 and the
104		-	intersection of the north line of Harrison Street, NW and the northeasterly line of 20’ public alley
105		-	in Square 1657; thence with said northeasterly line of 20’ public alley, northwesterly, to the east
106		-	extension of the north line of a 16’ public alley in Square 1657; thence with said east extension
107		-	and said north line of a 16’ public alley in Square 1657, west, to the east line of 44th Street, NW;
108		-	thence crossing said 44th Street, NW, southwesterly, to a southeast corner of Lot 33, Square
109		-	1580; thence with the south line of said Lot 33, Square 1580, west, to the east line of 45th Street,
110		-	NW; thence with said east line of 45th Street, NW, north, to a corner of Lot 33, Square 1580;
111		-	thence with the northeast line of 45th Street, NW, northwesterly, to the southeast line of Western
112		-	Avenue, NW; thence with said southeast line of Western Avenue, NW, northeasterly, to the
113		-	southwesterly line of Jenifer Street, NW; thence crossing Jenifer Street, NW, northeasterly, to
114		-	the west most corner of Lot 811, Square 1660, said corner also being the intersection of the
115		-	southeast line of Western Avenue, NW and the northerly line of Jenifer Street, NW; thence with
116		-	said southeast line of Western Avenue, NW, northeasterly, to the southwest line of Wisconsin
117		-	Avenue, NW; thence running across Wisconsin Avenue, NW, northeasterly, to the intersection of
118		-	the northeast line of Wisconsin Avenue, NW and the southeast line of Western Avenue, NW, and
119		-	the place of beginning.
120		-	“(c)(1) The BID taxes for nonexempt properties in the Friendship Heights BID shall be as
121		-	follows:
122		-	“(A) The amount of $0.165 per square foot for each net rentable square
123		-	foot for Class 2 Properties, excluding hotels;
124		-	“(B) The amount of $120 per hotel or motel room annually; and
125		-	“(C)(i) The amount of $120 per unit annually of Class 1 property that
126		-	contains 5 or more residential units available for rental for non-transient residential dwelling
127		-	purposes that were placed in service after the effective date of the Rental Housing Act of 1985,
128		-	effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3501.01 et seq.). All other
129		-	Class 1 property is exempt from this BID tax.
130		-	“(ii) If a residential unit is restricted to residents based upon
131		-	income pursuant to a federal or District affordable housing program, any residential unit with a
132		-	household income of 100% or less of the area median income, which the BID shall identify and
133		-	certify as such, shall be exempt from the BID tax that would otherwise be due on the unit.
134		-	“(2) To the extent that a building that is subject to the BID tax is constructed
135		-	pursuant to a ground lease on land that is exempt from real property taxes, the assessed value of
136		-	the real property for purposes of the BID tax shall include the value of the building and the ENROLLED ORIGINAL
	64	+	1665; thence with a west line of said former Lot 11, Square 1665, s outheasterly, to a corner of 51
	65	+	said former Lot 11, Square 1665; thence w ith a northwest line of said former Lot 11, Square 52
	66	+	1665, s outhwesterly, to the north most corner of Lot 2001, Square 1665; thence w ith an east line 53
	67	+	of said Lot 2001, Square 1665, s outheasterly, to a corner thereof; thence with an east line of said 54
	68	+	Lot 2001, Square 1665, s outh, to the north line of Harrison Street, NW; thence running across 55
	69	+	Harrison Street, NW, s outheasterly, to the intersection of the south line of Harrison Street, NW, 56
	70	+	and the west line of 42nd Street, NW, said intersection also being the northeast corner of Square 57
	71	+	1666; thence with said west line of 42nd Street, NW, s outh, to the north line of Garrison Street, 58
	72	+	NW, and the southeast corner of Square 1666; thence r unning across Garrison Street, NW, 59
	73	+	southwesterly, to the northeast corner of former Lot 37, Square 1669 and the southwesterly line 60
	74	+	of a 10’ public alley in Square 1669; thence w ith said southwesterly line of 10’ public alley, 61
	75	+	southeasterly, to the southeast corner of Lot 34, Square 1669; thence r unning across said public 62
	76	+	alley in Square 1669, s outheasterly, to the northeast corner of Lot 26, Square 1669, and the west 63
	77	+	line of 42nd Street, NW; thence, with said west line of 42nd Street, NW, s outh, to the north line 64
	78	+	of Fessenden Street, NW; thence with said north line of Fessenden Street, NW, w est, to the 65
	79	+	northeast line of Wisconsin Avenue, NW; thence running across Wisconsin Avenue, NW, 66
	80	+	westerly, to the intersection of the north line of Fessenden Street, NW and the southwest line of 67
	81	+	Wisconsin Avenue, NW; thence with said north line of Fessenden Street, NW, w est, to a 68
	82	+	southwest corner of Lot 11, Square 1655; thence w ith the boundary of said Lot 11, Square 1655, 69
	83	+	north, to a corner of said lot; thence continuing along the boundary of said Lot 11, Square 1655, 70
	84	+	west, to another corner of said lot; thence continuing along the boundary of said Lot 11, Square 71
	85	+	1655, north , to another corner of said lot; thence continuing along the boundary of said Lot 11, 72 ENGROSSED ORIGINAL
137	86
138	87
139	88
140	89
141		-	4
142		-
143		-	leasehold interest, possessory interest, beneficial interest, or beneficial use of the land, and the
144		-	lessee or user of the land shall be assessed the corresponding BID tax, which shall be collected in
145		-	the same manner as possessory interest taxes under D.C. Official Code § 47-1005.01, or as
146		-	otherwise provided in this act.
147		-	“(3) Subject to the requirements of section 8(b), a 3% annual increase in the BID
148		-	taxes over the current tax year rates specified in paragraph (1) of this subsection is authorized.”.
149		-
150		-	Sec. 3. Fiscal impact statement.
151		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
152		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
153		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
154		-
155		-	Sec. 4. Effective date.
156		-	This act shall take effect following the approval by the Mayor (or in the event of a veto
157		-	by the Mayor, action by the Council to override the veto), a 30-day period of congressional
158		-	review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
159		-	December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-2602.02(c)(1)), and publication in the
160		-	District of Columbia Register.
161		-
162		-
163		-
164		-	______________________________
165		-	Chairman
166		-	Council of the District of Columbia
	90	+	Square 1655, w est, to another corner of said lot; thence continuing along the boundary of said 73
	91	+	Lot 11, Square 1655, s outh, to another corner of said lot; thence continuing along the boundary 74
	92	+	of said Lot 11, Square 1655, w est, to another corner of said lot; thence continuing along the 75
	93	+	boundary of said Lot 11, Square 1655, North, to another corner of said lot; thence continuing 76
	94	+	along the boundary of said Lot 11, Square 1655, e ast, to another corner of said lot; thence 77
	95	+	continuing along the boundary of said Lot 11, Square 1655, north , to the southwest corner of Lot 78
	96	+	9, Square 1655; thence w ith the west line of said Lot 9, Square 1655, north , to the south line of 79
	97	+	Garrison Street, NW; thence r unning across Garrison Street, NW, northwesterly, to the southwest 80
	98	+	corner of Lot 9, Square 1656, and the east line of 16’ public alley in Square 1656; thence w ith 81
	99	+	said east line of public alley, north , to the south line of Harrison Street, NW; thence running 82
	100	+	across Harrison Street, NW, northeasterly, to southwest corner of Lot 23, Square 1657 and the 83
	101	+	intersection of the north line of Harrison Street, NW and the northeasterly line of 20’ public alley 84
	102	+	in Square 1657; thence w ith said northeasterly line of 20’ public alley, northwesterly , to the east 85
	103	+	extension of the north line of a 16’ public alley in Square 1657; thence w ith said east extension 86
	104	+	and said north line of a 16’ public alley in Square 1657, w est, to the east line of 44th Street, NW; 87
	105	+	thence crossing said 44th Street, NW, s outhwesterly, to a southeast corner of Lot 33, Square 88
	106	+	1580; thence with the south line of said Lot 33, Square 1580, w est, to the east line of 45th Street, 89
	107	+	NW; thence with said east line of 45th Street, NW, north , to a corner of Lot 33, Square 1580; 90
	108	+	thence with the northeast line of 45th Street, NW, northwesterly, to the southeast line of Western 91
	109	+	Avenue, NW; thence with said southeast line of Western Avenue, NW, n ortheasterly, to the 92
	110	+	southwesterly line of Jenifer Street, NW; thence crossing Jenifer Street, NW, northeasterly , to 93
	111	+	the west most corner of Lot 811, Square 1660, said corner also being the intersection of the 94 ENGROSSED ORIGINAL
167	112
168	113
169	114
170	115
171		-
172		-	_________________________________
173		-	Mayor
174		-	District of Columbia
	116	+	southeast line of Western Avenue, NW and the northerly line of Jenifer Street, NW; thence w ith 95
	117	+	said southeast line of Western Avenue, NW, northeasterly , to the southwest line of Wisconsin 96
	118	+	Avenue, NW; thence running across Wisconsin Avenue, NW, northeasterly , to the intersection of 97
	119	+	the northeast line of Wisconsin Avenue, NW and the southeast line of Western Avenue, NW, and 98
	120	+	the place of beginning. 99
	121	+	“(c)(1) The BID taxes for nonexempt properties in the Friendship Heights BID shall be as 100
	122	+	follows: 101
	123	+	“(A) The amount of $0.165 per square foot for each net rentable square 102
	124	+	foot for Class 2 Properties, excluding hotels; 103
	125	+	“(B) The amount of $120 per hotel or motel room annually; and 104
	126	+	“(C)(i) The amount of $120 per unit annually of Class 1 property that 105
	127	+	contains 5 or more residential units available for rental for non- transient residential dwelling 106
	128	+	purposes that were placed in service after the effective date of the Rental Housing Act of 1985, 107
	129	+	effective July 17, 1985 (D.C. Law 6- 10; D.C. Official Code § 42- 3501.01 et seq.). All other 108
	130	+	Class 1 property is exempt from this BID tax. 109
	131	+	“(ii) If a residential unit is restricted to residents based upon 110
	132	+	income pursuant to a f ederal or District affordable housing program, any residential unit with a 111
	133	+	household income of 100% or less of the area median income, which the BID shall identify and 112
	134	+	certify as such, s hall be exempt from the BID tax that would otherwise be due on the unit . 113
	135	+	“(2) To the extent that a building that is subject to the BID tax is constructed 114
	136	+	pursuant to a ground lease on land that is exempt from real property taxes, the assessed value of 115
	137	+	the real property for purposes of the BID tax shall include the value of the building and the 116 ENGROSSED ORIGINAL
175	138
176	139
177	140
178	141
	142	+	leasehold interest, possessory interest, beneficial interest, or beneficial use of the land, and the 117
	143	+	lessee or user of the land shall be assessed the corresponding BID tax, which shall be collected in 118
	144	+	the same manner as possessory interest taxes under D.C. Official Code § 47- 1005.01, or as 119
	145	+	otherwise provided in this act . 120
	146	+	“(3) Subject to the requirements of section 8 (b), a 3% annual increase in the BID 121
	147	+	taxes over the current tax year rates specified in paragraph (1) of this subsection is authorized.” . 122
	148	+	Sec. 3. Fiscal impact statement. 123
	149	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 124
	150	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 125
	151	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 126
	152	+	Sec. 4. Effective date. 127
	153	+	This act shall take effect following the approval by the Mayor (or in the event of a veto 128
	154	+	by the Mayor, action by the Council to override the veto), a 30-day period of congressional 129
	155	+	review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 130
	156	+	December 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 2602.02(c)(1)), and publication in the 131
	157	+	District of Columbia Register. 132