District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0333 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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	1	+	4815- 3820- 0237, v. 1
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7		-
8		-	AN ACT
9		-
10		-	_______________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	________________________
15		-
16		-
17		-	To amend, on an emergency basis, the Business Improvement District Act of 1996 to authorize
18		-	the establishment and administration of the Friendship Heights Business Improvement
19		-	District.
20		-
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	Act may be cited as the “Friendship Heights Business Improvement District Emergency
23		-	Amendment Act of 2023”.
24		-
25		-	Sec. 2. Title II of the Business Improvement District Act of 1996, effective March 17,
26		-	2005 (D.C. Law 15-527; D.C. Official Code § 2-1215.51et seq.), is amended by adding a new
27		-	section 212 to read as follows:
28		-	“Sec. 212. Friendship Heights BID.
29		-	“(a) Subject to review and approval by the Mayor pursuant to sections 5 and 6, the
30		-	formation of the Friendship Heights BID, including nonexempt real property within the
31		-	geographic area set forth in subsection (b) of this section, is authorized and the BID taxes
32		-	imposed in subsection (c) of this section shall be imposed, beginning immediately for collection
33		-	beginning on October 1, 2023, through the earlier of the expiration of this act or the termination
34		-	or dissolution of the BID.
35		-	“(b) The Friendship Heights BID shall be comprised of the geographic area bounded by a
36		-	line that starts beginning at the intersection of the southeast line of Western Avenue, NW, and
37		-	the northeast line of Wisconsin Avenue, NW, said beginning also being the northwest corner of
38		-	Square 1661; with said southeast line of Western Avenue, NW, northeasterly, to the south line of
39		-	Military Road, NW; thence continuing with said south line of Military Road, NW, east, to the
40		-	west line of 43rd Street, NW; thence continuing with said west line of 43rd Street, NW, south, to
41		-	a northeast corner of former Lot 31, Square 1661; thence continuing with a southeasterly line of
42		-	former Lot 31, Square 1661, southwesterly, to a northeast corner of Lot 855, Square 1661;
43		-	thence, continuing with an easterly line of said Lot 855, Square 1661, southerly, to a point of
44		-	curve; thence continuing along an east boundary of said Lot 855, Square 1661, 39.13’ on the arc
45		-	of a curve to the left of radius 103.08’, to a point of tangent; thence continuing along an east
46		-	boundary of said Lot 855, Square 1661, southeasterly, to a point of curve; thence continuing ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
51		-	2
52		-
53		-	along an east boundary of said Lot 855, Square 1661, 27.71’ on the arc of a curve to the right of
54		-	radius 73.04’, to a point of tangent; thence continuing along an east boundary of said Lot 855,
55		-	Square 1661, southerly, to a north line of Lot 817, Square 1661; thence, continuing with a north
56		-	line of Lot 817, Square 1661, easterly, to the northeast corner of said Lot 817, Square 1661;
57		-	thence with the east line of said Lot 817, Square 1661, south, to the north line of Jenifer Street,
58		-	NW; thence running across Jenifer Street, NW, southeasterly, to the intersection of the south line
59		-	of Jenifer Street, NW, and the west line of 43rd Street, NW, said intersection also being the
60		-	northeast corner of Square 1659; thence with said west line of 43rd Street, NW, south, to the
61		-	north line of Ingomar Street, NW, said intersection also being the southeast corner of Square
62		-	1659; thence running across Ingomar Street, NW, southeasterly, to the northeast corner of Lot
63		-	10, Square 1665, and the southwest line of a 15’ public alley in Square 1665; thence with said
64		-	southwest line of 15’ public alley, southeasterly, to the south line of a 15’ public alley in Square
65		-	1665; thence with said south line of 15’ public alley, east, to a corner of former Lot 11, Square
66		-	1665; thence with a west line of said former Lot 11, Square 1665, southeasterly, to a corner of
67		-	said former Lot 11, Square 1665; thence with a northwest line of said former Lot 11, Square
68		-	1665, southwesterly, to the north most corner of Lot 2001, Square 1665; thence with an east line
69		-	of said Lot 2001, Square 1665, southeasterly, to a corner thereof; thence with an east line of said
70		-	Lot 2001, Square 1665, South, to the north line of Harrison Street, NW; thence running across
71		-	Harrison Street, NW, southeasterly, to the intersection of the south line of Harrison Street, NW,
72		-	and the west line of 42nd Street, NW,, said intersection also being the northeast corner of Square
73		-	1666; thence with said west line of 42nd Street, NW, south, to the north line of Garrison Street,
74		-	NW, and the southeast corner of Square 1666; thence running across Garrison Street, NW,
75		-	southwesterly, to the northeast corner of former Lot 37, Square 1669 and the southwesterly line
76		-	of a 10’ public alley in Square 1669; thence with said southwesterly line of 10’ public alley,
77		-	southeasterly, to the southeast corner of Lot 34, Square 1669; thence running across said public
78		-	alley in Square 1669, southeasterly, to the northeast corner of Lot 26, Square 1669, and the west
79		-	line of 42nd Street, NW; thence, with said west line of 42nd Street, NW, south, to the north line
80		-	of Fessenden Street, NW; thence with said north line of Fessenden Street, NW, West, to the
81		-	northeast line of Wisconsin Avenue, NW; thence running across Wisconsin Avenue, NW,
82		-	westerly, to the intersection of the north line of Fessenden Street and the southwest line of
83		-	Wisconsin Avenue, NW; thence with said north line of Fessenden Street, NW, west, to a
84		-	southwest corner of Lot 11, Square 1655; thence with the boundary of said Lot 11, Square 1655,
85		-	north, to a corner of said lot; thence continuing along the boundary of said Lot 11, Square 1655,
86		-	west, to another corner of said lot; thence continuing along the boundary of said Lot 11, Square
87		-	1655, north, to another corner of said lot; thence continuing along the boundary of said Lot 11,
88		-	Square 1655, west, to another corner of said lot; thence continuing along the boundary of said
89		-	Lot 11, Square 1655, south, to another corner of said lot; thence continuing along the boundary
90		-	of said Lot 11, Square 1655, west, to another corner of said lot; thence continuing along the
91		-	boundary of said Lot 11, Square 1655, north, to another corner of said lot; thence continuing ENROLLED ORIGINAL
92		-
93		-
94		-
95		-
96		-	3
97		-
98		-	along the boundary of said Lot 11, Square 1655, east, to another corner of said lot; thence
99		-	continuing along the boundary of said Lot 11, Square 1655, north, to the southwest corner of Lot
100		-	9, Square 1655; thence with the west line of said Lot 9, Square 1655, north, to the south line of
101		-	Garrison Street, NW,; thence running across Garrison Street, NW, northwesterly, to the
102		-	southwest corner of Lot 9, Square 1656, and the east line of 16’ public alley in Square 1656;
103		-	thence with said east line of public alley, north, to the south line of Harrison Street, NW; thence
104		-	running across Harrison Street, NW, northeasterly, to southwest corner of Lot 23, Square 1657
105		-	and the intersection of the north line of Harrison Street and the northeasterly line of 20’ public
106		-	alley in Square 1657; thence with said northeasterly line of 20’ public alley, northwesterly, to the
107		-	east extension of the north line of a 16’ public alley in Square 1657; thence with said east
108		-	extension and said north line of a 16’ public alley in Square 1657, West, to the east line of 44th
109		-	Street, NW; thence crossing said 44th Street, NW, southwesterly, to a southeast corner of Lot 33,
110		-	Square 1580; thence with the south line of said Lot 33, Square 1580, west, to the east line of 45th
111		-	Street, NW; thence with said east line of 45th Street, NW, north, to a corner of Lot 33, Square
112		-	1580; thence with the northeast line of 45th Street, NW, northwesterly, to the southeast line of
113		-	Western Avenue, NW; thence with said southeast line of Western Avenue, NW, northeasterly, to
114		-	the southwesterly line of Jenifer Street, NW; thence crossing Jenifer Street, NW, northeasterly,
115		-	to the west most corner of Lot 811, Square 1660, said corner also being the intersection of the
116		-	southeast line of Western Avenue, NW, and the northerly line of Jenifer Street, NW; thence with
117		-	said southeast line of Western Avenue, NW, northeasterly, to the southwest line of Wisconsin
118		-	Avenue, NW; thence running across Wisconsin Avenue, NW, northeasterly, to the intersection of
119		-	the northeast line of Wisconsin Avenue, NW, and the southeast line of Western Avenue, NW,
120		-	and the place of beginning.
121		-	“(c)(1) The BID taxes for nonexempt properties in the Friendship Heights BID shall be as
122		-	follows:
123		-	(A) The amount of $0.165 per square foot for each net rentable square foot
124		-	for Class 2 Properties, excluding hotels;
125		-	(B) The amount of $120 per hotel or motel room annually; and
126		-	(C)(i) The amount of $120 per unit annually of Class 1 property that
127		-	contains 5 or more residential units available for rental for non-transient residential dwelling
128		-	purposes that were placed in service after the effective date of the Rental Housing Act of 1985,
129		-	effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3501.01 et seq.). All other
130		-	Class 1 property is exempt from this BID tax.
131		-	(ii) If a residential unit is restricted to residents based upon income
132		-	pursuant to a Federal or District affordable housing program, any residential unit with a
133		-	household income of 100 percent or less of the Area Median Income, for which the BID shall
134		-	identify and certify as such, shall be exempt from BID tax that would otherwise be due on the
135		-	unit.
136		-	“(2) To the extent that a building that is subject to the BID tax is constructed ENROLLED ORIGINAL
137		-
138		-
139		-
140		-
	3	+	______________________________ ______________________________ 2
	4	+	Councilmember Matthew Frumin Councilmember Kenyan R. McDuffie 3
141	5		4
142		-
143		-	pursuant to a ground lease on land that is exempt from real property taxes, the assessed value of
144		-	the real property for purposes of the BID tax shall include the value of the building and the
145		-	leasehold interest, possessory interest, beneficial interest, or beneficial use of the land, and the
146		-	lessee or user of the land shall be assessed the corresponding BID tax, which shall be collected in
147		-	the same manner as possessory interest taxes under § 47-1005.01, or as otherwise provided in
148		-	this subchapter.
149		-	“(3) Subject to the requirements of section 8(b), a 3% annual increase in the BID
150		-	taxes over the current tax year rates specified in paragraph (1) of this subsection is authorized.”
151		-
152		-	Sec. 3. Fiscal impact statement.
153		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
154		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
155		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
156		-
157		-	Sec. 4. Effective date.
158		-	This act shall take effect following the approval by the Mayor (or in the event of a veto
159		-	by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer
160		-	than 90 days, as provided for emergency acts of the Council for the District of Columbia in
161		-	section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87
162		-	Stat. 788; D.C. Official Code § 1-204.12(a)).
163		-
164		-
165		-
166		-	______________________________
167		-	Chairman
168		-	Council of the District of Columbia
169		-
170		-
171		-
172		-
173		-
174		-	_________________________________
175		-	Mayor
176		-	District of Columbia
177		-
178		-
179		-
	6	+	5
	7	+	A BILL 6
	8	+	7
	9	+	_______________ 8
	10	+	9
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
	12	+	11
	13	+	________________________ 12
	14	+	13
	15	+	14
	16	+	To amend, on an emergency basis, the Business Improvement District Act of 1996 to authorize 15
	17	+	the establishment and administration of the Friendship Heights Business Improvement 16
	18	+	District. 17
	19	+	18
	20	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
	21	+	Act may be cited as the “Friendship Heights Business Improvement District Emergency 20
	22	+	Amendment Act of 2023 ”. 21
	23	+	Sec. 2. Title II of the Business Improvement District Act of 1996, effective March 17, 22
	24	+	2005 (D.C. Law 15- 527; D.C. Official Code § 2- 1215.51et seq .), is amended by adding a new 23
	25	+	section 212 to read as follows: 24
	26	+	“Sec. 212. Friendship Heights BID. 25
	27	+	“(a) Subject to review and approval by the Mayor pursuant to sections 5 and 6, the 26
	28	+	formation of the Friendship Heights BID, including nonexempt real property within the 27
	29	+	geographic area set forth in subsection (b) of this section, is authorized and the BID taxes 28
	30	+	imposed in subsection (c) of this section shall be imposed, beginning immediately for collection 29
	31	+	beginning on October 1, 2023, through the earlier of the expiration of this act or the termination 30
	32	+	or dissolution of the BID. 31
	33	+	“(b) The Friendship Heights BID shall be comprised of the geographic area bounded by a 32
	34	+	line that starts beginning at the intersection of the southeast line of Western Avenue, NW, and 33 4815- 3820- 0237, v. 1
	35	+	the northeast line of Wisconsin Avenue, NW , said beginning also being the northwest corner of 34
	36	+	Square 1661; w ith said southeast line of Western Avenue, NW , northeasterly, to the south line of 35
	37	+	Military Road, NW ; thence continuing with said south line of Military Road, NW , east, to the 36
	38	+	west line of 43rd Street, NW; thence continuing with said west line of 43rd Street, NW , south, to 37
	39	+	a northeast corner of former Lot 31, Square 1661; thence continuing with a southeasterly line of 38
	40	+	former Lot 31, Square 1661, s outhwesterly, to a northeast corner of Lot 855, Square 1661; 39
	41	+	thence, continuing with an easterly line of said Lot 855, Square 1661, s outherly, to a point of 40
	42	+	curve; thence continuing along an east boundary of said Lot 855, Square 1661, 39.13’ on the arc 41
	43	+	of a curve to the left of radius 103.08’, to a point of tangent; thence continuing along an east 42
	44	+	boundary of said Lot 855, Square 1661, s outheasterly, to a point of curve; thence continuing 43
	45	+	along an east boundary of said Lot 855, Square 1661, 27.71’ on the arc of a curve to the right of 44
	46	+	radius 73.04’, to a point of tangent; thence continuing along an east boundary of said Lot 855, 45
	47	+	Square 1661, s outherly, to a north line of Lot 817, Square 1661; thence, continuing w ith a north 46
	48	+	line of Lot 817, Square 1661, e asterly, to the northeast corner of said Lot 817, Square 1661; 47
	49	+	thence with the east line of said Lot 817, Square 1661, s outh, to the north line of Jenifer Street, 48
	50	+	NW; thence running across Jenifer Street, NW , southeasterly, to the intersection of the south line 49
	51	+	of Jenifer Street, NW, and the west line of 43rd Street, NW , said intersection also being the 50
	52	+	northeast corner of Square 1659; thence w ith said west line of 43rd Street, NW, south, to the 51
	53	+	north line of Ingomar Street, NW , said intersection also being the southeast corner of Square 52
	54	+	1659; thence running across Ingomar Street, NW , southeasterly, to the northeast corner of Lot 53
	55	+	10, Square 1665, and the southwest line of a 15’ public alley in Square 1665; thence w ith said 54
	56	+	southwest line of 15’ public alley, s outheasterly, to the south line of a 15’ public alley in Square 55
	57	+	1665; thence with said south line of 15’ public alley, e ast, to a corner of former Lot 11, Square 56
	58	+	1665; thence with a west line of said former Lot 11, Square 1665, s outheasterly, to a corner of 57 4815- 3820- 0237, v. 1
	59	+	said former Lot 11, Square 1665; thence w ith a northwest line of said former Lot 11, Square 58
	60	+	1665, s outhwesterly, to the north most corner of Lot 2001, Square 1665; thence w ith an east line 59
	61	+	of said Lot 2001, Square 1665, s outheasterly, to a corner thereof; thence with an east line of said 60
	62	+	Lot 2001, Square 1665, South, to the north line of Harrison Street, NW ; thence running across 61
	63	+	Harrison Street, NW , southeasterly, to the intersection of the south line of Harrison Street, NW , 62
	64	+	and the west line of 42nd Street, NW, , said intersection also being the northeast corner of Square 63
	65	+	1666; thence with said west line of 42nd Street, NW , south, to the north line of Garrison Street, 64
	66	+	NW, and the southeast corner of Square 1666; thence r unning across Garrison Street, NW , 65
	67	+	southwesterly, to the northeast corner of former Lot 37, Square 1669 and the southwesterly line 66
	68	+	of a 10’ public alley in Square 1669; thence w ith said southwesterly line of 10’ public alley, 67
	69	+	southeasterly, to the southeast corner of Lot 34, Square 1669; thence r unning across said public 68
	70	+	alley in Square 1669, s outheasterly, to the northeast corner of Lot 26, Square 1669, and the west 69
	71	+	line of 42nd Street, NW ; thence, with said west line of 42nd Street, NW , south, to the north line 70
	72	+	of Fessenden Street, NW ; thence with said north line of Fessenden Street, NW, West, to the 71
	73	+	northeast line of Wisconsin Avenue, NW ; thence running across Wisconsin Avenue, NW , 72
	74	+	westerly, to the intersection of the north line of Fessenden Street and the southwest line of 73
	75	+	Wisconsin Avenue, NW ; thence with said north line of Fessenden Street, NW, west, to a 74
	76	+	southwest corner of Lot 11, Square 1655; thence w ith the boundary of said Lot 11, Square 1655, 75
	77	+	north, to a corner of said lot; thence continuing along the boundary of said Lot 11, Square 1655, 76
	78	+	west, to another corner of said lot; thence continuing along the boundary of said Lot 11, Square 77
	79	+	1655, north , to another corner of said lot; thence continuing along the boundary of said Lot 11, 78
	80	+	Square 1655, w est, to another corner of said lot; thence continuing along the boundary of said 79
	81	+	Lot 11, Square 1655, s outh, to another corner of said lot; thence continuing along the boundary 80
	82	+	of said Lot 11, Square 1655, w est, to another corner of said lot; thence continuing along the 81 4815- 3820- 0237, v. 1
	83	+	boundary of said Lot 11, Square 1655, north , to another corner of said lot; thence continuing 82
	84	+	along the boundary of said Lot 11, Square 1655, east , to another corner of said lot; thence 83
	85	+	continuing along the boundary of said Lot 11, Square 1655, north , to the southwest corner of Lot 84
	86	+	9, Square 1655; thence w ith the west line of said Lot 9, Square 1655, north , to the south line of 85
	87	+	Garrison Street, NW, ; thence running across Garrison Street, NW , northwesterly, to the 86
	88	+	southwest corner of Lot 9, Square 1656, and the east line of 16’ public alley in Square 1656; 87
	89	+	thence with said east line of public alley, north , to the south line of Harrison Street, NW ; thence 88
	90	+	running across Harrison Street, NW , northeasterly, to southwest corner of Lot 23, Square 1657 89
	91	+	and the intersection of the north line of Harrison Street and the northeasterly line of 20’ public 90
	92	+	alley in Square 1657; thence w ith said northeasterly line of 20’ public alley, northwesterly , to the 91
	93	+	east extension of the north line of a 16’ public alley in Square 1657; thence w ith said east 92
	94	+	extension and said north line of a 16’ public alley in Square 1657, West, to the east line of 44th 93
	95	+	Street, NW ; thence crossing said 44th Street, NW , southwesterly, to a southeast corner of Lot 33, 94
	96	+	Square 1580; thence w ith the south line of said Lot 33, Square 1580, w est, to the east line of 45th 95
	97	+	Street, NW ; thence with said east line of 45th Street, NW , north, to a corner of Lot 33, Square 96
	98	+	1580; thence with the northeast line of 45th Street, NW , northwesterly, to the southeast line of 97
	99	+	Western Avenue, NW ; thence with said southeast line of Western Avenue, NW, northeasterly, to 98
	100	+	the southwesterly line of Jenifer Street, NW ; thence crossing Jenifer Street, NW, northeasterly, 99
	101	+	to the west most corner of Lot 811, Square 1660, said corner also being the intersection of the 100
	102	+	southeast line of Western Avenue, NW, and the northerly line of Jenifer Street, NW ; thence with 101
	103	+	said southeast line of Western Avenue, NW, northeasterly, to the southwest line of Wisconsin 102
	104	+	Avenue, NW ; thence running across Wisconsin Avenue, NW , northeasterly, to the intersection of 103
	105	+	the northeast line of Wisconsin Avenue, NW, and the southeast line of Western Avenue, NW, 104
	106	+	and the place of beginning. 105 4815- 3820- 0237, v. 1
	107	+	“(c)(1) The BID taxes for nonexempt properties in the Friendship Heights BID shall be as 106
	108	+	follows: 107
	109	+	(A) The amount of $0.165 per square foot for each net rentable square foot for 108
	110	+	Class 2 Properties, excluding hotels; 109
	111	+	(B) The amount of $120 per hotel or motel room annually; and 110
	112	+	(C)(i) The amount of $120 per unit annually of Class 1 property that 111
	113	+	contains 5 or more residential units available for rental for non- transient residential dwelling 112
	114	+	purposes that were placed in service after the effective date of the Rental Housing Act of 1985, 113
	115	+	effective July 17, 1985 (D.C. Law 6- 10; D.C. Official Code § 42- 3501.01 et seq.). All other 114
	116	+	Class 1 property is exempt from this BID tax. 115
	117	+	(ii) If a residential unit is restricted to residents based upon income 116
	118	+	pursuant to a Federal or District affordable housing program, any residential unit with a 117
	119	+	household income of 100 percent or less of the Area Median Income, for which the BID shall 118
	120	+	identify and certify as such, s hall be exempt from BID tax that would otherwise be due on the 119
	121	+	unit. 120
	122	+	“(2) To the extent that a building that is subject to the BID tax is constructed pursuant to 121
	123	+	a ground lease on land that is exempt from real property taxes, the assessed value of the real 122
	124	+	property for purposes of the BID tax shall include the value of the building and the leasehold 123
	125	+	interest, possessory interest, beneficial interest, or beneficial use of the land, and the lessee or 124
	126	+	user of the land shall be assessed the corresponding BID tax, which shall be collected in the same 125
	127	+	manner as possessory interest taxes under § 47- 1005.01, or as otherwise provided in this 126
	128	+	subchapter. 127
	129	+	“(3) Subject to the requirements of section 8 (b), a 3% annual increase in the BID taxes 128
	130	+	over the current tax year rates specified in paragraph (1) of this subsection is authorized.” 129 4815- 3820- 0237, v. 1
	131	+	Sec. 3. Fiscal impact statement. 130
	132	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 131
	133	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 132
	134	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 133
	135	+	Sec. 4. Effective date. 134
	136	+	This act shall take effect following the approval by the Mayor (or in the event of a veto 135
	137	+	by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer 136
	138	+	than 90 days, as provided for emergency acts of the Council for the District of Columbia in 137
	139	+	section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 138
	140	+	Stat. 788; D.C. Official Code § 1- 204.12(a)). 139