District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0334 Engrossed / Bill

Filed 06/20/2023

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A BILL 1 
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25-334  3 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 
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To amend, on a temporary basis, the Business Improvement District Act of 1996 to authorize the 10 
establishment and administration of the Friendship Heights Business Improvement 11 
District. 12 
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 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 14 
Act may be cited as the “Friendship Heights Business Improvement District Temporary 15 
Amendment Act of 2023”. 16 
 Sec. 2. Title II of the  Business Improvement District Act of 1996, effective March 17, 17 
2005 (D.C. Law 15-527; D.C. Official Code § 2-1215.51et seq.), is amended by adding a new 18 
section 212 to read as follows: 19 
 “Sec. 212. Friendship Heights BID. 20 
“(a) Subject to review and approval by the Mayor pursuant to sections 5 and 6, the 21 
formation of the Friendship Heights BID, including nonexempt real property within the 22 
geographic area set forth in subsection (b) of this section, is authorized and the BID taxes 23 
imposed in subsection (c) of this section shall be imposed, beginning immediately for collection 24 
beginning on October 1, 2023, through the earlier of the expiration of this act or the termination 25 
or dissolution of the BID.  26    	ENGROSSED ORIGINAL 
 
 
 
 
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“(b) The Friendship Heights BID shall be comprised of the geographic area bounded by a 27 
line that starts beginning at the intersection of the southeast line of Western Avenue, NW, and 28 
the northeast line of Wisconsin Avenue, NW, said beginning also being the northwest corner of 29 
Square 1661; with said southeast line of Western Avenue, NW, northeasterly, to the south line of 30 
Military Road, NW; thence continuing with said south line of Military Road, NW, east, to the 31 
west line of 43rd Street, NW; thence continuing with said west line of 43rd Street, NW, south, to 32 
a northeast corner of former Lot 31, Square 1661; thence continuing with a southeasterly line of 33 
former Lot 31, Square 1661, southwesterly, to a northeast corner of Lot 855, Square 1661; 34 
thence, continuing with an easterly line of said Lot 855, Square 1661, southerly, to a point of 35 
curve; thence continuing along an east boundary of said Lot 855, Square 1661, 39.13’ on the arc 36 
of a curve to the left of radius 103.08’, to a point of tangent; thence continuing along an east 37 
boundary of said Lot 855, Square 1661, southeasterly, to a point of curve; thence continuing 38 
along an east boundary of said Lot 855, Square 1661, 27.71’ on the arc of a curve to the right of 39 
radius 73.04’, to a point of tangent; thence continuing along an east boundary of said Lot 855, 40 
Square 1661, southerly, to a north line of Lot 817, Square 1661; thence, continuing with a north 41 
line of Lot 817, Square 1661, easterly, to the northeast corner of said Lot 817, Square 1661; 42 
thence with the east line of said Lot 817, Square 1661, south, to the north line of Jenifer Street, 43 
NW; thence running across Jenifer Street, NW, southeasterly, to the intersection of the south line 44 
of Jenifer Street, NW, and the west line of 43rd Street, NW, said intersection also being the 45 
northeast corner of Square 1659; thence with said west line of 43rd Street, NW, south, to the 46    	ENGROSSED ORIGINAL 
 
 
 
 
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north line of Ingomar Street, NW, said intersection also being the southeast corner of Square 47 
1659; thence running across Ingomar Street, NW, southeasterly, to the northeast corner of Lot 48 
10, Square 1665, and the southwest line of a 15’ public alley in Square 1665; thence with said 49 
southwest line of 15’ public alley, southeasterly, to the south line of a 15’ public alley in Square 50 
1665; thence with said south line of 15’ public alley, east, to a corner of former Lot 11, Square 51 
1665; thence with a west line of said former Lot 11, Square 1665, southeasterly, to a corner of 52 
said former Lot 11, Square 1665; thence with a northwest line of said former Lot 11, Square 53 
1665, southwesterly, to the north most corner of Lot 2001, Square 1665; thence with an east line 54 
of said Lot 2001, Square 1665, southeasterly, to a corner thereof; thence with an east line of said 55 
Lot 2001, Square 1665, South, to the north line of Harrison Street, NW; thence running across 56 
Harrison Street, NW, southeasterly, to the intersection of the south line of Harrison Street, NW, 57 
and the west line of 42nd Street, NW,, said intersection also being the northeast corner of Square 58 
1666; thence with said west line of 42nd Street, NW, south, to the north line of Garrison Street, 59 
NW, and the southeast corner of Square 1666; thence running across Garrison Street, NW, 60 
southwesterly, to the northeast corner of former Lot 37, Square 1669 and the southwesterly line 61 
of a 10’ public alley in Square 1669; thence with said southwesterly line of 10’ public alley, 62 
southeasterly, to the southeast corner of Lot 34, Square 1669; thence running across said public 63 
alley in Square 1669, southeasterly, to the northeast corner of Lot 26, Square 1669, and the west 64 
line of 42nd Street, NW; thence, with said west line of 42nd Street, NW, south, to the north line 65 
of Fessenden Street, NW; thence with said north line of Fessenden Street, NW, West, to the 66    	ENGROSSED ORIGINAL 
 
 
 
 
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northeast line of Wisconsin Avenue, NW; thence running across Wisconsin Avenue, NW, 67 
westerly, to the intersection of the north line of Fessenden Street and the southwest line of 68 
Wisconsin Avenue, NW; thence with said north line of Fessenden Street, NW, west, to a 69 
southwest corner of Lot 11, Square 1655; thence with the boundary of said Lot 11, Square 1655, 70 
north, to a corner of said lot; thence continuing along the boundary of said Lot 11, Square 1655, 71 
west, to another corner of said lot; thence continuing along the boundary of said Lot 11, Square 72 
1655, north, to another corner of said lot; thence continuing along the boundary of said Lot 11, 73 
Square 1655, west, to another corner of said lot; thence continuing along the boundary of said 74 
Lot 11, Square 1655, south, to another corner of said lot; thence continuing along the boundary 75 
of said Lot 11, Square 1655, west, to another corner of said lot; thence continuing along the 76 
boundary of said Lot 11, Square 1655, north, to another corner of said lot; thence continuing 77 
along the boundary of said Lot 11, Square 1655, east, to another corner of said lot; thence 78 
continuing along the boundary of said Lot 11, Square 1655, north, to the southwest corner of Lot 79 
9, Square 1655; thence with the west line of said Lot 9, Square 1655, north, to the south line of 80 
Garrison Street, NW,; thence running across Garrison Street, NW, northwesterly, to the 81 
southwest corner of Lot 9, Square 1656, and the east line of 16’ public alley in Square 1656; 82 
thence with said east line of public alley, north, to the south line of Harrison Street, NW; thence 83 
running across Harrison Street, NW, northeasterly, to southwest corner of Lot 23, Square 1657 84 
and the intersection of the north line of Harrison Street and the northeasterly line of 20’ public 85 
alley in Square 1657; thence with said northeasterly line of 20’ public alley, northwesterly, to the 86    	ENGROSSED ORIGINAL 
 
 
 
 
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east extension of the north line of a 16’ public alley in Square 1657; thence with said east 87 
extension and said north line of a 16’ public alley in Square 1657, West, to the east line of 44th 88 
Street, NW; thence crossing said 44th Street, NW, southwesterly, to a southeast corner of Lot 33, 89 
Square 1580; thence with the south line of said Lot 33, Square 1580, west, to the east line of 45th 90 
Street, NW; thence with said east line of 45th Street, NW, north, to a corner of Lot 33, Square 91 
1580; thence with the northeast line of 45th Street, NW, northwesterly, to the southeast line of 92 
Western Avenue, NW; thence with said southeast line of Western Avenue, NW, northeasterly, to 93 
the southwesterly line of Jenifer Street, NW; thence crossing Jenifer Street, NW, northeasterly, 94 
to the west most corner of Lot 811, Square 1660, said corner also being the intersection of the 95 
southeast line of Western Avenue, NW, and the northerly line of Jenifer Street, NW; thence with 96 
said southeast line of Western Avenue, NW, northeasterly, to the southwest line of Wisconsin 97 
Avenue, NW; thence running across Wisconsin Avenue, NW, northeasterly, to the intersection of 98 
the northeast line of Wisconsin Avenue, NW, and the southeast line of Western Avenue, NW, 99 
and the place of beginning. 100 
“(c)(1) The BID taxes for nonexempt properties in the Friendship Heights BID shall be as 101 
follows: 102 
 (A) The amount of $0.165 per square foot for each net rentable square foot 103 
for Class 2 Properties, excluding hotels; 104 
 (B) The amount of $120 per hotel or motel room annually; and 105 
 (C)(i) The amount of $120 per unit annually of Class 1 property that 106    	ENGROSSED ORIGINAL 
 
 
 
 
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contains 5 or more residential units available for rental for non-transient residential dwelling 107 
purposes that were placed in service after the effective date of the Rental Housing Act of 1985, 108 
effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3501.01 et seq.). All other 109 
Class 1 property is exempt from this BID tax. 110 
 (ii) If a residential unit is restricted to residents based upon income 111 
pursuant to a Federal or District affordable housing program, any residential unit with a 112 
household income of 100 percent or less of the Area Median Income, for which the BID shall 113 
identify and certify as such, shall be exempt from BID tax that would otherwise be due on the 114 
unit. 115 
 “(2) To the extent that a building that is subject to the BID tax is constructed 116 
pursuant to a ground lease on land that is exempt from real property taxes, the assessed value of 117 
the real property for purposes of the BID tax shall include the value of the building and the 118 
leasehold interest, possessory interest, beneficial interest, or beneficial use of the land, and the 119 
lessee or user of the land shall be assessed the corresponding BID tax, which shall be collected in 120 
the same manner as possessory interest taxes under § 47-1005.01, or as otherwise provided in 121 
this subchapter. 122 
 “(3) Subject to the requirements of section 8(b), a 3% annual increase in the BID 123 
taxes over the current tax year rates specified in paragraph (1) of this subsection is authorized.” 124 
 Sec. 3. Fiscal impact statement.  125 
 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 126    	ENGROSSED ORIGINAL 
 
 
 
 
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statement required by section 4a of the General Legislative Procedures Act of 1975, approved 127 
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 128 
 Sec. 4. Effective date. 129 
 (a) This act shall take effect following approval by the Mayor (or in the event of veto by 130 
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 131 
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 132 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 133 
Columbia Register. 134 
 (b) This act shall expire after 225 days of its having taken effect.  135