1 | 1 | | |
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2 | 2 | | COUNCIL OF THE DISTRICT OF COLUMBIA |
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3 | 3 | | THE JOHN A. WILSON BUILDING |
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4 | 4 | | 1350 PENNSYLVANIA AVENUE, N.W., SUITE 106 |
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5 | 5 | | WASHINGTON, D.C. 20004 |
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6 | 6 | | |
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7 | 7 | | June 21, 2023 |
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8 | 8 | | |
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9 | 9 | | Secretary Smith: |
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10 | 10 | | |
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11 | 11 | | Today, we are introducing a disapproval resolution for proposed contract CA25-0254 with George Washington |
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12 | 12 | | University on the grounds that this contract should not be acted upon by the Council until completion of the 30- |
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13 | 13 | | day Advisory Neighborhood Commission (ANC) comment period so that those comments can be given proper |
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14 | 14 | | consideration. This disapproval is being advanced on procedural grounds and is warranted independent of the |
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15 | 15 | | contracting party or any intended use of the property in question. |
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16 | 16 | | |
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17 | 17 | | Under DC law, when the Mayor intends to purchase and acquire property for the District, she is required to provide |
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18 | 18 | | 30-days written notice, excluding Saturdays, Sundays, and legal holidays, to the Office of ANCs (OANC), each |
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19 | 19 | | affected ANC, the Commissioner representing a single-member district affected by said actions, and each affected |
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20 | 20 | | Ward Councilmember. |
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21 | 21 | | 1 |
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22 | 22 | | Pursuant to this requirement, the Mayor submitted notice of intent to enter into an |
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23 | 23 | | agreement to purchase and acquire property from George Washington University on May 19, 2023, to OANC, |
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24 | 24 | | ANC 2A06, and Ward 2 Councilmember Brooke Pinto. The notice invites opportunity for comment on or before |
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25 | 25 | | July 5, 2023. The May 19 notice stated, “[A]t this time, DGS intends to acquire the above-described real property |
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26 | 26 | | but has not entered into a purchase and sale agreement for the acquisition.” |
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27 | 27 | | |
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28 | 28 | | However, on June 9, 2023 the Mayor submitted to the Council proposed contract CA25-0254 with George |
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29 | 29 | | Washington University. After the submission of the contract, the Council has 10 days to review and without action |
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30 | 30 | | subsequently deem the contract approved. Without Council action, the contract will be deemed approved on |
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31 | 31 | | June 22 |
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32 | 32 | | nd |
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33 | 33 | | , nearly two weeks before the public comment period expires, foreclosing the opportunity for |
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34 | 34 | | meaningful consideration by District residents. |
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35 | 35 | | |
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36 | 36 | | Under DC law, ANC comments on the intent to acquire property are given a special standard of consideration of |
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37 | 37 | | “great weight” by the Mayor. In respect of this “great weight” and the importance of soliciting feedback from |
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38 | 38 | | affected residents and Commissioners, the Council should wait to act upon the proposed contract submitted by |
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39 | 39 | | the Mayor until the ANC comment period has completed and such feedback can be considered. |
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40 | 40 | | |
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41 | 41 | | Similar property acquisitions have allowed the comment period to end prior to the contract being submitted to and |
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42 | 42 | | acted upon by the Council. The ANC and resident comments on this contract should be allowed similar time for |
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43 | 43 | | consideration prior to action by the Council or the Mayor. |
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44 | 44 | | |
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45 | 45 | | Sincerely, |
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46 | 46 | | |
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47 | 47 | | |
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48 | 48 | | _________________________________ _________________________________ |
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49 | 49 | | Ward 2 Councilmember Brooke Pinto Chairman Phil Mendelson |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | _________________________________ |
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53 | 53 | | At-Large Councilmember Christina Henderson |
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54 | 54 | | |
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55 | 55 | | 1 |
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56 | 56 | | D.C. Code § 1-309.10(b)). ___________________________ ______________________________ 1 |
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57 | 57 | | Chairman Phil Mendelson Councilmember Brooke Pinto 2 |
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58 | 58 | | 3 |
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59 | 59 | | 4 |
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60 | 60 | | 5 |
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61 | 61 | | ______________________________ 6 |
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62 | 62 | | Councilmember Christina Henderson 7 |
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63 | 63 | | 8 |
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64 | 64 | | 9 |
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65 | 65 | | 10 |
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66 | 66 | | 11 |
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67 | 67 | | A PROPOSED RESOLUTION 12 |
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68 | 68 | | _________________ 13 |
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69 | 69 | | 14 |
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70 | 70 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 15 |
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71 | 71 | | 16 |
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72 | 72 | | _________________ 17 |
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73 | 73 | | 18 |
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74 | 74 | | 19 |
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75 | 75 | | To disapprove proposed contract CA25-0254 with The George Washington University for the 20 |
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76 | 76 | | District’s acquisition of real property and the improvements thereon located at 1129 New 21 |
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77 | 77 | | Hampshire Avenue, N.W., in the amount of $27,545,700. 22 |
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78 | 78 | | 23 |
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79 | 79 | | RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24 |
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80 | 80 | | resolution may be cited as the “Proposed Contract CA25-254 with George Washington 25 |
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81 | 81 | | University Disapproval Resolution of 2023". 26 |
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82 | 82 | | 27 |
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83 | 83 | | Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved 28 |
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84 | 84 | | December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and section 202 of the 29 |
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85 | 85 | | Procurement Practices Act of 2010, effective April 8, 2010 (D.C. Law 18-371; D.C. Official 30 |
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86 | 86 | | Code § 2-352.02), the Council disapproves CA25-0254 with The George Washington University. 31 |
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87 | 87 | | 32 |
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88 | 88 | | Sec. 3. The Council shall transmit a copy of this resolution, upon its adoption, to the 33 |
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89 | 89 | | Office of the Mayor. 34 |
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90 | 90 | | 35 |
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91 | 91 | | Sec. 4. This resolution shall take effect immediately. 36 |
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92 | 92 | | 37 |
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