5785970 Resolution 21-325, Business Improvement Districts Charter Renewal Emergency Declaration Resolution of 2015

A RESOLUTION

21-325

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

December 1, 2015

 

To declare the existence of an emergency with respect to the need to amend the Business Improvement Districts Act of 1996 to clarify that the business improvement district shall submit a plan to the Mayor to request to extend its charter for a period of 5 years.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Business Improvement Districts Charter Renewal Emergency Declaration Resolution of 2015”.

            Sec. 2. (a) In 2014, the Council passed the Business Improvement Districts Amendment Act of 2014, effective February 25, 2015 (D.C. Law 20-161; D.C. Official Code § 2-1215.01 et seq.) (“Act”). The Act modernized the law concerning business improvement districts (“BID”).

            (b) The Act inadvertently changed the way that a BID’s charter was extended. The inadvertent change requires the Board and the membership of a BID to first approve a BID plan and then submit it to the Mayor requesting that its operations be extended for 5 years. Historically, BID plans were approved and submitted to the Mayor in accordance with the BID’s bylaws. The change in the charter renewal procedure that was made in the Act altered the timing and administrative burden of a BID applying to renew its charter. The change will have a negative impact on the BIDs, especially on smaller neighborhood BIDs.

(c) The Adams Morgan BID is in the process of organizing its plan to renew its charter and without this technical amendment, the Act would require the BID to meet a higher threshold and would add uncertainty to its renewal extension process.

(d) Emergency legislation is necessary to expeditiously return the BID charter renewal procedure to the way it had been since 2002, when the first BID term extension took place.

 

            Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Business Improvement Districts Charter Renewal Emergency Amendment Act of 2015 be adopted after a single reading.

 

            Sec. 4. This resolution shall take effect immediately.