5370616 Resolution 21-15, H Street, N.E., Retail Priority Area Clarification Emergency Declaration Resolution of 2015

A RESOLUTION

                                                        

21-15

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

February 3, 2015         

 

 

To declare the existence of an emergency with respect to the need to amend the Fiscal Year 2015 Budget Support Act of 2014 and the Retail Incentive Act of 2004 to modify the boundaries of the Bladensburg Road, N.E., Retail Priority Area; to amend  the H Street, N.E., Retail Priority Area Incentive Act of 2010 to clarify that restaurants whose annual alcohol sales exceed 20% are not eligible for retail development project grants and to clarify the location of businesses that are eligible to receive retail development project grants; and to repeal the H Street, N.E., Retail Priority Area Incentive Temporary Amendment Act of 2014.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “H Street, N.E., Retail Priority Area Clarification Emergency Declaration Resolution of 2015”.

 

Sec. 2. (a)  There exists an immediate need to amend, on an emergency basis, the Fiscal Year 2015 Budget Support Act of 2014, enacted on September 23, 2014 (D.C. Act 20-424; 61 DCR 9990), and section 4 of the Retail Incentive Act of 2004, effective September 8, 2004 (D.C. Law 15-185; D.C. Official Code § 2-1217.73), to modify the boundaries of the Bladensburg Road, N.E., Retail Priority Area; to repeal the H Street, N.E., Retail Priority Area Incentive Temporary Amendment Act of 2014, enacted on November 10, 2014 (D.C. Act 20-475; 61 DCR 12121); and to amend section 4 of the H Street, N.E., Retail Priority Area Incentive Act of 2010,  effective April 8, 2011 (D.C. Law 18-354; D.C. Official Code § 1-325.173), to clarify that restaurants whose annual alcohol sales exceed 20% are not eligible for retail development project grants and to clarify the location of businesses that are eligible to receive retail development project grants.

(b)  The Fiscal Year 2015 Budget Support Act of 2014 and subsequent emergency legislation amended the Bladensburg Road, N.E., Retail Priority Area, and included it as part of the H Street, N.E., Retail Priority Area.

(c)  The H Street, N.E., Retail Priority Area Incentive Emergency Amendment Act of 2014, effective October 24, 2014 (D. C. Act 20-0460; 61 DCMR 11377), amended the criteria for eligible retail development projects eligible to receive grants.

 

(d)  There is concern about the clarity and accuracy of the language amending the Bladensburg Road, N.E., Retail Priority Area, including it into the H Street, N.E., Retail Priority Area, and amending the criteria for  retail development projects to be eligible to receive grants.

(e) This emergency legislation addresses those immediate concerns with new language to effectuate the intent of the Fiscal Year 2015 Budget Support Act of 2014 and the H Street, N.E., Retail Priority Area Incentive Emergency Amendment Act of 2014.

(f)  This emergency legislation also contains conforming provisions that amend the Fiscal Year 2015 Budget Support Act of 2014 and repeal the pending H Street, N.E., Retail Priority Area Incentive Temporary Amendment Act of 2014 to ensure the timely effectiveness of this emergency legislation.

(f)  There exists an immediate need to pass this measure clarifying the boundaries of the H Street, N.E., Retail Priority Area and eligible retail development projects so that they are in effect before the conclusion of the current grant cycle, which closes February 23, 2015.

 

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 H Street, N.E., Retail Priority Area Clarification Emergency Amendment Act of 2015 be adopted after a single reading.

 

Sec. 4.  This resolution shall take effect immediately.