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District of Columbia Code Division I. Government of District. § 2-1215. Expanding the geographic area of a BID.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided in § 2-1215.09a, an established BID may only expand its geographic area if:

(1)(A) Owners of at least 51% interest in the assessed value of the taxable properties and at least 25% in number of individual properties of record in a geographic area petition the existing BID to join the BID;

(B) Repealed.

(2) The BID meets the definition set forth in § 2-1215.02(7) in relation to the existing BID borders;

(3) Such petition is accepted by a majority vote of the existing BID Board; and

(3A) The petition is submitted to the Mayor with:

(A) The name and address of the BID corporation and a copy of the resolution adopted by the Board of Directors of the BID corporation accepting the petition;

(B) A description by lot, square, and street address of the property of each owner in the petition area, to the extent reasonably ascertainable;  provided, that a property subdivided into separate condominium units shall constitute a single property for purposes of this subparagraph;

(C) The most recent assessed value of each taxable property located in the petition area to the extent reasonably ascertainable from District property tax records or a final determination of the Real Property Tax Appeals Commission for the District of Columbia;  provided, that a property subdivided into separate condominium units shall constitute a single property for purposes of this subparagraph;

(D) A business plan for including the petition area in the operations of the BID.  The business plan shall contain, at a minimum:

(i) A map of the geographic area of the petition area and the existing BID;

(ii) The specific goals and objectives for the inclusion of the petition area in the BID consistent with the BID activity as defined in this subchapter;  and

(iii) The applicable BID taxes;

(E) A list of the current members of the Board of Directors of the BID;  and

(F) The current articles of incorporation and the bylaws of the BID.

(4) Such petition is approved by the Mayor in accordance with the procedures set forth in § 2-1215.05 and § 2-1215.06;  provided, that wherever the word “application” or phrase “BID application” appears in § 2-1215.05 or § 2-1215.06, the word or phrase shall be considered to refer to the expansion petition, and wherever reference is made to the registration of the BID and the nonprofit corporation in § 2-1215.06, the reference shall be considered to refer to registration of the expanded BID.  The Mayor may designate the Deputy Mayor for Planning and Economic Development, or a successor thereto, to perform the review functions described by this section.

(5) The Mayor shall approve a petition if the Mayor determines that the petition was properly filed and adoption of the petition is consistent with the purposes of this subchapter and the definition of BID activity in § 2-1215.02(6).

(b) An expansion of a BID's geographic area pursuant to this section shall become effective on the effective date of an act of Council which approves such BID geographic expansion. Initial BID taxes for such area shall be collected at the next practicable regularly scheduled billing pursuant to § 2-1215.15.

(c) For the purposes of this section, individual taxable BID properties shall mean properties identified by separate lot and square numbers to the extent reasonably ascertainable from the records of the Office of Taxation and Revenue or Office of Recorder of Deeds; provided, that any property subdivided into separate condominium units shall constitute a single property for the purpose of determining the number of taxable BID properties referred to in subsection (a) of this section; provided further, that such condominium units shall constitute separate properties for purposes of assessing and levying any BID charges. Changes in the assessed values occurring after submission of a BID application, whether through regular reassessment, appeals, or otherwise, shall not affect the validity of the BID application to be taken into account in the Mayor's review of the BID application.

(d) Notwithstanding any other provision of this subchapter, the Mayor may approve a petition by the Anacostia BID to expand its geographic area to include real property owned by the District of Columbia adjacent to or abutting the Anacostia BID's geographical area as delineated in § 2-1215.59;  provided, that the expanded BID's geographic area shall not become effective until the effective date of an act of the Council approving such BID geographic expansion;  and provided further, that initial BID taxes for such expanded area, to the extent it includes taxable property, shall be collected at the next practicable regularly scheduled billing pursuant to § 2-1215.16.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 2-1215. Expanding the geographic area of a BID. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-2-1215-09/

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