(a) An established BID may only expand categories of taxable real property if:
(1) Owners of at least 51% interest in the assessed value of the taxable real properties and at least 25% in number of individual real properties, consisting of a new type of taxable real property of record within the BID’s geographic area, petition the existing BID to join the BID or the board of directors of any condominium association on behalf of a real property within the geographic boundaries of the Downtown BID or Golden Triangle BID petition to join such BID;
(2) The petition is accepted by a majority vote of the existing BID Board;
(3) 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 of the proposed new taxable real property type, 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 real property of the proposed new taxable real property type, 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 real property for purposes of this subparagraph;
(D) A business plan for including the petition area in the operations of the BID; which business plan shall contain, at a minimum:
(i) The specific goals and objectives for the inclusion of the petitioning real property class in the BID consistent with the BID activity, as defined in § 2-1215.02(6); and
(ii) 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; and
(4) The 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 the 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.
(b) 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 BID activity, as defined in § 2-1215.02(6). An expansion of a BID’s taxable real property pursuant to this section shall become effective on the effective date of an act of Council approving the BID’s taxable real property expansion. Initial BID taxes for the area shall be collected at the next practicable regularly scheduled billing pursuant to § 2-1215.15.
(c)(1) For the purposes of this section, individual taxable properties shall mean properties identified by separate lot and square numbers to the extent reasonably ascertainable from the records of the Office of Tax 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 properties referred to in subsection (a) of this section; provided further, that the condominium units shall constitute separate properties for purposes of assessing and levying any BID charges.
(2) 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) The Mayor may designate the Department of Small and Local Business Development, or a successor thereto, to perform the review functions described by this section.
(May 29, 1996, D.C. Law 11-134, § 10b; as added Feb. 26, 2015, D.C. Law 20-161, § 2(i), 61 DCR 10741; Apr. 7, 2017, D.C. Law 21-243, § 2(b), 64 DCR 1614; Oct. 11, 2018, D.C. Law 22-161, § 2(b), 65 DCR 7680.)
For temporary (90 days) addition of this section, see § 2(i) of the Business Improvement Districts Emergency Amendment Act of 2014 (D.C. Act 20-435, Oct. 7, 2014, 61 DCR 10717, 20 STAT 4154).
For temporary (90 days) addition of this section, see § 2(i) of the Business Improvement Districts Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-582, Jan. 13, 2015, 62 DCR 1269, 21 STAT 735).