Current through October 23, 2012
The Council of the District of Columbia is authorized and directed to acquire by purchase, condemnation, or otherwise, all of squares no. 490, 491, 533, and reservation 10, in the District of Columbia, including buildings and other structures thereon, as a site for a municipal center, and to construct thereon necessary buildings to house municipal activities; provided, that the Council is hereby authorized to close and vacate such portions of streets and alleys as lie between or within such squares, as in the judgment of said Council may be necessary, and the portions of such streets and alleys so closed and vacated shall thereupon become parts of such sites; provided further, that if this property or any part thereof shall be condemned, the Mayor of the District of Columbia shall be entitled to enter immediately into the possession of any such property for which an award shall have been made by paying the amount of such award into the Registry of the Superior Court of the District of Columbia.
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(Feb. 28, 1929, 45 Stat. 1408, ch. 379, § 1; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(29).)
1981 Ed., § 9-201.
1973 Ed., § 9-201.
Temporary Addition of Section
Sections 2 and 3 of D.C. Law 18-58 added sections to read as follows:
"Sec. 2. (a) The Mayor is authorized to enter into an agreement with the Boys and Girls Club of Greater Washington ('BGCGW') ('agreement'), for the acquisition of the following real property:
"(1) Frank R. Jelleff Branch property;
"(2) Mary & Daniel Loughran Clubhouse # 10; and
"(3) Eastern Branch.
"(b) The agreement shall provide that:
"(1) BGCGW and the District's obligations are contingent upon a payment to BGCGW:
"(A) In the amount of $7.5 million at settlement;
"(B) In the amount of $3.125 million by October 1, 2010;
"(C) In the amount of $3.125 million by October 1, 2011;
"(D) In the amount of $3.125 million by October 1, 2012; and
"(E) In the amount of $3.125 million by October 1, 2013;
"(2) All income from leases and other revenue attributable to the properties after the date of closing shall accrue to the District; and
"(3) The properties shall be accepted in 'as is' condition at closing.
"(c) The agreement shall contain such other terms and conditions as the Mayor determines to be in the best interest of the District of Columbia.
"Sec. 3. (a) The Mayor is authorized to contract with BGCGW for the operation of a summer camp during the summer of 2009 and for continued after-school programming through the closing on the sale of the Frank R. Jelleff Branch property, but no later than December 31, 2009, for which the District shall pay BGCGW $60,000 before July 1, 2009, and $20,000 before the end of 2009.
"(b) The Mayor is authorized to contract with BGCGW to open and operate the Mary & Daniel Loughran Clubhouse #10 from 4 p.m., to 10 p.m., through the summer of 2009, to provide teen recreation opportunities and a summer day camp for children from 6 through 12 years of age, for which BGCGW will receive $33,000 before July 1, 2009. The Mayor shall negotiate with BGCGW to continue providing its customary and usual program operations through closing, but no later than December 31, 2009.
"(c)(1) The Mayor is authorized to contract with BGCGW to provide transportation for up to 26 youths currently served at Hopkins Branch and Hopkins Branch's current Branch Director to BGCGW summer camp at the Richard England Clubhouse #14. BGCGW shall use its best efforts to identify adequate space at Hopkins Branch to provide programming in its 5 core programming areas, to serve at least 45 youths on a daily basis.
"(2) For fiscal year 2010, the District shall pay up to 50% of the budget for programming at Hopkins Branch, if the District of Columbia Housing Authority identifies adequate space in reasonably close proximity to the existing facility, in an amount not to exceed $121,000 for the operations during fiscal year 2010.
"(d)(1) Within 60 days after execution of the agreement, the Mayor shall enter into discussions with BGCGW as to the terms and conditions for BGCGW to continue to provide programs and services at Frank R. Jelleff Branch, the Mary & Daniel Loughran Clubhouse #10, and Eastern Branch prior to completion of the sale. BGCGW shall competitively bid for the operation of programs as soon as practicable following the sale.
"(2) The Mayor shall encourage BGCGW to explore options to re-establish programs at the Eastern Branch prior to the transfer of ownership to the District of Columbia, contingent upon obtaining a valid certificate of occupancy for the Eastern Branch building.
"(e) In addition to the operating funds described in subsections (a), (b), and (c) of this section, the District shall:
"(1) Contract with BGCGW for the services identified in the fiscal year 2010 budget, approved on May 12, 2009, totaling $450,000;
"(2) Pay $200,000 from funds identified in the fiscal year 2010 budget to BGCGW to assist BGCGW in making payments required under its lease at THEARC, located at 1901 Mississippi Avenue, S.E.; and
"(3) Subject to the availability of funds, reimburse BGCGW up to $150,000 for the expenses associated with office renovations and other costs related to BGCGW's planned relocation of its headquarters operations and 25 employees from the current location in Silver Spring, Maryland to the Richard England Clubhouse #14, located at 4103 Benning Road, N.E., in the District."
Section 6(b) of D.C. Law 18-58 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) provisions for private financing of a stadium provisions, see §§ 2 and 3 of Private or Alternative Stadium Financing Emergency Act of 2004 (D.C. Act 15-642, December 20, 2004, 51 DCR 11830).
For temporary (90 day) provisions for private or alternative financing of a stadium, see §§ 2 to 4 of Private or Alternative Stadium Financing and Cost Trigger Emergency Amendment Act of 2004 (D.C. Act 15-718, December 29, 2004, 52 DCR 1786).
For temporary (90 day) provisions for private or alternative financing of a stadium, see §§ 2 to 4 of Private or Alternative Stadium Financing and Cost Trigger Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-55, March 17, 2005, 52 DCR 3174).
For temporary (90 day) additions, see §§ 2 and 3 of Boys and Girls Club of Greater Washington Property Acquisition Emergency Act of 2009 (D.C. Act 18-130, July 6, 2009, 56 DCR 5510).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(191) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.