§ 9-202.01. Authority of the Council.

Prior Codifications

1981 Ed., § 7-421.

Emergency Act Amendments

For temporary order to close public alleys in Square 51, see § 2 of the Closing of Public Alleys in Square 51, S.O. 98-145, Emergency Act of 1998 (D.C. Act 12- 597, January 20, 1999, 45 DCR 1142).

Legislative History of Laws

For legislative history of D.C. Law 4-201, see Historical and Statutory Notes following § 9-201.01.

Law 12-86, the "Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-458, which was referred to the Committee on Public Works and the Environment and the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 19, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 28, 1998, it was assigned Act No. 12-256 and transmitted to both Houses of Congress for its review. D.C. Law 12-86 became effective on April 29, 1998.

Miscellaneous Notes

Opposition to partial closure of Pennsylvania Avenue, N.W: Pursuant to Resolution 6-136, the "Opposition to the Partial Closure of Pennsylvania Avenue, N.W., Resolution of 1985," effective May 14, 1985, the Council emphatically opposes any proposal which includes the closure of Pennsylvania Avenue, N.W., between 15th and 17th Streets, N.W.

Authority to enact closing acts reaffirmed: Section 133 of § 101(d) of Pub. L. 99-591, the D.C. Appropriation Act, 1987, provided that the Congress of the United States reaffirms the authority of the Council of the District of Columbia, as authorized by § 7-421, to enact the Closing of a Portion of 8th Street, Northwest, and Public Alleys in Square 403 Act of 1984 (D.C. Law 5- 148), and the Closing of a Portion of 8th Street, Northwest, and Public Alleys and Square 403 Emergency Act of 1984 (D.C. Act 5-206).

Alley closings: Council regularly adopts alley closings which take effect after signature by the Mayor and 30-day Congressional review in accordance with § 1-206.02(c)(1) and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations. The alley closings are noted in the D.C. Laws Not Codified Table located in the tables volume.

Closing of Glover Archbold Parkway: Section 2 of D.C. Law 9-51 ordered, on a temporary basis, the closing of Glover Archbold Parkway, N.W., between Upton Street, N.W., and Van Ness Street, N.W. Section 3 of D.C. Law 9-51 provided, on a temporary basis, for the establishment of a street easement to be known as 40th Place, N.W., in Square 1789 and adjacent to Glover Archbold Parkway, N.W., S.O. 99-117 in Ward 3. Section 4 of D.C. Law 9-51 provided a map of the closing of Glover Archbold Parkway, N.W., and the establishment of 40th Place, N.W. Section 5(b) of D.C. Law 9-51 provided that the act shall expire on the 225th day of its having taken effect.

Temporary closing of public alleys in Square 51: Section 2(a) of D.C. Law 12- 280 provides for the temporary closing of the public alleys in Square 51, as shown on the Surveyor's plat filed under S.O. 98-145, with title to the land to vest as shown on the Surveyor's plat. Section 6(b) of D.C. Law 12-280 provides that the act shall expire after 225 days of its having taken effect.

Closing of public alley in Square 371: Section 2 of D.C. Law 12-267 provides that the Council of the District of Columbia found the public alley in Square 371, as shown on the Surveyor's plat filed under S.O. 96-202, unnecessary for alley purposes, and ordered it closed, with title to the land to revert as shown on the Surveyor's plan.

Section 2 of D.C. Law 13-124 provides:

"Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Code § 9-202.01), the Council of the District of Columbia finds that the public alley in Square 6159, as shown on the Surveyor's plat filed under S.O. 98-125, is unnecessary for alley purposes and orders it closed, with title to the land to vest as shown on the Surveyor's plat. Prior to the issuance of a building permit for the development of Lots 126, 123, and 812 in Square 6159, which is facilitated by the alley closing that is the subject of this act, the applicant shall certify to the District that the applicant's building plans satisfy the conditions required by the Department of Public works as set forth in the official file on S.O. 98-125."

Section 2 of D.C. Law 13-240 provides:

"(a) Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982 the Council of the District of Columbia finds that the public alley in Square 4335, as shown on the Surveyor's plat filed under S.O. 98-245, is unnecessary for alley purposes and orders it closed, with title to vest as shown on the Surveyor's plat.

"(b) The approval of the Council of the District of Columbia of the closing of this alley is contingent upon the applicant satisfying the conditions required by the Department of Public Works as set forth in the official file on S.O. 98-245.

"(c) The approval of the Council of this closing is further contingent upon the recording, in the Recorder of Deeds Division of the District of Columbia Office of Tax and Revenue, of a covenant between the applicant and Verizon Atlantic and the applicant and PEPCO, granting each an easement for access and egress."

Section 2 of D.C. Law 14-37 provides:

"(a) Pursuant to section 201 the Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9- 202.01), the Council of the District of Columbia finds that the public alley in Square 192, as shown on the Surveyor's plat filed under S.O. 93-89, is unnecessary for alley purposes and orders it closed, with title to the land to vest as shown on the Surveyor's plat.

"(b) The Council's order to close the alley is contingent upon:

"(1) The establishment of easements and satisfaction of other conditions required by the Department of Public Works, the District of Columbia Water and Sewer Authority, and public utilities as set forth in the official file on S.O. 93-89; and

"(2) The owner of Lots 61, 62, 37, 38, 39, and 21 ('community garden lots'), or any subsequently consolidated lot which includes the community garden lots, retaining the community garden lots for the purpose of a community garden for a period of not less than five years after the effective date of this act [October 13, 2001]."

Section 2 of D.C. Law 15-243 provides:

"Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01), the Council finds that the portion of the of the intersection of Minnesota Avenue and East Capitol Street, N.E., adjacent to Square 5047, as shown on the surveyor's plat filed under S. O. 02-3743, is unnecessary for street purposes and orders it closed, with title to the land to vest as shown on the surveyor's plat. The approval of the Council of this closing is contingent upon the satisfaction of all conditions set forth in the official file of S.O. 02-3743."

Section 2 of D.C. Law 15-254 provides:

"Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01), the Council finds that the public alleys in Square 2674, as shown on the Surveyor's plat filed under S.O. 01-2426, are unnecessary for alley purposes and orders them closed, with title to the land to vest as shown on the Surveyor's plat. The approval of the Council of this closing is contingent upon satisfaction of all conditions set forth in the official file on S.O. 01-2426."

Section 2 of D.C. Law 15-306 provides:

"Sec. 2. (a) Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01), the Council finds that the portion of a public alley in Square 317, as shown on the Surveyor's plat filed under S.O. 04-7832, is unnecessary for alley purposes and orders it closed, with title to the land to vest as shown on the Surveyor's plat.

"(b) The approval of the Council of this closing is contingent upon the satisfaction of the:

"(1) Conditions of the District of Columbia Office of Planning as set forth in the Office's memorandum, dated October 15, 2004, to the Surveyor and all other conditions set forth in the official file of S.O. 04-7832;

"(2) Provision, by the Applicant, of:

"(A) Commercial trash storage and disposal services within its proposed building for use by the buildings on Lots 22 and 835 in Square 317 and at no cost to the owners of Lots 22 and 835;

"(B) Automatic panic bar egress at the exit points of the proposed 10-foot wide, east-west pedestrian easement ("easement") to be provided through the Applicant's proposed building for persons exiting from the buildings located on Lots 22 and 835 in Square 317;

"(C) Automated access from 11th Street at the entry to the easement to the occupants of the building located on Lots 22 and 835 in Square 317;

"(D) A Commercial video screening and access mechanism at the entry to the easement from 11th Street to the occupants of the building on Lot 835 in Square 317;

"(E) Key access to the easement to the District of Columbia Fire and Emergency Medical Services Department; and

"(F) A building design for the proposed building that includes a garage ventilation discharge with an elevation at a minimum of 6 feet, 6 inches above grade and an exhaust velocity that will exchange the air in the garage no less than 7 times per hour; and

"(3) Incorporation of the conditions described in paragraphs (1) and (2) of this subsection in a recorded covenant."