Except for real property disposed of pursuant to § 6-1005(c) , the Mayor is authorized and empowered, in his discretion, for the best interests of the District of Columbia (“District”), and with the approval of the Council by resolution, to sell, convey, lease (inclusive of options) for a period of greater than 20 years, exchange, or otherwise dispose of real property, in whole or in part, now or hereafter owned in fee simple by the District, whether purchased with appropriated, grant, or other funds, the proceeds of general obligation bonds or tax revenue anticipation notes issued by the District government, or United States Treasury Notes, or obtained by any other means including exchange, condemnation, eminent domain, gift, dedication, donation, devise or assignment, for municipal, community development, or other public purpose, which the Council finds to be no longer required for public purposes. The Mayor shall submit separate resolutions for the determination that the real property is no longer required for public purposes pursuant to subsection (a-1) of this section and for the approval of its disposition pursuant to subsection (b) of this section. If the Mayor believes that real property is no longer required for public purposes, the Mayor shall submit to the Council a proposed resolution which includes a finding that the real property is no longer required for public purposes. In the proposed resolution submitted to the Council, the Mayor shall also provide a description of the real property and a detailed explanation as to why the real property is no longer required for public purposes. The proposed resolution shall be accompanied by an analysis setting forth: Whether the real property has any necessary use by the District; Why the determination that the real property is no longer required for public purposes is in the best interests of the District; and A summary of public comments received at the public hearing required under paragraph (4) of this subsection. The proposed resolution shall be submitted to the Council for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution within the 90-day period, the proposed resolution shall be deemed disapproved. Before submitting a proposed resolution pursuant to this subsection, the Mayor shall hold at least one public hearing on the finding that the real property is no longer required for public purposes. The hearing shall be held at an accessible evening or weekend time and in an accessible location in the vicinity of the real property. The Mayor shall provide at least 30 days notice to Advisory Neighborhood Commissions of the public hearing and shall publicize the hearing by placing a notice in the District of Columbia Register at least 15 days before the hearing. The Mayor shall be deemed to have met the requirements of paragraphs (2)(C) and (4) of this subsection if, prior to April 19, 2010, the Mayor submitted the proposed resolution pursuant to this subsection to the Council and, prior to March 10, 2010, the Mayor engaged in community outreach efforts regarding the real property’s proposed redevelopment; provided, that the community outreach: Occurred in an accessible location, or accessible locations, in the vicinity of the real property; and Involved a discussion of the proposed redevelopment plan for real property. If the Council determines that the real property is no longer required for public purposes pursuant to subsection (a-1) of this section, the Mayor shall attempt to dispose of the real property for a use with a direct public benefit as described in a specific government plan adopted by the Mayor or Council, including the Community Development Plan, the Comprehensive Plan, the Strategic Neighborhood Area Plan, or the Comprehensive Housing Strategy Plan. If a proposed disposition of real property will result in the development of multifamily residential property consisting of 10 or more units (“multifamily units”), the following affordable housing requirements shall apply: If the multifamily units are located in the following areas, at least 30% of the units shall be dedicated as affordable housing: Within ½ mile of a Metrorail station that is in operation or for which a construction contract has been awarded on or before the date of the disposition; Within ¼ mile of a streetcar line that is in operation or for which a construction contract has been awarded on or before the date of the disposition; or Within ¼ mile of a Priority Corridor Network Metrobus Route, as designated by the Washington Area Metropolitan Transit Authority, located entirely or partially within the District of Columbia; If the multifamily units are located outside of the areas described in subparagraph (A) of this paragraph, at least 20% of the units shall be dedicated as affordable housing; The units dedicated as affordable housing pursuant to subparagraphs (A) and (B) of this paragraph shall remain affordable housing units for the life of the building; and The purchase price for the second and subsequent sales of the units dedicated as affordable housing described in subparagraphs (A) and (B) of this paragraph shall be determined by a formula established by the Mayor. The units dedicated as affordable housing pursuant to subparagraphs (A) and (B) of this paragraph shall be made available according to the following affordability levels: In the case of rental units, 25% of the units shall be housing for which a very low-income household will pay no more than 30% of its income toward housing costs, and 75% of such units shall be housing for which a low-income household will pay no more than 30% of its income toward housing costs; and In the case of ownership units, 50% of the units shall be housing for which a low-income household will pay no more than 30% of its income toward housing costs, and 50% of the units shall be housing for which a moderate-income household will pay no more than 30% of its income toward housing costs. The Mayor shall take into account the affordable housing requirements of this subsection when establishing the terms and conditions under which real property is to be disposed. The Mayor may transfer real property at less than its appraised value or provide additional subsidies to a developer, as necessary, to ensure that the affordable housing requirements imposed by this subsection are met. The Mayor may waive the affordable housing requirements of this subsection; provided, that the Mayor certifies that: The appraised value of the property to be disposed is insufficient to support the affordable housing requirements, taking into account all other available sources of public funding for affordable housing, whether provided by the District of Columbia or the federal government; The terms and conditions under which the real property is to be disposed satisfy the housing requirements to the maximum extent possible; and The Chief Financial Officer has provided to the Mayor and the Council a financial analysis, which shall consist of: A review and analysis of the financial condition of disposed land; and An advisory opinion stating whether or not it is likely that the developer could be reasonably expected to meet the affordable housing requirements outlined in paragraph (1) of this subsection. Paragraph (4) of this subsection shall not apply to the disposition of the building and property owned by the District located at 425 2nd Street, N.W., unless the District commits to using all of the proceeds from the disposition of the property for the construction of a new homeless shelter and affordable housing to serve homeless populations. The Mayor may reduce the affordable housing requirements of this section if the proposed disposition of real property finances the development of a significant public facility. For the purposes of this paragraph, the term “public facility” means a building, structure, or system that is an asset of the District government eligible for capital spending and subject to depreciation. A public facility may include a fire station, public library, public school, stadium, or homeless shelter. Notwithstanding the priority to finance a significant public facility, the Mayor shall nevertheless endeavor to provide affordable housing, consistent with this section, to the extent economically feasible. The Mayor, to carry out the provisions of this subchapter, shall transmit to the Council a proposed resolution that contains the following: Repealed; The name and business address of the developer, and, if the developer is a joint venture or partnership, the name and business address of each person that constitutes the partnership; A description of the real property to be disposed of; A description of the intended use for the property (“Project”); If applicable, a finding that the Developer will achieve the affordable housing requirements established by subsection (a-3) of this section or, if those requirements will not be achieved, a written certification by the Chief Financial Officer pursuant to subsection (a-3)(4) of this section; A finding that the Developer will enter into an agreement that shall require the Developer to, at a minimum, contract with Certified Business Enterprises for at least 35% of the contract dollar volume of the project, and shall require at least 20% equity and 20% development participation of Certified Business Enterprises; A finding that the Developer will enter into a First Source Agreement with the District that shall govern certain obligations of Developer pursuant to § 2-219.03 and Mayor’s Order 83-265 (November 9, 1983) regarding job creation and employment generated as a result of the construction on the Property; The proposed method of disposition, which may be one of the following: A public or private sale to the highest bidder; A negotiated sale to a for-profit or nonprofit entity for specifically designated purposes; A lease for a period of greater than 20 years; A combination sale/leaseback for specifically designated purposes; An exchange of interests in real property; or A public or private sale to the bidder providing the most benefit to the District; and The following statement: “All documents that are submitted with this resolution pursuant to subsection (b-1) of this section shall be consistent with the executed Memorandum of Understanding or term sheet transmitted to the Council pursuant to subsection (b-1)(2) of this section.”. A proposed resolution to provide for the disposition of real property transmitted to the Council pursuant to subsection (b) of this section shall be accompanied by the following: An analysis prepared by the Mayor of the economic factors that were considered in proposing the disposition of the real property, including: The chosen method of disposition, and how competition was maximized; The manner in which economic factors were weighted and evaluated, including estimates of the monetary benefits and costs to the District that will result from the disposition. The benefits shall include revenues, fees, and other payments to the District, as well as the creation of jobs; and A description of all disposition methods considered and an accompanying narrative for the proposed disposition method that contains comparisons to the other methods and shows why the proposed method was more beneficial for the District than the others in the areas of return on investment, subsidies required, revenues paid to the District, and any other relevant category, or why it is being proposed despite it being less beneficial to the District in any of the measured categories. An executed term sheet or Memorandum of Understanding between the District and the selected developer that shall include the following: A description of the major business terms of the transaction; A description of the method of disposition; A description of the Certified Business Enterprise requirements; A description of the green building requirements; A description of the schedule of performance; and Any other terms that the Mayor finds to be in the best interest of the District. A document reporting the value of the property prepared by an independent appraiser or assessor performed within 12 months of transmission of the proposed resolution. For any development project where the total value of the government assistance is greater than $10 million, a description of the project funding and financing plan. For all District land being disposed for purposes of development and requiring government assistance the following additional items shall be transmitted to the Council concurrent with the proposed resolution and analysis: A Land Disposition Agreement between the District and the selected developer; Any community benefits agreement between the developer and the relevant community, if any; and A Certified Business Enterprise (“CBE”) Agreement pursuant to subchapter IX-A of Chapter 2 of Title 2 [ § 2-218.01 et seq.]. Documents in this paragraph shall be transmitted in the most current form available at the time the resolution is transmitted. All documents referenced in this paragraph shall be consistent with the proposed resolution for land disposition and language to that effect shall be included in those agreements prior to execution. If a substantive change is made to the term sheet or Memorandum of Understanding referenced in subsection ((b-1)(2) of this section, after the resolution was transmitted to and approved by the Council pursuant to this subsection, a resolution describing the change accompanied by an amended term sheet or Memorandum of Understanding in redline format shall be transmitted to Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed amendments to the term sheet, in whole or in part, by resolution within the 30-day review period, the proposed amendments shall be deemed approved. For the purpose of this paragraph, the term: “Redline format” means the changes that are deletions have a line through them and the changes that are additions are underlined. “Substantive change” means a change that makes the agreement inconsistent with the executed Memorandum of Understanding or term sheet transmitted with the proposed resolution. The proposed resolution to provide for the disposition of real property pursuant to subsection (b) of this section shall be submitted to the Council for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove of the proposed disposition of the property, in whole or in part, by resolution within the 90-day period, the proposed resolution shall be deemed disapproved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2 . Approval of the disposition of the real property by the Council shall expire 2 years after the effective date of the resolution of approval. If the Mayor determines prior to the end of the 2-year period that the property cannot be disposed of within the 2-year period, the Mayor may submit to the Council, no later than 60 days prior to the end of the 2-year period, a resolution seeking additional time for the disposition of the property, and shall include with the resolution a detailed status report on efforts made toward disposition of the property as well as the reasons for the inability to dispose of the property within the 2-year period. If the Council does not take action to approve or disapprove the resolution within 30 days of receipt of the resolution, not including Saturdays, Sundays, legal holidays, or days of Council recess, the resolution shall be deemed disapproved. Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of the property located at 2341 4th Street, N.E., pursuant to the Unsolicited Proposal Submitted by the H Street Community Development Corporation for the Acquisition and Development of 2341 4th Street, N.E., Resolution of 1999, deemed approved February 10, 2000 (PR13-436), is extended to February 10, 2004. This subsection shall apply as of February 10, 2000. Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of Square 5912, Lot 804 in Ward 8 in accordance with the Request for Proposals for the Disposition of Camp Simms Approval Resolution of 2000, effective December 5, 2000 (Res. 13-715; 47 DCR 9984), is extended to March 2, 2006. This subsection shall apply as of December 5, 2002. Notwithstanding subsections (a) through (d) and (e) of this section, the Mayor may dispose of the following properties: Lots 106 and 803 in Square 442, in a manner not inconsistent with the Council’s approval of the dispositions of these parcels pursuant to the Development of Small Parcels Resolution of 2006, deemed approved October 27, 2006 (Res. 16-849; 53 DCR 9376); and Lots 848 and 849 in Square 2906 in a manner not inconsistent with the Council’s approval of the dispositions of these parcels pursuant to the Disposition of Lots 848 and 849 in Square 2906 Approval Resolution of 2005, deemed approved July 2, 2005 (Res. 16-280; 52 DCR 7961). The Mayor’s authority to dispose of the properties listed in paragraph (1) of this subsection shall expire on November 5, 2009. Notwithstanding subsections (a) through (d) and subsection (e)of this section, the Mayor shall dispose of the property located at 35-41 K Street, N.E., designated for tax and assessment purposes as Lot 0838 in Square 0675 (“K Street property”), through a solicitation to be issued no later than October 1, 2013; provided, that if the contingency set forth in paragraph (2)(B) of this subsection is met, the Mayor may dispose of the K Street property through a solicitation to be issued no later than October 1, 2013. Except as provided in paragraph (3) of this subsection, the net proceeds from the disposition by sale, as authorized by subsection (b)(8) of this section, of the K Street property shall be deposited into the Housing Production Trust Fund, established by § 42-2802 (“HPTF”), unless the HPTF has been fully funded pursuant to subparagraph (B) of this paragraph and paragraph (3) of this subsection. If, before the K Street property disposition, the Chief Financial Officer certifies that there is revenue available to fund section 10002(a)(4) of the Revised Revenue Estimate Contingency Priority List Act of 2012, effective September 20, 2012 ( D.C. Law 19-168 ; 59 DCR 8025) (“priority number 4”), the certified available revenue shall be deposited into the HPTF. If, after the K Street property disposition and the deposit of the net proceeds into the HPTF, the Chief Financial Officer certifies that there is revenue available to fund priority number 4, the certified available revenue, less any shortfall of the $18 million provided for in priority number 4 that was not deposited into the HPTF, which shall be deposited into the HPTF, shall be available to fund NoMa in accordance with priority number 4. Notwithstanding subsection (d) of this section, the time period within which the Mayor may dispose of District-owned real property located at the northeast corner of Sixth and E Streets, S.W., known for tax and assessment purposes as Lot 0036 in Square 0494, for the construction of a mixed-use development, which was approved by the Council pursuant to the Fourth/Sixth and E Streets, S.W., Property Disposition Approval Resolution of 2009, effective November 3, 2009 (Res. 18-290; 56 DCR 8799), as extended by the Fourth/Sixth and E Streets, S.W., Property Disposition Extension Approval Resolution of 2011, effective July 12, 2011 (Res. 19-170; 58 DCR 6589), is extended to November 3, 2017. The Mayor shall incorporate into the terms of the disposition of real property disposed of through a negotiated sale pursuant to this section, the right of the District to reacquire the property at the price originally conveyed plus any amounts secured by the property that have been approved by the Mayor, if the property is no longer used for the authorized purpose. For property located within the corporate boundaries of the District, if the District does not exercise its reacquisition option, the owner in fee simple shall be entitled to use the property or sell, convey, or otherwise dispose of the property for use in a manner that is consistent with the designation of the real property on: The Generalized Land Use Maps adopted pursuant to § 1-301.63 ; and The Official Zoning Map of the District of Columbia adopted pursuant to § 6-641.01 . In the case of any real property to be disposed under this section through a request for proposals or competitive sealed proposals, the Mayor shall include economic factors, including revenues, fees, and other payments to the District, as one of the criteria to evaluate the request for proposals or competitive sealed proposals. The Mayor shall take any steps necessary to ensure continuous community input in the disposition of any real property to be disposed of in accordance with this section, which shall include, for property located within the corporate boundaries of the District, providing notice to any affected Advisory Neighborhood Commission of the final terms and conditions for the sale of the property, for review and comment in accordance with § 1-309.10 , prior to the disposition of the property. This section shall not apply to any real property which is acquired under § 42-3171.02 . For real property that the Mayor has determined, after input from affected communities, to be no longer needed by the District of Columbia Public Schools (“DCPS”), the Mayor shall submit to the Council a report on whether the Mayor intends to dispose of the real property to a public charter school under § 38-1802.09 or for use by another agency of the District government. The report shall be submitted to the Council by the Mayor within 90 days of the determination that the real property is no longer needed by the DCPS. If the report is not submitted by the Mayor to the Council within the 90-day period, the Mayor shall dispose of the real property in accordance with the provisions of this subchapter and shall transmit to the Council the resolutions required by subsection (a)(2) of this section within 180 days of the Mayor’s determination. Notwithstanding any other provision of law, or any rule of law, the Board is authorized to sell and convey the property located at 13th and K Streets, N.W., Lot 808, Square 285, commonly referred to as the Franklin School (“Franklin”) to the H Street Community Development Corporation (“H Street”), and to enter into and execute all agreements necessary to consummate this sale, provided that the Board and H Street have entered into a contract specifying that H Street shall resell and reconvey Franklin to the District of Columbia, for the use of the Board, for an amount equal to the price for which H Street purchased Franklin, once renovations have been completed and all of the Board’s outstanding debts to H Street related to the renovation of Franklin have been discharged. The Board is further authorized and directed to enter into and execute all agreements necessary to consummate the repurchase of Franklin within 90 days of the completion of the renovations and the discharge of the Board’s debts for said renovation. The Board is authorized to expend an amount not to exceed $4 million for the renovation of Rabaut and 2 other schools for District of Columbia Public Schools administrative offices, excluding Franklin; provided, however, that if these renovation costs are likely to exceed $4 million, the Board must come back to the Council for approval of additional expenditures of appropriated operating funds for these purposes. All District fees and taxes associated with the Board’s sale and repurchase of Franklin, and H Street’s ownership and renovation of Franklin, shall be waived. The contractor hired by the Board shall provide an opportunity for students from the District of Columbia Public Schools to participate in vocational training programs with employment opportunities with this renovation project. The Board shall not expend any appropriated funds to pay for restoration costs but shall use funds to renovate the building to meet minimum occupancy requirements. The provisions of this subchapter shall not apply to real property acquired by the District or an instrumentality of the District (or a subsidiary thereof) under § 47-1353(a)(3) . For the purposes of this section, the term: “Area median income” means: For a household of 4 persons, the area median income in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development; For a household of 3 persons, 90% of the area median income for a household of 4 persons; For a household of 2 persons, 80% of the area median income for a household of 4 persons; For a household of one person, 70% of the area median income for a household of 4 persons; and For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a household of 4 persons for each household member exceeding 4 persons. “Housing costs” means: In the case of rental units, rent and utilities. In the case of ownership units, mortgage payments, including principal, interest, and property insurance, taxes, homeowner association, condominium, or cooperative fees, and utilities. “Low-income household” means a household consisting of one or more persons with a total household income that is more than 30% and less than or equal to 50% of the area median income. “Moderate-income household” means a household consisting of one or more persons with total household income more than 50% and less than or equal to 80% of the area median income. “Very low-income household” means a household consisting of one or more persons with total household income less than or equal to 30% of the area median income. The net proceeds from the disposition of the McMillan Sand Filtration Site approved by the McMillan Residential Townhomes Parcel Disposition Approval Resolution of 2014, effective December 2, 2014 (Res. 20-705; 62 DCR 1091), the McMillan Residential Multifamily Parcels Disposition Approval Resolution of 2014, effective December 2, 2014 (Res. 20-706; 62 DCR 1094), and the McMillan Commercial Parcel Disposition Approval Resolution of 2014, effective December 2, 2014 (Res. 20-707; 62 DCR 1097), shall not be deposited into the unrestricted fund balance of the General Fund of the District of Columbia but instead shall be deposited into the capital fund account associated with the McMillan Site Redevelopment, EB0-AMS11C.
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