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Council Approval of Exclusive Agreements Act of 1999

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Councilmember David A. Catania

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember David A. Catania introduced the following bill, which was referred to the Committee on _____.

To amend the District of Columbia Redevelopment Act of 1945 to require that the Redevelopment Land Agency submit an exclusive right agreement to the Mayor; to permit the Mayor to condition the agreement or negotiate a new agreement; to require the Mayor to submit to the Council a resolution of approval of the exclusive right agreement for a 30-day review period for approval or disapproval.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Council Approval of Exclusive Right Agreements Act of 1999"

Sec 2. Section 7 of the District of Columbia Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 790; D.C. Code §5-806), is amended by adding a new subsection (c-1) to read as follows:

"(c-l)(l) An exclusive right agreement issued by the Agency shall not take effect until the requirements of this subsection are met.

"(2)(A) Within 30 days following the issuance of an exclusive right agreement, the Agency shall transmit a copy of the exclusive right agreement to the Mayor. The transmission shall be accompanied by a summary description of the proposed project, a list of the public purpose benefits to be derived from the proposed project, and a written justification of the recommendation of the Agency.

"(B) If the Mayor determines that the exclusive right agreement is consistent with the requirements of this subsection, the Mayor may transmit to the Council a proposed resolution to approve the exclusive right agreement. Alternatively, prior to the submission of the resolution to the Council the Mayor may condition the exclusive right agreement transmitted from the Agency, or negotiate his or her own exclusive right agreement, subject to paragraphs (3) and (4) of this subsection.

"(3) For each individual project for which an exclusive right agreement is required, the Mayor shall submit to the Council a resolution of approval of the exclusive right agreement accompanied by a summary description of the proposed project, a listing of the public purpose benefits to be derived from the proposed project. and a written justification of the proposed exclusive right agreement by the Agency and/or Mayor for a 30-day period of Council review, excluding Saturdays, Sundays, legal holidays, and days of Council recess.

"(4) Following a public hearing or roundtable, the Council may approve or disapprove a proposed exclusive right agreement by resolution within 30 days, excluding Saturdays, Sundays, legal holidays, and days of council recess, after the Mayor transmits to the Council the information set forth in paragraph (3) of this subsection. Failure of the Council to take action on a resolution within the 30-day review period shall be deemed to be Council approval of thc exclusive right agreement.

"(5) The Council shall transmit to the Mayor notice of expiration of the review period under paragraphs (3) and (4) of this subsection."

Sec. 3. Fiscal impact statement.

This act shall have no fiscal impact.

Sec. 4. Applicability date.

This act shall apply as of December 7, 1999.

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 831; D.C. Code §1-233(c)(I), and publication in the District of Columbia Register.

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