20050412 2005-06ORDINANCE NO. 2005-06
AN ORDINANCE AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, BY ADDING THERETO A NEW ARTICLE X, ENTITLED
FAIRFAX BOULEVARD BUSINESS IMPROVEMENT DISTRICT
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Chapter
90 of the Code of the City of Fairfax, is amended by adding thereto a new Article X to
provide in its entirety as follows:
ARTICLE X - FAIRFAX BOULEVARD BUSINESS IMPROVEMENT DISTRICT
Sec. 90-427. Fairfax Boulevard Business Improvement District.
The Fairfax Boulevard Business Improvement District ("Fairfax Boulevard BID") is
hereby created for the purposes set forth in Section 90-430 hereof. The boundaries of the
Fairfax Boulevard Business District shall be as described on the Fairfax Boulevard BID map
attached hereto.
Sec 90-428. Additional tax imposed.
To provide for additional governmental services within the Fairfax Boulevard BID, there
is hereby levied a tax of six cents ($0.06) for every one hundred dollars ($100.00) of assessed
value of real property and improvements located in the Fairfax Boulevard B ID as defined by
Section 90-429. Valuation and assessment of real property, timing with respect to valuation,
assessment and payment, penalties and interest on delinquencies, assessment of new construction,
and all other procedures for and details of administration and collection of the tax imposed by this
Article shall be the same as provided for by the Code of the City of Fairfax, Virginia for
collection of real estate taxes generally.
Sec. 90-429. Purposes of tax, and facilities and services proposed.
(a) Taxes collected pursuant to this Article shall be levied for and used to provide additional
governmental services not being offered uniformly throughout the entire City, including but not
limited to, economic and business development; promotional activities intended to foster business
retention; business recruitment and developer recruitment; physical improvements to public
facilities within the Fairfax Boulevard BID; and planning for the acquisition and development of
public and private spaces needed throughout the BID.
(b) Taxes collected pursuant to this Article shall be segregated to enable them to be expended
only for improvements in the Fairfax Boulevard BID.
Sec. 90-430. Proposed plan for providing facilities and services.
Facility improvements anticipated for the Fairfax Boulevard BID include, but are not
limited to, "streetscape" improvements, development of architectural standards for the BID,
development of ordinances and regulations required for the BID, development of a Master Plan,
BID marketing, business "renaissance" loan subsidies for owner-initiated site improvements, and
other activities that benefit the Fairfax Boulevard BID. Facility improvements will occur
throughout the entire Fairfax Boulevard BID in the five separately identified nodes.
Sec. 90-431. Anticipated benefits.
Anticipated benefits arising from proposed facilities and services within the Fairfax
Boulevard BID include, but are not limited to, expanded business activity through the
establishment of new businesses, increased development activity, increased business customer
"traffic," improved aesthetics and service throughout the Fairfax Boulevard BID, increased
marketability of the Fairfax Boulevard BID, and an improved pedestrian environment.
Sec. 90-432. Miscellaneous.
(a) Within the Fairfax Boulevard BID, the City shall have all those powers and duties with
respect to service districts as permissible by law, including but not limited to, the power to
contract with any person, firm or corporation to provide additional governmental services in the
Fairfax Boulevard BID.
(b) The Fairfax Boulevard BID shall expire on June 30, 2010 and shall require Council
reauthorization with the exception that all delinquent taxes owed to the City as a result of said
Fairfax Boulevard BID shall continue to be due to, and collectible by the City and that all
applicable penalties and interest shall apply.
(c) No fewer than one hundred and eighty (180) days prior to the expiration of the Fairfax
Boulevard BID, the City Council of the City of Fairfax shall initiate a review of the Fairfax
Boulevard BID. Based on the findings of said review, the City shall decide whether to continue
this Fairfax Boulevard BID.
(d) Taxes levied as a result of the levy defined in Section 90-428 shall be due and payable to
the City of Fairfax, Virginia on July 15, 2005. Taxes levied thereafter under Section 90-428 shall
be due and payable on June 5 and December 5 of each calendar year.
(e) The Fairfax Boulevard BID shall have a Board of Directors comprised of 19 members.
The City Council shall appoint the Chairman and initial members of the Board of Directors.
Subsequently, the Chairman and Board of Directors shall be selected as provided by the BID by-
laws.
This ordinance shall be effective upon execution by the Mayor.
INTRODUCED: March 22, 2005
PUBLIC HEARING: April 12, 2005
ENACTED:
April 12, 2005
ATTEST:
C]~ (~ler'k --'
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyons
Councilman Rasmussen
Councilman Silverthome
Councilmember Winter
VOTE
aye
aye
aye
aye
aye
aye