2009-17
ORDIN.ANCE NO. 2009-17
.AN ORDIN.ANCE GR.ANTING.A CH.ARIT.ABLE RE.AL EST.ATE T.AX
EXEl"IPTION TO THE BR.AIN FOUND.ATION. FOR CERT.AIN RE.AL PROPERTY
LOC.ATED.AT 10403 L.AYTON H.ALL DRIVE .AND 3942 VVILCOXSON DRIVE
VVHERE.AS. pursuant to Chapter 90. .Article XII of the Code of the City of Fairfax,
Virginia", the City Council of the City of Fairfax,. Virginia,. is authorized to exempt from
taxation,. by desig:r:tatioo,. real and/or personal property ovv-ned by qualifying organizations;
and
"V\1HE:REAS, in order to gran..t any such exemption by designation,. both the
organization seeking the exemption, together vvith City staff and the City Council of the City
of Fairfax, Virginia,. must comply v..rith the requirements set forth in Chapter 90" Article XII
of the Code of the City of Fairfax,. Virginia; and
"VVHEREAS,. a request for exemption by designation "'-'"as received by the City from
The Brain Foundation; an organization o'\N"ning property located vvithin the City of Fairfax"
Virginia and such application has been revievv-ed" and a recommendation provided by the
City"s property tax exemption committee" pursuant to Section 90-442(b) of the Code or the
City of Fairfax, Virginia; and
VVHERE.AS, the City Council of the City of Fairfax. Virginia, has (i) conducted a
required public hearing" vv-hich public hearing "VIVas noticed as required by Section 90-442(b)
or the Code of the City of Fairfax" Virginia" and (ii) has considered each of the stated criteria
in Section 90-443 of the Code of the City of Fairfax" Virginia.
NOVV. THEREFORE. BE IT ORDAINED. by the City Council of the City oT
Fairfax" Virginia" that pursuant to Section 90-442 of the Code or the City of Fairfax"
Virginia" a charitable real estate tax exemption by designation is hereby granted to The Brain
Foundation" specifically for certain real property located at 10403 Layton Hall Drive and
3942 ~ilcoxson Drive; and
BE IT FURTHER ORD.AINEI>. that the specific use upon vvhich the exemption is
based is as follo"VIVs: benevolent use; and
BE IT FURTHER ORD.AINED. that the continuation of the exemption granted
hereby shall be" and is" expressly contingent upon the continued use of the referenced
property in accordance V\Tith the above stated specific purpose; and
BE IT FURTHER ORD.AINED. that the exemption granted hereby shall be
effective as of January 1" 2009" and shall contin.ue until revoked by the City Council in
accordance vv-ith Section 90-446 of the Code of the City of Fairfax" Virginia" and" further"
that The Brain Foundation shall comply V\Tith all other requirements of federal" state and local
la"VIV insofar as it pertains to the exemption granted hereby.
This ordinance shall become effective as provided by laV\T.
l~TRODUCED: June 9. 2009
PUBLIC HEAR-ING: June 23,2009
E~.ACTED: June 23.2009
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:M.ayor
:7 "ij",.....0 9'
"" , Date
ATTEST:
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City Clerk
Votes
Councilwoman Cross
Councilman Drummond
Councilman Greenfield
Councilman Meyer
Councilman Rasmussen
Councilman Stombres
Aye
Aye
Absent
Aye
Aye
Aye