2010-28 ORDINANCE NO. 2010-28
AN ORDINANCE GRANTING A CHARITABLE REAL ESTATE TAX EXEMPTION
TO THE BRAIN FOUNDATION, FOR CERTAIN REAL PROPERTY LOCATED AT
10452 ARMSTRONG STREET, FAIRFAX, VIRGINIA AND MORE
PARTICULARLY DESCRIBED AS TAX MAP PARCEL 57- 4- ((17)) -002
WHEREAS, 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
designation, real and /or personal property owned by qualifying organizations; and
WHEREAS, in order to grant any such exemption by designation, both the organization
seeking the exemption, together with City staff and the City Council of the City of Fairfax,
Virginia, must comply with the requirements set forth in Chapter 90, Article XII of the Code
of the City of Fairfax, Virginia; and
WHEREAS, a request for exemption by designation was received by the City from The Brain
Foundation; an organization owning property located within the City of Fairfax, Virginia and
such application has been reviewed, and a recommendation provided by the City's property
tax exemption committee, pursuant to Section 90- 442(b) of the Code of the City of Fairfax,
Virginia; and
WHEREAS, the City Council of the City of Fairfax, Virginia, has (i) conducted a required
public hearing, which public hearing was noticed as required by Section 90- 442(b) of 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.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that pursuant to Section 90 -442 of the Code of 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 10452 Armstrong Street; and
BE IT FURTHER ORDAINED that the specific use upon which the exemption is based is
as follows: benevolent use; and
BE IT FURTHER ORDAINED, that the continuation of the exemption granted hereby shall
be, and is, expressly contingent upon the continued use of the referenced property in
accordance with the above stated specific purpose; and
BE IT FURTHER ORDAINED, that the exemption granted hereby shall be effective as of
February 12, 2010, and shall continue until revoked by the City Council in accordance with
Section 90 -446 of the Code of the City of Fairfax, Virginia, and, further, that The Brain
Foundation shall comply with all other requirements of federal, state and local law insofar as
it pertains to the exemption granted hereby.
This ordinance shall become effective as provided by law.
INTRODUCED: November 30, 2010
PUBLIC HEARING: December 14, 2010
ENACTED: December 14, 2010
• L L k �.
Mayor
ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
Votes
Councilwoman Cross Aye
Councilman Drummond Aye
Councilman Greenfield Nay
Councilman Meyer Aye
Councilman Schmidt Aye
Councilman Stombres Absent