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2020-05ORDINANCE NO.2020-05 AN ORDINANCE AMENDING CHAPTER 90 (TAXATION), ARTICLE X (OLD TOWN SERVICE DISTRICT TAX) OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO THE EXTENSION OF THE EXPIRATION DATE AND AMENDMENTS TO THE SCOPE OF THE OLD TOWN SERVICE DISTRICT BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 90, Article X of the Code of the City of Fairfax, Virginia, be and the same is amended as follows: "CHAPTER 90 - TAXATION ARTICLE X. - OLD TOWN SERVICE DISTRICT TAX Sec. 90421. - Old Town Service District cC-reated. Purguant to the authority granted_byTitle 15.2 Chanter 24 of the Code Qf Virginia, a service district is herebycreated IQ he known a The "Old Town Service District." a puroose(sl of this district shall be as set forth in section 90-424. The boundaries of this district shall be as described on the Old Town Service District map promulgated from _time to time by the city, as the same -may -be amended. The current operative version of the Old Town Service District man is dated March b. 2020_and all properties there n shown as being part of the Old Town Service District shall he deemed t have been included therein as Qf January1 2020, to the extent suSLpLojLerties were not alread included within the district. Any structures or other improvements, shown_on the map that are on properties includgzd within the boundaries of the Old Town Service District shall he deemed to be included therein unless specifically exempted by the provisions of this article. Sec. 90422. - Additional tax imposed: maximum levy: applicability. To provide for additional and more complete governmental services within the Old Town Service District, effective on January 1, 2000, there is hereby levied a tax in addition to other taxes levied upon owners of real within the Old Town Service District l of $0.125 per $100.00 of assessed valuation of real estate and improvements thereon located in the Old Town Service District t nQ time during the pendgncy Qf the Old Town ervice District shall the annual leyy imposed this sqctiQn exceed the rate set f rth in the preceding sentence. Effective on January 1, 24N2020, the levy imposed in the immediately preceding sentence shall be reduced to $0-06$0.00 per $100.00. Valuation and assessments of real property and improvements, 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 city code and other applicable law Eedeof !heE-it3of *, Vir-gi-for collection of real estate taxes generally. In addition to _the foregoing the levy _imposed herein hall Qnly be applicable to real property, andimprovements thereon, located within the QJd Town Service District that: (i) carries a non-residential zoning di trict de i —nation as defined in the ci zoning ordinance but excju ing any residential portions of such property that is not rental apartments; (ii) carries a multi -family residential ning district d i nati n RN_IFI. but only to the extent -such residential multifamily u e c i f rental apartments; or iii cauje5 a planned development zoning district dgignation, but excluding n residential portions of uch r e that is not rental a a ents. Sec. 90423. - Purposes of tax; 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 and promotional activities intended to foster business retention; business recruitment and developer recruitment; physical improvements to public facilities which are unique to the downtown area; and planning for the acquisition and development of public spaces needed for the downtown area. (b) Taxes collected pursuant to this article shall be segregated to enable them to be expended only for improvements and services in the Old Town Service District as_determined by the city and as.gpnerally setf rth in succeedin ec i n of t i article. Sec. 90424. - Proposed plan for providing facilities and services. Facility improvements and service planned for the Old Town Service District include, but are not limited to, the undergrounding of overhead utility lines throughout the Old Town Service District. The initial project phase will underground the utilities in the area bounded by North Street and Sager Avenue and from East Street to West Street. Subsequent phases may result in the undergrounding of additional utilities utility lines in the a Old Town Service District. QjtLel services to be provided for the _Old Town Service District include, but are notlimited to. landscaping, aesthetic improvements (to include lighting), transportation and parking improvements. pedestrian impr vements. and specific economic development programs and actiy ties. Sec. 90425. - Anticipated benefits. Anticipated benefits arising from proposed facilities and services within the Old Town Service District include, but are not limited to, improved aesthetics and service throughout the di t 'c , increased marketability of the Old Town area, expansion of business activity within the district through the establishment of new businesses and the expansion of existing businesses and improved traffic, parking and pedestrian environment. Sec. 90426. - Miscellaneous provisions. (a) Within the Old Town Service District, the city shall have all those powers and duties with respect to service districts as permissible by law, secifically including, but not limited to, those p wers set forth in Section 112-2403 of the Cade of Virginia (b) The Old Town Service District shall expire on June 30, 204_0N with the exception that all delinquent taxes owed to the city durin _ ndenc as a-r� of the Old Town Service District shall continue to be due, and collectible by the city, in the same manner as other real protzerty taxes (c) At least sixmonths prior to the expiration of the Old Town Service District, the city seuneil`shall initiate a review of the Old Town Service District to determine whether or not the Old Town Service District shall continue and if s% whether any ghanggs t the houndarjcgpe and they applicable provisiQns governingh me are IQ he madg, Based upon the findings ef sueh review, the sity shall deeide ;vhAthAr. u; ne"tinu the Old Town SeFyise DiStFi6t. Secs. 90427-90444. - Reserved." This Ordinance shall become effective as provided by law. INTRODUCED: March 10, 2020 PUBLIC HEARING: April 14, 2020 ADOPTED: April 14, 2020 A,x,ma,j Mayor yZ { 3/� Date V-9A)EPW 9()�/mn, RKMO City Clerk VOTE: Councilmember DeMarco Absent Councilmember Lim Aye Councilmember Miller Aye Councilmember Passey Aye Councilmember Stehle Aye Councilmember Yi Aye