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