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ORDINANCE
AN
ORDINANCE TO AMEND THE MARSHALL ELECTRIC POWER AND LIGHT DISTRICT TO ADD
ADDITIONAL INFRASTRUCTURE IMPROVEMENTS AS A FUNCTION OF THE DISTRICT
WHEREAS, the Fauquier County Board of Supervisors has
determined that it is appropriate and in the best interests of the
public to consider an amendment to the Marshall Electric Power and Light
District in order to permit more flexibility in the use of the funds
available within the District’s account; and
WHEREAS,
the Fauquier County Board of Supervisors has conducted a public hearing
on the proposed amendment; and
WHEREAS,
following the public hearing, the Board of Supervisors has determined
that the expansion of permissible expenditures and use of funds will
promote the Marshall District’s commercial areas and Main Street and is
in the best interests of the District and the County; now, therefore, be
it
ORDAINED,
this 14th day of February 2008, by the Fauquier County Board
of Supervisors, That the Fauquier County Code be, and is hereby, amended
as follows:
Sec 8-52.
Creation, Purpose and Description of Marshall Electric
Power and
Light
and Business ImprovementService
District.
(a) The Marshall Electric
Power and
Light
and
Service
Business
Improvement District
be,
and
is hereby,
established. The district shall be contained within the boundaries as
set forth on the GIS map dated March 11, 2002, and entitled “A Map
Showing the Boundaries of the Marshall Electric Power and Light Service
District.”
(the
“District”). The
Ddistrict
shall contain all those parcels as identified as the GIS list of parcels
located in the Marshall Electric Power and Light Service District and
any successor parcels thereto, a copy of which is incorporated herein
and made a part hereof. No parcels or areas within the boundaries of
the
Ddistrict
are excluded.
(b) The purpose
of the district is
(i)
to
providedesign,
construct, repair, maintain, operate and
maintainreplace
streetlights,
together with the electricity therefor
and electricity to the residents of the district,
and (ii) to provide for the design, construction, repair, maintenance,
operation and replacement of infrastructure improvements, including,
without
limitation, sidewalks, crosswalks, curbs, gutters, culverts, storm water
drainage
pipes and ponds, street trees, street benches and similar pedestrian and
bicycle
amenities, signage, and electrical
and
telecommunications
conduit, transformers and service vaults (collectively, the
“Facilities and
Services”), and (iii) to promote the District,
Marshall
generally, and the businesses located therein..
Facilities
within the district include electric power poles and lines and
streetlights. The services proposed within the district are provision,
operation and maintenance of electric power above and underground lines
and streetlights.
(c) The proposed
plan for providing the
Facilities and
Services
electric lines and
streetlight facilities and services within the
dDistrict
is that the county
is to enter into separate
contracts with appropriate entities, including contractors and utilities
using funds from any tax levied on the properties within the District,
together
with any
supplements thereto from other public or private sources, including loans
and grants.will
contract with Dominion Virginia Power to provide the facilities and
services. Payments for the contractual services will be funded by a tax
on the residents of the service district.
(d) The benefits
that
which
can be expected from the provision of the
fFacilities
and
Sservices
is (i) the
promotion of greater investiment in and (ii) the general improvement of
the business, economic, residential and public safety climate of the
District and
specifically
the Main
Street area of Marshall.are
streetlights and above and underground electric power lines.
Sec. 8-53.
Marshall Electric
Power and
Light
and Business
Improvement
Service
District – Levy.
The board
of supervisors may annually levy a tax on the assessed value of all real
property within the Marshall Electric
Power and
Light
and Business
ImprovementService
District, which tax shall be extended and collected in the same manner
as real property taxes.
Sec. 8-54.
Use of Levy.
The
county treasurer shall keep all amounts realized from any levy made
pursuant to Section 8-53 in a fund separate from all other monies of the
county and all funds raised by this levy shall be applied and used for
no other purpose than those set forth in Section 8-52 of this chapter.
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