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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