ORDINANCE

AN ORDINANCE ESTABLISHING A SERVICE DISTRICT FOR

THE PROVISION OF ELECTRIC POWER AND LIGHTS IN THE UNINCORPORATED TOWN OF MARSHALL

            WHEREAS, the Marshall Community League has contracted with Dominion Virginia Power for the provision of operation and maintenance of street lights in the unincorporated town of Marshall (hereinafter “Marshall”); and

WHEREAS, the Marshall Community League has funded the cost of the operation and maintenance of the street lights in Marshall through bingo and other fundraising efforts; and

WHEREAS, the Marshall Community League is no longer willing or able to support the cost of the maintenance and operation of street lights in Marshall through bingo and other fundraising efforts; and

WHEREAS, the Marshall Townhouse Association has requested that the street lights located within the townhouse development also be included in any service district established herein; and

WHEREAS, the citizens of Marshall wish to establish a service district pursuant to Virginia Code Section 15.2-2400, et seq. for the provision of and funding for the cost of the construction, maintenance and operation of street lights and for the possible undergrounding of electric power lines within the service district as hereinafter described; and

WHEREAS, after due notice the Board of Supervision has held a public hearing to receive citizen comment on the proposed service district; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 18th day of March, 2002, That:

ARTICLE XV entitled “Special Service Districts” and as hereinafter set forth be, and is hereby, added to Chapter 8 of the Code of Fauquier County.

ARTICLE XV SPECIAL SERVICE DISTRICTS

Section 8-52. Creation, Purpose and Description of Marshall Electric Power and Light Service District.

1.      The Marshall Electric Power and Light Service District be and is hereby established.  The district shall be contained within the boundaries as set forth on the attached GIS map dated March 11, 2002, and entitled “A Map Showing the Boundaries of the Marshall Electric Power and Light Service District” which map is incorporated herein and made a part hereof.  The district shall contain all those parcels as identified on the GIS list of parcels located in the Marshall Electric Power and Light Service District and any successor parcels thereto, a copy of which list is incorporated herein and made a part hereof.  No parcels or areas within the boundaries of the district are excluded.

2.      The purpose of the district is to provide, operate and maintain streetlights and electricity to the residents of the district.  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.

3.      The proposed plan for providing the electric lines and street light facilities and services within the district is that the Fauquier County 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.

4.      The benefits which can be expected from the provision of the facilities and services are streetlights and above and underground electric power lines.

Section 8-52.1 Marshall Electric Power and Light 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 Service District, which tax shall be extended and collected in the same manner as real property taxes.

Section 8-52.2. Use of Marshall Electric Power and Light District Levy.

The Fauquier County Treasurer shall keep all amounts realized from any levy made pursuant to Section 8-52.1 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.

Section 8-52.3. Marshall Electric Power and Light Service District Advisory Council.

The Board of Supervisors may create an advisory council made up of residents of the special service district.  The purpose of the advisory council is to make recommendations and advise to the Board of Supervisors on proposed expenditures of funds from the levy, requests for services, and tax rates within the district.