An Ordinance to Create a Special Taxing District to Provide for the Upgrading and Maintenance of Streets in Bethel Academy
WHEREAS, The private streets in Bethel Academy are currently not paved or maintained to Virginia Department of Transportation standards and the residents of the subdivision desire that the streets be improved and placed into the state system; and
WHEREAS, the residents of Bethel Academy have submitted a petition to the County to provide for the creation of a Special Service District in accordance with the provisions of Virginia Code Section 15.2-2400 et seq. of the Code of Virginia to provide for the funding for the cost of the improvements hereinafter described; and
WHEREAS, the Board of Supervisors intends to enter into a contract to provide for the improvement of the currently paved streets within Bethel Academy Subdivision in order to place the streets with the Virginia Department of Transportation for maintenance; 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 11th day of October, 2007, That:
Chapter 8, ARTICLE XV of the County Code entitled “Special Service Districts” be amended to add the following provisions:
Sec. 8-56. Creation, Purpose and Description of Bethel Academy Street Improvement Special Service District.
(a) The Bethel Academy Street Improvement Special Service District is hereby established. The district shall be contained within the boundaries shown on the GIS Map dated October 3, 2007 entitled Bethel Academy Special Taxing District. The district is further described as Bethel Academy Subdivision in the County Land Records, plus that certain parcel of land of approximately 10 acres currently described as PIN # 6986-23-5961, and less and except those lots which have frontage on Airlie Road or Blantyre Road and have no driveway access onto the private streets which are the subject of this district. The district includes those property tax map identification numbers set forth herein at Section 8-61. The property tax identification numbers may be revised administratively by the Commissioner of Revenue from time to time.
(b) The purpose of the district is to provide, improve, upgrade, operate and maintain the currently paved private streets within Bethel Academy Subdivision in order to place the streets in the state system for maintenance. Facilities within the district include the lots within the district and the private streets, drainage ways, drainage ditches and all other structures and facilities within the rights-of way and appurtenant to the private streets.
(c) The proposed plan for providing the improvements and service within the County is for the County to engage a contractor to improve the currently paved streets to the standards required by the Virginia Department of Transportation and take necessary actions to place the streets within the state system of secondary roads for maintenance. The district shall expire on January 31, 2017 unless extended by the Board of Supervisors prior to the expiration date.
(d) The benefits which can be expected from the provision of the facilities and services provided by the district are publicly owned and maintained streets within the subdivision.
(Ord. No. ___)
Sec. 8-57. Bethel Academy Street Service District—Levy.
The Board of Supervisors shall annually levy a tax on each lot within the district sufficient to pay all costs associated with the plan set forth in Section 8-56 during the duration of the district, which shall be due and payable on June 5 of each year, and shall be collected in the same manner as real property taxes.
(Ord. No. ___)
Sec. 8-58. Same—Use of Levy.
The County Treasurer shall keep all amounts realized from any levy made pursuant to Section 8-57 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 8-56 of this Chapter.
(Ord. No. ___)
Sec. 8-60. Interest and Penalty
To all taxes due under this Section that become past due there shall be added and collected, as a part thereof, a penalty of ten (10) percent of the tax past due. In addition to such penalty, interest of ten (10) percent per annum shall be due on such taxes, commencing not earlier than the first day following the day such taxes are due, until paid. For the second and subsequent years of delinquency, interest shall be imposed at a rate of ten (10) percent per annum or the interest rate established pursuant to section 6621 of the Internal Revenue Code of 1954, as amended, whichever rate is greater.
Sec. 8-61. Tax Map Parcel Identification Numbers
(Ord. No. ___)