(a) Establishment; Boundaries.
(1) There is hereby established the Broad Run Farms Sewer Service District, which shall be referred to in this section as “the District.” The District includes those properties in the subdivision known as Broad Run Farms, shown on tax maps 63A, 63B1, 63B2 and 63B3, less and except parcels 63A1-1-32, 63B2-1-7, 63B3-1-20, 63B3-1-22G and 63B3-1-20A1. A list of the properties included within the District is attached as Appendix I to original Ordinance 93-11, passed September 1, 1993, and is incorporated herein by reference. A map of the District is attached as Appendix II to original Ordinance 93-11, passed September 1, 1993, and incorporated herein by reference. Tax map and parcel numbers as used in this section refer to those property identifiers assigned by the local assessing officer as of the date of this section.
(2) The District is bounded on the north by the Potomac River; on the west by Broad Run; and on the south by Virginia Route 7. To the east the District is bounded by the properties identified as tax map parcels 63-19 and 63-15 and property shown on tax map 64A5.
(Ord. 93-11. Passed 9-1-93.)
(b) Establishment as Service District; Powers of Board of Supervisors; Levy and Collection of Special Taxes. The District is established as a service district pursuant to Section 15.1-18.3, now Section 15.2-2400, of the Code of Virginia of 1950, as amended. The Board of Supervisors may exercise the powers set forth in Section 15.2-2403 of the Code of Virginia of 1950, as amended, for the purposes set forth in this section. Annually, the Board of Supervisors may set the rate for any special tax to be levied on property within the District in conformance with the procedures for setting other County property taxes. The Treasurer shall collect any special taxes levied within the District in the same manner as he or she collects other County property taxes. All taxes levied and collected pursuant to this section are pledged to finance the costs of the proposed facilities and services set forth in subsection (d) hereof.
(Ord. 98-01. Passed 3-18-98.)
(c) Designation as Development Project Area; Tax Increment Financing.
(1) The District is also designated as a development project area pursuant to Title 58.1, Chapter 32, Article 4, of the Code of Virginia of 1950, as amended, for the purpose of authorizing tax increment financing within the District for the cost of the proposed facilities and services set forth in subsection (d) hereof. Real estate taxes in the District shall be assessed, collected and allocated in the following manner for so long as any obligations secured by the Broad Run Farms Tax Increment Financing Fund, which is hereby established and described herein, are outstanding and unpaid:
A. The local assessing officer shall record in the land book both the base assessed value and the current assessed value of the real estate in the District.
B. Real estate taxes attributable to the lower of the current assessed value or base assessed value of the real estate located in the District shall be allocated by the Treasurer or the Director of Finance pursuant to Title 58.1, Chapter 32, of the Code of Virginia of 1950, as amended.
C. Real estate taxes attributable to the increased value between the current assessed value of any parcel of real estate and the base assessed value of such real estate shall be allocated by the Treasurer or the Director of Finance and paid into a special fund entitled the “Broad Run Farms Tax Increment Financing Fund” to pay the principal and interest on obligations undertaken by the County to finance the costs of the proposed facilities and services set forth in subsection (d) hereof.
(2) Funds in the Broad Run Farms Tax Increment Financing Fund are pledged to any obligations undertaken by the County to finance the costs of the proposed facilities and services set forth in subsection (d) hereof, to the extent not qualifying as surplus funds in accordance with Section 58.1-3245.4 of the Code of Virginia of 1950, as amended.
(3) Terms used in this section shall have the definitions ascribed to them in Section 58.1-3245 of the Code of Virginia of 1950, as amended.
(d) Purpose; Proposed Facilities and Services. The purpose of the District is to finance the installation of sewer collector lines within the District and to make available public sewage treatment to serve properties within the District.
(e) Construction of Facilities and Services. The sewer collector lines are proposed to be constructed by or under the management of the Loudoun County Sanitation Authority and connected to the existing sewer line, known as the Potomac Interceptor, which traverses the District. The costs of construction and all or a portion of sewer availability charges may be financed by a loan through the Virginia State Water Control Board or the Virginia Resources Authority or by another method of financing authorized by the Board of Supervisors in accordance with State law.
(f) Benefits. The Virginia Department of Health has declared the property within the Broad Run Farms Subdivision encompassed by the District to be a major health hazard due to the prevalence of failing private sewage treatment systems on individual properties. The provision of a sewage collection system and the availability of public sewage treatment for the community will protect the health and safety of the residents and conserve property values within the District.
(g) References to State Law. All references to the Code of Virginia in this section include those provisions as they exist on the date of the adoption of this section, and as they may be subsequently amended or recodified.
(Ord. 93-11. Passed 9-1-93.)