Chapter 3.60
DOWNTOWN SERVICE DISTRICT

Sections:

3.60.010    Downtown service district created.

3.60.020    Additional tax imposed.

3.60.030    Downtown service district defined.

3.60.040    Purposes of tax and facilities and services proposed.

3.60.050    Proposed plan for providing facilities and services.

3.60.060    Benefits which can be expected.

3.60.070    Other powers and duties.

3.60.010 Downtown service district created.

Pursuant to the provisions of Section 15.2-2400 et seq. of the Code of Virginia (1950), as amended, a downtown service district is hereby designated and created for the purposes set forth in SCC 3.60.040, to be named the downtown service district. (Ord. 2005-05. Code 1985, § 12-217; Ord. 2-24-00).

3.60.020 Additional tax imposed.

To provide for additional governmental services not being offered uniformly throughout the city, there shall be annually set a tax rate and annually levied and collected such additional tax for and upon every $100.00 of assessed value of real property and improvements located in the downtown service district, with boundaries as defined by SCC 3.60.030. Valuation and assessment of real property, timing with respect to valuation, assessment and payment, penalties and interest on delinquencies, assessment of new construction, and all other procedures for and details of administration and collection of the tax imposed by this chapter shall be the same as provided for by the Staunton City Code for real estate taxes generally. (Ord. 2005-05. Code 1985, § 12-218).

3.60.030 Downtown service district defined.

(1) The boundaries of the downtown service district shall be defined to include all properties fronting upon and the area included within the following boundaries:

BEGINNING AT THE SOUTHEASTERN CORNER OF THE INTERSECTION OF Churchville Avenue and North Lewis Street, proceeding along the eastern side of North Lewis Street to the northeast corner of the intersection of North Lewis Street and Frederick Street, then crossing North Lewis street to the northwest corner of the said intersection, then proceeding across Frederick Street to the southwest corner of the said intersection, then proceeding south along the western side of Lewis Street to the northwest corner of the intersection of South Lewis Street and Middlebrook Avenue, then proceeding directly across Middlebrook Avenue to the south side of Middlebrook Avenue, then proceeding along the south side of Middlebrook Avenue to the southeast corner of the intersection of Middlebrook Avenue and South Augusta Street, then proceeding south to the northern side of the railroad concourse, then proceeding east along the northern side of the concourse to the southeastern corner of the southern termination point of South New Street, then proceeding north along the eastern side of South New Street to the southeastern corner of the intersection of South New Street and Mill Street, then proceeding along the south side of Mill Street to the southeastern corner of the intersection of Mill Street and Greenville Avenue, then proceeding along the south side of Greenville Avenue to the point where Greenville Avenue merges with South Coalter Street, then proceeding north across Greenville Avenue and continuing north along the west side of South Coalter Street to the northwestern corner of the intersection of South Coalter Street and State Street, then proceeding along the north side of State Street to the northwestern corner of the intersection of South Coalter Street and State Street, thence proceeding along the north side of State Street to the northwestern corner of the intersection of State Street and Greenville Avenue, then proceeding along the northern side of Greenville Avenue to the southeastern corner of the intersection of Greenville Avenue and Kalorama Street, then proceeding east along the south side of Kalorama Street to the southeastern corner of the intersection of Kalorama Street and Market Street, then proceeding north along the eastern side of Market Street to the southeastern corner of the intersection of Market Street and Frederick Street, then proceeding west along the south side of Frederick Street to the southwestern corner of the intersection of Frederick Street and North New Street, then crossing Frederick Street to the northwestern corner of the intersection of North New Street and Frederick Street, then proceeding west along the north side of Frederick Street to the northeastern corner of the intersection of Frederick Street and North Augusta Street, then proceeding north along the eastern side of North Augusta Street to the southeastern corner of the intersection of North Augusta Street and North New Street, then crossing North Augusta Street to the southwestern corner of the intersection of North Augusta Street and Churchville Avenue, then proceeding along the south side of Churchville Avenue to the point of beginning.

(2) References to street names set out in subsection (1) of this section are based upon and fully shown on a map, dated October 17, 1994, entitled “Downtown Service District, Staunton, Virginia,” a copy of which is on file and available for public inspection in the Office of the Clerk of Council, City Hall, 116 West Beverley Street, Staunton, Virginia.

(3) Public utility facilities in or above the public right-of-way, such as poles, lights, wires, cable, conduit, and piping, shall not be included within the downtown service district or subject to the tax imposed by this chapter.

(4) All parcels of land that are bisected by the downtown service district boundaries, as set out in subsection (1) of this section, are to be considered wholly included within the boundaries of said district.

(5) All real property located within the downtown service district as set out in subsection (1) of this section, used exclusively as a single-family detached residence, and such other real property otherwise exempt from the payment of real estate taxes, shall not be subject to the tax imposed by this chapter. (Code 1985, § 12-219).

3.60.040 Purposes of tax and facilities and services proposed.

(1) Taxes collected pursuant to this chapter shall be levied for and used to provide additional governmental services not being offered uniformly throughout the entire city, including, but not limited to, economic and business development and promotional activities intended to foster business retention; business recruitment and developer recruitment; physical improvements to public facilities which are unique to the downtown; planning for the development and acquisition of public spaces needed for downtown; and those public improvements enumerated in Section 15.1-18.2(C) of the Code of Virginia (1950), as amended.

(2) Taxes collected pursuant to this chapter shall be segregated so as to enable the same to be expended only in the downtown service district in which raised. (Code 1985, § 12-220).

3.60.050 Proposed plan for providing facilities and services.

Provision of the specific facilities and services proposed by this chapter shall, upon the city manager’s approval and execution of a contract on behalf of the city, as appropriate, be by action of the Staunton Downtown Development Association, Inc., working in four primary areas: design, promotion, economic development, and organization, with respect to physical improvements, promotion and advertising, recruitment, support services, compilation of market data, and similar initiatives for the benefit of the downtown service district and its businesses and to continue and sustain revitalization of the downtown service district. Such contract shall include, among other requirements as determined by the city manager, a description of the specific services and products, as well as of the construction, establishment, maintenance and operation of any specific necessary and desirable facilities and equipment to be provided by the Staunton Development Association, Inc., which is hereby granted the power and responsibilities with respect to the downtown service district according to law. In addition, the contract shall include specific standards or measures for accountability in order for the city manager and council to quantitatively evaluate the effectiveness and efficiency of the work of the Staunton Downtown Development Association, Inc. As a contractual condition of funding, the board of directors and governance otherwise of the Staunton Downtown Development Association, Inc., shall reflect a significant representation of and orientation to owners of properties and to owners and operators of businesses in the downtown service district. (Ord. 2005-05. Code 1985, § 12-221).

3.60.060 Benefits which can be expected.

Increased market traffic downtown, the recruitment of new businesses and the expansion of existing businesses, increased profitability of district businesses, increased market awareness, increased property values, and increased community allegiance to the downtown district can be expected by the provision of the facilities and services proposed by this chapter. (Code 1985, § 12-222).

3.60.070 Other powers and duties.

The city shall have all those powers and duties with respect to a downtown service district as set forth in Section 15.2-2403 of the Code of Virginia (1950), as amended, including the power to contract with any person, firm, or corporation to provide additional governmental services in such district.

(1) The tax program authorized by this chapter on downtown revitalization and development shall expire on June 30, 2010, with the exception that all delinquent taxes owed to the city as a result of said tax program shall continue to be due to, and collectable by, the city and that all applicable penalties and interest shall apply.

(2) The ordinance codified in this chapter shall be in full force and effect on and after July 1, 2005.

(3) One hundred eighty days prior to the expiration of the tax program authorized by this chapter, with said date being January 1, 2010, city council shall initiate a review of the downtown service district created by this chapter, and based upon the findings of said review, decide whether to continue this tax program. If council elects to continue the program, then council shall establish the appropriate rate of taxation as herein provided. (Ord. 2005-05. Code 1985, § 12-223; Ord. 12-8-94; Ord. 2-24-00).