[Adopted 4-28-1993]
A. 
Pursuant to § 15.2-2158 of the Code of Virginia 1950, as amended, a fee is hereby assessed against all parcels of real estate serviced by streetlights provided by Frederick County, which fee shall be in the amount of the actual cost incurred by Frederick County to procure, develop and maintain such service, plus an administrative fee not to exceed 10% of such actual cost as a reserve.
B. 
In the event that the benefits of any such streetlighting inure to the benefit of identifiable neighborhoods or discrete properties in approximately equivalent amounts as determined by the Commissioner, the fee assessable against individual lots or parcels of real estate shall be determined by dividing the total actual cost for such service to such neighborhood or discrete properties, plus the aforementioned administrative percentage reserve, by the number of benefitted properties.
C. 
The fee hereby assessed shall accrue from the date of passage of this article and shall be billed by and payable to the Treasurer at the same time or times as for real estate taxation, as provided in § 155-2 of this Code, and there shall be added to any such fee a penalty of 10% of such fee for all such fees not paid when due as provided in § 155-4, and interest shall be due and payable on all delinquent fees and all penalties thereon from the first day following the day such fees are due at the rate of 10% per annum.
D. 
There shall be a lien against any such property assessed with such fee for any unpaid fee, penalty and interest, which lien shall be on a parity with liens for unpaid local taxes, and this lien shall be administered and enforced in the same manner as provided in Chapter 39 of Title 58.1 of the Code of Virginia.
[Added 12-8-2004]
A. 
Pursuant to § 15.2-2400 et seq. of the Code of Virginia 1950, as amended, a service district is hereby created. The name of this service district shall be the "Oakdale Crossing Streetlight Service District," situate in the Shawnee Magisterial District, and shall be comprised of Oakdale Crossing Subdivision Sections I, II, and III. A more particular description of the boundaries is as follows:
Beginning at the intersection of the southern right-of-way line of Senseny Road and the western right-of-way line of Boundary Avenue; thence with the said western right-of-way line of Boundary Avenue S 12° 09' 27" E 1,319.45 feet, S 11° 57' 02" E 332.77 feet to a point, said point being a corner to Glaize Developments, Inc.; thence with Glaize Developments, Inc., S 12° 23' 29" E 322.13 feet, S 87° 51' 28" W 26.70 feet, S 02° 08' 32" E 105.00 feet to a point, said point being the northwestern corner of Raven Pointe, Section 5, Lot 164; thence with Raven Pointe, Section 5 S 00° 20' 16" W 111.19 feet, S 09° 41' 47" W 115.00 feet, S 19° 26' 27" W 115.00 feet, S 29° 11' 07" W 307.32 feet, S 35° 03' 45" W 385.57 feet, N 86° 54' 30" W 290.00 feet, N 41° 21' 40" W 195.02 feet, S 79° 50' 19" W 120.99 feet to a point in the eastern line of Raven Wing, Section 3, Lot 175; thence first with Raven Wing, Section 3, and finally with Raven Wing, Section 4, N 10° 09' 41" W 767.12 feet, N 89° 26' 02" W 225.38 feet, S 79° 50' 19" W 37.81 feet, N 31° 06' 29" E 65.16 feet, N 28° 10' 30" E 80.00 feet, N 21° 25' 39" E 86.00 feet, N 36° 59' 46" E 165.84 feet, N 10° 09' 40" W 17.02 feet, N 10° 57' 14" W 308.07 feet, N 26° 32' 01" W 19.84 feet, S 26° 47' 58" W 60.00 feet, N 41° 31' 17" W 199.81 feet to a point in the southern line of Fairway Estates, Section 3, Lot 53; thence first with Fairway Estates, Section 3, and finally with Fairway Estates, Section 2, N 67° 04' 25" E 146.88 feet, N 10° 32' 09" W 241.04 feet, N 10° 17' 33" W 526.79 feet to a point, said point being the southwesternmost corner of John H. and Jennifer M. Neumann; thence with Neumann N 74° 24' 49" E 238.37 feet, N 08° 16' 33" E 612.23 feet to a point in the aforementioned southern right-of-way line of Senseny Road; thence with the said southern right-of-way line of Senseny Road S 79° 00' 08" E 138.11 feet, S 74° 40' 49" E 241.83 feet, S 72° 01' 03" E 331.83 feet to the beginning;
Containing 69.97 acres more or less;
Being all the property known as "Oakdale Crossing, Sections I, II, and III."
B. 
The purpose of the Oakdale Crossing Streetlight Service District is to install, maintain, and operate the streetlight infrastructure within the boundaries of said district and to levy and collect an annual assessment upon the properties serviced by streetlights in said district to pay the expenses for providing such service.
C. 
Within the boundaries of the Oakdale Crossing Streetlight Service District, there exist three sections, Oakdale Crossing Sections I, II, and III. Streetlights currently exist in Oakdale Crossing Sections I and III; therefore, the County of Frederick in cooperation with Allegheny Power or its assigns or successors shall maintain and operate said streetlights. With regard to Oakdale Crossing Section II, Frederick County in cooperation with Allegheny Power or its assigns or successors shall install streetlights and maintain and operate the same for the benefit of the residents within the service district.
D. 
The County of Frederick finds creation of the Oakdale Crossing Streetlight Service District to be in the best interest of the health, safety, and welfare of the residents of said district.
[Added 12-8-2004]
A. 
Pursuant to § 15.2-2403 (6) of the Code of Virginia 1950, as amended, a semiannual assessment shall be imposed upon the properties located within the Oakdale Crossing Streetlight Service District to pay for the expenses and charges for installing, providing, and maintaining the streetlight service.
B. 
The tax shall be in the amount of actual cost incurred by Frederick County to install, provide, and maintain such service, plus an administrative fee not to exceed 10% of such actual cost as a reserve.
C. 
The tax assessable against individual lots or parcels of real estate shall be determined by dividing the total actual cost for such service, plus the aforementioned administrative percentage reserve, by the number of properties situate within the boundaries of the service district.
D. 
The tax hereby assessed shall accrue from the date of passage of this article and shall be billed by and payable to the Treasurer of Frederick County at the same time or times as for real estate taxation, as provided in § 155-2 of this Code, and there shall be added to any such tax a penalty of 10% of such fee for all such fees not paid when due as provided in § 155-4, and interest thereon from the first day following the day such fees are due at the rate of 10% per annum.
E. 
There shall be a lien against any such property assessed with such tax for any unpaid tax, penalty and interest, which lien shall be on a parity with liens for unpaid local taxes, and this lien shall be administered and enforced in the same manner as provided in Chapter 39 of Title 58.1 of the Code of Virginia.