Legislation # 07-0594 Enactment Number none
Type Resolution Effective Date 11/7/2007
Introduction Date 11/7/2007
Title Resolution Regarding Development Agreements Executed by the City of Hampton Involving City Property
 
Legislation History 07-0594
DateNotice Of ActionDescription
11/7/2007 Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.
10/27/2007 Received By Clerk's Office
 
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Legislation Text 07-0594

 

City of Hampton, Virginia

Resolution

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0594

 

Enactment Number: -

 

Resolution Regarding Development Agreements Executed by the City of Hampton Involving City Property

 

RESOLUTION

WHEREAS, on April 12, 2006 the City Council of the City of Hampton, Virginia (the "Council") adopted Resolution No. R-2006-00207 setting forth the policy for the initiation of City economic development proposals involving City-owned property wherein all legislative actions, including, but not necessarily limited to property dispositions necessary to accomplish City economic development objectives involving City-owned property, shall originate with and remain under the legislative authority of the Council (the Policy);

WHEREAS, the Policy implicitly encompassed a requirement that Council retain its authority to approve material changes to Council approved development agreements associated with economic development projects involving City-owned property; and

WHEREAS, in further clarification of its Policy, Council desires to ensure the greatest level of integrity with respect to such development agreements and opportunity for public awareness of any change in executed development agreements where the terms and conditions proposed by a developer post-execution differ materially from the original terms and conditions approved by Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia as follows:

 

1.      That no purchase and sale agreement or any development agreement associated with economic development projects approved and executed by the City involving City-owned property, whether improved or unimproved, shall be amended in such a manner so as to substantially or materially change any of the original terms and conditions thereof without a formal vote of the City Council; and provided further, that the determination of whether an amendment constitutes a material or substantial change shall be determined on a case-by-case basis by the City Attorney with the concurrence of the City Manager, and that such material changes shall include, but not be limited to, an increase in the scope of a project that would adversely affect the Citys ability to provide infrastructure support for such increase.

2.      That this Resolution shall be effective upon its adoption.

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia, held on November 7, 2007.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council