Legislation # 07-0526 Enactment Number none
Type Resolution Effective Date none
Introduction Date 9/26/2007
Title Amendment of Resolution Reconstituting the Peninsula Stadium Authority with the City of Hampton as the Sole Continuing Municipal Member Following the Withdrawal of the City of Newport News.
 
Legislation History 07-0526
DateNotice Of ActionDescription
9/26/2007 Approved - items 1 through 9 and 11 and 12 on the consent agenda.
9/18/2007 Received By Clerk's Office
 
View Attachments 07-0526
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Legislation Text 07-0526

 

City of Hampton, Virginia

Resolution

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0526

 

Enactment Number: -

 

Amendment of Resolution Reconstituting the Peninsula Stadium Authority with the City of Hampton as the Sole Continuing Municipal Member Following the Withdrawal of the City of Newport News.

 

RESOLUTION

WHEREAS, The Peninsula Stadium Authority (Authority) was created in 1962 by the joint action of the Council of the City of Newport News, Virginia, and the Council of the City of Hampton, Virginia, and has operated continuously since that time pursuant to Chapter 393 of the 1962 Acts of the General Assembly of Virginia, known as the Public Recreational Facilities Authorities Act (Act); and

 

WHEREAS, by resolution adopted by the City Council of Newport News on June12, 2007, the City of Newport News withdrew from the Authority effective that date, and that withdrawal was endorsed and recognized by the City of Hampton by resolution of the Hampton City Council adopted June 21, 2007 and was consented to by the Authority at a meeting held on May 8, 2007; and

 

WHEREAS, the City of Hampton further stated its desire and intent to continue the Authority acting as its sole municipal member and, to that end, must amend the Authoritys articles of incorporation to re-constitute the Authority Board and to make related organizational changes necessitated by Newport News withdrawal from the Authority; and

 

WHEREAS, notice of a public hearing on the reconstitution of the Authority by amendment of the articles of incorporation has been advertised in a local newspaper of general circulation in the City of Hampton and a public hearing has been held this date.

 

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

1.        That the Authority is hereby reconstituted by the City of Hampton pursuant to the authority set forth in the Act with the composition, government, powers, duties and other matters pertaining thereto as set forth in the Act;

2.        The Articles of Incorporation of said Authority are amended and restated as follows:

 

a.      The name of the Authority shall continue as the Peninsula Stadium Authority, and the principal office of the Authority shall be 22 Lincoln Street, Hampton, Virginia;

b.      The sole participating political subdivision is the City of Hampton;

c.      The Authority shall be governed by a Board of Directors of up to eleven (but no less than seven) members, who shall be appointed by the City Council of the City of Hampton. The members of the Board of Directors shall serve for terms of no more than four years, and any member may be removed by the City Council with or without cause.

d.      The members of the Authority Board shall annually elect one of their members chairperson and shall annually elect a Secretary and Treasurer who need not be board members. The offices of Secretary and Treasurer may be combined by majority vote of Board.

e.      The purpose of the Authority is to maintain and operate a certain facility known as the Peninsula War Memorial Stadium with the power to operate a stadium, as such term is generally used, and parking facilities in connection therewith, including all buildings, structures, and other facilities and the appurtenances thereto which the Authority may deem necessary and desirable for the operation of said stadium, provided, however, that should the City of Hampton determine by resolution that the purpose for which this Authority has been created has or should be terminated, this Authority shall then have no purpose and shall be terminated. All assets of the Authority upon termination shall be distributed to the City of Hampton, subject to prior liquidation of such Authority assets as may be necessary to pay Authority debts and other liabilities.

3.        The provisions of this resolution are severable and if any of its provisions shall be held unconstitutional or otherwise unlawful by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the other provisions of this resolution.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on September 26, 2007.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council