Legislation # 06-0185 Enactment Number none
Type Ordinance - Non-Coded Effective Date none
Introduction Date 3/22/2006
Title An Ordinance establishing a special assessment for the H2O Community Development Authority and authorizing a Memorandum of Understanding with the Community Development Authority.
 
Legislation History 06-0185
DateNotice Of ActionDescription
4/12/2006 Adopted on Second and Final Reading
3/22/2006 Adopted on First Reading
3/13/2006 Received By Clerk's Office
 
View Attachments 06-0185
FileTypeSizeDescription
H2O Final Memorandum of Understanding.DOC Memorandum 296K Memorandum of Understanding
H2O CDA Resolution authorizing special assess bonds.pdf Other 142K Resolution of the H2O CDA Authorizing the Issuance of Special Assessment Bonds, Series 2006
H20 CDA Resolution Approving Special Assess bonds.pdf Other 59K Resolution of the H2O CDA Approving Special Assessments and Requesting the City Council of the City of Hampton to levy the same.
H2O Special Assessment Roll No 5.xls Other 93K Appendix A-1 and A-2 to Memorandum of Understanding
 
Legislation Text 06-0185

 

City of Hampton, Virginia

Ordinance - Non-Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0185

 

Enactment Number: -

 

An Ordinance establishing a special assessment for the H2O Community Development Authority and authorizing a Memorandum of Understanding with the Community Development Authority.

 

WHEREAS, the City Council of the City of Hampton, Virginia (the "City Council") authorized the creation of the H20 Community Development Authority (the "CDA") by Ordinance enacted September 28, 2005 (the Ordinance);

WHEREAS, the CDA has requested that the City Council establish a special assessment on taxable property within the CDA District;

WHEREAS, the City Council proposes to set forth certain agreements with the CDA and the owners of the land within the CDA (the "Landowner") pursuant to a Memorandum of Understanding among the City Council, the Landowner and the CDA (the "Memorandum of Understanding");

WHEREAS, the CDA proposes to issue its bonds (the "Bonds") to finance certain improvements within the CDA District; and

WHEREAS, the establishment of a special assessment on taxable property within the CDA District and the actions contemplated by the Memorandum of Understanding will benefit the citizens of the City of Hampton, Virginia (the "City") by providing additional residential options for the citizens of the City, providing infrastructure improvements, and promoting economic development and redevelopment and a strengthened economic base and increased tax revenues.

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

1.                  Approval of Memorandum of Understanding. The Memorandum of Understanding is approved in substantially the form presented to the City Manager, with such changes and corrections (including, without limitation, changes in the date thereof) that do not materially adversely affect the City's interests as may be approved by the City Manager and the City Attorney, whose approval shall be evidenced conclusively by the execution and delivery of the Memorandum of Understanding. The City Manager and the Assistant City Manager, or either of them, is authorized and directed to execute and deliver the Memorandum of Understanding.

2.                  Special Assessment. By agreement between the Landowner and the City Council pursuant to the Memorandum of Understanding, special assessments to pay the costs of public improvements to benefit property within the CDA District are hereby established and apportioned in accordance with the Rate and Method of Apportionment of Special Assessments attached hereto as Exhibit A. The CDA shall cause notice of the special assessments to be reported to the City's Treasurer or other City official responsible for the collection of taxes. The special assessments shall be liens on the taxable real property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2-2404 et seq.

3.                  Severability. If any part, section, clause or phrase of this Ordinance, or any individual assessment levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion hereof or assessment hereunder.

4.                  Effective Date. This Ordinance shall take effect immediately upon its adoption.

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on April 12, 2006.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council