City of Hampton, Virginia
Ordinance - Non-Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: -
Ordinance Establishing a Special
Assessment for the Peninsula Town Center Community Development Authority and
Authorizing a Collection Agreement with the Community Development Authority.
WHEREAS, the City Council of the City of
Hampton, Virginia (the "Council") created the Peninsula Town Center
Community Development Authority (the "CDA") by Ordinance enacted
February 22, 2006 (the "Ordinance"); and,
WHEREAS, the Council, by resolution adopted
on March 8, 2006, approved a Memorandum of Understanding with the CDA (the
"MOU") setting forth a financing plan for the CDA that includes the
levy of a special assessment and a special ad valorem tax on property in the
CDA and the collection and payment of certain incremental tax revenues in the
WHEREAS, the Council proposes to enter into
a Collection Agreement among the Council, the owners of the land in the CDA
(collectively, the "Landowner") and the CDA (the "Collection
Agreement") setting forth certain agreements relating to the levy of the
special assessment and the special ad valorem tax and the collection of
revenues all as described in the MOU.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAMPTON, VIRGINIA:
The Collection Agreement is approved in substantially the form presented to the
Council at this meeting, 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, whose approval
shall be evidenced conclusively by the execution and delivery of the Collection
Agreement. The City Manager is authorized and directed to execute and deliver
the Collection Agreement.
agreement between the Landowner and the Council pursuant to the Memorandum of
Understanding and the Collection Agreement, 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 Assessment 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.
Council may make such additional changes or amendments to the Collection
Agreement as it determines to be necessary or appropriate by subsequent
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.
Ordinance shall be effective immediately.
the second and final reading at a regular meeting of the City Council of the
City of Hampton, Virginia, held on October 25, 2006.
Signed by ____________________________ Date
Ross A. Kearney, II, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council
Exhibit A -
Rate and Method of Apportionment of Assessment