Legislation # 06-0573 Enactment Number none
Type Ordinance - Non-Coded Effective Date none
Introduction Date 10/11/2006
Title Ordinance Establishing a Special Assessment for the Peninsula Town Center Community Development Authority and Authorizing a Collection Agreement with the Community Development Authority.
 
Legislation History 06-0573
DateNotice Of ActionDescription
10/25/2006 Adopted on Second and Final Reading
10/11/2006 Adopted on First Reading
9/30/2006 Received By Clerk's Office
 
View Attachments 06-0573
FileTypeSizeDescription
Active_4187080_1_Special Assessment Roll.XLS Other 95K Special Assessment Roll
Active_4187101_1_Rate and Method of Apportionment No 4.DOC Other 83K Rate and Method of Apportionment of Assessment
ColiseumCDA9-27Collection Agreement.DOC Contract 66K Collection Agreement
 
Legislation Text 06-0573

 

City of Hampton, Virginia

Ordinance - Non-Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0573

 

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 CDA; and,

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.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAMPTON, VIRGINIA:

1.                  Approval of Collection Agreement. 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.

2.                  Special Assessment. By 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.

3.                  Subsequent Resolution. The Council may make such additional changes or amendments to the Collection Agreement as it determines to be necessary or appropriate by subsequent resolution.

4.                  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.

5.                  Effective Date. This Ordinance shall be effective immediately.

Adopted on 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

 

ATTACHMENT:

 

Exhibit A - Rate and Method of Apportionment of Assessment