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January 23, 2001 <br /> <br /> 8. The lease payment obligations of the City under the Development Agreement <br />shall - to the extent determined by the City Manager and incorporated by him in the <br />Development Agreement - be a moral obligation of the City, as that term is commonly <br />used in the field of municipal finance, shall be subject to appropriation, and shall not <br />comprise a debt of the City unless and to the extent that debt may be authorized by <br />future official action of City Council, acting pursuant to the Public Finance Act of the <br />Code of Virqinia." <br /> <br />01-37(B): <br /> <br />"A RESOLUTION AUTHORIZING ASSIGNMENT OF THE DEVELOPMENT <br />AGREEMENT OR CAPITAL LEASE FOR THE NEW PARKING GARAGE TO THE <br />PORTSMOUTH PARKING AUTHORITY AND THE GRANTING OF FURTHER <br />ASSURANCES. <br /> <br /> WHEREAS, by resolution adopted of even date herewith, the City Council of the <br />City of Portsmouth, Virginia has authorized the negotiation and execution of a <br />Development Agreement, Capital Lease, or other document of similar import, regardless <br />of title, with Ellis-Gibson Development Co. for the design, development, and financing of <br />a new parking garage in downtown Portsmouth (the "Development Agreement"); and <br /> <br /> WHEREAS, it is in the public interest that said parking asset be ultimately owned <br />and managed by the Portsmouth Parking Authority, a political subdivision of the <br />Commonwealth of Virginia whose members are appointed by City Council (the "Parking <br />Authority"); <br /> <br /> NOW, THEREFORE, be it resolved by the Council of the City of Portsmouth, <br />Virginia, that the City Manager is authorized, acting for and on behalf of the City, to <br />assign the Development Agreement to the Parking Authority. The City Manager is <br />further authorized to provide such further assurances as may reasonably flow from the <br />actions authorized by this resolution, including without limitation execution and delivery <br />of a Cooperation Agreement with the Parking Authority by which the City agrees to <br />provide such assistance as may be reasonably needed by the Parking Authority to fulfill <br />its obligations and to exercise its powers under the Development Agreement; provided, <br />however, that any financial obligation the Cooperation Agreement shall be subject to <br />appropriation, and neither the Cooperation Agreement, nor any obligation imposed <br />thereby, nor this resolution shall comprise a debt of the City." <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Robinett, Whitehurst, Holley <br />Nays: None <br /> <br />01 - 38 - Adoption of a resolution regarding the restructuring of the Portsmouth Parking <br />Authority. <br /> <br />Recommendation: <br /> <br />· Adoption of a resolution regarding the restructuring of the Portsmouth Parking <br />Authority. <br /> <br />Purpose and Need: <br /> <br />· The issues surrounding parking are becoming more active and of a higher priority. <br />To better address the short-term issues such as pricing as well as the long-term parking <br />needs of the City, a reconstituted Parking Authority is needed. <br /> <br />· The Parking Authority has previously been a subset of the members of the Municipal <br />Finance Commission. <br /> <br />· The responsibility of the Authority would be oversight and long-term direction of <br />parking garages, surface lots and parking facilities within the City. <br /> <br />· The recommended changes put the responsibility for management and day-to-day <br />control under the Parking Authority that is staffed by the City's Traffic Engineer. <br /> <br />· Recommended changes are as follows: <br /> <br /> <br />