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Papillion council approves Downtown Papillion redevelopment contract with administrative assignment clause
Summary
The council adopted Resolution R250151 to approve a redevelopment contract with Urban Waters and accepted an amendment authorizing administrative consent for redeveloper assignment to a related entity; the amendment and the amended resolution passed unanimously.
The Papillion City Council on Aug. 5 voted to approve a redevelopment contract for the Downtown Papillion project with Urban Waters under the Nebraska Community Redevelopment Law and approved a staff-requested amendment to allow administrative consent for certain redeveloper assignments.
During discussion, staff described the amendment as a routine administrative clause that would permit the mayor and city clerk to execute consents and approvals when the redeveloper assigns the contract or related purchase-and-sale or TIF note to a wholly owned and controlled related entity, avoiding the need to return the matter to council for every assignment. The presiding officer read the proposed amendment into the record: "Without limiting the foregoing, the mayor and city clerk or any of them are explicitly authorized to enter into and execute any consent on behalf of the city pertaining to redeveloper's assignment ... to an entity that is wholly owned and under the exclusive control of the redeveloper or the redeveloper's principals without further consideration or approval of the city council."
Councilman Inberg moved the amendment and Councilman Stubby seconded; the amendment passed by an 8–0 vote, and the council then approved the amended redevelopment contract by the same margin. The transcript records the vote as unanimous.
The amendment gives the city administrative flexibility to approve certain internal corporate assignments of the redevelopment agreement; the council did not record additional conditions in the meeting transcript. Staff noted the redline of the amendment appears on page 2, section 6, of the meeting packet. Any subsequent assignment executed under the clause will be handled by the mayor and city clerk, per the adopted language.
The council’s approval authorizes the city to proceed with the redevelopment contract as amended. Further implementation steps and any required notices under the Nebraska Community Redevelopment Law will be handled by city staff and the city's legal counsel.
