The Administrator shall administer the Chapter 380 Economic Development Program. The Administrator shall determine whether an Application complies with the requirements of this article. Once a complete Application has been submitted, the Administrator shall review the Application for qualifications of the Project and of the Applicant and for feasibility of the Project.
The Administrator may approve Assistance for the Project and may negotiate and execute a 380 Agreement on behalf of the city if the Application, the Project, and the 380 Agreement comply with the provisions of this article and the total value of the Assistance is $50,000 or less. Nothing in this article requires the Administrator to approve any Application, Project, or 380 Agreement. Nothing in this article prohibits the Administrator from submitting an Application to the City Council for its consideration, even if the total value of the Assistance is $50,000 or less.
If the Administrator recommends the approval of Assistance and the total value of the Assistance exceeds $50,000, then the Administrator shall forward the Application to the City Council for consideration. If a committee or subcommittee is designated by the City Council to review Applications, the Administrator shall first forward any Application that the Administrator recommends for approval to said committee or subcommittee for its review and recommendation before forwarding the Application to the City Council The Administrator, the City Attorney, members of City Council and members of any committee or subcommittee that may be established to review Application may request additional information from an Applicant.
City Council approval of any Assistance shall constitute an offer that shall terminate if the city and the Applicant do not enter a 380 Agreement within 180 days after the date on which the City Council approves the Assistance. If the City council approves the Assistance, the City Council may authorize the Administrator to negotiate and execute on behalf of the city a 380 Agreement pertaining to the Assistance. Alternatively, the Administrator and the Applicant may negotiate a 380 Agreement subject to City Council approval and submit the 380 Agreement to City Council for approval at the same time the City Council considers the Application and the Assistance. As a third alternative, the City council may require that a 380 Agreement be negotiated and brought to City Council at a later date for consideration.
All Assistance is subject to appropriation of funds for such Assistance by the City Council. Assistance shall be provided on a case-by-case basis. Nothing in this article and nothing in the Application form and process shall create any property, contract, or other legal right in any person to have the Administrator or the City Council consider or grant Assistance.
Any Assistance shall be subject to a 380 Agreement that complies with the provisions of this article and includes such other provisions as the Administrator and the Applicant may agree upon. Any 380 Agreement and any other documents related to the Assistance or the 380 Agreement must be in a form approved by the City Attorney.