MARCH 28, 1977
CITY OF VIRGINII REACI MUNICIPAL- CENTER
(7, iy VIRGINIA BEACH, VIRGINIA 23456
1. HENRY M,COY, I,, D.D.S., B.,..gb
MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B@ ... gh MEYERA E. OBERNDORF, Al L.,g@
VICE MAYOR PATRICK L. STANDING, At L.,g, J. CURTIS PAYNE, A.@@ B.,..gb
JOHN A. BAUM, B.,.@gh ROGER L. RIGGS, Vigi@i. B@.,b B@,..gh
ROBERT B. CROMWELL, ],, A@ L.,g@ FLOYD E. WATERFIELD, I,., P.@g. @,.@gh
GEORGE R. FERRELL, Al L.,g@ A G E N D A RICHARD J. WEBBON, Cily Cl@,k
JOHN R. GRIFFIN, Ly@.b ... @ B .... gb
The City Council of the City of Virginia Beach, Virginia, will assemble in
the Administration Building, Princess Anne Borough, Virginia Beach, Virginia,
in Regular Session, at 1:00 p.m., on Monday, March 28, 1977, for the purpose
of conducting public business and will hear and act upon the following items:
1. Call to order by the lionorable Clarence A. Holland, Mayor, in the Council
Conference Room.
2. Roll Call of the Council.
3. Motion and Roll Call @lo recess into Informal Discussion ana Executive
Session. Upon conclusion of the Executive Session, City Council will
reconvene in the City Council Chambers.
4. Invocation will be given at 2:00 p.m., by the Reverend James W. Rush,
Scott Memorial Methodist Church, Virginia Beach, Virginia. Please re-
main standing for the Pledge of Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of March 21, 1977 to be presented for
approval and acceptance.
7. No Items for Second Reading.
8. Letter from the City Manager recommending that City Council approve an
ordinance establishing the tax levy on real estate for the tax period
January 1, 1977 through June 30, 1977.
9. Letter from the City Manager recommending that City Council authorize
the City Manager to borrow $5 million in short-term bond anticipation
notes from First & Merchants National Bank with the interest rate of
2.98% for the construction of Green Run High School and White Oak Ele-
mentary School, as well as for the continuation of vital water and sewer
projects.
10. Letter from the City Manager recommending that City Council approve an
ordinance authorizing the issuance of $9,100,000.00 water and sewer
revenue bonds of the City of Virginia Beach, Virginia.
11. Letter from the City Manager recommending that City Council authorize
the City Manager to continue with the services of Wainwright and Ram-
sey, Inc., as bond consultants, for the proposed sale of revenue bonds,
as well as general obligation bonds; and further, authorize the City
Manager to enter into the standard agreements.
12. Letter from the City Manager recommending that City Council appoint
viewers to investigate the petition of tbe City of Virginia Beach for
the closure of a portion of Eastern Shore Road (Lynnhaven Borough).
13. Letter from the City Manager recommending that City Council adopt a
Resolution authorizing the City Manager to execute an agreement with
VEPCO for electrical easements in the Municipal Complex and the Green
Run Fire Station site.
14. Letter from the City Manager recommending that City Council approve an
ordinance to amend and reordain Article IV of Chapter 18 of the Code of
the City of Virginia Beach pertaining to solicitation of contributions.
15. Letter from the City Manager recommending that City Council approve an
ordinance to amend and reordain Articles 11 and 111, Chapter 16 of the
Code of the City of Virginia Beach pertaining to Fire Protection.
16. Letter from the City Manager recommending that City Council approve an
ordinance to accept $1,318,000.00 from the Department of Housing and
Urban Development and to appropriate these funds for the Community
Development Program.
17. Letter from the City Manager recommending that City Council approve an
ordinance to amend and reordain Section 6-33 of the Code of the City of
Virginia Beach relating to surfing.
18. Letter from the City Manager recommending that City Council approve an
ordinance to amend and reordain Section S-7 of the Code of the City of
Virginia Beach relating to the establishment of Bird Sanctuaries in
certain areas.
19. Letter from the City Manager recommending that City Council approve the
request of Mr. V. A. Etheridge, City Treasurer,for tax refunds in the
amount of $167.05.
20. Old business, deferred from the previous meeting, including any report
of the Mayor or committees named by Council.
21. New business, including any presentations by Council Members, citizens,
and organizations.
22. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
March 28, 1977
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in the
Conference Room, in the Administration Building, Princess Anne
Borougli, on Monday, March 21, 1977, at 1:00 p.m.
Council Me@mbers present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice @.layor Patrick L. Standing, Floyd E. Waterfield, Jr.
Council Members absent: None
ITEM #10604
Mayor Ilolland entertained a motion to permit the Council to conduct
an informal discussion to be followed by an Executive Session for
the purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property.
3. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
On motion by Councilman Riggs, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George
R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R.
L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Ivaterfield, Jr.
Nays: None
Absent: None
City Council voted to proceed into executive session following the
informal discussion.
ITEM #10605
Mrs. @,larcy Sims, Director of Libraries, appeared before Council at
the informal discussion, and presented the Members with copies of
the history of the City of Virginia Beach, entitled The Beach.
ITEM #10606
The City Manager introduced Mr. Edward Tuck and Mr. Joe Accaway of
Contintential Telephone Company who explained to Council a new
telephone system for the complex known as SL-1.
The cost would only be $29.00 per month more than what the City is
paying now, and the change-over cost would be only $10.50 per telephone.
There have been problems with the present system and the SL-1 would
eliminate many of these problems.
ITEM #10607
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
The invocation was given by the Reverend James W. Rush, Scott
Memorial Methodist Church, followed by the Pledge of Allegiance.
ITE@,l #10608
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the the minutes of the regular meeting
of March 21, 1977, and dispensed with the reading of said minutes
inasmucla as each Member had a copy of the subject minutes.
ITEM #10609
On motion by Vice Mayor Standing, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, PIayor Clarence A. Holland, J. ifenry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
As Council is aware, beginning January 1, 1977, Virginia State law
requires that all municipalities employ 100% of fair market value
for assessment purposes. Previously, the City had used 607, ratio
of fair market value for assessments, at a tax rate of $1.45 to
most boroughs. In effect this was a true tax rate of $.87 per
100% valuation.
In order to continue with this true tax rate City Council voted
to authorize the City Manager to advertise for a public hearing
on this matter as well as personal property on Monday, April 11,
1977, at 2:00 p.m.
AN ORDINANCE ESTABLISHING TIIE TAX LEVY O',i
REAL ESTATE FOR THE TAX PFJ@IOD JANUARY 1, 1977
THROUGH JUNE 30, 1977.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and coliected for general purposes for the
first six months of the 1977 calendar year taxes on all real estate, not
exempt from taxation and not otherN,7ise provided for in this Ordinance,
on each one hundred dollars ($100) of assessed valuation thereof, based
on the following rates:
General Six Borough Borough Mosquito Total Rate
Borough Government School Debt Debt Control 1977
Bayside $ .42 $ .01 $ .01 .01 $ .45
Blackwater .42 .01 - - .43
Kempsville .42 .01 .01 .01 .45
Lynnhaven .42 .01 - .01 .44
- - .43
Princess Anne .42 .01
Princess Anne Mosquito .42 .01 - .01 .44
Pungo .42 .01 - .43
Pungo Mosquito .42 .01 - .01 .44
Virginia Beach .42 - o4 .01 .47
The real property tax rat@s which liave been prescribed, in this section
shall be applied on the basis of one hundred percentum of the fair market
value of such real property except for public ser-vice real property which
sball be on the basis as provided in Section 58-512.1 of the Code of
Virginia, as amended.
Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE RF,,AL
ESTATE AS PROVIDED FOR IN SECTION 58-512.1 OF TIIE CODE OF VIRGINIA
(1950), AS AMF,@IDED.
There shall be levied and collected for general purposes for the
first six months of the 1977 calendar year taxes on all Public Service
Real Property, which has not been equalized as provided for in S@ection
58-512.1, of the Code of Virginia (1950), as amended, on each one
hundred dollars ($100) of assessed valuation thereof based on the
following rates in accordance with Section 58-514.2 of the 1950 Code
of Virginia as amended:
General Six Borough Borough Mosquito Total Rate
Borough Government School Debt Debt Control 1977
Bayside $1.05 $ .03 $ .02 $ .03 $1.13
Blacku,ater 1.05 .03 - - 1.08
Kempsville 1.05 .03 .02 .03 1.13
Lynnhaven 1.05 .03 - .03 1.11
Princess Anne 1.05 .03 - 1.08
Pungo 1.05 .03 - - .1.08
Virginia Beach 1.05 - .10 .03 1.18
The real property tax rates imposed in this section shall be applied on
the basis of forty percentum of fair market value of such real property.
Section 3. AMOUNT OF LFVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS REAL ESTATE.
There shall be levied and collected for general purposes for the first
six months of the 1977 calendar year taxes on all real estate certified by
the Commonwealth of Virginia as "Pollution Control Equipment and Facilities"
not exempt from taxation, on each one hundred dollars ($100) of assessed
valuation thereof, based on the following rates:
General- Six Borough Borough Mosquito Total Rate
Borough Government School Debt Debt Control 1977
Bayside $ .42 $ .01 $ .01 $ .01 $ .45
Blacl,water .42 .01 - - .43
Kempsville .42 .01 .01 .01 .45
Lynnhaven .42 .01 - .01 .44
Princess Anne .42 .01 - - .43
Princess Anne Mosquito .42 .01 - .01 .44
Pungo .42 .01 - - .43
Pungo Mosquito .42 .01 - .01 .44
Virginia Beach .42 - .04 .01 .47
The real property tax rates imposed in this section shall be applied on
the basis of one hundred percentum of fair market value of such real property.
Section 4. CONSTI,@TIONALITY.
That if any part or parts, section or sections, sentences, clause or
phrase of this Ordinance is for any reason declared to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance.
Section 5. EFFECTIVE DATE.
This ordinance shall be in effect from and after the date of its
adoption.
AN ORDINANCE.ESTABLISIIING TIT@E TAX LEVY ON
PERSONAL PROPERTY kND MACIIINERY AND TOOLS
FOR TIIE CALENIDAR Yr@ 1977.
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. AMOUNT OF LEVY ON TANCTBLE PERSONAL PROPERTY.
There shall be levied and collected for general purposes for the 1977
calendar year taxes on all tangible personal property, not exempt from
taxation and not otherwise provided for in this ordinance, at the rate
of six dollars ($6) on each one hundred dollars ($IOCL) of assessed
valuation thereof. The rate imposed by this section shall be applied
on the basis of 45% of tbe fair market value of such personal property.
Section 2. AMOUNT OF LEVY 0,N CERTAIN VEHICLES CIASSIFIED AS
PERSONAL PROPERTY USED AS @IOBILE HOIAES OR OFFICES.
There shall be levied and collected for general purposes for the
calendar year 1977 taxes on all vehicles without motor power as defined
in Section 36-71 of the Code of Virginia (1950), as amended, used or
designated to be used as mobile homes or offices or for otber means of
habitation by any person, on each one liundred dollars ($100) of assessed
valuation thereof, based on the following tax rates:
BorouRh Total Rate 1977
Bayside $ .90
Blackwater .86
Kempsville .90
Lynnhaven .88
Princess Anne .86
Princess Anne Mosquito .88
Pungo .86
Pungo Mosquito .88
Virginia Beach .94
The personal property r@tes which have been prescribed in tliis section
shall be applied on the basis of one hundred pertentum of the fair market
value of such personal property.
Section 3. AMOUNT OF LEVY ON AT,I, BOATS OR WAI'l,,RCPAFT UNDER FIVE
TONS BURTHEN USED FOR BUSINESS OR PLEASURE.
There shall be levied and collected for the calendar year 1977 for
general purposes taxes on all boats or watercraft under five tons burthen used
for business or pleasure,at the rate of six dollars ($6) on each one
hundred dollars ($100) of assessed valuation thereof. The rate imposed
by tbis section shall be on the basis of forty-five percentum of the
fair market value of such personal property.
Section 4. *IOLTNT OF LEVY ON "CERTIFIED POI,LUTIOI CONITROL EQUINIENT
AND FACILITIES" CI,ASSIFIED AS TANGIBLE PERSONAL PROPI:RTY.
There shall be levied and collected for the calendar year 1977 taxes
on all tangible personal property certified by the Cormnonwealth of Virginia
as "Pollution Control Equipment and Facilities" not exempt from taxation,
at the rate of six dollars ($6) on each one hundred dollars ($100) of
assessed valuation thereof, for general purposes. The rate imposed by
this section shall be applied on the basis of 45% of the fair market value
of such personal property.
Section 5. *IOUNT OF LEVY ON MACIIINERY AND TOOLS.
There shall be levied and collected for the calendar year 1977 taxes
on machinery and tools, not exempt from taxation, at the rate of one dollar
($I) on each one hundred dollars ($100) of assessed valuation thereof, for
general purposes. The tax imposed by this section shall be applied on the
basis of 45% of the fair market value of such machinery and tools.
Section 6. CONSTITUTTON'-kLITY.
That if any part or parts, section or sections, sentences, clause or
phrase of this ordinance is for any reason declared to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
Section 7. EFFECTIVE DATE.
This ordinance shall be in effect from and after the date of its
adoption.
ITEM #10610
On motion by Councilman McCoy, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, J. Henry McCoy, Jr., Councilworian Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L.
Standing
Nays: None
Abstain: Councilmen George R. Ferrell, Mayor Clarence A. Holland*
and Floyd E. Waterfield, Jr.**
Absent: None
As Council is aware, bonds were authorized for the construction of
Green Run High School and White Oak Elementary School, as well as
for the continuation of vital water and sewer projects. Because
of charter requirements, optimum long-range borrowing will not be
available to Council until December of this year. Therefore, it
will be necessary to make short-term loans based on anticipation
of future bonds sales.
At the request of the City Manager, the City Treasurer asked all
local banks, and received sealed bids, for short-term borrowing
for nine months with the following results:
Annual rate
Bank of Interest
First and Merchants liational Bank 2.98%
First National Bank 2.99%
Virginia National Bank 3.00%
First Virginia Bank 3.20%
Therefore, City Council voted to adopt the following resolution
authorizing the City Manager to borrow $5 Million in short-term
bond anticipation notes from First and Merchants 14ational Bank
with the interest rate of 2.98%:
*Councilman Ferrell & Alayor Holland abstained as they are on the
Board of Directors; ** Councilman Waterfield is employed by the bank
At a regular meeting of the Council of the City of Virginia
Beach, Virginia, held on the 28th day of March, 1977,
PRESENT
Councilman John A. Baum
Councilman Robert B. Cromwell, Jr.
Councilman George R. Ferrell
Councilman John R. Griffin
Mayor Clarence A. liolland
Councilman J. fienry McCoy, Jr.
Councilwoman Meyera E. Oberndorf
Councilman J. Curtis Payne
Councilman Roger L. Riggs
Vice Mayor Patrick L. Standing
Councilman Floyd E. Waterfield, Jr.
ABSENT
None
the following resolution was adopted by the affirmative roll call
vote of the Council, the ayes and nays being recorded in the minutes
as follows:
ME@IBER VOTE
Councilman John A. Baum Aye
Councilman Robert B. Cromwell, Jr. Aye
Councilman George R. Ferrell Abstain
Councilman John R. Griffin Aye
Mayor Clarence A. Holland Abstain
Councilman J. Ilenry McCoy, Jr. Aye
Councilwoman Meyera E. Oberndorf Aye
Councilman J. Curtis Payne Aye
Councilman Roger L. Riggs Aye
Vice Mayor Patrick L. Standing Aye
Councilman Floyd E. Waterfield, Jr. Abstain
(Three members abstained in compliance with the Virginia Conflict of
Interest Act on the grounds that they were employees oT directors of
First & Merchants National Bank of Tidewater.)
WHEREAS, the issuance of $7,000,000 public improvement bonds
of the City of Virginia Beach has been authorized by ordinance adopted
by the Council of the City of Virginia Bea--h on March 71 1977; and
WHEREAS, the Council considers it desirable to borrow money in
anticipation of the issuance and sale of such Bonds for the purposes
for which the bonds have been authorized;
BE IT RESOLVED BY THE COUNCIL OF TtiE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The City of Virginia Beach sliall issue and sell $5,000,000
public improvement bonds of the $7,000,000 bonds, heretofore authorized,
at such time or times and in such manner as the Council shall he-eafter
2
determine; provided, however, that such bonds shall be sold at such
time or times as may be required by law for the payment of the bond
anticipation notes hereinafter authorized.
2. The City is hereby authorized to borrow $5,000,000 in
anticipation of the issuance and sale of such bonds and for the
purposes for which such bonds have been authorized.
3. It having been reported that the City Treasurer has
solicited proposals from area banks for the purchase of $5,000,000
of nine month notes and that the proposal of First & Merchants
National Bank of Tidewater to purchase such notes bearing interest
at the rate of 2.98% per year was the best of the several proposals
received, it is hereby determined to be in the best interests of the
City to accept such proposal, and such proposal is hereby accepted.
The City Manager or the Mayor and the Clerk are hereby authorized and
directed to execute appropriate notes in accordance with such proposal.
4. The full faith and credit of the City of Virginia Beach
are hereby irrevocably pledged to the payment of principal of and
interest on such notes.
5. This resolution shall take effect immediately.
The undersigned Clerk of the City of Virginia Beach, Virginia,
hereby certifies that the foregoing constitutes a true and correct
extract from the minutes of a regular meeting of the Council of the
City of Virginia Beach held March 28, 1977, and of the whole thereof
so far as applicable to the matters referred to in such extract.
WITNESS my hand and the seal of the City of Virginia Beach,
Virginia, this 29th day of March, 1977.
Cle-rT ginia Beach,
v
(SEAL)
On motion by Vice Mayor Standing, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
City Council approved on first reading the following ordinance
authorizing the issuance of $9,100,000 Water and Sewer Revenue
Bonds of the City of Virginia Beach, Virginia:
AN 01-
$9,10c),C)oo A[41) SE@,JFR REVEI@LIE
BOt@,'[)S 6,F I-IJE CITY OF VIRGIT,@IA BEACII,
VIF@GINIA
WI]EREAS, iiivestigatioiis iiiade by tl)c, Departnietit of Public Utilities disclose
tliat the rapid gi,owth of the City of Virgiiiia Beach has I)laced burdens oii botli
watei@ and setqer facilities in excess of designed capabilities wliich, together
witli ariticipated futlire growtii of tlie City require tliat the City uiidertake
exteilsive i[iiprovenieiits to its watei, and seiqer s@stein; and
WHEREAS, the Couiicil is, advised that a Capital IlliprovementProgra[Ti for
watei, and sevier which is expected to cost approxiiiiately $59,000,000 ovor the
next five years should coiiiiiience inimediately; and
WHEREAS, the recently submitted report of t@ayor's Committee on I-,Iater and
Sewer Rates, 1977 rccomineiids tliat in view of current restrictioiis in tile City
Charter on incurring glneral obligatioii debt and in order to nieet the ui-gent
needs of the water and sewei- systeip aiid to cotitii)ue water and se@,,,er construc-
tioii tilrougli 1977, the City I)roceed irFinieclii;-ely to issue $9,100,000 water and
setqer i-eveiiue bonds.
TIIEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CI-FY OF VIRGINIA BEACII,
VIRGINIA:
1. It is he@@eby detei-itiiiied to be necessal-y aild expedic.,nt fol, the City
of Vii,ginia Beacfi to undertake extensive illiproveiiients to its water and sewer
systeni which will pro;note the liealtli and general welfare of its inhabitatits
and iqill facilitate coiitinued gi-ovitli and o)-derly developiil-.nt of the City aild
to finance sucli water and sev@er improveiiieiits for the year 1977 througli tlie
borrowing of $9,100,000 and issuing tfie City's revenue bonds, therefore.
2. Pursuant to the autilority of the Cliarter of the City of Virginia
Beacii (in its Cliaptei, 147, Acts of Assembly, 1962, as ametided) and tlic Public
Fiiiaiice Act, as aiiiended, tliei@e ai-e hereby autliorized to be issued $9,100,000
water aiid se@qer reveriue boiids of the City of Virginia Beacli to provide funds
togetliei- i-iith otfier fuiids that iiiay be available fOr COnStl@Llcting illiprovellients
atid extentions to tlie @-iiter Eiiid sewcr facilities of thc, City. Tlie proceeds
of sLic-.Ii I)onds sliill be useci to i-cpay so I'lilcil of tli('- iiic)iiey bor@,o@,@C@d in
anticil)ation of tlic issua;ice arid sale of tlie public bollds
autlioi,ized by oi,diriailce acl(')I)t.(,d t@,arc@i 7, 1977 as iiily be d(,.sigi,iatc,.d foi,- k,@ater
aiid sewer facilities.
3. The boiids shall bear such date oi, dites, lilature @it such tinle or
tiiiies riot exceediiig forty years fropi tlieir dates, bear interest at sucf) rate
or rates not exceeding ttle itieximum rate perniitted by law at tlie time the bonds
are sold, be in such denoiiiiiiations and foi,,Pi, be exc@cuted in such manner and
be sold at s.uch tiiiie or tiiiies and in such ifl,@iiner as tlie Council shall hereafter
provide by appropriateresOlLitliOll or i-esolutions.
4. The bonds sliall be liriiited obligatioris of the City payable solely
from the revenues to be derived frofli the @,.,ater and sewer systein of the City.
The botids shall state that tliey shall not be deenied to create or constitute
an indebtedness of or a pledge of the flill faith and ci@edit of the City, the
Commonv,,ealth of Virgiiiia or any other political subdivision of the Coninic)ll@qealth,
the issuaiice of the bonds and the undertall,ing of cove@)ants, conditions and
agreeiretits to be contained in tlie resolution or resOlLitions to be adopted herci-
after shall not di@,ectly, indirectly or contingently obligate the City, the
Conimoii@;@Ialth, or any other political subdivision of tlie Conimonweiltli, to levy
and collect any taxes whatsoever tlierefore or to niake any appropriation there-
for except from the revenues of the watei@ and sewer syste:Ti pledged to paynient
of principle of afid interest on tlle bbnds.
. 5. The resolution to be adopted hereafter authol-izing the issuance and
sale df the bonds and providing the details thereof sliall contain appropriate
covenaiits requii-ing the City to fix, charge and COIICCT SLlcfi rates, fees and
other charges for tlie use of and for tlie sei-vices fLI-tlislied by its water atid
sewer systeni and to revise the saiiie from tiiiie to tifne and as ofteil as sliall be
necessary so as to produce sufficient net t,evenues to pay principle of and
interest on the bonds as the sanie become due aiid to f)rovide a niargin of safety
therefor. Such resolutioti sfiall also include such additional covenants, agree-
ments and other teriiis as are custoillary fol' t@le pi,otection of the liolders of
water and sewer rcvenue bonds.
I
I
FIIZS@F Rf--ADI@l(;: March 28,-1977
SECOND 11,EADING:
Adopted by tlie Coulicil of the City of Virginia Beacli oii the
day of 1977.
ITEM #10612
On motion by Councilman Ferrell, seconded by Vice Mayor Standing
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry @AcCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to authorize the City Manager to continue with
the services of Wainwright and Ramsey, Incorporated, bond consultants
for the City, and to enter into the necessary agreements.
ITEM #10613
On motion by Councilman Griffin, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following ordinance appointing viewers
in the matter of closing, vacating and discontinuing a portion of
that certain street, known as Eastern Shore Itoad in the Lynnhaven
Borough of the City of Virginia Beach, Virginia:
TO FILE
SU= @URE - Eastem Shore Road
In reference to tlie above captioried natter, the City Manager decided,
based on the vi@int of @ Real Estate Divisicn, that this road is riot
an open street and vnuld not have to go to City Comcil for them to act
on the ordinance for closure.
JDB:er
6-23-77
I'N IIIE t,!/\l [Ell OF C[ OSII'G,
ANI) I)ISC O,','Fl @:U l@@G f@, ['ORI 101,1 Cil -1 111,@T
CERTAII,l STP,[-ET, AS FASI[I[),Il
SliORE I'@0i,D IN LYI@iiii'Vii@' bOl,'OuGli,
VIRGINIA BEACII, VII@Gl@@1A.
P E 'F I T I 0 t4
TO: TIIE IIAYOR AND THE L@,EMBERS OF TIIE COUI,'CIL OF TliE C11Y OF VIRGI,'IIA BEAC[L, VA.
Your petitioner, thc@ City of Vii,giiiia Beacli, Virginia, respectfully
represetits as follows:
1. That pursuant to tlie provisioiis of Section 15.1-364 of the 1950
Code of Virginia, as aniended, the petitioiier applies for the vacating, closing,
and discontinuance of portions of that certaiti street, viiiich is illoi@e specifically
desci-ibed as follows:
Parcel 11
Poiiit of begiiiiiin@j beitig the. riortli riglit of @,,,ay of t-lild@,iood
Drive (Rte '['640) at its interscction i,iitli t@ic-, (,,ast rig@it of
way of Eist(,rn Sliore Road (forinc-,i,ly Old Greal, l@eck Road) as
shown in @lip Book 16, at Page 88; @,iic-nc:e iii a tiortliweslcrly
direction @ilong the ez)st right of @,,ay of Easte@,ii Shol-e Road
N 9030' W, @i distiiice of 149.20' to i poitit; thence N 5015'
E, a distatice of 154.70' to a point; thencoo t@ 18-35' E, a
distance of c'05.60' to a poitit; tlieiicc, [,' 14 25' E, a distaiice
of 177.80, to a poirit; @lience 1,1 10030' E, a distaiice of 181.60'
to a point; theiice N l@ll 39' E, a distance of 330.71' to a point
on the soutliern right c)f @,,,ay line of Old Donation Parkv,,6y;
thetice aloiig the SOLithern right of v@ay Iiiie of Old I)onation
Pai-kwa.y to tlie @,iest right of way line of Eastern Shc)re Road
S 7603@' t4, a di@,tance of 33.71' to a poitit; tlience in a
southerly direction aloag tlie @@iest t,ight of way line of
Eastern Sliore Road S 13 39' @4, a distance of 116.17' to a
point; tiience S 10030' tl, a distance of 181.40' to a point;
thence S l@io25' t-1, a distance of 175.68' to a point; thence
S 1803@,' @l, a distanc(,- of 908.02' to a poii-it; t@.encss 51,
15' W, a distatice of 1,62.09' to a pc)int; t@ieiice S 9 30- E,
a distance of 155.64' to a poitit ori ti)e nortlici,n right of
way line of @-,Iild@-iood Di-ive; t[i,,,nce in a nortlieasterly direction
along the north right of @,iay li@ie oC t,jild@,,,ood Drive to the
easterri right of way line of Eastc,.rri Slio),(,' Road l@ 75038' E,
a distance of 30.11' to the lioint of beginililig, containing
1.308 acres.
Parcel 2.
['oint of begiiiiiing I)einc tlie soutli right of @@!@ty of llildwood
Drive (Rt(-,. 610) @it its i@itel-s(,ctioii @,iitli 'LI)e (@ast riglit of
way of Eistei,ii Slior,(, l@oad (foriii(,rl,,, Old Ciipe H(-,nry Roaci) as
sho@@n iii Book 4@, at Page 33; th@ncc,. ilon( tll(,. C'-a,lt i,ight
of v@iy of Fisterri Slioi,(, Poid @) 19@'?9'00" E, i clistinc(,, of
600.00' t@o a poiiit; tiience S 31 050'00" E, a (listinc(-, of
313.67'-to a poii)t; tlience S 1/1037'49" E, i clistance of
29.fiO' to a f)o@int; tli(,nce N 76"b?'00" F, a distaiice ot
15.00' to tlie cist si(ic,. of a Ill,' ci(,dicatioil; 'Llie@ice aloiig
tlie de(iicatioti S 14037@@!9" E, a (.Iist@ince of 3@1.84' to the
projectc,d noi,th riglit of @,iiy c)f Lc)ng Di@idoc Lane; tlience
along tlic-, projected noi,tli i-iglit of @..',)y ol@ Loiig Bi,idge
I-ane S 75022'11" 14, a distatice of 80.00' to tlic begitill-ing
of radius oti Long Bridg(, LiiiE,.; tiic@iice 31.42' alotig tlie @irc
of a curve to the left @,@tli a toi@gc-,iit bearing of N 75022'
11" E anci a of 20.00' to a I)oint oii tlie @,;est side
of a 15' de@dication foi, [-,istei-ii Sliore Road; tlic-,nce alorig
the dedication N 14037'49" @,!, a diqtance of 185.86' to a
point; tlience S 830 30'42" E, a distaiice oF 23.06' to a
point aii tlie @vest side of tli2 old riqiit oi@ waly of Eastern
Shor(, IZo@td; tlieiicc, ilong the @@@est ri-ght of @,,av r4.11050,00"
W, a distatice of 179.05' to a I)o@irit; til(liic,(, @1-19029'00" t4,
a distaiice of 601..03' to a poirit oii the so@itli riglit of @,iay
of Wilci@,ic)od Drive; tli(,.tice alot@g tlic-, south i-igl)t of way of
Wildwood Drive N 76018'00" E, a distance of 30.15' to the
point of begiiining, contaiiiing 0.767 acre.
1. That no inconvenience @qill i,esult to any persons by reason of said
closing, vacation, and discontitILiance of said street; and the petitioner prays
that this Honorable Council.appoint vie-viers as provicled I)y law to view said
platted street proposed to be closed in(i to i,eport iii @-.,riting to tlie Council
on such date Couticil sliall appoint as to i,@lic@tlir in tlic opinion of tlie Vimqers,
wliat inconvc,,nience, if any, @,iould result fi@oiii tlie discoiltinuance and closing of
this portion of said street, as herein reported and described.
2. Tliat on the 16tli day of llarch, 1977, Noticc@ of tlie presenting of
this Application v,,as posted at the Courtliouse of tlie Circuit Court of the City
of Virginia Beacli, Virginia; on the premise, to be closed; and at the City Hall
Annex, 19tli Sti,ect and Arctic Avenue, Vii,ginia Beacli, Virginia, as evidenced by
tlie Affidavit attAched @i(,t,eto, aiid a copy of sa-id Not-ice.
Respectfully subtiiitted,
CITY OF VIRGI@@IA BEf,,Cll, VIRGINIA
B
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WIIEREAS, the City of Virgiiiia Bezicli, Virginia, fias given (Itic and
proper notice, in accord@itice with the stat@ites for sucli cases itiade and pi-o-
vi(lod that they will on tlic 28th day of Ilarcii 1977, apl)ly to the City Council
of tlie. City of Virginia Beach, Virgiiiia, for tile al)poiiitiiient of Viet.,,ers to
viekq the bolo@i-described [)rope-rty aiid i,epdi@t in @qriting to the Council wilether,
in the opinion of said Viewers, any, and if any, wliat inconvenience would result
fropi tlie discontiriuance of the hereinifter described portioti of that certain
sti,eet of variable width, and lias filed sucli application with said Council.
N014, TtiEREFORE, be it ORDAINID by the Council of the City of Virginia
Beach, Virginia:
That Mr. 6eo@gb E. Tinhes,
"r. C. Oral-Lambert and -Mr. lbbert J. Sebtt
are hercby appointed to view tlie I)elow-described p)@opei-ty ai)d @,oport in writilig
to tlie Council on stich date Council shall appo.int, wliether in their opinion, any,
and if any, wliat inconveiiience viould result in the discoritinuing and vacating of
a poi-tion of tliat certain street located iii the City of Virginia Beach, Vir(' *
,Iinia,
and more particularly described as follows:
Parcel 1.
Point of beginnii)g beiiig the north riglit of way of Wildwood
Drive (Rte #640) at its ititei@section @-iith tlie east right of
way of Easter'n Sliore Poad (fornierly Old Gi,eat @@eck Road) as
shown in @'ial) Book 16, at Pa(ie 88, tlicnce in a i)orthwesterly
directioti along the east right of v@ay of Eastern Sliore 0 Road
N 9030' l@l a distancc, of 149.20' to a poiilt; thense N 5 15'
E, a distance of 154.70' to a point; tlience [@ 18 35' E, a
distance of 905.60' to a point; tlisnce N 14025' E, a distance
of 177.80' to a poiiit; tl)ence N 10 30' E, a distaiice of 181.60'
to a point; therice N 13039' F, a distance of 330.71' to a point
On tile SOLithei,n right of w,@y litie of Old Doiiation Parkviay; thence
along the southern riglit of %qay line of Old Doilation llat-[,way to
the @.iest rig@it of @qay line of Eastei,n Shore Road S 76 032' VI, a
distance of 33.71' to a point; tlience iii a sotithci@ly dii-ection
aloiig tl)e %,jest right of way Iiiic@ of Easterii Shorc,, Road S 13039'
W, a distaiicc,, of 316.17' to a f)oilit; tlience S 10030' @@l, a dis-
tance of 181.40' to a poitit; tlir,ric(', S l@l 0 25' W, a distance of
175.68' to a [)oitit; ttipnce S l(io35' I,!, ci distance of 903.02' to
a point. tlietice S 5015' t@l, a dist@ance of IC)2.09' to a point;
0
theiice s 9 30' E, a di.,;tatice of 155.6@' to a poiiit oii tlie iiorthern
right of i@,,,Iy line. of [)I-ive; th(,iice in a, iiortl,eisterly
direction @iloiirl t@i(,. rioi-tli rig@)L of @,jiy lii@e of I-Iildktoo(i Di@ive to
the casi@ci@ii of @,@@iy lil@(, of Eastcrii Stioi,e Roa(i 1,1 75038' F, a
(listance of 30.)1' to tlie 1)oin[ oF I)c@(jititiing, coiitlinitig 1.308
acres.
llai-cel 2.
Point of bcgiiiii-ii)(i t)CitICI tll(@ SOLItIl l@igilt of @,lay of l@l-ilci@,,,ood
I)rive (Rtc2 "@@640) it its intc-,i-section thc@ east right of
@qay of EAstcl@'ll Sliot-(2 [Zo@id (foi,iii(@i@ly Old C,@pe llciiry Ro@id) as
sliown iii Boo[, 44, @tt Pa@le 3,@); tlieilce @l@loliq tlic eist r-i@jilt
of t-iiy of E@isterti Slioi,e l@oad S Ig)29'00" E, a-distance of
600.00' Lo a point@; tl)Liice S 11050'00" E. @l clistance of
313.67' tc) a point; tl)ence s 'lflo37'49" E, a distance of
29.40' to a poiiit; tiiciice N 76 52'00" E, a distance of
15.00' to thc east )idc, of a 15' dedicatioii; thence along
tlie declication S 14037'49" E, a distance of 33.84, to tlie
pi,ojected t)ortli i,ight of viay of Long Bri(ige Laiie; tlience
aloti@ tli(@ pi@ojecte(i noi-th i-iglit of @-iay of Loiig Bri(ig(,' Laiie
S 75 22'11" U, a distatice of 80.00' to tl)e. b-cgini)ii@g of
i,aditis on Loiig Bridge Lane; tfieiice 31.42' a-loiig tlie ai@c
of a cur,ve to tl)e left witli a tangent beai-itig of N75c22'
11" E and a i-aditis of 20-00' -Lo a point oii tlie west side
of a 15' d(-,dicatioti for Eastern S@iore Roa(f; thence along
the dedication N 14037'49" W, a distance of 185.86' to a
point; ttielice S 83 030'42" E a distance oT' 23.06- to a
point on tlie @.iest side of t@le old right of way of Eastei,n
Shore Road; theiice along the west rigilt of wiy 140 11050,00"
W, a distance of 179.05' to a I)oint; tli nc [,! 9 29'00" t4,
a distance of 601.03' to a poitit on the sout@i right of way
of llild@qood Drive; tlience alotig the SOLiti,@ riglit of way of
Wildwood Drive N 76018'00" E, a distatice of 30.15' to tlie
poiiit of beginiiiiig, coiitainiiig 0.767 acre.
Adopted by the Council of tlie City of Vii@ginia Beach, Vi rgiiiia, on tlie
@l/@'@day of 1977
ITEM #10614
On motion by Councilman Payne, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice laayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to adopt the following Resolution authorizing
the City Manager and City Clerk to execute a certain agreement
relating to Virginia Electric and Power Company Easements, @lunicipal
Complex and Green Run Fire Station Site:
The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the Administra-
tion Building on the 28 day of 19 77
I
On motion by Councilman Payne and seconded by
Councilman Baum. the following Resolution was adopted.,
A RESOLUTION AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE
A CERTAIN AGREEMENT RELATING TO
VIRGINIA ELECTRIC AND POWER COMPANY EASE-
MENTS, MUNICIPAL COMPLEX AND GREEN RUN
FIRE STATION SITE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager and the City Clerk are hereby
authorized to execute an agreement, a copy of which is attached
hereto relating to Virginia Electric and Power Company easement., municipal
complex and Green Run fire station site.
ADOPTED by the Council of the city of Virginia Beach,
Virginia, this 28 day of @larch 19 77
APPROVED:
Mayor
ATTEST:
City Clerk
ITEM #10615
The foll.wi.g pe@s.ns appe.r.d i. fa,.r of thi. rdinan..:
Mr. Robert D. Y.tes, Sr.
Mr. Richard Coradi
Re@e@e.d S. B. Strickland
R.@e@end Don Waldrup
Mr. Edwa,d Maynard .1.. appear.d r.g.rding thi. rdinan@e
On motion by C.u.cil@..an Ob.r.d.rf, seconded by Vi.e Mayor Standi.g,
and by re..rded vote as f.llo@s:
Ayes: Co ... il.en John A. B.um, Robe@t B. Cromw@ll, Jr., Georg. R.
F.rrell, Mayor Clar.n@ A. Holla.d, J. Ilenry McCoy, Jr., C.u.@il-
@.m.. Meyera E. Ob.r.d.rf, J. C.@ti. P.y.@, Rog@, L. Rigg., Vi@e
Mayor P.t,i@k L. Sta.ding, and Floyd E. Wate@field, Jr.
liays: C.uncilma. J.hn R. Griffin
Absent: No..
City Co..cil @.ted to appr.ve th, f.11.@ing rdin..ce t. ame.d and
@eord.i. Article IV f Ch.pter 18 of th. C.de of the City f Virgini.
B ... h, Virgini., p@@t.ini-9 t- Soli.it.ti.. f Cont@ib.ti.n@:
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE
IV OF CHAPTER 18 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING TO
SOLICITATION OF CONTRIBUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article IV, of Chapter 18, of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Sec. 18-30. Definitions.
Unless a different meaning is required by the context, the following
terms as used in this chapter shall have the meaninas hereinafter respectively
ascribed to them:
(1) "Charitable organization" - Any person which is or holds itself
out to be organized or operated for any charitable purpose, or any person which
solicits contributions from the public. This definition shall not be deemed to
include any church or convention or association of churches, primarily operated
for non-secular purposes and no part of the net income of which inures to the
direct benefit of any individual; nor shall it include any political party as
defined in Section 24.1-1, Code of Virginia (1950), as amended, or any political
coninittee required by local, State or Federal law to file a report or statement
of contributions and expenditures; nor shall it include any labor union registered
under Section 40.1-76, Code of Virginia (1950), as amended, nor any trade associa-
tion, by authority of such organization, solely on behalf of a registered or exempt
charitable organization or on behalf of an organization excluded from the definition
of charitable organization.
(2) "Charitable purpose" - Any charitable, benevolent, humane, philan-
thropic, or eleemortsynary purpose and the purposes of influencing legislation or
influencing the actions of any public official or instigating, prosecuting, or
intervening in litigation.
(3) "City Manaqer" - The Citv Manacter or a member of his staff t. ho.
(4) "Contribution" - Any gift, bequest, devise or other grant or
any money, credit, financial assistance or property of any kind of value,
including the promise to contribute, except payments by the membership of an
organization for membership fees, dues, fines or assessments, or for services
rendered to individual members, and except money, credit, financial assistance
or property received from any governmental authority. The term "contribution"
shall not include any donation of blood or any gift made pursuant to the Uniform
Anatomical Gift Act.
(5) "Federated fund-raising organization" - Any federation of independent
charitable organizations which have voluntarily joined together, including but not
limited to a United Fund or Community Chest, for purposes of raising and distributing
money for and among themselves and where membership does not confer operating
authority and control of the individual agencies upon the Federated group organization.
(6) "Fund-raising expenses" - The expenses of all activities that con-
sti tute or are an integral andins eparable part of a so l ic i tation.
(7) "Membership" - Those persons to whom, for payment of fees, dues,
assessments, etc., an organization provides services and confers a bona fide right,
privilege, professional standing, honor or other direct benefit, in addition to
the right to vote, elect officers, or hold offices. The term "membership" shall
not include those persons who are granted a membership upon making a contribution
as the result of solicitation.
(8) "Parent organization" - That part of a charitable organization
which coordinates, supervises or exercises control over policy, fund raising, and
expenditures, or assists or advises one or more chapters, branches or affiliates.
(9) "Person" - Any individual, organization, trust, foundation, associa-
tion, partnership, corporation, society, or other group or combination acting as
a unit.
(10) "Professional fund-raising counsel" - Any person who for a flat
fixed fee under a written agreement plans, conducts, manages, carries on, advises
or acts as a consultant, whether directly or indirectly, in connection with soli-
citing contributions for, or on behalf of, any charitable organization, but who
-2-
actually solicits no contributions as part of such services. A bona fide salaried
officer or employee of a registered parent organization shall not be deemed to be
a professional fund-raising counsel.
(11) "Professional solicitor" - Any person who, for a financial or other
consideration, solicits contributions for, or on behalf of, a charitable organization,
whether such solicitation of contributions is performed personally or through his
agents, servants, or employees or through agents, servants or employees specially
employed by, or for a charitable organization, who are engaged in the solicitation
of contributions under the direction of such person, or any person who, for a finan-
cial or other consideration, plans, conducts, manages, carries on, advises or acts
as a consultant to a charitable organization in connection with the solicitation of
contributions but does not qualify as a professional fund-raising counsel. A bona
fide salaried officer or employee of a registered or exempt charitable organization
or a bona fide salaried parent organization shall not be deemed a professional
solicitor.
(12) "Sale," "sell" and "sold" - The transfer of any property or the
rendition of any service to any person in exchange for consideration, including
any purported contribution without which such property would not have been trans-
ferred or such services would not have been rendered.
(13) "Solicit" and "solicitation" - The request or appeal, directly or
indirectly, for any contribution on the plea or representation that such contribu-
tion will be used for a charitable purpose, including without limitation, the
following methods of requesting such contributions:
(a) Any oral or written request;
(b) Any announcement to the press, over the radio or television,
or by telephone or telegraph concerning an appeal or campaign to which the public
is requested to make a contribution for any charitable purpose connected therewith;
(c) The distribution, circulation, posting or publishing of any
handbill, written advertisement or other publication which directly or by impli-
cation seeks to obtain public support;
-3-
(d) The sale of, offer or attempt to sell any advertisement,
advertising space, subscription, ticket, or any service or tangible item in
connection with which any appeal is made for any charitable purpose or where the
name of any charitable organization is used or referred to in any such appeal as
an inducement or reason for making any such sale, or when or where in connection
with any such sale, any statement is made that the whole or any part of the proceeds
from any such sale will be donated to any charitable purpose.
Solicitation,as defined herein, shall be deemed to occur when the request
is made, at the place the request is received, whether or not the person making the
same actually receives any contribution.
Sec. 18-31. Registration of charitable organizations.
(A) Every charitable organization, except as otherwise provided herein,
which intends to solicit contributions within the City of Virginia Beach, or have
funds solicited on its behalf, shall, prior to any solicitation, file an initial
registration statement with the City lianager upon forms acceptable to him. Each
registration statement shall thereafter be refiled on or before the first day of
the fourth calendar month of the next and each following fiscal year in which such
charitable organization is engaged in solicitation activities within the city. It
shall be the duty of the president, chairtnan or principal officer of such charitable
organization to file the statements required herein. Such statements shall contain
the following information:
(1) The name of the organization and the purpose for which it was
organized.
(2) The principal address of the organization, the address of any
officers in the City of Virginia Beach and its designated agent for process within
the Commonwealth. If no such agent is designated, the organization shall be deemed
to have designated the Secretary of the Commonwealth. If the organization does not
maintain an office, the name and address of the person having custody of its financial
records.
(3) The names and addresses of any chapters, branches or affiliates
in the city.
-4-
(4) The place where and the date when the organization was
legally established, the form of the organization, and a reference to any deter-
mination of its tax-exempt status under the Internal Revenue Code.
(5) The names and addresses of the officers, directors, trustees
and the principal salaried executive staff officer.
(6) A copy of a balance sheet and income statement, with the
opinion of an independent public accountant for the organization's immediate
preceding fiscal year, or a copy of a financial statement certified by an independent
public accountant covering, in a consolidated report, complete information as to all
the preceding year's fund raising activities of the charitable organization, showing
the kind and amount of funds raised, provided, no charitable organization which has
registered with the City Manager for the current and next preceding three years, or
is exempt from such years under Section 57-40.3, Code of Virginia (1950), as amended,
shall be required to file any financial information. The report required by this
subparagraph shall comply with the accounting standards prescribed pursuant to
Sec. 18-34.
(7) A statement showing the computation of the percentages provided
for in Sec. 18-36 and Sec. 18-39.
(8) A statement indicating whether the organization intends to
solicit contributions from the public directly or have such done on its behalf by
others.
(9) A statement indicating whether the organization is authorized
by any other governmental agency within the Commonwealth to solicit contributions
and whether it, or any officer, professional fund-raiser or professional solicitor
thereof, is or has ever been enjoined by any court or otherwise prohibited from
soliciting contributions in any jurisdiction.
(10) The general purpose or purposes for which the contributions
to be solicited shall be used.
(11) The name or names under which it intends to solicit contributions.
(12) The name of the individuals or officers of the organization
who will have the final responsibility for the custody of the contributions.
-5-
(13) The names of the individuals or officers of the organization
responsible for the final distribution of the contributions.
(14) A statement indicating whether the organization, or any
officer, professional solicitor or professional fund-raiser thereof, has ever been
convicted of a felony and, if so, a description of the pertinent facts.
(B) Each chapter, branch, or affiliate located in the City of Virginia
Beach,except an independent member agency of a Federated fund-raising organization,
shall separately report the information required by this section or report the
information to its parent organization which shall then furnish such information
as to itself and all local affiliates, chapters and branches in a consolidated form.
(C) Each Federated fund-raising organization located in the City of
Virginia Beach shall report the information required by this section in a consoli-
dated form. Any Federated fund-raising organization may elect to exclude from its
consolidated report information relating to the separate fund-raising activities
of all of its independent member agencies. No member agency of a Federated fund-
raising organization shall be required to report separately any information contained
in such a consolidated report; provided, however, that any separate solicitation
campaign conducted by, or on behalf of, any such member agency in the city shall
nevertheless be subject to all other provisions of this chapter.
(D) The registration forms shall be verified under oath or affirmation
by an authorized officer of the charitable organization.
(E) Every charitable organization which submits an independent registration
to the City Manager shall pay an annual registration fee of ten dollars ($10.00). A
parent organization filing on behalf of one or more chapters, branches, or affiliates
or a Federated fund-raising organization filing on behalf of its member agencies
shall pay a single annual registration fee. All fees paid hereunder shall be credited
to the Office of the City Manager, for reimbursement of administrative expense.
Sec. 18-32. Reciprocal agreements.
(A) Any charitable organization, having no office or place of business
within the city and soliciting in the city from without the city solely by telephone
or telegraph, direct mail or advertising in local or national media, and any
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professional fund-raising counsel or professional solicitor engaged by such an
organization, shall file with the City Manager any report which would otherwise
be required of it, provided such charitable organization maintains an office or
place of business within the Commonwealth of Virginia.
(B) The City Manager may enter into a reciprocal agreement with the
appropriate authority of any other municipality within the Commonwealth of
Virginia for the purpose of exchanging information with respect to charitable
organizations, professional fund-raising counsel and professional solicitors.
Pursuant to such agreements, the City Manager may accept information filed by
charitable organizations, professional fund-raising counsel and professional
solicitors with the appropriate authority of another locality within this
Comonwealth in lieu of the information required to be filed by this chapter.
Sec. 18-33. Publication of warning concerning certain charitable organizations.
If the City Manager shall determine that any charitable organiza'@ion,
not registered with his office and not exempt from registration, irrespective of
whether such organization is subject to the jurisdiction of the city, is solicit-
ing in the city, directly or indirectly, by any means including without limitation,
by telephone or telegraph, by direct mail or by advertising in national media, he
may, after ten days' written notice to the charitable organization, cause to be
printed in one or more newspapers published and/or distributed in the city a
notice in substantially the following form:
WARNING - UNREGISTERED CHARITABLE SOLICITATION.
The Organization named below has solicited contributions from area residents for
allegedly charitable purposes. It has not registered with the City tianager of Virginia
Beach as required by law. Contributors are cautioned that their contributions
to such Organization may be used for noncharitable purposes.
A copy of said warning shall immediately thereupon be forwarded to the
Administrator of Consumer Affairs for the Commonwealth of Virginia.
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Sec. 18-34. Records to be kept by charitable organizations.
Every charitable organization shall keep true fiscal records for all
fiscal years beginning on and continuing after the effective date hereof, in
accordance with the standards set out in Section 57-40.6, Code of Virginia (1950),
as amended. Such records shall be retained for a period of at least three years
after the end of the period to which they relate.
Sec. 18-35. Written contracts.
(A) Every contract or agreement between professional fund-raising counsel
and a charitable organization must be in writing and shall be filed with the
City Manager within ten (10) days after such contract or written agreement is
entered into.
(B) Every contract, or a written statement of the nature of the arrange-
ment to prevail in the absence of a contract, between a professional solicitor and
a charitable organization shall be filed with the City Manager within ten (10) days
after such contract is entered into or such arrangement is agreed to.
(C) All agreements and arrangements between professional fund-raising
counsel and charitable organizations must be reduced to writing before executed
or acted upon.
Sec. 18-36. Limitations on amount of payments for solicitation activities.
(A) No charitable organization shall pay or agree to pay to a professional
solicitor or his agents, servants or employees in the aggregate, including reimburse-
ment for expenses incurred, a total amount in excess of fiften per centum (15%) of
the gross amount collected by it as a result of his, or their, solicitation
activities or campaigns; nor shall any charitable organization pay or agree to pay
to all professional solicitors retained by it and their agents, servants and
employees in the aggregate a total amount in excess of ten per centum (10%) of
its support received directly from the public in the year in which such services
are performed.
(B) For purposes of this section, the payments to the professional
solicitor shall not include the purchase price to the charitable organization of
-8-
any tangible personal property or services which are resold by the organization
as a part of its fund-raising activities; but the amount so expended by the
organization shall be deducted from the gross amount collected by it, or the
organization's support received directly from the public, before the computation
of the percentage limitation.
Sec. 18-37. Information filed to become public record.
Registration statements, reports, professional fund-raising counsel
contracts or professional solicitor contracts and all other documents and informa-
tion required to be filed under this chapter shall become public records in the
office of the City Manager, and shall be open to the general public for inspec-
tion at such time and under such conditions as the City Manager may prescribe.
A charge not exceeding one dollar ($1.00) per page may be made for any copy of
such documents and information as may be furnished any person by the City Manager.
Sec. 18-38. Prohibited acts.
(A) No charitable organization shall use or exploit the fact of regis-
tration under this chapter so as to lead the public to believe that such
registration in any manner constitutes an endorsement or approval by the City
of Virginia Beach; provided however, that the use of the following statement
shall not be deemed a prohibited exploitation: "Registered with the City Manager
as required by law. Registration does not imply endorsement of a public solicitation
for contributions."
(B) No person shall, in connection with the solicitation of contributions
or sale of tangible personal property or services,represent, or lead anyone by any
manner, means, practice or device whatsoever to believe that the person on whose
behalf such solicitation or sale is being conducted is a bona fide charitable
organizationor that the proceeds of such solicitation or sale will be used for
charitable purposes, if he has reason to believe such not to be the fact.
(C) No person shall in connection with the solicitation of contributions
or the sale of tanaible personal property or services for charitable purposes
represent, or lead anyone by any manner, means, practice or device whatsoever to
believe that any other person sponsors or endorses such solicitation of
-9-
contributions, sale of tangible personal property or services for charitable
purposes or approves of such charitable purposes or a charitable organization
connected therewith when such other person has not given written consent to the
use of his name for these purposes.
Any member of the board of directors or trustees of a charitable
organization or any other person who has agreed to either serve or to participate
in any voluntary capacity in the campaign shall be deemed thereby to have given
his consent to the use of his name in said campaign. Nothing contained in this
section shall prevent the publication of names of contributors without their
written consents, in an annual or other periodic report issued by a charitable
organization for the purpose of reporting on its operations and affairs to its
membership or for the purpose of reporting contributions to contributors.
(D) No person shall denominate any membership fee or purchase price
of goods or services sold, as a contribution or as a donation or in any other
manner represent or imply that the member or the purchaser of such goods or
services will be entitled to an income tax deduction for his cost or any portion
thereof unless (1) there shall have been first obtained a signed opinion of counsel
or an Internal Revenue Service ruling or determination letter holding such cost
to be deductible, or (2) the member or purchaser is informed in writing that such
cost may not be deductible; nor shall any charitable organization, other than an
organization exempt under Sec. 18-41, represent or imply that a contributor
thereto will be entitled to an income tax deduction for his contribution unless
there shall have been first obtained a signed opinion of counsel or an Internal
Revenue Service ruling or determination letter holding gifts to such organization
to be so deductible.
(E) No person shall make any representation that he is soliciting
contributions for or on behalf of a charitable organization or shall use or dis-
play any emblem, device or printed matter belonging to or associated with a
charitable organization for the purpose of soliciting or inducing contributions
from the public without first being authorized to do so by the charitable
organization.
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(F) No professional solicitor shall solicit in the name of or on
behalf of any charitable organization unless such solicitor has:
(1) Written authorization of two officers of such organization,
a copy of which shall be filed with the City rlanager- Such written authorization
shall bear the signature of the solicitor and shall expressly state on its face
the period for which it is valid, which shall not exceed one year from the date
issued.
(2) Such authorization with him when making solicitations and
exhibits the same on request to persons solicited, or police officers, or agents
of the City tianager.
(G) No charitable organization shall accept any contribution exceeding
five dollars in cash or tangible property without providing on request of the donor
a written receipt acknowledging such contribution and personally signed by the
person accepting such contribution.
(H) No person, and no organization of which such person is an officer,
professional fund-raising counsel or professional solicitor, shall solicit within
the city, if:
(1) Such person has been convicted in any jurisdiction of
embezzlement, larceny or other crime involving the obtaining of money or property
by false pretenses or the misapplication of funds impressed with a trust, unless
such person has received a pardon for such offense or the public is informed of
such conviction in a manner approved in writing by the City Planager before any
solicitation occurs; or
(2) Such person has ever been enjoined by any court or otherwise
prohibited from soliciting in any jurisdiction, unless the City Manager shall
first determine in writing thatsuch person is enti tl ed to so] ic it in such juris-
diction at the time of soliciting within the City of Virginia Beach or that the
reason for such injunction or prohibition does not involve moral turpitude.
(I) No person shall solicit within the City of Virginia Beach for the
benefit of any other person located without the city, if such other person refuses
to supply any information which the City Manager deems necessary to assure himself
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that the provisions of this chapter are complied with. A solicitation shall be
deemed to be on behalf of every person who or whi@h receives, directly or indirectly,
more than ten percent (10%) of the gross amount collected.
Sec. 18-39. Excessive fund raising expenses.
Each charitable organization shall, as a part of its registration state-
ment, compute the percentage which its fund-raising expenses for its preceding fiscal
year bore to its support received directly from the public during such year. Fund
raising expenses in excess of twenty percent (20%) of the amount collected shall be
deemed to be unreasonable unless special facts and circumstances are presented showing
that a cost higher than twenty percent (20%) is not unreasonable.
Sec. 18-40. Enforcement and penalties.
(A) Any person who wilfully and knowingly violates or causes to be violated
any provisions of this chapter, or who shall wilfully and knowingly give false or in-
correct information to the City Manager in filing statements or reports required by
this chapter, whether such report or statement is verified or not, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be sentenced for the first offense
to pay a fine of not less than one hundred dollars and not more than five hundred
dollars or undergo imprisonment for not more than six months, or both, and for the
second and any subsequent offense to pay a fine of not less than five hundred dollars
and not more than one thousand dollars or to undergo imprisonment for not more than
one year, or both.
(B) The City Manager, upon his own motion or upon complaint of any person
may investigate any charitable organization, professional fund-raising counsel or
professional solicitor to determine whether such charitable organization, professional
fund-raising counsel or professional solicitor has violated the provisions of this
chapter or has filed any application or other information required under this chapter
which contains false or misleading statements.
(C) Whenever the City Attorney shall have reason to believe that any
charitable organization, professional fund-raising counsel or professional solicitor
is operating in violation of the provisions of this chapter or has knowingly
and wilfully made any false statement in any registration application or statement,
report, or other information required by this chapter or that a charitable organi-
zation, professional fund-raising counsel or professional solicitor has failed to
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file a registration statement required by this chapter, or that there is employed
or is about to be employed in any solicitation or collection of contributions for
a charitable organization any device, scheme, or artifice to defraud or to obtain
money or property by means of any false pretense, representation or promise, or
that the officers or representatives of any charitable organization, professional
fund-raising counsel or professional solicitor have refused or failed after notice
to produce any records of such organization or that the funds raised by solicitation
activities are not devoted or will not be devoted to the charitable purposes of
the charitable organization in addition to all other actions authorized by law,
the City Attorney may bring an action against such charitable organization and its
officers, such professional fund-raising counsel or professional solicitor to en-
join such charitable organization or professional fund-raising counsel or professional
solicitor from continuing such violation, solicitation or collection, or engaging
therein, or doing any acts in furtherance thereof and for such other relief as the
court deems appropriate.
Sec. 18-41. Exemptions.
(A) The following persons shall be exempt from the registration require-
ments of Sec. 18-31 and the requirements of Sec. 18-34, but shall otherwise be
subject to the provisions of this chapter:
(1) Educational institutions that are recognized by the Superin-
tendent of Public Instruction or that are accredited by a regional accrediting
association or by an organization affiliated with the National Commission on
Accrediting, any foundation having an established identitywith any of the afore-
mentioned educational institutions, and any other educational institutions confining
its solicitation of contributions to its student body, alumni, faculty and trustees,
and their families.
(2) Persons requesting contributions for the relief of any
individual specified by name at the time of the solicitation when all of the
contributions collected without any deductions whatsoever are turned over to the
named beneficiary for his use.
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(3) Charitable organizations which do not intend to solicit and
receive, during a calendar year, and have not actually raised or received, during
any of the three next preceding calendar years, contributions from the public in
excess of two thousand dollars or which do not receive contributions from more
than ten persons during a calendar year, if all of their functions, including fund-
raising activities, are carried on by persons who are unpaid for their services
and if no part of their assets or income inures to the benefit of or is paid to
any officer or member. Nevertheless, if the contributions raised from the public,
whether all of such is or is not received by any charitable organization during
any calendar year, shall be in excess of two thousand dollars, it shall, within
thirty days after the date it shall have received total contributions in excess
of two thousand dollars, register with and report to the City Manager as required
by this chapter.
(4) Organizations which have no office within the City of Virginia
Beach which solicit in the city from without the Commonwealth of Virginia solely by
means of telephone or telegraph, direct mail or advertising in national media.
(5) Organizations which solicit only within the membership of
the organization by the members thereof.
(6) Organizations which have registered with the Administrator
of the Office of Consumer Affairs of the Commonwealth of Virginia or organizations
which are a chapter, branch or affiliate included in the consolidated report of an
organization or Federated organization which is so registered with said Administrator.
(B) No charitable organization shall be exempt under this section un-
less it shall submit, before any solicitation in any calendar year, to the
City tlanager on forms to be prescribed by him, the name, address and purpose of
the organization and a statement setting forth the reason for the claim for exetnp-
tion. If exempted, the City Manager shall issue, annually, a letter of exemption
which may be exhibited to the public. No registration fee shall be required of
any exempt organization.
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eased.
Sec. 18-42. LiabilitY imposed by other laws not decr
Nothing contained in this chapter shall be construed as making lawful
any act or omission which is now unlawful, or as decreasing the liability, civil
or criminal, of any person, imposed by existing laws.
Sec. 18-43. Application to court for relief.
Any person aggrieved by any final order of the City Mahager, denying
such person any right to which he is entitled under law, may within fifteen days
from the date of such order, apply for relief to the Circuit Court of the CitY
of Virginia Beach. Either party may appeal any final order to such court in the
same manner as provided by law in cases other than cases of appeals of right.
Sec. 18-44. Severability.
If any provision of this chapter, or the application of such provision
to any person or under any circumstances shall be held invalid, the remainder of
this chapter, or the application of such provisions to persons or under circum-
stances, other than those to which it shall have been held invalid, shall not be
affected thereby.
This ordinance shall be in effect from and after the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28th day of March
1977.
ITEM #10616
On motion by Councilman Waterfield, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, blayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Na,ys: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Article II and III, Chapter 16, of the Code of the City of
Virginia Beach, Virginia:
Requested by: City Manager
AN ORDINANCE TQ AMEND AND REORDAIN
ARTICLES II AND III, CHAPTER 16, OF
THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Articles II and III, of Chapter 16, of the Code of the City of
Virginia Beach, Virginia, are amended and reordained as follows:
CHAPTER 16
FIRE PROTECTION
ARTICLE II - Fire Prevention Code
Section 16-5, Adoption by Reference - Amendment.
Pursuant to the provisions of Section 27-5.1, Code of Virginia, there is
hereby adopted by the City for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosions, that certain
code known as the BOCA Basic Fire Prevention Code, together with Appendices A, B,
and C, thereto, recommended by the Building Officials and Code Administrators
International, Inc., being particularly the 1975 Edition thereof and the whole
thereof, save and except such portions as are deleted, modified or amended in
Section 16-6, of which BOCA Basic Fire Prevention Code not less than three copies
have been and are now filed in the office of the City Clerk, and the same is
hereby adopted and incorporated as fully as if set out in length herein, and from
the date on which this Article shall take effect, the provisions thereof shall be
controlling within the limits of the City.
Section 16-6. Amendments, modifications, etc.
The BOCA Basic Fire Prevention Code, adopted by Section 16-5, is amended,
modified and changed as follows:
1. Wherever the words "name of jurisdiction" are used,it shall be held to
mean the City of Virginia Beach, Virginia.
2. Wherever the term "fire official" is used, it shall be held to mean
the Chief of the Fire Department of the City of Virginia Beach, Virginia, or his
duly authorized representative,
3. Wherever the term "legal counsel of the municipality" is used, it
shall be held to mean the City Attorney for the City of Virginia Beach, Virginia.
4. Section F-102.3. Section F-102.3 is hereby amended to read as
follows:
Investigation of fires: The fire official shall investigate,
or cause to be investigated, every fire or explosion occurring
within the municipality that is of a suspicious nature or which
involves the loss of life or serious injury or causes destruction
or damage to property. Such investigation shall be initiated
immediately upon the occurrence of such fire or explosion; and if
it appears that such an occurrence is of a suspicious nature, the
fire official shall take charge immediately of the physical evi-
dence, and in order to preserve any physical evidence relating to
the cause or origin of such fire or explosion, take means to prevent
access by any person or persons to such building, structure or
premises until such evidence has been properly processed. The
fire official shall pursue the investigation to its conclusion.
5. Section F-102.4. Section F-102.4 is hereby amended to read as
follows:
Fire records: The fire official shall keep a record of all
fires and facts concerning the same, including investigation
findings and statistics and information as to the cause, origin
and the extent of such fires and the damage caused thereby.
Investigation reports shall not be open to public inspection
except insofar as the fire official shall permit otherwise.
6. Section F-104.1: Section F-104.1 is hereby deleted.
7. Section F-105.5: Section F-105.5 is hereby amended to read as follows:
Failure to correct violations: If the notice of violation
is not complied with within the time specified by the fire official,
he shall institute the appropriate legal proceedings to restrain,
correct or abate such violation or to require removal or termina-
tion of the unlawful use of the buildings or structures in violation
of the provisions of this code or of any order or direction made
pursuant thereto.
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8. Section F-105.5,2. Section F-105,5.2 is hereby amended to read as
follows:
Correction of violation required: The imposition of the
penalties herein described shall not prevent the fire official
of the municipality from instituting appropriate action to pre-
vent unlawful construction or to restrain, correct or abate a
violation, or to prevent illegal occupancy of a building, structure
or premises or to stop an illegal act, conduct businesses or use
of a building or structure in or about any premises.
9. Section F-201.0. Section 201.0 is hereby amended to read as follows
by adding the following definition;
Overcrowding; Exceeding the maximum occupancy load of
any occupancy as prescribed by this code or the building code;
or the arrangement of occupants in such a manner as to block
any means of egress.
10. Section F-301.1. Section F-301.1 is hereby amended to read as follows:
General: The burning of rubbish shall be prohibited. The
burning of leaves will be pemitted in accordance with Chapter
16, Article IV of the Virginia Beach City Code. Bonfires may be
permitted only under the following conditions and subject to any
air pollution laws adopted by the municipality.
11. Section F-301.2. Section F-301.2 is hereby amended to read as follows:
Permit required: A person shall not kindle or maintain any
bonfire or authorize any such fire to be kindled or maintained
on any premises without having obtained a permit or other proper
authorization from the fire official. All pemits shall be
required by and issued to the owner of the land upon which the
bonfire is to be kindled, or his authorized agent.
12. Section F-305.3. Section F-305,3 is hereby amended to read as follows:
Inside storage: Storage in buildings and structure shall
-3-
be orderly, shall not be within two (2) feet of the lowest
part of the ceiling assembly, and shall be located so as not
to obstruct egress from the building.
13. Section F-308.3. Section F-308.3 is hereby deleted.
14. Section F-311.0. Section F-311.0 is hereby amended to read as
follows:
Materials and equipment:
(a) Except for light sources such as incandescent and gaseous
discharge lamps, it shall be unlawful for any person to sell, offer
for sale, or display for sale for use in the city any electrical
material, device, appliance, or equipment designed or intended for
the consumption, transmission or use of electric current and for
attachment to an installation on any electric current or electric
system in the city, for use in the city, unless such material,
device, appliance or equipment shall have been approved by the
Underwriters' Laboratories, Inc., as indicated by its label,
attached thereto, and also listed in the latest available publi-
cation of its manuel entitled "List of inspected Electrical
Equipment."
(b) It shall be unlawful for any person to install or
connect on any electrical current or electrical system in the
city any wiring, electrical material, device, appliance, or
equipment designated and intended for the consumption, trans-
mission and use of electric current unless such wiring,
electrical material, device or appliance and equipment shall
have been approved as set forth in paragraph (a) hereof.
-4-
(c) Any stamp or label affixed to any such wiring,
material device, or appliance, or equipment indicating
such approval shall be prima facie evidence that the same
complies with the provisions of this section.
(d) The provisions of paragraph (b) hereof shall not
apply to installations and connections made by public
service corporations in their plants and stations used
exclusively for their own business.
15. Section F-503.5. Section F-503.5 is hereby amended to read as
follows:
Elevator warning signs: All elevator lobby call stations
on all floor levels in buildings shall be marked with approved
signs reading as follows: Ute Staieway In Case Of Fire - Do
Not Use Elevators. The requirements of this section shall apply
to existing as well as new buildings.
16. Section F-800.1. Section F-800.1 is hereby amended to read as
follows:
Permit required: A permit shall be obtained from the fire
official for all bowling pin refinishing and bowling land re-
surfacing and refinishing operations.
17. Section F-801.2. Section F-801.2 is hereby amended to read as
follows:
Waste materials: A metal waste can with self-closing cover
shall be provided for all waste materials and rags, and the con-
tents shall be removed from the building at the end of each
working day.
-5-
18. Section F-1600.4, Section F-1600.4 is hereby amended to read as
follows:
Posting of maximum occupancy load: Each place of assembly
shall be posted with an approved legible sign in contrasting
colors, conspicuously located, stating the maximum number of
occupants pemitted within such space. The number of occupants
pemitted shall be detemined by the capacity of the floor area
as set forth in Article 6 of the building.code. Minimum egress
facilities-for assembly octupanties shall be provided as estab-
lishOd ih The owner rator shall be
responsible for installing and maintaining such signs.
19. Section F-1701.1 Section F-1701.1 is hereby amended to read as
follows:
General: Flammable and combustible liquids used or intended
to be used as fuel for motor vehicles shall be stored in under-
ground tanks on the premises in conformance with Article 29.
Flammable and combustible fuel may be stored in approved containers
inside a building provided the total amount does not exceed one
hundred twenty (120) gallons.
20. Section F-1702.2. Section F-1702.2 is hereby amended to read as
follows:
Special dispensers: Automatic Dispensing Units and Self-
Service Gasoline Filling Stations, The installation and use of
coin-operating dispensing devices for Class I flammable liquids
and the operation of a self-service gasoline filling station are
prohibited. No gasoline or other motor fuel shall be dispensed
at or in any automobile filling station, or any public filling
station, or other place of business, by any self-helf, or any
COin-operated pump, or other dispensing device, or by any other
person than by the owner, lessee or a duly authorized attendant
employed by such owner or lessee for such purpose.
-6-
The foregoing prohibitions shall not apply to the dispensing
of motor fuels from facilities which are continually supervised by
qualified personnel, and such supervisions are provided positive
safety control equipment approved by the Fire Prevention Bureau.
Failure to provide required supervision shall be grounds for
immediate termination of permission to operate.
21. Section F-1703.3. Section F-1703.3 is hereby amended to read as
follows:
Nozzles: Dispenser hoses for self-service fueling
operations shall be devoid of any type of device that locks
the nozzle in an open position. All dispenser hoses shall
be equipped with automatic self-closing type nozzles.
22. Section F-2000.3. Section F-2000.3 is hereby amended to read as
follows:
Location: No automobile wrecking yard, automotive graveyard,
junk yard, or waste material handling plant shall be located as to
seriously expose adjoining or adjacent property and shall be fenced
in such a manner as to hide said wrecking yard, junk yard or waste
material handling plant from the public's view.
Before issuing a permit for any building or structure for use
in connection with a wrecking yard, junk yard, or waste material
handling plant, the building official shall obtain the approval of
the fire official under this section.
23. Section F-2001.4. Section F-2001.4 is hereby amended to read as
follows:
Burning operations: The burning of wrecked or discarded
vehicles, or any parts thereof, or junk, or any waste materials
is hereby prohibited.
-7-
24. Section F-2401.5. Section F-2401,5 is hereby amended to read as
follows:
Agricultural products; A person shall not store hay, straw,
or similar agricultural products adjacent to buildings or com-
bustible material unless a cleared horizontal distance equal to
the height of the pile is maintained between such storage pile
and combustible material and/or buildings. Storage shall not be
permitted within fifteen (15) feet of any building opening, means
of egress, glass window, or canopy, Storage shall be limited to
stacks of one hundred (100) tons each. Unlimited quantities of
hay, straw, and other agricultural products may be stored in or
near farm buildings located outside closely-built areas. A pennit
shall not be required for agricultural storage,
25, Section F-2800.3. Section F-2800.3 is hereby amended to read as
follows:
Permit applications: Applications for permits shall be made
in writing at least thirty (30) days in advance of the date of the
display or discharge of fireworks. The sale, possession, use and
distribution of fireworks for such display shall be lawful under
the tems and conditions approved with the permit and for that
purpose only. A perrnit granted hereunder shall not be transferable,
nor shall any such permit be extended beyond the dates set out
therein.
26. Section F-2900.3. Section F-2900.3 is hereby amended to read as
follows:
PeyTnit applications: Except for underground tanks containing
Class III flammable liquids installed in residential areas, the
installation of all underground tanks for the storage of Class 1,
Class II, and Class III flammable liquids shall be inspected by
the fire official and a peynit issued before being covered,
Inspection requests shall be submitted to the Fire Inspector's
Office and written approval obtained prior to coverning. A fee
of $5.00 per tank shall be paid when request is submitted.
-8-
27. Section F-2904.5. Section F-2904.5 is hereby amended to read as
follows:
Testing: All underground flammable liquid storage tanks
shall be subjected to tests as required by the fire official.
Section 16-7. Appeals.
Whenever an application for a permit has been disapproved or not granted
or when it is claimed that the provisions of the BOCA Basic Fire Prevention Code, as
adopted in this article, do not apply or that the true intent and meaning in such
BOCA Basic Fire Prevention Code have been misconstrued or wrongly interpreted, the
applicant or person aggrieved may appeal such refusal or decision from which the
appeal is to be taken,
Section 16-8. New materials, processes or occupancies which may require permits.
The city manager, fire official and the building official shall act as
a comittee to determine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies, which shall require per-
mits, in addition to those now ennumerated in the BOCA Basic Fire Prevention Code,
adopted as provided in this article.
The fire official shall post such lists in a conspicuous place in his
office and distribute copies thereof to interested persons.
Section 16-9. Modifications,
The fire official shall have the power to modify any of the provisions
of the BOCA Basic Fire Prevention Code, adopted as provided in this article, upon
application in writing by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carrying out the strict letter of
such BOCA Basic Fire Prevention Code; provided, that the spirit of such BOCA Basic
Fire Prevention Code shall be observed, public safety secured and substantial
justice done. Such modifications shall be subject to the approval of the city
manager. The particulars of such modifications when granted or allowed and the
decision of the fire official thereon shall be entered upon the records of the
Fire Department and a signed cqpy shall be furnished the applicant.
-9-
Section 16-10, Conflict, etc., with other ordinances.
In the event of conflict or inconsistency between the provisions of the
BOCA Basic Fire Prevention Code, as adopted in this article, and the provisions of
any other ordinance of the city, the more stringent provisions shall prevail.
Section 16-11, When and where copies may be obtained.
Copies of the BOCA Basic Fire Prevention Code, as adopted in this
article, may be obtained at the office of the Fire Department during the regular
business hours.
Section 16-12. Penalties,
Any person who shall violate any of the provisions of the BOCA Basic
Fire Prevention Code, as adopted in this article, or fail to comply therewith, or
who shall violate or fail to comply with any order made thereunder,, or who shall
build in violation of any detailed statement of specifications or plans submitted
and approved thereunder, or any certificate or permit issued thereunder, and from
which no appeal has been taken, or who shall fail to comply with such an order as
affirmed or modified by the city council or by a court of competent jurisdiction,
within the time fixed herein, shall severally for each and every such violation
and noncompliance, respectively, be guilty of a misdemeanor and be punished by a
fine not exceeding one thousand dollars or by imprisionment in jail not exceeding
twelve months or by both such fine and imprisonment.
The imposition of one penalty for any violation shall not excuse the
violation or pennit it to be continued; and all such persons shall be required to
correct or remedy such violations or defects within a reasonable time; and when
not otherwise specified, each ten (10) days that prohibited conditions are main-
tained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
ARTICLE Ill. Underground Tanks for Storage
of Flammable Liquids
Section 16-13. Removal of abandoned tanks.
-10-
All abandoned underground tanks or undergrounds tanks no longer in
use that contain, or contained, flammable liquids shall be removed and, upon
removal, tested for explosive vapors and, if necessary, rendered gasfree before
being disposed of; provided, however, that, where an unreasonable hardship will
accrue, upon application to the city manager with recommendation by the city
engineer together with the fire official , such abandoned tanks may be allowed
to remain underground.
Any owner who shall, after ten days' notice from the fire official
to himself, or to his tenant or occupant, fail to comply with this section shall
be guilty of a Class I misdemeanor and,upon conviction, shall be punished as pro-
vided in section 10-1, Upon such failure, the firo offitial may cause such
removal to be made at the expense of such owner, and the cost thereof shall be
recoverable by suit or action from such person.
Section 16-14. Periodic testing of tanks in use or temporarily out of service;
testing in event of seepage.
The owner, tenant or occupant of any lot within the city where an
underground tank is maintained for the storage of flammable liquids shall test
such tank for tightness, either hydrostatically or with air pressure, as the
fire official shall direct. In the event such tanks are in use, such test shall
be conducted at least once each five years, In the event any tank is temporarily
out of service, such test shall be conducted at least once each year. All such
tests shall be conducted in the presence of the fire official or his designated
representative. If any tank does not pass the above-described test for tightness
and it is ascertained that such tank is leaking, the owner, tenant or occupant
shall make the necessary repairs or remove such tank within forty-eight hours.
Whenever it shall come to the knowledge of the fire official that there
is underground seepage of flammable liquids in any area within the city, the fire
official shall serve notice within that area on the owners, tenants, or occupants
of all lots where underground tanks containing flammable liquids are maintained
that such seepage exists. Upon receipt of such notice, the owners, tenants or
occupants shall immediately cause tests, as described above, to be made on all
such underground tanks.
Any owner, tenant or occupant of such lot who fails to comply with
this section shall be quilty of a Class I misdeme6nbr and, upon conviction,
shall be punished as provided in section 10-1. Upon such failure, the fire
official may cause such tests or removal to be made at the expense of such
owner, and the cost thereof shall be recoverable bv suit or action from such
person,
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 21.th day of March 1977,
ITEM #10617
On motion by Vice llayor Standing, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman John R. Griffin
Absent: None
City Council voted to approve on first reading the following ordinance
to accept $1,318,000 from the Department of Housing and Urban Develop-
ment and to appropriate these funds:
DHY/ci
5/10/76
-12-
P,[,l O I'D I -ro Acci i)i- 3 i8 Ooo.oo
UIZ[if,,N fo@1) FO
i-ill S[ 1-uliDs
I,IliERI-AS, the I)ci),Il'tillellt of liousiiig iiid Url),Ill Dc'velc)[)Illellt (IIUD)
lizis al)i)t,oved sccoiid y(,-ar fliri(ling of tile Coiii@iiuiiity Dc,.velol),i@ont Progi,(Iiii.
f@OW, TI]El',EI-ORF, BE 11 OR[)AT.NED BY 'FIIF COU@ICIL Oi- TIIE Cli-Y 01- VIf@Gli@TA
BEACII, VIRGIIIIA:
1-h,it futiditig fi-(),ii @ITJD [)e E@ccel)tc@d @,tid foi- tlie fc)llo@@ing
I)t)t,i)oses
Totcil
oils
S(-,atacl( Saiiitary Se@-ic,-rage $ 8"o, Go @-c@
Seatack 1-@atei, 84,600.00
Seataci, Sti,eets 35,500.00
QLleeii City tl@iter 4,500.00
Nc,.@,ilig!it SIiii't-,Ett,y Se-v,,era(e 180,000.00
t@ewlialit I-Jatc,.i- 78,3()0.00
Doylc,tci@.@ii I)at'l, 5,000.00
Adiiiiiiisti-,ition ---99,4@0.00
TO]-/\L $1,318,000.00
Tliat tlie appropi,iatiolis 1-lill be finiliced 100% by fede)@al fuiids
fi-oni [iUD, @-iitli no local i-iiatcli I-eqLlil-od.
FII)ST READING: March 28, 1977
SECOND READING:
Adoi)ted by tlic Couiicil of tlie City of Vit,ginia Beacil on tlic
day of 1 9-/ 7.
ITEM #10618
hir. Lee Jones appeared on this matter
On motion by Councilman Cromwell, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Ril-gs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following ordinance to amend and reordain
Section 6-33 of the Code of the City of Virginia Beach, Virginia
relating to surfing:
REQUESTED BY: CITY MANAGER
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-33 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO SURFING.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 6-33 of the Code of the City of Virginia Beach, Virginia,
is amended and reordained to read as follows:
Section 6-33. Where surfing permitted generally.
It shall be unlawful for any person to surf or to have a surfboard in
the City in the littoral waters of the Atlantic Ocean, except as permitted by this
section as follows:
(a) At the city recreation park, Little Island, at places and times as
designated by the director of parks and recreation.
(b) South of Little Island Park to the state line, between sunrise and
sunset, subject to restrictions that may be imposed by the United States in the
area owned by it, and further subject to the provisions of section 6-22.
(c) In the area between the southern boundary of the United States
Naval Reservation, Dam Neck, and the northern line of Little Island Park, between
the hours of sunrise and sunset; except, that between May 15 and September 30,
surfing is not permitted between the hours of 10:00 a.m. and 5:00 p.m.
(d) In the areas north of the northern line of Camp Pendleton to the
southern boundary of Fort Story, between the hours of sunrise and sunset; except,
that between the period of May 15 through September 30, surfing is not permitted
between the hours of 10:00 a.m. and 5:00 p-m. Surfing is permitted in the area
one hundred feet north of the centerline of 3rd Street prolongated eastward
extending one hundred feet north of the centerline of 5th Street prolongated
eastward and in the area eight hundred feet south of the southern jetty of Rudee
Inlet and in the area five hundred feet north of the northern Jetty of Rudee
Inlet between sunrise and sunset.
(e) Surfing is prohibited at all times within three hundred feet north
and three hundred feet south of the Wooden Fishing Pier located between 14th Street
and 15th Street, as well as the area between the north and south jetties of Rudee
Inlet.
An emergency exists and this ordinance shall be effective from the date
of its adoption. irginia Beach, Virginia, on the
Adopted by the Council of the City Of V
28thday of ilarch , 1977.
ITEM #10619
on motion by Councilwoman Oberndorf, seconded by Counc jiman McCOY,
and by recorded vote as fOllOws:
um, Robert B. Cromwell, Jr., George R.
Ayes: Councilmen John A. Ba A. Holland, J. Henry McCOY,
Ferrell, John Griffin, I-layor clarence ne, Roger L.
j. Curtis Pay
Jr. councilwoman Meyera E. Oberndorf, d Floyd E. Waterfield, Jr.
Rig@s, Vice @layor Patrick L. Standing, an
Nays: None
Absent: None n nance to amend Section 5-7
city Council approved the followi g ord i relating t- the establish-
of the Code of the CitY of virginia Beach h Terra@e, Lake
ment of Bird Sanct ar:Les in La eview Shores, La-ke Sms'ttat'es-@nct Lale@
TI,
nd .r..g,,good
smith T rrace-West, n@01"
-ide 130
s o@,es-in the Bays
DHY/ci
3/24/77
Requested by: Mayor Clarence A. Holland
AN ORDINANCE TO AMEND SECTION 5-7
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO THE ESTABLISHMENT
OF BIRD SANCTUARIES IN CERTAIN AREAS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 5-7 (f) is hereby amended and reordained to read , follows:
(f) The subdivisions known as Lakeview Shores, Lake Smith
Terrace, Lake Smith Terrace-West, Thoroughgood and
Thoroughgood Estates and Lake Shotes in the borough of
Bayside.
Adopted by the Council of the City of Virginia Beach on the 28 dav
of @larch 1977.
JDB:er
3-21-77
ITEM M-10620
On motion by Councilman Ferrell, seconded by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Ceorge R.
Ferrell, John R. Griffin, Nlayor Clarence A. liolland, J. Tienry @.IcCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved tax refunds in the amount of $167.05:
@ ,, I j ,-, , r@ 7,,05
To
NAI,fl7 o!, r,%x ?:O. 'j-@ IT
T
1117 7 L), 5 i .-'/7 7,'50
L. Tl,,ttcrsil,, Ji-, '@0,-/7 CD 7
s c! Rtic'e 1977 C@) 5 7@50
-ciin E. Boyd 1.977 C]) 7@50
ace ).I. S@7ertfc-@@,c-,r 1-977 CD 3 7.1, 1--.6,.77 7.50
1.1i,i.iyt D. lio@cy 1977 C!) 8C)J!! J. 7.';o
1977 2 20 3 7
11 @ 01-D
i A. l@0, 7 7 6 --'f. 77 7 7@50
)3urns 1977 C;D 6f)207 2. 7 7 7.50
1\1. P(-,tersen
.L977 CD 251,7,1) 15,00
L@ Ilucls:*Lii Mj,,,@oiiiry Co 1.977 CD " 8 t@-10-77 7.50
L. C;ool, 19-/7 CD 23053 3 -- 7 7 7.50
i:ei,i A. '@977 GI) 214 O@ 6 3,- 7 7 7.50
nice 111. Kov-acs 1977 C!) 2 3 ("'3 3 --Itl,-77 12.50
be3,t E. Day 1977 CD 6@'039 '),-1-77 il.25
evc-,iis lieriii,,,n 1,1. 3.976 9 01@ 0 tl--.10-7 6
'I:'Iic- a
,I@pi:ovf,.C, y
tIl'? CoLilicil of tl@- City
),e,ich 11 tlic @tT@l@!Y O,"I
RI.cl Ci-t@y
ITEM #10621
Councilman McCoy stated he has received calls from several citizens
in the City who were concerned with the City's "red tape".
Councilman @IcCoy asked if perhaps there was something that could be
done to eliminate this problem.
The City Manager stated that he will discuss the matter with the
Director of Permits and Inspections to see if something can be
done to eliminate this problem.
ITEM #10622
On motion by Councilwoman Oberndorf, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to appoint the following to the Mental Ilealth and
l,lental Retardation Services Board - NO TERMS WERE SPECIFIED BY COUNCIL:
Mr. Franklin Leroy Cox
@Ir. Franklin H. Friend
Mr. John Sutherland, Phd
ITEM #10623
On motion by Councilwoman Oberndorf, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice @layor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to reappoint the following to the Library Board
for terms of three years, beginning April 1, 1977 and terminating
March 31, 1980:
Mrs. Joseph Bibla
Mrs. Marvin Dozier
ITEM #10624
On motion by Councilman Griffin, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry @4cCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice @layor Patrick L. Standing, and Floyd E. Ivaterfield, Jr-
Nays: None
Absent: None
City Council voted to appoint @.1r. Frank I. Adkins to the Building
Board of Adjustments and Appeals to fill the unexpired term of Mr.
James L. Craig which expires June 30, 1978.
ITEM #10625
On motion by Vice Mayor Standing, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to hold a Public Ilearing on Monday, April 11,
1977, regarding the proposed budget of the City of Virginia Beach
for fiscal year 1977-1978.
ITEM #10626
On motion by Councilman Ferrell, seconded by Councilman McCoy,
and by unanimous vote, the meeting adjourned.
Ri @)@ilty Clerk Mayor Clarence A. Holland, M.D.
City of Virginia Beach,
Virginia
March 28, 1977