DECEMBER 6, 1976
OTY OF VIRGIIIA BEAC.
MUNICIPAL CENTER
City" VIRGINIA E3EACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B.,..gb HENRY M,COY, ],., D.D.S., K@.p@@ill, B@,..gh
VICE MAYOR PATRICK L, STANDING, A, L.,g, MEYERA E. OBERNDORF, A, L.,g,
JOHN A. BAUM, BI.,k..,@, B@,@,b 1. CURTIS PAYNE, A@@@ B.,..gb
ROBERT B. CROMWELL, J,,, A, L.,g@ ROGER L. R[GGS, Vi,gi@i. B@.cb B.,.@gh
GEORGF R. FERRELI,, A, L.,@ FLOYD E. WATERFIELD, ],., P.@g. B.,@,gh
JOHN R. GRIFFIN, B@,..gb A G E N D A RICHARD 1. WEBBON, Cily Cl@,k
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, December 6, 1976, for the pur-
pose of conducting public business and will hear and act upon the following
items:
1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council
Conference Room.
2. Roll Call of the Council.
3. Motion and Roll Call to recess into Informal Discussion and 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 Nick Morgan, Christ
Presbyterian Church, Virginia Beach, Virginia. Please remain standing
for the Pledge of Allegiance.
5. Roll Call of the Council.
6a. Minutes of the Regular Meeting of November 22, 1976, to be presented for
approval and acceptance.
b. Minutes of the Special Meeting of November 29, 1976, to be presented for
approval and acceptance.
7. No items for second reading.
8a. Public Notice regarding proposed changes in the Charter of the City of
Virginia Beach:
PUBLIC NOTICE
Public Notice is hereby given that the Council of the City of Virginia
Beach will hold a public liearing on December 6, 1976 at 1:00 P.M. in the
Council Chambers, Administration Building, Virginia Beach, Virginia for the
purpose of considering the proposed amendments to the City Charter and
submitting same to the General Assembly. The following is an informative
summary:
Section 2.01 An amendment to broaden the powers set forth in 15.1-837
through 15.1-907, Code of Virginia (1950) and to incorpora te by reference any
amendments to these sections.
Section 7.01 An amendment to establish certain administrative depart-
ments.
Section 8.07 An amendment to change the assessment year for the City of
Virginia Beach, Virginia to the first day of July of each year.
Section 9.04 An amendment to conform this section with Section 8-653 of
the Code of Virginia (1950) as amended providing for notice to the City of
claims for damages or negligence.
Sections 10.01, 10.02. 10.03, 10.04, 11.01, 11.02, 11.03, 12.04, 12.05,
12.06, 17.01, 17.02, 17.03, 18.01, 18.02, 18.03, 18.04, 18.05, 18.06, 18.07,
18.08, 18.09, 18.010, 18.011, 18.012, 18.013, 18.014 and 18.015. An amendment
to repeal these sections providing for certain dedartments within the City.
Sections 15.01, 15.02 and 15.03 An amendment to change the name of the
Department of Far-m and Home Demonstration to the Department of Agriculture.
Any interested person may examine the proposed amendments on file
in the City Manager's office.
Citizens who desire to address the City Council regarding the proposed
amendments should register their names by letter or telephone (427-4304) with
the Office of the City Cl.erk on or before 5:00 p.m., on Wednesday, December 1,
1976, or register with the Deputy City Clerk at the City Clerk's desk in the
Council Chambers before the opening of the Public Hearing at 1:00 p.m. on
Monday, December 6, 1976.
RICHARD J. WEBBON
Cll'Y CLERK
8b. Letter from the City Manager requesting City Council to adopt the
proposed changes for submission to the General Assembly of Virginia.
C. Resolution addressed to the General Assembly of Virginia to implement
the proposed charter changes.
9a. Public Notice regarding an Ordinance to amend and reordain Chapter 29
of the Code of the City of Virginia Beach regarding sewers and sewage
disposal; and an ordinance to amend and reordain Chapter 37 of the Code
of the City of Virginia Beach, regarding water and sewer rates.
b. Letter from the City Manager recommending the adoption of the Ordinance
amending and reordaining Chapter 29 of the Code of the City of Virginia
Beach, Virginia, relating to sewers and sewage disposal; and the adoption
of the ordinance amending and reordaining Chapter 37 of the Code of the
City of Virginia Beach, Virginia, regarding water and water supply; and
requesting authority for the City Manager to continue informational
programs concerning the matters covered in the subject ordinances.
10. Letter from the City Manager conveying the denial of the Planning
Commission of the application df Joesph Lawler, Co-executor of the
Estate of Beatrice Hawkins for a change of zoning from R-5 Residential
District to B-9 Community Business District on certain property located
on the north side of Newtown Road in the Broad Meadows area of Bayside
Borough.
11. Letter from the City Manager requesting authority to sign a deed re-
turning a .69 acre site, subject to any utility easements,in Kemps-
ville Manor to Mr. and Mrs. Jack H. ffarris, the site no longer being
required for a sewage station.
12. Letter from the City Manager recommending that City Council approve the
request of Virginia Beach Skating Club for a raffle permit.
13. Old business, deferred from the previous meeting, including any report
of the Mayor or committees named by Council.
14. New business, including any presentations by Council Members, citizens,
and organizations.
15. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINLA
December 6, 1976
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 Borough, on Alonday, December 6, 1976, at 1:00 p.m-
Council Members present: John A. Baum, George R. Ferrell,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing
Council Members absent: Robert B. Cromwell, Jr.*, and Floyd
E. Waterfield, Jr.**
ITEM #10260
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 real property acquisition
and legal matters.
On motion by Councilman iiccoy, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.,
34eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., and Floyd E.
Waterfield, Jr.
City Council voted to proceed into Executive Session following the
inforr,ial discussion.
*Councilman Robert B. Crornwell, Jr., entered meeting at 1:05 p.m.
**Councilman Floyd E. Waterfield, Jr., entered meeting at 1:10 p.m.
ITE,M #10261
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following Council !Aembers present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Ileyera 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 Nick Morgan, followed by
the Pledge of Allegiance.
ITEM #10262
On motion by Councilman Waterfield, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Council PIembers John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland,
J. Ilenry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: -.'4one
Absent: None
City Council voted to approve the minutes of the regular meeting of
November 22, 1976, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy of the subject minutes.
ITEM #10263
On motion by Councilman Waterfield, seconded by Colincilman Baum,
and by recorded vote as follows:
Ayes: Council Members John A. Bauri, Robert B. CTomwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holl.and,
J. Henry McCoy, Jr., @Aeyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterf@ield, Jr.
Nays: None
Absent: None
City Council approved the minutes of the Special meeting of November 29,
1976, and dispensed with the reading of said minutes inasmuch as each
Council Member had a copy.
ITEM @-10264
The City Clerk read the following Public Notice:
PUBLIC 1"C)'I'IC.E
PLIbliC 140tiCC is licrcl)Y giv(-.Il tilit tl)o Covilicil of the City of Virgi.iiia
Beacli will liold a Public licarinr oii December 6, 1976 at 1 :OC) P.11. in tlie
Council (:Iiaribers, Adininistration Building, Vi.rginia Beach, Vireinia for tlie
purposc of considering the prol)osed amenduieiits to the City Cliarter and
subwitting same to tlie General AE;sembly. The following is aii inforrative
sunimary:
Section 2.01 An ameiidn,.ent to broaden tlie powers set fortli ill 15.1-837
-.tlirougli 15.1-907, Code of Virgiiiia (1950) and to incorporate by refereiice iiiy
amendments to these sections.
Section 7.01 An amendment to establish certain administrative dep art-
tnents.
Sectlon 8.07 An am(,ndmc!iit to cliange tlie .1s@-essnien.t ycar for tlie City of
Virgiiiia Beacli, Virgillia to tlie first day of July of cacti ye@.r.
Section 9.04 An amendmerit to conform this section witli Section 8-653 of
the Code of 111-@inia (1950) as amended providiiig for liotice to the City of
On motion by Vice Mayor Standing, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following Resolution to amend
and re-enact and to repeal various chapters of the Acts of the
General Assembly relating to the Charter of the City of Virginia
Beach, Virginia:
The regular meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Council Chambers of the Administration Building of the City of
Virginia Beach, Virginia on December 6, 1976.
On motion b,y Mr. Standing and seconded by Mr.
Payne the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, it is the opinion of the Council of the City of Virginia Beach
that certain changes be made to the Charter of the City of Virginia Beach; and
WHEREAS, in order to make these changes, legislative action is required
by the General Assembly of Virginia to accomplish these purposes.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That the General Assembly of Virginia is requested to make the
following changes to the aforesaid Charter:
Section 2.01 An amendment to broaden the powers set forth in 15.1-837
through 15.1-907, Code of Virginia (1950) and to incorporate by reference any
amendments to these sections.
Section 7.01 An amendment to establish certain administrative departments.
Section 8.07 An amendment to change the assessment year for the City of
Virginia Beach, Virginia, to the first day of July of each year.
Section 9.04 An amendment to conform this section with Section 8-653 of
the Code of Virginia (1950) as amended providing for notice to the City of claims
for damages or negligence.
Sections 10.01, 10.02, 10.03, 10.04, 11.01, 11.02, 11.03, 12.04, 12.05,
12.06, 17.01, 17.02, 17.03, 18.01, 18.02, 18.03, 18.04, 18.05, 18.06, 18.07, 18.08,
18.09, 18.010, 18.011, 18.012, 18.013, 18.014 and 18.015.. An amendment to repeal
these sections providing for certain departments within the City.
Sections 15.01, 15.02 and 15.03 An amendment to change the name of the
Department of Farm and Home Demonstration to the Department of Agriculture.
2. That a public hearing on the proposed Charter amendments was held at
1:00 p.m., on December 6, 1976, pursuant to Section 15.1-912 of the Code of Virginia
(1950) as amended and the City Clerk gave public notice of such public hearing at
least ten (10) days prior to such hearing.
BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy
of this resolution to each member of the General Assembly representing the City of
Virginia Beach, Virginia.
ITEM #10265
The City Clerk read the following letter from the City Manager:
On November 22, Council authori,,d t],, advertisement of
a public hearing @or December 6 f,r ,nsi6cration of rates
for v,,ater at $1.00 cer 1,000 gal,]-()i-Is with no voluple dif,,coiint
anl a so,,.ier charcfe Of $60.00 a year, or $5.00 a month, for
rc@-,idential tasers.
I am surc tllat Council is a@vare that tll(2 origilial rccnnzion-
dation c)f 13L'ck, Sc-,j-fcrt & Jost r(@co,@lln--nded %-@@iter a-- !:)C-r
1,000 gallons aiid sewcrage at $75.00 l year. It was niv feeling
tllat cucli a dris'l-ic ilicre@isc @@ould bo cntircly toc) e-@ -
:ccssive,
conscqueritly my stil.)scciucnt recc)inpiendatioia Tlie proposed rates
%'ill provide a good ,Ii@irkc@table reveniie bc)lld; l-,o@.iever, revci)ue
bonds @.,,oiild not be 1,-cessElry i@ l@c (lid liot have t@ic cxis-:tiiig
boiid linii-@aticiis of. $10 millioli a year 131u@, 1--lie ar,-,ouiit C)@, debt
re.tircd duriiig -@he year. Tliis restrictio@l doos not giv(,- '@-',,e
Cit), Coliiicil tlie fl-c@:ibility to provide needed scrvices and facil-
ities i-n this city. ;,7Ettc,.i: ind so-%,,er alon(-, a2:.-e antici-p@,ted to be
,@10 'Llillioi@ @, ye@ir for tli(@ rext fi.ve years. Certainly the
scliools, roads, recreationa-l- faciliti(-,s and n-@ianicipal bui"dings
tliat are needed for i cill-v @,:Ilicli l@)Y 10,80 will bc the State's
largest in popul,-Iticii ar(-, cireater tliein $10 ni4-llion a year plus
wliatever is retired that particular year.
Virginia 13each's other bonding restrictions, even though
they arc @ar Y,,icDre rostrictive than aiiy otlier municipalit@,'s, are
sound. flowever, tlic, monetary limitation is caus,'@ng and v;ill- coii-
tintie to cause fiiae,,ncial flc,@.ibility problenis, especially in
iii@-latioiiary periods that we are continuing to experience.
Attached for your information is a copy of the report I
foriiardod to @,ou c)n Novcmber 22, atteinpting to cxplain t'ie com-
plexities oL- municipal revenue IDOriding. Al-,o at'@ached is a
co@y of a letter tlaa-@ aidpoared iii the Virginia Beach Beacon i-n
an effort to explain thd.s recoinmendation 0
what it @,jc)uld meaii iii terms c)f cost to them. It is also my
intent, Couicil's approval, to send this to all utili@-y
users who may not lia-ve read the adverti-senient and to coliti'nue
i-7itli aii inforinal progr,,.m prior 11-0 tlie reco,-J,,,,OIded dat-C of
implementa-lion of Jaiiuary 1.
Therefore, it is reco,,i,@mended thit Courcil aiithori7e me to
continue infoitnati-onal prograris aiid to a6opt the attaclied ordinances
coiiccri)iiicT w,,ter se@@er rziLc-,s. It sl)ould )D(-' poil'-cd otit t-.iiat
tliese ordinances do iiot i@iclude ziny incroase in line foc,.s ()r tap
fec,s.
The following persons appeared in opposition to an ordinance to amend
and reordain Chapter 29 of the Code of the City of Virginia Beach,
Virginia, relating to sewers and sewage disposal; and an ordinance
to amend and reordain Chapter 37 of the Code of the City of Virginia
Beach, Virginia, relating to water supply:
Mr. Arthur Riddell, Homestead Civic League,requesting Council to vote
in opposition to the proposed ordinances.
Mr. Arthur Cloninger, Laural Cove Civic League, requesting a deferral
of ninety days.
Mr. C. G. Ilarris, Tidewater Builders Association-Tidewater Apartment
Council, requesting a deferral of 90 days to appoint a committee to
study the consultants report. The committee would bring their
suggestions back to Council after that 90 day deferral.
Mr. P. W. Malpass, Woodstock Civic League, appeared in opposition
to ordinances.
@,ls. Teri Mikulka, Pembroke Meadows Civic League, informed Council
of the league's opposition to the proposed rate increases.
Mr. Raymond W. Breeden, Tidewater Homebuilders, requesting a
committee be formed to study the proposed increases.
Mr. Conrad Reid requesting Council to deferral the proposed
rate increases for 90 days.
Reverend George T. Stallings, First Colonial Christian Church,
requesting Council oppose the proposed rate increases.
Mr. F. Reid Ervin, North Virginia Beach Civic League, requesting
a deferral to give Council and citizens of the City time to study
the proposed ordinances.
Mr. Gravely appeared in opposition and request a deferral of 90
days.
Mrs. Martha Kessler, President-Kings Grant Civic League, requesting
a deferral in order to form a committee to study the matter.
Mr. Leslie Parr, representing Mr. Mike Henry and the Ocean Park
Civic ue, requesting this matter be put to a referendum.
iMr. J. C. Ransome appeared in opposition to the proposed rate
increases.
Mr. A. - Chewnin , Thalia Civic League,requesting a deferral
to give Council and citizens time to study the proposed ordinance.
Mr. John Wickens, resident of the Mansard Apartments, stated that
the ra e increases would be a hardship on persons with fixed incomes.
Mr. lierbert Kramer, Tidewater Homeowners Association, appeared in
OPPOsi Ion to the ra e increases.
lvlr. Sam Houston stating the rate increase should be deferred for
some time and voiced the opinions of the persons speaking before
him.
Mr. Bruce W. Challen, Acredale Civic League, appeared in opposition
to the proposed rate increase.
Mr. Garland Isdell, President of the Council of Civic Organizations,
appeared in opposition and stated that he feels the City is not
spending money in specific ways or by special priority.
Mr. R. appeared regarding the rate increase.
Mrs. Wood, Doyleway Civ , appeared in opposition and
requested the City Manager and perhaps the Council to appear
at one of their civic league meetings to explain the ordinances
more fully.
AN ORDINANCE TO AMEND A@@'D REORDAIN
CIIAPTER 29 OF TIIE CODE OF TIIE CITY
OF VIRGINIA BEACII, VIRGINIA, RELATING
TO SEWERS AND SEWAGE DISPOSAL.
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 29 of the Code of the City of Virginia Beach is
amended and reordained as follows:
ARTICLE I. SEIVER CONNECTIONS
Sec. 29-1. Connections Required.
The owner of any dwelling or other building in which hu-man beings
live or congregate shall, whenever a public sewer system shall hereafter be
made available b,17 the City, connect such dwelli.ng or building with such
public sewer line within one year after such line becomes available.
If, at tlie time of eiiactment of tliis ordinance, publ4C sewer service
is presently available to any property as defined above, then the owner
shall effect a connection thereto within one year of the effective date
of this ordiy)ance.
It shall be unlawful for any person to empty any sewage or industrial
waste into any well, septic tank, open stream or waterway, upon any other
land or water, or into any non-certificated sewer service, at any time
after connection to the public sewer system as required by this section.
It shall. be unlawful for any person to occupy, lease or rent any
premises in violation of this section. Each day of occupancy or use of
any preinises in violation of this section shall constil--ute a separate and
distinct offense.
Sec. 29-2. Sewer Cleanouts.
(a) All buil.diiigs and dwellings connecting to the public sewer
system sliall have a cleanout installed i-ii their lateral line at
or near the property line served.
(b) Where cleanouts as required in Subsection (a) above are
installed by the City of Virciiiiia Beacli, the charge shall be
as follows for each cleanout installed:
4" $100.00
6" $125.00
Cleanouts in
excess of 6" Cost of labor, material and equipment
plus 25% administrative charge.
Sec. 29-3. Fees.
The following sewer connection and installation fees shall be paid:
(a) Connection to a City sewer line (tap fee):
4" tap $110.oo
6" tap $135-00
Taps in excess
of 6" Cost of labor, material and equipment
plus 25% administrative charge.
The following fees shall also be applicable to presently coilnected
uses or structures whenever a present use or structure is expanded, changed,
or modified. In such cases, the fees shall be determined on the basis of
the total proposed new uses or structures, less a credit for the presently
existing uses or structures at current rates:
(b) Property owners sliare of system installation, where connection
is made to a liiie or pumping station being a part of the system
within the City installed or purchased by the City (line fee):
(1) Single family residences, for the first 1001 frontage
of parcel, for portion thereof ......................... $780.0
For each foot of frontage in excess of 100'; per foot..$ 10.0
In cases where the front footage is 1.5 or more times
greater than the rear yard footage, or vice versa, the
front footage for the purposes of thi.s subsection shall
be determined by adding the "ront and rear yard lengths
and dividing that sum by 2. Whenever a sewer line is
located on two sides of a parcel, the shorter side shall
be the one upon which tlie determination of front footage
shall be calculated. Wlienever a line is located on only
one side of a parcel, tlaat side shall be used for the
purpose of fron@ footage.
(2) Motels, and hotels, and structures with two or ,r,
family residential units:
For the first unit .................................... $780.00
For the next units to 12 units per acre density;
per unit or fraction tllereof ........................ $240.00
For the next units from 13-24 units per acre density;
per unit or fraction thereof ........................ $475.00
For tlie next units from 25-36 units per acre density;
per unit or fraction tliereof ........................ $710.00
For all units over 36 utiits per acre density; per
unit or fraction thereof ............................ $780.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entirc,- parcel. excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescedt homes; per room (calculated
at two beds = one room) ............................. $170.00
(4) Trailers; per space ................................... $240.00
(5) Professional and office buildings; per 600 square feet
of building area .................................... $170.00
(6) Retail stores and shopping centers; per square foot of
floor space .........................................$ .11
(7) Industrial, manufacturijig, wholesale, assembly,
processing aiid distribution facilities, domestic use;
per square foot of floor space ......................$ .11
Separate warehouse facilities used for storage only
where no industrial, maiaufacturing, or processing
takes place; per square fool, of floor space ...........$ .02
(8) Restauraiits - Establishmeiits serving firepared food and
drink:
For the first 10 seats ................................ $780.00
For the next 40 seats; fee per seat ................... $ 22.00
For all seats over 50 seats; fee per seat ............. $ 38.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modificati-on or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shal.1 first be determined by the Department
of Public Utilities, based on similar actual
flows of coinparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flows; then
(ii) Tlais estimated daily flo@,i will be divided by
400, yielding a demand units figure; then
(iii) This demand units figure will be multiplied by
the applicable fee for a sincjle family residence.
(iv) If an estimated flow cannot be accurately determincd,
the Director of Public Utilities is authorized to
accept a deposit in advance of actual flows, with
the fee to be determined a-@ter one year of actual
consumption, as per i-iii above.
(10) Where gravity sewer service is nc)t available to the
property owner, the fees applicabje in subsections (1) -
(9) shall be calculated at one-half those enumerated
above.
(c) Property owners' share of system installation costs where
connection is made to a line or pump station being a part of a
system wi.thin the City install.ed or ptircha,,;ed overall in part
by the City and in part by aiaother party or parties.
These fees will be applied only where the property to be served
is a portioii of the original property for which the sewer lines were
installed by the private party or parties. Further, fec-,s in tliis section
(c) sliall not apply where connection is made to lines purchased by tlie
City of Virginia Beach:
(1) Single family residences; each ........................ $150.00
(2) Motels and hotels, and structures with two or more family
residential units:
For the first units up to 12 units per acre density;
per unit or fraction thereof ........................ $100.00
For all units over 12 units per acre density; per
unit or fraction thereof ............................ $150.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding tlie
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room (calculated
at two beds = one room) ............................. $ 75.00
(4) Trailers, per space ................................... $100.00
(5) Professional and office building; per 600 square feet.$ 75.00,
(6) Retail stores and shopping centers; per square foot of
floor space .........................................$ .03;
1
(7) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use; per square foot of floor space .................$ .03
Separate warehouse facilities used for storage only
where no industrial, manufacturing or processing
takes place; fee per square foot of floor space .....$ .01
I
I
(8) Restaurants - Establishments serving prepared food and
drink:
For the first 10 seats ............................... $150.00
For the next 40 seats; fee per seat .................. $ 4.00
For all seats over 50 seats; fee per seat ............ $ 7.00
(9) In all cases where the use or structure has not been
descri-bed hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use or
structure shall be first determined by the
Department of Public Utilities, based on similar
actual flows for comparable uses or structures,
taking into accoulit the hours of operation, type
of use, location aiid otlier criteria determinative
of estimated flow; then
(ii) This estimated daily flow will be divided by 400
yielding a demand units figure; then
(iii) This demand units figure will be multiplied by the
applicable fee for a single family resider)ce.
(iv) If an estimated flow cannot be accurately determiried,
the Director of Public Utilities is authorized to
accel)t a deposit in advance of actual flows, with the
fee to be determd.ned after one year of actual
consumption, as per i-iii above.
(d) Special sewer line fee for seasonably operated camp sites,
parks connected to any main or interceptor; per camp
@,pace ..................................................... $100.00
(Provided that to obtain such fee, the owner shall enter into a
contract with the City providing that at such future time that
the camp park is converted to year round use, @-ees specified in
paragraphs (b)(4) or (c)(4) shall be applicable and the owiier
shall pay the differeiice in such fees at time of conversion to
year round use.)
(e) In no event shall any line fee for any purpose enumerated@in
paragraphs (b) through (d) above be less than the amount calculabic
if the use in auestion were a single family residence. Where
more than one use or more than oiie strilcture is to occur on a
single parcel of land, the minimum amount shall apply separately
to each individual use or structure.
(f) No building permit shall be valid nor shall any water or sewer
tap be installed for any proderty until fees provided for in this
ordinance shall have been paid.
(g) In the case of existing contract agreements between owners and
the City regardiiig fees and waiver of fees, such agreements shall
remain in effect.
(h) The Director of Public Utilities is hereby authorized to accept
on behalf of the City notes for the payment of such line fe,, as
are due. The terms of sucli notes shall be: one fourtli of the
line fee, in addition to all tap and cleanout fees, given as a
down payment, with the remainder payable in three equal, annual
installments at a rate of interest of eight percent per annum.
Provided, however, that any customer who is chartered under the
regulations of the Internal Revenue Servi.ce as a non-pr,fit
organization and can provo such status, the terms of the no-e to
be accepted may provide for one-fifth down payment, with the
balance due in four equal, annual installments, with a rate of
interest of eight percent per annum.
ARTICLE II. CHARGES FOR MAINTENANCE OF SYSTEM
AND TREATMENT OF SEIQAGE.
Sec. 29-4. System Maintenance Charges.
The following monthly maintenance rates are hereby established with
respect to all property from which sewage is discliarged into lines or
facilities operated or maintained by tlie City.
(a) Residential uses:
(1) Single family residences ................... $ 5.00
(2) Structures with two or more family
residential units, and trailer parks:
First unit or trailer ...................... $ 5.00
Each additional unit or trailer ............ $ 5.00
(3) Hotels and motels; for the first room
provided for occupancy ..................... $ 5.00
Each additional room for occupancy ......... $ 1.67
(4) Camp grounds, for the first space provided. $ 5.00
For each additional space provided ......... $ 1.67
(b) Non-residential uses:
(1) For all non-residential uses in which there is also
supplied public water service, the maintenance charge
shall be determined by the size of the water tap
through which water is provided, as per the following
schedule:
ap Size Monthly Charqe
3/4" $ 5 . 0 0
1 1. $ 6.25
11/2" $12.50
2 $18.75
3 $37.50
4 $6 2 . 5 0
6 $125.00
108 $290.00
$ 4 80 . 0 0
12 $ 73 0 . 0 0
(2) For all non-residential uses in which public water service
is not available, the fee stiall be as follows:
0-4 commodes .................................. $ 10.00
Each additional commode over four; fee per
commode ..................................... $ 1.67
Sec. 29-5. Billing.
The Director of Public Utilities is hereby authorized to bill each
customer no less frequently than on a bi-monthly basis. The charges in
Section 29-4 shall be calculated for each servi.ce period by multiplying
the number of days in the service period by the applicable daily charge
for the rates on a twelve (12) month basis.
The Director of Public Utilities is hereby authorized to send one
bill for sewer maintenance cliarges and water consumption and maintenance
charges to those customers who receive both such services.
Sec. 29-6. Sewage Treatment.
In addition to the cliarges imposed by Section 29-5 there are hereby
imposed uniform charges for sewage treatment as follows:
(a) Where treatment of sewage is performed by the liampton Roads
Sanitation District, the cliarges shall bc, paid to tlie district
in conformity with the rates establislied by the district.
(b) Where treatmcnt of sewage is performed by the City, the charges
shall be:
(1) For each single family residence including trailers and
mobile liomes, $3.00 per month.
(2) For all other structures, the charge shall be equal to those
imposed by liampton Roads Sanitation for like structures.
Sec. 29-7. When bills due; delinquent accounts.
The Department of Public Utilities shall mail or deliver all bills,
but failure to receive such bills shall not prevent the discontinuance of
service if the amount due is not paid within the time limits hereafter set
forth.
All bills shall be due and payable ten days from the date of the
bill. All bills shall be deemed deliriquent if not paid within thirty days
of the date of the bill. A notice of such delinquency shall be mailed to
the owner or occupant of the premises, directing such owner or occupant
to show cause why the premises should not cease discharging sewage or
waste directly or indirectly into the public sewer system. Interest on
all unpaid, past due bills shall accrue at the rate of one per centum per
month.
If within two montlis of the due date of the bill, all charges and
interest are not paid, the water supply system to the premises shall be
disconnected pursuant to Sec. 15.1-321, Code of Virginia, 1950, as amended.
Such charges shall become a lien against the property and shall be collected
according to abovementioned State Code Section.
Sec. 29-8. Reconnection Fee.
If sewer service must be disconnected for non-payment under Section
29-7, service shall not be reinstituted until payment is made to the City
for all arrears plus tlie actual cost for reconnection for labor and
materials and equipment, plus 25% of such costs for administration, by
the person desiring reconnection.
If water service is disconnected to the premises for non-payment of
bills pursuant to Sec. 29-7, then the arrearages and reconnection fee shall
be paid in accordance with Sec. 37-26 of the City Code.
Sec. 29-9. Payment.
In any case where fees required by this chapter are paid by check,
draft, or other instrument and the check or other instrument is returned
for any reason, no tap shall be installed or if already installed, the
sewer service or water usage shall be disconti-iiued until full payriient is
received.
Sec. 29-10. Penalty for Violation of Chapter.
Any person who shall violate any of the provisions of this chapter,
for which there is no other penalty provided, shall, upon conviction
thereof, be guilty of a Class III misdemeanor and eacti days continuation
of a violation shall be considered a separate offense. Any such person
shall furthermore be liable for all damage, loss and expense suffered
or incurred by the City as a result of such violation.
Sec. 29-11. Line Fee Exemptions - For Certain Elderly Persons.
(a) Line fee exemption is provided for certain property owners who
qualify under subsection (b) of this section. The exemption is
to be admiliistered by the City Manager or his authorized delegate,
herein referred to as the administrator. The administrator is
hereby autliorized and empowerea to prescribe, adopt and enforce
rules, regulations, iiacludiiig the requirewent of answers under
oath, as may be reasonabl.y necessary to determine qualificatioiis
for exemption. The administrator rilay require tlie proc3uction of
certified tax returns and appraisal reports to establish income
and financial @-jorth.
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the property for which tlie line fee exemption is
sought must be lield or pirtially held by the applicant at
least one hundred and t%,ionty days prior to the installation
or scheduled date of installation, whichever comes first,
of tlie sewer line.
(2) The owner of the title or partial title is sixt@,-five years
of age or older at least one hundred and twenty days prior
to the installation or sclieduled installation date, which-
ever comes first, of the sewer line.
(3) The dwelling to be connected to the sewer line is th-sole
dwelling of the applicant claiming exemption.
(4) The total combined income of the oviner and the owner's
relatives living in the household during the year immediately
preceeding the installati.on shall be determined by the
administrator, not to exceed six thousand dollars.
(5) The net combined financial worth of the owner or owners
shall not exceed twenty thousand dollars, excluding the
fair market value of the house to be connected to the sewer
line. Net combined financial worth shall include the value
of all assets, includiiig oqui-table iiiterests, of the owner
or owners and of the spouse of the owner or owners.
(c) The persons applying for line fee exemption must file with the
administrator a line fee exemption affidavit, setting forth, in
a manner prescribed by the adininistrator, the location and value
I
of the property to be connected to the line; the names of the
persons related to the owner and Occupying the dwelling; their
gross corabined income and their net combined financial worth.
(d) Where the person claiming exemption conforms to the standards
and does not exceed the limitations contaiiied in this section
the line fee exemption shall- be as shown on the following
schedule:
Total Income, All Sources Exemption
$ 00-00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
$4,001.00 - $5,000.00 40%
%5,001.00 - $6;000.00 20%
(e) If within twelve montlas after the sewer line exemption is
obtained, the applicant's fiiiancial position should change so
that its e@'fect would be to remove the person holding tlie
exemption from @,7ithin the limits and standards of tliis section,
then the person holding the exemption shall refund the a,(Du,t
of the exemptioii to the City.
(f) Any person or persons falselv claiming an exemption or violating
any provision of this section sliall be guilty of a misdemeanor
and upon conviction tliereof shall be punislied by a fine not
exceedilig one thousand dollars or confinement in jail not
exceeding two]-ve montlis or bc)th
Sec. 29-12. Line Fee Exemptions - For Certain Financially Disadvantaged
Persons.
(a) Line fee cxemption is provided for certain financially dis-
advantaged property owners wlio qualify under subsection (b)
of this section. The exemption is to be admiiiistered by the
City Maiiager or his authorized delegate, herein referred to as
the administrator. The administrator is hereby authorized and
empo@qered to prescribe, adot)t and enforce rules and regulations,
incltiding the requirement o@ answers under oath, as may be
reasonably necessary to determine qualifications for exemption.
The administrator may require the production of certified tax
returns and appraisal reports to establish income and financial
worth.
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the property for wliich the line fee exemption is
sought must be held or partially held by the applicant at
least one hundred and twenty days pric)r to the installation
or scheduled date of installation, whichever comes first,
of the sewer line.
(2) The dwelling to be connected to the sewer line is tyesole
dwelling of the applicant claiming exemption.
(3) The total combined income of the owner and the owner's
relatives living i,n the household during the year immediately
preceeding tlie installatioii shill be detormined by the
admi-nistrator not to exceed four thousand dollars.
(4) The net combined finaricial worth of the owner or owners
shall not exceed tweiaty tiiousand dollars excluding fair
market value of the house to be connected to the sewer
line. Net coinbinod financial wor-@li shall include the
value of all assets, including equitable intere--ts, of
the owner or owners and of the spouse of the owner or
owners.
(c) The persons applying for line fee exemption must file with the
administrator a line fee exemption affid@ivit, setting forth, in
a manner prescribed by the a(imi.ni.strator, the location and value
of tlie property to be connected to tlie line, the names of th@
persons related to tlie owner and occupying the dwelling, their
gross combined income and their net combined finaricial worth.
(d) Where the pcrson claiming exemption conforms to the standards,
and does not exceed tlie limitations coiitziined in this ordinaiice,
the line fee exemption sliall bo as shown on the following
schedule:
Total. Income, All Sources ExemIDtion
$ 00.00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
(e) If, within twelve montlis after the sewer line exemption is
obtained, the applicailt'S fill@ll)ciz:tl- I)osition should change so
that its effect would be to remove the person holdiiig tlie
exemption frori witliin tlie liniits and --tandards of tliis section
then the person lioldiiicl tlie cxemption shall refund the amoutit
of the exemptioii to the City.
(f) Aiiy person or persons falsely claiming an exemption or violating
any provision of this section shall be guilty of a misdemeanor
and upoii conviction tliereof sliall be punished by a fille not
exceeding one thousand dollars or confinement in jail not
exceeding twelve months or both.
This ordinance shall be effective on and after January 1, 1977.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1976.
AN ORDINANCE TO P21E@;D AND REORDAIN
CIIAPTER 37 OF TIIE CODE OF TIIE CITY
OF VIRGINIA BEACII, VIRGINIA, RELATING
TO WATER SUPPLY.
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA:
That Chapter 37 of the Code of the City of Virginia Beach, Virginia,
hereby amended and reordained as follows:
ARTICLE I. IN GENERAL.
,@ec. 37-1. Definitions.
(a) Consumer - As used in this chapter, a consumcr shall mean any
person, firin, or corporation to whom water froni the City water
system is supplied directly, (-,itlier as owner, ageiit, or tenant
of the premises to which supplied throiigh a City meter and who
is liable to the City for the payment of charges for the con-
sumption of water so supplied.
(b) water service - As used in this chapter, water service shall be
taken to mean tlic@ delivery of City water to a building, lot, or
premises at the curb; proviaed, that wlien any lot contains more
than ano builoiiig or jaiiy building is divided into separate
functional units, such buildi.ng or lot as the case may be shall
not be aii additional service if it is owned by one person and
all water so used 4s pai.d for by one person; and further provided,
that tlie Director of Publi.c Utilities may specify for ally lot or
building the number of separate water services which is deemed
necessary to meet the requirements for water supply.
(c) Water usage - As used in this chapter, water usage sball be taken
to mean the use or the riglit to use City water del.ivered throligh
a City meter into the bui-lding or dwelling to be serviced.
:,ec. 37-2. Application and contract for consumer service.
The Director of Public Utilities is hereby authorized to furnish water
':ervice to consumers only upon application and contract, signed by the
fjwner, agent, or tenant of the premises connected with the City water
';ystem, agreeing to abide by the City ordinances governing the service and
f,o pay the charges prescribed by law. The application and contract shall
?,e made on printed forms furnished by the Department of Public Utilities,
@,igned by the owner, agent, or tenant desiring to become a consuiner; pro-
vi,ded, however, that the application and contract for consumer service for
iriotels, hotels, and apartment buildings must be signed by the owner thereof
lililess there i.9 a separate meter for each dwelling unit; and provided
I'tirth(:-,r, tliat no application b@, any teneint will be accepted uritil the
Sec. 37-5. Procedure when property is vacated; charges for restoring service..
(a) All owners or their authorized agents after knowledge that their
premises have been vacated shall promptly notify, in writing, the
Department of Public Utilities to shut off the consumer supply of
water thereto, and upon such notification in writing from the
owner, or authorized agent, the Departnient of Public utilities
shall effectually shut off the water to such premises and at the
same time, record the reading of the meter.
(b) When the service is shut off pursuant to subsection (a) above,
there shall be a $10.00 charge for such reconnection.
(c) Any consumer may keep service intact during the vacancy of any
premises by paying the minimum system maintenance charges and
minimum consumption charges set forth in tliis chapter.
(d) Where it is necessary to remove a meter, or where the removal of
a meter is requested by the owner or authorized agent, the charge
for reinstallation of the meter shall be $25.00 for all meters
up to 2"; for all met-ers 2" or greater, cost of labor, materials,
and equipment plus 25% for adininistration.
(e) Whenever service is abandoned, t)-@e charges for reconnection of
service shall be as provided for in section 37-28(a).
Sec. 37-6. Water for construction purposas.
Contractors applying for water usage for buildings for
construction purposes shall pay for the same at the regularly scheduled
consumption, system maintenance, and meter rates, and shall be held respon-
sible for all charges so billed, until such time as the contractor shall
notify the Department of Public Utilities, in writing, to cut off the supply.
Sec. 37-7. Public buildings to have meters; charges for water supply.
All public buildings (including school buildings), state, federal and
municipal, in the City, as may be designated by the Director of Public
Utilities, shall have attached to the supply pipes connecting such buildings
with the water mains of the City such meters, for measuring the water supply
furnished such buildings, as may be selected by the Director of Public
Utilities as being suitable. The water so supplied to such consumers shall
be charged to them, through the proper department or to others having
control of such consumption, at regularly scheduled prevailing rates.
Sec. 37-8. Water meters to remain property of City; repair and replacement
of meters.
All water meters installed by the Department of Public Utilities or
at the request of the Department of Public Utilities shall be at all times
the property of the City and shall be maintained and repaired, when rendered
unserviceable through wear and tear, and renewed by the City; provided,
however, that where replacement, repairs, or adjustments of any meter are
rendered necessary by causes other than ordinary wear and tear, the expense
caused to the City thereby shall be paid by and collected from the consumer
respoiisible for the meter at the premises.
Sec. 37-9. Adjustment of abnormal billing due to leakage.
The Director of Public Utilities is hereby authorized to adjust and
settle such claims against the Department of Public Utilities for abnormal
bills, due to leakage, as will in the judgment of the Director, work an
injustice to the consumer unless corrected.
Sec. 37-10. Waste of water; repair of leaking pipes, etc.
No person shall permit tlie water to run from any hydrant, meter, cock,
or fixture without proper care to prevent waste. If any pipe, hydrant, meter,
cock or other fixture be found leaking, the owner of the premises shall
have the necessary repairs made immediately upon notice thereof from the
Department of Public Utilities so to do, and failure to repair shall require
the discontinuance of water supply until repairs are made.
Sec. 37-11. Extravagant use of water; fixtures to conserve supply.
The City Manager and/or the Director of Public Utilities are hereby
authorized to promulgate reasonable rules and regulations restricting the
use and consumption of water supplied by the City of Virginia Beach, and
may regulate or prohib4t any or all nonessential uses of water.
Violation of any of tlie rules and regulations so established shall,
for a first offense, be punislied as a Class !II misdemeanor- Any second
or subsequent offense shall be punished as a Class II misdemeanor.
'The Manager or the Director may also require the owner or occupant
of any premises to equip and maintain such premi.ses with fixtures of
approved design and quality which prevent inefficient use of water and
conserve the City's water supply.
Sec. 37-12. Turning off water for purposes of repairs.
In case of breaks in the mains, services, pumping machi-nery, reservoirs
or other water works equipment making it necessary to shut off the water,
or when it is necessary to shut off the water for the purpose of repairing,
extending or cleaning the mains, previous notice will, if practicable, be
given, but in no case will aiiy claim for damages due to water being shut
off be allowed.
Sec. 37-13. Use of fire hydrants.
Fire hydrants are provided for the sole purpose of extinguishing fires,
and all persons, except the Department of Fire and the Department of Public
Utilil.ies or such persons as may be specifically authorized by the Director
of Public Utilitio-s are li@,reby prohibited from opening or using the same.
Any person authorized to open fire hydrants shall use only an appropriate
spanner wrench, and shall replace the caps on the outlets when not in use
from the same. Violation of this section shall be considered a Class I
misdemeanor.
Sec. 37-14. Private fire protection systems.
(a) No City water shall be usdd for private fire protection systems
unless the customer installs, at his cost, a detector check valve
and by-pass meter of a type and at a location approved by the
Department of Public Utilities.
(b) The customer shall pay the cost of all labor, materials, and
equipment for any facility installed by the Department of Public
Utilities in order to accopunodate a private fire protection
system, plus 25% of that cost for administration.
(c) No person shall use water from a private fire protection system
other than for extinguishing a fire, without the written colisent
of the Director of Public Ut@-lities. If water from a private
fire protection system is used in a manner not authorized herein,
all %,,ater usaq(- shall be cut off unless such unauthori--ed use is
terminated immediately upon notice from the Departnient of Public
Utilities and pa@@r,,,ent is made for all ;,7ater so used.
I
,(d) No charge shall. be made for watcr used to extinguish fires, but
a $2.50 monthly service fee is hereb@, imposed for reading and
maintaining meters and inspecting tlie systems.
Sec. 37-15. Access to premises supplied with water.
The Director of Public Utilities and his agents shall have free access
at all reasonable hours to all parts of any premises to which water is
supplied to make necessary examinations, repairs, or alterations.
Sec. 37-16. Obstructing valves, manholes, meters, etc.
(a) It shall be unlawful for any person to place upon or about any
gate valve, manhole, fire hydrant, stop cock, meter or meter box
connected with the water pipes of the system of water works, any
object, material, debris or structure of any kind which will
prevent free access to the same at all times.
(b) It shal.1 be the responsibility of the owner or occupant of all
premises upon whicla these facilities are placed that there be a
one foot clearance around all such facilities; provided hoi,-ever
that there be a tliree foot clearance surrounding any fire h),drant.
Sec. 37-17. Turning water on or off; tampering with appliances.
No person, or Iiis agent, except employees of the Department of Public
Utilities, shall cut off or turn on water at any City curb cock or meter
nor remove, disconnect or tamper in any way with any water meter, water
connection, fire hydrant, lock, curb cock or curb box, or any part thereof,
or any other equipment installed by the Department of Public Utilities in
connection with the water system without previous permission, in writing,
from the Department of Public Utilities so to do; provided, that in case
of necessary emergency repair work to be done on any premises, the person
doing such repair work shall be permitted temporarily to turn on or off
the water and upon completion of the work shall leave the water on or
off as before. In such cases, notice of such turning on or off of wate.
shall be given to the Department of Public Utilities as soon as possible.
No person, except employees of the Department of Public Utilities,
shall move any meter or meter box from the location in %,7hich it is placed
by the Department of Public Utilities.
Sec. 37-18. City to make connections.
No person, except the properly authorized agents of the Director of
Public Utilities, shall tap or make any connection with the main or
distributing pipes of the City water works system.
Sec. 37-19. City not responsible for damage.
The City will not be responsible for any damage caused by defective
plumbing or open outlets when water is turned on by the order of the
Director of Public Utilities, or by request of any owner, lessee, or
agent.
Sec. 37-20. Straight connections (a connection witliout meter) in or
outside of meter boxes; changing service pipe from one tap
or ineter to another.
It shall be unlawful for any person to install a straight connection
in or outside of meter boxes where meters have been reinoved, or to change
any service pipe from one tap or meter to another, without first obtaining
permission in writing from the Departmeiit of Public Utilities.
It shall further be unlawful for any person to use water obtained
by methods enumerated in this section, and such consumption shall be
billed to such unauthorized user by determining the estimated actual
consumption and cliarging therefore at the regular consumption rates set
forth in Sec. 37-33.
Sec. 37-21. Cutting off any source contaminating water distr,@'bution system.
The Director of Public Utilities is hereby authorized to cut off the
supply of water from any source within the water distribution system of
the City after the Public Health Director of the City or the Director of
Public Utilities, or his duly authorized agent, certifies that such source
may be a contaminant and a potential public health hazard.
Sec. 37-22. Liability of City; restricting the use of water.
The City shall not be liable for any damage resulting from the bursting
of any main, service pipe or cock, fire h@,drant, nor from the shutting o,-'f
of water for repairs, extensions or connections, or from the accidental
failure of the water supply from any cause whatsoever. In cases of
emergency the City shall have the right to restrict the use of water in
any reasonable manner for the protection of the City and its water supply.
Sec. 37-23. Penalty for violation of chapter.
Any person who shall violate any of the provisions of this chapter,
for which there is no other penalty provided, shall, upon conviction
thereof, be guilty of a Class III misdemeanor, and each days continuation
of a violation shall be considered a separate offense. Any such person
shall furthermore be liable for all damage, loss and expense suffered
or incurred by the City as a result of such violation.
ARTICLE II. BILLING.
Sec. 37-24. Division of City into zones.
The Directot of Public Utilities is authorized to divide the City
into zones, as many as may be expedient, in order to expedite the reading
of the meters and the collection of the water bills.
Sec. 37-25. When water bill payable.
The Director of Public Utilities is hereby authorized to bill all
consumers no less frequently than bi-monthl-y, in accordance with their
location in tlie City for the service rendered, and such bills shall be
due and payable within 10 days from the date of the bills.
The Director of Public Utilities is further authorized to send one
bill for water consuinption and water system maintenance charges along
with charges for sewer system maintenance, to those customers who are
provided with both services.
Sec. 37-26. Default in payment of water bills.
The Department of Public Utilities shall mail water bills, but failure
to receive such bills shall not prevent the discontinuance of service if
the amount due has not been paid @,,ithin the time limit specified hereafter.
Should any bill not be paid when due, the consumer shall be deemed
delinquent thirty (30) days after the date of the bill. The Departnient
of Public Utilities shall notify the consumer in writing of such delin-
quency, and shall direct the consumer to show cause within fifteen (15)
days why water service should not be discontinued.
lqhen water service is discontinued pursuant to this section, water
shall not again be turned on until all arrearages and charges shall have
been paid including a charge of $10.00 for turning the water on, if the
premises are occupied by the same consuiner who incurred the bill; provided,
that any consumer delinquent or in arrears shall settle all past indebted-
hess wherever incurred before again being served City water.
Sec. 37-27. Unauthorized water turn on.
Should the water be cut off from any premises by the Department of
Public Utilities for the non-payment of a bill or for any other cause,
and afterwards be found turned on without autliorization of the Department
of Public Utilities, the service may be discontinued and shall not be
restored until the consumer shall pay all delinquent bills; and in
addition thereto, the sum of $50.00 for reinstitution of water usage.
ARTICLE III. CONNECTION AND INSTALLATION.
Sec. 37-28. Connection required.
The owner of any dwelling or other building in which human beings
live or congregate shall, whenever a public water line hereafter is made
available by the City, connect such dwelling or building with such water
line, within one year after such line becomes available.
If, at the time of enactment of this ordinance, a water line is
available to any property as defined above, then the owner shall effect
a connection thereto within one (1) year of the effective date of this
ordinance.
Sec. 37-29. Connection and installation fees.
(a) Connection to a City water line (tap fee):
3/4" Tap and Meter . . . . . . $220.00
1" Tap and Meter . . . . . . $285.00
11/2" Or larger Tap and Meter Cost of labor, materials, and
equipment plus 25% for admin-
istration.
3/4" Meter and appurtenances only . . . $120.00
1" Meter and appurtenances only . . . $185.00
11/2" Or larger meter and appurtenances
only . . . . . . . . . . . . . . . Cost of labor, materials,
and equipment plus 25%
for adniinistration.
When the installation requires a combination of a different
size tap and meter, the charges will be based on cost of
installation of labor, materials, equinment plus 25% for
administration.
For 11/2" taps, $750.00 shall be placed in escrow by the applicant
and $875.00 for 2" taps shall be Placed in escrow at the time
of application.
For taps in excess of 2", the amount placed in escrow shall be
based on estimate of costs by the Director of Public Utilities.
In any case where a customer desires that an existing tap or
meter be moved, the cost of moving the tap or meter shall be
based on the cost of labor, materials, and equipment plus 25%
for administration. A deposit sliall he placed in escrow in
advance of the estiirated cost as determined by the Department
of Public Utilities.
The following fees shall also be applicable to presently connected
uses or structures whenever a present use or structure is expanded, changed
or modified. In such cases, the fees shall be determined on the basis of
the total proposed new uses or structures, less a credit for tlie presently
existing uses or structures at current rates:
(b) Property owners' share of system installation, where connection
is made to a line or pumping station being a part of the system
within the City installed or purchased by the City (line fee):
(1) Single family residences, for the first 1001
frontage of parcel, or portion thereof . . . . . $500.00
For each foot of frontage in excess of
1001, per foot . . . . . . . . . . . . . . . . . $ 5.00
In cases i,,Iiere the front footage is 1.5 cr more times
greater than the rear yard footage, or vice versa, the
front footage for the purposes of this subsection -@hall
be deteriiiined b@, adding the front and rear yard leng'@hs
and di%-iding that suni by 2. ;@"hc,.nevc-,r a %,7ater linc-- is
lc)cated on two s.i-des of a 1.@arcel, tlie shortor shill 1)(,
the one uidon @,,,hich tli,-, determination of front I.ootage -,)),Ill
be calculated. Whenever a line is 16cated on only one side
of a parcel, that side shall be used for the purpose of
front footage.
(2) Motels, hotels, and structures with two or more family units:
For the first unit . . . . . . . . . . . . . . . . . .$500.00
For the next unit to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . .$160.00
For tlie next units from 13-24 units per acre
density; per unit or f2--action thereof . . . . . . .$315.00
For the next units from 25-36 units per acre
density; per unit or fraction thereof . . . . . . .$470.00
For all units over 36 units per acre density;
per unit or fraction thereof . . . . . . . . . . . .$500.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifainily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes, per room
(Calculated at 2 beds = 1 room) . . . . . . . . . . .$125.00
(4) Trailers, per space . . . . . . . . . . . . . . . . . .$160.00
(5) Professional and office buildings, per 600 square
feet of building area . . . . . . . . . . . . . . . .$125.00
(6) Retail stores and shopping centers; per square
foot of floor space . . . . . . . . . . . . . . . . .$ .09
(7) Industrial manufacturing, wholesale, assembly,
processing aiid distribution facilities domestic
use; fee per square foot of floor space . . . . . . .$ .09
Separate warehouse facilities used for storage onl-y
where no industrial, manufacturing, or processing
takes place shall pay a fee of $.02 per square foot
of floor space.
(8) Restaurants - Establishments serving prepared food and drink:
For the first 10 seats . . . . . . . . . . . . . . . .$500.00
For the next 40 seats;
fee per seat . . . . . . . . . . . . . . . . . . . .$ 15.00
For all seats over 50 seats;
fee per seat . . . . . . . . . . . . . . . . . . . .$ 25.00
(9) In all cases where the use or structure has not been described
hereinabove, line fees for the building, structure, addition,
modification or expansion thereto shall be computed as follows:
(i) The estimated daily flow of the proposed use shall be
determined by the Departr,,ient of Public Utilities, based
on similar actual flows of comparable uses, taking into
account the hours of operation, type of use, location,
and other criteria deterqinative of estimated flow; then
(ii) This estimated daily flo@v will- be divided by 400, yielding
a demand units figure; tlien
(iii) This demand units figure will be multiplied by the
fee applicable to a single family residence.
(iv) If an estimated flow cannot be accurately determined,
the Director of Public utilities is autho-ized to
accept a deposit in aevance of actual floi@@s, with the
fee to be determined after one year of actual con-
sumption, as per (i) thrc)ugh (iii) above.
(c) Property owners' share of system installation costs where
connection is made to a line or pump station being a part of
a system within the City instal.led or purchased overall in part
by the City and in part by another party or parties.
These fees shall only apply when the property to be served is a portion
of the original property for which the sev,,er lines were installed by the
private party or parties. Further, fees in this secticn (c) shall not
apply where connection is made to lines purchased by the City of Virginia
Beach.
(1) Single-family residence; each . . . . . . . . . .$Jgo.oo
(2) Motels, hotels and structures with two or more famil-y
residential units:
For the first units up to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . $ 95.oo
For all units over 12 units per acre density;
per unit or fracti.on tliereof . . . . . . . . . $190.00
Where more than one use occurs on a parcel, density
for motels, hotels or miiltifamil@, shall IDe based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(Calculated at 2 beds = 1 room) . . . . . . . . $ 95.00
(4) Trailers; per space . . . . . . . . . . . . . . . $ 95.00
(5) Professional and office buildings; per 600
square feet of building area . . . . . . . . . $ 95.00
(6) Retail stores and shopping centers; per
square foot of floor space . . . . . . . . . . $ .03
(7) Industrial manufacturing, wliolesale, assembly,
processing and distribution facilities domestic
use;fee per square foot of floor space . . . $ .03
Separate warehouse facilities used for storage only where
no industrial, manufacturing, or processing takes place
shall pay a fee of $.01 per square foot of floor space.
(8) Restaurants - Establishments serving prepared food and drink:
For the first 10 seats . . . . . . . . . . . . . $190.00
For the next 40 seats;
fee per seat . . . . . . . . . . . . . . . . . $ 6.00
For all seats over 50 seats;
fee per seat . . . . . . . . . . . . . . . . . $ 10.00
I
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be determined by the Departnient of
Public Utilities, based on similar actual flows
for comparable uses, taking into account the
hours of operation, typ-- of use, location and
other criteria determinative of esti-mated flow;
then
(ii) This estimated daily flow will. be divided by 400,
yielding a 6emand units figure; then
(iii) This demand units figure will be multiplied by the
fee applicable to a single family residence.
(iv) if an estimated flow can not be accurately deterini.ncC@,
the Director of Public Utilities is authorized to
accept a deposit in advance of actual flo,,,s, with "he
fee to be determined after one year of actual con-
sumption, as per (i) tllrough (iii) above.
(d) Special line fee for seasonally operated camp site parks connec"C@@
to any City water main:
Per camp space . . . . . . . . . . . . . . . . . . . . . .$70.00
Provided that to obtain such fee, the owner shall enter into a contrac,
with the City providii-ig that at such future tin,,e that the camp park is cc).-i-
verted to year-round use, fees specified i.n paragrITDI'.s (b) (4) and (c) (4)
of this section shall becorie applicable and the owii@r shall pay the 6i@@-
ference in such fees at tinie of conversion to year-round use.
(e) In no event shall any line fee for any purpose enumerated in
paragraphs (b) throuch (d) above be less than the amount cal-
culable if the fees in question @,;ere to be determined for a
single family residence. l@i'liere i@iore than one use or more tlian
one structure is to occur on a single parcel of land, the
minimum amount shall apply separately to each individual use
or structure.
(f) No building permit shall be valid nor shall any N,7ater or sewer
tap be installed for any property until fees provided for in
this section shall have been paid.
(g) In the case of existing contract agreements betn,,een owners and
the City regarding fees and waiver of fees, such agreements
shall remain in effect.
(h) The Director of Public Utilities is hereby authorized to accept
on behalf of the City notes for the payment of such line fees
as are due. The terms of such notes shall be: one-fourth of
the line fee in addition to all tap and meter fees, gi%,en as
a down payment, N,,ith the remain(der of the line fee payable in
three equal, annual ins-@allinents at a rate of interest of elc@,ht
percent per anniam. Providc,.d, llowever, that any custoirer who is
chartered under the regulations of tlie Internal l@evenue lervicc
as a non-profit organization and can prove such status, the
terms of the note to be accepted nay provide for one-fifth
down payriient, @,,itli the bal@ince due in four equal, ainuai in-
stallinents, with a rate of- iiiterest at eight pc--rcent per zinnui,-,.
(i) The rates set forth herein shall- be aidplicable to service that is
contracted for after the cor.-,ple4,-ion in ground of any futtire water
line designed for the use of affected property, and on all existing
water lines.
Sec. 37-30. Line fee exemptions - For certain elderly persons.
(a) Line fee exemdtion is ldrovided for certain property owners who
qualify under subsectioi) (b) of this section. Tlic exemption is
to be administered by the city manager or his authorized (lolegate,
herein referred to as the administratc)r. Tlie administrator is
hereby authorized and empowered to prescribe, adopt and enforce
rules and regulatioiis, includii)cj the rc-,quirement of answers under
oath, as inay be reasonably necessary to determine qualifications
for exemt)tion. Thc adiniiii-strator may require the production of
certified tax returns and appraisal reports to establish income
and financial worth.
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the property for whi.ch the line fee exemption is
souglit must be held or partially held by the applicant at
least one hundred and tweiity davs prior to the installation
or scheduled date of installation, whichever comes first,
of the water line.
(2) The owner of the title or partial title is sixty-five years
of age or older at least one hundred and twenty dal,s prior
to the installation or scheduled date of installation, which-
ever comes first, of the water line.
(3) The dwelling to be connected to the water line is tlie sole
dwelliiig of the auplicant claiming the exemption.
(4) The total coml)ined income of the owncr and the owner's rela-
tives living in the hoiiseliold during tlie year immediately
preceding tlie installation shall be determined by the adrrin-
istrator, not to exceed six thousand dollars.
(5) The net combined financial worth of the owner or owners
shall not exceed twenty thousand dollars, excluding the fair
market value of the house to be connected to the water line.
Net conibined financial worth shall include the value of all
assets, incliiding equitable interests, of the owner or owners
and of the spouse of the owner or owners.
(c) The persons applying for line fee exemption must file with the-
administrator a line fee exemption affidavit, setting forth, in
a manner prescribed by the admjiiistritor; the location and value
of the property to be coiinected to thc lille; the names of the persolis
related to the owner and occupyinq tlie dwelling; their gross com-
bined income and their net combined financial worth.
(d) where the person claiminci exemption conforms to the standards and
does not exceed the limi@ations contained in this section the line
fee exemption shall be as shown on the following schedule:
Total Income, All Sources Exemption
$ 00.00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
$4,001.00 - $5,000.00 40%
$5,001.00 - $6,000.00 20%
(e) If,.witliin twelve montlas after the water line exemption is obtained,
the applicant's financial position should chanue so that its effect
would be to remove the person holding the e:Kemption from within the
limits and standards of this section, then the persoil holdilici the
exemption shall refund the amount of the exemption to the city.
(f) Any person or persons falsely claiming ati exemption or violatinq
any provision of this section shall be guility of a misdemeaiior
alid upon convict-'Ion thoreof shall be punished by a fine not e>:ceed-
ing one thousaiid dollars or confinement in jail not exceeding twelve
months or both.
Sec. 37-31. Same - For certain financially disadvantaged persons.
(a) Line fee exempti,on is provided for certain financially disadvantaged
property owners viho qualify under subsection (b) of this secti,oli.
The exemption is to be adr,,inistered by the city nianager or his
authorized delecate, herein referred to as tlie administrator. The
administrator is hereby authorized and empowered to prescribe, adopt
and enforce rules ai)d regulatioiis, including the requirement of an-
swers under oath, as may be reasoii@ibly necessary to determine qual-
ifications for exemption. The administrator may require the pro-
duction of certified tax returns and appraisal reports to establish
incoine and fiiiancial worth.
(b) Exemptions s@iall be granted subject to the following provisions:
(1) Title to the property for @.,,hich the line f(-'e exemption is
sought must be held or Dartd.ally held )@y the apr@llicant at leas'l-
one hundred and t%,,enty @@i@,s I)rior to tlie installalion or
scheduled date of installation, whichever comes first, of the
water line.
(2) The d%-ielling to be connected to the water line is the sole
dwelling of the appli-cant claiming the exemption.
(3) The total combined income of the owner and the owner's rela-
tives living in the houseliold during the year immediately pre-
ceding the installation shall be deterriined by the administra-
tor not to exceed four tlioiisand dollars.
(4) The net combined financial warthof the owner or owners shall
not exceed t@.,,enty thoiisand dollars excluding the fair market
value of the house to be connected to the water line. Net
combined finaiicial i,?orth shall include the value of all'issets,
including equitable interests, of tlie owner or owners an'
d of
the spouse of the owner or owners.
(c) The persons applying for line fee exemption must file with the
administrator a line fee exemotion affidavit, setting forth, in a
manner prescribed by the administrator, the locati.on and value of
the property to be connected to the line, the names of the persons
related to the owner and occupying the dwelling, their gross combined
income and their net combined financial worth.
(d) Where the person claiming exemption conforms to the standards and
does not exceed the limitations contained in this ordinance, the line
fee exemption shall be as sho,,,ii on the following schedule;
Total Income, All Sources Exemption
$ 00-00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
(e) If,@within twelve monthsafter the water line exemption is obtained,
the applicant's financial idositi-on should change so that its ellfcct
would be to remove the person holdiiig the exemdtion from within the
limits and standards of this section then the cerson holding -,lie
exemption shall refund the amount of the exemption to the city.
(f) Any person or persons falsely claiming an exemz)tion or violating any
provision of thissection shall be guilty of a misdemeanor and upon
conviction thereof shall be ptinished by a fine not exceeding one
thousand dollars or confinement iii jail not exceeding twelve months
or both. (Ord. No. 542.)
Sec. 37-32. Meter Service Charges.
Each consumer shall pay a monthly meter service charge as follows for
each meter connecting his premises with the City water system:
Size Monthl@, Charge
5/8" $ .75
3/4" $ 1.00
ill $ 1.95
1 1/2" $ 4.35
2" $ 6 . 0 0
3" $ 12.00
4 $ 2 2 . 0 0
6 $ 4 8 . 0 0
8.1 $ 9 6 . 0 0
101, $ 1 5 2 . 0 0
12" $216.00
Fire Hydrant Meter $ 12.00
Sec. 37-33. Water Usage Rates.
In addition to tlie charges provided for in Sec. 37-32, each consumer shal-l-
pay for water usage at the rate of 75cts for each 100 cubic feet of water
consumed. All consumers shall pay a minimum water usage fee of $2.50 per
month. Where a consumer uses more tlian one meter, the rates prescribed by
this section shall apply separately to each meter.
Sec. 37-34. Payment.
In any case where fees required by this chapter are paid by check,
draft, or other instrument and the check or other instrument is returned
for any reason, no tap shall be installed or if already installed, the
water service or water usage shall be discontinued uiitil full payment is
received.
Sec. 37-35. Test of Water Meter.
Any consumer shall have the right to demand that the meter through
which water is being furnished be examined and ited by the Department of
Public Utilities for the purpose of ascertainii.,,, @,;Iaether or not it i.s
registering correctly the amount of water which is being delivered through
it by such department to such consumer; provided, that when any consumer
desires to have such meters so examined and tested, such consumer shall
make application therefore in writing to the Department and shall deposit
with such application the amount charged for the various sizes, as follows:
Size Fee
5/8" meter No charge
3/4" meter No cliarge
1" meter No charge
1 1/2" meter $ 3 5. 0 0
2" meter $35.00
3" meter $35-00
4" meter $50.00
In excess of 4" meter Estimated actual cost of labor,
materi-als and eqiiipment plus 25%
for administrative cost
If, upon such examination aiid test, the meter shall be found to register
3% or more water consumption than actually passes throligh it, the meter
shall be corrected and the fee cliarged in the application for a test shall
be refuiided to the person inaking the application and the water bill cor-
respondingly corrected. llhenever a meter is out of order and fails to
register, the consumer shall be charged with an average daily consumption
as shown by the meter when in good working order and registering correctly.
Sec. 37-36. Moving tap and meter; cost.
Wheiiever a C-'@ty water main is constructed or extended into a stree,
which an abutting parcel is being provided water service or usage by a ser-
vice line to a non-abutting street, the Department of Public Utilities may
require the water meter and tap to be relocated from its previous location
to a new connection with the abutting water main or extension thereof.
Whenever the City effects such relocation, the consumer shall. pay the
cost of labor, material and equipment, plus 25% for administration.
ARTICLE TV
TE@IINATTON O@F-, @@F@V-f @Ul-ON R,:OUI-,ST
6F PIZ-EVATL@ SL:Iil@C,- DI.SPOS,@L @YSTi-@,S
Sec. 37-37. Applicability.
Any water customer of tlie City of Virginia Beach who has not paid the
applicable rates and charges to any private sewage disposal system company
within the City for servi-ce rendered, and who has been notified pursualit to
State statute to cease disposal of sewage into the system within two months,
may have their service terminated upon request of the private uti.lity in-
volved.
Sec. 37-38. Procedure.
(a) After the statutory period for the ctistomer to ceise disposal of
sewage into the s@,stem has elapsed, the private utillity company
sliall notify the customer in writing that water service sliall be
discontinued bv the City if pa@,meiit for the delin(iuent sewc-,rage
bill is not received by the utility within ten (10) da@,s.
(b) After the ten (10) days has expired, the private utility (@cml)Zlriy
may notify the Department of Public Utilities to turn of@@ water
service to the respective property. A copy of such notificatioll
shall be se.,it to tihc customer.
(c) Within five (5) days after receipt of the notice from the private
utility compaiiy, the Department of Public Utilities will turn off
water service and hziiig a notice of turn-off on the front door of
the premises explaining the reason for discontinuation of service.
(d) Upon notification from the private utility company that service is
to be restored,the City of Virginia Beach will restore said serv'@ce
within one business day.
('e) A charge of ten dollars ($10.00) will be rendered for each reques-I
from the private utility to discontinue service. This charge shall
be billed directly to the private utility comoany. Tle Department
of Public Utilities will not make any monetary collection for privatc
utility companies.
(f) The Department of Public Utilities will not be liable for any damages
resulting from the discontinuance of water service when requested so
to do under this section.
This ordinance shall be effective on and after January 1, 1977.
Adopted by the Council of the City of Virginia Beach, @lirginia,
on the day of 1976.
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ITEM #10267
Api)licatioii of Jose,)h J. La@ilei-, Co-Exectitoi- o" tiie Est@,te of Seatrice
for a c-i cert@,in
PI-C)lll@l't@, I oca 'Lc- Fl@@ J-@ i,, 1, i,@i @i t
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PI(iniiing Co:@,-iissioti Peco@i-.@ici,.dition:
A iiiotiori @.,,is I,,as@eci t),., tlie l i-e(',Dl,cled vote
of 10 to (feii@, t@lis @,s i'L 4, s iii cotifli,'@ @ii'Lh "@ic
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Mr. H. Calvin Spain, Attorney, represented the applicant
Mr. Alanzo A. Adams, resident in the area, appeared in opposition
On motion by Vice Mayor Standing, seconded by Councilman @,IcCoy,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. liolland, J. Henry imccoy, Jr., Meyera
E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Roberi B. Cromwell, Jr., and Roger L. Riggs
City Council voted to deny the above application of Joseph J. Lawler,
Co-Executor of the Estate of Beatrice liawkins, for a Conditional Use
Permit for a mini-warehouse on certain property located on the North
side of Newtown Road beginning beginning at a point 240 feet more or
less West of Haygood Road, running a distance of 108.84 feet more or
less along the North side of Newtown Road, running a distance of 163.5
feet in a Northerly direction, running a distance of 100.88 feet more
or less in a Westerly direction, running a distance of 209 feet more
or less in a Northerly direction, running a distance of 210 feet in
a Westerly direction, running a distance of 120 feet in a Southerly
direction, running a distance of 39 feet in a Westerly direction,
running a distance of 119 feet in a Southerly direction, running
a distance of 211.59 feet more or less in a Westerly direction,
running a distance of 662.63 feet along the Western property line,
running a distance of 860.29 feet along the Northern property line,
running a distance of 320 feet more or less in a Southerly direction,
running a distance of 125 feet in an Easterly direction, running a
distance of 50 feet along the West side of liaygood Road, running a
distance of 145.06 feet in a Westerly direction and runnin.- a distance
of 186 feet more or less in a Southerly direction. Said parcel is
irregular in shape and contains 3.998 acres. (Broad lyleadows Area)
Bayside Borough. Tlie application was denied as 'his request is in
conflict with the Bayside Development Plan recomrnendation and the
business uses allowed are not coml)atible with single-family character
of the surrounding area.
ITEM #10268
In July 1957, Mr. and Mrs. Jack H. Harris dedicated to Princess Anne
County a parcel of property on which an abandoned sewage sand filter
treatment process was located. This facility was constructed in the
150's because septic tanks in the Kempsville @lanor development were
failing.
In August 1970, a portion of this lot was deeded back to Mr. Harris;
however, there was a need to continue ownership of property where a
punp station was located by '@iampton Roads Sanitation District
Commission. This pumping station has been abandoned and Mr. and
Mrs. @llarris have requested the remainder of their property be returned.
The property contains .69 acres and is of no further use to any of the
operating departments of the City.
The City Attorney informed Council that State Law requires that this
be done by ordinance; therefore, Councilman @IcCoy made a motion,
seocnded by Councilman Payne, to defer one week the request of Mr.
and Mrs. Jack 11. Harris for the return of the remainder of their
property (.69 acres). The recorded vote is as follows:
Ayes: Council Nlembers John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry ',IcCoy, Jr., Aleyera
E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., and Roger L. Riggs
City Council voted to defer for one week the request of Mr. and Mrs.
Jack H. Harris for the return of the remainder of their property
(.69 acres) on which a pump station was located by the Hampton Roads
Sanitation District Commission, and subsequently abandoned.
ITEM #10269
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Council @@lembers John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry IIcCoy, Jr., Meyera
E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., and Roger L. Riggs
City Council approved the raffle permit of Virginia Beach Skating
Club.
ITEM #10270
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry tIcCoy, Jr., Ileyera
E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., and Roger L. Riggs
City Council will hold a Special Meeting on Thursday, December 9,
1976, at 11:30 a.m., for the purpose of receiving bids on the proposed
issue of $16 Million Public Improvements Bonds of the City of Virginia
Beach, Virginia.
ITEM #10271
The City Manager informed Council that the appraisal came in on
the proposed Pungo Park at $450,000, excluding $20,000 to construct
the access road into the park.
The City i%lanager further stated that a presentation was given to the
State Commission of Outdoor Recreation in Richmond, Virginia; however,
the outcome of that presentation is not known at this time.
ITE@l #10272
Doctor liolland made mention of two letters in the Council Agenda.
One from Mr. Ilanbury to Council with copies to -Mr. ?,Iichael C.
Savvides and @.-Ir. David ifendrix regarding "price gouging"; and
the other from @ir. Richard M. Conradi regarding tile "Moonies".
ITE'd #10273
On riotion by Councilman Ferrell, seconded by Councilman Baum,
and by acclamation, the meeting adjourned.
Richard J. Webb City Clerk Clarence A. Holland, ilayor
City of Virginia Beach,
Virginia
December 6, 1976