MARCH 17, 1975{
1
MI N!,i'i„• L) THE 1itBLE C1. :Y t;0ii CIL.
of lii1:
CITY OF V1:RGiNTA BEACH, t'Il'.i;i JIA
March 17, 1975
The regular meeting of the Council, of the City of Virginia Beach, Virginia,
was held in the Council Chambers, in the Administration Building, in the
Borough of Princess Anne, on Monday, March 17, 1975, at 2:00 p.m.
The invocation was given by the Reverend Sefton Strickland, Jr., Bow
Creek Presbyterian Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, 'Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Councilmen absent: None
ITEM#8227
On motion by Vice Mayor Ferrell, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, 'Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: one
Absent: None
City Council approved the minutes of the regular meeting of March 10,
1975, and dispensed with the reading of said minutes inasmuch as each
Councilman had a copy of the subject minutes before him.
ITEM #8228
On motion by Vice Mayor Ferrell, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading the request of Tidewater Builders
Association and waivered building permit fees, and water and sewer fees
for the 1975 "Scholarship House" to be built in Green Run.
ITEM #8229
On motion by Councilman Callis, seconded by Councilman holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
romwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
.?lin R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading an increase of $1,000 in the
appropriation for Library Supplies, and an increase of $10,136 in Office
Equipment; and further approved on second reading a corresponding increase
of $11,136 in State Aid Revenue.
On motion by Councilm:;' Gardner, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 1I. Callis, Jr., Robert B.
Cromwell, Jr. , Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. :Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
77 Absent: None
City Council approved on second reading an appropriation of $2,200 from
Reserve for Contingencies to cover the period from February 1 through
June 30, 1975, for a $40 per, month stipend to City Councilmen 'for travel.
ITEM #8231
On motion by Vice Mayor Ferrell, seconded by. Councilman Griffin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clatence A. Holland, J. Henry McCoy, Jr., 'Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: one
Absent: None
City Council approved on second reading
of Equipment to Office Equipment in the
Management Services budget.
a transfer of $2,100 from Lease
Operations Division of the
ITEM #8232
Dn motion by Vice Mayor Ferrell, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: •Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
•
City Council voted to approve the replacement of a substitute ordinance
for the ordinance adopted closing and vacating Garnett Road in Indian
Lakes subdivision, which was adopted September 16, 1974, but failed to
designate a twenty foot drainage easement.
OP
AN ORDINANCE CLOSING, VACATING
ANE DISCONTINUING A PORTION OF
GARNETT ROAD, DEN PSVILLE BOROUGH,
CITY OF- VIRGINIA BEACH, VIRGINIA
- WHEREAS, proper notice that Indian Lakes, Inc., would make
application to the City Council of the City of Virginia Beach, Virginia, to
have the hereinafter portion of Garnett Road closed, vacated and discon-
tinued as a public street of the City of Virginia Beach was duly posted; and
WHEREAS, the land proprietors affected hereby have been duly
notified; and
WHEREAS, said application was made to the City Planning Comm-
ission and to the City Council and pursuant to the statutes in such cases
made and provided; the Council appointed Viewers who have reported to the
Council that no inconvenience to the public or to private individuals would
result from such closing, vacation and discontinuance; and
WHEREAS, the City Planning Commission after proper notice and
hearing, has reported thereon to the Council; and
WHEREAS, it is the judgment of the Council that said portion of
Garnett Road should be closed, vacated, and discontinued; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the certain portion of said road described as
follows in the Kempsville Borough of the City of Virginia Beach, Virginia,
is hereby closed; vacated and discontinued as a public street of the City
of Virginia Beach, Virginia, said portion of said street not being needed
for public use and travel:
ALL THAT CERTAIN portion of Garnett Road
"STREET CLOSURE" as shown on that certain
plat entitled "Plat of Indian Lakes Subdivision,
Section 'B-1' Kempsville Borough, Virginia
Beach, Virginia," and described as follows:
Beginning at a point in the southern right of way
line of Andover Road at its intersection with the
eastern right of way line of Garnett Road shown
as a 70' road on the plat of the subdivision of
Section 14, Acredale as recorded in Map Book 39,
at page 42, and from said point' of beginning running
south 31° 26', 30" west, 824.33: to a point at the
intersection of said Garnett Road and the 75 foot
drainage easement shown on the plat subdivision,
Section 'B-1';'thence turning and running along the
northern line of said 75 foot drainage'easement
north 57° 06' 20" west 70.02' to the western side
of said Garnett Road; thence turning and running north
31° 26' 30" east 190.56' to a point; thence running
along a curve to the left radius of 10' a distance
of 15.45' to a point on the southern right of way
line of Bonneydale Road; thence along a curve to the
left having a radius of 58.2,7' a distance of 93. 01'
to a point in the eastern half of Garnett Road; thence
running north 31° 26' 30" seconds west a distance of
560. 34' within the existing 70 foot right of way of
Garnett Road to the southern right of way line of
Andover Road; thence turning and running along a
curve to the left having a radius of 441.56' distance
of 20.19' to the point of beginning; with the exception
of a Twenty (20) foot permanent utility easement
reserved by the City of Virginia Beach, Virginia,
designated as "Twenty (20)' drainage easement"
as shown on that certain plat of "Resubdivision;
of Section 14, Acredale, and the resubdivision of
Lot 199 as shown on plat entitled 'Resubdivision
of Lots 190, 191, 198, and 199, Section 11, Acredale,'"
which is attached hereto and intended to be read as
a part hereof for a more particular description of
the said reserved easement•.
Section 2. That thirty days after this date, a copy of
this Ordinance, certified by the Clerk, be spread
upon the public records in the Clerk's Office of the
Circuit Court of this city and indexed in like manner
as a deed to lands.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 16th day of September, 1974.
Substitute ordinance adopted March 17, 1975, correcting
omission on original ordinance recording for a twenty -foot
drainage easement..
Certified to be a true excerpt from the minutes of the City
Council of the City of Virginia Beach, Virginia, approved
March 17, 19 75 .
Pe'cion .' r t r
` {Cf i' d (.I._I I1� Cil '. �I��tllLl
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[i-�i IAC';.(. -1-t, l � n'.fi:icil U.. �' �'� � 'Y'i.y' [,:. , ;i'illl!� �.� _, j: :7llli.
of 20th Street: running distance c, 130 feet . ,c.nci th Eastern proper::
of Y;hich 60 feet is the Ui?`it side of Arctic Avenue, running a is __..IIC_ _1
feet along the Northern property per•ty l ihe, running a distance of 130 _.:_t
the Western property line and running a disLar.ce of 210 feet al:.ir
property line of which 100 feet is the North s'ice of 20th Street. S`:' eel
contains 0.45 acre more or less. VIRGINIA BEACH BOROUGH. .
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorf.f
of 10 to approve this request.
-'Mr. Grover C. Wright, Jr., Attorney, represented the applicant.
On motion by Councilman Gardner, seconded by Councilman Standing, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. ITolland, J. henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council adopted the following ordinance upon petition of M,E M
Investment Corporation by Grover C. Wright, Jr., Attorney, for a Change
'of Zoning District Classification from A-1 Apartment District to B-4
Resort Commercial District:
ORDINANCE UPON PETITION OF M & M
INVESTMENT CORPORATION BY GROVER
C. WRIGHT, JR., ATTORNEY FOR A
CHANGE OF ZONING DISTRICT CLASS-
IFICATION FROM A-1 Apartment
District TO B-4 Resort Commercial
District
ZO375116
Be it ordained by the Council of the City of Virginia Beach, Virginia, that:
Petition of M t M Investment Corporation by Grover C. Wright, Jr., Attorney
for a Change of Zoning District Classification from A-1 Apartment District
to B-4 Resort Commercial District on property beginning at a point 70 feet
North of 20th Street running a distance of 130 feet along the Eastern pro-
perty line of which 60 feet is the West side of Arctic Avenue, running a
distance of 210 feet along the Northern property line, running a distance
of 130 feet along the Western property line and running a distance of 210
feet along the Southern property line of which 100 feet is the North side
of 20th Street. Said parcel contains 0.45 acre more or less. Virginia
Beach Borough.
ITEM #8234
Mr. Grover C. Wright,' Jr., Attorney, appeared on the following ordinance.
;-,1 motion by Councilman Gardner, seconded by Councilman Waterfield, and by
3corded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. holland, J. henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved.an ordinance vacating and discontinuing a portion
of a 20 foot alley, in the Virginia Beach.Borough of the .City; subject
to the return of the one -foot, if and when the City Council changes the
definition of buildable lots to have two parcels of property considered
as oiie when separated by an alley:
(.;I`ry (.:IF VIRGINk :ial';'\(:'i1
TO (ORDINANCE OF VACATION
M & M INVESTMENT CORPORATION
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF A 20' ALLEY, IN TIIE VIRGINIA
BEACIH BOROUGH, 1N THE CITY OF VIRGINIA
BEACH, VIRGINIA
WHEREAS, proper notice of the intended application of the
applicant, M & M Investment Corporation, to be presented to the City
Council of the City of Virginia Beach, Virginia, q the 20th day of January,
1975, and for the vacation of the hereinafter described public street in. the
City of Virginia Beach, Virginia, was on the 9th day of January, 1975, duly
posted at the Court House of the Circuit Court,of the City of Virginia Beach,
Virginia, and at two other public places in the City of Virginia Beach,
Virginia, in conformity with the manner prescribed by Code of Virginia,
Section 15.1-364, for the institution of proceedings for the vacation of a
public street; and
WHEREAS, said application was made to the City Council
of the City of Virginia, on the 20th day of January, 1975, and in conformity
with the manner prescribed by Code of Virginia, Section 15.1-364, for the
conduct of such proceedings, the City Council of the City of Virginia Beach,
Virginia, on the said date, which was more than ten days after posting notice
of the intended application as aforesaid, appointed George E. Tinnes
William W. Fleming, Jr. , and Robert J. Scott , as
viewers to view such street and report in writing whether in their opinion, any
and if any, what, inconvenience would result from discontinuing the same, and
said viewers have made such report to the City Council of the City of Virginia
Beach, Virginia; and
GROVER C. WRIGHT, JR.
ATTORNEY AT LAW
assn PACIFIC AVE.
!•
,V EGINIA BEACII, VA.
WHEREAS, from such report and other evidence, and after
notice to the land proprietors affected thereby, along the street proposed to
be vacated, it is the judgment of the City Council of the City of Virginia Beach,
Virginia, that these proceedings have been instituted, conducted and concluded
in the manner prescribed by Code of Virginia, Suction 15.1-364, that no
inconvenience would result from vacating and discontinuing the said street,
and that the said street should be closed, abandoned, vacated and discontinued,
subject to the hereinafter reserved easement for public passage and for the
installation and for maintenance of public utilities therein;
P
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Virginia Beach, Virginia:
1. That the following described street, in the Virginia Beach
in the City of Virginia Beach, Virginia, be, and the same hereby is, closed,
abandoned, vacated and discontinued:
That portion of an unnamed 20' wide alley located
in Block 44, Map No. 6, Virginia Beach Development, Co.
between 20th and 21st streets in Virginia Beach Borough,
Virginia Beach, Virginia, beginning at the western side
of Artic Avenue and running in a westerly direction a
distance of 340', said portion continuing 6800 square feet.
2. There is reserved to the City of Virginia Beach, Virginia,
over, in and under the entire property described in 1 above an easement for
public passage and for the installation and for maintenance of public utilities and
drainage facilities.
3. This ordinance shall be in effect from and after thirty (30)
days from the date of its adoption.
4. A certified copy of this ordinance of vacation shall be
recorded as deeds are recorded, and indexed in the name of the applicant,
M & M Investment Corporation, as grantee, in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, at the expense of the
applicant.
-2-
Certified to be a true aiid exact copy of an ordinance,
adopted by the City Council of the City of Virginia Beach, Virginia, at
its regular meeting held on the 17 day of Marcia.,
1975.
BON, CITY CLERK
ITEM #8235
Petition of Lake Bradford Corporation for a Change of Zonino District C'.=szification
from A-1 Apartment District to A-3 Apartment District located on proper - n the
East side of Pleasure House Road beginning at a point 400 feet more or less South
of North Green ell Road, and across from Old Harris Lane, running a distance of
• 273.25 feet along the East side of Pleasure House Road, running a distar:e of
790 feet along the Northern property line, running a distance of 273.25 feet along
the Eastern property line and running a distance of 790 feet along the Southern
property line. Said parcel contains 4.89 acres. (Bradford Terrace Area).
BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the P1ann;ng Coy. Fission by a recorded vote of
10 to deny this request as it was felt the road system is not sufficient to
accomodate increased densities.
Mr. H. Calvin Spain, Attorney, represented the applicant
.F r
10
On motion by Councilman Holland, seconded by Councilman Standing, and by
recorded vote as follows:
Ayes: Councilmen John. A. Baum, Robert H. Callis, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
"'. Standing, and Floyd E. Waterfield, Jr.
;Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: Noise
City Council approved the .following ordinance upon petition of Lake
Bradford Corporation for a Change of Zoning District Classification
from A-1 Apartment District to A-2 Apartment District (a modification
from A-7? Apartment District) :
ORDINANCE UPON PETITION OF LAKE BRADFORD ZO375117
CORPORATION FOR A CHANGE OF ZONING .DISTRICT
CLASSIFICATION FROM A-1 Apartment District
TO A-2 Apartment District (a modification
from A-3 Apartment District)
Be it ordained by the Council of the City of Virginia Beach, Virginia, that:
Petition of Lake Bradford Corporation for a Change of -Zoning District
:Classification from A-1 Apartment District to A-2 Apartment District
modification from A-3 Apartment District) located on property on
the East side of Pleasure House Road beginning at a point 400 feet
more or less South of North Greenwell Road, and across from Old Harris
Lane, running a distance of 273.25 feet along the East side of Pleasure
House Road, running a distance of 790 feet along the Northern property
line, running a distance of 273.25 feet along the Eastern property line
and running a distance of 790 feet along the Southern property line. Said
parcel contains 4.89 acres. (Bradford Terrace Area). Bayside Borough
Approval is subj.ect to the following:
1] Standard site plan review
2] City water and sewer
3] Proper drainage
• 1
•
IP
36
1.
eh ti-,., f:; _ i. side of i 1J7Jle ._i', i i; tri L.. _'. - I'a (.' 1, .Il
r,-hning a dist_ti'ce of 237.::0 fe t -1r q h;:
('1 ti nce of 133.56 feet itlf)(i(! i;l!'' Hrthr:.i'n prerty ilh2, r'ilr nin ti CI I-
i. !..2 feet along the Eastern iit'Cip;�i't:'/ line runnir::' a diStc1 (e of
i.:et along the SO(ri.l: rll property line. Said R-_.rcel coh ins 1Ci,�1J�'
re or less, and is i:'lci„n as "Un-nu,;:)erc:d Parcel, Plat "IY; of AdCiiti(;r,al
Oceana Gardens. West Ocea :, Gardens Aced). LV::; VF..H BOROUGH.
Planning Commission Recommendation:
rT. A motion was passed by the Planning Commission by a recorded vote of 6 for th._
motion and 3 against to approve this request with a m�dif-ication to /i-1 Apar
• n:ent District.) •
For the information of the app-licant, prior to the iss ce of a builcinc =.1r7”:
the followirlg will be required by the administrative s.:Lafi :
1. Standard site improvements as required by the Site Plan. Ordinance.
2. A G -foot privacy fence to be constructed buten adjacent properties.
s.
Mr. Bruce Murphy, Attorney, represented. the applicant
On motion by Councilman Griffin, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles 11. Gardner,
John R.''Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
amity Council approved the following ordinance upon petition of T. E.
'-Aurley for a Change of Zoning District Classification from R-6 Residential
.District to A-1 Apartment District (a modification from A-4 Apartment
District) :
ORDINANCE UPON PETITION OF T. E. HURLEY Z0375118
FOR A CHANGE OF ZONING DISTRICT CLASSIF-
ICATION FROM R-6 Residential District TO
A-1 Apartment District (a modification
from A-4 Apartment District)
Be it ordained by the Council of the City of Virginia Beach, Virginia, that:
Petition of T. E. Hurley for a Change of Zoning District Classification
from R-6 Residential District to A-1 Apartment District (a modification
from A-4 Apartment District) on certain property located on the East side
of Matt Lane and at the Eastern extremity of Garden Drive, running a
distance of 137.40 feet along the East side of Matt Lane, running a distance
of 133.56 feet along the Northern property line, running a distance of 137.4:
feet along the Eastern property line. and running a distance of 135.60 feet
along the Southern property line. Said parcel contains 18,500 square feet
more or less, and is known as "Un -numbered Parcel, Plat !'A" of Additional
Lots, West Oceana Gardens. (West Oceana Gardens Area). Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a building
c-✓rmit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan Ordinance.
2. A 6 -foot privacy fence to be constructed between adjacent properties
and- fence is to be completed when apartments are completed.
LLH CO
T1ti,11i
i• ...> ,
On motion by Councilman Gardner, seconded by Councilman Cal. 1 , and Il -V
recorded vote as follows:
Ayes : Councilmen John A. Baum, Robert H. Ca:i.1 is , J r. , Robert 13.
Cromwell, Jr. , Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. henry 11cCoy, Jr. , Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
F.:
-jAbsent: Vice Mayor Ferrell
City Council approved the following ordinance proposing to grant to the
person or persons or to the corporation hereafter to be ascertained in.
the mode prescribed by law, the right and privii'ege to construct, operate
and maintain a Cable Television System within the City of Virginia Beach
for the term and upon the conditions hereinafter stated:
VICE MAYOR FERRELL RETURNED TO COUNCIL CHAMBERS
'ia.�. ,7 ,
1 Ji
T.!RIGHT
,.....') 1): •'.j:j-.
1, E t (..";,!:1.1: ,'1 t:i it 1.70 i 7 :.•'�
THE CGND LTJ_(';. ..) 1-1iR1'.i.J.:A>i•TER. S i 11i
BE IT ORDAINED BY '1€I. COUNCJI, OF T1! CITY OF VII G:INIA BFAC; I,
71 VIRGINIA.:
An ordinance proposing to grant to the person or persons or to
the corporation hereafter to be ascertained :i.n the mode prescr:i%,ed
by law, the right and privilege to cons:r(act:, operate and maintain
cable television system within the City of Virginia Lc!ach for t:hc
term and upon the conditions hereinafter stated.
Adopted by the City Council of the City of Virginia Beach, Virginia,
on the 1.7 day of Marc:h, 1975.
N t..:')11.1Ai'ii. E Pi'(fi'OSIl' G TO To
H EI:iJ.i'i h TO .; ASC;1_RTAIr 't:J IN MY.
i>: ES ,I).J iii:;.: tip �`` 1, TAE i.' 1. i~ ii `1 ;' D
LEGE TO CONS`iL.,T, x T T.-. AND i' \iI !': ..N
A CABI, I '%, <<'1.: iii SYS'1;.:.'i 7.1I ['it2;i ii!'; CITY
OF VIRGINIA i_IE:\C H FOR i? 'i' IE TEfl(•i AND UPON
`i'FIE C:C1 DITIGI'•iS f i REUiA:r T :It STATED
BE ,IT ORDAINED) WI THE COUNCIL OF THE C lTY OF VIRGINIA ilE.=.SCII,
VIRGINIA:
An ordinance proposing to grant to the person or persons or to
the corporation hereafter to Le ascertained in the mode prescribed.
by law, the right and privilege to construct, operate and maintain a
cable television system within the City of Virginia Beach for the
term and upon the conditions hereinafter stated.
Adopted by the City Council of the City of Virginia Beach, Virginia,
on the 17 day of March, 1975.
NOTICE
CABLE TELEVISION tryr RID
Public notice is hereby given that bids are invited for t -he
privilege proposed to be granted by the ordinance hereinafter sot
forth.
Bids shall be in w :i.ting as -required by law and each biddr:r
shall file with his bid a certified check dawn upon some bank in
the City of Virginia Beach executed in favor of the Treasurer of
the City of Virginia Beach for the sum of $1,500.00, which shall
be held by the City Manager upon the conditions set forth in the
Resolution adopted by Council of the City of Virginia Beach, Virginia
on June 4, 1973.
Bids shall he delivered on the 18 day of August , 1975
at 2:00 o'clock P.M. in open session, to the presiding officer of the
Council of the City of Virginia Beach, in the Council Chambers,
Municipal Center, Virginia Beach, Virginia, 23456 to be dealt with
and actedupon in the manner prescribed by law.
The City of Virginia Beach reserves the right to reject any and
all bids. The cost of advertising incident to said ordinance ,hall
be paid by the City of Virginia Beach which shall be reimbursed there-
for by the person or persons or corporation to whom the grant of said
privilege is finally made.
The ordinance proposing to grant the privilege is as follows:
Aid 1 LZD4UA'ftE (,ivy'N I1.:G TO
TRE Fairf-7:E5-
} I� � f �f�, r i T( 'i lil � Y', ifi, P -♦
P;tI J_� i .,CE 1O :.i Ti.UC a. l!1 i�R '.T '_, .,! •.i=
I!.'•I ::...IN A CALt.i.,
TiTE. CIV; t,E.`:Gfl.
BE IT OiIDAI l D LY Ttii, COUNCIL OF TiiE CITY Oi VIRGINIA BEACH,
VI?•.GINIA
That a franchise is hereby grated to
for the right and privilege to construct, operate
and maintain a cable television system within the City of Virginia
Beach for the term and upon the conditions set forth in the Ordinance
Proposing to Grant such a franchise, said ordinance passed by Council
on , 1975.
'I Adopted by the Council of the City of Virginia Beach, Virginia,
r
on the day of
AFB/c.j
3/12/75
, 1975
AN ORDINANCE PROPOSING TC GRANT TO THE
PERSON OR PERSONS OR TO THE CORPORATION
HEREAFTER TO 3E ASCERTAINED IN THE MCDE
PRESCRIBED BY LAW, THE RIGHT AND PRIVI-
LEGE. TO CONSTRUCT, OPERATE AND MAINTAIN
A CABLE TELEVISION SYSTEA WITHIN THE C I
OF VIRGINIA BEACH FOR THE TERM AND UPC_:
THE CONDITIONS HEREINAFTER STATED
•
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI L A 3E,.CH,
VIRGINLA:
An ordinance proposing to grant to the person or 3erso^s or to
the corporation hereafter to be ascertained in the node prescribed
by law, the right and privilege to construct, operate and maintain a
table television system within the City of Virginia Beach for the
term and upon the conditions hereinafter stated.
1. Purpose
The purpose of this ordinance is to provide for rhe r__ _a_�o=
CATV systems is the City of Virginia :Beach in the pts')= c ___a-= -
accordance with all state and federal la:73.
2. Definitions
A. "City Manager" means the Office of the City _ anager
its agent.
v -
B. "City" means the City of Virginia Beach.
C. "Council" means the City Council of Virginia Beach..
D. "Community Antenna Television System" shall mean a system
of antennas, cables, wires, lines, towers, wavegu des, __ser
beams or any other conductors, converters, equipaea_ cr
facilities designed, constructed or ope--ated for the ?=rp se
of producing, receiving, amplifying, modifying, aad d_st__bu-
ting, in whole or in part by audio,video, and other = --; of
electronic or electrical signals to and from subscr_oers and
locations in and outside of the City of Virzinia 3aa= .
Virginia. It may also be referred to as "Broadband C -;1e
Communications System."
E. "Franchise'" means and includes any authorization granted
hereunder in terms of a franchise, privilege, perms_, license
or otherwide to •construct, operate, and ma_atain a C;•_77
system in the City.
F.' "Grantee" means the person, firm or corporation to -c = or to
which a franchise is granted by City Council under t __
ordinance, or anyone who succeeds said perso_12 fir= c_ corpo-
ration in accordance with the provisions of this f anc
G. "Streets" means the public streets, avenues, highway;
boulevards, concourses, driveways, bridges, tunnels, _r, -
parkways, ,,ater -.rays, dock3, ui1-:'.ends, ?.7h..r,es, pic c
alleys, all other public rights-of-way and easenes_ _--
the public grounds, places or waters within or belo,�_ia �
to the City.
H. 1) "Total Gross Receipts" shall mean any and all cora _sa_:icn
and other consideration collected or received or in am- =sane -
gained or derived by grantee from the operation of CA -7
system.
2) "Total Subscriber Revenue" or "Gross S3u';scr-ibe_
shall mean any and all compensation aad other cons=d=_____z
in any form paid by a subscriber and received by the - _ _ __-_z
arising from the sale of its regular monthly ser -e= e = -
sucser_bers within the City. In computing said s•,-, - �_•_-
al-- sales, service, rent, occupational or other excise =a::
shall not be included to the extent such taxes are th.srzei
separately in addition to the regular monthly -> ser-: i :: >_>
and are remitted by grantee to the taxing au=_horir .
I. "FCC" means the Federal Communications Cort- ss on.
J. "Residential Subscriber." means a purchaser of ser7ice
over the system to an individual dwelling unit, where ____
service is not to be utilized in connection :._th a _ __ __._s;,
trade or profession.
1
K. "Subscriber" means a purchaser of service deliie_e:-: _ =_-_
s::stem.
L. 1) "Basic Service' meals the delivery by the _aa:_e : _
aedio and visual signals required by the FCC to be 3n a
CATV skate! anJ any ',--�adcest tole _sioa .�--- ai-- __ - - .h2
=CC tor be tarriedon a t;A2V system.
2) "Additional Service" means any communications ser -:ice
than Basic Service, provided over its syste__ the --
directly or as a carrier for its subsidiaries, affiliate= y
e 5 o�
other person engaged : communications services~ -_� _nc__--- J
way of example but not limited to, burglar alarm, d a cr other
electronic intelligence transmission, facsimile rep=od__tion,
meter reading, and home shopping.
"Channel" means a frequency band 6 1L -IL in width which is ca?able
of carrying a standard broadcast audio -video television s_=.a1-
further, its definition shall include the followin ___ypes
of channels, as specified by FCC regulations:
1) Class I cable television channel: A signalling ?a__ Provided
by a cable television system to relay to subscriber terminaLs
televiqion broadcast programs that are received off ---3'r or
are obtained by microwave or by direct connection to.a =e=eJision
broadcast station.
2) Class II cable television channel: A signalling _cath o_o,vided
by a cable television system to deliver -to subscriL__ :ii
television signals that are intended for reception 1-: a^television
broadcast receiver without the use of an auxil a-- � dec:,__ng device
ani which signalsare no.' involved in a broa:d_ast transmission
path.
3. Class I11 ca'ole tele :'...S i o l channel: A s- ' alli_ ; path provided
by a cable television system to deliver to subscriber _e__in_als
signals thit are inter _d. for reception ,y equipment _--_ -hen
a tlevision 'croadcasc receiver or by a television '::__=__eet
recc-'_ver only when used with auxiliary decoding equ_o__n_.
L=- Class 1U cable tele Asion channel: A sign_? =in_ oath provided
.i7' a cable television system to transmit signals of -a_ --- e from
a subscriber terminal to another point in the cable television
sys tem.
N. "Passed by the CATV System" means the construction of t1 -.:e s --stem in
a given area has been completedto the degree that na ma=gi con-
stnuction is requiredto provide Basic Service upon re
0. ''Public Access Channel" means a channel on the s ==_ r is
reserved for use by the public on a dedicated. _ion -c- =',
nondiscriminatory basis, in accordance with ____ :Ties
?. ",-]ducation Access nanaei" m`an; a channel on t:._ s:::-=== :e:z1-1 is
reservedfor use by educational authoriities designate:: :h=
City, in accordance with the rules of the FCC.
Q. ''Local Governmnt Access Channel" means a channel on s :
whichis reserved - - - - for use by the Citi, in accor:'a::c_ . _ - _-_�
rules of the SCC.
R.. "Access Channels".includes all public, .educat4 o-',
,Hent, and leased channels.
n -+
I
S., "Leased Access Channel" means a channel on the system which
is reserved for carriage of program material prov_`37I persons
who lease channel time from the grantee, includin: the unused
portion of the public, education, and local zover men_ access
channels..
T. The total number of subscribers shall be determine_ as follows:
In the event a single fee is paid Eor service to a =__=_ole
dwelling unit, the number of equivalent su:scribe=; shall be
determined by dividing such fee by the the Preva'- -,-_ _asiden-
tial subscriber rate and rounding the resultinz quotient to the
nearest whole number. To this number shall be added =z_ number
of all other subscribers.
U. "Year" means any period of 365 consecutive days.
V. "Initial Service Area" means that portion of the City where
energized trunk cable shall be extended and service shall be
made available to all persons desiring said service within
five (5) years after the receipt of a Certificate of Compliance
from the FCC.
W. "Applicant" means any person, firm,corporation, or other entity
who or which applies for a cable television franchise pursuant
to this ordinance. *
X. "Application Form" means the standard form, incorporated herein
by reference and made a part hereof, which -must be completed
andsubmitted by each applicant in order to apply for a cable
television franchise pursuant to this ordinance.
Y. ''Principal" means, for the purposes o E this ordinance _-id the
application form, an) person, group} of persons actiaz _:- concert,
firm; corporation, or ot'er_ en�ity who or --.__c h _-.rs or controls
3% or more of an applicant's capital stock or is a mem_`,- of
the applicant's Board of Directors.
3. Franchise Required; Duration; Exc1usiv_2._ ;
Parties; Renegotiation of Franchise T? -_-::s.
A. The City Shall grant a franchise for the use of the sz eels
within the City for the construction, operation, an maintenance of a
CATV system. No system shall be allowed to occupy or use the streets
of the City nor shall any system be allo:red to operate without a CA=:T
Franchise. A CATV Franchise may be awarded by ordinance only after
the Gra'ntee's legal, character, financial, technical and other oual i-
ficatiuns and the adequacy and feasibility of its construction arrange-
ments have been approved by the City as a part of a furl p b1io pro-
ceeding affordicig interestedparties due process.
1) The Franchise shall he gra.ited for a ter-' c= _aeh years;
L:1,:? fter, after lull public hearings) , and accor:rag to th=
=-a' ._ ._se -__en i procedure that collo°73, 1h3
For such term as in the opinion of Council will ;_r;= __'.e _-� •-
i.?cores
of
2) Procedure to consider franchise r'en?;•,a -
a) Thirteen months before expiration of :he f -_-.--.=se a
CATV Evaluation Committee whose membership __.til _o_.s_, _ of
members of -the community and from City adm__.istra__ve =f
shall be appointed by the City Council. to _ e-: ie,. the.
performance of the franchisee anj the content of the CA_;
Ordinance.
3
J
b) After giving public notice, the Co mitre_
proceedto determine whether th2 opecator has sat_,z=_c=_=v
performed his obligations under the franchise. To
satisfactory performance, the Committee shall look a=
technical developments and performance of the s:s_ orc-
gramming, other services offered, cost of service, = d =a7
other particular requirement set in the ordinance s=_c- a, =he
availability of programming equipment and personnel to __c
access channel users; also, among other measurements, '-=
Committee shall consider the franchisee's annual ,-=poll: ode
to the City or the FCC. The participation of the cup==,d
of the Grantee shall be permitted during these cons=de=n=ions.
c) A four month period shall be provided co Bete —_ne
the grantee's eligibility for renewal.
d) The Committee shall then prepare within two months
any amendements to the Franchise Ordinance that it believes
necessary.
e) The Committee shall submit recommendations -,4-Ith
regard to (1) renewal of the franchise, (2) changes ro the
franchise, and (3) amendments to the Franchise Ord name .o
City Council for its consideration.
f) if the City Council finds the Grantee's pe=fc mince
satisfactory, a new franchise maybe granted pursuant to the
ordinance as amended.
g) In the event the current Grantee is determined b::
City Council to have performed unsatisfactorily, new
applicants may be sought and evaluated by the CATV F.v___a=ion
Committee and a franchise w•:ard made by City Corn_: __co_din
to CATV f'ranchisinc? procedures adopted by the City
h) In conjunction with the cancellation and/or ettPiration
of the franchise, and independent of any finding r=id= .:item
Council that the current Grantee's performance has been o_ has
not been satisfactory, City Couicil reserves the r_rzt to
make a franchise award to a new grantee following =_a -==:sing
procedures adopted by City Council.
i) No determination of unsatisfactory past performance
may be made unless the Grantee has had full notice of =tee
possibility of such findings and a chance to be heard; the
determination itself shall be supported by complete .;=:lien
findings of fact. In the event of such a finding, the '.;.t. -tree
shall be compensated in an amount equal to the fair marker
value of the system as a going concern, determined by arb_=ra-
tion, either through purchase of the system by the L_
pursuant to Section 17 hereof or by payment to hi= cf _slat
amount by the new Grantee.
C. The franchise, rights, and privileges granted pursuant -to this
ordinance are not exclusive and nothing in this ordinance shad_ b= con-
strued to prevent a grant by the City of a similar franchise, ______,
and privileges to other persons or corporations.
D. The right is hereby reserved to the City to adopt, in addition
to the provisions contained herein and in existing applicable =_=_nances,
such additional regulations as it shall find necessary in the exercise
of its police power, provided, however, that nothing in this _3-f_=_on.
4
shall operate to deprive or curtail the rights and pri-)i ee= c= =he
Grantee as granted by this franchise and provded =ur_rer
regulations be pursuant to a Public Hearing to hic__ =________ =aa__
be given notice.
E. 1) Scheduled Renegotiation Sessions. The
Grantee shall hold scheduled renegotiation sessions -;_ - _-_---- `3:1
days prior to the third, sixth, ninth, and twelfth annive:s r-- ___mss
of the Grantee obtaining certification for the systeua fro= _=_
All such renegotiation sessions shall be open to t =pU i2an= snail
be announced by the City in a newspaper of general circ`=a__ca at
least five (5) days before each session.
2) Special Renegotiation Sessions. Special rene`oti_tc_
sessions may be held at any time during the tern of ra-=Hise,
provided that both the City and the Grantee shall mutually
_gr__ :a
the time, the place and the topics to be negotiated. Allsuch
gotiation sessions shall be open to the public and announced _a a
newspaper of general circulation at least five (5) days before ea_H
session.
3) Topics To Be Negotiated. The following topics shall :e
discussed at every scheduled renegotiation session: service r_ -_e
structures; free or discounted services; application of new tech-
nologies; system performance; services provided; program cr=e=ed;
customer complaints, privacy and human rights; amendments -=o this
ordinance; undergrounding progress; and judicial and _CC =lines.
Topics, in addition to those listed, may be added if _reed
upon by both parties. Members of the general public may aid _c -its
either by working through the negotiating parties, or by p_es_n =irg
a petition. If such a petition bears the valid signatures of fif_1
(50) or more qualified electors of t'h City, the proposed _co_c or
topics shall be added to the list to 'Dediscussedat the __-
tion session.
4) Required Financial Information. At all re_.agc_ia__ on
sessions, the Grantee shall provide the annual report for ___ ears
completed, containing full cash flow information. Supplemental
financial information regarding the operations of the Grantee and
the system shall be promptly supplied. by the Grantee upon :e
request of the City.
5) Fact Finding and Arbitration Permitted. Any matter
which is disputed during a renegotiation session may be submitted to
fact finding or arbitration at the election of one of the _oar___s,
as provided in the Section herein entitled "Arbitration."
6) Dispute Over Financial Conditions. Should a :_s>__
arise over -whether the financial condition of the Grantee a__ __Doted
pursuant to this Section is in accord with generall: acce__:
accounting practices and principles as practiced in `-le Cr fn urtry,
then such dispute shall be submitted to fact findinz or 2._b.f__=7__n
as provided in the Section entitled. `Arbitration."
7) Disclosure After Renegotiation Session. ne
at the conclusion of all renegotiation .Sessloas, issue a
statem?nt announcing all agreements that were react e� by
as a result of the renegotiation.
4. Use of the Street
A. The Gr-lntee shall have the right to use t e street. __
City for the construction, operation, and maintenance of a
system as prescribed, regulated, and limited by pro its eons
ordinance and by state, local,and federal law, both present aai
Future.
3. The right grantedshall allow the grantee to construe_,
erect maintaia, and operate such poles, conduits, eo'r:rs, ma_n,a s,
subways, wires, cables, appliances, and equipment n_cessar: for t_
safe and efficient operation of a CATV system; provided that:
i. The Grantee shall utilize the facilities of
utilities and subways wherever practicable.
•
ii. In no case may the Grantee install pole where
underground facilities are in use by uti?ity
companies without approval of the City _ianager
or without the consent of the agency or depart-
ment designated by the City Tanager to give such
consent, subject to any limitations or restrie-
tions determined to be in the public interest.
iii. Nothing in this Section shall be construed to
act as a waiver of the power of the City to
require by ordinance the substitution of under-
ground service for overhead service in areas
where the electric and/or telephone companies
place their service underground.
iv. Nothing in this Section shall be construed to.
relieve the Grantee from its obligation to pay
any fees or rent for its use of facilities of
the City, utility companies or other legal
entities.
C. The grantee shall not erect or install, mo:e, alter or change
the toration oZ any poi , tower, x. -re, condui`, sub:ay, line, :hole,
cable or equipment, in an street, alley or other public pia_e of the
City or dig, cut or disturb any street, alley or other public _lace of _
ehe, City unless prior written notice of its intention so to do is
given to such department or aseacy of the City as_ shall hale leen or
may be de.sianated by the City Council and permiss_on in wr+tin_ so to
do is granted by such department or agency or such requirement is
waived by such department or agency. Such permission shall be condi-
tioned upon compliancewith the terns, conditions, provisions, and
limitations of this franchise and with such other terms, provisions,
conditions, and limitations as will preserve, protect, and promote
the safety of the public using the streets, alleys, and .other Tpublic
places of the City and as will prevent interference with or o stru tion
of the use of streets, alleys, and other public places by the Ci:-- or
by any other public utility or public service corporation for _he__
respective purposes and functions. Such permission shall also be
conditionedupon such other terms, provisions, coed_ _ _ons, and s i_ita-
tions as will preserve, protect, and promote the health, safe_.-, and
general welfare of the City and its citizens su'bjece to the ia-Vfu_
eearcise of the police power.
D. In the event of the relocation, constructio , reconstruce on,
maintenance or repai._- by the City of any of its facilities or services
.now or hereafter acquired, and including but not iiia. to d to any street,
alley or other public place, sewer, electric, water, fire alarm, police
communications or traffic control facilities or any part thereof, or
in the event access to any street, alley or other public place to or
from any property of the City is required, and it is necessary to move,
alter or relocate, either permanently or temporarily, any or the
grantee's poles, towers, wire3, appliances, conduits, subways, lines,
manholes, cables or equipment or any part thereof in the public rieht-
of-way, in order for the City to relocate, construct, reconstruct,
'-iaintain or repair any such facility, service, street, alley or cher
6
public place or any sure sewer or electric, water, fir_ ale—
ce
communication or traffic control facility, or any part t�-_-,--�'- or to = o`ito .art �
obtain access to or from such property, upon notice from the
grantee will move, alter or relocate such pole, toer, _ '' tee
con-
duit, subway,>�-�-=_-__, line, manhole, cable or equipment or oa=t t ereo
own cost and expense; and should the grantee fail, _ _ _-eae _'- e1- too
complcomply with such notice, such pole, tower, wire Jo ^ .�,._''
say, line, manhole, cable orequipment or th__e +?� _be remov sub-
y
part � -_o= - .._ removed,
altered or relocated by the City at the cost of the grantee amd :fee City
shall not be liable to the grantee for damages resulting free: sue:- remove
alteration or relocation.
E. The grantee shall at no cost to the City erect, i.,_:a:i, end
maintain on any of its poles, towers, wires, appliances, conduit=,
su_b-
ways, lines, manholes, cables or equipment in or near the streets,
and other public places of the City such reasonable devices to Ieys
- ; _ra mise
or warn persons using the streets, alleys, and other public places of the
existence of such poles, towers, wires, appliances, conduits, subways,
manholes, lines, cables or equipment as shall be from time Y '
ably prescribed ora roved for _ to ===-' reason
PP purposes of public safety by such depart-
ment or agency of the City as shall have been or may be da_i-.,_ted for
the purpose by the City Council and permission in writing s
granted by such department or agency or such requirement _s?waveza d by
such department or agency.
F. The grantee shall have the right to remove, trim,.ctt and keep
clear of its poles, towers, wires, and other overhead aaplianees and e ui
ment, the trees in and along the streets, alleys, and,
Y � other public places
of the City, provided it first obtain a written permit from the
City so do, except in cases of emergency and further provided that in the
exercise of such right, the grantee shall not cut, remove, trim or other-
wise injure such trees to any greater extent than is necessary for the
installation, maintenance, and use of such poles, towers, wires, and
other overhead appliances.
G. The grantee in the exercise of any right granted to.v
his
franchise, shall at no cost to the City, promptly reconstruct, ?lace,
restore or repair any facility or service of the Cit:, now o_'-__!,_ fter
acquired, including but not limited to any street, alley or j_ -e_ public
place, server, electric, water, fire alarm, police Cb=lni cat_=, - o2 ,
control facility or any part thereof which may be damaged, o- trorfic
destroyed by the exercise oz any such ht a nner,wi s=c=d or
right, in manner, : _;. such
materials and to the satisfaction of such department or agency as shall
have been or may be designated by the City Council and peri ss- .,.
writing so to do is granted by such department or a enc;- or s-,h� in
require-
ment is waived by such department or agency; provided that s euld t
grantee fail to comply with these requirements, the City shall have the
right to carry out the provisions of this paragraph and grantee shall
reimburse the City for all expenses incurred in so doing,
5. Maintenance of the System
A. The grantee shall at all times employ ordinaryBare and =hail
•-
install and maintain devices or systems for preventin`=a_'2•`--- _
which -.hich are likely to cause damage, injuries or nuisances and
acci-
dents
public.
=o =h
3. The grantee shall install and maintain its wires, cab:_, fixtures
ond other equipment so as not to interfere :with the ecs_p_=z_ c= any
utility of the City or any other entity lawfully and righ:_ul'•_ using
the conduit, pole, subway or other part of the right -of -way -
C. The system shall at all times be kept in zo-d repair and in a
safe and acceptable condition, according to all FCC techn=_a r- uirements
and technical standards contained in grantee's bid.
- 7 -
D. All conductors, cables, towers, poles, and other co--c,en_s o=
the system shall be located and constructed by the grantee sc __to
provide minimum interference with access by adjoining property .a s
to the streets and public ways nor shall any pole or other =.1_:.__.s
of the grantee placed in the public way interfere with the °.esu -,-.7
travel in such public way.
E. During the term of this franchise and any renewal thereof the
Grantee shall maintain within the City a local business office for the
purpose of receiving and resolving all complaints regardin_r _.._ =-aii=s
of service, equipment malfunctions, billing disputes and s_=_a=
matters. The local business office shall be open to receive inquiries
and complaints during normal business hours, and in no even= less than
9:00 a.m. to 5:00 p.m., Monday through Friday. In addition, the
Grantee shall maintain a twenty-four hour answering service and::_
qualified technician on call to that service so that any in_e_=e=erie
with the operation of the system, excluding those of indiv4»»=1
instrumentalities on private property, shall be corrected immediately.
The Grantee shall respond to all service calls dealing witH LhaaL-
functioning of equipment in. the possession of the subscribe_ with --
twenty-four
_h -twenty-four (24) hours and correct malfunctions as promptly as
possible, but in all cases not longer than forty-eight (43) hours
after notification thereof, except in circumstances beyond to control
of the Grantee. Grantee shall keep a maintenance service log -::7^h
shall indicate the nature of each service complaint, and the da=e�and
time thereof. This log shall be made available for periodic _-s_oec =ion
by the City Manager or his designated representative.
F. Except in an emergency, the Grantee may interrupt se -:ice for
maintenance and repair se;:vice only after notifying all subscr= -s at
least forty-eight (48) hours in advance and only during periods o=
minimus use.
G. The Grantee is 11?re'a y prohibited frcm leas_n=, se_i_ __ or
repairing television andradio receivers.
.
Construction and Technical Standards; Initial Service Area:
Extension of Service Area.
A. Within sixty (60) days after accepting a franchise, the
Grantee shall submit to the FCC an application for Certificate o=
Conpli _ince, along with all necessary supporting materials. The __y
?tanager shall be given a copy of all documents so filed.
3. The Grantee shall commence construction within ninety (;G)
days after the receipt of a Certificate of Compliance from the .'`..C.
C. Tie Initial Service Area, as defined in Section 2 o= :His
ordinance, shall include all property within Virgi .iia __ enc- nor:h
of: the trace of the following described line:
Beginning at a point at the intersection of the City's
western boundary win Chesapeake and Providence Road;
thence south on the City's western boundary wit
Chesapeake to its intersection with Interstate 5L;
th :ice north along Interstate 64 to its intersection T -_t_.
CtnterJi" le Turnpike; thence north along Centeriille
Turnpike to its inter:3ection with the western 1boundar-_:
of Le /el Green Subdivision; nence south aloqg _-e
western boundary and east along the southern bouniary
of Level Green Subdivision to its intersection with
'lest Centerville Turnpike; thence south along :Test
Centerville Turnpike to its intersection with i e_ ps air e
Road; thence north onKempsville Road to its intersection with
the west boundaries of the Wood Tract and Charlestown Subdi -,= -
sion; thence south along the west boundary of the Charlestown
Subdivision and generally northeast along the south boundaries
of the Charlestown, Brigadoon, and Lake Christopher Su'oliJisions
to its intersection with Indian River Road; thence'south ata
Indian River Road to its intersection with the south boutda
of the Rosemont Farms SubdiJision; thence north along the south
boundary of the Rosemont Farms Subdivision and east along
Recreation Drive to its intersection with Salem Road; t^'ence
east along the line of Recreation Drive extended to its ate_ -
section with Princess Anne Road; thence south along Princess
Anne Road to its intersection with North Landstown Road; thence
north along North Landstown Road to its intersection with
Holland Road and the Starling Farm Subdivision; thence east
along the south boundary of the Starling Farm Subdivision to
its intersection with proposed Canal No. 2; thence south along
the line of proposed Canal No 2 to its intersection with the
west boundary of Colony Acres Subdivision; thence south along
the west boundary and east along the south boundary of Colony
Acres Subdivision to its intersection with London -ridge Road;
thence east along London Bridge Road to its intersection with
Harper Road; thence north along Harper Road to its intersection
with ;iarper's Square subdivision; thence southwest along t e
northern boundary and south along the western boundary of-_
Harpers Square and Derby Run subdivisions, and north along the
northeastern boundaries of Derby Run su.Ndivision to its inter-
section with Harper Road; thence north along Harper Road to its
intersection with Oceana Boulevard; thence south along Cceana
Boulevard to its intersection with Prosperity Road; thence east
along Prosperity Road to its intersection with General Booth
Boulevard; thence north along General Booth Boule;ard to its
intersection with Croatan Road; thence east along Croatan Roe:
to its intersection with the Atlantic Ocean. "This Initial
Service Area shall include the roperty abutting both sides of
the street which form the lin.?."
Additionally the Initial Service Area shall include the areas
r..?presented by the trace of the line- cow:Tiencing at the City's
North Landing Elementary School and Vocational-Tecmicai z_:z
School on North Landing Road and continuing eastward along
North Landing Road to its intersection with Princess Anne Road;
thence east along Princess Anne to its intersection with
Holland Road; thence north along Holland Road to and includin_
Court House Forest Subdivision; thence north along Holland Road
to the City's Kellam High School; additionally, from the inter-
section of Princess Anne Road and Holland Road eastward aloe;
Princess Anne Road to its intersection with Seaboard Road;
thence south along Seaboard Road to its intersection with Lee
Roy Drive; thence west along Lee Roy )rive to its er_ling.
The Initial Service Area as described above shall exclude any
properties of Federal and State ownership; however, these_areas
of Federal and Sate ownership may be serviced at the discre_i•nz
of the Grantee.
The Initial Service Area as described above shall be served
either by a direct cable line or by microwave, at the option
of the Grantee.
The Initial Service Area as described above is shown on the
map, entitled "Initial Service Area Map", which is attached
hereto and made a part hereof.
0
D. Within the Initial Service Area, the Grantee shall a_z=o lis_.
significant construction and make service available throu3:zo•_c a
minimum of 20% of said area within one year after a :c_=_L_-
cate of Compliance from the FCC. Thereafter, the Gra-tee shat_
ably ani reasonably extend :ner.gized trunk cale and make s__ ;ice
available throughout at least an additional 20% of said area each
year. Service shall be made available throughoutthe entirety '_= he
Initial Service Area not later than five (5) years after.rece
the Certificate of Compliance from the FCC. As additioaal suscriDe_s
become available within the Initial Service Area, due to the c=strcc-
tion of new buildings, the Grantee shall extend energized tr,:nk cable
and make service available as expeditiously as possible to enzure
that all persons within the Initial Service Area have cable ser:ice
available at all times throughout the term of the franchise.
E. Outside the Initial Service Area, the Grantee shall extend
its plant and make service available as rapidly as economicaii-: aad
technically feasible. At every scheduled renegotiation sessicn,
the Grantee shall give economic and technical reasons for coat_nuin
not to make service available to all persons within the City.. a_
persons affected by this policy shall be given an opportunity to be
heard at the renegotiation sessions. When discussing this issue, the
City and the Grantee shall consider low cost construction tec>a_ques,
variable fee structures, and all other ideas which might pe;_ the
immediate extension of plant and service to 100% of the potential
subscribers. In addition to any extension arrangements ne,ot_ated
with the Grantor, the Grantee may negotiate with potential su_scr_bers
in areas of marginal linear density for an equitable sharinz c= costs
to extend the cable television system into said marginal areas. Such
negotiations may include, but not be limited to, various levels of
construction costs, profitability, rate of return, installatica fees,
and monthly subscription fees.
F. The Gra_i::ee shall operate the CATV system and naintai_a all
technical standards as contained in its bid and shall continue to
so operate and maintain the CATV system until such time as the =CC
promulgates new technical standards for CATV systems, at Laic _ire
the City Council may adopt such standards.
G. The Grantee agrees to conform to all FCC technical r_?.-:==e.-
ments for cable TV systems.
H. The Grantee shall design and construct the plant in such a
manner as to provide technical capacity for two-way digital cc u i -
cations.
7. Services
A. The system shall initially provide channel allocations and
programming services as bid by the successful bidder; and sai_ annei
allocations and programming services shall be a condition o= ____
franchise. Further, the system shall initially provide either
ninimum of twenty channels or a number as may be required by _ -e =CC,
whichever is greater. Present=channel allocations required :He
FCC are as follows:
i. UHF and VHF broadcast channels required by the FCC . . all
ii. Local Government Access Channel
iii. Education Access Channel . .
iv. Public Access Channel
v. Leased Access Channel reW'-
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3. The grantee agrees that if any other number of access channels
other than leasedchan_iels is offered to be dedicated for any purpose
including but not limited to, those mentioned above, it will file
along with the information required to receive a Certificate o= Com-
pliance as required by Section 7 A of this ordinance a _request _o_ a
waiver of the application of federal regulation #47 C.Q.R. Section
76.251.
C. The operating rules established by the grantee for the Public
Access, Education Access, and Leased. Access C zannels shall be submitted
to the Office of the City Nanager for review and comment before filing
with the FCC.
D. The City shall establish operating rules and procedures for
the Local Government Access Channel or Channels.
E. The grantee shall provide Basic Service and one free outlet_
to each of the following public facilities: all courthouses, prisons,
reformatories, detention centers, public hospitals, police and fire
stations, municipal offices, and public schools which are passed by
the CATV system as defined in this ordinance. The grantee shall
provide service to new construction hereinafter provided for the
above public facilities. The City of Virginia Beach reserves the
right to provide service to public facilities outside of the fran-
chised area at its own expense, including technical expansion
expenses.
F. In the event of an emergency or disaster, the grantee shall,
upon the request of the City :tanager or his designated agent, eke
available its facilities to the City of Virginia Beach for emergency
use for the duration of such emergency or disaster. .
G. The grantee shall dedicate additional Access Channels,
channels for origination cablecascing, and all facilities and services
as required by the FCC.
3. Rates
A. The initial residential rates for installation, monthly
television, and Fri radio service, as well as the initial rates for
commercial and multiple dwelling subscribers, shall be as bid by the
successful bidder and accepted by City Council after its review, and
after a public hearing has been held prior to the award of the
franchise; provided that all bids shall conform to the minimum re-
quirements of this section.
B. The grantee shall not charge a disconnect fee.
C. The Grantee may collect a security deposit from each sub-
scriber at a rate which is uniform.
D. Changes in rates for Basic Service shall be authorized by the
City onl`' after consideration at the scheduled renegotiation sessions
provided for in Section 3A above. Such changes in rates shall be
adopted by the City,by written resolution, only after a Public
:tearing which shall be announced 0y written notice published in a
newspaper of general circulation at least ten (10) days before the
date of the hearing. A request for a change in rates -ay be initiated
by either the Grantee or the City. Such requests shall be a matter
of public record and shall be accompanied by written justification
for the change. .
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E. For service from either o,ierhead or underground feacIe= cable,
in the event the distance from the center line of the street,
or easement occupied by the feeder cable to any outlet at the sub-
scribers set exceeds 150 feet, the Grantee may make an a:dd_t__ ____
charge not to exceed the actual direct cost to the Grantee attributable
to such distance in excess of 150 feet. For underground service ram
an overhead cable, the Grantee may charge, in addition to the charge
stated above, the difference between the Grantee's incurred va=_=1e
cost of providing underground facilities and the estimnated cost
constructing equivalent aerial facilities.
F. The Grantee may petition the City Council for a review a=
any rate, or notify Council of a desire to initiate a new service at
any time. Council may defer final action on such request uatii such
time as in the discretion of Council will serve the public inters_;
provided, however, that in no event shall such delay in final action
extend more than three (3) months from the date of any such petition.
G. Except as provided herein, no landlord shall demand or accept
payment from Grantee in exchange for permitting cable television service,
on or within said landlord's property or premises. Upon application
to the City by a landlord, a copy of which shall be served upon the
Grantee, the City may approve the payment of a reasonable fee to
compensate the landlordfor direct expenses attributable to the
installation of the cable television service. The Grantee shall be
a necessary party to any such determinatioa and shall be afforded an
opportunity to comment upon or oppose such application.
Q. Compensation
A. The Grantee shall pay, as compensation to the City, an
annual fee of 370 of its gross subscriber receipts. In the event
that it is determined that the FCC lacks the jurisdiction .zo _nPose
the 370 limitation on franchise fees, or thatthelimit is raised or
the fee basis is changed to allow revenues from other than ss sc_:ber
receipts to be used in calculating the fee, then the franchise =e_
shall be subject to renegotiation. In the event that the parties
cannot agree upon a new franchise fee, the natter shall be surn_tted
to arbitration. Any resulting award shall be retroactive.
3. The Grantee shall pay the above fee to the City in quarterly
lastallments, such payments to be made to the Treasurer of the City
of Virginia Beach within thrity days aster the quarter ends, on such
forms as the Treasurer may require.
C. Each year during which the franchise is in force, tn= _-sat=e
shall file with the City no later than fifteen days after the actual
filing date of the grantee's Federal Income Tax Returns, aco-o_e_e
financial statement covering the grantee's operations, inc_�Ld_g a
balance sheet, a profit andloss statement, and such other acco-_n=n,
statements as may be determinednecessary by the City, pre. are' 3y a
Certified Public Accountant according to generally accepted accounting
principles, and showing in detail among other things, gross recei?=s
and gross subscriber revenue as defined herein, and the net o=erasing
profit o" the grantee during the fiscal year covered by the __nan_iai
statement.
D. In the event that payment is not made on or before to
applicable date set in paragraph B of this Section, interest on such
payment or portion thereof shall accrue to the City from such date at
once percent above the average `annual prime interest rate pre aL1_ng
in the City.
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E. No acceptance of any payment shall beconstrued as arase
or, as an accord and satisfaction of any claim the City may have
further or additional sums payable under this ordinance.
F. Nothing containedin this ordinance shall be const, -u=' _c
exempt the grantee from any tax, levy or assessment which -is no
which may hereafter be authorized by law.
10. Reports
A. ;within six months of the date of its acceptance of its _raa-
chise, the grantee shall submit to the City Manager a plan reflecting
the date(s) on which the grantee plans to complete installation o_
the CATV system within the various parts of the City. The City_,
from time to time, require such additional reports on. the proms ess of
construction or other information as it may deem necessary.
B. Copies of any agreements, reports, petitions or other documents
filed with or received from any local, state or federal govern=eat
relating to the Grantee's operations within the City shall be fi_ed
with the City Manager within five (5) days.
11. Books and Records of the Grantee
A. The grantee shall maintain an office in the City for so lona_
as it continues to operate the system or any portion thereof a=d shall
designate such office as the place where all notices, directions,
orders, and requests may be served or delivered under this ordinance.
The City Manager or City Council shall be notified of the location
of such office or any change thereof.
B. The grantee shall keep complete and accurate books of account
and records of its business and operations under and in connect': -1 -:it_i
the ordinance and franchise. All such books and records shall
maintained at the grantee's office in the
C. Within ten days after giving written notice, the City"r-n_7er
s?gall have access to ail books of account and records of the g____e
for the purpose of ascertaining the correctness of any and all _eoorts
and shall be given access to all supplementary financial and e-_ zeering
records upon request.
- D. Any false entry in the books of account or records of _he
grantee or false statement in the reports to the City as to a
material fact, knowingly made by the grantee shall constitute the
breach of a material provision of the ordinance and franchise.
12. Liability for Damages
A. The grantee agrees and binds itself to idemnifv, kaej.
hold free and harmless the City from a.zy and allliability i abs? _tJ o= cs =,
?rtaining thereto arising from any activities hereih autzo__=__,
1_1 that the grantee s:,all pay, and by its ac,2 :)taace of _has ___
the grantee specifically agrees that it will pay all damage: _
penalties which the City may be legally required to pay as a res -21:
of granti;ig this franchise. These damages or penalties shall _-_ __de
but shall not be limited to damages arising out of cop; right ___ ;e-
-1ents and all other damages arising out of installation, op=_____- or
maintenance of the CATV system authorized herein whether or no: any
act or omission complained of is authorized, allowed or pro_: `-_ed by
this franchise.
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3.' The grantee shall pay and by its acceptance of tis=_anchise
specifically agrees that it will pay all expenses incurred 1--: :He City
in defending itself with regard to all damages and penalties mentioned
in suosection A a',ove. These expenses shall include all o'.1_-c=-7oc .et
expenses, such as attorney fees, and shall also include the reasonable
value of any services rendered by the City Attorney or his assistants
or any employee of the City.
C. The grantee shall file with the City, prior to commencement
of the construction of the CATV system and thereafter maintain in full
force and effect at all times for the full term of the franchise, at
the expense of the grantee, a comprehensive liability insurance policy
naming the City of Virginia Beach as additional insured, written by a
company authorized to do business in the State of Virginia, in a form
approved by the City Attorney, protecting the City against liability
for loss of personal. injury and property damage occasioned by the
installation, removal, maintenance or operation of the CATV system by
the grantee in the following minimum amounts: r
$500,000 for property damage, any one occurrence.
$1,000,000 for property damage - aggregate.
$500,000 for any personal injuries to any one person.. -
$1,000,000 for personal injuries. in any one occurrence.
Additionally, an endorsement shall be effected to eliminate
the normal XCU exclusion.
The grantee shall also file with the City a comprehensive automo-
bile liability policy written by a company authorized to do business
in the State of Virginia, in the amounts set forth above,for all
owned and hired vehicles operated by the grantee.
All liability insurance required in this section shall be kept
in full force and effect y the grP.ntee during the existence of the
franchise and until after the removal of all poles, wires, cables,
underground conduits, manholes, and other conductors and fixtures
incident to the maintenance and operation of the CATV system as
defined in this ordinance.
13. Security Fund
A. Within thirty days after the acceptance of this franchise,
the Grantee shall deposit with the City Treasurer and maintain on
deposit through the term of its franchise, the sum of $10,000 in
cash and in addition shall post a construction performance bon'_ in
favor of the City of Virginia Beach in the amount of $500,300. The
cash deposit shall serve as security for the faithful performance by
the grantee of all of the provisions of this ordinance, excepting
those pertaining to construction of the system, and .compliance
all orders, permits, and directions of any agency of the City ha=ring
jurisdiction over its acts and defaults under this ordinance, and the
payment by the Grantee of any claims, liens, and taxes due the City
which arise by reason of the operation or maintenance of the system.
The construction performance bond shall serve as security for :he
faithful performance by the Gra►itee of all provisions of this ordinance
pertaining to the construction of the system and shall be in such
form and with such surety as approved by the City Attorney. The
construction performance bond shall be reduced in pro rata increr.eats
as construction requirements are completed. Upon completion of con-
struction as required by the franchise, the Grantee sha?l_?ain_ain an
operating performance bond in the amount of $50,000 for the duration
14
of the' franchise. If the Grantee has made all required payments and
shall have complied x.7fi all provisions oE this ordinance, the City
Treasurer shall be required to pay annually to the Grantee all
interest earned from the investment of the cash deposit at a rate of
one and one half percent above the average quarterl{ prize rate on or
before July 1 of each year iri"which this franc rise is in effect.
B. Within thirty days after notice to it that any amount has
been withdrawn from. the security fund deposited pursuant to paragraph
A of this Section the Grantee shall pay to or deposit with the City
Treasurer a sum of money sufficient to restore such security fund
to the original amount of $10,000.
C. If the Grantee fails to pay to the City any compensation
within the timefixed herein; or fails after ten days Notice to pay
to the City any taxes due and unpaid; or fails to repay to the City
within such ten days any damages, costs or expenses which the City
shall be compelled to pay by reason of any act or default of the
grantee in connection with this ordinance or its franchise or fails
after three days notice by•the City Manager of such failure to comply
with any provision of this ordinance or its franchise which the City
Manager reasonably determines can be remedied by an expenditure of
the security, the Treasurer may immediately withdraw the same amount
thereof, with interest and any penalties, from the security fund.
Upon such withdrawal, the Treasurer shall notify the Grantee of the
amount and date thereof.
D. The cash deposit and the construction performance bond and
operating performance bond posted pursuant to paragraph A of this
Section shall become the property of the City in the event that the
franchise is canceled by reason of the default of the Grantee. The
cash deposit shall be retained by the City and returned to the Grantee
at the expiration of the franchise provided thee is then no out-
standing default on the par: of the Grantee.
E. The rights reserved to the City with respect to the security
fund ar-. in addition to all other rights of the City, whether reserved
by this ordinance or authorized by la=�i, and no action, proceeding
or exercise of a --fight with -aspect to such security fund shall affect
any other right :he City may have.
14. Foreclosure
Upon the foreclosure or other judicial sale of all or a sub-
stantial part of the system or upon the termination of any lease
covering all or a substantial part of the system, the Grantee shall
notify the City Manager of such fact, acid such notification shall
e treated as a notification that a change in control of the Grantee
has taken place and the provisions of Section 15 of this ordinance,
governing the consent of the City to such change is control o c the
Gra-tee shall apply. HorTe''er, any offer or agreement of sale of
all or a substantial part of the system, which is clad` express_
sulject to CityO:11__? approJal o7 the cr3_�=
;_r
shall not be dee: ed a 'sale" hereunder, unless and ulcii such City
Council approval is granted, provided the Grantee or a July con-
stituted receiver or trustee remains in operational control prier
to such City Council approval.
15. Receivership
The City shall have the right to cancel this franchise one
hundred and twenty days after the appointment of a recei;er.or
trustee to take .over and conduct the business of the Grantee
15
17. Cancellation and Expiratio,i
A. The City shall have the right to cancel the franchise if _he
grantee fails to comply with an material and substantial prc7i3:_ n of
:.his .:ordinance or of the gran. of __ie franchise or any reasonable .._der
direction or permit issued by any City department or agency pursuant to
such material and substantial provision or any rule or regulation pro-
mulgated by the City which is reasonable in light of, and consistent
with any provision of this ordinance or the franchise; or if the grantee
persistently fails to comply with any provision of either, or any
reasonable order, direction or permit issued. Cancellation shall be by
resolution of the City Council duly adopted in accordance with the
following procedures:
i. The City Manager shall notify the grantee of the alleged
failure or persistent failure of compliance and give the
grantee a reasonable opportunity to correct such failure
or persistent failure or to present facts and argument in
refutation of the alleged failure or persistent failure.
ii. If the City Manager then concludes that there is a basis
for cancellation of the franchise pursuant to paragraph
A of this Section,.it shall notify the grantee thereof.
•
iii. If within a reasonable time the grantee does not remedy
and/or put an end to the alleged failure or persistent
failure, the City Council after a public hearing by the
City Council on notice, may cancel the franchise if it
determines that such action is warranted under paragraph
A of this Section.
3. If for ten consecutive days, the system or any part thereof, is
inoperative, or if the sane is inoperative for thirty days out of any
consecutive twelve months, the City Council may cancel the franchise.
C. The grantee shall not be declared in default or be. subject to
any sanction under any provision of this ordinance or the frartcaise in
any case in which the performance of any such provision is prevented
for reasons beyond its control.
D. If all or part of the streets within the City are closed or
discontinued as provided by statute, then the franchise and all rights
and privileges hereunder with respect to said streets or any part
thereof so closed or discontinued, shall cease and desist upon the
date of the adoption of the ordinance closing and discontinuing such
s`reets and the company shall not be entitled to damages from the
City due to the closing or discontinuance of such streets, or for
ic. ury to any part of the system in the streets or for the removal or
relocation of the sane.
E. If the system is taken or condemned pursuant to law, the f_au-
c'lise shall, at the option oc the City Council, cease ats.d desist o_; the
date of the vesting title pursuant to such taking or condemnation and
any award to the grantee in connection jai th such taking or condemnation
shall not include any valuation based on the franchise.
F. Upon cancellation or expiration of the franchise, the City
shall have the right to purchase the system in accordance with paragraph
G of this. Section, and the City Council may direct the grantee to cease
17
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whether_ iii receivership, reorganization, bankruptcy or other
or proceeding, unless such receivership or trusteeship shat) Ha --
bean vacated prior to the expir-a ioi of said ..,.ie hundred and
days, or unless:
1. Within one hundredand twenty days after hi s election
or appointment, such receiver or trustee shall have fully cowl ed
with all the provisions of this ordinance and remedied all de_u__s
thereunder; and,
2. Such receiver or trustee within said one hundred and _wency
days shall have executed an agreement, duly approved by the comer_
having jurisdiction in the premises, whereby such receiver or =rus_ee
assumes and agrees to be bound by each and every provision of __^__s
ordinance and the franchise granted to the original Grantee. Appoint-
ment of a receiver or other transfer of control pursuant to this Section
shall be governed by and be in compliance with applicable rules Jaz
regulations of the FCC. To the extent that FCC or other approvals
are required, Grantee shall assist and cooperate in the obta_nin_ of
such approval.
16. Restrictions Against Assignment
A. No transfer of control or -assignment of the franchise, ize
cable television system, or any part thereof shall be effective »-i:h-
out the prior written consent of the City Council, which consent shad
not be unreasonably withheld.
B. The consent or approval of the City Council to an:- esti ?_.z*ent,
lease, transfer, sublease or mortgage of the franchise granted co he
Grantee shall not constitute a waiver or release of the right of the
City in and to the streets.
C. The grantee shall promptly notify the City Aanager of any actual
or proposed change in or transfer of or acquisition by any other part,
of control of the grantee. The word "control" as used herein is not
iiu ted to majority stock ownership but includes actual work_n_ control
in whatever manner exercised. Every change, transfer or acqu__izi3n of
control of the grantee shall make the franchise subject to cancellation
unless and until the City Council shall have consented thereto. Far
the purpose of determining whether it shall consent to such change,
transfer or acquisition of control, the City Council may inquireito
o
the qualifications of the prospective controlling party, and to
Grantee shall assist the City Council in any such inquiry. If -he
City Council does not schedule a hearing on'the matter within :?xtz
days after notice of the change or proposed change and the Mina- of
a petition requesting its consent, it shall be deemed to have cosented.
In the event that the City Council adopts a resolution deny n; i-;
consent and such change, transfer or acquisition of control ha_ �__n
effected, the City Council may cancel the franchise unless con__o of
the gra_itee is restored to its status prior to the change or t
status acceptable to the City Council.
D. The Grantee may mortgage or pledge the grant, syst_, or any
part thereof, for financing purposes, and may engage in the sale of
its stock publicly and in accordance with applicable laws. Any
mortgage or pledge shall be subordinante to the rights of the : -_--
under this ordinance and applicable law, and shall be subject -c :he
prior written consent of Council, whose consent shall not be unreason-
ably
reason_ably withheld.
16
operati-ol'L of the system. If the City elects to purchase the s: -_=e_,
the grantee shall promptly execute all appropriate documents to
tra:isfer title to the City, and the grantee shall assign all o:ner
contracts, leases, licenses, permits, and any other rights ne:_ssa- 7 co
maintain continuity of service to the public. The grantee sa:_ cc:oe_ace
with the City; or such agency or person authorized or directed f-- the
City Manager to operate the system for a temporary period in maintaining
continuity of service. Nothing herein is intended as a waiver of any othe_
right the City may have.
G. If the franchise:
i. is cancelled by the City Council by reason of the Craa_ee's
default, the system shall, at the election of the City,
become the property of the City at a cost not to exceed
90% of the fair market value of the system as a goin=
-concern, including physical assets and intangibles. Such.
fair market value, if not agreed upon, shall be deter ned
by arbitration as provided. in Section 13 of this ordinw.ce.
ii. terminates by expiration of its term, the purchase price
to the City of the system shall be its full fair market
value as a going concern, including physical assets and
intangibles. Such fair market value, if not agreed upon,
shall be determined by arbitration as provided in Sect en
13 of this ordinance.
iii. terminates by the assumption of ownership of the system
by the City, the City Council shall make every effort =c
secure the sale of the system to a person satisfac_ory to
the City. In seeking such a person, the City Council
shall advertise for bids and use such other reasonable
and practicable means to secure a purchaser as may be
available.
13. Arbitration
A. Natters which are expressly arbitrable under the provisions of
this ordinance shall be determined by an Arbitration Panel :Which shall
consist of not more than three members to be named by the City :.c-uciz
and the grantee. ?:there arbitration is expressly authorized by this
ordinance, the decision of the Arbitration Panel shall be a co:;d±t:on
precedent to any cause of action based on such expressly arbitrable
matters.
3. If the City Council and grantee agree on a three member panel,
the membership shall be one person named by the grantee, one meMber
named by the City Council, with the third member or presiding ^==4^..7 -
to be named by the grantee's representative and the Council's _eo_=-
sentative acting jointly. If they fail to agree as to the presc_g
officer, the presiding officer shall be named in the same manner as
provided in paragraph D of this Section.
C. IE the parties choose to name a single mem'_;er panel,
member scall be named by the grantee and the Council acting ;o:n= .
D. If the parties cannot agree as to the third member of zne
three member panel as described in paragraph 3 of this Section __ as
to the single member panel as provided in paragraph C of this Seozion,
then aster ten days notice on motion of either party, the court ha ng
jurisdiction of the matter in dispute shall appoint+ the member ::_cessar
to complete the Arbitration Panel.
E. Each party shall bear.the expenses of its own representative.
Tir7 expense of the third representative shall be borne equally :he
gra.it=ee and the City Council she expenses of the arbitrati J .
be bo rte as determined by the Arbitration Paael in its award c=
13
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r' -
finding, but in no event shall the City be obliged for more than one-
half of the expenses.
F. The determination of the single member panel or a majority of
a three member panel shall be binding on the parties.
19. Day to Day Regulation
A. The City Manager after affording the Grantee a reasonable
opportunity to be heard shall devise, promulgate and administer such
reasonable rules, regulations and procedures as may be required to
implement the provisions of this ordinance and the franchise ordinance
or any subsequent ordinance, ruling, contract, or agreement adopted
or entered into by the City Council with regard to the CATV system.
Such rules, regulations, and procedures shall be reasonable and con-
fined to matters pertaining to the day to day enforcement of policies
adopted by the Council
B. In cases where requests for service or adjustments have been
ignored or unfilled for other than just cause, the City Manager shall
have the power to require the Grantee to provide service in response
to all reasonable requests as the City Manager may determine.
C. The Grantee may appeal any decision made pursuant to this
section as provided for in Section 22 of this ordinance. -
D. Nothing in this section shall
of any other rights or powers the City.
for any of the situations- described in
20. Liquidated Damages
be construed to act as a waiver
might have against the Grantee
paragraphs A -D of this section.
A. For non-compliance with any of the foregoing material provisions
of this ordinance, there shall be assessed as liquidated damages the
following:
i. for failure to submit plans indicating expected dates
of installation of various parts of the system as
provided for in Section 10-A $100 per day.
ii. for failure to commence operations in accordance with Section
6-B - $200 per day, or at the discretion of Ci
for each three (3) months delay in commencement of operation
the term of the franchise may be reduced by one (1) year.
iii. for failure to complete construction and installation of
the system as provided for in Section 6-C and 6-D - $250
per day, or at the discretion of City Council, for each
three (3) months delay in the completion of construction
and the installation of the system, the term of the franchise
may be reduced by one (1) year.
iv. Failure to provide data of Sections 6-10 and 19-$50 per day.
v. For persistent failure to comply with reasonable recommenda-
tions of the City Manager relating to rates or services as
provided for in Section 19 and such reasonable requests or
recommendations as may be made pursuant to authority granted
by this ordinance - $50 per day.
vi. for failure to restore the cash deposit as required in Section
13B within the specified thirty days, the entire cash deposit
remaining (if any) and the full amount of the operating
performance bond shall be forfeited.
B. The Grantee shall not be liable for any failure to meet any
and all of the above requirements due to Federal, State or local
19
action, statute or ordinance, act of God, riot or ogler c_7_1
disturbance.
C. The Grantee may appeal any penalty which it cors icars
unre asonable as provided for in Section 22 of this or:i_nanz'e.
21. Hiring and Employment Practices
The Grantee shall not refuse to hire or employ, nor War or
discharge from employment, nor discriminate against any person in
compensation or in terms, conditions or privileges of employarxr
because of age, race, creed, color, national origin or sex.
22. Appeals
In the event the Grantee questions the reasonableness of any
order, requirement, decision or other action taken by the City or
shall be of the opinion that the City lacks authority to take such
action, the Grantee shall be allowed to appeal the order, require -int,
decision or other action to the City Council. The notice of objecrioa
and request for an appeal shall be made in writing to the City Manager.
within two weeks of the objectionable order, requirement, decision
or other action. The effectiveness of such order, etc. may be stayed
by the actio-. of the City Council upon its receipt of the notice of
objection, pending the Council's final determination of the appear.
This stay shall not affect any retroactive application of Councils
upholding any such order, etc.
23. Sundry Provisions
A. Every direction, notice or order to be served upon the _rattee
shall be sent to its office in the City by registered mail as estab-
lished by Sectioa 11A of this ordinance. E,;ery notice ser:ed
the City shall be delivered or sena registered mail to
of the City Manager, idunici pal Cen:'r, Virginia Beach, Virginia -56.
r lo::ice ororder shallbe L e -e __
_._� dei � -�er•� or mailing o ` si�r�', `1.��:i -- _
haae been given at the time of delivery.
3. All provisions of this ordinance shall apply to the grantee,
its successors, and assigns, as such may be approved by City CD,:ncil
in accordance with this ordinance.
C. The rights granted by this ordinance are subject to all
franchises and permits heretofore or hereafter granted by the Cou-_i1
or by the Council of the former City of Virginia 3each to use tHe
.s:reefs oE the City by other public utility or public service ;.^._=pr-
a;.ions. It is not intended 1.1 the grant of this franchise to ab_ _e
the exercise of the police poc,r heretofore or hereafter granted z:
the Cit by the General Asse :'iy. The grant of this franchise =s
ubject co all ordinances and resolutions of the Council of _:_e G_=
as the same now exist or may be hereafter amended, revised or
4.7 the lawful exercise of any other power granted to the Ci:v
Ieral Assembly.
D. Specific mention of the materiality of any of the pro-._s_ons
herein is not intended to be exc1u -t ive of any others . for the p __o _ _ e
of determining whether any failure oE compliance hereunder is
:anterial and substantial.
E. If any . particular section of this ordinance or the pa= i a r
application thereof, shall be held invalid, the reaaailin
a_td their application shall not be affected ti. ereby. Further, eny
20
par_icular section of this ordinance or provision of the francaise
award is determined by the FCC to be improper in any respect, the
franchise grantee is hereby pro hibi tcd from negotiating changes
thereto with the FCC without first obtaining specific approval to so
do from City Council. There such approJa1 has not obtained, the
city Council reTlests deferral by the FCC of its Certificate Award
process and a return of the matter to the City Council for its
review and appropriate action.
F. The grantee, upon its acceptance of this franchise, shall
be bound by the provisions of this ordinance and all responses,
statements, and information contained in its bid.
G. The Grantee should conform to any minimum standards adopted
by the Virginia Public Telecommunications Council pursuant to
section 15.1-23.1 of the Counties, Cities and Town statutes (Code -
of Virginia), especially those referenced in Chapter III of the
"Master State Plan for Public Telecommunication" which refer to the
jurisdiction of Commitee(s) of Educational Interests and/or leased
"Commonwealth Channel(s) access," except to the extent that such
standards are pre-empted by rules, regulations, and policies of the
FCC.
H. All new FCC rules- that are applicable to each and all of the
operations of any franchise granted under the terms of this ordinance,
shall be adopted by City Council and made a part of this ordinance
within one (1) year of passage by FCC.
24. Landlord -Tenant Relationships
Absent agreements to the contrary:
A. If a tenant wishes to obtain service from the Grantee and
the landlord of the premises does not desire service, the tenant
may, upon furnishing written permission from the landlord and upon
payment of all costs andassumption of liability for future payment
of all costs and service, receive service fro.a the grantee.
B. If a tenant does not desire service and the landlord wishes
to have an outlet installed in the premises, the landlord may have
such outlet or outlets installed in the premises upon the giving of
notice to the tenant of the time and place of the actual installation,
with all costs to be borne by the landlord.
Adopted by the Council of the City of Virginia Beach. on the
0.4L day of
JD3 : er
, 1975.
Fox
C. Ly Ci. t'.tr j _:,:L !'each
O rd.i. n. dated March 171 1975
Duey at the office of
(Date)
Date of this. Application
Name of Applicant •
At P,t`I.
Address of Applicant
r
Street Address
City, State, Zip Code
Name and Telephone Number of Principal to Whom Inquiries Should be
Made:
Name
Area Code - Telephone :Number
Authorized Signature - Title
0
APPLICATION FOR CABLE TELEVISION FRANCHISE
APPLICANT'S AFFIDAVIT
This application is submitted in response toy, Ordinance (�j-ad_24.1 /75
of the City of Virginia Beach by the undersigned who has ben duly
authorized to make the representations within on behalf of the ap-
plicant.
Applicant recognizes that all representations are,binding on it and
that failure to adhere to any such representation may, at the City's.
option, result in revocation of any franchise.that may be granted,
,in consequence of this application.
Consent is hereby given to the City to make inquiry into the legal,
character, technical, financial and other qualifications by,con-
tacting any persons or organizations named herein•as references,
or by any other appropriate means.
Firm Name
Affiant's Signature
Official Position
Date
Attest:
Signature
Corporate Secretary or Authorized Official
IT.M (8138
On motion by Councilman Gardner, seconded by Councilman Callis, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Call:is, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following ordinance to amend ordinance number
'+559 of the Code of the City of Virginia Beach relating to interest and
penalties for failure to report taxes:
•
N.
AN ORDINANCE TO AMEND ORDINANCE NUMBER
559 OF THE CITY OF VIRGINIA BEACH,
RELATING TO INTEREST AND PENALTIES FOR
FAILURE TO REPORT TAXES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
That. Ordinance Number 559 is hereby amended by deleting, in
Section 33-63, at the end of line five and at the beginning of line
six the words "the 5% of".
Adopted by the Council of the City of Virginia Beach; Virginia,
on the day of , 1975.
First Reading: March 17, 1975
Second Reading:
ITEM 118239
On motion by Vice Mayor Ferrell, seconded by Councilman 1'1cCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
":? Absent : None
:City Council approved the following ordinance to amend Section 22-259
of the Code of the City of Virginia Beach, relating to Motor Vehicle
Accidents:
AN ORDINANCE TO AMEND SECTION 22-259
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, RELATING TO MOTOR VEHICLE ACCIDENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-259 of the Code of the City of Virginia Beach is
hereby amended as follows:
By deleting present subsection (a) and replacing therefor the
following provision:
Section 22-259 (a). The driver of any vehicle involved in an accident
in which an attended vehicle or other attended property is damaged shall
immediately stop as close to the scene of the accident as possible with-
out obstructing traffic and report forthwith to the police authority;
and, in addition, to the person whose property was struck if such person
appears to be capable of understanding and retaining the information, or
some other occupant of the vehicle collided with or the custodian of
other damaged property,report his name, address, operator's or chauffeur's
license number and the registration number of his vehicle.
An emergency exists and this ordinance shall be effective from the
---mate of adoption.
Adopted by the Council of the City of Virginia Beach on the 1.7 ,
day of March , 1975.
ITEM #8240
Ou motion by Councilman McCoy, seconded by Councilman Standing, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
¶ity Council approved the following ordinance closing,vacating and
1iscontinuing;a portion of Cleveland Street, Virginia Beach, Virginia:_
I;
•
AN ORDINANCE CLOSING, V?1CW2ING AND
DISCONTINUING A PORTION OF
CLEVELAND STREET, VIRGIr1IA BEACH,
VIRGINIA
WHEREAS, proper notice that Coley K. Dunbar would
make application to the City Council.of the City of Virginia
Beach, Virginia, to have the hereinafter described portion of
Cleveland Street closed, vacated and discontinued, and as
duly posted; and -
WHEREAS application was made to the City Plarn-7.,g
Commission and to the. City Council, and, pursuant to the
statutes in such cases made and provided, the Council appointed.
Viewers who have reported to the Council that no inconvenience
to the public or private individuals would result from such
closing, vacating and discontinuance; and
WHEREAS, it is the judgment of the Council that said
portion of Cleveland Street should be closed, vacated a.%
discontinued.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia;
Section 1: That the said portion of Cleveland
Street described as follows in Virginia Beach,. Virgin.!, is
hereby closed, vacated and discontinued as a public thorough—
fare of the City of Virginia Beach, Virginia, said portion of
Cleveland Street not being needed for public use and trav l:
A portion
and Lo i ig
Virgini a,
-a cc r in.
of Cleveland Street situate, lying
in the City of Virginia Baach,
as more particularly ci a scribed o
piafi. ''Plat
StreetR.O.U. Closj..ng" r, , t:ed March 10, .197.1 ,
Stade by Duncan & 3ohnCo: Ltd., J.ng:i.neers &
Surveyors, a copy of `l•:h i :.,;1 is attached hereto,
o,
mal:kn_cl as Exhibit A to read as a `tart
hereo..
1
ITEM #8241
On motion by Vice Mayor Ferrell, seconded by Councilman McCoy, and by
recorded vote as.follow:::
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr.,, Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patr&ck L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: 'None
...> ity Council approved the following tax refunds in the amount of $233.82:
. s. cr:. r, .
ti=
•
SuJ]ec:. Application for Tax Refunds
The following applications for r cfund of t xes totaling
and certified for payn.cnt, as set forth below:
r•
Name
Tax.
Year
2.33.
- .1.
•
f..' , _.
----� ...� V. A. :. er:ce
1-4__:=2_,..:,-„ +. `.;;;14--) ,.,_..�' Tr_e st:rcr ' I
Type t.
e Tu � �.'l.Oi2Lr--
of Ticket Cation Date Pen- :Inter .Tota
Tax Numhe.. i1o. Paid Base �ltr ria _
Ibot & Assoc.
hn ,ublen
Taylor
!rothv Bennett
;rolyn'Wi1nvth'
hn Ferguson
arles G Hall
si_e T Mercer
`nes .Callahan
rind en J. W.
Galahad Co.
Aoove
1975
1975
1975.'
1975
1975
1975.
1975
1975
1975
1975
1974
CD
CD
CD
CD
CD
CD
CD
CD
CD
# 5609
# 62126
?r 48214
;� 96026
# 4412
# 35253
# 48292
30561
E 52340
Dog ..ag #K-0729
RE
q 050602
2nd half
1.1675
2-26-75
1-16-75
1-30-75
1-23-75
*27-75
1-16-75
1-13-75
1-23-75
2-24-75
4279 1-2-75
applications' Lor refund of taxes approved.
abatements totaling
132.21
6.61
7 . 5(
15.0(
7.5(
15.0(
15.0(
7.5r
7.5C
7.5(
7.5c'
50
138..3<:
Da e., /.:- -
_ Ai.Lor i::',_:
Approved by %Ci ty Counc i l
Data ,//,(,7 /., i'/ 71 7/
Ric.: i:'U
f •r
City Clerk"
ITEM #8242'
On motion by Councilman Callis, seconded by Vice Mayor Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
•
.‘L,..!Absent: None
City Council voted to approve an annual salary of $8,000 for the Mayor
of the City of Virginia Beach, effective March 8, 1975. This increase
is the result of an approved Charter change made... at the request of City
Council and signed by the Governor on February 26, 1975.
ITEM #8243'.
On motion by Councilman Cromwell, seconded by Councilman McCoy,
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor.
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
and by
Nays: None
Absent: None
On September 25, 1963, Carroll Gordon Oliver and Hazel S. Oliver deeded
to the City of Virginia Beach property in the Bayside Borough on which
Bayside High School is situated. However, instead of deeding the
to. the Virginia Beach School Board, the property was deeded to
i Ale City of Virginia Beach. Therefore, in order to have the records of
' 'the School Board in order, City Council voted to approve a transfer of
the Bayside High School property to the Virginia Beach School Board.
0
1
Tr-•
!i8244
Oi motion by Councilman Gardner, seconded by Councilman Collis, and by
recorded vote as follows:
Ayes: Councilmen John A.. Baum, Robert 1i. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
"`With the completion of the Public Safety Building and the Central Highway
and Utility Yard imminent, Council approved a transfer of $13,302 from the
Reserve for Contingencies to Compensation of Custodial Workers in the
Building Maintenance Bureau, so that this operation may be under way prior
to the occupancy of the buildings. This amount would cover the period
April 1, 1975, through June '30, 1975.
ITEM #8245
On motion by Councilman Standing, seconded by Councilman Griffin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the raffle permit of the Ladies Auxiliary of the
Davis Corner Fire Department and Rescue Squad.
ITEM #8246
m motion by Councilman Callis, seconded by Councilman Standing, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to rescind its motion on March 10, 1975 to hold a
Special Meeting on March 24, 1975, at 8:00 p.m., to meet with the
Virginia Beach Tomorrow Committee.
ITEM #8246(a)
On motion by Councilman Callis, seconded by Councilman Standing, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to hold a regular meeting on Monday, March 24, 1975,
at 2:00 p.m.,
Or ,1cti;;n by Councilman Waterfield, seconded by Vice Mayor Ferrell, and b
"recorded vote as follows:
Ayes: Councilmen John . Baum, Robert H. Callis, Jr. , Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
-;City Council voted to hold a Special Meeting on Wednesday, April 2, 1975,
,at 9:00 a.m., for the purpose of receiving the budget for fiscal year
--1975-1976.
ITEM #8248
Mr. J. Dale Bimson, City Attorney, informedCourcil
Vehicle Ordinance will be on the Council Docket for
the Gun Ordinance will be on the Council Docket for
ITEM#8249
Councilman Callis read the following resolution:
RESOLUTI O N
WHEREAS, on March 15, 1975, the Rotary Club of
Beach held its annual marathon; and,
WHEREAS, George L. Hanbury did now and complete the six
finishing far ahead of all City
that the Recreational
March 24, 1975, and
April 7, 1975.
the City of Virginia
skill; and,
mile race!
Managers; displaying great stamina and
WHEREAS, Mr. Hanbury has regained his natural color, I move that
the City Council of the City of Virginia Beach make known its respect
and admiration by giving Mr. Hanbury a standing ovation.
ITEM #8250
On motion by Councilman Gardner, seconded by Vice Mayor Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
•
Absent: None
City Council will hold an executive session on Monday, March 24, 1975,
for the purpose of discussing matters permitted for discussion under
Section 2.1-344, subparagraph 1 through 6, inclusive, of the Freedom
-p-f Information Act.
ITEM #8251
On motion by_Vice Mayor Ferrell, seconded by
unanimous vote, the meeting adjourned.
t� (� f
Richard J. Webbon, City Clerk
City of Virginia Beach,
Virginia
March 17, 1975
Councilman Gardner,
and by
J . Curtis Payne,' Mayor'