FEBRUARY 24, 1970
AIINIJI'Er OF '['[]E HOlt7O]@ABLT,, CT2'Y COIJNCIT,
OF 2'IIE
CITY OF VrrG.T)VIA BTACII, VIPGlllll't
February 24, 19@O
The regular meeting of the CounciZ of the City of Virginia Beach, Vi@qinia was
heZd in the CounciZ Chambers, in the Admi?2istration BuiZding, in the Borough of
Princess Anne, on Tueoday, Februa@ 24, 19@0, at 10:00 o'clock a.m.
Councilmen present: ijayor Frank A. Dusch, Vice '4ayor Robert B. Cro ezz, Tr.,
AZbert L. Bonney, Sr., George R. FerreZZ, D. M,,urray ilalbon, Lawrence, E. Plars7zazz,
John W. AIcCombs, I. Curtis Payne, G. Dewey Simmons, Jr., EarZ !4. Tebauzt, and
Kenneth N. Whitehurst.
Councilmen absent: None
The invocation was given by Reverend WiZZiam Brake of the GaZitee EpiscopaZ Church.
On motion by Mr. AloCombe, seconded by 14r. TebauZt, and by unanimous vote, City
CounciZ approved the Plinuteo of the meeting of February 9, 1070, and the reading
of said I-linutes diapensed with, inasmuch as each CounciZman had a copy of said
Minutes before him.
Mayor Dusch recognized schooz chizdren from Alanton EZementery ;,,chool and Friends
SchooZ in Yirginia Beach.
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The regular meeting of the Council of the City of Virainia
Beach, Virginia, was held in the Council Chainbers of the Admin-
istration Building of the Cit of Virginia Beach, on Tues'day,
February 24, 1970, at 10:00 oyclock A.M.
On motion by Mr. .5-7,npTio s and seconded by 14r. Alcirs,',ioll
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WHEREAS, Old Dominion University has embarked on a program
of augmented educational facilities serving the Tidewater area;
and
WHEREAS, the use of such facilities is of major benefit to
the citizens of Virginia Beach; and
WHEREAS, House Bill Number 120, the budget proposed for the
State of Virginia, includes the sum of $11,248,325.00 for opera-
ting expenses for Old Dominion University for the next biennium;
and
WHEREAS, the fund limitations imposed by such-budget will
force the curtailment of existing programs and prevent the
expansion of the University in highly desirable areas.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the senators and delegates elected from this district
are hereby urged to exert their strongest efforts to zissure the
restoration of sufficient funds to Old Dominion University to
enable that Institution to continue along the course previously
charted.
11"'077
The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the Admin-
istration Building of the Cit of Virginia Beach, on Tuesdoy,
February 24, 1970, at 10:00 oyclock A.M.
On motion by Mr. Si ?ors and seconded by Mr. 1@ar,-7za7,7,
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WHEREAS, Norfolk State College, at Norfolk, has embarked on
a program of augmented educational facilities serving the Tide-
water area; and
WHEREAS, the use of such facilities is of major benefit to
the citizens of Virginia Beach; and
WHEREAS, House Bill Number 120, the budget proposed for the
State of Virginia, includes the sum of $7,328,085.00 for opera-
ting expenses for Norfolk State College, at Norfolk, for the
next biennium; and
WHEREAS, the fund limitations imposed by such-budget will
force the curtailment of e-visting programs and prevent the
expansion of the College in highly desirable areas.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIIE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the senators and delegates elected from this district
are hereby urged to exert their strongest efforts to assure the
restoration of sufficient funds to Norfolk State College, at
Norfolk, to enable that Institution to continue along the course
previously charted.
The regular meeting of the Council of the City of Virginia
Beact-i was held in the Council Chambers of the Administration
Building of the City of Virginia B(-@ach on Tuesday, February 24,
1970, at 10:00 01clock A.M.
On motion by Mr. Simonr, and seconded by Mr. ilarslq7,1,
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WBEREAS, Virginia is faced with the situation of providing
for an increasingly large population of mentally retarded citizens',
and
WHEREAS, the Commonwealth has offered, through legislation in
previous sessions, the opportunity to better provide for these re-
tardates at the State, regional and local levels; and
WHEREAS, the legislative intent to provid.e community facilities
and programs tlirough Cot-@imunity Mental Health Services Boards, and
through regional residential centers for the mentally retarded,
appear in the 1970-1972 Governor's budget recommendations to be not
funded, or inadequately funded;
NOW, THEREFORE, BE IT RESOIVED by the Council of the City of
Virginia Beach, Virginia:
That the City Council requests the General Assembly to:
1. Reinstate $7.4 million in the budget of the Department of
Mental Hygiene and liospitals for the construction of the South-
eastern Regional Residential Center for the @feritally Retarded.
2. Approve operating funds in the amount of $1.3 million in-
cluded in the Department's budget request for the funding of
Coinmunity @lental Ilealth & Mental Retardation Services Boards.
BE IT FURTHER RESOLVED, tliat tlie City Clerk is reqtiested to
foi-ward a copy of the resolution to 1,7. Roy Smith, Chairman of
House Appropriations Comriittee, House of Delegates, Richmond,
Virginia 23219 and Dr. J. D. Hagood, Chairman of Senzit(-, Finance
Cornmittee, State Senate of Virginia, Richmond, Virginia 23219.
The regular meeting of the CouT,cil of the City of Virginia
Beach, Virginia, was held in the Council Chamber of the Adminis-
tration Building of the City of Virginia Beach, on Tuesday,
February 24, 1970 at 10:00 o'clock A.M.
On motion by Mr. and seconded by Mr.
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WHEREAS, the State Board of Education submitted to the governor
a proposed budget for the fiscal biennium, beginning on July 1, 1970,
which included funds estimated to be sufficient for basic school
aid; and
WHEREAS, in House Bill #120, it appears that the proposed state
budget reduces the amount recommended for basic school aid by approxi-
mately thirty-six million dollars; and
WHEREAS, the net sum recommended for appropriation for basic
school aid is at least two million dollars less than the fund approved
for the current biennium; and
WHEREAS, the need for assistance in this area has increased by
reason of increased salaries for teachers and by increases in the
actual number of teachers, resulting from new requirgments established
by the State Board of Education; and
WHEREAS, the reduction in state support in this area of education
will impose severe financial hardships on the school systems of the
state and may result in curtailment of essential and desirable programs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That this Council urgently request the members of the General
Assembly, elected from this district, to make every effort to provide
funds sufficient to restore the appropriation for basic school aid
to a more realistic level.
II'TSAI @120?4
Ref@@ge Planager fcr Back 13c@2f N(itZr)),iaZ 'c, T@cr?i, (,7, ?@ed
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for l@se I)Y thc p b7,ic.
1,7otio I /)Y llr. I)y l@ij
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ORDINANCE NO
AN ORDINANCE TO PRESCRIBE PROCEDURES FOR
THE CONDUCT OF CHARITABLE SOLICITATIONS
AND FOR THE APPROVAL AND ISSUANCE OF
PERMITS FOR SUCH SOLICITATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That, Section 18-1, Virginia Beach City Code, is here-
by reordained and amended by changing the period at the end
thereof to a comma, and by adding the following words: "Which
solicitations are governed by Article IV of this Chapter."
2. Section 18-5 is hereby repealed.
3. There is hereby enacted Article IV, of Chapter 18,
Virginia Beach City Code as follows:
"Article IV, Charitable Solicitations"
Sec. 18-30. Permit -- Required.
It shall be unlawful for any person, organization, society,
association or corporation, or for any agent, member@or represen-
tative thereof, to solicit property ot f3*.nancial assistance of
any kind, to sell or offer to sell any article, tag, service,
emblem, publication, ticket, advertisement, subscription, or
any thing of value on the plea or representation that such sale
or solicitation, or the proceeds therefrom, are for a charitable,
educational, religious, patriotic or philanthropic purpose, on
the streets, in any office buildin.-I or any other public or
private place, by house to house canvass, or by telephone in
the city unless such person, organization, society, association
or corporation shall have first obtained a permit in compliance
with the terms of this chapter; provided, however, that the
provisions hereof shall not apply to:
(a) Any church congreg4tion, religious society, sect,
group or order which solicits funds for its own use solely from
its own members or from its own congregation; and
(b) Any fraternal, social, patriotic, cultural Or educa-
tional organization which solicits funds solely from its own
members or from its oiqn assemblies.
Sec. 18-31. Same -- Application; information to be contained.
A written application for a permit to solicit for any cause
whatever as provided in Section 18-30 Shall be sworn to and filed
with the City Manager not less than thirty days prior to the
initiation of the proposed solicitation and ten days prior to the
meeting date of the commission. The application shall contain
the following information:
(a) The name of the organization applying for a permit
to solicit and the address of the headquarters in the city, if
the organization is a chapter or other affiliate of an organi-
zation having its principal office outside the city, the name
and address of the parent organization.
(b) The names and addresses of all officers and directors
or trustees of the organization; name ana city of residence of
all officers; directors or trustees of the parent organization,
if any.
(c) The purpose for which any receipts derived from such
solicitations are to be used.
(d) The name of the person or persons by whom the receipts
of such solicitation shall be disbursed; if the receipts are
transmitted to a parent organization for further disbursement,
detailed information on the methods of handling and disbursement
of all funds and a detailed and complete financial statement of
the parent organization for the last preceding fiscal year.
(e) The name and address of the person or persons who
will be in direct charge of conducting this solicitation.
(f) An outline of the method or methods to be used in
conducting the solicitation.
(g) The period within which stich solicitation shall be
made, including the proposed dates for the beginning and ending
of such solicitation.
(h) The total amount of funds proposed to be raised.
(i) The amount of all salaries, wages, fees, commissions,
expenses and costs to be expended or paid to anyone in connection
with sueb solicitation, together with the manner in which such
wages, fees, expense, commissions and costs are to be expended,
and the maximum percentage of funds collected which are to be
used to pay such expenses of solicitation and collection.
(j) The names of all officers, directors or trustees present
when the decisions were made in reference to subsections (h) and
(i) above.
(k) A detailed and complete financial statement for the last
pr6ceding fiscal year of any funds collected for t.he purposes set
out in Section 3 by the organization or persons seeking a permit
for sucli solicitation, said statement giving the amount of money
so raised, together with the cost of raising it and the final
distribution thereof.
(1) A full statement of the character and extent of the
charitable, religious, educational or philanthropic work done by
the applicant organization within the city during the last pre-
ceding fiscal year.
(m) If the applicant is a charitable corporation, a copy of
its charter from its state of incorporation as a charitable
corporation.
(n) If the applicant is a charitable corporation or other
organization, proof of its current status as an organization to
which contributions are tax deductible for federal inconle tax
purposes.
(0) Such other information as may be required by the City
Manager in order for him to determine fully the kind,-character
and worthiness of the proposed solicitation.
The application shall be subscril)ed and sworn to by the
applicant before an officer authorized to administer oaths; if
a partnership, by a member of the firm; if a corporation, trust
or association by one of its officers or trustees.
Sec. 18-32. Same -- Investigation; conditions of approval;
certification to City Manager.
Upon receipt of an application as provided in Section 4,
the City Manager shall make or cause to be made such investigation
as shall by hiin@be deemed necessary in regard thereto. As a
result of its investigation and action the City Manager shall
issue a permit, provided all other provisions of this chapter
are complied with and unless one or more of the fo-llowing facts
is found to exist:
(a) That one or more of the statements made in the applica-
tion is not true;
(b) That the applicant is not a responsible person of
good character and reputation for honesty and integrity, or if
the applicant is not an individual person, that any officer or
agent of the applicant is not a responsible person of good charac-
ter and reputation for honesty and integrity;
(c) That the control and supervision of solicitations on
behalf of the applicant will not be under responsible and reliable
persons;
(d) That the applicant is or has engaged in a fradulent
transaction or enterprise;
(e) That a solicitation on behalf of the applicant would be
a fraud upon the public;
(f) That the cost of solicitation for a charitable purpose
in the city during any of the three years irmnediately preceding
the date of application has been excessive in relation to the
gross amount raised.
(9) That the expected cost of Solicitation Will be excessive
in relation to the expected gross amount to be raised. Any such
cost in excess of twenty percent of the amount collected shall
be deemed to be unreasonable unless special facts or circumstances
are presented showing that a cost higher than twenty percent is
not unreasonable.
(h) That such solicitation will be incompatible with the
protection of the health, life, property, safety, w@lfare or
morals of the citizens of the city.
Sec. 18-33. Same -- Duration and renewal.
The City Manager shall determine from the application and
from such facts as may be developed in connection with such appli-
cation the period of active solicitation fo r which such permit
shall be approved and granted; provided, that such period shall
not exceed three calendar months; and the City Manager shall issue
the permit for such period; provided, however, that upon further
application, information or reports, as it may deem necessary to
safeguard the interests of the public and carry out the ptirposes
of this chapter, the City Manager may renew and extend such
permit for additional periods, not to exceed three calendar months.
Sec. 18-34. Same -- Nontransferable.
Any permit approved and issued under this chapter shall be
nontransferable; provided, however, that this shall not prevent
any permittee from using any number of solicitors and represelita-
tives as shall be reported to the City Manager.
Sec. 18-35. Same -- Revocation.
If, upon receipt of written information or upon his own
investigation, the City Manager shall find that any agent or
reDresentative of the perinit holder is misrepresenting or rriaking
untrue statements with regard to the solicitation, or has made
untrue statements in the application or otherwise violated the
provisions of Section 5, or that in any other way the.solicita-
tion has been conducted or is being conducted in a manner
inimical to the protection of the health, life and property of
the citizens of the city and not in conformity with the intent
and purpose of this chapter; or representing in any way that
any permit granted hereunder is an endorsement of such solicita-
tion, then it shall be the duty of the City Manager to revoke
the permit; provided, however, that before any permit is revoked,
the City Manager shall give the permit holder twenty-four hours
notice in writing that a hearing is to be had and that at the
hearing the City Manager shall ascertain the facts, and if any
reasons above set forth for revoking the permit are found to
exist, the permit shall be revoked.
Sec. 18-36. Same -- Appeal from decisions of -charitable
solicitations commission.
An appeal from any act of the City Manager in granting,
refusing or revoking any permit may be made to the City Council
in writing not less than ten days following such action; pro-
vided, however, that personal appearance may be made before the
City Council at the time the appeal is reviewed by the Council.
Such appeal in writing shall be delivered to the City Clerk with-
in ten days after the action of the City Manager; otherwise, any
action of the City Manager in granting, refu,@,ing or revoking any
permit shall become final.
.Sec. 18-37. Same -- Reports to be filed.
All persons or organizations issued permits under this chapter
shall furnish to the City Manager within thirty days after the
solicitation has been completed, a detailed report and financial
statement showing tlie amount raised by the solicitation, the amount
expended in collecting such funds, including a detailed report of
the wages, fees, commissions, and expenses paid to any person in
connection with such solicitation, and the disposition of the
balance of the funds collected by the solicitation; provided)
however, that the City Manager may extend the time for filing
of the report required by this section for an additional period
of thirty days upon proof that the filing of the report within
the time specified will work unnecessary hardships on the permit
holder. The permit holder shall make available to the City
Manager or to any person designated in writing by him as his
representative for such purpose, all books, records, and papers
whereby the accuracy of the report required by this section may
be checked.
Sec. 18-38. Agents and rolicitors for charitable
solicitation permit holders.
All persons to whom permits have been issued.under this
chapter shall furnish proper credentials to their a'gents and
solicitors for such solicitation. Such credentials shall in-
clude the name of the permit holder, the date, a statement
describing the holder's charitable activity, a description of
the purpose of the solicitation, the signature of the permit
holder or of the holder's chief executive officer, and the name,
address, age, sex, and signature of the solicitor to whom such
credentials are issued and the specific period of time durin@
which the solicitor is authorized to solicit on belialf of the
permit holder. No person siiall solicit under any permit granted
under this chapter without the credentials required by this
section and a facsimile copy of the permit shall be shoi,,n upon
request, to all persons solicited and to any police officer of
the city.
No agent or solicitor shall solicit coiitributions for any
charitable purpose for any person in the city unless such person
has been granted a permit under the provisions o.f this chapt(-,r.
Sec. 18-39.. Responsibility for overt acts of solicitors.
The recipient of a solicitation permit shall be responsible
for the overt acts of his authorized representative in- connection
with such solicitation.
Sec. 18-40. Public inspection of records.
The City Manager shall file each application for charitable
solicitation permit, as provided for in Section 4, together with
all supplemental reports submitted, as provided for in Section 11,
and such written notice of approval of permit from the City Manager,
as provided for in Section 5, also such written findings arising
out of any investigation by the Manager, as provided for in
Section 5; and, upon request of any individual, the City Clerk
shall produce such aforementioned documents for inspection.
Sec. 18-41. Certain methods of solicitation prohibited.
The following methods of solicitation are and shall be
prohibited within the city:
(a) Solicitations by telephone by persons employed and
paid primarily for that purpose, except of salvable property.
(b) Solicitations by children under fourteen years of
age except where both of the following exist:
(1) The children are members of the organization for
whose benefit the solicitation is made; and
(2) All funds so solicited, less permissible costs,
are to be expended priniarily for the direct benefit of children.
(c) Solicitation by means of coin or currency bo)Ces or
receptacles, except:
(1) When each such box or receptacle is serially
numbered and the commission advised of the number and location
of each; and
(2) When eacti such box or receptacle is the respon-
sibility of a bona fide inember, agent or sol.icitor of the
I il,
(3) When such responsible person is required to pick
up each box or receptacle at the end of the solicitation period;
and
(4) When the use of such boxes and receptacles in the
solicitation is expressly authorized by the commission; and
(5) When such responsible person has no more than a
reasonable number of such boxes or receptacles for whith he
must account.
ITL@l #2076
On motion by Mr. AlarshaZZ, seconded by @ir. TebauZt, and by unanimous vote, City
Council approved the foZZowing appzications for tax refund@- in the amount of
@3,296.6.9.
TO: Mr. liarry T. @larsliall, City Attorn,y
Date
FIZOM: Mr. V. A. Ethcridge, Trcasur(@r
SUBJECT: Application for Tax Refunds:
Tlie following applications for r,f,,,d of taxes totaling
are certified for paymcnt, as set forth below:
V. A. Etlieridge, Treasurer
Tax
Name Year Totil
@7c@
1 2 a
'r, I (' fcljlovj),@@ fOr rcfiiiid of
re c(,rtificci for p;IY]Ilellt:, Zl,'3 SUL forl]l
V. A. Etlic@ri(lgc-, Tre@irt,rer
f ,
0
Alov,2
lic following apl)lications for refund of taxes totaling $
re certified for payment, as set fortli belowl."@
A. Etlieridgc, Trcasurcr
Namc Total
6-i
41
Z,,/ 1'2
7
c
01. I I
TO: Mr. Ilarry T. Marshall, City Attorn,-.y Date
FROM: Mr. V. A. Etlic,-ridg(-,, Treasurer
SUBJECT: Application for Tax Refunds:
Tlie following applications for refund of taxes totaling 7@
are certified for payltient, as set forth be ow
V. Etheridge, Treasurer
Type Tax
Tax of Ticket Exonera- Dite
Name Year Tax Number tion No. Paid Base Pepalty Tnt:erest Totql
LJ f,
/1, 41
I)OV(@ t tind of L,,ixc, iteiii-
A c@iil @; total iii@,
,-ite 'Il)l)rov I)Y City coulici@l VIA
rry CILY ALt@,,,,,@y
IT,Iil #PO@7
On motio?@ by Mr. I?onney, seconded by Alr. FerreZZ, and blu una@zimoz).s vote, City
CounciZ approved the foZZowing Ordinance appointing v?,eb)ers.
In the matter of the Closing,
Vacatine and Discontinuinr-- of
a certai.n street located in the
Kempsville Borrough of the
City of Virginia Beach, Virginia,
and being more particularily a
portion of SURF AVENUE, City of
Virginia Beach, Virginia.
ORDINANCE APPOINTING VIEWERS
MIEREAS, Jurel B. Manseau and Gloria H. Manseau, have
i given due and proper notice, in accordance with the statutes for
such cases made and provided, that they would on thi-s day apply
to tlie City Council for the City of Virginia Beach, Virginia, for
the appoiiitment of viewers to view the below described property
and rc@porr. in writing to the Council wlietl)er, in the opini-on of
said viewers, any, and if any, wliat, inconveiiience would result
from the discontinuing of the hereiriafter clescribed str(@et in thc,
K(@iiipsvill(@ Borrou@-h of the City of Virginil B(@acli, Vi.r[,iiiia, and
liave filod such application witti thc saicl Couricil.
NOW, TIJEREFORE, IT B],-. ORDAINED B)' TIIE COIJNCIL OF' TIJE
Cl@l'Y OF VIIZG [NIA 13EACII, VIRGINLA:
I'liaL, CharZes @13.
ar)d Wort7i Tl(,tt,2i arc@
11(@r(?I)y al)l)oi])L(@ci 1-0 vic@w Llt(! 1)(-@low c](@@,,crib(@cl 1)rop i-Ly ziiitl r(@I)ort-
ol] ol@ 1)(@l C)l 1,11(, (Jzlv o[
1970,
-11(!r i.)] 01)1.1@ioll, Z"'Y' zill(I if
-"'Y, w at. ,i ii coliv
h wolild froin
closirig, or vacatiri-, of tl)al cerlain str(,,(,L located iri tiorrol
l@,h of
Koinpsville, CiLy of Vi-rt@inia Beach, VirL!,inia, closcribcc]
f ollows:
I @T R HAYS
I
7ORNEY
@UITE4 A Beirig th,@t porti.on of Surf Avel-)ue lying in ttle
E.@, R I., Rd City of Virginia Bc)acli, Virgii)ia, and being-
@p@.k., V. 23325 betwec@n the casterly siJe of Justis SLreet at
its intersection with Surf Avenue, and running.
thence along Surf Avenue to the westerl.y in-
tersection of Surf Avenue and McDonald Road, a
portion of which property is in the City of
Virgi-nia Beach, and a portion of whicti property
is in the City of Chesapeake, Virginia, and
being that portion of the said Surf AvenLic@
contiguous and lying between Lots 18, 21, 28
aiad 29 as shown on the Plat of Powhatan
Heights Subdivision, Section 1, and belng
further showii and recorded in Map Book 31 at
page 37 in the Office of the Clerk of the
Circuit Court of the City of Vir@inia Beach,
Virginia. ITE,@1 #2078
14r. CaZvin s@ain appeared before CounciZ in regard to the street closure matters
rela i've to a portion of Arctic Avenue in ShadowZawn Heights area and Ozd Pacific
Ave@iue in Rudee InZet area.
On motion by @lp. 1@!a2,shaZI, seconded by l@r. Bonney, ayzd by unanimo7i.3 vo@-e, City Council
,-Ief,?Y,red both @-treet closure matters untiz llarch 23, 1970.
-TTEli! #2079
On motion by Mr. Bonney, seconded by @@'r. FerreZz, and by unanimous v te, City
(,'ou77(,-iZ appro?)(,d the street ezosure of Denney Lane in FempsviZZe Boro7@gh.
AN ORDINANCE CLOSING, VACATING
AND DISCONTIN[JING A ioll,]T TWELVE
(12@) FOOT RIGIIT OF WAY LOCA-@ED
IN KEMPSN7ILLI@, BO.PO H, CIIY OF
VIRGINIA BF,ACII, VIRGINIA
- - - --- - - - - - - - - -- - - - - - - -
-000-
WIIEREAS, proper notice tliat P.POPLE'S BANK OF VIRCINIA BEACII,
a Vi.rginia corporation, would make appli.cation to tlie CitY COuncil
of the city of Virginia Beach, Virginia, to have the hereinafter
described joint twelve (12') foot right of way closed, vacated. and
discontinued as a riglit of way and a piiblic street in Kempsville
T3orouqh, City of @7irginit Bezich, Virgini,), wlis (lu-1-y poqt(,,d; )n(!
lqllEpEAs, all the o@,7nerf-, il)tittinq sli_(l joint t@,7c,-J-v(, (12').Eoot
riqlit of wav have ri(jllt- of wlv T)c, c.@Losc,(!; -in(I
C; 4- Y '-!,anniyig com
-- I mis-
sion ind to th,@ City Council and, pursuant to the statut,, iii sucli
cas(,s made an(I provided, the Council appointed Viewers wlio Ilave re
pc)rted to the Council that no inconvenience to the puhlic or to
private individuals vould result from such closing, vacating and
discontinuing; and
WHEREAS, it is the judgment of the Council that said joint
t,4elve (12') foot right of way should be closed, vacated and dis-
continued;
NOW, therefore, be it ORDAINED BY TIIE COUNCIT, OF THE CITY
OF VIRGINIA BEACH, VIRGI@IIA:
-----------
Section 1:
---------- That the said joint twelve (12') foot right of
way described as follows, located in the Porough of Kempsville,
City of Virginia Beach, Virginia, is hereby closed, vacated and
discontinued as a public right of ,7ay and public street of the Cit@,
of Virginia Beach, Virginia, said right of way not being needed
for public use and travel:
TITAT PORTION OF LAND in Kempsville Bognuah,in
the City of Virginia Beach, Viralinia;beginning
at a point on the South side of Dennev Lane 57'
Northeast of Neinpsville Road; thence Southeast
70' to a point; thence Northeast 121 to a point;
thence Northwest 70' to a point; thence South-
west 12' to the Point of Beginning.
SAID PROPERTY BEING a Joint @.7elve (121) foot
right of way as shown on that certain plat, en-
titled "PPOPERTY OF@ CLARA D. FIAIITLL-LOPRAINr@@
DEP@NEY & VERA DENNEY, LOCATEI) IN l@@IPSVILLE-
PRTNCESS ANNE COUNTY, %TA.", June 23, 1952, and
made by W. B. Gallup, Countv Surveyor,recorded
in the Clerk's office of the Circiiit Court of
the City of Virginia Beach, Virginia, in P4ap
Book 308, at Page 323.
-----------
Section 2:
That Thirty (30) days after this date a c()Pv of
this Ordinance, Certif--i-ed I)v the Clerlr, be sprcad upon the public
records in the Clerk's Office oi: tlie Circuit Court of this Cl.ty
and indexed in like manner as a deed of lands.
Ort trictio@'i by Aly'. -,C(,o)lided Z,iw I!r. Ilarsha 1, and y una@zimous vote, (,@-ity
Cc)uncil approved the fozzo?jiyzg
WHEREAS, on August 11, 1969, the Council of the City of
Virginia Beach, Virginia, adopted a resolution entitled IlResolution
Authorizing the Issuance and Sale of $4,750,000 School Bonds,
Series of 1968 B, of the City of Virginia Beach, Virginia, Here-
tofore Authorized, and Providing for the Form, Details and Payment
Thereof, if and
WHEREAS, it was contemplated that such bonds would be
sold to the Virginia Public School Authority but such Authority
has been unable to buy the bonds and the Council desires t, mak,
other plans for the sale of such bonds;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH,
VIRGINIA, that the resolution described above is hereby revoked
and shall have no further force and effect.,
On tnotion by @Ir. I'ay,zc, secoilcl(,(l y ',r. a,icl by vote, (,,@ty
(,'ou@iciZ ar)provcd the foZZotoing ILCIIO-llll@0),Z to school 7ionds.
At a regular m(--eting of the Council of the City of
Virginia Beach, Virginia, held on the 24th day of February,
1970.
PRESENT: M-ayor 1ra7zk, A. I)usc-h, vice, @layor -@ob(,rt P. CromeZZ, ir.,
AZbei,t L. 13onney, George R. ForreZZ, D. @lurray IfaZZ)on,
Lawrence E. I!arshaZZ, Iohn A,. 1I6C,,mbs, @. Curtis Pay e,
G. Dewey Simmons, Tr., EarZ @!. 7eZ)auZt, and ]@ennoth P@.
P,Ihitehur.9t.
ABSENT: None
The following resolution was adopted by the following vote:
AYES: Unanimous
NAYS: None
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$250,000 SCHOOL BONDS, SERIES OF 1965 C, OF THE
CITY OF VIRGINIA BEACH, VIRGINIA@ HERETOFORE
AUTHORIZED, AND PROVIDING FOR THE FORM$ DMILS
AND PAYMENT THEREOF
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The issuance of school bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $5,000,000 having
been approved at an election held in the City on March 16, 1965,
and there having been previously issued $4,750,000 of such
authorized amount, there are hereby authorized to be issued and sold
the remaining $250,000 bonds.
2. The bonds shall be coupon bonds without privilege
of registration, shall be designated "School Bonds, Series of
1965 Ci if shall be dated March 1, 1970, shall be of the denomina-
tion of $5,000 eacli, shall be numbered from I to 50, inclusive,
and shall mature in numerical order in installments of $25,000
on March 1 in each of the years 1971 to 1980, inclusive, without
option of prior redemption. The bonds shall bear interest at
such rate or rates not to exceed 7% per year as determined at
the time of sale, payable semiannually on March I and September 1.
Both principal and interest shall be payable at the principal office
of First & Merchants National Bank, Richmond, Virginia, or Bankers
Trust Company, New York, New York, at the option of the holder.
3. The bonds shall be signed by the facsimile signature
of the Mayor of the City of Virginia Beach, shall be countersigned
by the Clerk of the City and a facsimile of its seal shall be
printed on the bonds. The coupons attached to the bonds shall be
authenticated by the facsimile signatures of the Mayor and Clerk.
4. The full faith and credit of the City of Virginia
Beach are hereby irrevocably pledged for the payment of principal
of and interest on the bonds. There shall be levied and collected
annually on all locally taxable property in the City an ad valorem
tax over and above all other taxes authorized or limited by law
sufficient to pay such principal and interest as the same respectively
become due and payable.
5. Tlie City Manager and the Clerk are hereby authorized
and directed to request the assistance of the State Commission
on Local Debt for the prompt sale of such bonds and to work with
such Commission and with the City's bond counsel and to take all
such action as they may consider appropriate to provide for the
prompt sale of such bonds.
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a true
and correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach held the 24th day of February
1970, and of the whole thereof so far as applicable to the matters
- 2
referred to in such extract.
WITNESS my hand and the seal of the City of Virginia
Beach, Virginia, this 2,1@ld.,y of February, 1970.
Clerk, City ot" ;Virginia Reach,
Virgini-
(SEAL)
ITEM #2082
On motion by Mr. VcCombs, seconded by Afr. Payne, and by unanimous vote, Ci@y
Council approved the followi7ig Resolution rezative to sewer bonds.
At a regular meeting of ttle Council of the City of Virginia
Beach, Virginia, held on the 24th day of February, 1970,
PRESENT: @!ayor Frank A. Dusch, Vice I!ayor Robert B. CronmeZZ, Tr.,
Albert L. Bonney, Er., Georae P. FerreZZ, D. liurray @lazbon
Lawrence E. ParshaZZ, John W. P!cCombe, T. Curtis Payne,
G. Dezjey Simmons, lr., EarZ ii. TebauZt, and @enneth N.
ABSENT: Whitehurst.
None
the following resolution was adopted by the following vote:
AYES: Unanimous
NAYS: None
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$1@250,000 SEWER BONDS OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR
THE FORM, DETAILS AND PAYMENT THEREOF
BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIIZGINIA BEACH,
VIRGINIA:
1. The issuance of sewer bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $1,250,000 haviiag been
approved at an election [ield in the City on January 20, 1968, @here
are hereby autliorized to be issued and sold $1,250,000 Sc-@wer Bonds
of tlie City of Virginia Beacti.
2. The bonds shal-1 be coupon bonds wichout privilege of
registration, sliall be dated March 11 1970, shall. be of the denom-
ination of $5,000 each, shall be numbered from I to 250, inclusive,
and shall mature in numerical order in installments of $50,000 on
March 1 in each of the years 1971 to 1980, inclusive, and $75,000
on March I in each of tlie years 1981 to 1990, inclusive, witflout
option of prior redemption. The bonds shall bear interest at such
rate or rates not to exceed 7% per year as determined at tlie time
of sale, payable semiannually on March 1 and September 1. Both
principal and interest shall be payable at the principal office
of First & Merchants National Bank, Richmond, Virginia, or Bankers
Trust Company, New York, New York, at the option of the holder.
3. The bonds shall be signed by ttie facsimile signature
of the Mayor of the City of Virginia Beach, shall be countersigned
by the Clerk of the City and a facsimile of its seal shall be
printed on ttie bonds. The coupons attached to the,bonds shall be
authenticated by the facsimile signatures of the May @r and Clerk.
4. It is hereby covenanted and agreed witli the holders
of the bonds herein authorized to be issued and sold that so long
as any of such bonds are outstanding and unpaid the City of Virginia
Beach will:
(a) charge rates or fees to sewer users and fix and
maintain sucli rates or fees at such level as will produce sufficient
revenue to pay the cost of operation and administration, the cost
of insurance against loss by injury to persons or property and the
principal of and interest on the bonds as the same become due;
(b) apply the revenue derived from the operation of
such system in each fiscal year first to tlic payment of such cost
of operation and administratioii during such year and ttien to the
payment of the principal of and interc@st oii tlic. bonds bc-,coriiing due
in sucli yeai-;
(c) levy and collect @,innit@il-ly aii ad v@tlorem t,.ix on all
the locally t@ixal)le [)rof)crty of the City without limitatioi-i as to
rate or amount if the net reveiiue of such system available to pay
the principal of and interest on the bonds as the same become due
is insufficient therefor; and
(d) segregate and keep segregated from all other City
funds all revenue derived from the operation of such system and
keep proper records and accounts therefor, separate and apart from
all other municipal records and accounts.
5. The City Manager and the Clerk are hereby authorized
and directed to request the assistance of the State Commission on
Local Debt for the prompt sale of such bonds and to work with
such Commission and with the City's bond counsel and to take all
such action as they may consider appropriate to provide for the
prompt sale of such bonds.
The undersigned Clerk of the City of Virginia Beach, Virginia,
hereby certifies that the foregoing constiti4tes a true and correct
extract from the minutes of a regular meeting of the Council of
the City of Virginia Beach held the 24th day of February, 1970, and
of the whole thereof so far as applicable to the matters referred
to in such extract.
WITNESS my hand and the seal of the City of Virgi.nia Beach,
Virginia, this @'/@day of February, 1970.
Zlerk, City,@f- Virginia Bea@h,
(SL;'AL) Virginia
0 b3 I)Y l@r. '/', a7@lt, a (I /'y
C'o7,i@ic-il al.,prov?(] th(,, of "l, 000. 00 for thc Ci fy ',, ,3h(zrc of tlic
of ,,'C,OOO.OO f@or, A!2,. i?olr?rt 11. Va?,@ghzn, Per-o@4@Z ]'roperty ttle off@C2,'
of the Cot77t@ii,,-,eioyicr of l@cve ?,ie, @772o 'zas bec,.n r(2-ci@2r)Zoyc@d. Y'lic approl)riation ?,)ill
be as folZoL)s: "750.00 for sa7arz; a@?d @'150.00 for totali cl .,@1,000.00.
ITKAI 112084
On motion by Ilr. Ferre7.Z, secovidod by llr,. Bonney, and by unanimouc, z)ote, City
Council approved the tra@?sfer of fund fy@om Pcsorve for Contingenc@,es in the amou@2t
of ,'15,716.00 to (,over the (,oat of additional acreage, at tlie second ref?@se disposaz
site. The originaz appropriation was based on an estimatecl 106 acres. T,,Ie are
advised that the correct acreage is 113.858 ac!res, at a ?o@?t of @@,000.00 per a,?re.
ITEI@ #2085
On motion by l@Ir. PerreZZ, seconded by @Ir. Bonney, and by unanimous vote, City
counciZ appointed Ilr. CarZ L. Christian, Jr. to fiZZ the unexpired term of 1,4r.
C. V. West, Jr. ti t-he Board of PZumbing Examiners. term expirl-s December 31, 1970.
ITEM #2086
On motion by Mr. PlarshaZZ, seconded by qr. Bonney, and by unanimous vote, City Cou@7cil
approved the waiving of the 75% property owner requirement for sew ge services in Zie4,'
of the dangerous heazth conditions in the Fair lleadows area.
ITEM #2087
On motion by Mr. Siumons, seconded by A!r. PlarshaZZ, and by unanimous vote, City CounciZ
reappointed Mr. Harm. Lee Robinson and P@!r. Peter C. 4nderson for three-year terms to
the Tidewate RegionaZ HeaZth PZannin@g ounciz.
ITPIlli #2088
On motion by Plr. FerreZZ, seconded by I,!r. @larshall, and by unanimolis vote, City CounciZ
consented to the reque,@t of the Southeastern Region-Virginia League for Pzanned Parent-
hood that a Zetter of approvaz be sent adopting their famizy pzan and progy@am.
ITEI@ #2089
ldr. lo72n ilcirker was unabze to appear at the city coun(.iz meetiig as scheduzed due to
ilZncss. CounciZman Curtis Payne indicated that he had a report regardzng the matter
proposed to be discussed by lfr. Parker and requested CoZ- Aubrey Hc)lmes to make a
pre,,,(,!ntatio@2 @@o Coz@nciZ in response to queetionp raised by Cou@2@i7,mayi Geoi@ge For2,@?Z7@
rc@ a),@ding the routing of the Seaside Neck C,'anal-
(,'ou7i(,@!Znian Fc?rrelZ questioned the authority for ttie ar,pa2,@zt cha@2ge c)f Y@outing.
coZ. I]oZmeo reoponded with a detailed report. (Vcrbatim copy of the discussion ie
on file in tlie City Clerk's office.)
cou@l,-,i7,)n,,In I,,c?rr,,,IZ requested the City CZerk to re?@icw tho (,@u@ioiZ @linut,?s f,?p tize,
pepiod P'ci)rua,@?y, 1@larch and Apr@7 1968 to a,,c,,ertain z@)TzptTi(?r a74tTiority fc))' th(@
r(,,Zocatio7i of the cjanaz @iad ever been approved by City (,ounciz.
ITEII /,.9,0,00
(i.@)P(,,aT@c!d I)ej'c)y@e Courzu!Z an(i preq@itp-(! tTc fr,7,Zo@@)ing '("Ol", 7@on:
lq7e reguzar mc-@/,in@l of the CounciZ of tl'i(@ (,,'ily of Virqlni, 73C@(@071,
Vii@@@i@ii , hczd in th,,, Coun(@iZ Ch j@ ,Icbri@,)@i@tr(7tioyi
of th(? City of Vii,gi@iia Beach, on l@@70, (7t 10:00
o 'c! Zor@k A. @'.
On tric,l,,@ori /)y a)7,(! I)y
rc,,.,,ozutio7,l a(ic)pt(,(I:
s 0 T, ti 11 1- 0 pi
the City Council of Vir,,qinia 13rac@tz, Virgi i(i hao approi,)(-'(7 (ziz(z
reforred to the Genei,a7, As,,,,c,,mbZy of Virginia, a I)IZZ to Z@e enact(',d to empo@,7er
the governing bodies of cities and cozinties of Virginia to require contribu-
tions made necessary by the sz@bdivision of reaz estat(,'; and
WHEI@,,,IS, the propooaz o2,iginated with the Planni7ig I)irector and City
Attorney of Virginia Bea@-h, it appears t7zat the City of Virgi?iia Beach doe.13
not have factuaz knowledge as to enabzing s@atutes of other stat,,s n@,)r city
ordinances enacted as a result of such simizar enabzing enactments ?@hich may
be effective in other states or cities throughout the Elnited States; and
WHEREAS, the City CounciZ of Virginia Beach has heard arguments for and
against its proposaz, under such circumstances, the PZanning, DeveZopment and
Zoning Co=ittee of the CounciZ of Civic organi2ations, suggests to this
HonorabZe CounciZ the fazlowing pzan of construction to ascertain the true
facts of Zand dedication from other juriodictions.
NOW, THERLPFORE, BE IT RESOLVED BY THE COUNCIL OF TIIF C= OF VIR(,.T@V.TA
BEACH, VIRGINIA:
?'hat the City Ilanager and the City Attorney w@th the @ooperation of the
Planning Director be directed to (1) ascertain from the over 30 states and
approximately 80 cities reporting the dedications and reservations of land
for schooz sites and ope@z spaces, ho7,) such dedicatio?,z is effected, either by
") or by negotiation, (9) complete such report within three months an( (,@)
upon the co@npzetion of such report that such factuaz resuzte be mad-C, avaiz lo
to the T,@dewater Association of Ilome BuiZders, the CounciZ of C@vic L(,'aguc?r@,
the Parent Teachers Association, the virginia I'ducational Association, the S(,,,hooZ
Board, the League of Women Voters or other simizar private or O-ivic. o2@ga@,t@":;at@oyip.
On viotio@i by @!r. 14arshaZZ, seconded by Plr. the mcet,@,rig ocljo?,tr@zed.
itly Cley,k Fra7,tk /1. T,@u@,ch, @@ayor
City of Vipgi7,iia Be(zc,,h,
Virgini@(2
F'el,ru(,z2,lj '?,I, 1970
R E S 0 L B '1' l 0 N
WIt~EAS, the City Council of Virginia Beach, Virginia has approved and
referred to the General Assembly of Virginia, a bill to be enacted to empower
the governing bodies of cities and counties of Virginia to require contribu-
tions made necessary by the subdivision of real estate; and
WHEREAS, the proposal originated with the Planning Directo~ and City
Attorney of Virginia Beach, it appears that the City of Virginia Beach does
not have factual knowledge as to enabling statutes of other states nor city
ordinances enacted as a result of such similar enabling enactments which may
be effective in other states or cities throughout the United States; and
WHEREAS, the City Council of Virginia Beach has heard arguments for and
against its proposal, under such circumstances, the Planning, Development and
Zoning Com~nittee of the Council of Civic Organizations, suggests to this
Honorable Council the following plan of construction to ascertain the true
facts of land dedication from other jurisdictions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TNE CITY OF V~GIN.[A
BEACH, VIRGINIA:
~at the City ~4anager and the City Attorney w~th the ~ooperation of the
Planning Director be directed to (1) ascertain from the over 30 states and
approximately 80 cities reporting the dedications and reservations of land
for school sites and open spaces, how such dedication is effected, either by
law or by negotiation, (2) complete such report within three montks and (3)
upon the completion of such report tkat such factual results be made available
to the Tidewater Association of Itome Builders, the Council of Civic Leagues,
the Parent Teachers Association, the Virginia Educational Association, the School
Board, the League of Women Voters or other similar private or civic organi:~atLons.
On motion by Mr. Marshall, seconded by ~r. ~:cCombs, the meeting adjourned.
l i~r~d-~, i-lT~ . Frank A. Dusch, ~ayor
City of Virginia Beach,
Virginia
February 24, 1070