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JULY 24, 1972
MINUTES OF THE HONORABLE CITY COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA July 24, 1972 The regular meeting of the City 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, July 24, 1972, at 2:00 p.m. The invocation was given by Reverend W. Thomas Wood, First Baptist Church-, Virginia Beach, Virginia. Councilmen Present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. ITEM # 4864 On motion by Councilman Malbon, seconded by Councilman Holland, and by recorded vote as'follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferreil Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the Minutes of the Regular Meeting of July 10, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #4865 On motion by Councilman Gardner, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A~ Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre!l, Charles W. Gardner, Clarence A. Ho~land, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council ~pproved the Minutes of the Regular }.~eeting of July 17, 1972, and the reading of said Minutes di:;pensecl with inasmuch as each Councilman had a copy of the subject b'li~utes before him. ITEM #4866 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an adjustment in estimated revenues totaling $584,900 in additional appropriations to the Virginia Beach School Board in a like amount as follows: Increased estimated revenues for the 1972-72 School Operating Fund Budget by $584,900 with an offsetting increase in appropriations in the same amount. The breakdown of this increase is as follows: Estimated Revenues: 620 - General appropriation from the Commonwealth 641 - School Lunch and Special Milk Funds Total Estimated Revenues $268,047 316~853 $584,900 Appropriations: 12020 - Instruction Regular Day School 12040 -'Pupil Transportation 12050 School Food Services 12070 Fixed Charges Total.Appropriations: $100,000 68,047 316,853 100,000 $584,900 ITEM #4867 On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwe!l, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald tt. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an appropriation in the amount of $5,489 for payment to Stewart Construction Company for work performed on Royal. Palm Arch, Malibu Subdivision during an emergency operation in order to preserve the general health, safety and welfare of the neighborhood. ITEM ~ 4868 On motion by Councilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ttolland, D. Murray Malbon, J. Curtis Payne,.~ Mayor Donald II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on first reading the following Ordinance-to authorize the issuance of Four Million Dollars Water and Sewer Bonds: AN ORDINANCE AUTHORIZIMG THE'ISSUANCE OF $4,000,000 WATER AND SEWER BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to improve and extend its water transmission and distribution system and sewer collection system to provide for the orderly growth and.development of the City, to refund $2,000,000 Water and Sewer Bonds, Series of 1967, due November 1, 1972, and to borrow money for such purposes and issue general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued Four Million Dollars ($4,000,000) Water and Sewer Bonds of the City of Virginia Beach to provide funds for improving and extending its water transmission and distribution system and sewer collection system, including acquisition of rights of way, and to refund $2,000,000 Water and Sewer Bonds, Series of 1967, due November 1, 1972. 3. The bonds shall bear such date or dates, mature at such time or times, not exceeding forty years from their dates, bear interest at such rate or rates, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. ITEM #4869 On motion by Councilman Cromwell, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None · City 'Counci~~. on. second reading the following Ordinance to ?."~ame. n~n~"~~apter 33 of the City Code by adding Section '"'~ 33-'90.1 relat~.'.'~ ~'he imposition of tax on the probate of wills or grant:of administration: Requested by City Manager AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING SECTION 33-90.1 RELATING TO IMPOSITION OF TAX ON THE PROBATE OF WILLS OR GRANT OF ADMINISTRATION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Pursuant to the Code of Virginia Section 58-67.1 there is hereby imposed on the probate of every will or grant of ad.minis- tration, not exempt by law, a city tax of ten cents for every three hundred dollars in value or fraction thereof, over one thousand dollars. This ordinance shall be effective from date of passage. First Reading July 17, 1972 Adopted by the Council of the City of Virginia Beach, Virginia on the ~-~' day of ~.~,~. ....... , 1972. 01] lltotion by Councilntan Cromwell, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor Fo Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, :, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance authorizing the conveyance to Lake Edward Corporation certain City owned property generally known as Lake Edward, together with certain adjoining strips of land: AN ORDINANCE AUTHORIZING THE CONVEYANCE TO LAKE EDWARD CORPORATION OF CERTAIN CITY OWNED PROPERTY GENERALLY KNOWN AS LAKE EDWARD, TOGETHER ~TH CERTAIN ADJOINING STRIPS OF LAND. WHEREAS, the hereinafter described property was conveyed to the City of Virginia Beach from Lake Edward Corporation by deed dated August 26, 1968, and recorded in the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1077 at Page 407; and. WHEREAS, the said deed recited that the property was conveyed to be used for municipal recreational purposes; and WHEREAS, the City of Virginia Beach has done no act to constitute an acceptance of the condition of said conveyance, has determined that the said property is not needed by the City of Virginia Beach, and has determined that it will not accept the conveyance; and WHEREAS, Lake Edward Corporation has agreed to take back said property; thereby relieving the City of Virginia Beach of the duty of maintaining and controlling said property, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: Section 1: That the offer of Lake Edward Corporation to reacquire the following City owned property be and the same hereby is accepted: Ail th'a~ certain tract, piece or parcel of land, situate, lying and being in the Bayside Borough of the City of Virginia Beach, Virginia, the same constituting Lake Edward, and certain adjoining strips of land, being more particularly bounded and described as follows: Beginning at a point distant two courses from the eastern line of Lot 37, where the same intersects with Lake Edward Drive, as shown on that certain plat entitled "Lake Edward West, Section Two," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 75, at Page 41, and which two courses, commencing at Lake Edward Drive run S. 25° 29' 12" E. 100 feet to a point; thence S. 85° 44' 36" E. 19.84 feet to a point in the line of Lake Edward, which point is described, as the point of beginning, and from said point of beginning turning and running N. 04° 15' 24" E. 10.96 feet to a point; thence N. 40° 06' E. 24 feet to a point; thence N. 53© 38' E. 37 feet to a point; thence N. 73° 56" 36" E. 130.82 feet to a point; thence N. 72° 40' E. 114 feet to a point: thence N. 80° 58' 02" E. 45 feet to a point; thence N. 85° 13' E. 31 feet to a point; thence S. 54° 22' 17" E. 114.36 feet'to a point; thence S. 38° 34' E. 22 feet to a point; thence S. 03° 44' W. 92 feet to a point; thence S. 14° 45' W. 39 feet 'to a point; thence S. 25° 34' W. 51 feet to a point; thence S. 05° 12' W. 34 feet to a point; thence S. 06© 57' E. 41 feet to a point; thence S. 13v 38' W. 34 feet to a point; thence S. 08° 08' E. 57 feet to a point; thence S. 27° 31' E. 108 feet to a point; thence S. 45° E. 52 feet to a point; thence S. 76° 18' E. 42 feet to a point; thence S. 57° 46' E. 55 feet to a point; thence S, 21° 48' E. 65 feet to a point; thence S. 04° 38' W. 37 feet to a point; thence S. 08° E. 64 feet to a point; thence .~ S. 05° 32' W. 31 feet to a point; thence S. 74° 13' W. 48 feet to a point; thence N. 83° 31' W. 44 feet to a point; thence N. 70° 12' W. 53 feet to a point; thence N. 85° 36' W. 65 feet to a point; thence S. 77° 37' W. 42 feet to a point; thence S. 61° 51' W. 49 feet to a point; thence S. 78o 07' W. 97 feet to a point; thence S. 56° 43' W. 38 feet to a point; thence S. 39° 17' W. 86 feet to a point; thence S. 59° 21' W. 63 feet to a point; thence S. 89° 13' W. 73 feet to a point; thence N 66° 48' W. 46 feet to a point; thence N. 48v 05' W. 66 feet to a point; thence N. 53° 08' W. 45 feet to a point; thence N. 67° 03' W. 120 feet to a point; thence N. 80° W. 104 feet to a point; thence N. 51° 57' W. 29 feet to a point; thence N. 15° 42' 32" W. 21.64 feet to a point; thence N. 15° 32' E. 31 feet to a point; thence N. 33° 41' E. 68 feet to a point; thence N. 40° 05' 54" E. 84.30 feet to a point; thence N. 63° 04' E. 37 feet to a point; thence N. 43° 01' E. 41 feet to a point; thence N. 29° ~38' 30" E. 75.08 feet to a point; thence N. 24° ' E. 52.21 feet to a point; thence N. 27° 52' E. 171.53 feet to a point; thence N. 23° 22' E. 80 feet to a point; thence N. 04° 15' 24" E. 85.47 feet to the point of beginning, PARCEL II: Ail that certain tract, piece or parcel of land adjacent and west of the lake and lying between the lake and that certain 24-foot alley abutting the rear of Lots 37, 38 and 39, and part of 59, as shown on the aforesaid plat of Lake Edward West, Section Two, and more particularly bounded and des- cribed as follows: B.eginning at the point of beginning as described in Parcel I hereinabove described, and. from said point of beginning runnin~ thence along the bo~nda~¥ of S. 4© 15~ 2.::~.'~ i~. ::~5.47 :geeC [o a point; ti~ence S. 23° 22' W. 80 feet to a point; thence S. 27° 52' W. 171.53 feet to a point; thence S6 24° 43' W. 52.21 feet to a point; thence S. 29 3({' 30" W. 75.08 feet to a point; thence S. 43° 01' W. 41 feet to a point; thence S. 63° 04' W. 37 feet to a point; thence S. 40° 05' 54" W. 84.3 feet to a point; thence S. 33° 41' W. 68' feet to a point; thence S. 15° 32' W. 31 feet to a point; thence turnin~ and leaving Lake Edward and running N. 79° 42T 35" W, 53.85 feet to a point; thence N. · 22© 06' 40" W. 31.23 feet to a point on the eastern side of the aforementioned alley where the same abuts the said Lot 59, thence turning and running along the eastern line of the said alley, the following courses and distances: N. 67° 53' 20" E. 26.8 feet to a point; thence along the arc of a curve to the left, the radius of which is 74 feet, an arc distance of 40.08 feet to a point; thence N. 36° 51' 30" E. 46.27 feet to a point; thence alOng the arc of a curve to the right, the radius of which is 250 feet, an arc distance of 79.16 feet to a point; thence N. 55° E. 45.57 feet to a point, thence along the arc of a curve to the left, the radius of which is 200 feet, an arc distance of 105.71 feet; thence N. 24° 43' E. 71.37 feet to a point; thence along the arc of a curve to the right, the radius of which is 19~6 feet an arc distance of 137.18 feet; thence N. 28v 41' 3~" E. 41.72 feet to a point; thence along the arc of a curve to the left, the radius of which is 111.22 feet, am arc distance of 78.99 feet; thence N. 12° W. 24 feet to a point in the~rear of the line of the said Lot 37, as shown on the aforementioned plat of Lake Edward West, Section Two; thence N. 37° 27' 38" Eo 34.26 feet to a point; thence S. 85° 44' 36" E. 19.84 feet to the point of beginning. PARCEL III ~'11 that certain tract, piece or parcel of land abutting on the northeast the said lake as herein described and adjacent to Lot 14, as shown on the plat of Lake Edward West Section One, which plat is recorded in the Clerk's Office of the Circuit Court aforesaid in Map Book 74, at Page 9, and more particularly bounded and described as follows: Beginning at a point on the east side of the eastern terminus of the alley abutting Lot 14 where the same intersects Lake Edward Drive, as shown on the afore- said plat of Lake Edward West, Section One, and from said point of beginning running westwardly along the arc of a curve to the left, the radius of which is 10.25 feet, an arc distance of 17.21 feet along the eastern side of the said alley, thence continuing along the said alley, the following courses and distances: S. 57° 15' 49" W. 39.76 feet to a point; thence along the arc of a curve to the right, the radius of which is 75 fe~et, an arc 40' 42" W. 22.13 feec to a point in the line of Lake Edward; thence turning and running along the ].ine of Lake Edward the ro]_lo.~z.~.n.~., courses and S, 14° ~5' W. 39 feet to a poin~i thence S. 25° 3~' W. 51 feet to ~ point~ thence S. 05° 12~ W. 3~ feet to a point, thence turning and running S. 74° 11' 10" E. 147.92 feet to a point; thence N. 84° 35' 56" E. 190 feet to a point in the line proposed for the extension of Lake Edward Drive, and from said point turning and running along the arc of a curve to the left, the radius of which is 475 feet, an arc distance of 175.17 feet to the point of beginning. Ail being the same property conveyed to the City of Virginia Beach by deed of Lake Edward Corpora- tion bearing date on the 26th day of August, 1968, and recorded in the Clerk's Office aforesaid in Deed Book 1077, at Page 407. Section 2. That the City Manager of the City of Virginia Beach and the City Clerk of Virginia Beach are hereby authorized to sign, seal, acknowledge and deliver a deed, approved as to form by the City AttorneY, with Special Warranty and. without "to Lake Edward Corporation "English Covenants, · Section 3. That this Ordinance shall be in effect from and after the date of its adoption. ITEM #4871 On motion by Councilman Malbon, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice ~ayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payee,' Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on first reading the following Ordinance to authorize the issuance of Three Million Dollars Public Improvement Bonds: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3,000,000 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended), and the Public Finance Act, as amended, there are hereby authorized to be issued Three Million Dollars ($3,000,000) Public Improvement Bonds of the City of Virginia Beach to provide funds, together with other funds that may be available, for the following purposes: Planning, construction, site improve- ments and equipping of municipal buildings, including public safety building, courts building, central garage, welding and body shop, fire stations, animal control building and storage building $ 877,000 Complete reclamation of landfill for recreation purposes and construction of improvements thereon 105,000 Bulkheading south of existing board- walk along oceanfront 75,000 including a~.,',ri6~t, phocograp~y, engineering and drawing work 160,000 highways 1,783=000 $3,000,000 Any amounts not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the Council shall here- after provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. ITEM #4872 On motion by Councilman 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 F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,~ Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance to appoint viewers relative to closing a 20' alley in Virginia Beach Borough: 'Q1RDINf~CE APPOINTING ~ ~,' S~S ~.~S, ~O~, ~d S~S ~R- ~I~, Virg~a ~ra~, have giv~ due ~d pro~ noti~, ~ ac~rd~ce ~ ~e sta~t~ for su~ ~s~ ~de ~d provided, ~at ~ey will, on ~s day, apply ~ ~e Ci~ ~cil of ~e Ci~ of Virg~ia Bea~, V~g~ia, for ~e ap~~ of Vi~ ~ bi~ ~.e bel~ des~ pro~ ~d re~ ~ ~i%~g %o ~ Co~cil whe~, ~ ~e option of s~d Vi~zers, ~y, ~ if ~y, ~t, ~nv~.~ce ~d r~t from ~e ~sc~tin~g of ~e her~afteI d~cr~ ~ (20') f~t alley or l~e, ~d k~ filed su~ application ~ ~e s~d ~cil; N~, ~efore, BE IT O~ BY ~ ~C~ OF ~ CI~ OF ~G~ B~, ~RG~, ~t,' Hr William W. Fleming, Mr. C. C. Carrington, and 'Mr George L. Hanbury are hereby appointed to vi~ the belc~ described property and report in ~riting to the Council on or before July 24 , 19 72 , whether in their opinion any, and if any, what inconvenience would result from ~le discontinuing, closing and vacating of a certain twenty (20') foot alley or lane, located in the Virginia Beach Borough of the City of Virginia Beach, Virginia, and more particularly described as follcws: All of that certa~ alley or lane, situate in the Virginia Beach Borougk of the City of Virginia Beach, ~ st~ ~n ~a~. certa~ ~ap m~tled "Prop~ of Virqinia Bead] ]~v-~lo-~gnt Co. Virginia E~ao"~ Va. Clerk's Office of ~xa Ci~:cuit Co~t of -Hie City of Virg~ia Bea~, Virgi~a, ~ ~p ~k 3, at Pag~ 176-177. ITEM #4873 City Council deferred until August 7, 1972, Consideration of an Ordinance to authorize the issuance of Nine Million Dollars Schoo~ Bonds, being a part of the Twelve and one-half Million Dollars approved in the referendum of February 8, 1972 ITEM #4874 Mr. Phillip Denman representing Mr. Sprinkle, and Mr. T. J. Johnston, President of the Larkspur Civic League, appearing on behalf of the street closure. On motion by Councilman Baum, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance closing Sand Trap Lane in the Kempsville Borough; subject to retention, by the City, of all easements for drainage and utilities: ORDINANCE CLOSING, VACATING AND DISCONTINUING SAND TRAP LANE, KEMPSVILLE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Donald A. Sprinkle will make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described Sand Trap Lane closed, Vacated and discontinued as a public street of the City of Virginia Beach, was duly posted; and WHEREAS, the land proprietors affected thereby have been duly notified; and WHEREAS, said application was made to the City Planning Commission and to the City Council of the City of Virginia Beach 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 Sand Trap Lane 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 said street located in the Kempsville Borough of the City of Virginia Beach, Virginia, and hereinafter described, is hereby closed, vacated and discontinued as a public street of the City of Virginia Beach, Virginia, said street not being n~eded for public use and travel: Seczion Five", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 59, at pa~e 40: "S~bJivisJr~n of Larksm~r, aforesaid in Map Book 71, at pase 40; and "Subdivision of Larkspur, Section Nine", duly recorded in the Clerk's Office aforesaid in Map Book 80, at page 33; and with reference to said plats being more particularly bounded and described as follows, to-wit: Beginning at a point in the eastern line of Sand Trap~ Lane, which point also marks the northwestern corner of Lot 1, as shown on the aforesaid plat of "Subdivision of Larkspur, Section Five", and from said point of beginninl running along the eastern line of said Sand Trap Lane on a course S. 38o 41' 10" East a distance of 2,293.10 feet to a point in the eastern side of Sand Trap Lane, being also the southwestern corner of Lot 179, on the aforesaid plat of "Subdivision of Larkspur, Section Nine", thence turning and running across Sand Trap Lane on a course S. 510 18' 50" West a distance of 50 feet to a point in the western line of the said Sand Trap Lane, which said western line of Sand Trap Lane is also the eastern line of that certain Virginia Electric and Power Company 66' R/W as shown on the aforesaid plats of "Subdivision of Larkspur, Section Six", and "Subdivision of Larkspur, Section Nine", and being also the eastern line of that certain N. & S. R. R. R/W, as shown on the aforesaid plat of "Subdivision of Larkspur, Section Five"; and from said point thence turning and running along the said western line of Sand Trap Lane on a course N. 38o 41' 10" West a distance of 2,293.10 feet to a point opposite the northwestern corner of Lot 1, as shown on the aforesaid plat of "Subdivision of Larkspur, Section Five"; thence turning and running across Sand Trap Lane on a course N. 56o 08' 30" East a distance of 50.18 feet to the point of beginning. Section 2. That this closure, vacation and abandonment of Sand Trap Lane is granted expressly subject to any and all prior easements, if any, previously held by the City of Virginia Beach, over, across or under said Sand Trap Lane, which easements are hereby specifically retained by said City. It is further expressly understood that the closure, vacation and abandonment of Sand Trap Lane, as hereby ordained, shall not, in any way, operate to close, vacate or abandon any portion of any other dedicated City street intersecting with said Sand Trap Lane. Section 3. That thirty (30) 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 i of this City and Jnde×ed in like manner as a dee8 to lanSs. ITEb! #4875 On motion by Councilman Ferrell, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ttolland, D. Murray Malbon, J. Curtis Payne,. Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following the am~ount of $305.29: 'TO; 1.h:. Dale Bimson City Attorney FROH: Hr. V. A. Etheridge, TL'casurer ~_-]BJECT: Application;~or Tax Refunds: applications for tax refunds in '~ Date · July 18, 1972 o r-~ .... :,,~ ~icati~::~" for refund of taxes totaling $ 305 29 ::~ ........... o app. · ._~d certified for payment as set forth below: { ./ Year Name 17right, Kathryn ~n~old, Ralph E . ~a~;---ln i Louis ... )o~ z, Arthur · li'_.~r of Va. Beac~ ~o~nsend, R. E. ~cott, Bruce .B ~eavers, Oscar J i!inerd, Diane t{tine, James R qalbo~, Richard T 1972 1971 1971' 1972 -1972 1972 19Z0 1972 1972 1972 1972 1972 1972 Etheridge: .... fax ~ype f Ta PP PP PP PP PP p',p RE2 CD CD. · . Ticket Numb e r 73~71 29~35 66197 53906 18297 45112 47~34 2 47834 26973 7893 9515 9646 44440 D474 ation No. 7418 7450 7451 7486 7492 7466 814 814 863 Date Paid 9/6/72 lO/6/71' 9/20171 6/lO/72 7/6/72 6/lO/72 5 27/7o 12/5/7'o 6/9/72 5/16/72 6/30/72 7/13/72 1/17./72 ~65.10 2.40 2.40 12.60 12.60 52.50 10.33 10'/33I 100.91 10.00 10.00. 5.00~ 10.00 alty .12 612o£' 2 1.00 Trees urnr 65.].( 2.4.( 2.53 12.6( 12.6( 52.5( 10.3.' 10.3~ 1'00.9 ~ 10.0( 10.0( 5.0( 10.0( 1.0( ITEM #4876 Mr. Floyd Patrick, Virginia Beach Manager, appeared on behal£ of the~' Chesapeake and Potomac Telephone Company to present their bid as follows: On motion by Councilman Payne, seconded by Councilman Malbon, anit by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance granting a franchise to use the streets and other public places of the City for poles, wires, conduits, cables and fixtures; and to provide for the receiving of bids for such franchise, right and privilege: The City of Virginia Beach, Virginia, hereby invites bids for the franchise proposed to be granted in the following Ordinance, duly passed by the Council and approved by the Mayor on the ~' ay of'~ , 19. , which bids are to be in writing and delivered to' the presiding officer of the Council of said City in open session, to be held in Council Chamber '- '"'t ~ 19r?:','" at ,9 o'clOck in said City on the day of .,.~.~,'~; . , ~_~, _~_ ~oM., the right being reserved ~6 reject any and all bids. AN ORDINANCE TO PROVIDE FOR THE GRANTING BY THE CITY OF VIRGINIA BEACH, VIRGINIA, TO A PERSON OR CORPORATION AND THEIR SUCCESSORS OR ASSIGNS, HEREAFTER TO BE ASCERTAINED IN THE MANhrER PRES- CRIBED BY LAW,. THE FIL~NCHISE, RIGHT AND PRIVILEGE, UPON CERTAIN CONDITIONS, TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF VIRCINIA BEACH, WITHIN ITS CORPO~tTE LIMITS, AS THE SA~ NOW EXIST OR }~Y BE HEREAFTER EXTENDED OR ALTERED, FOR THE PURPOSE OF PROVIDING ALL TYPES OF TELEPHONE, TELEGRAPH AND OTHER CO~iUNICATION SERVICES AT Alq-f POINT W_~HiN SAID CITY AND TO ACQUIRE, ERECT, FL~INTAIN AND ~lq~ AND IF NOW CONo~RUCTED TO ~I.N- OTHER PUb,~.~C ~,~o .... ,. THE ID i-UXIk,:.:, ; AND BE ~T ORDAINED BY THE COUNCIL OF THE BEACH, VIRGINIA: SECTION I. That it is proposed that there shall be granted, in the manner prescribed by law, the franchise, right and privilege to use streets, alleys and other public places of the City of Virginia Beach, Virginia, within its corporate limits, as the same now exist or may be hereafter extended, for the purposes and upon and subject to the terms, conditions, provisions, and limitations embodied in the following draft of an ordinance: AN ORDINANCE TO GRANT TO . -' ITS SUCCESSORS AND ASSIGNS 'THE 'FRANCHISE, RIGH'£ AND PRIVILEGE UPON CERTAIN CONDITIONS TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF VIRGINIA BEACH, VIRGHIA, WITHIN ITS CORPOP~TE LIMITS, AS THE SAME NOW EXIST OR MAY BE HEREAFTER EXTENDED OR ALTERED, FOR THE PURPOSE OF PROVIDING ALL TYPES OF TELEPHONE, TELEGRAPH AND OTHER CO~UNICATION SERVICES AT ANY POINT WITHIN SAID CORPORATE LIMITS, AND TO ACQUIRE, ERECT, MAINTAIN AND USE, ARrD IF NOW CONSTRUCTED, TO MAINTAIN AND USE POLES, TOWERS, WIRES, CON- DUITS, SUBWAYS, LINES, bLANHOLES, CABLES, EQUIP- MENT AND APPLIANCES IN, UNDER, OVER AND ALONG SUCH STREETS, ALLEYS AND OTHER PUBLIC PLACES FOR THE AFORESAID PURPOSE. 'BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA° ECTION~T~ ~The right is hereby granted unto ~ ~, ~.~.~..~ /,~ ~ ~,~¥'?~.. hereinafter referred to as Grante~, i~fs succeSs'ors and assigns,f Dr the term and subject to t~e terms, provisions, conditions and limitations hereinafter stated, to use the streets, alleys and other public places of the City of Virginia Beach, hereinafter referred to as "City," and to acquire, erect, maintain and use, and if now erected or installed, to maintain and use poles, towers, wire~ equipment and appliances in, under, over and along, and to acquire, install, maintain and use, and if now in- stalled, to maintain and use conduits, lines, or subways, including necessary manholes, and to run cables and wires in, under, over and along the streets, alleys and public places of the City in the service area of the Chesapeake and Potomac Telephone Company of Virginia, as designated from time to time by the Virginia State Corporation Com- mission, for the purpose of providing all types of telephone, telegraph and other communication services at any point within the corporate limits of the City as the same now exist or may be hereafter extended or altered. SECTION 2. The Grantee shall have the right to use, maintain and operate, subject to the provisions, terms, conditions and limitations prescribed in this franchise and subject to the lawful exercise of the police power of the City, the poles, towers, wires, appliances, conduits, sub- ways, lines, manholes, cables and equipment erected, main- tained and used in, under, over and along the streets, alleys and other public places of the City onthe day this franchise becomes in force and effect for the purpose of providing all types of telephone, telegraph and other com- munication services therefor. SECTION 3. The Grantee shall have the right to erect, maintain and use such poles, towers, wires, appliances, conduits, subways, lines, manhales, cables and equipment in, under, over and along the streets, alleys and other public places of the City at such locations as are reasonably suitable and convenient for the purposes of the Crantee and the City subject to the terms, provisions, conditions and limitations hereinafter stated, and, the lawful exercise of the police power of the City. SECTION 4. The Grantee shall not erec~ or install, i~,O\ril ~%'1 f'(~'~ C,~' C3'~.;.~m.'~,'~ :~.!. ,,~ -~ .., ..... :. ,, .'t ~. .~., ~n any s~recC, alley or o~he~ pu~i.c pJ. ac~; o:C one C~ty o~ d~g, cu~ o~ d~stu~b any stree~ a~ey or othe~ public p~ace cF ~.~; shall have been or may be designated by the City Manage~ or the Council of the City and permission in writing so to do is granted by such department or agency or such re- quirement is waived by such department or agency. Such permission shall be conditioned upon compliance with the terms, conditions, provisions and limitations of this franchise and with such other terms, provisions, conditioms- and limitations as will preserve, protect and promote t~e safety of the public using the streets, alleys, and other public places of the City and as will prevent interference with or obstruction of the use of streets, alleys and other public places by' the City or by any other public utility or public service corporation for their respective purposes and functions. Such permission shall also be conditioned upon such other terms, provisions, conditions and limita- tions as will preserve, protect and promote the health, safety and general welfare of the City and its citizens subject tome lawful exercise of the police power. SECTION 5. In the event the relocation, construction, reconstruction, maintenance or repair by the City of any of its facilities or services now or hereafter acquired, and including but not limited to any street, alley or other public place, sewer, electric, water, fire alarm, police communication 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 of the Grantee's poles, towers, wires, appliances, conduits, subways, lines, manholes, cables or equipment or any part thereof in the public right of way, in order for the City to relocate, con- struct, reconstruct, maintain or repair any such facility, service, street, alley or other public place or any such sewer or electric, water, fire alarm, police co~nunication or traffic control facility, or any part thereof, or to obtain access to or from such property, upon notice from the City, the Grantee will move, alter, or relocate such pole, tower, appliance, conduit, subway, line, manhole, cable or equipment or part thereof, at its own cost and expense; and should the Grantee fail, refuse or neglect to comply with such notice, such pole, tower, wire, appliance, conduit, subway, ~ne, manhole, cable or equipment or part thereof may be removed, altered or relocated by the City at the cost of the Grantee and the City shall not be liable to the Grantee for damages resulting from such removal, alteration or reloca%ion. SECTION 6. The Grantee shall at no cost to the City erect,install and maintain on any of its poles, towers, wires, appliances, conduits, subways, lines, manholes, cables or equipment in or near the streets, alleys and other public places of the City such reasonable devices to appraise 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 to time reasonably prescribed or approved for purposes of public safety by such department SECTION 7. The Grantee shall have the right to remove, trim, cut and kee~ clear of its po'les, to~,.~ers, ,~<~ires and along the streets, alleys and OtL-ler ptlDiic p/aces O[ Lille City, provided it first obtain a written permit from the City so to do, except in cases of emergency and further provided that in the exercise of such right, the Grantee shall not cut, remove, trim or otherwise injure such trees to any greater extent that is reasonably necessary for the installation, maintenance and use of such poles, towers, wires and other overhead appliances. ~ SECTION 8. The Grantee in the exercise of any right granted to it by this franchise, shall at no cost to the City promptly reconstruct, replace, restore or repair any facility or service of the City, now or hereafter acquired, including but not limited to any street, alley or other public place, sewer, electric, water, fire alarm, police communication or traffic control facility or any part thereof which may be damaged, disturbed, or destroyed by the exercise of any such right, in a manner, with such materials and to the satisfaction of such department or agency as shall have been or may be designated by the City Manager or Council of the City. SECTION 9. The City reserves the full scope of its power to require by ordinance substitution o£ underground service for overhead service, or the transfer of overhead service from the front to the rear of property whenever reasonable in all areas in the City at such contributions or rates and charges as may be approved by the ratemaking authority. The City further reserves the full scope of its police power to require by ordinance the location, con- struction and maintenance of overhead service at the rear of property or underground service, wherever reasonable in all new service installations in the City at such contribu- tions or rates and charges as may be approved by the rate- making authority. SECTION 10. The City reserves and shall have the right to continue to use, mgntain, replace, repair and operate its existing traffic control, fire alarm, and police communica- tion facilities, equipment and appurtenances on the existing poles and towers and in the existing conduits, subways, manholes or other structures of the Grantee for the exclusive use of the City and the performance of its functions and exercise of its power without the payment of compensation therefore; provided that the Grantee shall have the right to remove or replace its equipment so long as it furnishes an equivalent facility for the City; and further provided that, the City shall indemnify, keep and hold the Grantee harmless from any and all loss, damage, cost or expense to, or which may be incurred by the Grantee, or to which it may be sub- jected by reason or as a result of such use of the Grantee's poles, towers, conduits, subways, manholes and structures. SECTION 11. The City reserves, and shall have the right to use the poles, towers, conduits, subways, lines, manholes or other structures of the Grantee, along, under or over- ground without the payment of compensation for the erection and installation thereon and use and operation of traffic control, fire alarm and police communication facilities, such poles, ~o~ers, conduits, !in~s, subways, manhokes and s~ructures shall not in~er£~re wi~h ~he pro~er use ~hereof r]_g~,ts granted to it by thl. s ilra~c~;~_~; ati~:~ [~zovl.¢ci~i Lurtllcr that the location on such poles and towers and in such conduits, subways, lines, manholes and structures and the ,, character of such traffic control, fire alarm and police communication facilities, equipment and appurtenances shall be subject to the prior approval of the Grantee, which right of approval shall not be arbitrarily exercised; and pro- vided, further, that the City shall indemnify, keep and hold the Grantee harmless from any and all loss, damage, cost or expense to, or which may be incurred by the Grantee, or to which it may be subjected by reason'or as a result of such use of the Grantee's poles, towers, conduits, subways, lines, manholes and structures. SECTION 12. Nothing contained in this franchise shall be construed to exempt the Grantee from any tax, levy or · assessment which is not or which may be hereafter authorized by law. SECTION 13. The Grantee shall render to the public in the City at all times during the term of this franchise efficient telephone service at reasonable rates, which rates shall be prescribed by the State Corporation Commission so long as jurisdiction so to do is vested in the Com~mission; otherwise, such rates shall be prescribed by the Council of the City. The Grantee shall render to the City at all times during the term of this franchise efficient telephone ser.vice at reasonable rates, which rates shall be such as may from time to time be agreed upon by the Grantee and the City sub- ject to the jurisdiction of the State Corporation Co~ission. The Grantee will maintain its poles, towers, wires, appliances, conduits, subways, lines, manholes, cables, fixtures, facili- ties and equipment within the City in good order and operating condition throughout the term of this franchise, and the Grantee by accepting this franchise, agrees that the State Corporation Con~ission has jurisdiction to the full extent and in the manner now or hereafter provided by law, during the te~ of this franchise, to require the Grantee to render efficient telephone service at reasonable rates, and that the Circuit Court of the City has jurisdiction to enforce compliance with all the terms, provisions, conditions and limitations of this franchise to the full extent and in the manner now or hereafter provided by law, during the term of this franchise. SECTION t4. The Grantee agrees and binds itself to indemnify, keep and hold the City free and harmless from liability on account of injury or damage to persons, firms or corporations or property growing out of or directly or in- directly resulting from such use of the streets, alleys and other public places of the City, the acquisition, erection, installation, maintenance, repair, operation and use of such poles, towers, wires, appliances, conduits, subways, lines, manholes, cables, fixtures, facilities and equipment, or the exercise of any right granted by or under this franchise or the failure, refusal or neglect of the Grantee to perfo~ any duty imposed upon or assumed by the Grantee by or under this franchise; and in the event that any suit or proceeding shall'be brought against the City, at law or in equity, either independently or jointly with the Grantee on account either indepct'~dently or jointly with thc Grantee, than the Grantee will pay such iuo~:::mcnt or conmly wit:h such decree shall be construed to render the Grantee l&able for the negli- gence of the City or of ~ts agents or employees, or for tha~ of any other person, firm or corporation. SECTION 15. The rights granted to the Grantee by this fran- chise may be exercised, by any successor or successors, assignee or assignees of the Grantee, but such successor or successors, assignee or assignees shall be subject to and bound by all of the provisions, terms, conditions, and. limitations prescribed in this franchise; SECTION 16. The rights and privileges granted by this fran- chise shall continue for a term of forty (40) years from and after the final passage of this ordinance unless sooner voluntarily surrendered, by the Grantee, with the consent of the Council of the City, or forfeited as provided by law. Upon the expiration of the term of this franchise or surrender or forfeiture of the rights and privileges granted by this franchise, the Grantee shall remove all of its poles, towers, wires, appliances, conduits, subways, manholes, cables and equipment from the streets, alleys and other public places of the City and shall repair, restore or replace any street, alley or other public place and any sewer or water, electric, fire alarm, police communication or traffic control facility or tree, or any part thereof, which may be damaged, dis- turbed or destroyed by or as a direct or indirect result of the removal of such property, in a manner, with such materials and to the satisfaction of the City Manager of the City at the cost and expense of the Grantee within a reasonable time thereafter, which reasonable time shall be prescribed by the Council of the City. Upon the refusal, failure or neglect of the Grantee to so remove such property from the streets, alleys and other public places, or to repair, restore or replace any such street, alley, public place, sewer, water or electric, fire alarm, police communication or traffic control facility or tree in a manner, with such materials and to the satisfaction of such department or agency of the City as shall be designated by the City Manager or Council of the City, the City may remove such property from the streets, alleys and other public places of the City and repair, restore or replace any such street, alley, public place, sewer, water, electric, fire alarm, police communication or traffic'control facility or tree at the cost of the Grantee and the City shall not be liable to the Grantee for damages resulting from such removal. SECTION 17. This franchise is granted pursuant to Article VII, Section 9 of the Constitution of the Commonwealth of Virginia and Article 2 Chapter 22 of Title 15 of the Code of Virginia, and is subject to all franchises and permits heretofore or hereafter granted by the Council or the Council of the former City of Virginia Beach to use the streets, alleys and public places of the City by other public utility or public service corporations or con, unity television antenna systems. It is not intended by the grant of this franchise to abridge the exercise of the police power hereto- fore or hereafter granted to the City by the General Assen~ly. The grant of this franchise is subject to all ordinances and reso- lutions of the Council of the City as the same now exist or may be hereafter amended, revised or codified, in the lawful exercise of the police power or in the lawful exercise of any other power granted, lo the City by the General Assembly. Nothing in this section shall be construed to grant any authority to provide any CATV services whatsoever as defined in 15.1-23.1 Code of Virginia as amended. uhail be construed to prevent a gran~ by the City of a similar ~'i~chi~ <ql]{{ ~' o .... ~ ~":~(~ 017 SECTION 19. This ordinance shall be in force on the date of its passage and shall become effective when the Grantee (a) accepts this franchise and agrees to exercise the rights and privileges granted by this franchise upon and subject to the terms, provisions, conditions and limitations set forth in this franchise, which acceptance and agreement shall be in writing and shall be filed in the office of the City Clerk of the City, and (b) at the same time filed in such office a bond in the amount of $1,000.00 with surety approved by the City Manager of the City, conditioned that the Grantee will exercise the rights and privileges granted by this franchise upon and subject to such terms, provisions, conditions and limitations. SECTION II. That upon the approval of this ordinance by the Mayor of the City, the City Clerk shall cause to be advertised once a week for four successive weeks in a news- paper published in the City of Virginia Beach, the full text of the ordinance contained in Section I of this ordinance and in addition thereof, shall, by such advertisement, invite bids for the franchise, privilege or right proposed to be granted by said ordinance by publishing with the ordinance a notice which shall be in substantially the following form: NOTICE Bids will be received by the City Council of the City of Virginia Beach, Virginia, for the franchise, right and privi- lege upon certain conditions, to use the streets of the City of Virginia Beach, Virginia, for the purpose of providing all types of telephone, telegraph and other co~nunication services within the City of Virginia Beach, Virginia, as more particu- larly set forth in the text of the proposed ordinance pub- lished below° Bids must be submitted in writing and delivered to the presiding officer of the City Council of the City of Virginia. Beach, Virginia, in open session of said Council of the Council Chamber, City Hall, City of Virginia Beach, V~gin~a on the~h day of July, 1972, at the hour of ~.00 ~.M. (Daylight Saving Time). After receiving'said bids, the presiding officer and the City Council will proceed to consider the bids and the bids and the granting of the proposed franchise in the manner prescribed by law. The right to reject any and all bids is reserved. The successful bidder shall be required to reimburse the City of Virginia Beach for the cost of advertisement. The proposed ordinance is as follows:~ DITIONS TO USE %}~.~, ALm~YS AND &~2~Z PUBLIC ~ Lr,].LND~.]) 0,., ALTERED, FOR THE OR ll*9%Y BE IlE]IEAFTER '""~ PURPOSE OF PROVIDINC ALL TYPES OF TELEPHOR~, TELEC~PH AND OTHER COMMUNICATION SERVICES WITHIN SAID CORPORATE LIMITS, AND TO ACQUIRE, ERECT, Pi~IN- TAIN, AND USE, AND IF NOW CONSTRUCTED, TO MAINTAIN AND USE POLES, TOWERS, WIRES, CONDUITS, SUBWAYS, LINES, i,9\NHOLES, CABLES, EQUIP~ENT AND APPLIANCES IN, UNDER, OVER A~D ALONG SUCH STREETS, ALLEYS AND OTHER PUBLIC PLACES FOR THE AFORESAID PURPOSE. Virginia, on the ~Passed by the City Council of the City of Virginia Beach, ~ ...... day of '..fi, 1972 ' DonaLd'H. ~o~es The Cit?.~f Virgini,a Beach, Virginia ,, By: /'I~L,,.:.,.: .tI. (".:.~.../v~: . Richard '~". W~b~'on, :City Clerk'- FORM NO D,F. 6-5 12056 CITY (iF V~RGINIA BEACH VIRGI~!IA INVOICE FOR SEt, VICES L. CONSULT HILL NO. DATE CREDIT TO: L _j Virginia Beach, Va., July 17, 1972. RECEIVED from The Chesapeake and Potomac Telephone Company of Virginia, One Hundred Dollars ($100.00), the same being the bid of said Company for the franchise proposed to be granted by the City of Virginia Beach, which bid was accepted by said City and the franchise awarded to said Company by ordinance· duly enacted by the Council and approved by the Mayor on the ~-- ~ day of / ii' ,/! · ,.~(" ~ 1 c ,. ,;.. Clerk of the Council of the City of Virginia Beach, Virginia. Richmond, Virginia, July 17, 1972. TO THE }~YOR AND COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Gentlemen: The Chesapeake and Potomac Telephone Company of Virginia bids the sum of One tIundred Dollars ($100.00) for the franchise proposed to be granted in the ordinance, which has been advertised in The Sun, entitled, "AN ORDINANCE TO GRANT TO ........ , ITS SUCCESSORS Ai*~D ASSIGNS THE FRANCHISE~ RIGHT AND PRIVILEGE UPON CERTAIN CONDITIONS TO USE THE STREETS, ALL5~fS AI,~D OTH~R PUBLIC PLACES OF TIIE CITY OF VIRGINIA BF~CH, VIRGINIA, WITHIN ITS CORPOF~ATE LII-IITS, AS THE SA¥~E NOW EXIST OR I~IAY BE' HEREAFTER ~PiTENDED OR ALTERED, FOR THE PURPOSE OF PROVIDING ALL TYPES 0¥ TEI.EPHONE, TELEGRAPH AND OTHER COI~PJNICATION SERVICES AT A~Y POINT WiT!tIN SAID CORPORATE LII.~ITS, AND TO ACQUIRE, ERECT, ~btlNTAIN Alii) USE, AND IF NOW CONSTRUL'fED, TO ~iAI}~i*AII'~ AND USE POLES, TOWERS, WIRE. S, CONDUITS, SUBWAYS, LINES, IiANHOLES, CABLES, EQUiI~,I~NT AND APPLIANCES tN, UNDER, OVER AND AIX)NG SUCiI STREETS, ALLL~fS AND OTtlER PUBLIC PLACES FOR TtIE AFORESAID PURPOSE." And if the said franchise is granted to The Chesapeake and Potomac Telephone Company of Virginia, it will observe and perform all the conditions and requirements contained in said ordinance and will reimburse the City of Virginia Beach for the cost of advertising the same, and will give the bond as required by law. A certified check for the sum of One Hundred Dollars ($100.00) the bid hereby nade, is hc~'ewith c~mloscd. ITEM t~4877 On motion by Vice blayor Ervin, seconded by Council. man Waterfield, an.~ by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Itolland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved an appropriation in the amount of $12,000 for engineering services in connection with the Cape Story By The Sea drainage program. ITEM #4878 On motion by Councilman Holland, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald }t. Rhodes, and Floyd E. Water£ield, Jr. Nays: None Absent: None City Council approved the appointment of Mr. Edward M. Williams, Superintendent of Building Codes, to the Minimum Housing Board as set out in Section 19-4 of the City Code. ITEM #4879 On motion by Councilman Waterfield, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. CromweI1, Jr., Vice Mayor F. Reid Ervin, George R. Ferrel. 1, Charles W. Gardner, Clarence'A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the request of Mr. Ivan D. b~app, Commissioner of the Revenue, to exonerate ninety-six (96) business establishments in late payment penalties on tangible personal property in the amount of $15,851.34. ITEM #4880 Mr. Robert Schaller, a resident of Chesopian Colony, appeared before'* City Council requesting that ,X.lr. F. k~ayne McLeskey, who is constructing a business complex adjacent to Chesopian Colony, conform to the requirements of the site plan which was submitted prior to the beginning of construction, with particular reference to the "buffer zones" which were proposed to be left between the commercial cor~str~ction and the residential area of Chesopian Colony. Mr. McLeskey, a contractor for iqoolco and Giant Open Air Market, displayed to City Council the submitted site plan and indicated his intention of complying with the site plan as it was submitted and approved. The City Manager, Mr. Roger M. Scott, indicated that every effort would be made to assure that Mr. McLeskey complied with the site plan. ITEM #4881 On motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, j. Curtis Payne Mayor Donald H. Rhodes, and Floyd E. Igaterfield, Jr. ' Nays: None Absent: None City Council noted its intention to hold a closed meeting on Monday, August 7, 1972, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. On motion by Councilman Ferrell meeting was adjourned. R~chard J.-~ City of Virginia Beach Virginia ' July 24, 1972 ITEM #4882 seconded by Councilman Gardner, the