MAY 25, 1993 MINUTES~it~ of X/i~~ir~i~
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS JR, At Large
JOHN A BAUM, Black, water Borough
LINWOOD 0 BRANCH Ill V~rgm~a Beach Borough
JAMES W BRAZIER, JR, ~vnnhaven Borough
ROBERT W CLYBURN, Kempsv~lle Borough
ROBERT K DEAN, Princess Anne Borough
LOUIS R JONES Bays*de Borough
PAUL J LANTEIGNE, Pungo Borough
JOHN D MOSS, At Large
NANCY K PARKER, At Large
JAMES K SPORE, C~ty Manager
LESLIE L LILLEY C~ty Attorney
RUTH HODGES SMITH CMC / AAE, C~ty Clerk
CITY COUNCIL AGENDA
'~U R N Ik
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VIR( ,INI 4 BF A( kt VIRGI,N'IA 2 ~,450 900q
t804~ 427 4303
MAY 25,1993
I. CiTY MANAGER'S BRIEFINGS
- Council Chamber -
2:00 PM
A.
Be
RECYCLED PRODUCTS PURCHASING POLICY
Patricia A. Phillips, Director of Finance
RESIDENTIAL /COMMERCIAL RECYCLING PROGRAM ENHANCEMENT
Debra C. Devine, Recycling Coordinator
II. INFORMAL SESSION
- Council Chamber -
2:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION
- Council Chamber -
6.00 PM
A.
S.
C.
D.
E.
Fe
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION: Reverend C. Arthur Knauer
Pembroke United Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF EXECUTIVE SESSION
MINUTES
1. INFORMAL & FORMAL SESSIONS -May 11, 1993
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
,
Ordinance authorizing the City Manager to apply to the United States Department of
Housing and Development (HUD) for the Nineteenth Year Final Statement of Objectives
(1993-1994) of Community Development Block Grant Funds.
e
Ordinance appointing viewers in the petition of Lawrence A. Sancilio, Rachel V.
Sancilio, Lena Sancilio, Maurice Steingold, Lewis B. Steingold and Signet
Bank/Virginia, Trustees under the Will of Israel Steingold for the closure of a portion of
Wagner Street, First Street and Avenue E, Map of East Norfolk (LYNNHAVEN
BOROUGH).
3. Ordinance authorizing Tax Refunds in the amount of $11,260.00.
H. ORDINANCES/RESOLUTION
.
Ordinances re Dixie Stampede:
a.
Authorizing and directing the City Manager to execute a deed of conveyance to
transfer to Dixie Stampede, L.P. City owned property, Block 40, Lots 1-20 and
Block 33, Lots 1-11, together with that portion of 19th Street lying between Pacific
Avenue and Arctic Avenue (GPIN No. 2427-17-0790).
b.
Designating a parcel of real estate situated between Pacific Avenue and Arctic
Avenue on the East and West, respectively, and 20th Street and 18th Street on
the North and the South, respectively re keeping and maintaining livestock.
C.
APPROPRIATE $2,395,360 in proceeds from sale of land to the Dixie Stampede
to CIP Project//3-010 Beach Borough Service Center re accelerate construction
of permanent replacement facilities for the Second Police Precinct and the
Oceanfront Library with a corresponding increase in estimated revenues.
d.
TRANSFER $191,820 from the FY 1992-1993 Operating Budget of the
Department of General Services to CIP Project #3-010 Beach Borough Service
Center re renting temporary space for the Second Police Precinct and the
Oceanfront Library.
e.
TRANSFER $90,000 within the FY 1993-1994 Operating Budget from TGIF
Reserves to the Development of Convention and Visitor Development re one-
time cooperative advertising effort.
AMEND and REORDAIN Ordinance No. 93-2204A re Tourism Growth and
Investment Special Revenue Fund.
g.
TRANSFER $2,669,427 from CIP//2-049 Resort Area Streetscape Improvements
to CIP //2-094 Dome Area Improvements re expand scope to include Pacific
Avenue Demonstration Project.
h.
TRANSFER $439,811 from Cavalier Park/North Linkhorn Park Water and Sewer
Projects to Water Project //5-122 19th Street Utility Improvements and Sewer
Project//6-047 19th Street Utility Improvements.
.
Ordinance to AMEND and REORDAIN Section 21-12 of the Code of the City of Virginia
Beach, Virginia re traffic and fees to park. (Sponsored by Councilman John D. Moss)
Deferred: May 11, 1993
.
Ordinance to AMEND and REORDAIN Section 6-114 of The Code of the City of Virginia
Beach, Virginia re restrictions on launching, landing, parking or stationing recreational
vessels and/or watercraft in certain areas.
Deferred: May, 11, 1993
.
Resolution authorizing and directing the City Manager to execute a Second Prime Lease
Amendment, Second Real Property Lease Modification Agreement, Second Supplemental
Trust Agreement, Second Assignment Modification Agreement and Certificate Purchase
Agreement re refinancing of the Judicial Center at the Municipal Center Complex and the
issuance of 1993 Refunding Certificates of Participation.
PUBUC HEARING
1. PLANNING BY CONSENT
a.
Application of DRIFT TIDE, INC. for a Variance to Section 4.4(d) of the Subdivision
Ordinance which requires that all lots created by subdivision have direct access
to a public street, on the West side of South Military Highway, 1106 feet North of
Indian River Road, containing 17.784 acres (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
b.
Application of VINEYARD CHRISTIAN FELLOWSHIP OF KEMPSVILLE for a
Conditional Use Permit for a church at the Southeast intersection of Princess Anne
Road and South Parliament Drive (Unit #23, Kempsville Plaza Shopping Center),
containing 2520 square feet (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
C.
Application of EBENEZER BAPTIST CHURCH for a Conditional Use Permit for a
church (addition) at the Northwest corner of Baker Road and Wesleyan Drive (875
Baker Road), containing 1.846 acres (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
d.
Application of TRUSTEES, BAYLAKE UNITED METHODIST CHURCH for a
Conditional Use Permit for a church (addition) at the Northwest corner of Shore
Drive and Treasure Island Drive (4300 Shore Drive), containing 3 acres (BAYSIDE
BOROUGH).
Recommendation:
APPROVAL
e.
Application of RICHARD P. BERUBE / BERUBE ENTERPRISES, INC. for a
Conditional Use Permit for an a, utomobile re.pair establishment on Lots 29 and 30,
Shelton Place (2114 Thoroughgood Road), containing 1.5 acres (BAYSIDE
BOROUGH).
Recommendation:
APPROVAL
Application of CHECKERED FLAG MOTOR CAR COMPANY, INC. and EDWARD
B. AND JEAN M. SNYDER, TRUSTEES, SNYDER FAMILY TRUST for a
Conditional Use Permit for parking and storage in connection with sales and
repair of motor vehicles on the South side of Virginia Beach Boulevard, 250 feet
more or less East of Clearfield Avenue, containing 2 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
2. PLANNING
a.
Application of 65 ACRES ASSOCIATES, LP. for a Conditional Change of Zoning
District Classification from I-I Light Industrial District to B-;~ Commurlity Business
District at the Northwest corner of Lynnhaven Parkway and Sabre Street (Parcel
5, Oceana West Industrial Park), containing 3.4339 acres (LYNNHAVEN
BOROUGH).
Deferred: May 11, 1993
Recommendation:
APPROVAL
b.
Application of SOPHIA OWENS for a Change of Zoning District Classification from
A-1;~ Apartment District to R-40 Residential District at the Western extremity of
Americus Avenue (1220 Americus Avenue), containing 2.449 acres (LYNNHAVEN
BOROUGH).
Recommendation:
APPROVAL
C.
Application of OWL'S CREEK GOLF CENTER, INC. for a Conditional Use Permit
for a recreation facility_ of an outdoor nature (expansion of grassed practice putting
facility_) on the West side of South Birdneck Road, 2810.76 feet North of Bell's
Road (415 South Birdneck Road), containing 38.5 acres (LYNNHAVEN
BOROUGH).
Recommendation:
APPROVAL
d.
Ordinances re equivalent residential unit (ERU) calculations for impervious
surface area:
(1)
AMEND Sections 1.1., 1.2, 1.3, 1.4 and 6.3 of the Subdivision Ordinance
(2)
Recommendation:
AMEND Sections 1 and 4 of the Site Plan Ordinance
APPROVAL
J. APPOINTMENT
FRANCES LAND HOUSE BOARD OF GOVERNORS
Resignation
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a.
Ordinance to AMEND and REORDAIN Section 23-2 of the Code of the City of
Virginia Beach, Virginia, re curfew for minors.
(Sponsored by Mayor Meyera E. Oberndorf)
b.
Ordinance to AMEND and REORDAIN Section 6-118 of the Code of the City of
Virginia Beach, Virginia re water skiing or surfboarding; and, ADDING new
Sections 6-22 and 6-121.1 re eluding police officer and jumping from bridge
or public fishing pier, respectively.
(Sponsored by Councilman Paul J. Lanteigne)
M. ADJOURNMENT
SCHEDULE
REAPPORTIONMENT
**PUBUC HEARINGS**
Council Chamber
WEDNESDAY, MAY 26, 1993
7:00 PM
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
5/20/93bp
AGENDA~5-25-93.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 25, 1993
Mayor Meyera E. Oberndorf called to order the CITY MANAGER's BRIEFINGS of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 25, 1993, at
2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Absent:
None
-2-
CITY MANAGER'S BRIEFINGS
RECYCLED PRODUCTS PURCHASING POLICY
2:00 P.M.
ITEM # 36816
Patricia .4. Phillips, Director of Finance, advised policy targets identified by City Council at the August
1992 workshop included a policy for purchasing products with recycled content. This report addresses
that policy target. Previously, in April 1992, City Council had adopted a "Resolution To Establish A
Recycled Product Procurement Policy". This policy report takes the City's commitment one step further
by providing guidelines for proactive procurement of products with recycled content.
Mrs. Phillips introduced the Members who prepared this Policy Report:
Debbie Devine
Chairman
Rick Berry
Finance
Barry Schockley
Public Works
Ed DeWandel
General Services
Nick Sessoms
Parks & Recreation
Mrs. Phillips displayed the graph entitled "The Recycling Loop ". The Recycling Loop is a closed loop
system requiring collection, manufacturing and purchasing to operate succinctly. In a survey of 258 cities
conducted in 1992 for the U.S. Conference of Mayors, the Munictpal Waste Management Association
found that lack of markets is the largest barrier to a successful recycling program.
The City of Virginia Beach has made some initial efforts to purchase some material with recycled content:
Recycled content paper is obtained on request for any departmental
publication. (Al letterhead stationery)
Plastic lumber, made from plastic milk jugs were used for traffic sign
posts along Phase H Dam Neck Road.
Mulch and compost generated from our residential yard waste collection
is used at Municipal Facilities.
Steel cans (4,034 tons in 1992 from Virginia Beach) recovered from our
residential waste stream at the Refuse Dertved Fuel Plant in Portsmouth,
are used once again in the form of a reinforcement bar in the City's road
construction projects.
Use of building insulation products, made from glass or plastic
containers, in the City's municipal buildings.
Steel studs that are commonly used in budding constructton are of 100%
recycled products.
Limited use of recycled toner cartridges.
Experimental use of reprocessed plastic as car stops for parla'ng lots.
Waste oil (8,000 gal.) and antifreeze are recycled.
Use of retreaded tires has saved over $66,000.
May 25, 1993
-3-
CITY MANAGER'S BRIEFINGS
RECYCLED PRODUCTS PURCH.4SING POLICY
ITEM # 36816 (Continued)
A calculation of life cycle cost can be illustrated with the example of replacing wooden park signs and
posts with a recycled content product. Such a product is made by Mobile Oil Company and has the
aesthetic appearance of wood and all the maintenance free qualities of plastic lumber. Currently 180
wooden park signs are refurbished on a 60-sign per year rotation. A comparison of the life cycle costs
of wooden versus recycled content signs is as follows:
COMPARISON OF LIFE CYCLE COSTS OVER 3 YEARS
WOODEN VERSES PLASTIC SIGNS
Wood $ 2,033 $ 31,444 $ 33,477
Plastic 10.165 1.8 75 12, 040
Savings $( 8.132} $ 29~569 $ 21,437
(CosO
House Bill 1604 and 1606 were introduced into the General Assembly this past Session and were signed
by Governor Wilder. House Bill 1604 involves periodic review of procurement standards to encourage
the use of goods and products with recycled content. This Bill also allows for the development of new
procedures and specifications for products with recycled content. House Bill 1606 addresses purchase
preferences for Virginia products and firms. In case of a tie bid the product with the highest recycled
content shall be awarded the contract.
As with any new effort, a period of years is needed to implement a "Buy Recycled" Purchasing Policy.
Mrs. Phillips advised the following recommendations, whtch represent phase one of a policy that will be
modified as products and technology evolve and data is evaluated'
Review Specifications
Analyze Key products
Training/Education
Evaluate Opportunities for Source Reduction
Environmental Enterprise
The proposed "Buy Recycled" purchasing policy initiates a process to evaluate current purchasing
practices for possible use of products with recycled content. This policy does not give a price preference
to products with recycled content, nor does it set mtnimum content standards for recycled products. It also
introduces the life cycle costing concept that allows for more factors to be considered than purchase price
alone. The policy will:
,
Review existing product and service specifications to ensure
that existing products with recycled content and for which
standards exist, can openly compete with virgin materials when
appropriate and in the best interests of cttizens.
.
Initiate the evaluation of products in five target materials for
which standards exist: paper and paper products, redefined
lubrication oil, retreaded tires, building insulation products
and cement and concrete containing fly ash.
3. Educate City employees on recycled content products, and
encourage them to be proactive with vendors.
4. Formalize the current policy of buying only recycled content
letterhead.
May 25, 1993
-4-
CITY MANAGER'S BRIEFINGS
RECYCLED PRODUCTS PURCHASING POLICY
ITEM # 36816 (Continued)
In addition, it is recommended that a Source Reduction Policy be developed that addresses:
Dual-sided copying
Elimination and/or revision of forms
Practices related to surplus materials
May 25, 1993
-5-
CITY MANAGER'S BRIEFINGS
RESIDENTIAL/COMMERCIAL RECYCLING PROGRAM ENHANCEMENT
2:20 P.M.
ITEM # 36817
Debra C. Devine, Recycling Coordinator, advised that in 1991 the City achieved a 16% recycling rate,
which exceeded the goal by 6%. In 1992, the residents in Virginia Beach, recycled 50,418 tons of
potential waste. If those materials had been disposed of as solid waste alone, this would represent an
additional $1.5-MILLION in disposal waste costs. The residential waste stream in 1992 has been
reduced by 26%, primarily through the City's yard waste collection program, dropoff centers, newspaper
recycling efforts of the school, tires, appliances and the curbside recycling program.
The business community, on the other hand, recycled 20,000 tons of waste, which at their tipping fee
represents $720,000 in avoided disposal costs. Commercial solid waste was reduced by 11% in 1992,
the same amount it was reduced in 1991. Cardboard boxes and metals, whether it be ferrous metals or
automobile bodies, represent the bulk of the material recycled by the business commumty.
There was an 18 1/2% reduction in the overall waste stream in 1992, compared to 16% in 1991. The
City has exceeded the 1993 goal of 15% by 3-1/2%. The total avoided disposal costs is $2.2-MILLION.
The significantly increased disposal costs, not only regarding municipal but commercial, has been the
"spark" to look at recycling as an economic alternative.
May 25, 1993
-6-
ITEM # 36818
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 25, 1993, at 2:28 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K, Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Absent:
None
May 25, 1993
-7-
ITEM # 36819
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUT~
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To-Wit: Appointments - Boards and Commissions:
Arts and Humanities Commission
Francis Land House
Hampton Roads Planning District Commission
Social Services Board
Tidewater Community College Board
Tidewater Regional Group Home Commission
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property pursuant to Section 2.1-
344(A)(3).
To-Wit: Site Acquisition - Beach Services Center
Disposition of publicly-held property - Virginia Beach Borough
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provisions of
legal advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit: Water Supply Briefing - Lake Gaston
Norfolk Water Contract Briefings
Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
-8-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
May 25, 1993
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 25, 1993, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend C. Arthur Knauer
Pembroke United Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 25, 1993
-9-
Item III-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 36820
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera
E. Oberndoff, Nancy ~ Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 36819 Page No. 7, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
R~th Hodges Smithl CMC/AAE
City Clerk
May 25, 1993
- 10 -
Item III-F. 1.
MINUTES
ITEM # 36821
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROFED the
Minutes of the INFORMAL AND FORMAL SESSIONS of May 11, 1993.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazter, Jr., Robert W.
Clyburn, Robert IL Dean, Louis R. Jones, John D. Moss, Mayor Meyera
E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
- 11 -
Item III-G.
CONSENT AGENDA
ITEM # 36822
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED IN
ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
- 12 -
Item 111-6.1.
CONSENT AGENDA
ITEM # 36823
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing the City Manager to apply to the United States
Department of Housing and Urban Development (HUD)for the
Nineteenth Year Final Statement of Objectives (1993-1994) of
Community Development Block Grant Funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
AN ORDINANCE TO APPLY FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE NINETEENTH PROGRAM YEAR (1993-1994)
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WHEREAS, the United States Congress has established
legislation designated as the Housing and Community Development Act
of 1974 setting forth as a national goal the development of viable
urban communities; and
WHEREAS, there is federal assistance available for the
support of Community Development and Housing activities directed
toward specific objectives such as the elimination of deteriorated
conditions in low and moderate income neighborhoods; the
elimination of conditions which are detrimental to health, safety
and welfare; the conservation and expansion of the City's housing
stock; the expansion and improvement of the quantity and quality of
community services; and other related activities; and
WHEREAS, the City of Virginia Beach has developed a
multi-year Community Development Program and has structured the
necessary mechanisms for its implementation in compliance with
federal and local directives; and
WHEREAS, the City of Virginia Beach is in the process of
implementing this program and desires to initiate an application
for the Nineteenth Year funding (1993-1994) in the amount of
$2,979,000 which includes projected income of $178,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to cause such information or materials, as may be necessary, to be
provided to the Department of Housing and Urban Development to
permit the review, approval, and funding of the City's Nineteenth
Year Final Statement of Objectives, and
BE IT ORDAINED, that the Council of the City of Virginia
Beach gives its assurance that the intent of the Act will be
complied with in full.
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Adopted by the Council of the City of Virginia Beach,
Virginia on this 25 day of May
, 1993.
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APPROVED AS TO CONTENT:
An iedma4%, Acting Director
Department of Housing and
Neighborhood Preservation
APPROVED AS TO FORM:
city Attorney
THE BEACON MARCH 7, 1993 13
i~;~--~[~.-~-I GRANT PROGRAM
~'~~J NOTICE OF PUBLIC H~RING --
Wednesday, March I 7, 1993, 7:00 PM
Virginia Beach Depa~ment of Housing and Neighborhood Prese~atlon ~
2397 Cou~ PI~ Drive, Budding 5 (Municipal Center)
T~e C[W o~ Virginia Beach wdl hold a pubhc healing at the t~me and place Indicated above for the purpose of providlPg the public with
the opponumW to comment on t~e Proposed Final Statement of Objectives for the CommuniW Development Block Grant (CDBG)
program for ~e peri~ July 1, 1~3 through June 30, 1994 A summa~ of t~e s~tement is published below The CIW receives an annual
ail~a~on of funds from the US Department of Housing and Urban Development (HUD) under ~e CommunlW Development Block
GrantPr~ram(CDBG) ~ r~uired by HUD' this n~t~ce c~n~ns the proposed use ~f these funds and ce~a~n policIes regarding their
use Copies of ~s propo~l are available at the address above The final decision regarding the use of CDBG funds will be made 0y CI~
Council at a future date This action wdl be adve~lsed via the publicatJon of Councll Agenda ~yciQzenwlshlngtocommentlslnvlt~
toe.end Comments may alsobesubmi~edJnwritmgtoAndrewFrie~man, VIrginlaBeachDept o~HouslngandNelghborhoodPreser-
vation, M~nlcipalCenter, Vtrginla Beach, VA2~56 NOTE The hearing location Is accesslble to the handicapped If speclalarrang~
men~ are needed, please ~1/42~5750 A TDD device Is available at 42~57~
D I S P ~C EM ENT STATEMENT
The CIW of Virginia Beac~ has adopted a Displacement Policy which compiles with the Uniform Relocation Assistance and Real Prop-
e~ Acquisition Act of 1970, as amenQed This pohcy insures that families and Individuals who are displaced by activities under a HUD
assisted program snail have full oppo~un~ to ~cupy comparable replacement housing that Is within their financial means and ad~
quate to their needs, that Js reasonably accessible to their places of employment or potential employment, transpo~tion and other
commercial and public facdJties, and that Is available on a nondlscrlmlnato~ basis Also, the policy insures that arrangemen~ shall
made to provide relocation ass~s~nce in accordance with the needs of 'hose to be displaced, including counseling, guidance, assis
lance and referrals and It fu~her insures t~at displacement will De minimized wherever possible A copy of the D~splacement Policy
Statement which includes a Policy to Minimize D~splacement an~ a Pohcy for Assisting D~splaces is available at the Depa~rnent of
Housing and Ne~hborh~ Prese~at~on Princess Anne Executive Park, Building ~5 Mumc~pal Center Virginia Beach VA 23456
at all pubhc hbrar~es
ESTIMATED FUNDING
1 9th Yea~ CommunlW Development Bloc~ Grant ......... $~.77 1 ,OOO
~timatedP~gramlncome . . 178.OOO
TOTAL 19THY~FUNDING $2.949,000
~timate of the amount to benefit Iow and
moderate income persons .... $2,600,000
The City of Virginia Beach aQop~ ~e lollowmg Commum~ 0evelopment objectives which shall be utilized to enhance the overall
qual~ of hfe w~[~m ~e C~W Speclhcally lun~s rece~veQ under Title 1 of the Communl~ Development Act of 1974 wdl be used to
promote the following objectives
~ To prowde and promote housing oppo~umtms and to Improve the quall~ anQ quantt~ of housing and neighborhoods for the CI~ s
Iow and moderate income per.ns
2 To s~mulate the rev~l~on of ~e remaining ~rget neighborhoods
3 TO eliminate h~rds to the heal~, ~fe~ and welfare of residents of the remaining target neighborhoods
4 To upgrade the C~ s subs~ndard housing stock by providing financial assls~nce for housing rehablll~tion an~ replacement hous-
ing to Iow and m~erate ~ncome households
5 To provide se~Jces and assts~nce to homeless and Iow income persons to enable them to obtain permanent housing and achieve
and mam~in self sufficiency
PROPOSED BUDGD
A. Relocation ~sls~nce ................................................................. ~6OO,OOO
Act~viW DescrlpQon Provision of optional relocation assls~nce to reslden~ of Bu~on S~tJon whose prope~ is acquired by the ClW
L~aUon/(Census trac~) Bu~on S~tlon ~rget neighborh~, l~at~ In census ~act ~2
B. Demolition of Vacant Delapidat~ Housing ...................................................... $60,OOO
Ac~vt~ De~ripaon Demohtion of un~fe Qilap~dated structures that cause a blighting Influence on the surrounding area
~cation/(Censustra~) Atlantic Park(~02),Bu~onS~tlon(402) Queen Cl~ (462 05). Sea~ck (~2 01)
C. ~lte Clea~lng ................................................................... ~40,OOO
ActJv~ Description S~te clearing of overgrown lots In order to remove ~ash, debris and overgro~
L~at~on/(Census tracts) AUantJc Park (~8 ~). Bu~on S~tion (402), Qu~n CIW (~2 05), Sea~ck (~2 01)
D Acquisition of P~pe~ fo~ Public Facilities ........................................ ~7~,OOO
Act~v~ Description Payment of costs and fees neces~toacqu~reprope~and easemen~ for the construction of
street and drainage facd~t~es in ~rget neighborhoods
L~atJon/{Census trac~) Sea~ck (~2~3), Queen C~W (462 05), Gracetown (414), Newsome Farm (4~)
E Eme~ency Housing Rehablll~tion .................. $35,OOO
Acuv[W Description Rehabih~tion gran~ for limited emergency repairs and to match S~te Emergency Home Repair Gran~
L~ation C[~ide
F. Neighborhood Mini-Grants .................................................................... ~7,OOO
AcQviW Description Gran~ to assist organ~ed communl~ groups In eligible areas to complete neighborhood Improvement projects
Gran~ will require matching funds
Location Grants will bemade onacompet~tlvebasis Nelghbor~dswhtch apply and are funded will haveto meet CDBG ellglDIll~
requiremen~
G ~lnla Beach Communi~ Development Corporation ..................... $1 1 5,000
Low and Moderate Income Home Ownership Program
Act~vi~ Description Program implementation costs for the Low and Moderate Income Home 0wnersh~p Program (LMIHOPr, which
proviOes home ownership oppo~umt~es for tow eno moderato income households by acqulr ng rehabil tat rig, f nancing and building
homes
Location Cl~lde
H Down payment ~sls~nce P~og~am ....................................... ~ZS,OOO
Activ~ Description Down payment granm for residents of subsIQIzed housing to enable them to become homeowners
L~at~on C~ide
I. Code ~fomement .......................................................................... $1 99, 1 23
Actlv~W Descript~on Code enforcement activities, Including ~e Ce~lflcate of Occupancy renal Inspection program, In designated
~rget and special emphas~s areas
Location/(Censustracts) 0ceanfront(~001,~002),Oceana(~806),Sea~ck(44201),Bayside(4~01 4~ 02), ~ke Edward (402)
Additional census tracts are proposed and will be ~etermlned at a later date
J. Neighborhood Services .................................................................. $1 96,666
ActJvl~ DescrtpUon Provtslon of public se~ces and communlW planning assistance for neighborhoods pa~iclpating in the CARE
program
L~ation ~ke Edward, Princeton ~kes~dhams Vdiage, Scarborough Square, Sea~ck
K. Housing Programs Implemen~tion ..................................... $367.805
ActiviW Description Pro.ram lmplemen~tlon costs for the Housing Finance and Construction Programs Includes funds for staff and
operating costs for t~e CDBG, Renal Rehabd~tat~on, and State single family, multi-family, emergency rehablli~tJon and demohtion
programs to beneht Iow anQ m~erate income persons c~de Also Includes tmplomen~tJon costs for HOME funded rehabilitation
and acqu~s~t~on/rehabd~t~on acttwties
Location Cit~lOe
L Shelter and Suppo~ ~vlces for Homeless Individuals and Families. ~60,OOO
Act~vlW Descr~p~on Provides funding lot a non proht organ[~tlon to provide shelter suppo~ se~ices and assis~nce in becoming self
s~ff~clent to homeless ~rson5 an~ pr0vis~on of tunQmg [o Va Beach Ecumenical Housing [nc to operate a shelter for homeless families
Location Ci~de
M Homeless Emergency P~ogram .................. $45,OOO
Act~vl~ Description Gran~ to householQs ~n danger of becoming homeless, grants for homeless persons to obtain permanent housing
Location C~lde
N. Section ~ P~ogram Implemen~tlon ...............................................
Act~v~ Description Operation of ~e Section 8 Program to prowde Federal Rental subsidies to Iow and moderate income households
Location Claude
O. ~lnla Beach Communi~ Development Corporation ........................... $2 1 5,OOO
Transitional/Renal Housing Program
Act~viW Description Provides Iow cost rental housing oppo~untties and supped se~ices for homeless families through the acquisition,
lease, repair and maintenance et housing
Location Ci~e
P. General Management and Oversight ..........
ActivlW Description Planning, management and oversight costs et t~e Communl~ Development Block Grant Program Includes fund-
lng of ~e following a~vJt~es
1 CAC CommunJ~ Orgam~tlon Training $3,000
2 Fair Housing Act~v~tms $500
3 CARE Traimng Activities $3,000
4 V~ Ass~ of NelghOorhood Travel $500
Q. Repayment of Section 1 OB Loan ............................................... $350,000
Estimated annual repayment Ins~llment against proposed $2,000,0~ loan The actual loan funds will be used for target neighborhood
rehabd~tahon in Sea~ck, Atlantic Park and Queen
R. inal~ct Cos~ ............................................................ ~ 1 30.000
Payment of indirect administrative expenses incurred by t~e C~ In suppo~ of CDBG-funded activities
S ~la~ Rese~es ...................................... ~1
Rese~es for possible ~[a~ Increases If approve~ by Cl~ Council
- 13 -
Item III-G. 2.
CONSENT AGENDA
ITEM # 36824
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance appointing viewers in the petition of Lawrence A. Sancilio,
Rachel V. Sancilio, Lena Sancilio, Maurice Steingold, Lewis B.
Steingold and Signet Bank/Virginia, Trustees under the Will of Israel
Steingold for the closure of a portion of Wagner Street, First Street and
Avenue E, Map of East Norfolk (LYNNHAVEN BOROUGH).
The Viewers are:
David G. Grochmal
Robert J. Scott
Ralph A. Smith
Director of General Services
Director of Planning
Director of Pubhc Works
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis t~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
NOTICE
PLEASE TAKE NOTICE that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on the
25th day of May, 1993, at 6:00 p.m., in the City Council's Chambers
at the City Hall of the City of Virginia Beach, Princess Anne
Station, 2401 Courthouse Drive, Virginia Beach, Virginia, the
undersigned will petition the Council for the appointment of
Viewers to view the below-described portions of those certain
streets and report to the City Council whether in the opinion of
the Viewers, what, if any, inconvenience would result from the
vacating, closing and discontinuance of same, the said portions of
said streets being described as follows:
~aqner Street: Ail that certain parcel and portion
of Wagner Street situated, lying and being located in the
City of Virginia Beach, Virginia, and more particularly
described as follows, to-wit: that portion of Wagner
Street bounded on the south by the northern right-of-way
boundary of the Virginia Beach-Norfolk Expressway and
bounded on the north by the southern right-of-way
boundary of Bonney Road.
First Street: Ail that certain parcel and portion
of First Street situated, lying and being located in the
City of Virginia Beach, Virginia, and more particularly
described as follows, to-wit: that portion of First
Street bounded on the east by the western right-of-way
boundary of Avenue E and bounded on the west by a line
running the width of First Street 100 feet west of, and
parallel with, the western boundary of Wagner Street.
Avenue E: Ail that certain parcel and portion of
Avenue E situated, lying and being located in the City of
Virginia Beach, Virginia, and more particularly described
as follows, to-wit: the western half of Avenue E,
approximately twenty-five (25) feet, bounded on the south
by the northern right-of-way boundary of the Virginia
Beach-Norfolk Expressway and bounded on the north by a
line 25.01 feet in length, 200 feet south of, and
parallel with, the southern right-of-way boundary of
First Street.
All the above, as shown on that certain plat entitled,
"Plat Showing a Portion of Wagner Street, First Street and Avenue
E to be Closed, Map of East Norfolk, for BRM Properties, Lynnhaven
Borough, Virginia Beach, Virginia", prepared by John E. Sirine and
Associates, Ltd., Surveyors, Engineers, and Planners, dated April,
1993, and last revised on April 28, 1993.
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will petition
the City Council to vacate, close and discontinue those portions of
Wagner Street, First Street and Avenue E, in the City of Virginia
Beach, Virginia, described above.
LAWRENCE A. SANCILIO
RACHEL V. SANCILIO
LENA SANCILIO
MAURICE STEINGOLD
LEWIS B. STEINGOLD, Trustee under
the Will of Israel Steingold
SIGNET BANK/VIRGINIA, Trustee under
the Will of Israel Steingold
Counsel
Ralph W. Buxton
Branch H. Daniels, Jr.
COOPER, SPONG & DAVIS, P.C.
Central Fidelity Bank Building
High & Crawford Streets
Post office Drawer 1475
Portsmouth, Virginia 23705-1475
(804) 397-3481
{ rwb\ sancilio not}
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION
OF THOSE CERTAIN STREETS, KNOWN AS WAGNER STREET, FIRST STREET
AND AVENUE E, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT
SHOWING A PORTION OF WAGNER STREET, FIRST STREET AND AVENUE E
TO BE CLOSED, MAP OF EAST NORFOLK, FOR BRM PROPERTIES,
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS
ATTACHED HERETO.
PETITION
TO:
THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioners, Lawrence A. Sancilio, Rachel V.
Sancilio, Lena Sancilio, Maurice Steingold, and Lewis B.
Steingold and Signet Bank/Virginia, Trustees under the Will of
Israel Steingold, respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the Petitioner
applies for the vacating, closing, and discontinuance of a
portion of those certain streets, more specifically described
as follows:
Wagner Street: Ail that certain parcel and
portion of Wagner Street situated, lying and being
located in the City of Virginia Beach, Virginia,
and more particularly described as follows, to-wit:
that portion of Wagner Street bounded on the south
by the northern right-of-way boundary of the
Virginia Beach-Norfolk Expressway and bounded on
the north by the southern right-of-way boundary of
Bonney Road.
First Street: Ail that certain parcel and
portion of First Street situated, lying and being
located in the City of Virginia Beach, Virginia,
and more particularly described as follows, to-wit:
that portion of First Street bounded on the east by
the western right-of-way boundary of Avenue E and
bounded on the west by a line running the width of
First Street 100 feet west of, and parallel with,
the western boundary of Wagner Street.
Avenue E: Ail that certain parcel and portion
of Avenue E situated, lying and being located in
the City of Virginia Beach, Virginia, and more
particularly described as follows, to-wit: the
western half of Avenue E, approximately twenty-five
(25) feet, bounded on the south by the northern
right-of-way boundary of the Virginia Beach-Norfolk
Expressway and bounded on the north by a line 25.01
feet in length, 200 feet south of, and parallel
with, the southern right-of-way boundary of First
Street.
Said parcels of land being portions of Wagner Street,
First Street and Avenue E, indicated on that certain plat
entitled "Plat Showing a Portion of Wagner Street, First
Street and Avenue E to be Closed, Map of East Norfolk, for BRM
Properties, Lynnhaven Borough, Virginia Beach, Virginia",
which plat is attached hereto and made a part hereof and
intended to be recorded with the Ordinance closing the
aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
streets; and the Petitioners pray that this Honorable Council
appoint viewers as provided by law to view said platted
streets proposed to be closed and to report in writing to the
Council on or before the 15th day of June, 1993, as to whether
in the opinion of said Viewers, what inconvenience, if any,
would result from the discontinuance and vacating of this
portion of said street, as herein reported and described.
3. That on the 6th and 13th days of May, 1993, notice
of the presenting of this application was published in the
Beacon, a newspaper of general circulation in the City of
Virginia Beach, Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portions of the platted
streets are your Petitioners herein, Lawrence A. Sancilio,
Rachel V. Sancilio, Lena Sancilio, Maurice Steingold, and
Lewis B. steingold and Signet Bank/Virginia, Trustees under
the Will of Israel Steingold, c/o Tony Sancilio, Larasan
Realty Corp., 789 Seahawk Circle #111, Virginia Beach,
Virginia, 23452-7800, and the other owners, Shirley B. Moore;
Shirley B. Moore, Executrix of Winnie D. Bruce Estate, 2710
Ike Street, Lot 118, Chesapeake, Virginia 23324; Contractors
Paving Company, Incorporated, Bob Teets, President, Post
Office Box 62817, Virginia Beach, Virginia 23462; NationsBank,
N.A. and Ann K. Sullivan, Trustees of the Family Trust of
George M. Sullivan, 1640 NationsBank Center, Norfolk,
Virginia.
Respectfully Submitted,
Lawrence A. Sancilio,
Rachel V. Sancilio,
Lena Sancilio,
Maurice Steingold, and
Lewis B. Steingold and Signet
Bank/Virginia, Trustees under
the Will of Israel Steingold
/
~- ' /Counsel
Ralph W. Buxton
Branch H. Daniels
COOPER, SPONG & DAVIS, P.C.
Central Fidelity Bank Building
High & Crawford Streets
Post Office Drawer 1475
Portsmouth, Virginia 23705-1475
(804) 397-3481
[rwb/sanci L io.pet]
ORDINANCE APPOINTING VIEWERS
WHEREAS, Lawrence A. Sancilio, Rachel V. Sancilio, Lena
Sancilio, Maurice Steingold, and Lewis B. Steingold and Signet
Bank/Virginia, Trustees under the Will of Israel Steingold, have
given due and proper notice, in accordance with the statutes for
such cases made and provided, that they will, on the 25th day of
May, 1993, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-
described property and report in writing to the Council whether, in
the opinion of said Viewers, any, and if any, what inconvenience
would result from the discontinuance of the hereinafter described
portions of those certain streets of variable width, and has filed
such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
David C. Gr0chmal and
Ralph A. Smith
are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of portions of those certain streets of
variable width located in the City of Virginia Beach, Virginia, and
more particularly described as follows:
Waqner Street: Ail that certain parcel and portion
of Wagner Street situated, lying and being located in the
City of Virginia Beach, Virginia, and more particularly
described as follows, to-wit: that portion of Wagner
Street bounded on the south by the northern right-of-way
boundary of the Virginia Beach-Norfolk Expressway and
bounded on the north by the southern right-of-way
boundary of Bonney Road.
First Street: Ail that certain parcel and portion
of First Street situated, lying and being located in the
City of Virginia Beach, Virginia, and more particularly
described as follows, to-wit: that portion of First
Street bounded on the east by the western right-of-way
boundary of Avenue E and bounded on the west by a line
running the width of First Street 100 feet west of, and
parallel with, the western boundary of Wagner Street.
Avenue E: Ail that certain parcel and portion of
Avenue E situated, lying and being located in the City of
Virginia Beach, Virginia, and more particularly described
as follows, to-wit: the western half of Avenue E,
approximately twenty-five (25) feet, bounded on the south
by the northern right-of-way boundary of the Virginia
Beach-Norfolk Expressway and bounded on the north by a
line 25.01 feet in length, 200 feet south of, and
parallel with, the southern right-of-way boundary of
First Street.
Ail the above as shown upon that certain plat entitled, "Plat
Showing a Portion of Wagner Street, First Street and Avenue E to be
Closed, Map of East Norfolk, for BRM Properties, Lynnhaven Borough,
Virginia Beach, Virginia", which plat is attached hereto and made
a part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
[rwb/sanc i [ ~ o/ord]
of
Adopted by the City Council of the City of Virginia Beach on the 25 day
May , 1993.
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THOSE CERTAIN
STREETS OF VARIABLE WIDTH, KNOWN AS
WAGNER STREET, FIRST STREET, AND AVENUE
E, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHOWING A PORTION OF WAGNER STREET,
FIRST STREET AND AVENUE E TO BE CLOSED, MAP OF
EAST NORFOLK, FOR BRM PROPERTIES, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH
PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by Lawrence A. Sancilio, Rachel V. Sancilio, Lena Sancilio,
Maurice Steingold, and Lewis B. Steingold and Signet Bank/Virginia,
Trustees under the Will of Israel Steingold, that they would make
application to the Council of the City of Virginia Beach, Virginia
on May 25, 1993, to have the hereinafter described streets
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said streets
be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described streets be discontinued,
closed, and vacated:
Wagner Street: All that certain parcel and portion
of Wagner Street situated, lying and being located in the
City of Virginia Beach, Virginia, and more particularly
described as follows, to-wit: that portion of Wagner
Street bounded on the south by the northern right-of-way
boundary of the Virginia Beach-Norfolk Expressway and
bounded on the north by the southern right-of-way
boundary of Bonney Road.
First Street: All that certain parcel and portion
of First Street situated, lying and being located in the
City of Virginia Beach, Virginia, and more particularly
described as follows, to-wit: that portion of First
Street bounded on the east by the western right-of-way
boundary of Avenue E and bounded on the west by a line
running the width of First Street 100 feet west of, and
parallel with, the western boundary of Wagner Street.
Avenue E: Ail that certain parcel and portion of
Avenue E situated, lying and being located in the City of
Virginia Beach, Virginia, and more particularly described
as follows, to-wit: the western half of Avenue E,
approximately twenty-five (25) feet, bounded on the south
by the northern right-of-way boundary of the Virginia
Beach-Norfolk Expressway and bounded on the north by a
line 25.01 feet in length, 200 feet south of, and
parallel with, the southern right-of-way boundary of
First Street.
Said parcels of land designated as "Wagner Street, to be
closed", "First Street, to be closed", and "Avenue E, to be
closed", as indicated on that certain plat of property in Virginia
Beach, Virginia, entitled "Plat Showing a Portion of Wagner Street,
First Street and Avenue E to be Closed, Map of East Norfolk, for
BRM Properties, Lynnhaven Borough, Virginia Beach, Virginia", which
plat is to be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, upon adoption of this
ordinance, and is made a part hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
Adopted:
GPIN # :
[rwb/sanci L ~ .ord]
lOUIS BRENNER
ALBERI 1 1AYIOR, IR
RALPH W BUXFON
BRANCH H DANIELS JR
IOSEPH P MA.SSEY
DAVID R TYNCH
ItAR. OI D E BF I I
(,RI ¢,Ol(f M I'OMIJI
H ALEXANDLR JOI-IN.~ON
IAMES H FLIPPEN []
SUSAN TAYLOR HANSEN
COOPER .%PONG 0 DAVIS
A PROFESSIONAl C. ORPORA1 ION
A'I 1'ORNI:Y$ Al' LAX)(/
CINFIRAL IIDELIIY P, ANK BUll
HIGH & CRAWFORD STREEF$
POST OFFICE DRAWER 1475
PORTSMOUTH, VIRGINIA 23705-147.G
May 5, 1993
Mayor and Members of Council of the
City of Virginia Beach, Virginia
Municipal Center
Virginia Beach, VA 23456
OF COIJNSFI
WILLIAM B M'ONG IR
RICHARD I DAVIS
ARNOLD H LEON
I ELFPHONE (804) 397-3481
IACSIMILE (804)
()UR FILE NO
RE: CERTIFICATE OF VESTING OF TITLE
I, Ralph W. Buxton, attorney for Lawrence A. Sancilio,
Rachel V. Sancilio, Lena Sancilio, Maurice Steingold, and Lewis B.
Steingold and Signet Bank/Virginia, Trustees under the Will of
Israel Steingold, with respect to an application for the closing of
Wagner Street and portions of First Street and Avenue E, do hereby
certify that:
1. I am an attorney at law and represent Lawrence A.
Sancilio, Rachel V. Sancilio, Lena Sancilio, Maurice Steingold, and
Lewis B. Steingold and Signet Bank/Virginia, Trustees under the
Will of Israel Steingold, the petitioners, with respect to an
application for the closing of Wagner Street and portions of First
Street and Avenue E,.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in the adjacent landowners as
follows:
Mayor and Members of Council of the
city of Virginia Beach, Virginia
May 5, 1993
Page 2
Owners of "Wagner Street" after adoption of the closure
1. Lena Sancilio
2. Lawrence A. Sancilio and Rachel V. Sancilio, husband and
wife
3. Maurice Steingold
4. Signet Bank and Lewis B. Steingold, Trustees under the
Will of Israel Steingold
5. NationsBank, N.A. and Ann K. Sullivan, Trustees of Family
Trust of George M. Sullivan, Jr., deceased
6. Shirley Bruce Moore
7. Shirley Bruce Moore, Executrix of the Estate of Winnie O.
Bruce
Owners of the "closed portion" of First Street after adoption
of the closure ordinance:
1. Lena Sancilio
2. Lawrence A. Sancilio and Rachel V. Sancilio, husband and
wife
3. Maurice Steingold
4. Signet Bank and Lewis B. Steingold, Trustees under the
Will of Israel Steingold
5. NationsBank, N.A. and Ann K. Sullivan, Trustees of Family
Trust of George M. Sullivan, Jr., deceased
Owners of the "closed portion" of Avenue E after adoption of
the closure ordinance:
1. Lena Sancilio
2. Lawrence A. Sancilio and Rachel V. Sancilio, husband and
wife
ordinance:
Mayor and Members of Council of the
City of Virginia Beach, Virginia
May 5, 1993
Page 3
,
NationsBank, N.A. and Ann K. Sullivan, Trustees of the
Family Trust of George M. Sullivan, Jr., deceased
The said property referred to herein is hereby described as
follows:
Wagner Street: Ail that certain parcel and portion
of Wagner Street situated, lying and being located in the
City of Virginia Beach, Virginia, and more particularly
described as follows, to-wit: that portion of Wagner
Street bounded on the south by the northern right-of-way
boundary of the Virginia Beach-Norfolk Expressway and
bounded on the north by the southern right-of-way
boundary of Bonney Road.
First Street: Ail that certain parcel and portion
of First Street situated, lying and being located in the
City of Virginia Beach, Virginia, and more particularly
described as follows, to-wit: that portion of First
Street bounded on the east by the western right-of-way
boundary of Avenue E and bounded on the west by a line
running the width of First Street 100 feet west of, and
parallel with, the western boundary of Wagner Street.
Avenue E: Ail that certain parcel and portion of
Avenue E situated, lying and being located in the City of
Virginia Beach, Virginia, and more particularly described
as follows, to-wit: the western half of Avenue E,
approximately twenty-five (25) feet, bounded on the south
by the northern right-of-way boundary of the Virginia
Beach-Norfolk Expressway and bounded on the north by a
line 25.01 feet in length, 200 feet south of, and
parallel with, the southern right-of-way boundary of
First Street.
Sincerely,
Ralph W. Buxton
RWB:dl
[ rwb\ avenue doc]
IOIIIS BRINNI R
ALBERF I IAYLOK,
RALPI4 W BUX¥ON
BRANCH It DANIELS IR
IOSEPI4 P MASSEY
DAVID R TYNCH
ItAROLD E BELL
GRLGORY M POMIIE
H ALEXANDER JOIqNSON
lAMES H FLIPPEN []
SUSAN TAYLOR HANSEN
COOPER., 5PONG g DAVIS
A PR. OFLSSIONAI ( OP, I'ORAI ION
AI'FOI~.NI_Y5 Al LAW
CLNIF, AL I IDLIIIY BANk BUILDINg,
HIGH 8 CRAWFORD STREETS
POST OFFICE DRAWLR 1475
POR.-I-SMOUTH, VIRGINIA 23705-14.75
OF COUN%LI
WILLIAM B SPONG
RICIIARD I DAVIS
ARNOLD FI LEON
TELEPHONE (804) 397-3481
FACSIMILE (804) 397-8ICo7
OUR. FILE NO
AFFIDAVIT
STATE OF VIRGINIA
City of Portsmouth, to-wit:
I, Ralph W. Buxton, attorney for Lawrence A. Sancilio,
Rachel V. Sancilio, Lena Sancilio, Maurice Steingold, and Lewis B.
Steingold and Signet Bank/Virginia, Trustees under the Will of
Israel Steingold, being first duly sworn, depose and state:
1. That I am an attorney at law and represent Lawrence
A. Sancilio, Rachel V. Sancilio, Lena Sancilio, Maurice Steingold,
and Lewis B. Steingold and Signet Bank/Virginia, Trustees under the
Will of Israel Steingold regarding that certain street closure
application referenced below.
2. That on the 6th and 13th of May, 1993, notice of the
presenting of the application to close Wagner Street and portions
of First Street and Avenue E on behalf of Lawrence A. Sancilio,
Rachel V. Sancilio, Lena Sancilio, Maurice Steingold, and Lewis B.
Steingold and Signet Bank/Virginia, Trustees under the Will of
Israel Steingold, was published in The Beacon, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
And further the deponent saith not.
' -~lph W. Bux~on
Subscribed and sworn to before me this 17th day of May,
1993.
My Commission expires: October 31, 1997
Notary Public
{ ~wb\sanclllo aff)
State of V~rg~n~a
C~ty at Norfolk
IO w~t
AFFIDAVIT
Th~s day sharon WhzLe personally
appeared before me and after being duly sworn made oath that
(1) (Itc)(C)he) ,s aft,davit clerk of V~r~n*'~n-I';l?L_/_ld'.dJ&9_r_-~?r ......
a newspaper published by Landmark Com,nun~cat~ons, Inc, ,n tl~e c,t,es of No, folk, Portsmouth,
Chesapeake, Suffolk and V~rg,n~a Beach, State of V~rg~n,a,
'2/ [hal the advertisement hereto annexed of
Street Closzng
newspaper on t!~e follow~ng dates
.... 5/_6/93 Beac__o_n, 5/13/9_~__B_~a_cqn__
has been published ,n sa,d
Subscribed and sworn to before me ,n my c,ty and state aforesaid th~s
~z,'tl~ day of Hay
My camm,ss,on exp,res /~~~ 7.~v,
19 _
Affront
19 9]
Notary Pub!~c
·
Legals 3250
PLEASE lAP'[ NOT~CE that at
the mer'hng of the Cdy Counc~ of
the Cdy of V~rRmla ~each V~rgm
~a to bo heid on the 25th day of
May 1993 al 6 O0 p m ~ the
cdy Councd s Cham~rs , the
~ty H~U el the Cffy of
B~arh Princess Anne St~hon
aD.raiment of Vmwers to view
the below de¢cr~bed ~d ohs of
those certa.n streets and repo~ to
the Cffy Council whether m the
op~qlOn of the Vmwers what
any mconveme~ce would resu t
from the vacahn~ clos,n~ and
dlsroDbnlj~nC~ et same the
portion Of S~d sffeels berne de
~cnb~d ~s Follows
WAGNER STREET All Jh~J cee
J~m p~rcel ~nd ~od~on el
Street s~tuated lying and being
located m the C~ty of V~rgm,a
Batch V,rgm,a andmore pall c
ularly de~cnbod a~ follows
wd U~mt ~rbon of WmRner Stm~t
t~unded on the south by the
nodhern n~ht of wry [~ ~da~ of
the V~rg;n~a Begch Nodofk Fx
pre.sway and bounded on the
nodh by the so.them right o~
way bounda~ of Bonney Poad
~lRqr %TRffT All fh~t teH~,n
fnr~l ~rt(J prHJlOtl Of [ Ir~t
m t ~e Cdy uf ~r~pr~a B~aeh Wr
~m~ and mo~e parhculady de
scribed as follows to w~t that
porhon of Ffrs[ Street bounded on
tPe east by the western nRht of
way bounda~ of Avenue ~ ~nd
~unded on the we~t by a
runmn8 (he w~dlh of F~t Street
100 feet west of and parallel
wRh the western bounda~ of
W~ner Street
AVENUE E All that certain parcel
~n~ ~n~f,~ve;ue E mtuated
~Y~ R R ocated ,n the
C. ty of V~rR.ma Beach Wr~ma
and more Pad,cularly desc~ bed
es fo ows to w,l the w~stern
hRII OI Avenue ~ approximately
twenty hve (25) feet bounded on
[Legals 321
·
the '~outh by the northern r,ght
of way boundary of the VlrE~ma
Beach Norfolk Expressway and
boundr, d on the north by a hrs.",
25 OJ lc, et in leni~th 200 feet
SOulh of and parallel w,th ti
southern nEht of way boundary of
F~rst c;t met
All ttm abn..~ a~ shown on lhat
cprtam Dial ent,tlr, d Plat Sho.v
~ng a Porbon of Wa~ner
F~ st Street and Avenue E to be
CIo~,ed Map of Fast Norfolk for
aRM Proped~es. Lynnhavr. ~ Bet
ough Wr[mia Beach Vtrglma
prepared by John E Si.ne and
Associates Ltd Surveyors
n.~'rs and Planners dated
1993 and last rewsed on Apr,I
28 1993
At that twne anyo.e affr. cter. I
may appear and present his
views
After the report of the V,ewr'rs
received at thp next regular
meet,ng ,n the Oty Counol or
soon thereafter as the matter may
be placed on the a£enda the
unders~sned wdl pebhon he C~ty
CouJlctl to vacate clo~e and rtl"--.
continue those porhons of Wag
ner Street F.rst Street and Ave
hue [ m the ely of WrR,n~a
Beach V~rRm~a dp~c.bed above
LAWRENCE A %ANClLIO
RACHEL V qANCII IO
I INA AN(. II
MAIJI,~I( I %11H'.l(,(H I)
LIW:% fi '-,It lN(,oI [)
Trustee und'"r the W el
Israel Stepngnld
SIGNE1 BANK/VIRGINIA
Trustee under the W of
Israel %lemgotd
By Ralph W Buxton
Counsel
Ralph W Bu:<ton
Branch H Damel~ Jr
COOPER SPONG & [)AVIS P C
Central f~dehty Bank Budding
HIRh & Crawford Streets
Ports Ofhce Drawer 1475
P°dsm°utl~/.Pm~a 23705 ! 475
(804) 397 32181
EXHIBIT A
Waqner Street
Ail that certain parcel and portion of Wagner Street
situated, lying and being located in the City of Virginia Beach,
Virginia, and more particularly described as follows, to-wit: that
portion of Wagner Street bounded on the south by the northern
right-of-way boundary of the Virginia Beach-Norfolk Expressway and
bounded on the north by the southern right-of-way boundary of
Bonney Road, as shown on the plat entitled, "Plat Showing a Portion
of Wagner Street, First Street and Avenue E to be Closed, Map of
East Norfolk, for BRM Properties, Lynnhaven Borough, Virginia
Beach, Virginia", prepared by John E. Sirine and Associates, Ltd.,
Surveyors, Engineers, and Planners, dated April, 1993, and last
revised on April 28, 1993.
EXHIBIT B
First Street
Ail that certain parcel and portion of First Street
situated, lying and being located in the City of Virginia Beach,
Virginia, and more particularly described as follows, to-wit: that
portion of First Street bounded on the east by the western right-
of-way boundary of Avenue E and bounded on the west by a line
running the width of First Street 100 feet west of, and parallel
with, the western boundary of Wagner Street, as shown on the plat
entitled, "Plat Showing a Portion of Wagner Street, First Street
and Avenue E to be Closed, Map of East Norfolk, for BRM Properties,
Lynnhaven Borough, Virginia Beach, Virginia", prepared by John E.
Sirine and Associates, Ltd., Surveyors, Engineers, and Planners,
dated April, 1993, and last revised on April 28, 1993.
EXHIBIT C
Avenue E
Ail that certain parcel and portion of Avenue E situated,
lying and being located in the City of Virginia Beach, Virginia,
and more particularly described as follows, to-wit: the western
half of Avenue E, approximately twenty-five (25) feet, bounded on
the south by the northern right-of-way boundary of the Virginia
Beach-Norfolk Expressway and bounded on the north by a line 25.01
feet in length, 200 feet south of, and parallel with, the southern
righ-of-way boundary of First Street, as shown on the plat
entitled, "Plat Showing a Portion of Wagner Street, First Street
and Avenue E to be Closed, Map of East Norfolk, for BRM Properties,
Lynnhaven Borough, Virginia Beach, Virginia", prepared by John E.
Sirine and Associates, Ltd., Surveyors, Engineers, and Planners,
dated April, 1993, and last revised on April 28, 1993.
LAWRENCE A., RACHEL V. & LENA
SANCILIO, MAURICE STEINGOLD &
LEWIS B. STEINGOLD & SIGNET
BANK/VIRGINIA, TRUSTEES UNDER
THE WILL OF ISRAEL STEINGOLD
Closure of Wagner Street,
First Street & Avenue E
Lynnhaven Borough
0
L
'
II
i
;
T
~'
uL ULi
O000t
(n~)
133~J.g
l.L
- 14 -
Item IlI-G. 3.
CONSENT AGENDA
ITEM # 36825
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $11,260.00 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
5/3/93 EMC
FORM NO C ~ 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for tax refunds upon certification of the Treasurer are hereby approved
Tax Type T~cket Exonera- Date Penalty Int
NAME Year of Tax Number t~on No Pa~d
Total
The Trio 93
Linda E Ryan 93
I Jules Goldsand & R Katen 93
Nationsbank Mortgage Corp 93
Mary Jane Parker 93
Napolitano Enterprises Inc 93
Banc Plus Savings Assoc 93
Church Point Associates 93
Burlage Associates 93
Burlage Associates 93
Broad Meadows Associates 92
Hoffland Properties Inc 93
Hoffland Properties Inc 92
First Federal S&L of Rochester92
Harry R Purkey 91
Wm M & Wm Joseph Biggs 91
Wm M & Wm Joseph Biggs 91
Wm M & Wm Joseph Biggs 91
Lawrence E & Mary C Tant 90
Lawrence E & Mary C Tant 90
Lawrence E Tant 91
Lawrence E Tant 91
Lawrence E Tant 92
Lawrence E Tant 92
Princess Anne Memorial Park 93
Princess Anne Corp 93
Princess Anne Corp 93
John Ray Potter et al 92
John Ray Potter et al 92
John Ray, Gordon Potter et al 92
John Ray, Gordon Potter et al 92
John Ray, Gordon Potter et al 93
John Ray Potter et al 93
Dean S. Pierson N/A
Carol J Rlddick N/A
RE(l/2) 117461-2 9/28/92 10.10
RE(l/2) 77339-8 12/2/92 233.30
RE(l/2) 43549-6 1/21/93 84.55
RE(l/2) 50977-2 11/24/92 228.98
RE(l/2) 21145-0 11/27/92 402.91
RE(l/2) 105556-3 12/5/92 136.25
RE(l/2) 72766-1 11/24/92 581.43
RE(l/2) 20977-5 12/5/92 306.24
RE(1/2) 15789-3 12/4/92 59.70
RE(l/2) 15790-0 12/4/92 59.70
RE(l/2) 13275-0 12/5/91 285.20
RE(l/2) 52848-5 12/1/92 1,185.92
RE(2/2) 52298-1 6/4/92 1,185.92
RE(2/2) 69774-8 7/20/92 600.14
RE(2/2) 7059-5 7/6/92 407.31
RE(l/2) 9456-0 11/26/90 85.03
RE(l/2) 9458-8 11/26/90 85.03
RE(l/2) 9457-9 11/26/90 85.03
RE(l/2) 111385-1 12/1/89 19.54
RE(2/2) 111385-1 5/31/90 19.54
RE(l/2) 112640-9 11/26/90 20.64
RE(2/2) 112640-9 6/5/91 20.64
RE(l/2) 113166-0 11/26/91 21.80
RE(2/2) 113166-0 6/5/92 21.80
RE(l/2) 93320-6 11/18/92 404.28
RE(l/2) 93291-1 11/18/92 218.00
RE(l/2) 93292-0 11/18/92 125.90
RE(l/2) 91730-5 3/20/92 13.14
RE(2/2) 91730-5 6/5/92 2.73
RE(l/2) 91732-3 3/23/92 140.67
RE(2/2) 91732-3 6/5/92 123.92
RE(l/2) 92568-9 12/5/92 123.92
RE(l/2) 92566-1 12/5/92 2.73
Pkng 344641 12/17/92 50.00
Pkng 356567 11/14/92 10.00
Total
7,361.99
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$7~361-_99 were approved by
the Council of the C~ty of V~rg~n~a
Beach on the 25_ day of
Ruth Hodges Smith
C~ty Clerk
s to pa~
J ohr~T .i)~tk~~ nson, Tre[surer
Approved as to form
FORM NO C A 7
5/14/93 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for tax refunds upon certification of the Treasurer are hereby approved
Tax Type T,cket Exonera- Date Penalty Int.
NAME Year of Tax Number t~on No. Pa~d
Total
Herbert & Carolyn Culpepper 89 RE(2/2)
F Wayne McLeskey Jr 93 RE(1/2)
Lee A G~fford 93 RE(l/2)
GTE Telephone Operations 93 RE(1/2)
MH & Phyllis S~ngleton 93 RE(l/2)
T~dewater Oriental Foods 93 RE(l/2)
Jimmy K Wong 93 RE(l/2)
Sandbr~dge Development Co 93 RE(l/2)
Sandbrldge Devel.opment Co 93 RE(l/2)
R G Bosher 93 RE(l/2)
Chemical Mortgage Co 93 RE(l/2)
Harbor F~nancial Mortgage Co 93 RE(l/2)
104241-3 4/30/93 708.30
76175-9 12/5/92 60.44
42444-4 12/4/92 608.97
23499-8 12/5/92 9.08
107122-4 12/2/92 25.83
116448-2 3/2/93 326.70
128091- 7 12/1/92 24.53
101251-0 11/18/92 176.36
101252- 9 11/18/92 631.99
103491-6 11/23/92 167.76
130542-8 12/5/92 369.40
103686-1 2/9/93 788.65
Total
3,898.01
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$3; 898.01 were approved by
the Council of the City of Virginia
Beach on the 2,5_ day of Hay
Ruth Hodges Smith
C~ty Clerk
rt~f as o pay n',
J~r~ T -A{l~lnson, t~e~surer
Ap~oved as to form
Leslie L L,Iley. C,ty Att~ey---')/
- 15 -
Item III-H. 1.
ORDINANCES/RESOL UTION
ITEM # 36826
The following spoke in SUPPORT:
Michael Barrett and Delceno Miles, 1829 Eden Way, Phone: 422-1568, represented the Hampton Roads
Chamber of Commerce and presented a Resolution ADOPTED by the Hampton Roads Chamber of
Commerce in SUPPORT of the DIXIE STAMPEDE.
Henry Richardson, Comfort Inn, 28th and Pacific Avenue, Phone: 428-2203, President - Virginia Beach
Hotel/Motel Association
Joseph Hawa, El Hawa Corporation, Post Office Box 348, Phone: 428-1144, President - Resort
Leadership Council
David l~. Groth, David's Beach Shop, 702 Atlantic Avenue, Phone: 425-0583, Member - Resort Area
Advisory Commission
John Perros, Le Buffet, 21st Street and Atlantic Avenue, Phone: 428-6510, President - Virginia Beach
Restaurant Association.
Roger Newill, 1257 East Bay Shore Drive, Phone: 627-5775, President - Resort Area Advisory
Commission
The following spoke in OPPOSITION:
Susie D. Whitehursg 1055 Norfolk Avenue, Phone: 425-1692, represented the Seatack, Atlantic Park,
Surrounding Area Civic League
Rosa Norman
Mary Williams
Beverly A. Woodhouse, 448 North Oeana Boulevard, Phone. 533-6860
Ross Underhill, 3620 Gladstone Arch, Phone: 340-1165
Sue Carlyle, 1425 Alanton Drive, Phone: 481-2538
Bruce Hughes, 1066 Longstreet Avenue, Phone: 422-8275
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinances re Dixie Stampede:
Authorizing and directing the City Manager to execute a deed of
conveyance to transfer to Dixie Stampede, L.P. City owned property,
Block 40, Lots 1-20 and Block 33, Lots 1-11, together with that portion
of 19th Street lying between Pacific Avenue and Arctic Avenue (GPIN No.
2427-17-0790).
Designating a parcel of real estate situated between Pacific Avenue and
Arctic Avenue on the East and West, respectively, and 20th Street and
18th Street on the North and the South, respectively re keeping and
maintaining livestock.
May 25, 1993
- 16 -
Item I[I-H. 1.
ORDINANCES/RESOL UTION
ITEM it 36826 (Continued)
APPROPRIATE $2,395,360 in proceeds from sale of land to the Dixie
Stampede to CIP Project #3-010 Beach Borough Service Center re
accelerate construction of permanent replacement facilities for the
Second Police Precinct and the Oceanfront Library with a corresponding
increase in estimated revenues.
TRANSFER $191,820 from the FY 1992-1993 Operating Budget of the
Department of General Services to CIP Project #3-010 Beach Borough
Service Center re renting temporary space for the Second Police Precinct
and the Oceanfront Library.
TRANSFER $90,000 withtn the FY 1993-1994 Operating Budget from
TGIF Reserves to the Department of Convention and I/'tsitor
Development re one-time cooperative advertising effort.
AMEND and REORDAIN Ordinance No. 93-2204A re Tourism Growth
and Investment Special Revenue Fund.
TRANSFER $2,669,427 from CIP #2-049 Resort Area Streetscape
Improvements to CIP #2-094 Dome Area Improvements re expand scope
to include Pacific Avenue Demonstration Project.
TRANSFER $439,811 from Cavalier Park/North Linkhorn Park Water
and Sewer Projects to Water Project #5-122 19th Street Utility
Improvements and Sewer Project #6-047 19th Street Utihty
Improvements.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
AN ORDINANCE AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
DISPOSE OF CERTAIN REAL PROPERTY
WHEREAS, the City of Virginia Beach has engaged in
discussions with Dixie Stampede, L.P., concerning the construction
and operation of a Dixie Stampede in Virginia Beach; and
WHEREAS, Dixie Stampede has expressed a desire to
construct and operate such facility on property owned by the City
and located in the City's resort area; and
WHEREAS, an Agreement has been prepared which provides
for the sale of the property to Dixie Stampede for such purpose;
and
WHEREAS, it is the opinion of the City Council that the
city should enter into the aforesaid Agreement and that the
property described in the Agreement should be conveyed to Dixie
Stampede, L.P. in accordance with the terms of the aforesaid
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the terms of the Agreement dated May 10, 1993
between Dixie Stampede, L.P. and the City of Virginia Beach are
hereby accepted by the City of Virginia Beach and the City Manager
is hereby authorized and directed to execute the Agreement on
behalf of the City of Virginia Beach.
2. That if all conditions recited in the aforesaid
Agreement are met and satisfied, the City Manager is authorized and
directed to execute a deed of conveyance to transfer to Dixie
Stampede, L.P. the City owned property having GPIN NO. 2427-17-0790
and being further described in the office of the Clerk of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book
1, page 20 as Block 40, Lots 1-20, and in Deed Book 390, page 441
as Block 33, Lots 1-11, together with that portion of 19th Street
lying between Pacific Avenue and Arctic Avenue. Provided however,
that there shall be reserved from the conveyance a strip of
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
AN ORDINANCE DESIGNATING A PARCEL OF
REAL ESTATE AS BEING AUTHORIZED FOR
THE KEEPING OF LIVESTOCK
WHEREAS, the City Council has authorized and directed the
City Manager to execute an agreement with Dixie Stampede, L.P.
which contemplates the sale of City owned property and the
construction of a Dixie Stampede facility thereon; and
WHEREAS, in connection with the operation of the facility
on the property, it will be necessary for Dixie Stampede to keep
and maintain livestock on the site; and
WHEREAS, § 5-3 of the Code of the City of Virginia Beach
would forbid the keeping of livestock on the property unless the
City Council designates the parcel as being authorized for keeping
of livestock; and
WHEREAS, the City Council is of the opinion that the
property is sufficiently situated and the facility sufficiently
planned so as to warrant the keeping of livestock as a permissible
use on the property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the parcel of property having GPIN No. 2427-17-0790
and being situated between Pacific Avenue and Arctic Avenue on the
East and West, respectively, and 20th Street and 18th Street on the
North and the South, respectively, is hereby designated as an
authorized parcel for the keeping and maintaining of livestock.
This Ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25
CA-5138
ORDIN\NONCODE\ 5138. ORD
PREPARED: 5 / 18 / 93
R-1
day of May
APPROVED AS TO LEGAL
C~ATTORNEY J----/~;
, 1993.
DEPARTMENT
AN ORDINANCE APPROPRIATING $2,395,360 IN PROCEEDS FROM
SALE OF LAND TO THE DIXIE STAMPEDE TO CIP PROJECT #3-010
BEACH BOROUGH SERVICE CENTER IN ORDER TO ACCELERATE CONSTRUCTION
OF PERMANENT REPLACEMENT FACILITIES FOR THE SECOND POLICE
PRECINCT AND THE OCEANFRONT LIBRARY WITH A CORRESPONDING
INCREASE IN ESTIMATED REVENUES
l0
WHEREAS, successful negotiations with the Dixie Stampede have resulted in a fmr market agreed upon
selling pnee of $2,395,360 for the interior blocks of 18th Street to 20th Street, and from Arctic Avenue to Pacific
Avenue;
11
12
WHEREAS, the sale of this land will cause the immediate need to permanently relocate the Second Police
Precinct and the Oceanfront Library;
13
14
WHEREAS, in order to accelerate the construction of these two (2) facilities and vacate the temporary
leased facihties, additional funding wall be required in CIP ProJect//3-010 Beach Borough Service Center,
15
16
WHEREAS, since the receipt of these funds are contingent upon satisfaction of certain contractual
obligations, expenditures by the city of these appropriations shall be consistent with receipt of the funds
17
18
19
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $2,395,360 from proceeds from sale of land to the D~xm
Stampede be appropriated to CIP Project g3-010 Beach Borough Service Center for the purpose of accelerating
construction of permanent replacement facilities for the Second Police Precinct and the Oceanfront Library;
21
22
BE IT FURTHER ORDAINED THAT there be a corresponding increase in estimated revenues m
proceeds from sale of land;
23
BE IT FURTHER ORDAINED THAT expenditures of these funds be consistent w~th receipt of the funds
24
Adopted the 25 day of May , 1993, by the Council of the City of Virginia Beach, Virgima.
25
This ordinance shall be in effect from the date of its adoption.
f_?I~ROVED AS TO CONTENT
Dept, of Mar~agement and Budget
AN ORDINANCE TRANSFERRING $191,820 FROM THE FY 92-93
OPERATING BUDGET OF THE DEPARTMENT OF GENERAL SERVICES
TO CIP PROJECT/]3-010 BEACH BOROUGH SERVICE CENTER FOR
THE PURPOSE OF RENTING TEMPORARY SPACE FOR THE SECOND
POLICE PRECINCT AND THE OCEANFRONT LIBRARY
WHEREAS, the current facilities housing the Second Pohce Precmct and the Oceanfront Library are
oceupymg land upon which the city wishes to sell;
WHEREAS, the Second Police Precinct ~s currently programmed to be replaced w~th CIP//3-010 Beach
Borough Service Center;
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WHEREAS, the Oceanfront L~brary can be replaced by including the facility within the scope of CIP
g3-010 Beach Borough Service Center;
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WHEREAS, temporary rental locations have been ~dentified for both facihties from which service to the
pubhc can be provided until the construction of the permanent replacement facilities are completed.
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WHEREAS, there are surplus funds in the FY 92-93 Operating Budget of the Department of General
Servmes sufficient to address th~s cost,
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $191,820 be transferred from the FY 92-93 Operating Budget
of the Department of General Services to CIP Project//3-010 Beach Borough Service Center for the purpose of
providing first year rental costs for temporary facilities for the Second Police Precinct and the Oceanfront L~brary
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Adopted the 25 day of May , 1993, by the Council of the C~ty of Virgima Beach, Virginia
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Th~s ordinance shall be in effect from the date of its adoption.
LTPROVED AS TO CONTENT
Dept of Management and Budget
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AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE
NO. 93-2204A PERTAINING TO THE TOURISM GROWTH
AND INVESTMENT SPECIAL REVENUE FUND
WHEREAS, on February 2, 1993, City Council adopted
Ordinance No. 93-2204A which, among other things, established the
Tourism Growth and Investment Special Revenue Fund; and
WHEREAS, City Council desires to add an additional
capital project to the list of capital projects authorized
thereunder;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That Ordinance No. 93-2204A is hereby amended and
reordained by adding the Pacific Avenue Demonstration/Dome Area
Improvements Project to the list of capital projects initially
established thereunder as the Tourism Growth and Investment
Program.
2. That Ordinance No. 93-2204A, as so amended, shall
supercede the Ordinance as adopted on February 2, 1993.
3. That this Ordinance shall become effective on the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of May , 1993.
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CA-5144
ORD IN \ NONCODE \ TOURI SM. ORD
R-1
PREPARED: 05 / 20 / 93
II, PROVED AS TO CONTENTS
AP?ROVe? ' ~
. ~ , Lr'GAL
· ~UFFICIEix:C¥ Ah~D FORM
CiTY ,ATTORNEY
AN ORDINANCE TRANSFERRING $90,000 WITHIN THE FY 93-94
OPERATING BUDGET FROM TGIF RESERVES TO THE DEPARTMENT OF
CONVENTION AND VISITOR DEVELOPMENT FOR A ONE-TIME
COOPERATIVE ADVERTISING EFFORT WITH THE DIXIE STAMPEDE
WHEREAS, as part of the agreement with the Dixie Stampede to locate In Virgmia Beach, the City has
agreed to provide funds dunng FY 93-94 m the amount of $140,000 for cooperative advertising efforts;
WHEREAS, tins one-time cooperative effort will not only advertise the Dixie Stampede, but also adverhse
Virginia Beach as a family oriented tourist deshnatmn,
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WHEREAS, the Department of Convention and Visttor Development ~s responsible for adverhsing and
marketing the City as a tourist destination, and, as such, has funding presently programmed in the FY 93-94
Operating Budget in support of this responsibility;
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WHEREAS, the Department of Convention and Vmitor Development has reviewed its advertising and
marketing campaign for FY 93-94 and has identified $50,000 of current FY 93-94 advertising appropriations winch
can be re-directed towards this cooperative effort;
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WHEREAS, the remaining balance of $90,000 required to meet the cooperative advertising agreement is
available for transfer from TGIF Reserves.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $90,000 be transferred within the FY 93-94 Operating Budget
from TGIF Reserves to the Department of Convention and Visitor Development for the purpose of a one-time
cooperative advertising effort with the Dixae Stampede.
Adopted the 25 day of May , 1993, by the Council of the City of Virginia Beach, Virginia.
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This ordinance shall be in effect July 1, 1993
,-~.P?ROVED AS TO CONTENT
Dept of Management and Budget
AN ORDINANCE TO TRANSFER $2,669,427 FROM CIP g2-049
RESORT AREA STREETSCAPE IMPROVEMENTS TO CIP #2-094
DOME AREA IMPROVEMENTS TO EXPAND SCOPE TO INCLUDE
PACIFIC AVENUE DEMONSTRATION PROJECT
WHEREAS, the Council has approved the sale of land and authorized the City Manager to enter into an
agreement with the Dixie Stampede to budd a dinner attraction facility on city-owned property located between 18th
and 20th Streets and between Arctic and Pacific Avenues;
WHEREAS, as a part of the agreement with the Dixie Stampede, the city wall ~mprove Pacific Avenue
between 18th and 20th Streets, and on the perimeter roads of Arctic Avenue and 18th and 19th Streets,
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WHEREAS, it is also desirable to make other improvements on 19th Street between Atlantic and Pacific
Avenues, transforming 19th Street into a promenade connecting the Pacific Avenue Demonstration Project to
Atlantic Avenue,
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WHEREAS, it is estimated that improvements to Pacific Avenue to provide a demonstration protect similar
to Atlantic Avenue, demolition of the Dome, site preparation, 19th Street Promenade, and improvements to Arctic
Avenue and 18th and 19th Streets would cost approyamately $2,669,427;
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WHEREAS, these funds may be provided from CIP//2-049 Resort Area Streetscape Improvements by
deferring improvements in the Rudee Loop Area
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $2,669,427 be transferred from CIP //2-049 Resort Area
Streetseape Improvements to CIP g2-094 Dome Area Development to include the Pacific Avenue Demonstration
Project, demolition of the Dome, site preparation, 19th Street Promenade, and improvements to Arctic Avenue and
18th and 20th Streets;
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BE IT FURTHER ORDAINED THAT CIP g2-094 Dome Area Development be retitled to Pacific Avenue
Demonstration/Dome Area Improvements ProJect.
Adopted the _.23_ day of May , 1993, by the Council of the City of Virginia Beach, Virginia.
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This ordinance shall be xn effect from the date of its adoption.
APPROVED AS TO CONTENT
Dept of Management and Budget
AN ORDINANCE TRANSFERRING $439,811 FROM
CAVALIER PARK/NORTH LINKHORN PARK WATER AND SEWER
PROJECTS TO WATER PROJECT #5-122 19TH STREET
UTILITY IMPROVEMENTS AND SEWER PROJECT #6-047
19TH STREET UTILITY IMPROVEMENTS
WHEREAS, as part of the agreement with the Dixie Stampede the city must prepare the site ready for
construction of the dinner attraction;
WHEREAS, the preparation of the site will require the removal and relocation all utihties located beneath
19th Street;
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WHEREAS, it is estimated that the water utility improvements for 19th Street will cost $286,000, and the
sewer utihty improvements for 19th Street will cost approximately $153,811,
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WHEREAS, there is $395,000 available from Sewer Project #6-928 Cavalier Park/North Linkhom Park
and $44,811 available from Water Project g5-967 Cavaher Park/North Lmkhorn Park since these projects are
substantially completed and have surplus funds available for transfer;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that Water Project #5-122 19th Street Utility Improvements and Sewer Project #6-047 19th
Street Utility Improvements are established as capital projects;
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BE IT FURTHER ORDAINED THAT funds in the amount of $286,000 be transferred to Water Project
#5-122 19th Street Utility Improvements, and funds in the amount of $153,811 be transferred to Sewer Project
#6-047 19th Street Utility Improvements from Cavalier Park/North Linkhorn Water Project//6-928 and Cavalier
Park/North Lmkhorn Park Sewer Project #5-967 in the amounts of $395,000 and $44,811 respectively
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Adopted the 25 day of Hay , 1993, by the Council of the City of Virgima Beach.
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THIS ORDINANCE SHALL BE IN EFFECT FROM THE DATE OF ITS ADOPTION.
APPROVED AS TO CONTENT
Dopt of Management and Budget
-17-
Item III-H. 2
__
ORDINANCES/RES OL UTION
ITEM # 36827
Upon motion by Councilman Moss, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-12 of the
Code of the City of Virginia Beach, Virginia re traffic and fees
to park. (Sponsored by Councilman John D. Moss)
Voting: 10-1
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, Robert gE. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndo~ Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr.
Council Members Absent:
None
May 25, 1993
Requested by Councilmember John D. Moss
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-12 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO TRAFFIC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-12 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Section 21-12. Heneral powers of city manager relative to traffic.
(a) The city manager shall have final authority over the
management and direction of all vehicular and pedestrian traffic in
the city and of the parking and routing of vehicles in the interest
of the public safety, comfort and convenience, not inconsistent
with the provisions of this chapter and title 46.2 of the Code of
Virginia. He may cause appropriate signs to be erected and
maintained, designating residence and business districts, school,
hospital and safety zones, highways and interurban railway
crossings, turns at intersections, traffic lanes and such other
signs as may be necessary to carry out the provisions of this
chapter. He shall have power to regulate traffic by means of
traffic officers or semaphores or other signaling devices on any
portion of the highway where traffic is heavy or continuous or
where, in his judgement, conditions may require. He may adopt any
such regulations, not inconsistent with the provisions of this
chapter, as he shall deem advisable and necessary, and repeal,
amend or modify any such regulation; provided, however, that such
regulations shall not be deemed to be violated if, at the time of
the alleged violation, any sign or designation required under the
terms of this chapter is missing, effaced, mutilated or defaced, so
that an ordinary observant person, under the same circumstances,
would not be apprised of or aware of the existence of such
regulations.
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(b) Notwithstanding the provisions of subsection (a). the
city manager shall not implement any program or regulation which
requires the payment of a fee to park in any public lot within or
adjacent to the Municipal Center on City business days from 8:30
a.m. to 5:00 p.m., absent specific authorization from city council.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 25tk day of M~y , 1993.
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CA-5116
~ORDIN~PROPOSED~21-012. PRO
R-2
PREPARED: May 19, 1993
- 18 -
Item III-H. 3.
ORDINANCES/RES OL UTION
ITEM # 36828
The following registered in SUPPORT of launch and land areas for personal watercraft:
Robert G. Page, 149 Golden Maple Drive, Phone: 431-2223
Bill Gardner, 2517 Lynnriver Drive, Phone: 498-4786, represented the Tidewater Personal Watercraft
Club and Member of Ocean Park Rescue Squad.
Karen Powers Mallard, 517 General Booth Boulevard, Phone, Phone: 491-3028, represented the
Tidewater Personal Watercraft Club
M. Kay Frank, 2505 Atlantic Avenue, represented the Tidewater Personal Watercraft Club
J. Mark Hamilton, 544 Vanderbilt Avenue, Phone: 422-1238, represented the Tidewater Personal
Watercraft Club
W. Jeffrey Frizzel~ 4972 Virginia Beach Boulevard, Phone: 499-4146, represented Cycle World
Frank Amendolare, 203 19th Street, Phone: 425-5943, represented the Tidewater Personal Watercraft
Club
David P. Gaskins, 2013 Barnett Court, Phone: 468-8895, represented the International Jet Sporting
Association ~
Bar~y E. Hull, 1933 Virginia Beach Boulevard, Phone: 340-1820
Mike Kelly, Post Office Box 5185, Phone: 464-2477, represented the Tidewater Personal Watercraft Club
Terri H. Gaskins, 2013 Barnett Court, Phone: 468-8895, represented the International Jet Sporting
Association
The following registered in OPPOSITION:
Martin Salasky, 505 Croatan Road, Phone: 428-8190, represented the Croatan Civic League
Pat Clark, 1638 Deerborn Court, Phone: 428-2241
Bill Frierson, 509 Kerry Lane, Phone: 422-8823, owner of Wave Riding Vehicles
Norman Hech6 520 South Atlantic Avenue, Phone: 422-2207
Dr. Dan Syes, Ocean Pebbles Way, Phone: 425-6003
Michael Midgett, 1820 West Lane, Phone: 428-6171
Victor Perrott~ 416 Beverly Place, Phone: 486-2321, represented the Surfrider Foundation
Cheyne Cole, 210 50th Street, Phone: 428-7150, represented OASIS (SUMMER SURF CLUB)
Paul Wesg 1333 Gannet Run, Phone: 459-3400, President of the Eastern Surfing Association
Wes Laine, 526 Virginia Dare Drive, Phone: 428-2620
William B. Dawson, Jr., 1092 16'nderly Lane, Phone: 479-5265, represented the Fisherman's Association
A MOTION was made by Councilman Brazier, seconded by Councilman Dean to DENY the Ordinance
to AMEND and REORDAIN Section 6-114 of The Code of the City of Virginia Beacl~ Virginia re
restrictions on launching, landing, parking or stationing recreational vessels and/or watercraft in certain
areas.
Upon SUBSTITUTE MOTION by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-114 of The Code of
the City of Virginia Beach, Virginia re restrictions on launching,
landing, parking or stationing recreational vessels and/or watercraft in
certain areas.
May 25, 1993
- 19 -
Item III-H. 3.
ORDINANCES/RESOL UTION
ITEM # 36828 (Continued)
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~.. Clyburn, Louis R.
Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr.
Council Members I/bting Nay:
James W. Brazier, Jr., Robert K. Dean, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
May 25, 1993
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-114 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO BEACHES, BOATS AND
WATERWAYS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-114 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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Section 6-114. Restrictions on launching, landing, parking or
stationing recreational vessels in certain areas.
(a) It shall be unlawful for any person to launch or land a
sailboat, motor boat, motorized personal watercraft, canoe,
rowboat, flatboat, kayak, umiak, scull or any other similar
recreational vessel on the beach area north of Rudee Inlet to the
center line of 42nd Street prolongated eastward, between Memorial
Day Weekend and Labor Day Weekend between the hours of 10:00 a.m.
and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and
holidays. The provisions of this subsection shall not be applicable
to any person who is awarded a contract, based upon competitive
procurement principles, to conduct an operation for the rental of
designated recreational vessel(s) or to any person who rents a
vessel from an authorized rental operator provided the vessel(s) so
rented is launched or landed within the area designated in such
contract. For purposes of this section, Memorial Day Weekend shall
be deemed to commence at 6:00 p.m. the Friday before Memorial Day
and Labor Day Weekend shall be deemed to end at 6:00 p.m. Labor
Day.
(b) It shall be unlawful for any person to park or station a
sailboat, motor boat, motorized personal watercraft, canoe,
rowboat, flatboat, kayak, umiak, scull or other similar
recreational vessel on the beach area north of Rudee Inlet to the
center line of 42nd Street prolongated eastward, with the following
exceptions:
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(1) In an emergency;
(2) With an approved race or regatta permit;
(3) In the process of launching or landing a vessel specified
above in the areas and during the time periods permitted
in subsection (a) of this section.; or
(4) Pursuant to a contract awarded in accordance with the
provisions of subsection (a) of this section.
(c) It shall be unlawful for any person to launch, land, park
or station a motor boat or motorized personal watercraft on the
beach between the area north of the center line of 42nd Street
prolongated eastward and the southern boundary line of Fort Story,
except in an emergency or with an approved race or regatta permit.
(d) It shall be unlawful for any person to launch, land, park
or station a sailboat on the beach between the area north of the
center line of 42nd Street prolongated eastward and the southern
boundary line of Fort Story without a permit from the city manager,
with the following exceptions:
(1) In an emergency; or
(2) With an approved race or regatta permit.
(e) Permits will be issued by the City manager for sailboats
to be launched, landed, parked or stationed on the beach between
the area north of the center line of 42nd Street prolongated
eastward and the southern boundary line of Fort Story under the
following conditions:
(1) The permit to be issued on a first come first serve basis
subject to subsections (i) and (j) of this section.
(2) The city manager shall limit the number of permits to
four (4) sailboats per block between the area north of
the center line of 42nd Street prolongated eastward and
the center line of 57th Street prolongated eastward;
seven (7) sailboats per block between the area north of
the center line of 57th Street prolongated eastward and
the center line of 77th Street prolongated eastward, and
twelve (12) sailboats per block between the area north of
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the center line of 77th Street prolongated eastward to
the southern boundary line of Fort Story.
(3) A sailboat having a valid permit under this subsection
may be launched, landed, parked or stationed on the beach
area in front of any block between 42nd Street and Fort
Story as long as the maximum number, as set forth in (2)
above is not exceeded. If the maximum number as set
forth in (2) above is exceeded, then the sailboat that
does not have a permit for that particular block shall be
in violation of this section.
(4) Permits are valid only for the month of March through the
month of October for the year in which the permit was
issued.
(5) Permits must be renewed annually.
(6) The annual permit fee shall be thirty dollars ($30.00)
for residents of the city and ninety dollars ($90.00) for
nonresidents. The city manager is authorized to
establish dates of issuance for such permits for
residents and nonresidents.
(7) There shall be no parking or stationing of sailboats on
the sand dunes or in front of access points or street
ends.
(8) No anchors shall be driven in the beach to secure
sailboats, unless approved by the director of the
department of public works as to type, size and location.
(9) No sailboats shall be secured to lawful fixtures or
structures on the beach.
(10) The permits shall be placed on the outside port (left)
bow of the sailboat.
(11) Permits are nontransferable.
(f) It shall be unlawful for any person to launch or land any
motor boat, motorized personal watercraft or any other motorized
recreational vessel on the beaches etending south of Fleet Combat
Training Center Dam Neck to the southern boundary of Little Island
Park, or on the beaches south of Rivcr Rudee Inlet to the northern
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boundary of Camp Pendleton Military Reservation, during the season
from 6:00 p.m. on the Friday before Memorial Day Weekend through
6:00 p.m. on the Monday following Labor Day Weekend, between the
hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00
p.m. weekends and holidays, except as hereafter provided:
(1) Water craft may be launched or landed in an emergency or
for law enforcement purposes·
permission of the Virginia Division of Parks and
Recreation shall be exempt from the restrictions of this
article.
(g) Any police officer of the City of Virginia Beach is
hereby authorized to remove and impound or have removed and
impounded any vessel which appears to be in violation of this
section or which is lost, stolen, abandoned or unclaimed· In
addition to the fine imposed for a violation of this section, such
vessel shall be removed and impounded at the owner's expense until
lawfully claimed or disposed of.
(h) Any person who shall violate any of the provisions of
this section shall be guilty of a Class 4 misdemeanor.
(i) If any person holding a permit under this section has
three (3) or more convictions, or findings of not innocent in the
case of a juvenile, of violating this section or section 6-115
within the permit period, the city manager shall revoke that
person's permit· That person shall not be eligible for another
permit for the same permit period·
(j) Any person who has six (6) or more convictions, or
findings of not innocent in the case of a juvenile, of violating
this section or section 6-115 within any two (2) year period shall
not be issued a permit by the city manager under this section for
the next two (2) years·
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 25th day of May , 1993.
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CA-5117
\ORDIN \PROPOSED \ 06-114. PRO
R-1
PREPARED: May 4, 1993
AI~PROVED AS TO LEGAL
I~UFFI~
e~.._ .... ~.
Policy Report
PUBLIC LAUNCH AND LAND AREA FOR PERSONAL WATERCRAFT
ALONG THE OCEANFRONT.
Background
During the August 21, 1989 City Council meeting Sec=ion 6-114 of
the City Code was amended to designate the southern most 400 feet
of Little Island Park as a launch and land area for watercraft.
This amendment was in response to complaints from residents and
others swimming from Sandbridge area beaches regarding the
dangerous practice of launching small boats, especially personal
watercraft, "jet skis", from the beach among the swimmers.
The southern most 400 feet of Little Island Park is also
designated as a commercial fishing area. Currently, and for many
years in the past, this area was used for commercial net fishing.
Representatives of the Tidewater Waterman's Association have
stated they were not consulted prior to the 1989 amendment and
the two uses cannot co-exist.
Last summer the City Council requested staff to meet with
representatives of the Tidewater Personal Watercraft Club to
address request for launch and land areas along the oceanfront of
Virginia Beach.
Considerations
Personal Watercraft are prohibited from launching and landing
from public beaches from 6:00 p.m. on the Friday before Memorial
Day Weekend through 6:00 p.m. on the Monday following Labor Day
Weekend between the hours of 10:00 a.m. to 4:00 p.m. weekdays and
from 10:00 a.m. to 6:00 p.m. on weekends and holidays. During
the hours and months of the year not restricted by Section 6-114,
personal watercraft are allowed to launch and land at the public
beach area.
Representatives of the Tidewater Personal Watercraft Club
requested three personal watercraft use areas approximately 500
feet wide, similar to the designated surfing areas. If the 500
feet areas were not available, 50 feet launch and land lanes were
requested.
Staff reviewed all oceanfront areas from Fort Story to Little
Island Park and could not identify any suitable location for a
personal watercraft area or launch and land lanes. Staff con-
sidered available parking, access, facilities, existing uses, and
enforcement issues of each area evaluated.
Public Information
The public has been involved during this entire process. Meetings
have been held with representatives from the Tidewater Personal
Watercraft Club, Tidewater Waterman's Association, Civic leagues,
and Eastern Surfing Association.
This issue was reviewed by the Croatan Community Relations
Committee (CCRC) because of many of the committee member's
expertise with this issue. The committee has representatives
from the above mentioned public groups plus representation from
the Police Marine Patrol, Emergency Medical Services, and
Virginia Beach Lifesaving Service.
After in depth discussion, the CCRC recommended that since
personal watercraft are classified as boats, they should use the
public boat ramps during the restricted times noted in Section 6-
114 of the City Code.
Alternative Courses of Action
1) No action. If no action is taken the conflict between the
commercial fishermen and personal watercraft will continue.
Safety and liability problems of the conflicting activities will
increase with increased use of the area.
2) Amend Section 6-114 of the City Code to prohibit launching
and landing of personal watercraft at the southern most 400 feet
of Little Island Park to resolve the conflict of the two
designated uses of this area.
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Recommendation
Although staff would like to provide public launch and land areas
on the oceanfront for personal watercraft and accommodate all
special interest group's requests, limited resources prohibit
some activities.
Staff recommends to amend Section 6-114 to prohibit launching and
landing of personal watercraft at the southern most 400 feet of
Little Island Park to address the conflict with the two
designated uses of this area.
Staff agrees with the Croatan Community Relations Committee's
recommendation that during the restricted times personal
watercraft should utilize public boat ramps to launch and land.
Submitted by: Reviewed by:
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Item III-H. 4.
ORDINANCES~RESOLUTION
ITEM # 36829
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Resolution authorizing and directing the City Manager to execute a
Second Prime Lease Amendment, Second Real Property Lease
Modification Agreement, Second Supplemental Trust Agreement, Second
Assignment Modification Agreement and Certificate Purchase Agreement
re refinancing of the Judicial Center at the Municipal Center Complex
and the issuance of 1993 Refunding Certificates of Participation.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A SECOND PRIME LEASE AMENDMENT,
SECOND REAL PROPERTY LEASE MODIFICATION AGREEMENT,
SECOND SUPPLEMENTAL TRUST AGREEMENT,
SECOND ASSIGNMENT MODIFICATION AGREEMENT AND
CERTIFICATE PURCHASE AGREEMENT IN CONNECTION WITH THE
REFINANCING OF THE JUDICIAL CENTER
AT THE MUNICIPAL CENTER COMPLEX AND THE REFUNDING
OF CERTAIN LEASE PAYMENT OBLIGATIONS OF THE CITY
WHEREAS, the City of Virginia Beach, Virginia (the
"City"), has determined to undertake the refinancing of the City's
Judicial Center at the Municipal Center Complex (the "Project")
through a plan of lease-purchase financing with First Union
Commercial Corporation (the "Leasing Company") and the issuance of
Certificates of Participation, Series of 1993 (the "Series of 1993
Certificates"), in an amount not to exceed $38,000,000, pursuant to
a Trust Agreement dated as of October 1, 1987, as supplemented and
amended (the "Trust Agreement"), which will be sold to Lehman
Brothers, on behalf of itself and a group of underwriters (collec-
tively, the "Underwriters"), for public offering; and
WHEREAS, there have been issued pursuant to the Trust
Agreement $7,080,000 Certificates of Participation, Series of 1987
(the "Series of 1987 Certificates") and $32,070,000 Certificates of
Participation, Series of 1990 (the "Series of 1990 Certificates);
and
WHEREAS, the City has determined to use the proceeds of
the Series of 1993 Certificates, together with other available
funds, for the purpose of refunding all or portion of the Series of
1987 Certificates maturiDg on or after September 1, 1993, and the
Series of 1990 Certificates maturing on or after September 1, 1993;
and
WHEREAS, the Series of 1993 Certificates will represent
direct and proportionate interests of the holders of the Series of
1993 Certificates in lease payments to be made by the City pursuant
to a Real Property Lease Agreement dated as of October 1, 1987, as
supplemented and amended by a First Real Property Lease Modifica-
tion Agreement dated as of September 1, 1990, and a Second Real
Property Lease Modification Agreement dated as of June 1, 1993,
between the Leasing Company and the City (collectively, the "Lease
Agreement"), the amount of which payments will be subject to annual
appropriations by the city Council;
WHEREAS, there has been presented to this meeting drafts
of the following documents (the "Documents"), proposed in connec-
tion with the issuance and sale of the Certificates:
(a) A Second Prime Lease Amendment dated as of June 1,
1993 (the "Second Prime Lease Amendment"), between the City and the
Leasing Company, supplementing and amending the Prime Lease dated
as of October 1, 1987;
(b) A Second Real Property Lease Modification Agreement
dated as of June 1, 1993 between the city and the Leasing Company,
supplementing and amending the Real Property Lease Agreement dated
as of October 1, 1987 (the "Lease Agreement");
(c) A Second Supplemental Trust Agreement dated as of
June 1, 1993 (the "Second Supplemental Trust Agreement"), between
the City, the Leasing Company and Signet Bank, as trustee (the
"Trustee"), supplementing and amending the Trust Agreement dated as
of October 1, 1987 (as previously amended, the "Trust Agreement");
(d) A Second Assignment Modification Agreement dated as
of June 1, 1993 (the "Second Assignment Modification Agreement"),
between the Leasing Company and the Trustee, supplementing and
amending the Assignment Agreement dated as of October 1, 1987;
(e) A Preliminary Offering Statement draft dated May 25,
1993 (the "Preliminary Offering Statement"), with respect to the
Series of 1993 Certificates;
(f) A Certificate Purchase Agreement between the City,
as lessee, First Union Commercial Corporation, as lessor, and
Signet Trust Company, as Trustee, setting forth the terms of the
Series of 1993 Certificates and the terms pursuant to which they
will be sold to the Underwriters (the "Certificate Purchase
Agreement").
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. Sale of Series of 1993 Certificates and Execution of
Documents. The City Manager or Director of Finance, either of whom
may act, is authorized and directed to execute or approve the
Documents, as applicable, and deliver them to the other parties
thereto. In making completions to the Second Lease Modification
Agreement, the officer executing such document shall provide for
payments of Base Rent for the Project, as defined in the Trust
Agreement, in amounts equivalent to the payments on the Series of
1993 Certificates, which shall be sold to the Underwriters on terms
as shall be satisfactory to the City Manager or Director of
Finance, either of whom may act; provided, however, that the
payments of rent shall be equivalent to the Series of 1993
Certificates maturing in installments commencing not later than in
1994 and ending not later than in 2011; having a "true" (Dr "Canadi-
an'' interest cost not exceeding 7.0%; being subject to
optional redemption at a premium not exceeding 3% of their
principal amount; and being sold to the Underwriters at a price not
less than 99% of the principal amount thereof, without taking into
account any original issue discount. In making completions to the
Second Supplemental Trust Agreement, the officer executing such
document shall provide for either a single debt service reserve
fund for all certificates issued under the Trust Agreement or for
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separate debt service reserve fund accounts within such fund to
secure each individual series of certificates issued under the
Trust Agreement as determined by such officer to be in the best
interest of the City. The City Manager or Director of Finance,
either of whom may act, are further authorized to (a) approve a
maturity schedule, including serial maturities and term maturities,
for the Series of 1993 Certificates and (b) determine which
maturities of the Series of 1990 Certificates will be refunded
(such maturities, together with the Series of 1987 Certificates,
the "Refunded Certificates"), as the City Manager or Director of
Finance shall determine to be in the best interest of the City.
Following the sale of the Series of 1993 Certificates, the Director
of Finance shall file a copy of the executed Certificate Purchase
Agreement with the Clerk of the City Council. The actions of the
City Manager or Director of Finance in approving the terms of the
Series of 1993 Certificates shall be conclusive, and no further
action shall be necessary on the part of the City. The City
Manager or the Director of Finance, either of whom may act, are
further authorized to cause the Second Prime Lease Amendment, the
Second Lease Modification Agreement and the Second Assignment
Modification Agreement to be recorded in the Clerk's office of the
Circuit Court of the City of Virginia Beach.
2. Form of Documents. The Documents shall be in substan-
tially the form submitted to this meeting, which are hereby
approved, with such completions, omissions, insertions and changes
as may be approved by the City Manager or Director of Finance,
either of whom may act, in accordance with the provisions of this
Resolution, the execution by such officer to constitute conclusive
evidence of the approval of any such completions, omissions,
insertions and changes.
3. Offering Statement. The Preliminary Offering Statement
in the form presented to this meeting is approved with respect to
the information contained therein pertaining to the City. The
Underwriters are authorized to distribute to prospective purchasers
of the Series of 1993 Certificates the Preliminary Offering State-
ment in form deemed to be "near final," within the meaning of Rule
15c2-12 of the Securities and Exchange Commission (the "Rule"),
with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the City
Manager or Director of Finance. Such distribution shall constitute
conclusive evidence that the City has deemed the Preliminary
Offering Statement to be final as of its date within the meaning of
the Rule. The City Manager or the Director of Finance, either of
whom may act, are authorized and directed to approve such comple-
tions, omissions, insertions and other changes to the Preliminary
Offering Statement that are necessary to reflect the terms of the
sale of the Series of 1993 Certificates, determined as set forth in
paragraph 2, and the details thereof and that are appropriate to
complete it as an Offering Statement in final form (the "Offering
Statement"), and distribution thereof by the Underwriters shall
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constitute conclusive evidence that the City has deemed the
Offering Statement to be final as of its date within the meaning of
the Rule. The Director of Finance is authorized and directed to
arrange for the delivery to the Underwriters of the Series of 1993
Certificates a reasonable number of copies of the final Offering
Statement, within seven business days after the signing of the
Certificate Purchase Agreement by the Underwriters, the Leasing
Company, the Trustee and the City Manager or Director of Finance
for delivery to each potential investor requesting a copy of the
Offering Statement and to each person to whom the Underwriters
initially sell Series of 1993 Certificates.
4. Essentiality of Project and Recommendation of Council.
The Project is hereby declared to be essential to the efficient
operation of the City, and the City anticipates that the Project
will continue to be essential to the operation of the City during
the term of the Lease Agreement. The City Council, while recogniz-
ing that it is not empowered to make any binding commitment to make
appropriations beyond the current fiscal year, hereby states its
intent to make annual appropriations in future fiscal years in
amounts sufficient to make all lease payments attributable to the
Project under the Lease Agreement and hereby recommends that future
City Councils do likewise during the term of the Lease Agreement.
5. Instructions to Trustee to Call Refunded Certificates.
The City Manager or Director of Finance, either of whom may act,
are authorized and directed to give the Trustee irrevocable
instructions to call the Refunded Certificates for redemption.
6. Arbitrage Covenants. Subject to the city's right to non-
appropriation as provided in the Lease Agreement, the City
covenants that it shall not take or omit to take any action the
taking or omission of whfch will cause the Series of 1993 Certifi-
cates to be "arbitrage bonds" within the meaning of Section 148 of
the Internal Revenue Code of 1986, as amended, including regula-
tions issued pursuant thereto (the "Code"), or otherwise cause
interest on the Series of 1993 Certificates to be includable in the
gross income for Federal income tax purposes of the registered
owners thereof under existing law. Without limiting the generality
of the foregoing, the City shall comply with any provision of law
that may require the City at any time to rebate to the United
States any part of the earnings derived from the investment of the
gross proceeds of the Series of 1993 Certificates. The City shall
pay from its legally available general funds any amount required to
be rebated to the United States pursuant to the Code.
7. Non-Arbitrage Certificate and Elections. Such officers
of the City as may be requested are authorized and directed to
execute an appropriate certificate setting forth the expected use
and investment of the proceeds of the Series of 1993 Certificates,
and to make any elections such officers deem desirable regarding
rebate of earnings to the United States, for purposes of complying
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with Section 148 of the Code. Such certificate and elections shall
be in such form as may be requested by special counsel for the
City.
8. Limitation on Private Use. The City covenants that it
shall not permit the proceeds of the Series of 1993 Certificates to
be used in any manner that would result in (a) 5% or more of such
proceeds being used in a trade or business carried on by any person
other than a governmental unit, as provided in Section 141(b) of
the Code, (b) 5% or more of such proceeds being used with respect
to any "output facility" (other than a facility for the furnishing
of water), within the meaning of Section 141(b) (4) of the Code, or
(c) 5% or more of such proceeds being used directly or indirectly
to make or finance loans to any persons other than a governmental
unit, as provided in Section 141(c) of the Code; provided, however,
that if the City receives an opinion of nationally recognized bond
counsel that any such covenants need not be complied with to
prevent the interest on the Series of 1993 Certificates from being
includable in the gross income for Federal income tax purposes of
the registered owners thereof under existing law, the City need not
comply with such covenants.
9. Other Actions. Ail other actions of the officers of the
City in conformity with the purpose and intent of this Resolution
and in furtherance of the issuance and sale of the Series of 1993
Certificates are hereby approved and confirmed. The officers of
the City are hereby authorized and directed to execute and deliver
all certificates and instruments and to take all such further
action as may be considered necessary or desirable in connection
with the execution and delivery of the Documents, the issuance and
sale of the Series of 1993 Certificates, the refinancing of the
Project and the refunding of the Refunded Certificates.
10. Repeal of Conflicting Resolutions. All resolutions or
parts of resolutions in conflict with this Resolution are hereby
repealed.
ll. Effective Date.
immediately.
This Resolution shall take effect
Adopted by the Council of the City of Virginia Beach,
Virginia, this __25_ day of May, 1993.
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CITY OF VIRGINIA BEACH, VIRGINIA
CERTIFICATES OF PARTICIPATION
SERIES OF 1993
Certificate Purchase Aqreement
June , 1993
City of Virginia Beach, Virginia, as Lessee
Municipal Center
Virginia Beach, Virginia 23456
First Union Commercial Corporation, as Leasing Company
First Union Plaza
CORP-9
Charlotte, North Carolina 28288
Signet Trust Company, as Trustee
7 North Eighth Street
Richmond, Virginia 23219
Ladies and Gentlemen:
The undersigned (the "Underwriters") offer to enter into
this Certificate Purchase Agreement (the "Agreement") with the
CITY OF VIRGINIA BEACH, VIRGINIA, as lessee (the "City"), FIRST
UNION COMMERCIAL CORPORATION, Charlotte, North Carolina, as
lessor (the "Leasing Company"), SIGNET TRUST COMPANY, Richmond,
Virginia, as trustee (the "Trustee") for the sale by the City and
the purchase by the Underwriters of $ aggregate
principal amount of the Certificates of Participation, Series of
1993, payable in years and amounts and bearing interest at rates
as set forth in Item 2 of Exhibit A (the "1993 Certificates").
This offer is made subject to acceptance by the City before 5:00
p.m., New York time, on June __, 1993. Upon acceptance, as
evidenced by the signatures below of the City, the Leasing
Company and the Trustee, this Agreement will be in full force and
effect and binding upon all the parties to it. Until accepted,
this offer may be revoked by the Underwriters upon written or
oral notice delivered to the City at any time. The 1993
Certificates are being issued for the purposes and will be
secured as described in the Offering Statement (as defined in
Exhibit A) . Capitalized terms not otherwise defined in this
Agreement have the meanings set forth in Exhibit A (which is
incorporated by reference) and otherwise in the Offering
Statement.
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1. _~SL~h~_.~f~. U'..oon the. terms and conditions anti in
reliance cn the representatior~s set forth tn this A~reement., the
Underwriters agree to purc.~a:~e, anti the City and the Leasing
Company a~ree to direct the Trus:ee. to execute and deliver upon
the direction of the Underwriters, all (but noU l~s~s than ail) of
~he 1993 Cert;.ficates, at the aggregate Purchase Pzice as met
fort.h in Item 1 of Exhibit A (the "Purchase Price"). The
underwriters will receive an aggregate compensation of
$ , consi~t~.ng of (a) the Underwriter~' discount
of __% .~f ~par amo%,nt of the Bonds and (b) an addit~ioE~al
fee equal 5o __~% of the par amounz of the Bonds.
The l.)93 Certificates will be issued pursua.~t to th~; Trust
Agre~ment, with only the chan, g~s~ agreed to by th,_: U.nderwriters
and the City.
2. .]~~_2a_vments~as_LiE~'~ed Obligation of _~:. The
Underwriters acknowledge that the obligation of the City t.~) make
payments under the Lease Agreement constitutes a curz',~nt e)'~pense
of the City, p~yablm from funds of the City legally a',;ailable for
su=h purpoE',es and subject, to annual appropriation. .quch
obli~atior~ doe,~ not constitute a debt of the City within the
meanin~ of any constitutional or statutory limitation and d'.oes
not constitute a liability of or a lien or charge, %~pon the funds
or property of the City beyo~;d the fiscal year for which ~he City
has appropriated funds ~o make such payments.
3. Dcl_l~'y of and ~a_dvuE~D__for Certificat$s. T?le d,~_]ivery
of the 1993 Ce~~tificates (the "Closing") will take pl,~ce in
Norfolk, Virginia, on June ,, 1993, or mt such o~her l~ime mhd
place as ma~ be mutually ag~'~'~.a.ble to the parties to l~his
Agreement. At the Closing, ~he Trustee will deliver the 1993
Certi"-icat,~,~ to, or at th~ dire~c~on ,of the Underwriter~s in
definitivm forw, duly executed, to~e~her with the other documents
required by this Agreement, ac~ainst .~he wire tran~fer to th~
Trustee of clearin9 house funds in the amount of the Purchases
Price,
4. R(~r_E~. ~tat~ions an__d_~a~Lranties ~f Leamln~LE~lE]'.?~t[, 'The
Lea~ing Company makes the following representations
warraEties:
('~) The Leasing Company i~ a corporation,, duly
organized u~nder the laws of ~h~ State of North CaI'oldn~ and t~%
good s~anding u~der the laws o~ the C, ommonwealth of Vi~'ginla.
The Leasin~ Company has al! necessary power and authority to
en~r into and ~:o perform its obligations under tke Documents
which it is a party and ~his Agreement,
(b) The Leasin~ Company's execution and delxvery of,
and th,m performance of its obligations under, the Documents ~o
which .it is a party and this Agree. sent have been duly authorized
and will not conflict with or ¢:o~s~titute a breach of or default
under such documents or any law, administrative regulation, court
decree, resolution, charter, bylaw or other agreement to which
the Leasing Company zs subject or by which it is bound.
5. Representations and Warranties of Trustee. The Trustee
makes the following representations and warranties:
(a) The Trustee is a trust company duly organized and
in good standing under the laws of the Commonwealth of Virginia
and has all the necessary power and authority to enter into and
to perform its obligations under the Documents to which it is a
party, the 1993 Certificates and this Agreement.
(b) The Trustee's execution and delivery of, and the
performance of its obligations under, the Documents to which it
is a party, the 1993 Certificates and this Agreement have been
duly authorized, and will not conflict with, or constitute a
breach of or default under such documents or any law,
administrative regulation, court decree, resolution, charter,
bylaw or other agreement to which the Trustee is subject or by
which it is or may be bound.
6. Representations and Warranties of City. The City makes
the following representations and warranties:
(a) The City is a validly existing political
subdivision of the Commonwealth of Virginia and has all the
necessary power and authority to enter into and perform its
obligations under the Documents to which it is a party, the 1993
Certificates and thzs Agreement.
(b) The City's execution and delivery of, and the
performance of its obligations under, the Documents to which it
is a party and this Agreement, and the issuance of the 1993
Certificates, have been duly authorized and will not conflict
with, or constitute a breach of or default under such documents
or any law, administrative regulation, court decree, resolution,
charter, bylaw or other agreement to which the City is subject or
by which it is bound.
(c) The information contained in the Offering
Statement with respect to the City (including the financial and
other information contained in Appendices A and B) and the
information in "Description of Financing," "Estimated Sources and
Use of Proceeds," and "The Facility" (collectively, the
"Information"), is true and correct and does not contain any
untrue statement of a material fact or omit to state any material
fact necessary to make the statements made therein, in light of
the circumstances under which they are made, not misleading. The
City is not now aware of any fact or circumstance which between
the date of this Agreement and the Closing would result in the
Information not being true and correct or containing any untrue
statement of a material fact or omitting to state any material
fact necessary to make such statements, in light of the
circumstances under which they are made, not misleading.
(d) The City is not now, and since December 31, 1975,
has at no time been, in default as to principal or interest with
respect to payment of any obligation.
7. Offering Statement; Offering by the Underwriters.
(a) Concurrently with acceptance of this Agreement,
the City will deliver to the Underwriters two copies of the
Offering Statement in substantially the form of the Preliminary
Offering Statement dated , 1993 (the "Preliminary
Offering Statement"), marked to include such changes as will have
been accepted by the Underwriters and are necessary or desirable
to reflect the terms of this Agreement and to complete the
document as an Offering Statement in final form (together with
any amendment or supplement thereto, the "Offering Statement")
and to provide sufficient quantities of the Offering Statement to
the Underwriters.
(b) The City will take all actions and provide all
information reasonably requested by the Underwriters to ensure
that the Offering Statement at all times during the initial
offering and distribution of the 1993 Certificates does not
contain any untrue statement of a material fact or omit any
statement or information necessary to make the statements made in
it, in light of the circumstances under which they were made, not
misleading. The City will not amend or supplement, or approve
any amendment or supplement of, the Offering Statement without
the prior written consen~ of the Underwriters; provided, however,
that, if between the date of this Agreement and the date 25 days
after the end of the underwriting period, as defined below, any
event occurs or any fact is disclosed which would cause the
Offering Statement, as then supplemented or amended, to contain
any untrue statement of a material fact or to omit to state a
material fact necessary to make the statements, in the light of
the circumstances under which they were made, not misleading, the
City will promptly notify the Underwriters, and, if, in the
reasonable opinion of the Underwriters, such event or disclosure
requires the preparation and publication of a supplement or
amendment to the Offering Statement, the City will supplement or
amend the Offering Statement in form and manner approved by the
Underwriters. For the purposes of this Agreement, the "end of
the underwriting period" will mean the date 60 days after the
Closing.
(c) The City represents and warrants that (i) it has
deemed the Preliminary Offering Statement final as of its date,
except for information permitted to be omitted under paragraph
(b) (1) of Rule 15c2-12 promulgated by the Securities and Exchange
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Commission (the "Rule") and (ii) the Offering Statement
constitutes as of this date a "final official statement" within
the meaning of paragraph (e) (3) of the Rule.
(d) The Underwriters represent and warrant that they
will offer the 1993 Certificates only pursuant to the Offering
Statement and only in states where the offer and sale of the 1993
Certificates are legal, either as exempt securities, as exempt
transactions or as a result of due registration of the 1993
Certificates for sale in any such state. The Underwriters agree
to make a public offering of the 1993 Certificates at the initial
offering prices set forth in the Offering Statement, but the
Underwriters reserve the right to change such prices as they deem
necessary or desirable in connection with the offering and sale
of the 1993 Certificates and to sell 1993 Certificates to dealers
(including dealers depositing 1993 Certificates into investment
trusts) and others at prices lower than the public offering
prices.
8. Survival of Representations. The representations and
warranties set forth in this Agreement will survive the Closing
and remain operative and in full force and effect regardless of
(a) any investigation made by or on behalf of the Underwriters
and (b) payment for the 1993 Certificates.
9. Conditions to Closing. The Underwriters' obligations
under this Agreement are subject to the satisfaction on the date
of the Closing of the following conditions precedent:
(a) The accuracy on the date of the Closing, as if
made on such date, of all representations and warranties of the
City, the Leasing Compan~ and the Trustee contained in the
Documents and this Agreement, as the case may be;
(b) Performance by the City, the Leasing Company and
the Trustee of their obligations under this Agreement;
(c) There being no material adverse change in the
condition (financial or otherwise) of the City between (i) the
most recent dates as to which information is given in the
Offering Statement and (ii) the date of the Closing; and
(d) Receipt by the Underwriters of executed copies of
the following, in form and substance satisfactory to the
Underwriters:
(i) Each of the Documents.
(ii) A copy of the mortgagee policy of title
insurance on the Leasing Company's leasehold interest
in the Property, issued by a company acceptable to the
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Underwriters and containing only such exceptions to the
title that are acceptable to the Underwriters.
(iii) A non-arbztrage certificate of the City
dated the date of Closing.
(iv) A certificate of the City dated the date of
Closing with respect to the Offering Statement stating
that (A) the Informatzon ~s true and correct and does
not contain any untrue statement of a material fact or
omit to state any material fact necessary to make the
statements made therein, in light of the circumstances
under which they are made, not misleading; and (B)
there has been no material adverse change in the
condition (financial or otherwise) of the City between
the most recent dates as to which Information is given
in the Offering Statement and the date of the Closing,
other than as reflected in or contemplated by the
Offering Statement.
(v) Pursuant to issuance of the Policy (as
defined below), evidence that Moody's Investozs
Service, Inc., has published a rating with respect to
the Certificates of "Aaa" and Standard & Poor's
Corporation has published a rating with respect to the
Certificates of "AAA" and that such ratings are in
effect on the date of Closing.
(vi) The opinion dated the date of Closing of the
City Attorney, substantially in the form of Exhibit B
to this Agreement.
(vii) The opinion dated the date of Closing of
Hunton & Williams, Special Counsel, substantially in
the form attached as Exhibit C to this Agreement.
(viii) The supplemental opinion dated the date of
Closing of Hunton & Williams, Special Counsel,
substantially in the form attached as Exhibit D to this
Agreement.
(ix) The opinion dated the date of Closing of
McGuire, Woods, Battle & Boothe, counsel to the
Underwriters, substantially in the form of Exhibit E to
this Agreement.
(x) The opinion dated the date of Closing of
counsel to the Leasing Company, substantially in the
form of Exhibit F to this Agreement.
(xi) The opinion dated the date of Closing of
counsel to the Trustee, substantially in the form of
Exhibit G to this Agreement.
(xii) The insurance policy (the "Policy") issued
by Financial Guaranty Insurance Company with respect to
the 1993 Certificates.
(xiii) The opinion dated the date of Closing of
Hunton & Williams, Special Counsel, substantially in
the form of Exhibit H to this Agreement.
(xiv) Satisfaction and release in full of the
Deed of Trust dated as of October 1, 1987, between the
Leasing Company and certain individual trustees,
together with any modification or amendment to it.
(xv) Such other certificates, instruments and
opinions as the Underwriters may reasonably deem
necessary or desirable.
10. Termination. The Underwriters may terminate their
obligation to purchase the 1993 Certificates at any time befcre
Closing if any of the following occur:
(a) The City will have a substantial loss by fire,
flood, accident or other calamity or loss of title to the
Property or any part of the Property which, in the reasonable
opinion of the Underwriters, renders it inadvisable to proceed
with the sale of the 1993 Certificates, whether or not such loss
will have been insured;.
(b) Any legislative, executive, regulatory or
administrative action or any court decision, which (i) may have
the effect, directly or indirectly, of making interest on the
1993 Certificates or on obligations such as the 1993 Certificates
to the extent that payments for such certificates are derived
from any state or political subdivision includable in gross
income for purposes of federal income taxation or (ii) in the
reasonable opinion of the Underwriters materially affects the
market price of the 1993 Certificates or the market price
generally of obligations of the general character of the 1993
Certificates;
(c) Any action by the Securities and Exchange
Commission, other governmental agency or a court which would
indicate that the issuance, offer or sale of the Certificates
contravenes any provision of the federal securities laws, or
which would require registration of the 1993 Certificates or any
instrument securing the 1993 Certificates under the Securities
Act of 1933, as amended, or qualification of the Trust Agreement
under the Trust Indenture Act of 1939, as amended;
(d) In the reasonable opinmon of the Underwriters, the
market price of the 1993 Certificates, or the market price
generally of obligations of the general character of the 1993
Certificates, has been adversely affected because of additional
material restrictions on trading in securities not in force as of
the date of this Agreement, or any banking moratormum, or the
inception or escalation of any war or major military hostilities,
or the occurrence of any disaster, national emergency or crisis;
(e) Any event or condition will have occurred or will
exist that in the reasonable opinion of the Underwriters makes
untrue or incorrect, as of the date of Closing, any statement or
information contained in the Offering Statement, including
without limitation its Appendices, or which requires that
information not contained in the Offering Statement should be
contained in it in order to make information contained in it not
misleading in any material respect as of such time;
(f) Any downgrading or withdrawal of any rating of the
1993 Certificates or the rating of any obligations of the City;
(g) The introduction of or enactment by any government
body, department or agency in the Commonwealth of Virginia or the
City of any legislation, ordinance, rule or regulation or a
decision rendered by any court of competent jurisdiction within
the Commonwealth of Virginia which, in the reasonable opinion of
the Underwriters, materially and adversely affects the market
price of the 1993 Certificates.
11. Fees and Expenses. The Underwriters agree to pay their
own costs relating to a~vertising and selling expenses and the
fees and disbursements of their counsel. The City agrees to pay
from the proceeds of the 1993 Certificates or other sources
available to it all other costs incurred in connection with the
financing, including without limitation expenses of the City, the
Leasing Company, the City's Financial Advisors and the Trustee,
the fees and disbursements of their counsel, the cost of printing
or reproducing the Preliminary Offering Statement, the Offering
Statement and the 1993 Certificates, the fees and expenses of The
Depository Trust Company, premiums to the company issuing the
title insurance policy, the Policy premium, or any fees and
expenses related to the rating of the 1993 Certificates and any
fees required for the registration of the 1993 Certificates under
any state securities laws.
12. Notices. Ail communications under this Agreement will
be in writing and will be deemed delivered, if delivered in
person, telegraphed or sent by certified mail, return receipt
requested, to the respective parties as follows:
Underwriters: Lehman Brothers, Inc.
American Express Tower
World Financial Center
New York, New York 10285
ATTENTION: Robert M. Brown, III
Leasing:
Company
First Union Commercial Corporation
First Union Plaza, CORP-9
Charlotte, North Carolina 28288
ATTENTION: Scott Nagelson
Trustee:
Signet Trust Company
7 North Eighth Street
Richmond, Virginia 23219
ATTENTION: Corporate Trust
Administration
City:
City of Virginia Beach, Virginia
Department of Finance
Municipal Center
Virginia Beach, Virginia 23456
ATTENTION: Director of Finance
13. Agreement to Supply Certain Information. The
Underwriters agree to supply to Special Counsel such information
concerning the offering and sale of the 1993 Certificates as is
reasonably requested by it for the purpose of calculating the
"yield" on the 1993 Certificates under Section 148 of the
Internal Revenue Code of 1986, as amended, and any applicable
regulations or rulings.
14. Assiqnment. This Agreement may not be assigned, in
whole or in part, by any party without the prior written consent
of the other parties.
15. Miscellaneous. This Agreement is made solely for the
benefit of each of the parties and their respective successors
and assigns. This Agreement, which includes the Exhibits and any
documents required to be delivered under it, contains the entire
agreement among the parties with respect to the purchase of the
1990 Certificates by the Underwriters, supersedes all prior
arrangements or understandings with respect thereto and may not
be modified except in writing signed by all the parties.
Very truly yours,
LEHMAN BROTHERS, INC.
on behalf of ztself,
[etc.]
By:
Its:
Confirmed and Accepted:
CITY OF VIRGINIA BEACH, VIRGINIA,
as lessee
By:
Its:
FIRST UNION COMMERCIAL CORPORATION,
as lessor
By:
Its:
SIGNET TRUST COMPANY, as Trustee
By:
Its:
-10-
EXHIBIT A
Item
Number
1. Purchase Price of the 1993 Certificates: $
(amount of accrued interest to be added)
2. Description of the 1993 Certificates:
(a) Aggregate principal amount: $
(b) Dated Date: , 1993
(c) Maturity dates, principal amounts, interest rates and
prices:
Maturity Principal Interest Price/
Date Amount Rate Yield
,
(all prices 100% plus accrued interest)
(d) Interest accruing from , 1993, payable
commencing September 1, 1993, and each March 1 and
September 1 thereafter until maturity
The following are collectively referred to in this Agreement
as the "Documents":
(a) Trust Agreement dated as of October 1, 1987, as
supplemented and amended by the First Supplemental
Trust Agreement and the Second Supplemental Trust
Agreement (the "Trust Agreement");
(b) Assignment Agreement dated as of October 1, 1987, as
amended by the First Assignment Modification Agreement
and the Second Assignment Modification Agreement (the
"Assignment Agreement");
(c) Real Property Lease Agreement dated as of October 1,
1987, as amended by the First Lease Modification
Agreement and the Second Lease Modification Agreement
(the "Lease Agreement");
·
(d) Prime Lease dated as of October 1, 1987, as amended by
the First Prime Lease Amendment and the Second Prime
Lease Amendment (the "Prime Lease").
(e) Preliminary Offering Statement dated June __, 1993
("Preliminary Offering Statement"), issued in
connection with the offering of the Certificates;
(f) Offering Statement dated June , 1993 (as amended or
supplemented, "Offering Statement")' issued in
connection with the offering of the Bonds.
The Closing:
Time of Closing: 9:00 A.M.
Closing Date: June , 1993
Trustee: Signet Trust Company
Richmond, Virginia
-2-
EXHIBIT B
[LETTERHEAD OF CITY ATTORNEY]
City of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia 23456-9004
Hunton & Williams
707 East Main Street
Richmond, Virginia 23219
Financial Guaranty Insurance Company
175 Water Street
New York, New York 10038
$ Certificates of Participation
Evidencing Direct and Proportionate Interests of
Owners Thereof in Payments To Be Made by
the City of Virginia Beach, Virginia, under
a Real Property Lease Aqreement
Ladies and Gentlemen:
I am the City Attorney for the City of Virginia Beach,
Virginia (the "City"). In connection with the issuance and sale
of $ Certificates of Participation dated as of
, 1993 (the "Series of 1993 Certificates"), evidencing
direct and proportionate interests in payments to be made by the
City under a Real Property Lease Agreement dated as of October 1,
1987, as supplemented and amended by a First Lease Modification
Agreement dated as of September 1, 1990 and a Second Lease
Modification Agreement dated as of , 1993
(collectively, the "Lease Agreement"), each between the City and
First Union Commercial Corporation (the "Leasing Company"), I
have examined the following:
(i) The Constitution and statutes of the Commonwealth of
Virginia.
(ii) An ordinance adopted by City Council on
1993, awarding the Prime Lease, hereinafter defined, to the
Leasing Company.
(iii) A resolution adopted by City Council on ,
1993, authorizing among other things the execution and delivery
of:
(a) A Second Prime Lease Amendment dated as of
, 1993, supplementing and amending a Prime Lease
dated as of October 1, 1987, as supplemented and amended by
City of Virginia Beach, Virginia
Hunton & Williams
Financial Guaranty Insurance Company
, 1993
Page 2
a First Prime Lease Amendment dated as of September 1, 1990
(collectively, the "Prime Lease"), whereby the City will
lease to the Leasing Company certain real property (the
"Property").
(b) A Second Real Property Lease Modification
Agreement dated as of , 1993, supplementing and
amending a Real Property Lease Agreement dated as of October
1, 1987 as supplemented and amended by a First Real Property
Lease Modification Agreement dated as of September 1, 1990
(collectively, the "Lease Agreement"), whereby the Leasing
Company will lease to the City the Property.
(c) A Second Supplemental Trust Agreement among the
City, the Leasing Company and Signet Trust Company (the
"Trustee") dated as of , 1993, supplementing
and amending a Trust Agreement dated as of October 1, 1987
as supplemented and amended by a First Supplemental Trust
Agreement dated as of September 1, 1990 (collectively, the
"Trust Agreement"), providing for the issuance of the
Certificates representing direct and proportionate interests
in payments to be made by the City under the Lease
Agreement.
[(d) Financing Statements dated the date hereof
perfecting the security interests created by the Deed of
Trust (the "Financing Statements").]
(iv) The Preliminary Offering Statement dated June , 1993,
and the Offering Statement in final form dated June , 1993
(collectively, the "Offering Statement"), with respect to the
offering of the Series of 1993 Certificates.
I have also examined the lenders leasehold title insurance
policy No.
of 199~ as endorsed, bearing an effective date
, in the amount of $
issued by Ticor Title Insurance Company (the "Title Polmcy" ,
relating to the Property.
I have not caused a search to be conducted of the U.C.C.
indices of the Clerk's Office of the Circuit Court of the City or
the State Corporation Commission (the "SCC") .
Capitalized terms not otherwise defined herein have the
meanings set forth in the Trust Agreement.
Based upon and subject to the foregoing and upon such other
information and documents as a I consider necessary for the
purpose of rendering this opinion, I am of the opinion that:
City of Virginia Beach, Virginia
Hunton & Williams
Financial Guaranty Insurance Company
, 1993
Page 3
(a) The City is a duly organized Virginia municipal
corporation and has all necessary power and authority to enter
into and perform the Prime Lease, the Lease Agreement and the
Trust Agreement.
(b) The Prime Lease has been granted in accordance with the
provisions of Sections 15.1-307 through 316 of the Code of
Virginia of 1950, as amended.
(c) The Prime Lease, the Lease Agreement and the Trust
Agreement have been duly authorized, executed and delivered by
the City.
(d) The authorization, execution and delivery of the Prime
Lease, the Lease Agreement and the Trust Agreement and compliance
with the provisions thereof are within the corporate powers of
the Cmty and do not and will not conflict with or constitute a
violation of, breach of, or default under (1) the Charter of the
City, (2) any federal or Virginia constitutional provision or any
other provision of Virginia law, (3) any agreement or other
instrument to which the City is a party or by which the City is
bound, or (4) to the best of my knowledge after due
investigation, any order, rule or regulation of any court or
governmental agency or body having jurisdmctlon over the city or
any of its propertzes.
(e) There is no l~tigation at law or in equity or any
proceeding before any governmental agency pending or, to the best
of my knowledge after due investigation, threatened with respect
to (1) the organization or existence of the City, (2) the City's
power to make Base Payments, as defined in the Lease Agreement,
(3) its authority to execute and deliver the Prime Lease, the
Lease Agreement and the Trust Agreement, (4) the validity or
enforceability of any of such instruments or the transactions
contemplated thereby, (5) the title of the officers who executed
such instruments, or (6) any authority or proceedings relating to
the execution and delivery of any of such instruments by the
City.
(f) To the best of my knowledge after due investigation,
the City is not a party to any contract or agreement or subject
to any charter or other restrictions not disclosed in the
Offering Statement (including the financial statements
constituting a part thereof), the performance or breach of which
has or may have a material adverse effect upon the financial
condition or operations of the City.
(g) To the best of my knowledge after due investigation,
information contained in the section of the Offering Statement
City of Virginia Beach, Virginia
Hunton & Williams
Financial Guaranty Insurance Company
, 1993
Page 4
entitled "Litigation" and the statements and information
contained in Appendix A to the Offering Statement exclusive of
financzal information contained therein are true and correct and
do not contain any untrue statement of a materzal fact and do not
omit to state any material fact necessary to make the statements
therein, in light of the circumstances under which they were
made, not misleading.
[(h) The Deed of Trust creates a lien on the Property, other
than the Equipment, hereinafter defined, free and clear of all
prior liens and encumbrances except those shown on Schedule B,
Part I to the Title Policy.]
[(i) The Deed of Trust has been duly recorded in the Clerk's
Office.]
[(j) A financing statement showing the Leasing Company as
debtor, with respect to the security interest created in favor of
Walter F. Witt, Jr. and Patrick J. Milmoe, as trustees, in any
furnishings and equipment and substitutions and replacements
therefor acquired by the Leasing Company and located on the
Property (collectively, the "Equipment"), has been filed in the
Clerk's Office and, pursuant to Section 8.9-403(4) of the Uniform
Commercial Code of Virginia (the "UCC"), I have requested that it
be indexed in the Clerk's Office against the Leasing Company,
together with a notatioq that such financing affects real estate.
A financing statement showing the Leasing Company, as debtor,
with respect to the Equipment has also been mailed to the SCC for
filing.]
[(k) The Deed of Trust and filings referred to in the
preceding paragraph, when filed, create a perfected security
interest in the Equipment.]
Very truly yours,
Leslie L. Lilley
City Attorney for the City of
Virginia Beach, Virginia
EXHIBIT C
[LETTERHEAD OF SPECIAL COUNSEL]
[SPECIAL COUNSEL OPINION TO BE PROVIDED BY SPECIAL COUNSEL]
EXHIBIT D
, 1993
Lehman Brothers, Inc.
c/o Lehman Brothers, Inc.
American Express Tower
World Financial Center
New York, New York 10285
$ Certificates of Participation
Evidencing Direct and Proportionate Interests of
Owners Thereof in Payments To Be Made by
the City of Virginia Beach, Virginia, under
a Real Property Lease Aqreement
Ladies and Gentlemen:
Reference is made to our opinion delivered today as special
counsel in connection with your purchase of $
Certificates of Participation, Series of 1993 (the "1993
Certificates") dated as of , 1993, evidencing direct
and proportionate interests of owners in payments to be made by
the City of Virginia Beach, Virginia (the "City") under a Real
Property Lease Agreement dated as of October 1, 1987, as amended
by a First Real Propert~ Lease Modification Agreement and a
Second Real Property Lease Modification Agreement. We hereby
advise you that we now deliver such opinion for your benefit, as
well as for the benefit of the City, and you are entitled to rely
upon such opinion as if it were addressed to you.
At your request, we have undertaken a review of certain
matters pertaining to the 1993 Certificates. We have also
reviewed (i) a Certificate Purchase Agreement dated June ,
1993 (the "Certificate Purchase Agreement") among you, the City,
as Lessee, First Union Commercial Corporation, as Lessor, and
Signet Trust Company, as Trustee, setting forth the terms of the
1993 Certificates and the terms pursuant to which they will be
sold to you and (ii) certain sections of the Offering Statement
dated June , 1993, issued in connection with the offering and
sale of the 1993 Certificates (the "Offering Statement"), as well
as such agreements, instruments, opinions, certificates and other
documents as we deem necessary for purposes of the advice
contained in this letter. We have not verified and are not
passing upon, and we do not assume any responsibility for, the
accuracy or completeness of the statements contained in the
Offering Statement, except as indicated below.
On the basis of the foregoing, we advise you that:
Lehman Brothers, Inc.
, 1993
Page 2
1. In our opinion, the Certificate Purchase Agreement has
been duly authorized, executed and delivered by the City and,
assuming the due authorization, execution and delivery thereof by
the other parties thereto, constitutes a valid and legally
binding obligation of the City, and is enforceable against the
City in accordance with its terms, except as enforceability
thereof may be limited or otherwise affected by bankruptcy,
insolvency, reorganization, moratorium or other laws affecting
the rights of creditors generally, and by principles of equity,
whether considered at law or in equity.
2. The statements in the Offering Statement in the
sections entitled "Description of Financing," "The 1993
Certificates," "Security for Certificates," "Investment
Considerations," "Certificate Holders' Remedies in Event of
Default," "Tax Exemption," "The Prime Lease," "The Deed of
Trust," "The Lease Agreement," "The Assignment Agreement," and
"The Trust Agreement" fairly summarize the material provisions of
the 1993 Certificates and the documents, statutes and opinions
referred to therein. As executed, our opinion as special
counsel, described above, is in substantially the form set forth
in Exhibit C to the Offering Statement.
We are furnishing this letter solely for your benefit. It
is not to be relied on by any other person or firm without our
written consent.
Very truly yours,
EXHIBIT E
, 1990
Lehman Brothers, Inc.
c/o Lehman Brothers, Inc.
New York, New York
$
City of Virginia Beach, Virginia
Certificates of Participation
Series of 1993
Ladies and Gentlemen:
We have acted as your counsel in connection with your
purchase and offering of $ Certificates of
Participation, Series of 1993 (the "Certificates") pursuant to
the Certificate Purchase Agreement dated , 1993 (the
"Certificate Purchase Agreement"), among you, Signet Trust
Company, as trustee (the "Trustee") , First Union Commercial
Corporation, Charlotte, North Carolina (the "Leasing Company")
and the City of Virginia Beach, Virginia (the "City"). The
Certificates are being issued pursuant to (i) the Trust Agreement
dated as of October 1, 1987, as amended (the "Trust Agreement"),
among the City, the Leasing Company and the Trustee and (ii) the
Real Property Lease Agreement dated as of October 1, 1987, as
amended (the "Lease Agreement"), between the City and the Leasing
Company. All capitalized terms not otherwise defined in this
opinion have the meanings set forth in the Certificate Purchase
Agreement.
In connection with our opinion, we have examined the
Offering Statement, the law and such proceedings and instruments
as we deem necessary to render this opinion.
As to questions of fact material to our opinion, without
undertaking to verify them by independent investigation, we have
relied upon representations of the City, the Leasing Company and
the Trustee in the Certificate Purchase Agreement, the Trust
Agreement and the Lease Agreement, the certified proceedings of
the City, the certified corporate proceedings of the Leasing
Lehman Brothers, Inc.
, 1993
Page 2
Company and the Trustee, and certifications by the officers and
representatives of the City, the Leasing Company and the Trustee.
We have assumed the authenticity of all documents submitted
to us as originals, the conformity to original documents of all
submitted to us as certified or photostatic copies and
authenticity of the originals of such latter documents.
Based upon, and subject to, the foregoing, it is our opinion
that:
1. The Certificate Purchase Agreement has been duly
authorized, executed and delivered by you and, assuming due
authorization, execution and delivery by the City, the Leasing
Company and the Trustee, constitutes your valid and binding
agreement, enforceable against you in accordance with its terms.
2. The offering, sale and delivery of the Certificates do
not require registration of the Certificates or any separate
security represented by the Certificates under the Securities Act
of 1933, as amended (the "1933 Act"). The Trust Agreement is not
required to be qualified as an indenture pursuant to the Trust
Indenture Act of 1939,as amended.
The enforceability of the Certificate Purchase Agreement is
subject to the provision of applicable bankruptcy, insolvency,
reorganization, moratorium and similar laws, now or hezeafter in
effect, relating to or ~ffecting the enforcement of creditor's
rights. Such obligations are also subject to usual equitable
principles which may limit specific enforcement of certain
remedies.
As your counsel, we have rendered legal advice and
assistance to you in the preparation of the Offering Statement.
Rendering such assistance involved, among other things,
discussions and inquiries concerning various legal and related
subjects, reviews of responses to such inquiries, and reviews of
certain City, Leasing Company and Trustee records, documents and
proceedings. We have also held telephone conversations with and
participated in discussions, conversations and conferences with
(i) your representatives, (ii) officers and representatives of
the City and its counsel, (iii) officers and representatives of
the Leasing Company and its counsel and (iv) officers and
representatives of the Trustee and its counsel. In the course of
such correspondence, discussions, conversations and conferences,
the contents of portions of the Offering Statement and related
matters were discussed and revised. We have also reviewed the
opinions of Special Counsel, counsel to the City, counsel to the
Leasing Company and counsel to the Trustee.
Lehman Brothers, Inc.
, 1993
Page 3
On the basis of the information which was developed in the
course of rendering the legal advice and assistance referred to
above, but without having undertaken to determine independently
the accuracy or completeness of the statements contained in the
Offering Statement, nothing has come to our attentzon that would
lead us to believe that the Offering Statement (except for the
financial statements and other financial and statzstical data
included in or attached to the Offering Statement, as to which no
view is expressed) contains an untrue statement of a material
fact or omits to state a material fact required to be stated in
it or necessary to make the statements in it, in light of the
circumstances under which they were made, not misleading.
The limitations inherent in the independent verification of
factual matters and the character of determinations involved in
the preparation of the Offering Statement are such, however, that
we do not assume any responsibility for the accuracy,
completeness or fairness of the statements contained in the
Offering Statement, except as expressly set forth in this
opinion.
We do not express any opinion or belief as to the financial
statements or other financial and statistical information
included in the Offering Statement, including without limitation
the mnformatzon contained in Appendix A and Appendix B to the
Offering Statement. This letter is furnished by us to meet the
requirements of the Certificate Purchase Agreement and is
furnished solely for your benefit.
Very truly yours,
EXHIBIT F
[Letterhead of Counsel to Leasing Company]
, 1993
Lehman Brothers, Inc.
New York, New York
Hunton & Williams
Richmond, Virginia
McGuire, Woods, Battle & Boothe
Richmond, Virginia
Mayor and Council
City of Virginia Beach, Virginia
Virginia Beach, Virginia
Signet Trust Company,
as Trustee
Richmond, Virginia
City of Virginia Beach, Virginia
$
Certificates of Participation
Series of 1993
Ladies and Gentlemen:
I have served as counsel to First Union Commercial
Corporation, Charlotte, ~orth Carolina (the "Leasing Company")
in connection with the issuance of the Certificates of
Participation, Series of 1993 (the "1993 Certificates") pursuant
to (i) the Trust Agreement dated as of October 1, 1987, among the
Leasing Company, Signet Trust Company, as trustee (the "Trustee")
and the City of Virginia Beach, Virginia (the "City"), as
supplemented and amended (the "Trust Agreement"); and (ii) the
Real Property Lease Agreement dated as of October 1, 1987,
between the Leasing Company, as lessor, and the City, as lessee,
as amended (the "Lease Agreement"). The 1993 Certificates are
being issued to refinance the 1987 Certifmcates and [a portion
of] the 1990 Certificates, which were used to acquire and
construct certain Property as part of the City's municipal
complex. The 1997 Certificates, the 1990 Certificates and the
1993 Certificates are referred to collectively as the
"Certificates." Capitalized terms not otherwzse defzned will
have the meaning set forth in the Trust Agreement, unless the
context clearly requires otherwise.
The City has entered into a Prime Lease dated as of October
1, 1987, with the Leasing Company, as amended (the "Prime
Lease"), whereby the City has leased the Property to the Leasing
Company. The Leasing Company has also entered into an Assignment
Agreement dated as of October 1, 1987, with the Trustee, as
Lehman Brothers, Inc.
, 1993
Page 2
amended (the "Assignment Agreement"), whereby the Leasing Company
has assigned to the Trustee for the benefit of the Certificate
holders the rights of the Leasing Company under the Lease
Agreement, including rental payments to be made by the City.
In connection with our opinion, we have reviewed, among
other things, articles of incorporation and the by-laws of the
Leasing Company, the Lease Agreement, the Trust Agreement, the
Prime Lease, the Deed of Trust and the Assignment Agreement
(collectively, the "Certificate Documents"), the Certificates and
the Certificate Purchase Agreement dated June , 1993 (the
"Certificate Purchase Agreement"), among the Leasing Company, the
Trustee, the City and the Underwriters (as defined in the
Certificate Purchase Agreement) and such additional documents,
certificates and instruments related thereto, as we deem
necessary in rendering the opinions contained herein.
We have assumed that all signatures on documents and
instruments examined by us are genuine, all documents submitted
to us as originals are authentic and all documents submitted to
us as copies conform to the originals. In addition, we have
assumed, without independent investigation or verification, the
due authorization, execution and delivery of the documents,
instruments and agreements by all parties thereto other than the
Leasing Company. We have made such independent investigations as
we have deemed necessary or appropriate in order to render the
opinions contained herein.
Based on the foregoing, it is our opinion that:
1. The Leasing Company is duly organized, validly existing
and in good standing under the laws of North Carolina and has
full power and authority to own its properties and to operate its
business as now conducted and to conduct business in Virginia as
a foreign corporation.
2. The Leasing Company has full power and authority to
enter into, execute, deliver and perform its obligations under
the Certificate Documents, the Certificate Purchase Agreement and
the Certificates.
3. The Certificate Documents, the Certificate Purchase
Agreement and the Certificates have been duly authorized, and the
Certificate Documents and the Certificate Purchase Agreement have
been duly executed and delivered by the Leasing Company and,
subject to paragraph 4 below, are valid and legally binding
obligations of the Leasing Company, enforceable in accordance
with their terms.
4. The enforceability of the obligations of the Leasing
Company under the Certificate Documents, the Certificate Purchase
Agreement and the Certificates is subject to the provisions of
applicable bankruptcy, insolvency, reorganization, moratorium and
Lehman Brothers, Inc.
, 1993
Page 3
similar laws, now or hereafter in effect, relating to or
affecting the enforcement of creditors' rights generally. Such
obligations are also subject to usual equitable principles which
may limit the specific enforcement of certain remedies but which
do not affect the validity of such documents. Certain indemnity
provisions of the Certificate Documents and the Certificate
Purchase Agreement may be unenforceable pursuant to court
deczsions invalidatzng such indemnity agreements on grounds of
public policy.
5. The execution and delivery by the Leasing Company of
the Certificate Documents, the Certificate Purchase Agreement and
the Documents and the performance by the Leasing Company of its
obligations under them do not and will not conflict with, or
constitute a breach or result in a violation of (a) the articles
of incorporation or by-laws of the Leasing Company, (b) any
constitutional or statutory provision, (c) to the best of my
knowledge after due investigation, any agreement or other
instrument to which the Leasing Company is a party or by which it
is bound, or (d) to the best of my knowledge after due
investzgation, any order, rule, regulation, decree or ordinance
of any court, government or governmental authority having
jurisdiction over the Leasing Company or its property.
6. To the best of my knowledge after due investigation,
there is no litigation at law or in equity or any proceeding
before any governmental agency involving the Leasing Company
pending or threatened in which any liabilzty of the Leasing
Company is not adequately covered by insurance or in which any
judgment or order would,have a material adverse effect upon the
business or assets of the Leasing Company or which would affect
the Leasing Company's existence or authority to do business, the
acquisition of the Property, the validity of the Certificate
Documents or the performance of the Leasing Company's obligations
under them.
Very truly yours,
EXHIBIT G
[Letterhead of Counsel to Trustee]
October , 1990
Lehman Brothers, Inc.
New York, New York
Hunton & Williams
Richmond, Virginia
McGuire, Woods, Battle & Boothe
Richmond, Virginia
Mayor and Council
City of Virginia Beach, Virginia
Virginia Beach, Virginia
Signet Trust Company,
as Trustee
Richmond, Virginia
City of Virginia Beach, Virginia
$
Certificates of Participation
Series of 1990
Ladies and Gentlemen:
We have served as counsel to Signet Trust Company, as
trustee (the "Trustee") in connection with the issuance of the
Certificates of Participation, Series of 1993 (the "Series of
1993 Certificates") pursuant to (i) the Trust Agreement dated as
of October 1, 1987, among First Union Commercial Corporation,
Charlotte, North Carolina (the "Leasing Company"), the Trustee
and the City of Virginia Beach, Virginia (the "City"), as amended
(the "Trust Agreement"); and (ii) the Real Property Lease
Agreement dated as of October 1, 1987, between the Leasing
Company, as lessor, and the City, as lessee, as amended (the
"Lease Agreement"). The 1993 Certificates are being issued to
refinance the 1987 Certificates and [a portion of] the 1990
Certificates, which were used to acquire and construct the
Property as part of the City's municipal complex. The 1987
Certificates, the 1990 Certificates and the 1993 Certificates are
referred to collectively as the "Certificates." Capitalized
terms not otherwise defined will have the meaning set forth in
the Trust Agreement, unless the context clearly requires
otherwise.
The Leasing Company has entered into an Assignment Agreement
dated as of October 1, 1987, with the Trustee, as amended (the
"Assignment Agreement"), whereby the Leasing Company has assigned
to the Trustee for the benefit of the Certificate holders the
rights of the Leasing Company under the Lease Agreement,
including rental payments to be made by the City.
Lehman Brothers, Inc.
, 1993
Page 2
In connection with our opinion, we have reviewed, among
other things, the laws of the Commonwealth of Virginia, articles
of incorporation and the by-laws of the Trustee, the Lease
Agreement, the Trust Agreement, the Deed of Trust and the
Assignment Agreement (collectively, the "Certificate Documents"),
the Certificates and the Certificate Purchase Agreement dated
, 1993 (the "Certificate Purchase Agreement"), among
the Leasing Company, the Trustee, the City and the Underwriters
(as defined in the Certificate Purchase Agreement) and such
additional documents, certificates and instruments related
thereto, as we deem necessary in rendering the opinions contained
herein.
We have assumed that all signatures on documents and
instruments examined by us are genuine, all documents submitted
to us as originals are authentic and all documents submitted to
us as copies conform to the originals. In addition, we have
assumed, without independent investigation or verification, the
due authorization, execution and delivery of the documents,
instruments and agreements by all parties thereto other than ~he
Trustee. We have made such independent investigations as we ~ave
deemed necessary or appropriate in order to render the opinicns
contained herein.
Based on the foregoing, it is our opinion that:
1o The Trustee is duly organized, validly existing and in
good standing as a trust company under the laws of the
Commonwealth of Virginia, with full power and authority to
conduct its business as now conducted.
2. The Trustee has full power and authority to enter into,
execute, deliver and perform its obligations under the
Certificate Documents, the Certificate Purchase Agreement and the
Certificates and to accept the trust created by the Trust
Agreement.
3. The Certificate Documents and the Certificate Purchase
Agreement have been duly authorized, executed and delivered by
the Trustee, and the Certificates have been duly executed and
delivered (and such execution and delivery has been authorized)
by the Trustee pursuant to the terms of the Trust Agreement.
Very truly yours,
Lehman Brothers, Inc.
, 1993
Page 3
EXHIBIT H
[LETTERHEAD OF SPECIAL COUNSEL]
[Bankruptcy Opinion to be provided by Special Counsel]
VAB \VAB102 CPA
T:\VAB\93COPS\2NDPRIME.2
5/18/93 4:01 p.m.
SECOND PRIME LEASE AMENDMENT
THIS SECOND PRIME LEASE AMENDMENT, dated as of June 1, 1993,
between the CITY OF VIRGINIA BEACH, VIRGINIA, a Virginia municipal
corporation (the "City"), as lessor, and FIRST UNION COMMERCIAL
CORPORATION, a North Carolina corporation (the "Leasing Company"),
as lessee;
W I T N E S S E T H:
WHEREAS, the Leasing Company and the City have entered into a
Prime Lease dated as of October 1, 1987 (the "Initial Prime
Lease"), whereby the Leasing Company acquired a leasehold interest
in certain real property owned by the City (the "Original Proper-
ty''), and a First Prime Lease Amendment dated as of September 1,
1990 (the "First Amendment," together with the Initial Prime Lease,
the "Prime Lease"), whereby the Leasing Company acquired a
leasehold interest in certain additional real property owned by the
City (the "Adjacent Property," together with the Original Property,
the "Property"); and
WHEREAS, the Section 7 of the Initial Prime Lease provides
that the Prime Lease may be amended to include under the terms of
the Prime Lease any of the real property described on Exhibit B to
the Initial Prime Lease, and the Leasing Company and the City
desire to include under the terms of the Prime Lease certain of the
real property described on such Exhibit; and
WHEREAS, the City ~as vacated a public street that it now
desires to include under the terms of the Prime Lease; and
WHEREAS, the Prime Lease provides that in the event that the
Series of 1987 Certificates, as defined in the Trust Agreement,
defined in the Initial Prime Lease, are no longer outstanding,
portions of the Property may be released from the Prime Lease so
long as no improvements have been placed thereon that have been
financed by the issuance of Additional Certificates, as defined in
the Trust Agreement; and
WHEREAS, simultaneously with the execution of this Second
Prime Lease Amendment, the City is providing for the refunding of
all outstanding Series of 1987 Certificates by the issuance of
$ Certificates of Participation, Series of 1993 so that such
Certificates will be deemed, pursuant to Section 1302 of the Trust
Agreement, to no longer be Outstanding, as defined in the Trust
Agreement, and accordingly, the City and the Leasing Agent desire
to release certain portions of the Property upon which no improve-
ments have been placed that have been financed by the issuance of
Additional Certificates; and
WHEREAS, the Leasing Company and the City desire to amend the
Prime Lease to release from its terms certain portions of the
Property;
NOW, THEREFORE, for and in consideration of the mutual
covenants hereinafter contained and other valuable consideration,
the parties hereto covenant and agree as follows:
ARTICLE I
Amendment to Exhibit A of Initial Prime Lease
Section 101. Amendment to Exhibit A of Initial Prime Lease.
Exhibit A of the Initial Prime Lease is amended and restated as set
forth on Exhibit A hereto.
ARTICLE II
Miscellaneous
Section 201. Severability. If any provision of this Second
Prime Lease Amendment shall be held invalid by any court of
competent jurisdiction, such holding shall not invalidate any other
provision hereof.
Section 202. Successors and Assigns. This Second Prime Lease
Amendment shall be binding upon, inure to the benefit of and be
enforceable by the parties and their respective successors and
assigns.
Section 303. ADDlicable Law. This Second Prime Lease
Amendment shall be governed by the laws of the Commonwealth of
Virginia.
Section 304. Counterparts. This Second Prime Lease Amendment
may be executed in any number of counterparts, each of which shall
be deemed to be an original and all of which together shall
constitute but one and the same Lease.
Section 305. Ratification and Confirmation. Except for the
amendments thereto described herein, all provisions of the Prime
Lease are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties have caused this Second Prime
Lease Amendment to be duly executed as of the date first above
written.
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
FIRST UNION COMMERCIAL CORPORATION
By
Its
-3-
COMMONWEALTH OF VIRGINIA )
)
)
The foregoing instrument was acknowledged before me in
, Virginia, this day of , 1993, by
James K. Spore, City Manager of the City of Virginia Beach,
Virginia.
My commission expires:
Notary Public
-4-
COMMONWEALTH OF VIRGINIA
The foregoing instrument was acknowledged before me in
, Virginia, this day of , 1993, by
, , of First Union Commercial
Corporation.
My commission expires:
Notary Public
-5-
EXHIBIT A
[Property Descriptions]
-6-
RI-PF
T: \VAB\93COPS\2NDLEASE. 2
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SECOND REAL PROPERTY LEASE MODIFICATION AGREEMENT
between
FIRST UNION COMMERCIAL CORPORATION
and
CITY OF VIRGINIA BEACH, VIRGINIA
Dated as of June 1, 1993
TABLE OF CONTENTS
Page
Parties ........................ 1
Recitals ........................ 1
Granting Clause .................... 1
ARTICLE I
Definitions
Section 101. Definitions ............... 1
ARTICLE II
Refunding of Refunded Certificates
Section 201. Refunding of Refunded Certificates .... 2
ARTICLE III
Debt Service Reserve Fund
Section 301. Deposit to [Series 1993] Debt Service
Reserve [Fund] [Account] ........ 3
ARTICLE IV
Amendments to Lease Agreement
Section 401. [Amendment to Section 1.1 of the Initial
Lease Agreement] ............ 3
[Section 402. Amendment to Section 4.5 of the Initial
Lease Agreement ............. 3
Section 403.] Amendment to Exhibit A of the Initial
Lease Agreement ............. 3
Section 404. Amendment to Exhibit C of the Initial
Lease Agreement ............. 4
ARTICLE V
Miscellaneous
Section 501. Notices ................. 4
Section 502. Severability ............... 4
Section 503. Successors and Assigns .......... 4
Section 504. Applicable Law .............. 4
Section 505. Counterparts ............... 4
Section 506. Entire Agreement ............. 5
Section 507. Ratification and Confirmation ...... 5
Testimonium ...................... 5
Signatures ....................... 5
THIS SECOND REAL PROPERTY LEASE MODIFICATION AGREEMENT, dated
as of June 1, 1993, between FIRST UNION COMMERCIAL CORPORATION, a
North Carolina corporation (the "Leasing Company"), and the CITY OF
VIRGINIA BEACH, VIRGINIA, a Virginia municipal corporation (the
"City");
WI TNES SETH :
WHEREAS, the City and the Leasing Company have entered into a
Real Property Lease Agreement (the "Initial Lease Agreement") dated
as of October 1, 1987, whereby the Leasing Company agreed to lease
certain real property (the "Original Property") to the City, and
the City agreed to lease the same from the Leasing Company and a
First Real Property Lease Modification Agreement dated as of
September 1, 1990 (the "First Lease Modification Agreement,"
together with the Initial Lease Agreement, the "Amended Lease
Agreement"), whereby the Leasing Company agreed to lease certain
other real property (the "Adjacent Property," together with the
Original Property, the "Amended Property") to the City and the City
agreed to lease the same from the Leasing Company; and
WHEREAS, Additional Certificates are being issued pursuant to
the provisions of Articles IV and XIII of the Initial Trust
Agreement, as hereinafter defined, in order to refund the Series of
1987 Certificates, as defined in the Amended Lease Agreement,
maturing on or after September 1, 1993, and the Series of 1993
Certificates, as defined in the Amended Lease Agreement, maturing
on or after September 1, (together, the "Refunded Certifi-
cates''); and
WHEREAS, pursuant to Section 8.3 of the Initial Lease
Agreement, modification .agreements may be entered into by the
Leasing Company and the City in the event Additional Certificates
are issued; and
WHEREAS, the Leasing Company and the City now desire to modify
the Amended Lease Agreement as set forth herein pursuant to Section
8.3 of the Initial Lease Agreement;
NOW THEREFORE, for and in consideration of the foregoing, and
for other good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the Leasing Company and the City
agree as follows:
ARTICLE I
Definitions
Section 101. Definitions. Except as otherwise defined
herein, terms defined in the Amended Lease Agreement are used in
this Second Lease Modification Agreement with the meanings assigned
to them in the Amended Lease Agreement. In addition, the following
terms shall have the following meanings in this Second Lease
Modification Agreement.
"Initial Trust Agreement" shall mean the Trust Agreement dated
as of October 1, 1987, between the City, the Leasing Company and
the Trustee.
"Lease Agreement" shall mean the Initial Lease Agreement as
supplemented and amended by the First Lease Modification Agreement
and this Second Lease Modification Agreement.
"Prime Lease" shall mean the Prime Lease dated as of October
1, 1987, between the City and the Leasing Company, as supplemented
and amended by the First Prime Lease Amendment dated as of
September 1, 1990, and a Second Prime Lease Amendment dated as of
June 1, 1993.
"Second Lease Modification Agreement" shall mean this Second
Real Property Lease Modification Agreement dated as of June 1,
1993, between the City and the Leasing Company.
"Second Supplemental Trust Agreement" shall mean the Second
Supplemental Trust Agreement dated as of June 1, 1993, supplement-
ing and amending the Initial Trust Agreement, pursuant to which the
Series of 1993 Certificates are issued.
"Series of 1993 Certificates" shall mean the Additional
Certificates dated June 1, 1993, in the aggregate principal amount
of $ issued pursuant to the Trust Agreement.
"Series of 1993 Certificate Holders" shall mean registered
owners of the Series of 1993 Certificates.
["Series of 1993 Certificates Insurance Policy" shall mean the
certificate insurance policy issued by the Series of 1993 Certifi-
cates Insurer insuring the payment when due of the principal of and
interest on the Series of 1993 Certificates.
"Series of 1993 Certificates Insurer" shall mean Financial
Guaranty Insurance Company.]
"Trust Agreement" shall mean the Initial Trust Agreement, as
amended or supplemented from time to time.
ARTICLE II
Refunding of Refunded Certificates
Section 201. Refunding of Refunded Certificates. In order to
effectuate the purposes of this Second Lease Modification Agree-
ment, the City, as agent for the Leasing Company, shall make,
execute, acknowledge and deliver, or cause to be made, executed,
acknowledged and delivered, all contracts, orders, receipts,
writings and instructions, in the name of the City or otherwise,
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with or to other persons, firms or corporations, and in general do
or cause to be done all such other things as may be requisite or
proper for the completion of the refunding of the Refunded
Certificates and the fulfillment of the obligations of the City
under the Lease Agreement.
ARTICLE III
Debt Service Reserve Fund
Section 301. Deposit to [Series 1993] Debt Service Reserve
[Fund] [Account]. There shall be delivered to the Trustee from the
proceeds of the sale of the Series of 1993 Certificates [and other
available funds of the City] the sum of $ for deposit
in the [Series 1993] Debt Service Reserve [Account in the Debt
Service Reserve] Fund. [The Leasing Company and the City agree
that upon such delivery and deposit, the Series 1993 Debt Service
Reserve Account, established pursuant to the Second Supplemental
Trust Agreement, shall contain the amount of the Series 1993 Debt
Service Reserve Requirement, as defined in the Second Supplemental
Trust Agreement.] [The Leasing Company and the City agree that upon
such delivery and deposit, the Debt Service Reserve Fund, estab-
lished pursuant to the Trust Agreement, shall contain the Debt
Service Reserve Requirement, as defined in the Trust Agreement.]
ARTICLE IV
Amendments to Lease Agreement
Section 401. [Amendment to Section 1.1 of the Initial Lease
Agreement. (a) Section. 1.1 of the Initial Lease Agreement is
hereby amended to add the following definitions:
"Series 1993 Debt Service Reserve Account" shall
mean the Series 1993 Debt Service Reserve Account
established pursuant to Section 801 of the Initial Trust
Agreement to secure the Series of 1993 Certificates.]
[Section 402. Amendment to Section 4.5 of the Initial Lease
Agreement. Section 4.5 of the Initial Lease Agreement is amended
to read as set forth in the Initial Lease Agreement, and all
provisions of Section 406 of the First Real Property Lease
Modification Agreement are hereby repealed.
Section 403.] Amendment to Exhibit A of the Initial Lease
Agreement. Exhibit A to the Lease Agreement is amended to read as
Exhibit A hereto. Such Exhibit A contains, among other property,
all portions of the Property containing improvements financed with
the Series of 1990 Certificates.
Section 404. Amendment to Exhibit C of the Initial Lease
Agreement. Exhibit C to the Lease Agreement is hereby amended to
read as Exhibit C hereto.
ARTICLE V
Miscellaneous
Section 501. Notices. Unless otherwise provided herein, all
demands, notices, approvals, consents, requests, opinions and other
communications hereunder shall be in writing and shall be deemed to
have been given when delivered in person or mailed by first class
registered or certified mail, postage prepaid, addressed (a) if to
the City, at Municipal Center, Virginia Beach, Virginia 23456
(Attention: Director of Finance), (b) if to the Leasing Company,
at 301 South College Street, Charlotte, North Carolina 28288-0602
(Attention: Stephen M. Johns), (c) if to the Trustee, at 7 North
Eighth Street, Richmond, Virginia 23219 (Attention: Corporate
Trust Administration), [and (d) if to the Series of 1993 Certifi-
cates Insurer, at 175 Water Street, New York, New York 10038
(Attention: General Counsel)]. The City, the Leasing Company, the
Trustee [and the Series of 1993 Certificates Insurer] may, by
notice given hereunder, designate any further or different address
to which subsequent demands, notices, approvals, consents,
requests, opinions or other communications shall be sent or persons
to whose attention the same shall be directed.
Section 502. Severability. If any provision of this Second
Lease Modification Agreement shall be held invalid by any court of
competent jurisdiction, such holding shall not invalidate any other
provision hereof.
Section 503. SucCessors and Assigns. This Second Lease
Modification Agreement shall be binding upon, inure to the benefit
of and be enforceable by the parties and their respective succes-
sors and assigns.
Section 504. Applicable Law. This Second Lease Modification
Agreement shall be governed by the laws of the Commonwealth of
Virginia.
Section 505. Counterparts. This Second Lease Modification
Agreement may be executed in any number of counterparts, each of
which shall be an original, and all of which together shall
constitute but one and the same Agreement; except that as to
delivery of the original executed copy of this Second Lease
Modification Agreement as required by the Assignment Agreement, the
counterpart containing the receipt therefor executed by the Trustee
following the signatures to this Second Lease Modification
Agreement shall be the original.
-4-
Section 506. Entire Agreement. The Basic Agreements express
the entire understanding and all agreements between the parties and
may not be modified except in writing signed by the parties.
Section 507. Ratification and Confirmation. Except for the
amendments thereto described herein, all provisions of the Amended
Lease Agreement are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties have caused this Second Lease
Modification Agreement to be duly executed as of the date first
above written.
FIRST UNION COMMERCIAL CORPORATION
By.
Its
-5-
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
Acknowledged and consented to:
SIGNET TRUST COMPANY, as Trustee
By
Corporate Trust officer
-6-
COMMONWEALTH OF VIRGINIA
The foregoing instrument was acknowledged before me in
, Virginia, this day of 1993, by James
K. Spore, City Manager of the City of Virginia Beach, Virginia.
My commission expires:
Notary Public
-7-
COMMONWEALTH OF VIRGINIA
The foregoing instrument was acknowledged before me in
, Virginia, this day of 1993, by
, of First
Union Commercial Corporation.
My commission expires:
Notary Public
-8-
COMMONWEALTH OF VIRGINIA
The foregoing instrument was acknowledged before me in
, Virginia, this day of 1993, by Claire
M. Morris, Corporate Trust Officer of Signet Trust Company.
My commission expires:
Notary Public
-9-
RECEIPT
Receipt of the foregoing original counterpart of the Second
Lease Modification Agreement dated as of June 1, 1993, between
First Union Commercial Corporation and the City of Virginia Beach,
Virginia, is hereby acknowledged.
SIGNET TRUST COMPANY, as Trustee
By
Corporate Trust Officer
-10-
EXHIBIT A
[Property Descriptions]
4J
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RI-PF T: \VAB\93COPS\2NDSUPP. 2
5/18/93 2:17 p.m.
SECOND SUPPLEMENTAL TRUST AGREEMENT
between
THE CITY OF VIRGINIA BEACH, VIRGINIA,
FIRST UNION COMMERCIAL CORPORATION
and
SIGNET TRUST COMPANY,
as Trustee
Dated as of June 1, 1993
Relating to
Certificates of Participation
Series of 1993
TABLE OF CONTENTS
Paqe
Parties ........................
Recitals ........................
Granting Clause ....................
ARTICLE I
Second SuDDlemental Trust Agreement
Section 101. Second Supplemental Trust Agreement
Section 102. Definitions
· · · · · · · · · · ·
Section 103. References to Articles and Sections
ARTICLE II
Authorization, Details and Form of Series of 1993 Certificates
Section 201. Authorization of Series of 1993
Certificates ......... . . . . . .
Section 202. Details of Series of 1993 Certificates . .
Section 203. Securities Depository Provisions .....
Section 204. Form of Series of 1993 Certificates . . .
Section 205. Execution of Series of 1993 Certificates .
Section 206. Delivery of Series of 1993 Certificates .
ARTICLE III
Redemption of Series of 1993 Certificates
Section 301. Redemption Dates and Prices .......
Section 302. Manner of Redemption ...........
ARTICLE IV
Proceeds of Series of 1993 Certificates; Escrow Fund
Section 401. Use of Proceeds of Series of 1993
Certificates and Other Moneys ...... 7
Section 402. Establishment of Escrow Fund ....... 8
Section 403. Purchase of Escrow Obligations ...... 9
Section 404. Use of Moneys in Escrow Fund ....... 9
Section 405. Notice of Refunding to Holders of
Refunded Certificates 9
· · · · · · · · · ·
Section 406. Redemption of Refunded Certificates;
Irrevocable Instructions; Notice ..... 9
[Section 407. Reinvestment .............. 9
Section 408. Amendments; Substitute Obligations .... 10
ARTICLE V
Security for Series of 1993 Certificates
Section 501. Security for Series of 1993 Certificates . 12
ARTICLE VI
Amendments to Trust Agreement
Section 601. [Amendment to Section 801 of the Initial
Trust Agreement ........... 12
Section 602.] Amendment to Section 901 of %h~ Initial
Trust Agreement ............. 12
[ARTICLE VII
Series of 1993 Certificates Insurance
Section 701. Payment Procedure Pursuant to Series of
1993 Certificates Insurance Policy .... 13
Section 702. Terms by Which Series of 1993
Certificates To Remain Outstanding .... 14
Section 703. Consent of Series of 1993 Certificates
Insurer ................. 15
Section 704. Consent of Series of 1993 Certificates
Insurer as Certificate Holder ...... 15
Section 705. Consent of Series of 1993 Certificates
Insurer Upon Default ........... 15
Section 706. Series of 1993 Certificates Insurer
Consent as to Successor Trustee ..... 15
Section 707. Notices To Be Given to Series of 1993
Certificates Insurer ........... 16
Section 708. Parties Interested Herein ........ 16
ARTICLE VIII
Arbitrage Rebate
Section 801. Use of Proceeds Certificate ....... 17
ARTICLE IX
Miscellaneous
Section 901. Limitation of Rights ........... 17
Section 902. Prohibited Activities .......... 17
Section 903. Successors and Assigns .......... 18
Section 904. Severability ............... 18
Section 905. Applicable Law .............. 18
Section 906. Counterparts ............... 18
Testimonium ...................... 21
Signatures ....................... 21
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Form of Certificates
Escrow Obligations
Requirements to By Certificates Being Refunded
Form[s] of Notice of Issuance of Refunding
Certificates
Forms of Notice of Redemption
THIS SECOND SUPPLEMENTAL TRUST AGREEMENT, dated as of June 1,
1993, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
Virginia municipal corporation (the "City"), FIRST UNION COMMERCIAL
CORPORATION, a North Carolina corporation (the "Leasing Company"),
and SIGNET TRUST COMPANY, a corporation and subsidiary trust
company organized under the laws of the Commonwealth of Virginia
and having a corporate trust office in Richmond, Virginia (in such
capacity, together with any successor in such capacity, herein
called the "Trustee");
WI TNES SETH :
WHEREAS, the City, the Leasing Company and the Trustee have
entered into a Trust Agreement dated as of October 1, 1987 (the
"Initial Trust Agreement"), pursuant to which were issued
$7,080,000 Certificates of Participation (the "Series of 1987
Certificates"), in Lease Payments under a Real Property Lease
Agreement dated as of October 1, 1987, as supplemented and amended
by a First Real Property Lease Modification Agreement dated as of
September 1, 1990 (together, the "Amended Lease Agreement"), with
the City of Virginia Beach, Virginia, to finance the acquisition of
real property (the "Original Property") to expand the City's
municipal center complex and a First Supplemental Trust Agreement
dated as of September 1, 1990 (the "First Supplemental Trust
Agreement," together with the Initial Trust Agreement, the
"Supplemental Trust Agreement"), pursuant to which were issued
$32,070,000 Certificates of Participation (the "Series of 1990
Certificates") in Lease Payments under the Amended Lease Agreement
to finance construction of a judicial center, including parking
facilities, on the Original Property and certain other real
property; and
WHEREAS, the City desires to refinance the Project, as
hereinafter defined, through the issuance of Additional Certifi-
cates, as defined in the Initial Trust Agreement, to refund the
Series of 1987 Certificates maturing on or after September 1, 1993,
being all of such Certificates remaining outstanding, and the
Series of 1990 Certificates maturing on or after September 1,
within the limitations and of and in compliance with Article IV o~
the Initial Trust Agreement[, which Additional Certificates will be
secured on a parity with the Series of 1990 Certificates not being
refunded (the "Outstanding Series of 1990 Certificates")]; and
WHEREAS, the Trust Agreement provides that, in connection with
the issuance of any Additional Certificates, there shall be
executed and delivered to the Trustee a supplemental agreement
authorizing the issuance of such Additional Certificates and
setting forth the provisions thereof; and
WHEREAS, Section 1301 of the Initial Trust Agreement provides
that the City, the Leasing Company and the Trustee may enter into
supplemental agreements without the consent of any Certificate
Holders to (a) release from the terms of the Trust Agreement any
portion of the Property, as defined in the Lease Agreement, on
which no improvements have been placed which were financed by the
issuance of Additional Certificates and (b) authorize Additional
Certificates to refund all or any part of another series of
Certificates; and
NOW, THEREFORE, for and in consideration of the mutual
covenants hereinafter contained and for other valuable consider-
ation, the parties hereto do hereby agree as follows:
ARTICLE I
Second Supplemental Trust Aqreement
Section 101. Second Supplemental Trust Agreement. This
Second Supplemental Trust Agreement is authorized and entered into
pursuant to and in accordance with Articles IV and XIII of the
Initial Trust Agreement. Ail covenants, conditions and agreements
of the Initial Trust Agreement shall apply with full force and
effect to the Series of 1993 Certificates and to the holders
thereof, except as otherwise provided herein.
Section 102. Definitions. Except as otherwise defined
herein, terms defined in the Initial Trust Agreement are used in
this Second Supplemental Trust Agreement with the meanings assigned
to them in the Initial Trust Agreement. In addition, the following
terms shall have the following meanings in this Second Supplemental
Trust Agreement:
"Escrow Fund" shall mean the escrow fund created pursuant to
Section 402 of this Second Supplemental Trust Agreement.
"Initial Lease Agreement" shall mean the Real Property Lease
Agreement between the City and the Leasing Company dated as of
October 1, 1987.
"Initial Trust Agreement" shall mean the Trust Agreement
between the City, Leasing Company and Trustee dated as of October
1, 1987.
"Lease Agreement" shall mean the Initial Lease Agreement as
supplemented and amended.
"Letter of Representations" means the Letter of Representa-
tions dated , 1993, from the City and the Trustee to the
Securities Depository" and any amendments thereto or successor
agreements between the City and the Trustee and any successor
Securities Depository, relating to a book-entry system to be
maintained by the Securities Depository with respect to the
Certificates. Notwithstanding any provision of this Trust
Agreement, including Article XII of the Initial Trust Agreement
regarding amendments, the Trustee may enter into any such amendment
or successor agreement without the consent of Certificate Holders.
"Payment Dates" shall mean every March 1 and September 1
beginning September 1, 1993, during the period that the Series of
1993 Certificates are outstanding.
"Refunded Certificates" shall mean the Series of 1987
Certificates maturing on or after September 1, 1993, and the Series
of 1990 Certificates maturing on or after September 1,
"Second Real Property Modification Agreement" shall mean the
Second Real Property Modification Agreement dated as of June 1,
1993, between the City and the Leasing Company.
"Second Supplemental Trust Agreement" shall mean this Second
Supplemental Trust Agreement between the City, the Leasing Company
and the Trustee, which supplements and amends the Amended Trust
Agreement.
"Securities Depository" means The Depository Trust Company, a
corporation organized and existing under the laws of the State of
New York, and any other securities depository for the Certificates
appointed pursuant to Section 203 of this Second Supplemental Trust
Agreement, and their successors.
["Series 1993 Debt Service Reserve Account" shall mean the
Series 1993 Debt Service Reserve Account established pursuant to
Section 801 of the Initial Trust Agreement to secure the Series of
1993 Certificates. ]
"Series of 1993 Cgrtificates" shall mean the $
registered certificates of participation evidencing the undivided
beneficial interests of the holders thereof in Base Payments.
"Series of 1993 Certificate Holders" shall mean registered
owners of the Series of 1993 Certificates.
["Series of 1993 Certificates Insurance Policy" shall mean the
insurance policy issued by the Series of 1993 Certificates Insurer
insuring the payment when due of the principal of and interest on
the Series of 1993 Certificates as provided herein.
"Series of 1993 Certificates Insurer" shall mean [Financial
Guaranty Insurance Company], a New York stock insurance company.]
"Special Counsel" shall mean an attorney or firm of attorneys
nationally recognized on the subject of municipal bonds and
reasonably acceptable to the Trustee.
"Trust Agreement" shall mean the Initial Trust Agreement, as
amended or supplemented from time to time.
Section 103. References to Articles and Sections. Unless
otherwise indicated, all references herein to particular articles
or sections are references to articles or sections of this Second
Supplemental Trust Agreement.
ARTICLE II
Authorization, Details and Form of Series of 1993 Certificates
Section 201. Authorization of series of 1993 Certificates.
There are hereby authorized to be issued as Additional Certificates
pursuant to Articles IV and XIII of the Trust Agreement the Series
of 1993 Certificates in the aggregate principal amount of
DOLLARS ($ ) evidencing
undivided beneficial interests in Base Payments to be paid by the
City under the Lease Agreement. The Series of 1993 Certificates
shall be secured equally and ratably with the outstanding Series of
1990 Certificates[, except (a) to the extent that the Series of
1993 Certificates Insurance Policy payments will only be made as to
the Series of 1993 Certificates; and] [(b) to the extent the moneys
in each Debt Service Reserve Fund Account shall secure only the
series of Certificates for which such Account was established.]
Section 202. Details of Series of 1993 Certificates. The
Series of 1993 Certificates shall be designated "Certificates of
Participation in a Lease Agreement with the City of Virginia Beach,
Virginia, Series of 1993," and shall be issued as registered
Certificates.
The Series of 1993 Certificates shall be dated June 1, 1993,
shall be issued in denominations of $5,000 or integral multiples
thereof, shall be numbered from R-1 upward, and shall bear interest
at rates payable semiannually on each March 1 and September 1
beginning September 1, 1993, and shall mature on September 1 in
years and amounts, as follows:
Year Amount Rate Year Amount Rate
Principal of the Series of 1993 Certificates and the premium,
if any, thereon shall be payable to the Series of 1993 Certificate
Holders upon the surrender thereof at the principal corporate trust
office of the Trustee. Interest shall be payable by check or draft
mailed to the registered owners at their addresses as they appear
on the 15th day of the month preceding the interest payment date on
registration books kept by the Trustee. Principal, premium, if
any, and interest shall be payable in lawful money of the United
States of America.
If any principal of or interest on any Series of 1993
Certificate is not paid when due, then the overdue installments of
principal shall bear interest until paid at the same rate set forth
in such Certificate.
Section 203. Securities Depository Provisions. Initially,
one Certificate certificate for each maturity of the Certificates
will be issued and registered to the Securities Depository, or its
nominee. The City and the Trustee have entered into a Letter of
Representations relating to a book-entry system to be maintained by
the Securities Depository with respect to the Certificates.
In the event that (a) the Securities Depository determines not
to continue to act as a securities depository for the Certificates
by giving notice to the Trustee[, the City and the Leasing Company]
discharging its responsibilities hereunder, or (b) the City in its
sole discretion determines (i) that beneficial owners of Certifi-
cates shall be able to obtain certificated Certificates or (ii) to
select a new Securities Depository, then the Trustee shall, at the
direction of the City attempt to locate another qualified securi-
ties depository to serve as Securities Depository or authenticate
and deliver certificated Certificates to the beneficial owners or
to the Securities Depository participants on behalf of beneficial
owners substantially in the form of Exhibit A; provided, however,
that such form shall provide for interest on the Certificates to be
payable (a) from its date, if such Series of 1993 Certificate is
authenticated prior to September 1, 1993, or (b) otherwise from the
March 1 or September 1 that is, or immediately precedes, the date
on which such Series of 1993 Certificate is authenticated;
provided, however, if at the time of authentication of any Series
of 1993 Certificate payment of interest thereon is in default, such
Series of 1993 Certificate shall bear interest from the date to
which interest has been ~aid.
In delivering certificated Certificates, the Trustee shall be
entitled to rely on the records of the Securities Depository as to
the beneficial owners or the records of the Securities Depository
participants acting on behalf of beneficial owners. Such certifi-
cated Certificates will then be registrable, transferable and
exchangeable as set forth in Section 306 of the Initial Trust
Agreement.
So long as there is a Securities Depository for the Certifi-
cates (1) it or its nominee shall be the registered owner of the
Certificates, (2) notwithstanding anything to the contrary in this
Trust Agreement, determinations of persons entitled to payment of
principal, premium, if any, and interest, transfers of ownership
and exchanges and receipt of notices shall be the responsibility of
the Securities Depository and shall be effected pursuant to rules
and procedures established by such Securities Depository, (3)
neither the City, the Leasing Company nor the Trustee shall not be
responsible or liable for maintaining, supervising or reviewing the
records maintained by the Securities Depository, its participants
or persons acting through such participants, (4) references in this
Trust Agreement to registered owners of the Certificates shall mean
such Securities Depository or its nominee and shall not mean the
beneficial owners of the Certificates and (5) in the event of any
inconsistency between the provisions of this Trust Agreement and
the provisions of the Letter of Representations such provisions of
the Letter of Representations, except to the extent set forth in
this paragraph and the next preceding paragraph, shall control.
Section 204. Form of Series of 1993 Certificates. The Series
of 1993 Certificates shall be in substantially the form set forth
in Exhibit A with such appropriate variations, omissions and
insertions as are permitted or required by the Trust Agreement.
Section 205. Execution of Series of 1993 Certificates. The
Series of 1993 Certificates shall be executed by a duly authorized
officer or employee of the Trustee.
Section 206. Delivery of Series of 1993 Certificates. The
Trustee shall execute and deliver Series of 1993 Certificates to
the Securities Depository when there have been filed with or
delivered to it all items required by Section 403 of the Initial
Trust Agreement.
ARTICLE III
Redemption of Series of 1993 Certificates
Section 301. Redemption Dates and Prices. (a) Series of
1993 Certificates maturigg on or before September 1, 2003, are not
subject to optional redemption prior to maturity. Series of 1993
Certificates maturing on or after September 1, 2004, are subject to
redemption prior to maturity at the option of the City, from and to
the extent of funds on deposit with the Trustee and available for
such purpose, on or after September 1, 2003, in whole at any time
or in part on any Payment Date, in increments of $5,000 or integral
multiples thereof during the following redemption periods, upon
payment of the following redemption prices (expressed as a
percentage of principal amount of Series of 1993 Certificates to be
redeemed) plus interest accrued and unpaid to the redemption date:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption
Price
September 1, 2004, to August 31, 2005
September 1, 2005, to August 31, 2006
September 1, 2006, and thereafter
[102%
101
1003
(b) Series of 1993 Certificates maturing on September 1,
are required to be redeemed prior to maturity, in part,
pursuant to the following sinking fund requirements. The Trustee
shall redeem Series of 1993 Certificates maturing on September 1,
, on September 1 in years and amounts, upon payment of 100% of
the principal amount thereof to be redeemed plus interest accrued
to the redemption date, as follows:
Year Amount
(Final Maturity)
(c) The Series of 1993 Certificates are required to be
redeemed prior to maturity, in whole at any time or in part on any
Payment Date, upon payment of a redemption price of 100% of the
principal amount thereof to be redeemed plus interest accrued to
the redemption date, from and only to the extent of funds on
deposit with the Trustee and available for such purpose, in the
event that the City elects not to use proceeds from any insurance
recovery or condemnation award under the Lease Agreement to restore
the Project or any portion thereof under circumstances involving
(1) loss of title to the Project or any portion thereof, (2)
condemnation of the Project or any portion thereof or sale in lieu
thereof, or (3) damage to or destruction of the Project or any
portion thereof.
The amount of Series of 1993 Certificates to be redeemed
pursuant to subsections (b) and (c) of this Section may be reduced
in accordance with the provisions of Section 702 of the Initial
Trust Agreement.
Section 302. Manner of Redemption. If less than all of the
Series of 1993 Certificates are called for redemption, the Series
of 1993 Certificates to be redeemed shall correspond with the
prepayment of Base Payments made by the City. If less than all of
the Series of 1993 Certificates of any maturity are called for
redemption, the Series of 1993 Certificates to be redeemed shall be
selected by DTC or any successor securities depository pursuant to
its rules and procedures or, if the book entry system is discontin-
ued, shall be selected by the Trustee by lot in such manner as the
Trustee in its discretion may determine. In either event, each
portion of $5,000 principal amount shall be counted as one
Certificate for such purposes.
ARTICLE IV
Proceeds of Series of 1993 Certificates; Escrow Fund
Section 401. Use of Proceeds of Series of 1993 Certificates
and Other Moneys. (a) The proceeds of the Series of 1993 Certifi-
cates shall be paid to the Trustee and applied by the Trustee as
follows:
(1) [$ shall be paid to the Certificates
Insurer by wire transfer as the premium on the Series of 1993
Certificates Insurance Policy.
(2)] $ , representing accrued interest on the
Series of 1993 Certificates shall be deposited in the Interest
Account in the Certificate Fund.
(3) $ shall be deposited in the Escrow Fund
to be invested, together with amounts described in subsections
(b)(1), (b)(2), (b)(3) and (b)(4), and used, together with
interest earnings thereon, by the Trustee for the sole purpose
of paying principal, premium and interest on the Refunded
Certificates.
(4) The balance of the proceeds ($ ) shall be
deposited in a special account in the Acquisition and Con-
struction Fund to be used to pay Cost of Issuance.
(b) Simultaneously with the deposits described in 401(a), the
Trustee shall apply certain amounts previously on deposit under the
Trust Agreement as follows:
[ (1) From the Series 1987 Debt Service Reserve Account
the Trustee shall transfer to the Escrow Fund $ , [and the
Trustee is directed to sell $ principal amount of United
States Treasury Bills due , to produce such
$ .]]
[(2) From the Series 1990 Debt Service Reserve Account
the Trustee shall transfer to the Escrow Fund $ , [and the
Trustee is directed to sell $ principal amount of United
States Treasury Bills' due , to produce such
$ .]]
(3) From the Interest Account the Trustee shall transfer
to the Escrow Fund $ .
[(4) From the Principal Account the Trustee shall
transfer to the Escrow Fund $ .]
[(5) From the Interest Account the Trustee shall transfer
to the special account described in Section 401(a) (4) $ .]
Section 402. Establishment of Escrow Fund. Pursuant to
Section 1302 of the Initial Trust Agreement, there is created and
established a special, irrevocable escrow fund designated the "City
of Virginia Beach Escrow Fund - Series of 1987 and 1990 Certifi-
cates'' (the "Escrow Fund") to be held by the Trustee as a trust
fund for the sole benefit of the holders of the Refunded Certifi-
cates, separate and apart from other funds of the City and the
Trustee. Amounts in the Escrow Fund are hereby irrevocably pledged
to the payment of the Refunded Certificates. The deposit and
pledge hereunder are made for the benefit of the holders from time
to time of the Refunded Certificates and may not be revoked by the
parties hereto.
Section 403. Purchase of Escrow Obligations. The Trustee,
concurrently with the deposit of the funds described in Sections
401(a)(3) and 401(b)(1), (2), (3) and (4), shall use moneys in the
Escrow Fund to purchase the United States Treasury Securities (the
"Government Obligations") described in Exhibit B and to provide an
initial cash deposit of $ .
Section 404. Use of Moneys in Escrow Fund. The Trustee shall
collect the principal of and interest on the Government Obligations
as the same become due. The Trustee shall use moneys in the Escrow
Fund to pay principal of and redemption premium, if any, and
interest on the Refunded Certificates on the dates and in the
amounts shown on Exhibit C.
Section 405. Notice of Refunding to Holders of Refunded
Certificates. The Trustee is directed to mail notice of the
provision for payment of the Refunded Certificates, in substantial-
ly the form[s] of Exhibit D, within 5 days after issuance of the
Series of 1993 Certificates to the registered owners of the
Refunded Certificates at their addresses appearing on the registra-
tion books of the Trustee and to the persons described in Section
306 of the Initial Trust Agreement.
Section 406. Redemption of Refunded Certificates; Irrevocable
Instructions; Notice. It is hereby irrevocably elected to redeem
on , , the portion of the Series of 1987 Certifi-
cates maturing on or aftDr September 1, 1993, and on September 1,
, the portion of the Series of 1990 Certificates maturing on or
after September 1, , upon payment of the principal amount
thereof plus interest accrued and unpaid to the respective
redemption dates and a redemption premium of percent ( %),
with respect to the Series of 1987 Certificates, and percent
( %), with respect to the Series of 1990 Certificates, of the
principal amount thereof. The Trustee is irrevocably authorized
and directed to, and agrees that it will, at the expense of the
City, cause notice of the call for such redemption identifying the
Series of 1987 Certificates and Series of 1990 Certificates,
respectively, being called for redemption on such dates, in
substantially the forms of Exhibit E, to be given in the manner and
to the persons specified in Section 306 of the Initial Trust
Agreement.
[Section 407. Reinvestment upon Maturity of Government
Obligations. Any principal of or the interest on the Government
Obligations received by the Trustee and not needed when received to
make the aforesaid payments on the Refunded Certificates shall
remain in trust and shall be reinvested (a) by the purchase of
"Eligible Securities," as defined in the Escrow Reinvestment
Agreement dated as of , 1993 (the "Reinvestment
Agreement"), between the Trustee and , in
accordance with the terms of and to the extent provided in the
Reinvestment Agreement, and (b) for dates or amounts not included
under the terms of the Reinvestment Agreement, in cash, or
noncallable direct obligations of the United States Treasury as
directed by the Authority that, based on their acquisition price,
have a "yield" within the meaning of Section 148 of the Code of
zero percent (0%) and that mature not later than when needed to
make payments on the Refunded Certificates on the dates and in the
amounts shown on Exhibit D. If no such purchase of Eligible
Securities as described in (a) above is requested by on
the applicable "Purchase Date," as defined in the Reinvestment
Agreement, as set forth in the Reinvestment Agreement, such
principal and interest received shall be reinvested in noncallable
direct obligations of the United States Treasury that, based on
their acquisition price, have a "yield" within the meaning of
Section 148 of the Code of zero percent (0%) and that mature not
later than needed to make payments on the Refunded Certificates on
or before the dates and in the amounts shown on Exhibit D, for the
benefit of the holders of the Refunded Certificates until applied
as described in Section 406. If such obligations are not avail-
able, such principal and interest received shall be held in cash
uninvested. The Escrow Fund shall continue in effect to and
including the date upon which the Trustee makes the payment of
principal, premium and interest on the Refunded Certificates, to
the extent not earlier paid upon maturity, on September 1, ,
pursuant to Section 406, whereupon the Trustee shall sell or redeem
any investments remaining in the Escrow Fund and transfer the
proceeds therefrom, together with any cash to the Principal Account
in the Certificate Fund.. The provisions of the last sentence of
Section of the Initial Trust Agreement shall not apply to
amounts in the Escrow Fund.]
Section 408. Amendments; Substitute Obligations. (a) This
Article IV shall not be amended without the consent of the Trustee
and all holders of the Refunded Certificates[; provided, however,
that the City and the Trustee may with the consent of the Series of
1993 Certificates Insurer, which consent shall not be unreasonably
withheld, but without the consent of, or notice to, such holders,]
enter into such agreements supplemental to this Article IV
("Amendments") as shall not adversely affect the rights of such
holders and as shall not be inconsistent with the intent of the
terms and provisions of this Trust Agreement, for the purpose
described in subsection (b) of this section or for any one or more
of the following purposes:
(1) to cure any ambiguity or formal defect or
omission in this agreement;
10
(2) to grant to, or confer upon, the Trustee for
the benefit of such holders of any additional rights,
remedies, powers or authority that may lawfully be
granted to, or conferred upon, such holders or the
Trustee;
(3) to subject to the Escrow Fund additional funds,
securities or properties; and
(4) to sever any invalid provision from this
Article IV.
The Trustee shall not undertake or execute any Amendment
unless it has received an opinion of an independent certified
public accountant reasonably acceptable to the Trustee that after
such Amendment the interest on and maturing principal of the
Government Obligations and any other funds then held pursuant to
this Second Supplemental Trust Agreement will provide moneys in
amounts and at times as necessary to pay all principal of and
redemption premium and interest on the Refunded Certificates as the
same are due or are called for redemption as set forth in Section
406, and an opinion of Special Counsel that (i) if such Amendment
had been adopted on the date of issuance of the Series of 1993
Certificates such expectation would not have caused any of such
Certificates to be "arbitrage bonds" within the meaning of Section
148 of the Code, and the regulations and rulings thereunder
applicable to such Certificates on the date of the Amendment; (ii)
the Amendment will not cause any of the Refunded Certificates to be
"arbitrage bonds," and (iii) the Amendment complies with the
requirements of this Section.
(b) [With the con~ent of the Series of 1993 Certificates
Insurer,] at any time the [City] provides the Trustee (1) cash and
noncallable direct obligations of the United States of America (the
"Substitute Obligations") for deposit in the Escrow Fund in
substitution for any of the cash or Government Obligations
described in Section 403, (2) a report of independent certified
public accountants acceptable to the Trustee verifying that such
Substitute Obligations, together with any remaining cash and
Government Obligations, are sufficient to pay when due the
principal of and premium, if any, and interest on the Refunded
Certificates through September 1, __, and to redeem on September
1, , all of the Refunded Certificates, to the extent not
earlier paid at maturity, as set forth in Section 406, and (3) an
opinion of Special Counsel that such substitution of Substitute
Obligations will not affect adversely the treatment of interest on
the Certificates for purposes of Federal income taxation, then the
Trustee shall accept such Substitute Obligations and release to the
City such of the cash and Government Obligations as are no longer
necessary to provide for payment of the Refunded Certificates as
described in Section 406.
11
[(c) Prior to entering into any Amendment the Trustee shall
send a copy of any Amendment or documentation required by this
Section to the Series of 1993 Certificates Insurer, to Standard &
Poor's, 25 Broadway, New York, New York 10004, and to Moody's, 99
Church Street, New York, New York 10017.]
ARTICLE V
Security for Series of 1993 Certificates
Section 501. Security for Series of 1993 Certificates. The
Series of 1993 Certificates shall be issued pursuant to the Trust
Agreement and shall be equally and ratably secured under the Trust
Agreement with the [outstanding Series of 1990 Certificates] and
any other series of Additional Certificates, issued pursuant to
Articles IV and XIII of the Initial Trust Agreement., without
preference, priority or distinction of any Certificates over any
other Certificates[, except (a) to the extent that the Series of
1993 Certificates Insurance Policy payments will only be made as to
the Series of 1993 Certificates; and] [(b)] to the extent the
moneys in each Debt Service Reserve Account shall only secure the
series of Certificates for which such Account was established].
ARTICLE VI
Amendments to Trust Agreement
Section 601. [Amendment to Section 801 of the Initial Trust
Agreement. Notwithstanding the provisions of Section 607 of the
First Supplemental Trust Agreement, which amended Section 801 of
the Initial Trust AgreemDnt to provide for the establishment of a
separate Debt Service Reserve Fund Account within the Debt Service
Reserve Fund to secure solely the related series of Certificates
for which such Account was established, there shall be a single
Debt Service Reserve Fund for all Certificates issued under the
Trust Agreement, and the provisions of Article VIII of the Initial
Trust Agreement shall apply.
Section 602.] Amendment to Section 901 of the Initial Trust
Agreement. The first paragraph of Section 901 of the Initial Trust
Agreement is hereby amended to read as follows:
Section 901. Investment of Moneys in Funds. Any
moneys held in the funds created by this Agreement, other
than the Escrow Fund, may be separately invested and
reinvested by the Trustee, as directed by an Authorized
City Representative, in the following:
12
[ARTICLE VII
Series of 1993 Certificates Insurance
Section 701. Payment Procedure Pursuant to Series of 1993
Certificates Insurance Policy. As long as the Series of 1993
Certificates Insurance Policy shall be in full force and effect for
the Series of 1993 Certificates and the Series of 1993 Certificates
Insurer performs its obligations under the Series of 1993 Certifi-
cates Insurance Policy, the City and the Trustee agree to comply
with the following provisions:
(i) If, on any Payment Date the Trustee determines that there
will be insufficient funds in the Certificate Fund to pay the
principal of or interest on the Series of 1993 Certificates on such
interest payment date, the Trustee shall so notify the Series of
1993 Certificates Insurer and [Citibank, N.A., New York, New York,]
or its successor as its Fiscal Agent (the "Fiscal Agent") of the
amount of such deficiency. If the City has not provided the amount
of such deficiency, the Trustee shall simultaneously make available
to Series of 1993 Certificates Insurer and the Fiscal Agent, the
registration books for the Series of 1993 Certificates maintained
by the Trustee. In addition:
(A) The Trustee shall provide the Series of 1993
Certificates Insurer with a list of Series of 1993 Certificate
Holders entitled to receive principal or interest payments from
Series of 1993 Certificates Insurer under the terms of the Series
of 1993 Certificates Insurance Policy and shall make arrangements
for Series of 1993 Certificates Insurer and its Fiscal Agent (1) to
mail checks or drafts to the registered owners of Series of 1993
Certificates entitled to'receive full or partial interest payments
from Series of 1993 Certificates Insurer and (2) to pay principal
of Series of 1993 Certificates surrendered to the Fiscal Agent by
the Series of 1993 Certificate Holders entitled to receive full or
partial principal payments from Series of 1993 Certificates
Insurer; and
(B) The Trustee shall, at the time it makes the
registration books available to Series of 1993 Certificates Insurer
pursuant to (i) above, notify Series of 1993 Certificate Holders
entitled to receive the payment of principal or interest thereon
from Series of 1993 Certificates Insurer (1) as to the fact of such
entitlement, (2) that Series of 1993 Certificates Insurer will
remit to it all or a part of the interest payments next coming due,
(3) that, except as provided in Section (ii) below, in the event
that any Series of 1993 Certificate Holder is entitled to receive
full payment of principal from Series of 1993 Certificates Insurer,
it must tender their Series of 1993 Certificate (along with an
appropriate instrument of assignment in form satisfactory to the
Fiscal Agent to permit ownership of such Series of 1993 Certifi-
13
cates to be registered in the name of Series of 1993 Certificates
Insurer) and (4) that, except as provided in Section (ii) below, in
the event that any Series of 1993 Certificate Holder is entitled to
receive partial payment of principal from Series of 1993 Certifi-
cates Insurer, it must tender the Series of 1993 Certificate for
payment thereon first to the Trustee who shall note on such Series
of 1993 Certificates the portion of the principal paid by the
Trustee and then, along with an appropriate instrument of assign-
ment in form satisfactory to the Fiscal Agent, which will then pay
the unpaid portion of principal to the Series of 1993 Certificate
Holder.
(ii) In the event that the Trustee has notice that any
payment of principal of or interest on a Series of 1993 Certificate
has been recovered from its Series of 1993 Certificate Holder
pursuant to the United States Bankruptcy Code by a trustee in
bankruptcy in accordance with the final, nonappealable order of a
court having competent jurisdiction, the Trustee shall, at the time
provide notice to Series of 1993 Certificates Insurer notify all
Series of 1993 Certificate Holders that in the event that any
Series of 1993 Certificate Holders's payment is so recovered, such
Series of 1993 Certificate Holders will be entitled to payment from
Series of 1993 Certificates Insurer to the extent of such recovery
and the Trustee shall furnish to Series of 1993 Certificates
Insurer its records evidencing the payments of principal of and
interest on the Series of 1993 Certificates which have been made by
the Trustee and subsequently recovered from Series of 1993
Certificate Holders, and the dates on which such payments were
made.
(iii) Series of 1993 Certificates Insurer shall, to the
extent it makes payment ~f principal of or interest on Series of
1993 Certificates, become subrogated to the rights of the recipi-
ents of such payments in accordance with the terms of the Series of
1993 Certificates Insurance Policy, and to evidence such subroga-
tion (1) in the case of subrogation as to claims for past due
interest, the Trustee, shall note Series of 1993 Certificates
Insurer's rights as subrogee on the registration books maintained
by the Trustee upon receipt from Series of 1993 Certificates
Insurer of proof of the payment of interest thereon to the Series
of 1993 Certificate Holders, and (2) in the case of subrogation as
to claims for past due principal, the Trustee shall note Series of
1993 Certificates Insurer's rights as subrogee on the registration
books maintained by the Trustee upon receipt of proof to the Series
of 1993 Certificate Holders of such Series of 1993 Certificates.
Section 702. Terms by Which Series of 1993 Certificates To
Remain Outstanding. Notwithstanding anything herein to the
contrary, if the principal and/or interest due on the Series of
1993 Certificates shall be paid by Series of 1993 Certificates
Insurer pursuant to the Series of 1993 Certificates Insurance
Policy, the Series of 1993 Certificates shall remain Outstanding
14
for all purposes, not be defeased or otherwise satisfied and not be
considered paid, and the assignment and all covenants, agreements
and other obligations to the registered owners shall continue to
exist and shall run to the benefit of Series of 1993 Certificates
Insurer, and Series of 1993 Certificates Insurer shall be subrogat-
ed to the rights of such registered owners; provided, however, that
in the event payment is not made when due on the Series of 1993
Certificates as a result of an Event of Nonappropriation under the
terms of the Lease Agreement, this provision will in no way
obligate the City to make any such payment.
Section 703. Consent of Series of 1993 Certificates Insurer.
Any provision of this Second Supplemental Trust Agreement expressly
recognizing or granting rights in or to Series of 1993 Certificates
Insurer may not be amended in any manner which affects the rights
of Series of 1993 Certificates Insurer hereunder without the prior
written consent of Series of 1993 Certificates Insurer.
Section 704. Consent of Series of 1993 Certificates Insurer
as Certificate Holder. Notwithstanding any other provision
contained in the Trust Agreement, so long as Series of 1993
Certificates Insurer is performing its obligations under the Series
of 1993 Certificates Insurance Policy, Series of 1993 Certificates
Insurer shall be deemed to be the Series of 1993 Certificate Holder
at all times for delivering Series of 1993 Certificate Holder
consent for the following purposes: (a) execution and delivery of
any supplemental trust agreement pursuant to Article IV of the
Initial Trust Agreement; (b) removal of the Trustee and selection
and appointment of any successor trustee; and (c) initiation or
approval of any action not described in (a) or (b) above which
requires Additional Certificate Holder consent. Notice of any
consent given by Series of 1993 Certificates Insurer pursuant to
this Section shall be given by the Trustee to [Standard & Poor's
and Moody's Investors Service, Inc.]
Section 705. Consent of Series of 1993 Certificates Insurer
Upon Default. Notwithstanding anything herein to the contrary,
upon the occurrence and continuance of an Event of Default or
failure by the City to appropriate moneys for a Base Payment, the
Series of 1993 Certificates Insurer shall be entitled to control
and direct the enforcement of all rights and remedies granted to
the Series of 1993 Certificate Holders or the Trustee for the
benefit of the Series of 1993 Certificate Holders under this Second
Supplemental Trust Agreement and Series of 1993 Certificates
Insurer shall also be entitled to approve all waivers of Events of
Default. This provision is effective only if the Series of 1993
Certificates Insurer performs its obligations under the Series of
1993 Insurance Policy and the Series of 1993 Certificates consti-
tute a majority of the then outstanding Certificates.
Section 706. series of 1993 Certificates Insurer Consent as
to Successor Trustee. Notwithstanding anything herein to the
15
contrary, no successor Trustee shall be appointed without the
consent of Series of 1993 Certificates Insurer, which consent shall
not be unreasonably withheld.
Section 707. Notices To Be Given to Series of 1993 Certifi-
cates Insurer. (a) While the Series of 1993 Certificates Insurance
Policy is in effect, the City or the Trustee, as appropriate, shall
furnish to Series of 1993 Certificates Insurer: (i) as soon as
practicable after the filing thereof, a copy of any financial
statement of the City and a copy of any audit and annual report of
the City; (ii) a copy of any notice to be given to the registered
owners of the Series of 1993 Certificates, including, without
limitation, notice of any redemption of or defeasance of Series of
1993 Certificates, and any certificate rendered, relating to the
security for the Series of 1993 Certificates; and (iii) such
additional information it may reasonably request.
(b) The Trustee shall notify Series of 1993 Certificates
Insurer of any failure of the City to provide relevant notices or
certificates required under the terms of the Trust Agreement,
promptly after attaining actual knowledge thereof.
(c) Notwithstanding anything herein to the contrary, the
Trustee shall immediately notify Series of 1993 Certificates
Insurer if at any time there are insufficient moneys to make any
payments of principal and/or interest as required and immediately
upon the occurrence of any Event of Default hereunder.
(d) The Trustee shall give the Series of 1993 Certificates
Insurer notice of any draw upon or deficiency due to market
fluctuation in the amount, if any, on deposit in the [Series 1993]
Debt Service Reserve [Fu~d] [Account].
(e) The Trustee shall give the Series of 1993 Certificates
Insurer notice of the redemption, other than mandatory sinking fund
redemption, of any of the Series of 1993 Certificates, including
the principal amount, maturities and CUSIP numbers thereof.
Section 708. Parties Interested Herein. Nothing in the Trust
Agreement expressed or implied is intended or shall be construed to
confer upon, or to give to, any person or entity, other than the
City, the Trustee, Series of 1993 Certificates Insurer and the
registered owners of the Series of 1993 Certificates, any right,
remedy or claim under or by reason of this Second Supplemental
Trust Agreement or any covenant, condition or stipulation hereof,
and all covenants, stipulations, promises and agreements in the
Trust Agreement contained by and on behalf of the City shall be for
the sole and exclusive benefit of the City, the Trustee, Series of
1993 Certificates Insurer and the registered owners of the
Certificates.]
16
ARTICLE VIII
Arbitrage Rebate
Section 801. Use of Proceeds Certificate. The appropriate
officers of the City shall execute a Non-Arbitrage Certificate or
Certificates setting forth the expected use and investment of the
proceeds of the Series of 1993 Certificates and containing such
covenants as may be necessary in order to show compliance with the
provisions of the Internal Revenue Code of 1986, as amended (the
"Code"), and applicable regulations relating to the exclusion from
gross income of interest on the Series of 1993 Certificates. The
City Council, on behalf of the City, has covenanted that the
proceeds from the issuance and sale of the Series of 1993 Certifi-
cates will be invested and expended as set forth in such Non-
Arbitrage Certificate or Certificates and that the City shall
comply with the other covenants and representations contained
therein. Furthermore, the City Council, on behalf of the City, has
covenanted that the city shall comply with the provisions of the
Code so that interest on the Series of 1993 Certificates will
remain excludable from gross income for Federal income tax
purposes. Such Certificates may also provide for any elections
such officers deem desirable regarding rebate of earnings to the
United States for purposes of complying with the provisions of Code
Section 148.
ARTICLE IX
Miscellaneous
Section 901. Limitation of Rights. With the exception of the
rights herein expressly conferred nothing expressed or mentioned in
or to be implied from this Second Supplemental Trust Agreement is
intended or shall be construed to give any person other than the
parties hereto and the registered owners of the Certificates any
legal or equitable right, remedy or claim under or in respect to
this Second Supplemental Trust Agreement or any covenant, condition
and agreement herein contained; this Second Supplemental Trust
Agreement and all of the covenants, conditions and agreements
hereof being intended to be and being for the sole and exclusive
benefit of the parties hereto and the registered owners of the
Certificates as herein provided.
Section 902. Prohibited Activities. The Trustee shall not
knowingly engage in any activities or take any action that to its
knowledge will result in (a) any Certificate becoming an "arbitrage
bond" within the meaning of Section 103(b) (2) and Section 148 of
the Code and the regulations and rulings thereunder then applicable
to such Certificate, or (b) interest on any Certificate otherwise
becoming taxable to the holders thereof under the Federal income
tax laws; provided, however, that, after an Event of Default, the
17
Trustee may take any action that it views to be in the best
interest of the Series of 1993 Certificate Holders.
Section 903. Successors and Assigns. This Second Supplemen-
tal Trust Agreement shall be binding upon, inure to the benefit of
and be enforceable by the parties hereto and their respective
successors and assigns.
Section 904. Severability. If any provision of this Second
Supplemental Trust Agreement shall be held invalid by any court of
competent jurisdiction, such holding shall not invalidate any other
provision hereof.
Section 905. Applicable Law. This Second Supplemental Trust
Agreement shall be governed by the applicable laws of the Common-
wealth of Virginia.
Section 906. Counterparts. This Second Supplemental Trust
Agreement may be executed in several counterparts, each of which
shall be an original and all of which together shall constitute one
and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Second
Supplemental Trust Agreement to be executed in their respective
corporate names by their duly authorized officers as of the date
first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
FIRST UNION COMMERCIAL CORPORATION
By
Its
SIGNET TRUST COMPANY, as Trustee
By
Corporate Trust officer
18
EXHIBIT A
REGISTERED
R-
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CERTIFICATE OF PARTICIPATION
REGISTERED
$
Evidencing a Direct and Proportionate Interest of the
Holder Hereof in Payments To Be Made by the
CITY OF VIRGINIA BEACH, VIRGINIA
under a Real Property Lease Agreement
INTEREST RATE
MATURITY DATED DATE CUSIP
September 1, __, 1993
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT
The registered owner hereof has a direct and proportionate
interest in the right of receipt of those certain Base Payments
(the "Base Payments") made by the City of Virginia Beach, Virginia,
a Virginia municipal corporation (the "City"), under a Real
Property Lease Agreement dated as of October 1, 1987, between First
Union Commercial Corporation, a North Carolina corporation (the
"Leasing Company"), and the City, as supplemented and amended (the
"Lease Agreement"). The registered owner hereof is entitled to
receive the principal amount stated above on the maturity date
stated above, subject to prior redemption as provided herein,
together with interest thereon at the annual rate stated above,
payable semiannually on each March 1 and September 1, beginning
September 1, 1993. Principal and premium, if any, shall be payable
upon surrender of this Certificate at the corporate trust office of
Signet Trust Company, Richmond, Virginia, as trustee, or its
successor in trust (the "Trustee"), under the Trust Agreement,
hereinafter mentioned. Interest is payable by check or draft
mailed to the registered owner hereof at his address as it appears
on the 15th day of the month preceding each interest payment date
on registration books kept by the Trustee. Principal, premium, if
any, and interest are payable in lawful money of the United States
of America.
Notwithstanding any other provision hereof, this Certificate
is subject to a book-entry system maintained by The Depository
Trust Company ("DTC"), and the payment of principal, premium, if
any, and interest, the providing of notices and other matters shall
be made as described in the City's Letter of Representation to DTC.
This Certificate is one of an issue of Certificates of
Participation (the "Certificates") in the aggregate principal
amount of $ dated __, 1993, which pay interest
semiannually until maturity or prior redemption on March 1 and
September 1, and are of like date and tenor, except as to number,
denomination, rate of interest, privilege of redemption and
maturity, numbered consecutively from R-1 upward.
The Certificates are issued pursuant to a Trust Agreement
dated as of October 1, 1987, among the City, the Leasing Company
and the Trustee, as amended (the "Trust Agreement"), for the
purpose of providing funds to finance the acquisition of certain
parcels of real property surrounding the City's municipal center
complex and the construction thereon of a judicial center (collec-
tively, the "Project"). The Project will be leased by the Leasing
Company to the City pursuant to the Lease Agreement whereby the
City has agreed to make Base Payments to the Leasing Company. The
Leasing Company has assigned to the Trustee in an Assignment
Agreement dated as of October 1, 1987, as amended (the "Assignment
Agreement"), its right to receive all Base Payments and certain
other payments under the Lease Agreement. The Lease Agreement may
be terminated at the option of the Leasing Company or the City if
funds are not appropriate by the City to make Base Payments in
subsequent years, all as more particularly described in the Lease
Agreement. Additional Certificates on parity with the Certificates
may be issued on the ter~s provided in the Trust Agreement.
The obligation of the city to make payments under the Lease
Agreement does not constitute a debt of the City within the meaning
of any constitutional or statutory limitation nor a liability of or
a lien or charge upon funds or property of the City beyond any
fiscal year for which the City has appropriate moneys to make such
payments. The City has covenanted in the Lease Agreement that the
City Manager shall include in the City's annual budget the amount
of payments under such Agreement, but the City is not obligated to
make appropriations for such purpose. Neither the Trustee nor the
Leasing Company shall have any obligation or liability to the
registered owner hereof with respect to the City's obligations to
make payments under the Lease Agreement or with respect to the
performance by the City of any other covenant contained therein.
Reference is hereby made to the Lease Agreement, the Trust
Agreement, the Assignment Agreement and a Prime Lease dated as of
October 1, 1987, between the City and the Leasing Company, as
amended, and to all amendments and supplements thereto (copies of
which are on file with the Trustee at its corporate trust office in
Richmond, Virginia), for a full description of the property pledged
and assigned, the rights, duties and obligations of the Leasing
Company, the city, the Trustee and the holders of the Certificates,
the terms upon which the Certificates are issued, the pledge and
covenants securing the Certificates and the terms and conditions
upon which the Certificates will be deemed to be paid.
The Certificates may not be called for redemption except as
provided herein and in the Trust Agreement. Certificates maturing
on or before September 1, __, are not subject to optional
redemption prior to maturity.
Certificates maturing on or after September 1, ~, are
subject to redemption prior to maturity at the option of the City
on or after September 1, ~, in whole or at any time or in part
on any interest payment date, upon payment of the following
redemption prices (expressed as a percentage of the principal
amount of Certificates to be redeemed) plus interest accrued to the
redemption date:
% ~f redeemed September 1,
If redeemed September 1,
If redeemed September 1, __
If redeemed September 1, ~
, through August 31, ~
, through August 31, ~
, through August 31,
, or thereafter.
,tnclustve;
, Inclusive;
, inclusive; and
Certificates maturing on September 1, ~, are required to be
redeemed prior to maturity, in part, pursuant to the following
sinking fund requirements. The Trustee shall redeem Certificates
maturing on September 1, ~, on September 1 in years and amounts,
upon payment of 100% of the principal amount thereof to be redeemed
plus interest accrued to the redemption date, as follows:
Year Amount
(Finial Maturity)
The Certificates are required to be redeemed, in whole at any
time or in part on any interest payment date, upon payment of a
redemption price of 100% of the principal amount thereof to be
redeemed plus interest accrued to the redemption date, from funds
deposited with the Trustee and available for such purpose, in the
event the City elects not to use proceeds from any insurance
recovery or condemnation award receivable under the Lease Agreement
to restore the Project or any portion thereof under circumstances
involving loss of title to the Project or condemnation of the
Property or sale in lieu thereof.
If less than all of the Certificates are called for redemp-
tion, the Certificates to be redeemed shall be selected by the
chief financial officer of the City in such manner as he may
determine to be in the best interest of the City. If less than all
of the Certificates of any maturity are called for redemption, the
Certificates to be redeemed shall be selected by lot by the Trustee
in such manner as the Trustee in its discretion may determine, each
portion of $5,000 principal amount being counted as one Certificate
for this purpose. If a portion of this Certificate shall be called
for redemption, a new Certificate in principal amount equal to the
unredeemed portion hereof will be issued to the registered owner
upon surrender hereof.
If any of the Certificates or portions thereof are called for
redemption, the Trustee shall send notice of the call for redemp-
tion, identifying the Certificates or portions thereof to be
redeemed, by registered or certified mail not less than 30 nor more
than 60 days prior to the redemption date to the registered owner
of each Certificate to be redeemed at his address as it appears on
the registration books maintained by the Trustee. Provided funds
for their redemption are on deposit at the place of payment on the
redemption date, all Certificates or portions thereof so called for
redemption shall cease to bear interest on such date, shall no
longer be secured by the Trust Agreement and shall not be deemed to
be outstanding under the provisions of the Trust Agreement.
The registered owner of this Certificate shall have no right
to enforce the provisions of the Trust Agreement or to institute
action to enforce the covenants therein or to take any action with
respect to any Event of Default under the Trust Agreement or to
institute, appear in or defend any suit or other proceeding with
respect thereto, except as provided in the Trust Agreement.
The Certificates are issuable as registered Certificates in
the denomination of $5,000 or any integral multiple thereof. Upon
surrender of this Certificate at the corporate trust office of the
Trustee in Richmond, Virginia, together with an assignment duly
executed by the registered owner or his duly authorized attorney or
legal representative in such form as shall be satisfactory to the
Trustee, the Trustee shall execute and deliver a new Certificate in
the manner and subject to the limitations and conditions provided
in the Trust Agreement, having an equal aggregate principal amount,
in authorized denominations and bearing interest at the same rate,
and registered in names as requested by the then registered owner
hereof or his duly authorized attorney or legal representative.
Any such exchange shall Se at the expense of the city, except that
the Trustee may charge the person requesting such exchange the
amount of any tax or other governmental charge required to be paid
with respect thereto.
The Trustee shall treat the registered owner as the person
exclusively entitled to payment of principal, premium, if any, and
interest of all other rights and powers of the owner, except that
interest payments shall be made to the person shown as registered
owner on the 15th day of the month preceding each interest payment
date.
Amendments or supplements to the Trust Agreement, the Lease
Agreement and the Assignment may be made only to the extent and in
the circumstances permitted thereby.
Ail acts, conditions and things required to happen, exist or
be performed precedent to and in the issuance of this Certificate
have happened, exist and have been performed.
IN WITNESS WHEREOF, Signet Trust Company, as Trustee, has
caused this Certificate to be issued pursuant to the Trust
Agreement and to be executed by an authorized officer or employee
as of , 1993.
Dated Executed:
SIGNET TRUST COMPANY,
as Trustee
By.
Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s)
and transfer(s) unto
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE:
(Please print or type name and address, including zip code, of
Transferee)
the within certificate and all rights thereunder, hereby irrevoca-
bly constituting and appointing
, Attorney, to transfer
said certificate on the books kept for the registration thereof,
with full power of substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be
guaranteed by a member firm
of the New York Stock
Exchange or a commercial bank
or trust company.
(Signature of Registered Owner
NOTICE: The signature above
must correspond with the name
of the registered owner as it
appears on the front, of this
certificate in every particu-
lar, without alteration or en-
largement or any change whatso-
ever.
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
T:\vab\93cops\assign.2 5/18/93 2:57 p.m.
SECOND ASSIGNMENT MODIFICATION AGREEMENT
THIS SECOND ASSIGNMENT MODIFICATION AGREEMENT, dated as of
June 1, 1993, between FIRST UNION COMMERCIAL CORPORATION, a North
Carolina corporation (the "Assignor"), and SIGNET TRUST COMPANY, a
corporation and subsidiary trust company organized under the laws
of the Commonwealth of Virginia and having a corporate trust office
in Richmond, Virginia (the "Assignee");
W I T N E S S E T H:
WHEREAS, the City of Virginia Beach, Virginia, a Virginia
municipal corporation (the "City"), the Assignor and the Assignee
have entered into a Trust Agreement dated as of October 1, 1987
(the "Initial Trust Agreement"), providing for the issuance of
$7,080,000 Series of 1987 Certificates of Participation (the
"series of 1987 Certificates"), representing direct and proportion-
ate interests of the registered owners thereof in the base payments
by the City ("Base Payments") for the lease of certain real
property (the "Original Property") as described in a Real Property
Lease Agreement dated as of October 1, 1987, between the Assignor
and the City (the "Initial Lease Agreement"), the proceeds of the
Series of 1987 Certificates having been used to finance the cost of
acquisition of the Original Property by the City, and also
providing for the issuance of Additional Certificates, as defined
therein; and
WHEREAS, the Initial Trust Agreement has been supplemented and
amended by a First Supplemental Trust Agreement dated as of
September 1, 1990 (the "First Supplemental Trust Agreement"),
providing for the issuance of $32,070,000 Series of 1990 Certifi-
cates of Participation (the "Series of 1990 Certificates"), repre-
senting direct and proportionate interests of the registered owners
thereof in the Base Payments for the Original Property and certain
other real property (together, the "Amended Property") as described
in the Initial Lease Agreement, as supplemented and amended by a
First Real Property Lease Modification Agreement dated as of
September 1, 1990 (together with the Initial Lease Agreement and a
Second Real Property Lease Modification Agreement dated as of June
1, 1993, the "Lease Agreement"); and
WHEREAS, the Initial Trust Agreement has been further
supplemented and amended by a Second Supplemental Trust Agreement
dated as of June 1, 1993 (together with the Initial Trust Agreement
and the First Supplemental Trust Agreement, the "Trust Agreement"),
providing for the issuance of $ Series of 1993 Certifi-
cates of Participation (the "Series of 1993 Certificates"),
representing direct and proportionate interests of the registered
owners thereof in the Base Payments for the Amended Property and
certain other real property (together, the "Property"), as
described in the Lease Agreement, in connection with the refunding
of the Series of 1987 Certificates maturing on or after September
1, 1993, and the Series of 1990 Certificates maturing on or after
September 1, ~; and
WHEREAS, to secure the Base Payments attributable to the
Series of 1987 Certificates and the Series of 1990 Certificates,
the Assignor has granted the Assignee a security interest in
certain of its rights a Prime Lease dated as of October 1, 1987, as
supplemented and amended by a First Prime Lease Amendment dated as
of September 1, 1990 (together, the "Amended Prime Lease"), between
the City and the Leasing Company pursuant to a Deed of Trust dated
as of October 1, 1987, as supplemented and amended by a First Deed
of Trust Modification Agreement dated as of September 1, 1990
(together, the "Deed of Trust"); and
WHEREAS, the Deed of Trust provides that the security interest
created by the Deed of Trust may be discharged upon the payment of
all portions of Base Payments attributable to the Series of 1987
Certificates; and
WHEREAS, the Assignor and the Assignee have agreed that
simultaneously with the issuance of the Series of 1993 Certificates
to effect the refunding of the Series of 1987 Certificates the
security interest created by the Deed of Trust will be released;
and
WHEREAS, the Assignor and the Assignee have entered into an
Assignment Agreement dated as of October 1, 1987, and a First
Assignment Modification Agreement dated as of September 1, 1990
(together, the "Initial Assignment Agreement"), whereby the
Assignor sold, assigned and delivered to the Assignee all right,
title and interest of the Assignor in and to the Lease Agreement,
as it may be amended from time to time pursuant to its terms;
NOW, THEREFORE, the Assignor and Assignee agree to supplement
and amend the Initial Assignment Agreement with this Second
Assignment Modificatio~ Agreement (together, the "Assignment
Agreement") in order to ratify and confirm that all provisions of
the Initial Assignment Agreement apply with full force and effect
to the Lease Agreement.
The Lease Agreement, the Trust Agreement, the Assignment
Agreement and the Amended Prime Lease, as supplemented and amended
by a Second Prime Lease Amendment dated as of June 1, 1993, express
the entire understanding and all agreements between all the parties
and may not be modified except in writing signed by the parties.
IN WITNESS WHEREOF, the Assignor and the Assignee have caused
this Second Assignment Modification Agreement to be duly executed
as of the date first above written.
FIRST UNION COMMERCIAL CORPORATION
By
Its
SIGNET TRUST COMPANY, as Trustee
By
Authorized Representative
NOTICE OF ASSIGNMENT
The City acknowledges receipt of notice of the assignment by
the Assignor of all its right, title and interest in the Lease
Agreement to the Assignee pursuant to the Initial Assignment, as
supplemented and amended by the foregoing Second Assignment
Modification Agreement.
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
- 21 -
Item III-L
PUBLIC HEARING
ITEM # 36830
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
(a) DRIFT TIDE, INC.
VARIANCE
(b) VINEYARD CHRISTIAN FELLOWSHIP OF KEMPSVILLE CONDITIONAL USE PERMIT
(C) EBENEZER BAPTIST CHURCH
CONDITIONAL USE PERMIT
(d) TRUSTEES, BAYLAKE UNITED METHODIST CHURCH CONDITIONAL USE PERMIT
(e) RICHARD P. BERUBE /BERUBE ENTERPRISES, INC.
CONDITIONAL USE PERMIT
(.f) CHECKERED FLAG MOTOR CAR COMPANY, INC. AND CONDITIONAL USE PERMIT
EDWARD B. AND JEAN M. SNYDER, TRUSTEES, SNYDER FAMILY TRUST
PLANNING
(a) 65 ACRES ASSOCIATES, L.P.
ZONING
CONDITIONAL CHANGE OF
DIS TRICT CLASSIFICATION
(b) SOPHIA OWENS
CHANGE OF ZONING
DIS TRICT CLASSIFICATION
(c) OWL'S CREEK GOLF CENTER, INC.
CONDITIONAL USE PERMIT
(d) ERU CALCULATIONS FOR IMPERVIOUS SURFACE AREA
AMEND SECTIONS 1.1, 1.2, 1.3,
1.4 and 6.3 SUBDMSION
ORDINANCE
AND
AMEND SECTIONS 1 and 4 OF
SITE PLAN ORDINANCE
CONDITIONAL USE PERMIT
May 25, 1993
- 22 -
Item III-I. 1.
PUBLIC HEARING
ITEM # 36831
PLANNING B Y CONSENT
Upon motion by Councilman Moss, seconded by Vice Mayor Sessorns, City Council APPROVED IN ONE
MOTION items a, b, d, e and f of the PLANNING B Y CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, John D. Moss, Mayor Meyera
E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
- 23 -
Item III-I.l.a.
PUBLIC HEARING
ITEM # 36832
PLANNING BY CONSENT
Upon moa'on by Councilman Moss, seconded by Vice Mayor Sessorns, City Council APPROVED the
application of DRIFT TIDE, INC. for a Variance to Section 4.4(d) of the Subdivision Ordinance which
requires all lots created by subdivision to have direct access to public street.
Appeal from Decisions of Administrative officers in regard to certain
elements of the subdivision Ordinance, Subdivtston for Drift Tide, Inc.
Property is located on the west side of South Military Highway, ll06 feet
north of Indian River Road. KEMPSVILLE BOROUGH.
The following condition shall be required:
Approval of this subdivision variance is based upon adherence to the
development plan as approved by the City of Virginia Beach on March
17, 1988. Any alteration of that plan will require that Applicant meet the
standards of the Chesapeake Bay Preservation Ordmance, the Stormwater
Management Ordinance, the Tree Planttng, Preservatton and
Replacement Ordinance and any other apphcable current regulations.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Sectton 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of May, Nineteen
Hundred and Ninety-Three.
May 25, 1993
- 24 -
Item III-L 1.a.
PUBLIC HEARING
ITEM # 36832 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D.
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
STATEMENT OF CONSENT
APPLICANT:
DRIFT TIDE, INC.
APPLICATION:
Variance -
South Military Highway/Indian River Road
(KEMPSVILLE BOROUGH)
DESCRIPTION:
Section 4.4(d), Subdivision Ordinance
(direct access to a public street)
CITY COUNCIL SESSION:
May 25, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
.
Approval of this subdivision variance is based upon adherence to
the development plan as approved by the City of Virginia Beach on
March 17, 1988. Any alteration of that plan will require that
Applicant meet the standards of the Chesapeake Bay Preservation
Ordinance, the Stormwater Management Ordinance, the Tree
Planting, Preservation and Replacement Ordinance and any other
applicable current regulations.
By:
Date:
Owner ,/
- 25 -
Item III-I.l.b.
PUBLIC HEARING
ITEM # 36833
PLANNING BY CONSENT
Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of VINEYARD CHRISTIAN FELLOWSHIP OF KEMPSVILLE for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VINEYARD CHRISTIAN
FELLOWSHIP OF KEMPSVILLE FOR A CONDITIONAL USE PERMIT
FOR A CHURCH R05931821
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtt, VIRGINIA
Ordinance upon application of Vineyard Christian Fellowship of
Kempsville for a Conditional Use Permit for a church at the southeast
intersection of Princess Anne Road and South Parliament Drive. Said
parcel is located in Unit #23, Kempsville Plaza Shopping Center and
contains 2520 square feet. KEMPSVILLE BOROUGH.
The following condition shall be required:
1. This request is approved for a period of two (2) years.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenff--_~fth o_f May, Nineteen
Hundred and Ninety- Three.
May 25, 1993
- 26 -
Item III-L 1.b.
PUBLIC HEARING
ITEM # 36833 (Continued)
PLANNING B Y CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert Ii Dean, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D.
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
STATEMENT OF CONSENT
APPLICANT:
VINEYARD CHRISTIAN FELLOWSHIP OF KEMPSVILLE
APPLICATION:
Conditional Use Permit -
Princess Anne Road/South Parliament Drive
(KEMPSVILLE BOROUGH)
DESCRIPTION: Church
CITY COUNCIL SESSION:
May 25, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
aPPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. This request is approved for a period of two (2) years.
Owner
By:
Attorney/Agent
- 27 -
Item III-L 1.c.
PUBLIC HEARING
ITEM # 36834
PI~tNNING BY CONSENT
Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of EBENEZER BAPTIST CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EBENEZER BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
(ADDITION) R05931822
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtt, VIRGINIA
Ordinance upon application of Ebenezer Baptist Church for a conditional
Use Permit for a church (addition) at the northwest corner of Baker Road
and Wesleyan Drive. Said parcel is located at 875 Baker Road and
contains 1.846 acres. BAYSIDE BOROUGH.
The following conditions shall be required:
A stormwater management facility meeting the requirements of
the City's Stormwater Management Ordinance and Chesapeake
Bay Preservation Area Ordinance shall be installed within the
property.
2. A reservation of approximately ten (10)feet shall be required
on the property facing Baker Road.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -fifth of May, Nineteen
Hundred and Ninety-Three.
May 25, 1993
- 28 -
Item III-L l.c.
PUBLIC HEARING
ITEM # 36834 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W..
Clyburn, Robert 32 Dean, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy 32 Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
STATEMENT OF CONSENT
APPLICANT:
EBENEZER BAPTIST CHURCH
APPLICATION:
Conditional Use Permit -
Baker Road/Wesleyan Drive
(BAYSIDE BOROUGH)
DESCRIPTION:
Church (addition)
CITY COUNCIL SESSION:
May 25, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
.
.
A stormwater management facility meeting the requirements of the
City's Stormwater Management Ordinance and Chesapeake Bay
Preservation Area Ordinance shall be installed within the property.
A reservation of approximately ten (10) feet shall be required on the
property facing Baker Road.
Attorney/Agent
~J,~sH~A~~~ ,A~#~c~,~$~, ~,~¢~'~c"~'
Date: ....
Owner
- 29 -
Item III-L I.d.
PUBLIC HEARING
ITEM # 36835
PLANNING BY CONSENT
Upon motion by Councilman Moss, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of TRUSTEES, BAYLAKE UNITED METHODIST CHURCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TRUSTEES, BAYLAKE
UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT
FOR A CHURCH ADDITION R05931823
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Trustees, Baylake United Methodist
Church for a Conditional Use Permit for a church addition at the
northwest corner of Shore Drive and Treasure Island Drive. Said parcel
is located at 4300 Shore Drive and contains 3 acres. BAYSIDE
BOROUGH.
The following conditions shall be requ&ed:
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,
o
Building setbacks from all rights-of-way shall maintain a
thirty-foot setback as required by the City Zoning Ordinance.
The proposed construction activities must adhere to the
provisions of the Stormwater Management Ordinance.
Infiltration BMP's located under pavement may not be
appropriate due to potential maintenance problems.
The Applicant shall meet on-site with staff prior to the
submission of final site development plans. The purpose of the
meeting is to discuss the potential for preserving indigenous
vegetation to the maximum extent practicable as required by the
Chesapeake Bay Preservation Area and Stormwater
Management Ordinances.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -_~fth o.f Ma_v. Nineteen
Hundred and Nin¢~_ - Three.
May 25, 1993
- 30 -
Item III-L I.d.
PUBLIC HEARING
ITEM # 36835 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy I~ Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
STATEMENT OF CONSENT
APPLICANT:
TRUSTEES, BAYLAKE UNITED METHODIST CHURCH
APPLICATION:
Conditional Use Permit -
Shore Drive/Treasure Island Drive
(BAYSIDE BOROUGH)
DESCRIPTION:
Church (addition)
CITY COUNCIL SESSION:
May 25, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
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.
.
Building setbacks from all rights-of-way shall maintain a thirty-foot
setback as required by the City Zoning Ordinance.
The proposed construction activities must adhere to the provisions
of the Stormwater Management Ordinance. Infiltration BMP's
located under pavement may not be appropriate due to potential
maintenance problems.
The Applicant shall meet on-site with staff prior to the submission
of final site development plans. The purpose of the meeting is to
discuss the potential for preserving indigenous vegetation to the
maximum extent practicable as required by the Chesapeake Bay
Preservation Area and Stormwater Management Ordinances.
f' Afforn-ey/Agent
Date:
Owner
- 31 -
Item III-L I.e.
PUBLIC HEARING
ITEM # 36836
PLANNING BY CONSENT
Upon motion by Councilman Moss, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of RICHARD P. BERUBE/BERUBE ENTERPRISES, INC., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RICHARD P.
BERUBE/BERUBE ENTERPRISES, INC., FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT
R05931824
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Richard P. Berube/Berube Enterprises,
Inc., for a Conditional Use Permit for an automobile repatr establishment
on Lots 29 & 30, Shelton Place. Said parcel is located at 2114
Thoroughgood Road and contains 1.5 acres. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Hours of operation shall be 8:00 AM to 5:00 PM.
2. All services and repairs shall be done within the confines of the
building.
3. The use permit is for minor automobile repair only.
4. Approval is for a period of two (2) years.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -fiflh of May, Nineteen
Hundred and Nine~_ - Three.
May 25, 1993
Item III-I.l.e.
PUBLIC HEARING
ITEM # 36836 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members I/'oting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert ~ Dean, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
STATEMENT OF CONSENT
APPLICANT:
RICHARD P. BERUBE / BERUBE ENTERPRISES, INC.
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
Conditional Use Permit -
Thoroughgood Road
(BAYSIDE BOROUGH)
Automobile repair establishment
May 25, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
.
.
.
.
Hours of operation shall be 8:00 AM to 5:00 PM.
All services and repairs shall be done within the confines of the
building.
The use permit is for minor automobile repair only.
Approval is for a period of two (2) years.
Owner
By:
Attorney/Agent
Date:
- 33 -
Item III-L 1 :t:.
PUBLIC HEARING
ITEM # 36837
PLANNING BY CONSENT
Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of CHECKERED FLAG MOTOR CAR COMPANY, INC., AND EDWARD
B. AND JEAN M. SNYDER, TRUSTEES, SNYDER FAMILY TRUST for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR
CAR COMPANY,, INC. AND ED WA~ B. AND JEAN M. SNYDER,
TRUSTEES, SNYDER FAMILY TRUST FOR A CONDITIONAL USE
PERMIT FOR PARKING AND STORAGE R05931825
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Checkered Flag Motor Company, Inc.,
and Edward B. and Jane M. Snyder, Trustees, Snyder Family Trust for
a Conditional Use Permit for parking and storage in connection with
sales & repair of motor vehicles on the south side of Virginia Beach
Boulevard, 250 feet more or less east of Clearfield Avenue. Said parcel
contains 2 acres. BAYSIDE BOROUGH.
The following conditions shall be required:
I. There shall be no outside speaker system on the subject site.
2. The lighting shall be directed inward and shall not overflow
onto the adjoining single family homes.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -_fifth of Ma_v, Nineteen
Hundred and NineS_ - Three.
May 25, 1993
- 34 -
Item III-L 1.f
PUBLIC HEARING
ITEM # 36837 (Continued)
PLANNING B Y CONSENT
Voting: 10-0
Council Members Voting .dye:
John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 25, 1993
STATEMENT OF CONSENT
APPLICANT:
CHECKERED FLAG MOTOR CAR CO., INC. and
EDWARD B. AND JEAN M. SNYDER, TRUSTEES,
SNYDER FAMILY TRUST
APPLICATION:
Conditional Use Permit -
Virginia Beach Boulevard/Clearfield Avenue
(BAYSIDE BOROUGH)
DESCRIPTION:
Parking/storage re sales and repair of motor vehicles
CITY COUNCIL SESSION:
May 25, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
,,
.
There shall be no outside speaker system on the subject site.
The lighting shall be directed inward and shall not overflow onto the
adjoining single family homes.
Owner
By:,
Attorney/Agent
Date:
- 35 -
Item III-L2. a.
PUBLIC HEARING
ITEM # 36858
PLANNING
William J. Cashman, Jr., 5544 Greenwich Road, Phone: 473-2000, represented the applicant
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of 65 ACRES ASSOCIATES, LP. for a Conditional Change of Zoning
District Classification:
ORDINANCE UPON APPLICATION OF 65 ACRES ASSOCIATES, L.P.,
FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-1 to B-2 Z05931386
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 65 Acres Associates, L.P., for a
Conditional Change of Zoning District Classification from 1-1 Light
Industrial District to B-2 Community Business District at the northwest
corner of Lynnhaven Parkway and Sabre Street. The proposed zoning
classification change to B-2 Community Business is for commercial land
use. The Comprehensive Plan recommends' use of this parcel for
retail/service land use. Said parcel is located on Parcel 5, Oceana West
Industrial Park and contains 3.4339 acres. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. The proffers shall meet all requirements of the City Staff, since
no agreement* was available to review.
*The finalized agreement had been approved by the Development Authority. Copy of this agreement will
be forwarded to City Council.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of May, Nineteen
Hundred and Ninety- Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert lc Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorj5 Nancy lC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
- 36 -
Item III-L2. b.
PUBLIC HEARING
ITEM # 36839
PLANNING
Sharon Prescott, Department of Housing and Neighborhood Preservation, Phone: 426-5803
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of SOPHIA OWENS for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF SOPHIA OWENS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 to
R-40 Z05931387
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sophia Owens for a Change of Zoning
District Classification from A-12 Apartment District to R-40 Residential
District at the western extremity of Americus Avenue. The proposed
zoning classification change to R-40 is for single family land use at a
density no greater than .8 dwelling units per acre. The Comprehensive
Plan recommends use of this parcel for Urban Medium Low Density
Residential at densities that are compatible with multi-family use in
accordance with other plan policies. SaM parcel is located at 1220
Americus Avenue and contains 2.449 acres. LYNNHAVEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virgima, on the Twen~_ -fifth o_f Ma_v. Nineteen
Hundred and Nine~_ - Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
- 37 -
Item III-L 2. c.
PUBLIC HEARING
ITEM # 36840
PLANNING
Thomas C. Broyles, Phone: 491-4002, represented the applicant
Upon motion by Councilman Brazier, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon application of OWL'S CREEK GOLF CENTER, INC., for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OWL'S CREEK GOLF
CENTER, INC., FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY OF AN OUTDOOR NATURE (EXPANSION
OF GRASSED PRACTICE PU~ING FACILITY) R05931826
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtt, VIRGINIA
Ordinance upon application of Owl's Creek Golf Center, Inc., for a
Conditional Use Permit for a recreational facility of an outdoor nature
(expansion of grassed practice putting facility) on the west side of South
Birdneck Road, 2810. 76 feet north of Bell's Road. Said parcel is located
at 415 South Birdneck Road and contains 38.5 acres. LYNNHAVEN
BOROUGH.
The following conditions shah be required:
1. No outdoor loudspeakers are permttted.
2. Maximum hours of operation will be 7:00 A.M. to 11:00 P.M.
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~. -.fifth of Ma_v. Nineteen
Hundred and Ninety-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
- 38 -
Item III-L2.d.
PUBLIC HEARING
ITEM # 36841
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinances re equivalent residential unit (ERU) calculations for
impervious surface area:
AMEND Sections 1.1., 1.2, 1.3, 1.4 and 6.3 of the Subdivision Ordinance
AMEND Sections 1 and 4 of the Site Plan Ordinance
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, [1I, James W.. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf
and Vice Mayor William D. Sessorns, Jr
Council Members Voting Nay:
Robert lC. Dean, John D. Moss and Nancy ~ Parker
Council Members Absent:
None
May 25, 1993
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 1.1, 1.2, 1.3, 1.4 AND 6.3
OF THE SUBDIVISION ORDINANCE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 1.1, 1.2, 1.3, 1.4 and 6.3 of the Subdivision
Ordinance of the City of Virginia Beach, Virginia, are hereby
amended and reordained to read as follows:
Section 1.1. ERU.
Equivalent Residential Unit or ~Ru means the eguiva!ep~
impervious area of a single family residential developed property
per dwelling unit located within the city based on the statistical
average horizontal impervious area of a single family residence in
the city. AD Equivalent Residential Unit (ERU) equals 2,269 square
feet of impervious surface area.
Section L,Z. Planning Director.
The director of the department of planning or his designee.
Section L.L ~.3. Street.
A vehicular way (which may also serve, in part, as a way for
pedestrian and bicycle traffic) whether called street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, land,
place, alley, mall, bikeway or otherwise designated.
(a) Arterial or major streets or highways are used by or
designated primarily for fast or heavy traffic, and for the purpose
of these regulations shall be considered to be as shown in any
comprehensive plan or element thereof designating such arterial or
major streets or highways officially adopted by city council.
(b) Collector streets are used primarily to carry traffic
from minor streets to arterial or major streets or highways.
(c) Minor streets are used primarily for access to abutting
properties, and include marginal access streets, which are
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generally parallel and adjacent to arterial streets or highways,
serve abutting properties and provide protection from friction with
through traffic.
(d) Marginal access streets are used to separate local
traffic from through traffic on an adjacent thoroughfare and to
provide controlled ingress to and egress from through traffic.
(e) Alleys are minor ways used primarily for vehicular access
to the rear or side of properties otherwise abutting a street.
(f) Bikeways are any road, path, or way which in some manner
is specifically designated as being open to bicycle travel,
regardless of whether such facilities are designated for the
exclusive use of bicycles or are to be shared by other
transportation modes.
8eotion :.: 1.4. Subdivision.
The division of any parcel of land into two (2) or more lots
or parcels for immediate or future transfer of ownership or
building development. The term shall be construed to include all
changes in lot lines, the creation of new lots involving any
division of an existing lot or lots, or if a new street is involved
in such division, any division of a parcel of land, and when
appropriate to context, the process of subdividing or the territory
subdivided. To expedite two (2) lot subdivisions, the subdivision
shall only be reviewed by the department of planning and public
works, and where applicable, the health department.
Section 6.3. Final plats an~ 4ata.
The final subdivision plat shall be prepared by a certified
civil engineer or land surveyor in ink on an approved durable
tracing medium at a scale of 1" = 100' unless a different scale is
approved by general rule for classes of cases or by the planning
director in a particular case. All original tracings shall be
presented between the following sizes: 8%" x 11" and 18" x 24".
Lettering shall be no less than one-tenth inch or 2.54 mm. in
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height. Lettering and line weight shall be no less than .050
inches or .3302 mm. Letter and line spacing for control pencil
drawings shall be no less than .050 inches and for ink drawings no
less than .040 inches. When more than one sheet is required, all
sheets shall be numbered and of the same size, with match marks to
guide preparation if composite maps, and an index map on a sheet of
the same size as the sectional maps shall be filed, which shall
show, among other things, sectional map numbers, all lot and block
numbers, and street names. In addition, a small scale location map
showing the property shall be required. The final plat shall show
the following data, and shall be completed and processed as
indicated:
(a) Subdivision name, date plat was prepared, graphic scale
and north arrow.
(b) A certificate endorsed by a certified civil engineer or
land surveyor indicating source of title of the owner of
the land subdivided and place of record of the last
instrument in the chain of title. When the plat is of
land acquired from more than one source, outlines of the
several tracts shall be indicated on the plat. The
certificate shall further state that the subdivIsion is
entirely within lands owned by the subdivider and that
monuments shown on the plat have been put in place and
that their location and character are correctly shown.
(c)Protective covenants in form for recording.
(d) Each plat or deed of dedication to which the plat is
attached shall contain a statement as follows: "The
platting or dedication of the following described land
(here insert correct description of the land subdivided)
is with the free consent and in accordance with the
desire of the undersigned (Indicate owners, proprietors
and trustees, if any)..." This statement shall be signed
by such persons and acknowledged before an officer
authorized to take acknowledgement of deeds. When thus
executed and acknowledged, such plat, upon final approval
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and in accord with other provisions specified herein,
shall be filed and recorded in the office of the clerk of
the circuit court of the city.
(e) On the face of the plat, a place shall be prepared to
receive the signature, with date, of the planning
director and other affected agencies, which signature,
when affixed, shall indicate approval of the final plat.
A place shall also be prepared to receive the signature
and seal for the clerk of the circuit court of the city.
All required signatures shall be in a durable ink.
(f) All linear and angular dimensions for locating boundaries
of the subdivisions, lots, streets, alleys, public and
private easements. Linear dimensions shall be expressed
in feet and hundredths of a foot. Angular measurements
shall be expressed by bearings. All curve data shall be
expressed by a curve table on the face of the plat, each
curve being tabulated and numbered to correspond with the
respective numbered curves shown throughout the plat.
Dimensions, both linear and angular, shall be determined
by an accurate control survey in the field which shall be
checked for closure and must balance and close within 1
to 10,000. Horizontal control shall be based on the
Virginia Coordinate Grid System in a coordinate table
located on the face of the plat. No plat showing plus or
minus distance will be approved. Plan and profile sheets
shall be provided on all new streets and underground
utilities, as required by specifications of the
department of public works or department of public
utilities, as approved by the council of the City of
Virginia Beach. The director of public works or director
of public utilities may require such office and field
checks, respectively, as necessary to assure the accuracy
of the plat.
(g) Description and location of all monuments.
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(h) The boundary of the property being subdivided, names of
all proposed streets, and boundaries of all property
within the subdivision intended to be dedicated to public
use. In resubdivisions of existing recorded lots,
existing lot lines shall be shown by dotted lines,
resubdivisions by full lines. The map book and page
number of property being resubdivided shall be specified.
(i) Exact lengths and bearings of boundary lines of blocks,
public grounds, streets, alleys and existing locations of
all easements.
(k) Angles of departure of adjoining property, street and
alley lines, with names of abutting recorded
subdivisions. Unsubdivided abutting acreage property
shall be designated by the names of owners with deed book
reference.
(1) Widths and names of abutting or adjoining roads, streets
and alleys.
(m) A definite bearing and distance tie shall be shown
between not less than two (2) permanent boundaries on the
exterior boundary of the subdivision, and to existing
street intersections where possible and reasonably
convenient.
(n) Exact length and bearing of all lot lines, provided that
where lines in any rectangular tier of lots are parallel,
it shall be sufficient to mark the bearings for the outer
lines thereof.
(o) Designating symbols for all lots and blocks. If the
finished plat consists of one section of a proposed
larger subdivision, then the block numbers shall run
consecutively throughout the several sections of the
entire subdivision and each section shall be desIgnated
by letter or number. All lots in each block shall be
consecutively lettered or numbered.
(p) All plats of property abutting on or containing any
natural or artificial bodies of water shall show the
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approximate high water lines, bulkhead and pierhead
lines, if officially established, top to bank and toe of
slope, and where such lines are intersected by lot or
block lines, measurements locating such intersections
shall be given along such lot or block lines.
(q) When any subdivision plat or map is presented for
recordation, in addition to the requirements now in
effect, there shall be added the name of the borough in
which said property is located and the source of title of
the immediate grantor.
(r) Each final plat in any agricultural district shall
contain a statement as follows: "THIS SUBDIVISION IS
LOCATED IN AN AGRICULTURAL DISTRICT AND MAY BE SUBJECT TO
NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE
RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON NEARBY
PROPERTY."
(s) The tax map reference number or geographic parcel
identification number (GPIN #) for each lot and/or parcel
being created or referenced by the plat.
(t) Where Chesapeake Bay Preservation Areas lie within a
subdivision, the following materials shall also be
required, unless waived as unnecessary by the planning
director or previously submitted in conjunction with
preliminary subdivision review:
(1) A survey of environmental features;
(2) A landscape plan;
(3) A stormwater management plan;
(4) An erosion and sediment control plan; and
(5) A water quality impact assessment, if required by
Section 109 of the Chesapeake Bay Preservation Area
Ordinance [Appendix F].
The materials set forth in (1) through (5) hereinabove
shall contain all of the information required by section
110 of the Chesapeake Bay Preservation Area Ordinance
[Appendix F].
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(u) Every final plat of a subdivision containing any land
located in a Chesapeake Bay Preservation Area shall state
as follows: "ALL OR A PORTION OF THIS SUBDIVISION IS
LOCATED IN A CHESAPEAKE BAY PRESERVATION AREA AND IS
SUBJECT TO THE PROVISIONS OF THE CHESAPEAKE BAY
PRESERVATION AREA ORDINANCE".
(v) Every final plat of a subdivision containing any land
located in a Chesapeake Bay Preservation Area shall
delineate the boundaries of all resource protection
areas, resource management areas, intensely developed
areas and reserve sewage disposal drainfield sites as
required by section 108 of the Chesapeake Bay
Preservation Area Ordinance [Appendix F].
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The Equivalent ResideDtial Unit (ERU) calculations for
e~istiDq horizontal impervious area for each proposed lot
or Dargel, rounded ~o the Dearest tenth (0.1), mus~ be
provided.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 25th day of May , 1993.
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CA-5076
\ORDIN\PROPOSED\47-01-1ET.PRO
R-3
PREPARED: April 26, 1993
APPROVED ~,S TO
LEthAl. ~l..,i'-J I,,IENCY
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',~ ~PPROVED AS TO LEGAL
~, ,SUFFICIENCY b~,lD FORM
C'ITY ATTORNEY
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 1 AND 4 OF THE SITE PLAN
ORDINANCE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 1 and 4 of the Site Plan Ordinance of the City
of Virginia Beach, Virginia, are hereby amended and reordained to
read as follows:
Bec. 1. Definitions.
1.1. City agent. The division of engineering, department of
public works, hereinafter referred to as the city agent, is hereby
charged with responsibility for coordinating the processing of site
development plans. Accordingly, the city engineer is granted the
authority necessary to coordinate the review process; and each city
agency's review comments are to be made in writing in such form and
following such procedure as may be prescribed by the city engineer,
and shall be made a part of the permanent site development plan
application record.
Provided, however, that this grant of authority shall not be
construed to give to the city engineer a veto over any other city
agency's review comments, insofar as the comments relate directly
to their operating functions as defined by the City Code. Whenever
necessary, the office of the city manager shall arbitrate inter-
agency conflicts.
1.2. Adequate. The term adequate shall mean standards and/or
specifications as set forth in recognized engineering codes and
regulations, as approved and recognized by national engineering
organizations, except where such standards conflict with the
standards and specifications of the department of public works, as
approved by the council of the city of Virginia Beach, in which
case the latter shall control.
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1.3 Agricultural use. Shall mean any use devoted to the bona
fide production for sale of plants and animals useful to man, as
more specifically defined in section 58-769.5 of the Code of
Virginia, as amended, and under those uniform standards as may be
prescribed by the commissioner of agriculture and commerce, or
those uses devoted to and meeting the requirements and
qualifications for payments or other compensation pursuant to a
soil conservation program under an agreement with an agency of the
federal government.
1.4. Developer. Any person who desires or intends to improve
or construct any improvement upon property as described, defined,
and covered by this ordinance.
1.5. Dwelling unit. A "dwelling unit" is a room or rooms
connected together, constituting an independent housekeeping unit
for a family, and containing a single kitchen.
1.6. Dwelling, one-family. A building containing one dwelling
unit. The term is general, including such specialized forms as
one-family detached, one-family semi-detached, and one-family
attached (row houses, townhouses, patio houses, and the like).
Mobile homes, travel trailers, housing mounted on self-propelled or
drawn vehicles, tents or other forms of temporary or portable
housing are not included with the definition.
1.7. Dwelling, two-family. A building containing only two (2)
dwelling units.
1.8. Dwelling, multiple-family. A building or group of
buildings, other than a hotel, each building containing three (3)
or more dwelling units.
1,9, ~quiva!ent Residential Unit (ERU). The equivalent
impervious a~a of a single family residential developed property
Der dwellina u~it located within the city based on the statistical
aveFage horizontal impervious area of a single family residence in
the city. A~ Equivalent Residential Unit (ERU) equals 2,269 square
~eet of impervious Surface area.
1.9 1.10 Gross acreage. The total area measured in acres
within the boundaries of a zoning lot. The area of a zoning lot
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shall be the total area within the lot lines of the zoning lot,
including utility easements but exclusive of rights-of-way for
ingress or egress in favor of others, of easements for major
drainage channels, and of major bodies of water.
i.i0 1.11. Landscape design. The planned treatment of
land, structures and flora complementing building construction or
land development.
l.ll ~,12. Parcel. A piece, parcel, lot, tract or site or
other dimension of land.
1.12 1.1~. Planning director. The director of the
department of planning or his duly authorized designee.
1.13 1.14. Site development plan. Detailed drawings
indicating all building construction and land improvements
including landscape treatments which may be required by the zoning
ordinance, or in accordance with any city council action taken
pursuant thereto, or by any other ordinance of the City of Virginia
Beach.
~ 1.15. Zoning lot. A lot or any portion thereof,, or
contiguous lots of the same ownership within a single zoning
district which are to be used, developed or built upon as a unit.
1.15 ~,16. Undeveloped property. Either vacant land, or
land with a building, the existing use of which differs from its
present zoning district classification, or the existing use of
which is proposed for a change of occupancy.
Seo. 4. Information required on site development plan.
4.1. Nine (9) copies of a site plan, prepared, stamped and
endorsed by a registered engineer, surveyor or other persons duly
licensed by the Commonwealth of Virginia to practice as such, shall
be submitted with every application for approval, and shall contain
the following information:
A. Property and ownership information:
1. A location map at a scale of not less than one inch
equals 1,600 feet with the site plan clearly marked on
the location map identifying the location of the
property;
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B.
2. Present recorded property owner and map book and page
reference and deed book and page reference of the site
property;
3. Owners, lot numbers and map book/page reference of all
adjacent properties;
4. A boundary survey of the parcel prepared at a scale of
one inch equals fifty (50) feet or larger; no sheet shall
exceed 24 x 36 inches in size. The survey shall include
the acreage and/or square footage of the site and
indicate all boundaries by course and distance;
5. Iron pins ~ inch in diameter and 36 inches in length
shall be shown and installed at all lot corners, points
of tangents and any angle point along a given course of
the parcel;
6. All property information shall be certified by the
engineer or surveyor of the project;
7. Existing zoning;
8. Geographical parcel identification number.
Existing and required site features and improvements:
1. Streets and easements, their names, rights-of-way status
(public or private), numbers and widths. Type (class)
and width of pavement, curbs, and sidewalks.
2. Ail property line and property line curve data or
centerline and centerline curve data including radius,
delta angle, length of arc, chord and tangent shall be
shown on the site development plan.
3. Utilities of all types.
4. The topographic survey, showing the elevation of streets,
alleys, buildings, structures, water courses and their
names. The topography shall be shown by adequate spot
elevations. The finished grade for the entire site shall
be shown and the proposed first floor elevation of all
buildings (except for garages and storage areas which
shall be located at or above the one-hundred-year flood
elevation) shall be a minimum of one foot above the
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elevation of (a) the flood water of record or (b) the
intermediate flood level as determined by the U.S. Army
Corps of Engineers or (c) the flood level as determined
by the department of public works, whichever is greater.
All elevations shall be certified and referenced to
National Ocean Survey (USC and GS) datum 0.00 mean sea
level. All horizontal dimensions shown on the site
development plan shall be in feet and decimals of a foot.
All bearings in degrees, minutes and seconds.
Additionally, on all residential site plans (single-
family, two-family, duplex and townhouses) the following
information must be provided:
a. The following statements shall appear on the site
plan:
(1) "The lot grading on this plan is in accordance
with the latest subdivision construction plan
submitted to and approved by the city engineer
on (indicate date of approval)."
(2) "The lowest finished floor elevation shown is
one foot above the one-hundred-year floodplain
as adopted by the City of Virginia Beach."
(Exception--detached residential garages and
storage areas shall be located at or above the
one-hundred-year flood elevation.)
(3) The elevation of the curb (if existing or
proposed) in front of each lot shall be
indicated.
(4) Elevations of the top of bank and toe of slope
and limits of fill necessary to construct the
dwelling unit, including access, shall be
indicated.
5. Number of floors, dimensions, and location of each
building and proposed use for each building shall be
indicated. If a multi-family, townhouse, or hotel
development is submitted, a specific schedule showing the
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following information shall be included on the face of
the plan:
a. The dwelling units and/or lodging units per gross
acre of the project;
b. Breakdown of the number of bedrooms;
c. Percent of parcel devoted to recreation. Provided
further, if the breakdown of number of bedrooms
should change prior to the issuance of a building
permit, the builder or developer shall notify the
city agent by letter of such change; if the number
of units does not increase and if the dimensions or
position of the building structures do not change
then additional site plan approval will not be
necessary.
6. All off-street parking and parking bays, loading spaces
and walkways indicating type of surfacing, size, angle of
stalls, width of aisles and a specific schedule or the
face of the site plan showing the number of parking
spaces provided and the number required in accordance
with the Virginia Beach zoning ordinance.
7. Existing and proposed storm drainage easements and the
direction of drainage flow in streets, storm sewers,
valley gutters, streams and ditches. Indicate all
contributing areas in acres for storm drainage
calculations. Drainage area maps and drainage
calculations shall be submitted to the city agent upon
request.
8. All existing and proposed water, sanitary sewer
facilities indicating pipe sizes, types and grades shall
be shown. Connections into existing or proposed central
water and sewer systems shall be shown.
9. Provision and schedule for the adequate control of
erosion and sedimentation shall be in accordance with
article III of chapter 30 of the Code of the City of
Virginia Beach (City Code Sections 30-56 through 30-78).
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10. Landscape design and land use buffer plan in accordance
with the design standards of the department of planning,
as approved by the council of the City of Virginia Beach,
shall be required. Where Chesapeake Bay Preservation
Areas are located on a site, landscaping design and
buffer area plans shall be in accordance with Section 110
of the Chesapeake Bay Preservation Area Ordinance.
11. A definite distance tie to an existing street
intersection shall be provided.
12. Location and identification of existing graves and
objects or structures marking a place of burial shall be
shown.
13. For development or redevelopment having a construction
footprint exceeding two thousand five hundred (2,500)
square feet in Chesapeake Bay Preservation Areas, there
shall, except if waived as unnecessary by the Chesapeake
Bay Preservation Area Review Committee, also be provided
all elements of the plan of development as required by
Section 110 of the Chesapeake Bay Preservation Area
Ordinance. The terms "development," "redevelopment" and
"construction footprint" shall be as defined in section
103 of the Chesapeake Bay Preservation Area Ordinance.
14. Where required by section 109 of the Chesapeake Bay
Preservation Area Ordinance, there shall also, except if
waived as unnecessary by the Chesapeake Bay Preservation
Area Review Committee, be provided a water quality impact
assessment containing all of the elements required
therein.
15, The equivalent residential unit (ERU) calculations for
e~istinq and proposed horizontal impervious surface ~rea
~ounded to the nearest tenth (0.1), shall be shownu
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 25th day of May , 1993.
CA-5077
\ORDIN\PROPOSED\ 46-001ET. PRO
R-1
PREPARED: March 25, 1993
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Item III-J. 1.
APPOINTMENTS
ITEM # 36842
BY CONSENSUS, City Council RESCHEDULED the .following APPOINTMENT:
FRANCIS LAND HOUSE BOARD OF DI~CTORS
May 25, 1993
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Item III-K. 1.
UNFINISHED BUSINESS
ITEM # 36843
ADD-ON
Councilman Dean advised the Community Organization Incentive Grant Commission had a finalized
meeting on last night, Monday, May 24, 1993. All the necessary awards were made to all the various
nonprofit organizations in the City as per instructions of City Council. The City Council will be receiving
a copy of all the review letters and subsequent awards.
May 25, 1993
Item III-L. 1.
NEW BUSINESS
ITEM # 36844
Upon motion by Vice Mayor Sessorns, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-2 of the Code of the
City of Virginia Beach, Virginia, re curfew for minors.
(Sponsored by Mayor Meyera E. Oberndorf)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
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Requested by Mayor Meyera E. Oberndorf
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 23-2 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO CURFEW FOR MINORS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-2 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Section 23-9-. Curfew for minors.
(a) It shall be unlawful for any minor under the age of
eighteen (18) to be present on any street, road, alley, avenue,
park or other public place in the city, or in any vehicle operating
or parked thereon, between the hours of 12:01 a.m. 11:00 p.m. and
5:00 a.m., unless accompanied by the parent, guardian or other
adult person having the care, custody or control of such minor._~-~o-~
'~,,~ ,~. .i,.. ~... ~. ~.,~ ./,. & ,i, ,.L. J, & ~,~ %.,~ ,.I...i. '~..* ~.,~ ~....~..~ %..,..,./ & J...I. ~.,~ ,~ .t.. ~,.,t. '~.,. ~,,.,., ~.,~ ~- .&. ~,.,. ,,..~ ..I. %,~. ~,.... J. ,I, ~ ~.... .L...,I. ~.,~ .I. LI. 'b.~,l. J. ~ ,~,.,~ ..L. %,~. ',,~. ~,.~
.... ~.~¢ ....... , ....... n~ has ~.ttcn ~ ...... ss.on by the
%:pO~, .... """" ""' "'~'"'"'"
(b) It shall be unlawful for any parent, guardian or other
adult person having the care, custody or control of any minor under
the age of eighteen (15) to permit, allow or encourage such minor
to be present on any street, road, alley, avenue, park or other
public place in the city, or in any vehicle operating or parked
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thereon, between the hours of 12:01 a.m. ~1:00 p.m. and 5:00 a.m.
in violation of the provisions of subsection (a) of this section.
(c) Whenever any police or other officer charged with the
duty of enforcing the laws of the state or ordinances of the city
shall discover or has his attention called to the fact that any
minor under eighteen (18) years of age is present on any street,
road, alley, avenue, park or other public place in the city, or in
any vehicle operating or parked thereon, between the hours of 12:01
a.=. 11:00 P.m. and 5:00 a.m., such officer shall make an immediate
investigation for the purpose of ascertaining whether or not the
presence of such minor is in violation of the provisions of this
section. If such investigation reveals that the presence of such
minor is in violation of the provisions of this section, the
officer may charge the minor with a violation of this section and
release the minor on a summons, or the officer may cause the minor
to be taken to his home or place of residence, and released to his
parent, guardian or other adult person having the care, custody or
control of such minor. If the officer deems that it will be for
the best interest of the minor, the minor may be taken to a non-
secure state certified crisis center or juvenile shelter, or the
minor may be taken to the intake division of the juvenile and
domestic relations district court of the city and thereafter be
released or detained as provided in article 4, chapter 11, title
16.1 (§16.1-246 et seq.) of the Code of Virginia. In those cases
where a summons is not issued, the officer may proceed as provided
in article 4, chapter 11, title 16.1 (§16.1-259 et seq.) of the
Code of Virginia.
(ed_) The provisions of this section shall not apply to any
minor who has been emancipated as provided by section 16.1-333 of
the Code of Virginia~, or to any minor engaged in the following
activities;
(1) Any emergency errand reasonably necessary to
safeguard life, limb or property;
(2) Lawful employment, including going directly from
the minor's residence to the place of such
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employment or returning directly from the place of
such employment to the minor's residence;
(3) Attendance at a specified engagement or
performance, attendance at religious services or
participation in any assembly or expressive
activity protected by the First Amendment of the
United States Constitution; provided that the minor
shall have in his possession written permission
includinq the signature, address and telephone
number, of a parent, guardian or other adult person
having care, custody or control of such minor to
attend such activity or event, and shall return
directly to his residence upon conclusion thereof;
or
(4) Interstate travel through, beginning or
terminating in the City of Virqinia Beach.
(~_e) Any person violating any provision of subsection (b) of
this section shall be guilty of a class 4 misdemeanor. Any minor
violating any provision of subsection (a) of this section shall be
deemed to be a child in need of services, as defined by section
16.1-228 of the Code of Virginia. an~ s~uch minor and his parent,
guardian, legal custodian or other person standing in loco parentis
shall be subject to the provisions of section 16.1-27~278.4 of the
Code of Virginia.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 9~h day of M.. , 1993.
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CA-4782
\ORDIN~PROPOSED~23-002. PRO
R-8
Prepared: May 19, 1993
Item III-L.2.
NEW BUSINESS
ITEM # 36845
ADD-ON
Councilman Baurn referenced correspondence from the Staff of the Recreation Centers expressing
concerns relative the extension of hours.
Councilman Lanteigne advised Susan Walston, Director of Parks and Recreation, had a meeting with her
staff and a miscornmunication was involved. It was not the City Council's intent to leave these Centers
open until midnight. For increased security, the City Council had discussed having a police officer at the
Centers from 7:00 until a 'half hour after closing.
By reducing the curfew to 11:00 P.M., the hours of the Centers will only be extended to 10:30 P.M More
accurate information has been provided to the staff of the Recreation Centers.
May 25, 1993
- 43 -
Item III-L. 3.
NEW BUSINESS
ITEM # 36846
Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-118 of the Code
of the City of Virginia Beach, Virginia re water skiing or
surfboarding; and, ADDING new Sections 6-22 and 6-121.1 re
eluding police officer and jumping front bridge or public fishing
pier, respectively.
Councilman Lanteigne advised he was actually sponsoring Section 6-22. Other amendments are to bring
the City Code into compliance with state statute.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
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AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-
118 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, AND ADD NEW SECTIONS 6-22 AND
6-121.1, PERTAINING TO BOATING ACTIVITIES -
WATER SKIING/SURFBOARDING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-118 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained and Sections 6-22 and 6-
121.1 are hereby added to read as follows:
Section 6-22. Diving or jumping from bridges, piers.
(a) It shall be unlawful for any person to dive or jump from
any bridge over any watercourse in the city, or from any public
fishing pier.
(b) The provisions of this section shall not apply to any
person attempting a rescue or in any other emergency.
Section 6-118. Water skiing or surfboarding prohibited during
certain hours.
(a) It shall be unlawful for any person to operate a motor
boat on any waters in this city towing a person or persons on water
skis, surfboards or other similar devices, between the hours from
one-half hour after sunset to one-half hour before sunrise, and it
shall be unlawful for any person to engage in water skiing,
surfboarding or other similar activities on any of the waters in
the city during such hours.
(b) A violation of this section shall be punished by a fine
of not more than fifty dollars ($50.00).
Section 6-121.1. Disregarding signal by law-enforcement officer
to stop; attempts to elude; penalty.
(a) Any person who, having received a visible or audible
signal of a flashing light or siren from any game warden or other
law-enforcement officer to bring his motorboat or other vessel to
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a stop, fails to do so promptly shall be guilty of a Class 3
misdemeanor.
(b) Any person who, havinq received a visible or audible
signal of a flashing light or siren from any game warden or other
law-enforcement officer to bring his motorboat or other vessel to
a stop. (i) operates or navigates such motorboat or other vessel in
willful or wanton disregard of such signal so as to endanger the
life of the law-enforcement officer or other persons or to
interfere with the operation of a law-enforcement vessel, or (ii)
increases his speed and attempts to escape or elude a law-
enforcement officer shall be guilty of a Class 1 misdemeanor.
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1993.
Sections 6-118 and 6-121.1 shall become effective July 1,
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 25 th day of May , 1993.
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CA-5129
XORDINXPROPOSEDX06-118ET.PRO
R-1
PREPARED: May 13, 1993
Item III-L. 4.
NEW BUSINESS
ITEM # 36847
ADD -ON
Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council AGREED TO ADD
TO THE AGENDA:
Resolution urging the Federal Government retain Naval Air Station -
Oceana within the City of Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, John D. Moss, Mayor Meyera
E. Oberndorf, Nancy Ii Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
*This item was voted upon prior to the CONSENT AGENDA
May 25, 1993
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A RESOLUTION URGING THE FEDERAL
GOVERNMENT NOT TO CLOSE NAVAL AIR
STATION OCEANA, VIRGINIA BEACH,
VIRGINIA
WHEREAS, the federal government is engaged in the process of
eliminating military installations deemed unnecessary or redundant
in consideration of current budget restraints and national defense
needs;
WHEREAS, Naval Air Station Oceana, Virginia Beach, Virginia is
being considered for closure under this program;
WHEREAS, Hampton Roads is host to the largest and most varied
assembly of naval activities in the eastern United States, a
massive presence of aircraft carriers and other surface ships of
all types, and major support activities;
WHEREAS, Naval Air Station Oceana is home base to twelve
fighter aircraft squadrons, six attack aircraft squadrons, and one
reserve fighter squadron comprising two hundred and sixty front-
line fleet aircraft, and is strategically located on the East Coast
to support the vital naval air warfare component of our national
defense;
WHEREAS, Naval Air Station Oceana employs approximately 10,000
military personnel and 1,500 civilians, and contributes $450
million to the Greater Hampton Roads economy through its payroll
and purchases of supplies and services; and
WHEREAS, closing of Naval Air Station Oceana would deprive the
Navy of a critically located base of immeasurable importance;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That City Council recognizes the unique and irreplaceable
contribution of Naval Air Station Oceana to the national defense,
and strongly urges that the Base Closure and Realignment Commission
not include this command in their list of activities recommended
for closure.
Adopted by the Council of the City of Virginia Beach,
25 May
Virginia, on the day of , 1993.
CA-5156
ORD IN \ NONCODE \ NAS. RES
R-2
PREPARED: MAY 25, 1993
NEW BUSINESS
ITEM # 36848
ADD-ON
Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council ADOPTED:
Resolution urging the Federal Government retain Naval Air Station -
Oceana within the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, I[I, James W. Brazier, Jr., Robert W.
Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy 32 Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 25, 1993
Item III-M. 1.
ADJOURNMENT
ITEM # 36849
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 9:20 P.M.
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
May 25, 1993