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DECEMBER 7, 1993 MINUTES Cit:v- <=>1 Virgi~iE:t I3CElCh "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILUAM D SESSOMS JR, At Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH //I, VlTglma Beach Borough JA\1ES W BRAZIER, JR, Lynnhaven &rough ROBERT W CLYBURN, KempsvIlle &rough ROBERT K DEAN, Pnncess Anne Borough LOUIS R JONES BaYSlde Borough PAUL J LANTEIGNE, Pungo Borough JOHN D \10SS, At Large NANC'r K PARKER, At Large JAMES K SPORE, CIty Manager LE~L/E L LIUEY, CIty Attorney RUTH HODGES SMITH, CMC i AAE, CIty Clerk CITY COUNCIL AGENDA 28/ (I1Y H4.LL fJl'/l DI."iC, \1U"IICIP4L C E.\i I ER V1RC'¡NI4 BEAU1 VIRC,I.\iI4. 2i45tJ <}()O, IXO41 42ì 430] DECEMBER 7, 1993 I. CITY MANAGERIS BRIEFING - Council Chamber - 11m N/c A. PUBLIC RELATIONS PLAN Pamela M. Lingle, Director, Public Information II. CITY COUNCIL WORKSHOP A. PENDING ITEMS LIST III. INFORMAL SESSION - Council Chamber - 11m PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 200 FM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi Israel Zoberman Congregation Beth Chaverim C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1 . INFORMAL & FORMAL SESSIONS - November 23, 1992 G. H. I. PUBUC HEARING 1. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION a. Diamond Springs/Gardenwood Parks Civic League, Inc. RESOLUTIONS/OR DI NANC E 1. Resolution supporting legislation at the 1994 General Assembly Session to designate real and personal property owned by Diamond Sprlngs/Gardenwood Parks Civic League, Inc., as being exempt from State and Local Real and Personal Property Taxation. 2. WATER and SEWER REVENUE AND REFUNDING BONDS, SERIES OF 1993: a. Resolution providing for the sale of Water and Sewer Revenue Refunding Bonds, Series 1993, not to exceed $48,075,000, heretofore authorized; and, authorizing execution of the Bond Purchase and Escrow Deposit Agreements b. Second Supplemental Resolution, amending Resolution adopted February 11, 1992, entitled -Master Water and Sewer Revenue Bond Resolution...H (amount of Refunding Bonds to be determined at time of sale) 3. Ordinance, upon SECOND READING: FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $110,853,544 for the FY 1993-1994 Capital Budget, subject to funds being provided from various sources. 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. 1 . Ordinance to adopt the Comprehensive Housing and Neighborhood Strategy as this City's official policy; and, authorizing the City Manager submit a Comprehensive Housing Affordability Strategy, based on such strategy, to the U.S. Department of Housing and Urban Development. 2. Ordinance to ACCEPT and APPROPRIATE $19,000 from two (2) Virginia Department of Motor Vehicle (DMV) Grants re enhancing the Habitual Traffic Offender Program and selected traffic enforcement areas. 3. Ordinance to APPROPRIATE $16,200 from Francis Land House Trust Fund re operating expenses and purchase of access equipment and period furniture. 4. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY NITE LIFE MARINA, INC. DIAMOND CAB COMPANY 5. Ordinance authorizing tax refunds in the amount of $3,647.71. 6. Ordinance authorizing license refunds in the amount of $21,027.11. J. APPOINTMENTS BOARD OF BUILDING CODE APPEALS (New Construction Division) CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION RESORT AREA ADVISORY COMMISSION SCHOOL BOARD SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) TIDEWATER DETENTION HOME (Less Secure Unit) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH CRIME TASK FORCE Resignation VIRGINIA BEACH FOUNDATION, INC. K. UNFINISHED BUSINESS 1. COUNCIL-SPONSORED ITEM: a. Ordinance establishing a Legislative Committee for the purpose of making recommendations to City Council re Cityls Legislative Package; and, APPROPRIATE $1,800 from the General Fund Reserve for Contingencies for the purchase of City Flags with staffs and bases to be displayed in the Richmond Office of each of the Members of the City's local delegation to the General Assembly. (Deferred: November 23, 1993) (Sponsored by Council Member James W. Brazier, Jr.) L. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution requesting the General Assembly enact enabling legislation re repair or removal of defacements of buildings and structures. (Sponsored by Mayor Meyera Oberndorf and Council Member Linwood Branch) b. Resolution directing the Public Library Board review and reevaluate the Ubraryls current policy re permitting the unrestricted accessibility of adult- oriented materials to minors. (Sponsored by Council Member Paul J. Lanteigne) M. ADJOURNMENT ************* COUNCIL SESSIONS CANCELLED December 28, 1993 ************* CITY COUNCIL WORKSHOP SOUTHERN RURAL PRESERVATION AREA Pavilion Conference Room January 8, 1994 9:00 AM ************* If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM (TDD - Telephonic Device for the Deaf) 12/02/93/cmd AGENDA \12-07 -93.1TM MINUTES City- e>f Virgir1ia Beach WilLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 December 7, 1993 Mrs. Ruth Hodges Smith, CMC/ AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the December 7, 1993, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda, other than the resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, in which I have a llpersonal interest, II as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, dJtd)~ William D. Sessoms, Jr. Vice-Mayor WDS,Jr./dmc -2- CITY MANAGER 'S BRIEFINGS PUBLIC RELATIONS PLAN 11 :00 A.M. ITEM # 37445 Pamela M. Lingle, Director - Public Information, presented the first city-wide Public Relations Strategic Plan. This plan outlines the most important areas/issues believed to be addressed through a public relations management approach. This plan was developed with opportunity for input from every department and agency both in the initial planning stage and after completion of the first draft. It has been reviewed by the Management Leadership Team. Mrs. Lingle introduced the members of the Public Relations Planning Team: Community Development and Revitalization Team VirginÜl C. Malinsky, APR - Economic Development Department Internal Services Team Gwen K. Cowart - Video Service Department Human Services Team/Productivity Rightsizing Team Dr. Dennis Wool - Community Services Board Public Safety Team J. Curtis Fruit - Clerk of the Circuit Court Library, Recreation and Cultural Team Martha J. Sims - Public Libraries Department City Manager's Office Linda A. Champion Human Resources Department Mary Lopez Economic Development Department W. Andrew Burke Convention and V,sitor Development Department James B. Ricketts Ron Kuhlman Public Information Office Pamela M. Lingle Diane C. Roache, APR Katherine Jackson Outside Expertise Judy Baker, APR Director of Public Relations, Westminister-Canterbury President, Hampton Roads Chapter of the Public Relations Society of America Sharon D. Freeman, APR Public Relations Planning Facilitator Beth Ann Lawson - Public Utilities Department December 7, 1993 -3- CITY MANAGER'S BRIEFINGS PUBLIC RELATIONS PLAN ITEM # 37445 (Continued) Citizens must ultimately guide and direct their government. To do this, in a meaningful way, they must understand what government is doing and intends to do. Thus, the question for City government is not whether it should communicate with the public; the question is whether the government chooses to place a high priority on effective communications to help activate community goals. The purpose of the Public Relations Plan is to communicate and promote the following key messages: Excellence and Value Exceptional Quality of Life Pride and Trust Mutual Respect and Understanding Citizen - involved Government Positive Community Identity Effective Two- Way Communication The Target Audiences throughout the plan changed, depending upon the goal, the objective and strategy; however, throughout the plan, the Target Audiences are: Individual citizens, community groups, city volunteers Elected and appointed officials Municipal leaders, agencies and employees Local, regional, national and international media Minority groups Educators, students and parents Business community Economic development clientele, tourism clientele State and federal legislators As part of the initial planning stages, the Team analyzed existing trends, issues, strengths and weaknesses. Several key short term and long term needs were identified: Positive community and corporate identities Enhanced customer oriented workforce Effective media relationships Broader based citizen involvement Expanded public/private partnerships Diversified economy Expanded tax base Expanded tourism opportunities Mrs. Lingle advised the goals, strategies and tactics prepared by the City's Public Relations Team: GOAL 1 Increase Virginia Beach residents' awareness of and participation in municipal decision making processes and partnerships, thus building mutual understanding of and support for citizen-involved government. OBJECTIVE 1: Create additional opportunities for all citizens to participate In governmental decision making and operation. December 7, 1993 -4- CITY MANAGER'S BRIEFINGS PUBLIC RELATIONS PLAN ITEM # 37445 (Continued) Strategy A: Increase the amount of direct and interactive communication between residents and the municipal organization. Strategy B: Enhance methods of obtaining public input on the operating budget, capital improvement program, City Council priorities, and other major City projects to cultivate atmosphere where meaningful dialogue is created and valued. Strategy C: Develop and implement methods to recognize VIrginia Beach citizens' involvement in city task forces and decision making processes. OBJECTIVE 2: Increase quality customer service throughout the organization. Strategy A: Support and implement recommendations of the current City Customer Service Enhancement Team when adopted. This plan is currently under development OBJECTIVE 3: Increase number and effectiveness of public/private and public/public partnerships for the innovative management of community resources and opportunities. Strategy A: Aggressively seek opportunities to match private and public resources with community and municipal initiatives to create mutually beneficial partnerships and to leverage resources to solve community problems. OBJECTIVE 4: Foster respect and appreciation for the value of VIrginia Beach's cultural diversity. Strategy A: Create an awareness of the variety of cultures and ethnic groups in VIrginia Beach and their contributions to community identity and quality of life. Strategy B: Provide opportunities for ethnic minorities, women, the disabled, etc., to be more involved in municipal government to bring greater representation to government processes and services. OBJECTIVE 5: Support the Public Information Office efforts to inform the public and enhance public relations for the City government with major focus on City Council identified community goals. OBJECTIVE 6: Promote community pride in VIrginia Beach as an exceptional community in which to live, work and spend leisure time. Strategy A: Clarify what the VIrginia Beach "community identity" is and analyze where the community wants to be and how to get there. Strategy B: Increase opportunities for expression of pride by residents, businesses and City organization. Strategy C: Publicize VIrginia Beach regionally and nationally as an exceptional community. December 7, 1993 -5- CITY MANAGER'S BRIEFINGS PUBliC RELATIONS PLAN ITEM # 37445 (Continued) OBJECTIVE 7: Develop effective media relations programs and seek balanced media coverage of VIrginia Beach. Strategy A: Analyze current media coverage and develop methods to increase the positive media coverage received by the City locally, regionally, statewide and nationally. GOAL 2 Increase the communication of a positive identity for VIrginia Beach among internal and external target publics to enhance the City ~ economic vitality and overall quality of life for the community and region. OBJECTIVE 1: Support on-going Economic Development public relations efforts to establish Vlrignia Beach as a nationally and internationally recognized corporate location and destma tz on. Strategy A: Continue the Economic Development Information campaign to tell the VIrginia Beach story to the local, regional, national and international levels establishing awareness, understanding, support, energy and enthusiasm. OBJECTIVE 2: Support on -going Convention and VIsitor Development public relations efforts to position and strengthen VIrginia Beach as a nationally and internationally recognized positive tourism and conventwn destination. Strategy A: External - Increase visitation and convention bookings. Strategy B: Increase private sector infrastructure inve5'tment. Strategy C: Internal - Increase citizen awareness of benefits of tourism industry. OBJECTIVE 3: Support current and promote new regwnal public relations efforts to establish Hampton Roads as a culturally rich, geographically, and historically rich region In which VIrginia Beach is a prime player. Strategy A: Support Hampton Roads Plan 2007, Forward Hampton Roads, Hampton Roads Chamber of Commerce, etc., as deemed appropriate by City leadership. After comments are received from City Council, the Public Relations Planning Team will develop an implementation plan with the goal of completion being January for distribution to departments and agencies. Drafts of this Plan are available from the Public Information Office and are hereby made a part of the record. Mayor Oberndorf advised this Plan is currently in effect in Orlando, Florida. On Saturday, December 4, 1993, six thousand (6,000) volunteers started at City Hall to personally distribute 70,000 newsletters to the homes of individual citizens thus saving the Mayor postage and allowing her to discuss Issues of concern. The Orlando Sentinel also gave her front page coverage each and every day leading up to this volunteer effort of distribution. December 7, 1993 -6- CITY COUNCIL WORKSHOP PENDING ITEMS LIST 11:43 AM. ITEM # 37446 The Pending Items List was distributed to City Council and is hereby made a part of the record. December 7, 1993 -7- ITEM # 37447 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, December 7, 1993, at 11.45 A.M. Council Members Present: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Absent: John A. Baum, Paul J. Lanteigne and John D. Moss December 7, 1993 -8- ITEM # 37448 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of VIrginia, as amended, for the following purpose: . 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 Board of Building Code Appeals Chesapeake Bay Preservation Area Board Community Services Board Francis Land House Board of Governors Planning Commission Resort Area Advisory Commission School Board Southeastern VIrginia Areawide Model Program Tidewater Detention Home VIrginia Beach Community Development Corporation VIrginia Beach Crime Task Force VIrginia Beach Foundation, Inc. Norfolk Airport Authority : Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Burton Station Mount Trashmore II Southeastern Expressway VIrginia Beach Borough ~: Consultation with legal counselor 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: Waste Management Issues. Upon motion by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent: John A. Baum, Paul J. Lanteigne and John D. Moss December 7, 1993 -9- FORMAL SESION VIRGINIA BEACH CITY COUNCIL December 7, 1993 2:00 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, December 7, 1993, at 2:00 P.M. Council Members Present: 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 nce Mayor WIlliam D. Sessoms, Jr. Council Members Absent: None INVOCATION: Rabbihrael Zobennan Congregation Beth Chaverim CA December 7, 1993 - 10 - ~ CERTIFICATION OF EXECUTIVE SESSION ITEM # 37449 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. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf, John D. Moss, Nancy K Parker and nee Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. December 7, 1993 1ßtønluttnu 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 # 37448, Page No.8, 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 memberls 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. ~.t..l ~~~ uth Hodges Smith, CMC/AAE City Clerk December 7, 1993 - 11 - ~ MINUTES ITEM # 37450 Upon motion by Vzce Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 23, 1993. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, John D. Moss, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. December 7, 1993 - 12 - ~ PROCLAMATION ITEM # 37451 ADD-ON Mayor Oberndorf PROCLAIMED: DECEMBER 10-16, 1993 VIRGINIA BEACH HUMAN RIGHTS WEEK AND DECEMBER 15,1993 VIRGINIA BEACH HUMAN RIGHTS DAY Colonel Angel L. Morales, Chairman of the Human Rights Commission, ACCEPTED the Proclamation. Members in attendance joined the Chairman: Dr. Joshua F. Edwards, Sr., W. Frank Patterson and VIce chair Helen P. Shropshire. Fagan Stackhouse, Director of Human Services, also represented the Commission. Mayor Obemdorf called upon all citizens to attend the Forum on Human Rights, pledging to do all within their power to make this an occasion that will benefit persons of all races, providing enhanced understanding among citizens throughout the year and far into the future December 7, 1993 'rntlamatinu DII Œ.JŒAJ : rl'Cugnl~lun ur l'hl' inhcrcn~ ðignih\ anð equal anð inalienable riphts of all members uf ~he human famllH IS ~he ruunða~lun uf freeðom, justice, anð JJeace in the worlð, IDI Œ.JŒAJ : ~he General AssemblH of ~he UnHeð Nations, on December 10, 1948. ðeclareð a Universal DeclaratlUn uf Human Rights, anð has since ðeclareð the meek of Dectmber 10 through 16, of each Hear, as 1n~crnational Human Rights meek, anð December 10 as Human RIghts DaH, encouraging all lIuhvll1uals anð every organ of society to l'ðucate anl1 promote resJJect for human riqh~s through effecHve recognition i1nð observance of these lIates; anl1, JÐI Œ:Ra$ : ~he Uirginla Drach Human Rights Commission is encouraging tHy-wille recognlt:lon anð observance of NUllan Rights meek anll Nuaan Rights Day by sJJonSOrlng a forum on December 15, 1993. NÐm, tJŒJŒfmŒ, 1, meHera Eo Obcrn¡)orf, mayor of the cnU of Uirginia Beach, Ulrginla, lIO hereby PROCCA1CI: PUEDEi 10 - 16. 1993 UIRG1HIA BUCJ! JaaAI Rl(;J((J IEIJC AND PECDIBEi 15, 1993 UIRGINIA BUCII JWfWI Rl(;J((J DAY anll call uJJon all cI~i!ens hI itl'l'rnll l'he forum on Human Righ~s, JJlellging to ðu all within l'helr power hI maRe ~IIlS an l1CCaSIOn that mill benefit persons of all races, JJrovllhng enhanccl1 unðcrstanðlng among Clt:uens throughout the Hear anð far Into the future. IN IDIOŒJJ lDIŒ:aa)f, 1 have hereunto set my hanð anll causell the Official .iNl of t:he Clt:y of Ulrglnla Beach, Ulrglnla, ~o be arflxeð this '¡evcnth dilH of December, Nineteen Itunðrcð anl1 NlnetH-(hree. ~t, meyera E. Obcrnðorf mayor - 13 - Item IY-G.l.:.. ITEM # 37452 Mayor Oberndorf DECLARED A PUBliC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION Diamond Springs/Gardenwood Parks Civic League, Inc. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 7, 1993 - 14 - ~ RESOL UTI 0 NS/ORDINANCES ITEM # 37453 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution supporting legislation at the 1994 General Assembly Session to designate real and personal property owned by Diamond Springs/Gardenwood Parks Civic League, Inc., as being exempt from State and Local Real and Personal Property Taxation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf, John D. Moss, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. December 7, 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 1 2 3 4 5 6 7 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY DIAMOND SPRINGS/GARDENWOOD PARK CIVIC LEAGUE, INC. AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 8 WHEREAS, property located in the City of Virginia Beach 9 and owned by Diamond Springs/Gardenwood Park civic League, Inc. is currently subject to ad valorem taxation; WHEREAS, Diamond Springs/Gardenwood Park civic League, Inc. has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6 (a) (6) of the Constitution Virginia to designate and personal the real of property of Diamond Springs/Gardenwood Park civic League, Inc. as being exempt from state and local real and personal property taxation; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04 of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Diamond springs/Gardenwood Park civic League, Inc. should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Diamond springs/Gardenwood Park civic League, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Diamond springs/Gardenwood civic a benevolent Park League, Inc. as corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Diamond SpringsjGardenwood Park civic League, Inc. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of December , 1993. CA-5363 ORDIN\NONCODE\DIAMOND.RES R-1 PREPARED: 11/10/93 ~ a '..." 9, ,~"""".' ".r " :: ."- ,- ",': ~ l" "") 't.J ) " '1--, . I l;,. ':.' ~\l ; ~"'"¡~-"',,,.. :J 'A - ,.... - ,. ¡¡ :.1 ~t~ ----1['":r 7-.-- ,,--..as- 2 - J ill r? ~I r;:J np.np ~ - . . ¡ : I ,. ,... - I - J t I -- '--' I~ U.. . I J \ ( j . , , I , '~ OCT 2~ 1993 L:J . " . (~ ~~~m~[ID APPLICATION TO CITY OF VIRGINIA BEACH FOR CITY Mð :,^ ~;~}; NOV 2 1993 EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION ClT't OF ~':?G:~'\:A Btl-.CH -, o~r'CE at: THE ~L ESï A TÁþ~iiOR Please fJ.ll out thJ.s fprm and submJ.t same to the CJ.ty Manager, HunlcJ.pal Center, VLrginia Beach, V1rgJ.ßia 23456. In any instance where additJ.onal space is needed to complete your answer to a partJ.cular question, please utJ.IJ.ze a separate sheet of paper and attach J.t to thJ.s applicat~on. #' < Formal Name of Corporation/Organization: .. Diamond Springs/Gardernwood Park Civic League, Inc. orT 2 9 $3 Address: 5652 Haden Rd., Virginia Beach, Va. 23455, P.o. Box 5182. Telephone Number: 464-6358 1. Is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? YES 2. For what purpose is the group chartered? For the improvement and betterment of the commun~ty 3. Describe in detail and specify the location of all real and personal property for which exemption is sought. Plat 0109 0008, PIN #1469 26 0510 0000, Little Creek. Bayside Borough; Also commonly known as 5652 Haden Rd., Virginia Beach, Va. 23455 4. List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel Parcel Description: Above Description: Assessed Value: Assessed Value: Land: $ 24,500 Land: $ Improvements: $ 38,000 Improvements: $ Total Assessed Total Assessæ Value: $ 62,500 Value: $ 5. List the present tax assessment, by tax b~ll, of personal property for which the exemption is sought. NONE 6. For what purpose is the real property currently being usep? If there are several types of use for a single parcél, indicate such usages by areas of the buildings and fl~or locations. Civic League meetings, Cub Scouts, Brownie Scouts, Boy Scouts a. Does any other inàividual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. NO b. Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reLmbursement for necessary expenses for services incurred? If yes, give all details. NO 7- With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. Not Applicable 2 ~ 10.. 12. -s -I .8. Is the organization exempt from taxation pursuant to Section SOl(c) of the Internal Revenue Code of 1954? If so, attach docWTIentation. YES, Document attached I' 9. Has the ABC Board issued a current annual 'alcohol beverage license for the service or alcohol beverages for use on the property from which tax exemption is here sought? NO Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salar~es or other compensation? NO 11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each of the past three years. NO What portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state, or federal grants? Donations shall include the providing of personal services or the contribution of any in-kind or other ma~erial services. NONE 3 ~ 13. Does the organization provlde serVlces for the common good of the public? If so, explain In detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of deterrnlng cost of the services to the recipient, and any other details you deem pertinent. YES: Boy Scouts----------------no charge Girl Scouts---------------NO Charge Brownie Scouts----------- No Charge .,' Private meetings, as space is available-----Rental to pay for use of Utilities. 14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise attempts to influence legislation? NONE 15. Has the organization ever participated in, contributed to, or intervened in any political campaign on behalf of any candidate for public office? If the answer is yes, please provide any qualifying information you deem necessary. NO 16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. No discrimination base on Religion, Race, Color, Sex, Natural origin, or age, or handicap. 17. List the narne, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. George Hughes, President 5505 Sagewood Ct. Virginia Beach~ ,Va. 23455 Carol Crossett, Treasurer 5589 Odessa Dr. Virginia B~ach, Va. 23455 464-9563 464-6358 Quendelyn Brush, Sec 5505 Sagewood Ct Virginia Beach, Va. 464-9563 4 ""'~ 18. (b) (c) ( d) (e) -, - In aåëi\:ion information: above, the please provlde the following to ( a) A copy of the organlzation's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the organlzation's last fiscal period). Attached A detailed listing of the curre~t salaries and/or ot~er compensation of the officers and directors of ¿the organization. In addition, please speci=y as to each officer or director so listed, the basls of the listed salary or compensation (i.e., annually, per meeting, hourly, commission, etc.). NONE List the salary ranges of each employee position classification and list the number of full-time and part-time emplovees in each such classiflcation. - NONE Specify what percentage of gross income of the organization was required to pay real and personal procerty taxes for each of the last three years. . APPROX 11% Explain in detail why the City Council of the City of Virginia Beach should recommend to the General Assembly of Virginia that this organization should be exempt from real and personal taxation in the City of Virginia Beach. Please include in your explanation, the services provided by the organization. This form was prepared by Avin H. York. Registered Agent , whose title with the organization is Registered Agent AviD H. York (Signature) 5 -ee -, - . ORGANTZATIONDTAMOND ~PRTN~~!~ARnENWOOD ~RK CIVIC LEAGUE By: Name ÄVTN H- YORK Title REGISTERED AGENT Date .e:2c:' OCTOBER 1993 .If ~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: AVIN H. YORK be ing duly sworn, deposes and says that he/she is the REGISTERED AGENT (title) of the DIAMQNP SPRINGS/GARDENWOOD PARK CIVIC LEAGUE (legal name of ownership organization) named in the within entitled application; that he has read the foregoing information sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief, anà as to those matters he believes It to be true. oJ (Slgnature of 0 ficer) Subscribed and sworn to before me th~ ~ b U of -~~ , 19 93 day Q My Cormnission Expires &~ 31/ l7"'?f ....... Internal Revenue S ~;'i ':2 De;: a r:::1 ent cf ~he "7' :-e:=.s~ ~I . District Director Bait/mer'! :)Istrlct Person to Contact: EP/EO Tax Examiner t> Telephone Number: . ~ (301r 962-6058 Diamond springs - Gradenwood Park Civic League, Inc. 1501 Gardenwoood Parkway Vlrglnla Beach, VA 23455 #, ReÍer Reply to: EP/EO:TPA Room 1613 +PSL¡ -hD540hl . Data: October 24,1989 . Dear Sl.:-.'~ã.dam: Thl.S 15 :~ r~sponse to your inqui=1 datad October 12,1989 ver~:~c~~~on of your t~~-e~empt status. , :-aquest:¡,ng Our rec~r~s show that your organization was qrantad exe~pt~on f:~Q Federal Income T~~ under section SOl{c) (4) of the Internal Reve~ue Co¿e effect~7e February, 1960. Because t~is letter could help resolve any questions about your exe~pt status, i: should be kept in your permanent records. Sl.nc2rely yours, 18 $1~d Phil Brana Dl.strict Director . -cc ß.r2- ~- cõ¡:.. I Nil, /.. ~'3260i 1 OOÙ\JO ~ROP ADD~ : ~~ rlHúE~ PROP ZI~ ~ ~ ~ ZIP Ch ~ï ~ ~3455555~ C RD ~TATE Flç.'6.; :;1 CIÎ'r CODt:. ~ 810 MAP NO. ;; CO31 SUBDlv. fi. : Ül BLOCK.; OúOoû ,-01 : 1 dE> 6IT¿ .; ~OÛO MH¡:" bÚÚt\ : 0 1 \.J~ Mt4P ~ AGE.; (It.H_ld BO~OUGH : 10 BAYbID£ ~UBDV¡310N. LITTLE CREEK JULY OWNER: Dl~MOND S~RINGS CIVIC LEAbUC lNL OWNER: DIAMOND 5PRINGS CIVIC LEAGUE INC i'IH 1 '- HL Ú f\ :. ;.. (J bO X t;; 16':" : 'vA BEHCHv'A MA .l L L I ¡.:. ¡; "':'3455 úE:.E.ù búur, : ~.J ( 1 ';j DEEr:, ;"HGE : uë:4a::: .~ NLIGHBOkrlu: L~rìLc CREeK SUB N¿¡~H.; bHr'SlL~ wATE:.RF RuI" I . 5~W/~Al~R y 1 Y TAXES. : ~5') IH^ ~^. J. . TAX E,(. c: . ~A)O Tt4^ % ~~~ ~ 1.V~V 6Q FT AM~; a:::5.v~ US~ 101 RE3I~ENCE - URBAN ¡OJ\¡ d~G ¡; 1-<7:"- ~~o~ CLH~~. vi ~E3ID~NTI~L TOPUGkí-Hy :: LAND USE $: ~At...!J vl4~Ut... 6LDG y'ALUE.; ïO T 'y'HLUE ~ /. li'riJ-'ROv. ~) .::. "+ 5 ~_' ~_' --... d \_1 '.J '-, 0254.,,1(:¡ 6v. 6t~1 DEbL l-E, Hr<E:.A 1-0 . ~t4 . 15ê:O Dt::5l 7-J.'::' . 14rtë.A -¡-l.=. 8 PkO~\ ~l fE : HLr-.J:::~ t-~(JP ,:,UF : úE~1H 1 ~ 1.J ¿ 1- r h .::. . . OWNER ~ LiAMOND SPRING~ CI~¡L LEAGU¿ INC lbf ~HLr.. .::. N D ,:) H 1- c- .:=.' ¡:. 1.- ~HL-.r- Î'ïÙ r\ í b LU. . '.1\.1\,.1 ¿'H~t:. kr::..l'lr"\ . ~~**~*~****~~**~****~** b~Db bTYLI::.~ ."110lJEL . LOND~rIUN . ~HIR CON~T~UL~ ~ wDFRM ~TORIE3 ~ i.v ~UUNDATION; CRAw~ ¿xI WALL i~ BRICK E.XT WHLL .::.. INT WALL 1: PLASTER INT WALL .:.: ROOF TYPE: GABLE ROOF COvER: CMPSH FLOOR 1 : WD F~nnR 2. ;: FLOOh ~ ~ APT NAME # UNIT6 . 6UBDV¡SION: LIT1LE CREEK LEGAL DtbC: PARCEL 1 MATCHt::.S FOUND. ÍJHÎf:. HIIQUN T - . cc .:.. 1.... 01':. ..:J~.I _, Cï1AFt.ACTEíi¡6rIL~ *********~*~*~**~~~**** VEHk bUIL1~ 19~~ y F\ f;LI'1Uui:;.L. TUI ROOMS: BEDROOMS ;. # TUBS: # SHOWERS;: 1/2 BATHS: SOLAR Wt-iTR. :!) FIREPLACES: 1 PRE FRPLCS: HEAT ING . HOT AIR . AIR COND : NOTES 1 . . NOTES 2 :; . - -... - - - - EFF I C. 1 BDRM ..::. BDRM 3 BDRM 4 BDRM ,. UKM NO p.5. 1 Cit:Y" of' Virgirìia Beach INTER-OFFICE CORRESPONDENCE VATE: October 30, 1992 SUB] ECr : Financial Report f VEPARTMENT:Police, Investigative Div. TO: FROM: Major C. H. Payne Joan C. Mallen VEPARTMENT: Finance This is to certify that Diamond Springs/Gardenwood Park Civic League has subTIi tted to this office, a bingo f.iJ1ancial rep:>rt for the period of October 1, 1991 to September 30, 1992. JCM:lbp cc: Ms. Patricia A. Phillips - Director of Finance Bill Byman - City Attorney's Office Paulette Braithwaite - Permit Coordinator / Diarrond Springs/Garden~ Park Civic League: L Ie- " ~' ¡I"r ~\ f: ) ) ("¡ p.-- íl '-1- II I C¿r , f 5~J lcy-d" c-C"C Short Form Return of Organization Exempt From Income Tax Under section 501 (c) of the Internal Revenue Cod. (except black lung benefit trust or private foundation) or section 4947(a)(1) charitable trust ~ For organizations with gross receipts less than $100.000 and total assets less 'I8øanm8nI ot the Tr.-.y than $250.000 at the end of the year. 1t8m8I R8¥8I1U8 SeMc8 You may have to use a copy of this return to satiSfy state reporting reqUIrements. , For the calendar year 1991. or fiscal year beginning . 1 S":.1. and ending Please B Name of organization C Employer Identrficabon number ~~ r ~ label or -.-1"- pont or Number and street r PObox no . If mall IS not delivered to street addre =. a., S ? ß = City, town, or post office, s te. and ZIP code bOns.' ::<3 ys. : Check type orgamzatJon-Exemp under section ~ g¡ 501 (c) ( Jf ¡ Check ~ 0 rf exemption application pendln . t Accounting method: g) Cash 0 Accrual 0 Other (Specify) ~ I Check ~ 0 rf address changed. , Check ~ 0 rf your gross receipts are normally not more than $25.000. You need not file a completed return With IRS, but rf you received a Form 990 Package 10 the mall. you should file a retum without financial data. Some states require a completed return. t Enter your 1991 gross recetpts (add back"nes 5b, 6b, and 7b, to line 9) . . . . . . . . . ~ $ ....{ 7) ~ ~K'. .31) If $100,000 or more. must fite Form 990 Instead of Form 99OEZ. Statement of Revenue Ex enses and Chan es in Net Assets or Fund Balances 1 Contnbutlons, gifts, grants, and similar amounts received (attach schedule-see InstructiOns). . . 2 Program SeMce revenue. . . . . . . . . . . . . . . . . . . . . . . . 3 Membership dues and assessments (see Instructions) . . . . . . . . . . . . . . 4 Investment income. . . . . . . . . . . . . . . . . . . . . . . . . . Sa Gross amount from sale of assets other than Inventory. . . . . Sa b Less: cost or other basiS and saJes expenses. . . . . . . . 5b c Gain or ~oss) ~ine Sa less hne 5b) (attach schedule) . . . . . . . . . . . . . . . 8 Special events and actIvities (attach schedule-see InstnJctJOns): . Gross revenue (not including $ of contributions reported on line 1) . . . . . . . . . . . . . . . . . ~ b Less: direct expenses. . . . . . . . . . . . . . . . ~ c Net Income or ~oss) ~ine 6a less hne 6b). . . . . . . . . . . . . 7a Gross saJes less returns and allowances. . . . . . . . . . 78 b Less: cost of goods sold. . . . . . . . . . . . . . . 7b c Gross profit or Qoss) ~Ine 7a less line 7b). . . . . . . . . . . . . . . . . . . 8 Other revenue (descnbe ~ ) 9 Total revenue (add hnes 1, 2, 3. 4, 5c, Se, 7c, and 8) . . . . . . . .. .. ~ 10 Grants .and SImilar amounts paid (attach schedule). . . . . . . . . . . . . . . . 11 Benefits paid to or for members. . . . . . . . . . . . . . . . . . . . . . : 12 Salanes, other compensation, and employee benefits. . . . . . . . . . . . . . . ., i 13 Professional fees and other payments to Independent contractors. . . . . . . . . . . ~ 14 Occupancy, rent. utilities, and maintenance. . . . . . . . . . . . . . . . . . w 15 Pnnbng, publications, postage, and shipping. . . . . . . . . . . . . . . . . . 18 Other expenses (descnbe ~ S e.e Sc..~ ~ d ",L p / ) 17 Total e sea add lines 1 0 throu h 16. . . . . . . . . . . . . . . . . . ~ 18 Excess or (deficit) for the year ~ine 9 less hne 17). . . . . . . . . . . . . . . . . 19 Net assets or fund balances at beginning of year (from hne 27, column (A)) (must agree WIth end~-year figure reported on prior year's return) . . . . . . . . . . Other changes in net assets or fund balances (attach explanation) . . . . . . . . . . Net assets or fund balances at end 01 year (combine hnes 18 through 20) (must a res with hne 27, column (B ) . . . . . . . . . . . . . . Balance Sheets-ff TotaJ assets on line 25. column (B) are 5250.000 or more. h ~ ~- "" j.- t.. ..;- ~ 990EZ """'-" ,,- OMB No 1545-1150 ~@91 This Form is Open to Public Inspection ,19 D State reglstrabon number E Enter four-dlglt group exemption number (GEN) ¿ f ) ~nsert number), OR ~ 0 section 4947(a)(1) trust ~ . 1 2 3 4 :0 l'/D DO ~ ::s c IJ > IJ a: ., - ~ ., ., C - 20 ~ Z 21 22 Cash. saVings, and investments. . . . . . . . . . . . . . . . . . 23 Land and buildings. . . . . . . . . . . . . . . . . . . . . . 24 Other assets (describe ~ 2S Total assets . . . . . . . . . . . . . . . . . . . . . . . . 26 Totalliabiities (descnbe ~ 27 Net assets or fund balances (column (B must a ree with hne 21. 'or Paperwork Reduction Act Notice, see page 1 of the separate Instructions. ~ Cal No 106421 7c 8 9 10 11 12 13 14 15 16 17 18 I~ ".. ...1..J' t., ~ I ;.¡ "f., I-{ ,., 1.::f. I " l, Fonn 990EZ (1991) Short Form ..----- Return of Organization Exempt From Income Tax Under section 501 (c) of the Internal Revenue Code (except black lung benefit trust or pnvate foundation) or section 4947(8)(1) chantable trust .. For organizations wIth gross receipts less than $100.000 and total assets less anment 01 the Treasury than $250.000 at the end of the year naJ Revenue Sennce The organization may have to use a copy of this return to satisfy state reporting reqUIrements For the calendar year 1992. or fIscal year beginning , 1992. and ending ease B Name of organization C Employer Identrficatlon number ~~~ L~""^I"^ -L ~ -.r ' C) ~ ('., Ik (1. ""1-"" (" ",c::..,,4..-I: IÎ'(/)-:-==: tf:-(" I Int or Number ana street (or F 0 ~.)x fiO . If mall IS not delivered to street address) D State regIstration number =. &..C~\'~, \ r,r\~\-' ~ .,. ~r"\, ~_/""'\' ,-':. r-:..I ~ I" =~ City, town. or post office. state. anSi..l)P code - E Enter four-digit group exemption )ns. 't-\ \-'.0,-,.- 'I-' \ '(, ~ '-:" , \ '-..:..~, number (GEN) Check type of organlzatlon-Exempt under section ~ [!J 501(c) ( ) (Insert number). OR ~ 0 section 4947(a)(1) chanta6le trust Check ~ 0 If exemptIon application pend,n H Check ~ 0 If address chan ed Accounting method ŒJ Cash 0 Accrual 0 Other (SpecIfy) ~ Check ~ 0 rf the organization's gross receipts are normally not more than $25,000 The organIzatIOn need not file a return wIth the IRS. but If the organizatIon received a Form 990 Packaoe In the mall the organization should file a return without financial data Some states ~qul~ 8 complete return Enter the organIzatIon's 1992 gross receIpts (add back lines 5b, 6b, and 7b, to line 9).. . ~ $ ^I (' .,!)' ~ /, ~ I If $100,000 or more, the 0 anization must file Fonn 990 Instead of Form 99OEZ. Statement of Revenue Ex enses and Chan es in Net Assets or Fund Balances 1 Contnbutlons, gifts. grants. and similar amounts received (attach schedule-see instructIons). . . 2 Program service revenue. . . . . . . 3 MembershIp dues and assessments (see instructions) . . . 4 Investment Income. . . . . . . . . Sa Gross amount from sale of assets other than Inventory. . b Less: cost or other basIs and sales expenses. c Gain or Ooss) Olne Sa less hne Sb) (attach schedule) 6 Special events and actIvities (attach schedule-see instructions): 8 Gross revenue (not IncludIng $ - 0 - of contnbutJons reported on line 1) . . . . . . . . . . 6a I b Less: direct expenses. . . . . . . . 6b c Net Income or Ooss) (hne 6a less hne 6b) . . . . 78 Gross sales less returns and allowances. . . . b Less: cost of goods sold. . . . . . . c Gross profit or (loss) Olne 7a less hne 7b). 8 Other revenue (descnbe ~ HO- I' "':;, '" -'"'- . , 9 Total revenue (add hnes 1, 2. 3, 4, Sc. 6c, 7c. and B) 10 Grants and similar amounts paid (attach schedule) 11 Benefits paid to or for members. . : 12 SaJanes, other compensation, and employee benefits. . . . en ¡ 13 Professional fees and other payments to independent contractors ~ 14 Occupancy, rent. utJlltles, and maintenance. . . . w 15 PnntJng, publications, postage, and shipping 16 Other expenses (descnbe ~ oS e.- ~ A if ~ f' - [.. fJ ..C 17 Total ex enses (add hnes 10 throu h 16) 18 Excess or (deficIt) for the year Olne 9 less hne 17). . . . . ~ 19 Net assets or fund balances at beginning of year (from hne 27, column- (A» (must agree WIth end-of-year figure reported on prior year's return) . -; 20 Other changes In net assets or fund balances (attach explanation) . z 21 Net assets or fund balances at end of year (combine hnes 1 B through 20) (must a fee wIth hne 27, column (8») . . . . . . .. . ~ 21 Balance Sheets-ff Total assets on hne 25. column (B) are $250,000 or more, Form 990 must be filed Instead of Form 990EZ. (A) Beginning of year (8) End of year. ¿'¡77~ ð ¡, 22 I.' p.:L. - 23 24 .t.¡ '1 ?~. J & 25 26 ;.¡ 7 7 "I. tJ !., 27 Cat No 106421 . ---- /.. n ggOEl . . . . a. ~ c I) > I) a: ='/., -"¡f.¡. ,)0 .J 0 f ~'~ ,- 7a I 7b . . . . . . . . . . . . . . . . . . . . - . . ) .~ ." - a. '" en III( . . . . . . Z2 Cash. savings. and investments 23 Land and buildings. . . . . . . 24 Other assets (descnbe ~- 25 Total assets. . . . . . . . 26 Total liabilities (descnbe ~ 27 Net assets or fund balances (column (8 must a ree with hne 21) :or Pa~_rk Reduction Act Notice, see page 1 of the separate instructions. . . . ,- , , - ' I.A...'" /- OMB No 1545-' 150 ~@92 This Fonn is Open to Public Inspection , 19 I "{~ ) ~ 7c 8 9 10 I 11 12 13 14 15 16 17 18 .j""o tJ 0 -""~~" ~~.,.. 11""' I I r- G <-?'- t R. d .--T DIAMOND SPRINGS G~RDENWOOD PARK THE FOLLOW IS THE FINANCIAL REPORT FOR THE CIVIC LEAGUE INC. Beginning Balance for January 1991 Deposlts for Year 1991 Debits made for Year 1991 TOTAL BALANCE 1991 Beginnlng Balance for January 1992 Deposits for Year 1992 Debitsmade for Year 1992 November Total Balance 1992 SUBMITTED BY CAROL M. COSSETTE (1~);¡-(J~( ~ TREASURER -,..;'C /' - $3452.32 7612.56 $11064.88 8773.23 $ 2291.65 $2291.65 11826.41 $14118.06 12263.26 $ 1854.80 f J - 15 - ~ RES OL UTIO NS/ORDINANCES ITEM # 37454 Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council ADOPTED: WATER and SEWER REVENUE AND REFUNDING BONDS, SERIES OF 1993: Resolution providing for the sale of Water and Sewer Revenue Refunding Bonds, Series 1993, not to exceed $48,075,000, heretofore authorized; and, authorizing execution of the Bond Purchase and Escrow Deposit Agreements Second Supplemental Resolution, amending Resolution adopted February 11, 1992, entitled "Master Water and Sewer Revenue Bond Resolution..." (amount of Refunding Bonds to be determined at time of sale) Voting: 10-0 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, Mayor Meyera E. Oberndorf, John D Moss and Nancy K Parker Council Members Voting Nay: None Council Members Abstaining: VIce Mayor Sessoms Council Members Absent: None VIce Mayor Sessoms DISCLOSED pursuant to Section 2.1-639.14(C) of the Code of VIrginia, and ABSTAINED. VIce Mayor Sessoms is an officer of Central Fidelity Bank earning in excess of $10,000 annually. CFB has been appointed Fiscal Agent and Registrar wzth respect to the Bonds. CFB wzll receive a fee for its services as Fiscal Agent and Registrar. December 7, 1993 WilLIAM 0 SESSOMS JR VICE MAYOR , -( ..~ j £ -1--1-C:t Bel3cn ..",- 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 December 7, 1993 Mrs. Ruth Hodges Smith, CMC/ AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(C), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, § 2. 1-639. 14(C), Code of Virginia, I make the following declaration: 1. The transactions for which I am executing this written disclosure are the Council consideration of resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. 2. The nature of my personal interest is that I am an officer of Central Fidelity Bank C'CFBII) earning in excess of $10,000.00 annually, that CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds, and that CFB will receive a fee for its services as Fiscal Agent and Registrar. 3. The City Attorney has advised me that I am required to disclose this interest as it meets the criteria of a personal interest in the transactions under the Conflict of Interests Act. I wish to disclose this interest and declare that I am disqualified from participation in Council's discussion and vote on the resolutions. -- -- --- --------- --- Mrs. Ruth Hodges Smith -2- December 7, 1993 Re: Disclosure pursuant to Section 2.1-639.14(C), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, IJd ~ William D. Sessoms, Jr. V ice-Mayor WDSjr/clb Enclosure I ---- Cit,~ e>Î ~it:--gir:1ié3 1=3eE\cl~ LESLIE L LILLEY CITY ATTORNEY MlJNICïPAL CENTFR VIHVNIA BfACH VA 231569004 (804) 427 4531 FAX (804) 426 5687 December 7, 1993 The Honorable William D. Sessoms, Jr., Vice-Mayor Municipal Center Virginia Beach, Virginia 23456 RE: Conflict of Interests Act Opinion Dear Vice-Mayor Sessoms: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. The resolutions are scheduled for consideration by City Council at its December 7, 1993, meeting. SUMMARY CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in the transactions based upon your employment by Central Fidelity Bank ("CFB") which has been appointed Fiscal Agent and Registrar with respect to the Bonds. Since it is reasonably foreseeable that CFB will realize a benefit or detriment as a result of Council's action, you are disqualified from participating in Council's discussion and vote on the transactions. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth, as you may only rely upon this opinion if they are correct and colnplete. --- I --- Vice-Mayor William D. Sessoms, Jr. -2- December 7, 1993 Re: Conflict of Interests Act Opinion FA TS PRESENTED- Your request for an advisory opinion is generated by Council's consideration of resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. You have advised that your concern, and reason for requesting this opinion, is that you are an officer of CFB earning in excess of $10,000 in salary each year, that CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds, and that CFB will be paid a fee for its services as Fiscal Agent and Registrar. ISSUE: Are you precluded from participating in the Council's discussion and vote on resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of$48,075,OOO? DISCUSSION: I. Alwlicable Definitions: A. City Council is a governmental agency, as it is a legislative branch of local government as defmed in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act (the IIActll). B. You are an officer within the meaning of § 2.1-639.2 of the Act. C. The resolutions to be voted on by City Council each constitutes a II transaction II as defmed by the Act. The Act defines a transaction as II any matters considered by any...governmental agency on which official action is taken or contemplated. II § 2.1-639.2. D. II Personal interest II is defined in § 2.1-639.2 as being a financial benefit or liability which accrues to an officer, employee, or to an immediate family Inember. The interest exists by reason of one of five categories specified therein as: (1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; (3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; (4) ownership of real or personal property when the interest exceeds $10,000.00 in value, Vice-Mayor William D. Sessoms, Jr. -3- Decenlber 7, 1993 Re: Conflict of Interests Act Opinion exclusive of ownership in a business, or salary; or (5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. IIPersonal interest in the transaction II is defmed in § 2.1-639.2 as existing when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Am>lication of Definitions and Prohibitions: A. Personal Interest A IIpersonal interest II exists by reason of one of five specified categories, as noted above in the definition of IIpersonal interest. II Specifically, my review of those categories and the facts presented indicate that you earn more than $10,000.00 annual salary from CFB. Therefore, you have a personal interest in CFB as defined under the Conflict of Interests Act. B. Personal Interest in the Transaction Under the defmition set forth in § 2.1-639.2, you have a IIpersonal interest in the transactions II based upon your personal interest in CFB and upon the fact that CFB may realize a reasonably foreseeable benefit or detriment as a result of the Council vote on the transactions by virtue of its appointment as Fiscal Agent and Registrar with respect to the Bonds. ill. Prohibitions and Disclosure Requirements: Based on the opinion that it is reasonably foreseeable that CFB will receive a direct benefit or detriment as a result of City Council's action, § 2.l-639.ll(A)(I) disqualifies you from participating in Council's discussion and vote on the resolutions. Additionally, you must disclose this interest in accordance with § 2.1-639 .14(C). Enclosed please find a written declaration form. You must file the disclosure with the City Clerk and such disclosure is to be reflected in the public records for a period of five years from the date of recording or receipt. Vice-Mayor William D. Sessoms, Jr. -4- December 7, 1993 Re: Conflict of Interests Act Opinion * * * As a final note to any conflict of interests opinion, § 2.1-639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COlA, provides immunity from any alleged violation. Please contact me should you desire any additional information. Very truly yours, ~" ~(X slie L. Lilley City Attorney LLLIRMB/ clb Enclosure Cit~ e>t Virgir1ia :I3eacn LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER VIRGINI,t, BEAG-i VA 23456 9004 (804) 427 4531 FAX (804) 426 5687 December 7, 1993 The Honorable William D. Sessoms, Jr., Vice-Mayor Municipal Center Virginia Beach, Virginia 23456 RE: Conflict of Interests Act Opinion Dear Vice-Mayor Sessoms: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. The resolutions are scheduled for consideration by City Council at its December 7, 1993, meeting. UMMARY CONCLUSION: From my review of the Conflict of Interests Act and the infonnation provided by you as referenced below, I am of the opinion that you have a personal interest in the transactions based upon your employment by Central Fidelity Bank (ItCFBIt) which has been appointed Fiscal Agent and Registrar with respect to the Bonds. Since it is reasonably foreseeable that CFB will realize a benefit or detriment as a result of Council's action, you are disqualified from participating in Council's discussion and vote on the transactions. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth, as you may only rely upon this opinion if they are correct and complete. Vice-Mayor William D. Sessoms, Ir. -2- December 7, 1993 Re: Conflict of Interests Act Opinion FA T PRESENTED- Your request for an advisory opinion is generated by Council's consideration of resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. You have advised that your concern, and reason for requesting this opinion, is that you are an officer of CFB earning in excess of $10,000 in salary each year, that CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds, and that CFB will be paid a fee for its services as Fiscal Agent and Registrar. ISSUE: Are you precluded from participating in the Council's discussion and vote on resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,0001 DISCUSSION: I. Applicable Definitions: A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act (the IIActll). B. You are an officer within the meaning of § 2.1-639.2 of the Act. C. The resolutions to be voted on by City Council each constitutes a II transaction II as defined by the Act. The Act defines a transaction as II any matters considered by any.. . governmental agency on which official action is taken or contemplated. II § 2.1-639.2. D. II Personal interest II is defined in § 2.1-639.2 as being a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: (1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; (3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; (4) ownership of real or personal property when the interest exceeds $10,000.00 in value, ---- -- - --~. . Vice-Mayor William D. Sessoms, Jr. -3- December 7, 1993 Re: Conflict of Interests Act Opinion exclusive of ownership in a business, or salary; or (5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. "Personal interest in the transaction" is defined in § 2.1-639.2 as existing when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. A li ation of D finitions nd Prohi itions: A. personal1n.terest A llpersonal interestll exists by reason of one of five specified categories, as noted above in the definition of llpersonal interest. II Specifically, my review of those categories and the facts presented indicate that you earn more than $10,000.00 annual salary from CFB. Therefore, you have a personal interest in CFB as derIDed under the Conflict of Interests Act. B. Personal Interest in the Transaction Under the defmition set forth in § 2.1-639.2, you have a IIpersonal interest in the transactions II based upon your personal interest in CFB and upon the fact that CFB may realize a reasonably foreseeable benefit or detriment as a result of the Council vote on the transactions by virtue of its appointment as Fiscal Agent and Registrar with respect to the Bonds. ill. Prohibitions and Disclosure Requirements: Based on the opinion that it is reasonably foreseeable that CFB will receive a direct benefit or detriment as a result of City Council's action, § 2.1-639.11(A)(1) disqualifies you from participating in Council's discussion and vote on the resolutions. Additionally, you must disclose this interest in accordance with § 2. 1-639. 14(C). Enclosed please find a written declaration form. You must file the disclosure with the City Clerk and such disclosure is to be reflected in the public records for a period of five years from the date of recording or receipt. -- - -- --- WILLIAM D SESSOMS JR VICE MAYOR Cit~ <Jf-' Vi.t--gi1~ia 13each 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455 5732 December 7, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(C), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, § 2.1-639.14(C), Code of Virginia, I make the following declaration: 1. The transactions for which I am executing this written disclosure are the Council consideration of resolutions in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. 2. The nature of my personal interest is that I am an officer of Central Fidelity Bank C' CFB II) earning in excess of $10,000.00 annually, that CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds, and that CFB will receive a fee for its services as Fiscal Agent and Registrar. 3. The City Attorney has advised me that I am required to disclose this interest as it meets the criteria of a personal interest in the transactions under the Conflict of Interests Act. I wish to disclose this interest and declare that I am disqualified from participation in Council's discussion and vote on the resolu tions. .. Vice-Mayor William D. Sessoms, Jr. -4- December 7, 1993 Re: Conflict of Interests Act Opinion * * * As a final note to any conflict of interests opinion, § 2.1-639.18 (c) provides that a written opinion of the City A Uorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COlA, provides immunity from any alleged violation. Please contact me should you desire any additional information. Very truly yours, œ~ 'r-.-1 srie L. LC;::y City Attorney LLL/RMB/ clb Enclosure ------- - - Mrs. Ruth Hodges Smith -2- December 7, 1993 Re: Disclosure pursuant to Section 2.1-639.14(C), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, ~~~ { ~;;;. Vice-Mayor WDSjr/clb Enclosure - ---- Recitals TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . Section 2.101. Section 2.102. section 2.103. section 2.201. ARTICLE I SECOND SUPPLEMENTAL RESOLUTION Second Supplemental Resolution. . . . . . Meaning of Terms; Definitions. . . . . . Reference to Articles and sections. . . . ARTICLE II PROJECT Authorization of Project. . . . . . . . . ARTICLE III ISSUANCE AND SALE OF SERIES OF 1993 BONDS section 2.301. Issuance and Sale of Series of 1993 Bonds section 2.302. Details of Series of 1993 Bonds . . . . . section 2.303. Book Entry System . . . . . . . . . . . . section 2.304. Registrar . . . . . . . . . . . . . . . . section 2.305. Form of Bonds . . . . . . . . . . . . . . section 2.306. Security for Series of 1993 Bonds . . . . section 2.307. Application of Proceeds . . . . . . . . . section 2.401. section 2.402. section 2.403. section section Section section section 2.501. 2.502. 2.503. 2.504. 2.505. ARTICLE IV REDEMPTION OF SERIES OF 1993 BONDS Optional Redemption Provisions. . . . . . Mandatory Redemption. . . . . . . . . . . Manner of Redemption. . . . . . . . . . . ARTICLE V AMENDMENTS TO MASTER RESOLUTION Effective Date of Amendments. . . . . . . Amendment to section 101 . . . . . . . . . Amendment to section 603(e) ....... Amendment to section 608 . . . . . . . . . Establishment of section 708 . . . . . . . paqe 1 1 1 3 3 3 3 4 5 5 5 5 6 6 6 7 7 9 10 10 section 2.601. section 2.602. section 2.603. section 2.701. section 2.702. section 2.703. section 2.704. ARTICLE VI FEDERAL TAX PROVISIONS Limitations on Use of Proceeds. . . . . . Rebate Requirement. . . . . . . . . . . . Calculation and Payment of Rebate Amount. ARTICLE VII MISCELLANEOUS Limitation of Rights. . . . . . . . . . . SNAP Investment. . . . . . . . . . . . . Severability. . . . . . . . . . . . . . . Effective Date. . . . . . . . . . . . . . Appendix A - Description of the Project Appendix B - Form of the Series of 1993 Bonds (ii) 11 12 12 14 14 14 14 CITY OF VIRGINIA BEACH, VIRGINIA SECOND SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED, TO PROVIDE FOR THE ISSUANCE AND SALE OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 1993, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING OF CERTAIN BONDS OF THE CITY AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES ADOPTED ON DECEMBER~, 1993 RESOLUTION PROVIDING FOR THE SALE OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 1993, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $48,075,000, AND AUTHORIZING EXECUTION OF A BOND PURCHASE AGREEMENT AND AN ESCROW DEPOSIT AGREEMENT WHEREAS, the City of Virginia Beach, Virginia (the "City"), has adopted on the date hereof a Second Supplemental Resolution (the "Second Supplemental Resolution"), supplementing a resolution adopted February 11,1992, providing for the issuance from time to time of water and sewer system revenue bonds (collectively, the "Bond Resolution"), and providing for the issuance of Water and Sewer System Revenue and Refunding Bonds, Series 1993, in the maximum amount of $48,075,000 (the "Bonds"), the proceeds of which are to be used to defease and redeem all or a portion of the outstanding principal amount of the City's $13,000,000 Water and Sewer Revenue Bond, Ser ies 1989 (the" 1989 Bond"), and its $19,975,000 Water and Sewer System Revenue Bonds, Series of 1992 (the "1992 Bonds") (collectively, the "Refunded Bonds"); and WHEREAS, PaineWebber, Incorporated, Craigie Incorporated, Lehman Brothers, Merr ill Lynch & Co., smi th Barney, Shearson Incorporated and NationsBanc Capital Markets, Inc., which have heretofore been selected as underwriters for the Bonds (the "Underwriters"), have offered to enter into a bond purchase agreement (the "Bond Purchase Agreement") setting forth certain details of the Bonds, the purchase price of the Bonds and the terms pursuant to which they will be sold to the Underwriters, and the City proposes to accept the offer of the Underwriters; and WHEREAS, there have been presented to this meeting a draft Escrow Deposit Agreement (the "Escrow Deposit Agreement") between the City and Crestar Bank, Richmond, Virginia, as escrow agent (the "Escrow Agent"), providing for the defeasance and redemption of the Refunded Bonds; WHEREAS, the state Council on Local Debt approved the issuance of the Bonds to refund the Refunded bonds on September 15, 1993; -2- BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Bonds shall be issued in the maximum principal amount of $48,075,000 to (a) provide funds to refund the Refunded Bonds, including funds (i) to pay interest on the Refunded Bonds to their redemption dates, (ii) to pay principal of and premium and interest on the Refunded Bonds on the redemption dates, and (iii) to pay certain related fees applicable to the 1989 Bond, (b) to pay costs of improvements to the City's water and sewer system, and (c) to pay costs incurred in connection with such refunding and issuing the Bonds. 2. Subject to paragraph 3, the Bonds shall mature in in- stallments beginning no later than the year 1995 and ending no later than the year 2019. Interest on the Bonds shall be payable from their date and payable semiannually on dates determined by the City Manager. The issuance and sale of the Bonds to the Underwrit- ers is authorized upon such terms as shall be satisfactory to the City Manager; provided, however, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 6.0% taking into account any original issue discount or premium, (b) shall be sold to the Underwriters at a price not less than 98% of the original aggregate principal amount thereof (excluding any original issue discount), and (c) shall comply with the requirements of the state Council on Local Debt. 3. The sale of the Bonds to the Underwriters is authorized upon the following terms. The City Manager shall (a) determine the principal amount of the Bonds, subject to the limitations set forth in paragraph 1, (b) determine the interest rates of the Bonds, subject to the limitations set forth in paragraph 2, (c) determine the maturity schedule of the Bonds, subject to the limitations set forth in paragraph 2, (d) determine the price to be paid for the Bonds by the Underwriters, subject to the limitation set forth in paragraph 2, (e) determine the redemption provisions of the Bonds, subject to the limitations set forth in the Second Supplemental Resolution, and (f) determine the dated date and principal and interest payment dates, all as the City Manager determines to be in the best interests of the city. Following the determination of the terms of the Bonds and their sale, the City Manager shall execute a bond purchase agreement with the Underwr i ters (the" Bond Purchase Agreement") and deliver the Bond Purchase Agreement to the Underwriters. The Bond Purchase Agreement shall set forth the final terms of the Bonds and shall be in form approved by the City Manager in collaboration with the City Attorney and the City's bond counsel, the execution thereof by the City Manager to constitute conclusive evidence of the City Manager I s approval of such Bond Purchase Agreement. Following the sale of the Bonds, the City Manager shall file the -3- Bond Purchase Agreement with the City Clerk. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the city Council. 4. The Mayor and the City Clerk are authorized and directed to have the Bonds prepared and executed pursuant to the Bond Resolution, to deliver them to Central Fidelity Bank, as registrar and paying agent, and to cause the Bonds so executed and authenticated to be delivered to or for the account of the Underwriters upon payment of the price to be specified in the Bond Purchase Agreement. 5. The Director of Finance is authorized and directed to execute the Escrow Deposit Agreement substantially in the form presented to this meeting, with such changes, corrections and omissions as she may deem appropriate, her execution being conclusive evidence that she has approved such changes, corrections and omissions, and to deliver it to the Escrow Agent. 6. The City Manager is authorized and directed to determine which installments of the 1989 Bond and which 1992 Bonds shall constitute the Refunded Bonds. The Refunded Bonds are specifically and irrevocably called for redemption on the earliest applicable redemption dates. The Escrow Deposit Agreement shall provide for giving notice of redemption to the registered owners of the Refunded Bonds in accordance with the resolutions and documents providing for the issuance of the Refunded Bonds. 7. The officers of the city are authorized and directed to execute and deliver all such certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance and sale of the Bonds and the defeasance and redemption of the Refunded Bonds. 8. All other actions of the officers of the City in conformity with the purposes and intent of this resolution and the Bond Resolution and in furtherance of the issuance and sale of the Bonds and the defeasance and redemption of the Refunded bonds are ratified and approved. 9. All resolutions or parts herewith are repealed. of resolutions in conflict 10. This resolution shall take effect immediately. ADOPTED: December 7, 1993 A~OVED AS TO CONTeNTS ~ak.nlf~ Û -~ SICI~ATURE r;. ,~(}AJ\.tU. DEPARTNENT APPROVED AS TO LEGAl ~=CIE~CY AND FORM , ~(~ CITY A TIORNEY ESCROW DEPOSIT AGREEMENT between THE CITY OF VIRGINIA BEACH, VIRGINIA and CRESTAR BANK, as Escrow Agent Dated December --' 1993 THIS ESCROW DEPOSIT AGREEMENT, dated December, 1993, by and between the CITY OF VIRGINIA BEACH, VIRGINIA (the~city"), and CRESTAR BANK, Richmond, Virginia, a Virginia banking corpora- tion, with its principal corporate trust office in Richmond, Virginia (in such capacity, together with any successor in such capacity, the "Escrow Agent"); WITNESSETH: WHEREAS, the City, pursuant to its Charter, the Constitu- tion and statutes of the Commonwealth of Virginia, and ordinances and resolutions adopted by the Council of the City (the "Council"), has issued its (a) $13,000,000 Water and Sewer Revenue Bond, Series of 1989 (the "Series of 1989 Bond"), in the aggregate outstanding principal amount of $11,295,000, and (b) $19,975,000 Water and Sewer System Revenue Bonds, Series of 1992 (the "Series of 1992 Bonds"), in the aggregate outstanding principal amount of $19,595,000; and WHEREAS, the City is authorized by the Public Finance Act of 1991 to issue bonds to refund any or all bonds or other obligations of the city now or hereafter outstanding; and WHEREAS, by a resolution adopted by the Council on December, 1993, supplementing a resolution adopted on February 11, 1992,-as previously supplemented (collectively, the "Resolu- tion"), the City has authorized and provided for the issuance of its $ Water and Sewer System Revenue and Refunding Bonds, Series of 1993 (the "Refunding Bonds"), a portion of the proceeds of which will be applied to the refunding and defeasance of (a) the Series of 1989 Bond (the "Refunded 1989 Bond"); and (b) the Series of 1992 Bonds maturing on or after February 1, 2003, in the pr incipal amount of $15, 235, 000 (the "Refunded 1992 Bonds," collectively with the 1989 Refunded Bond, the "Refunded Bonds"); and WHEREAS, the City is entering into this Escrow Deposit Agreement simultaneously with the issuance of the Refunding Bonds and the delivery to the Escrow Agent of the amounts described in paragraph 1 below to create a sinking fund for the benefit of the holders of the Refunded Bonds; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Establishment of Escrow Account. There is created and established with the Escrow Agent an irrevocable sinking fund designated the City of Virginia Beach, Virginia, 1993 Water and Sewer System Revenue Bonds Refunding Escrow Fund (the "Escrow Fund") to be held by the Escrow Agent as a trust fund for the sole benefit of the holders of the Refunded Bonds, separate and apart from other funds of the City and the Escrow Agent. The Escrow Fund is irrevocably pledged to the payment of the Refunded Bonds. Simultaneously with the execution of this Agreement, the City acknowledges receipt of and agrees to deposit in the Escrow Fund, $ of the proceeds of the Refunding Bonds, $ of available moneys in the Interest Account in the Revenue Bond Fund, $ of available moneys in the Principal Account of the Revenue Bond Fund and $ from available moneys in the Debt Service Reserve Fund (all such funds created under the Resolution) and $ of available moneys in the interest account related to the Refunded 1989 Bond and $ of available moneys in the principal account related to the Refunded 1989 Bond (for a total of $ ). The Escrow Agent shall use such moneys to (a) purchase $ par amount of open market united states Treasury securities (the "Original Government Obligations"), as described in Appendix A attached hereto, at a purchase price of $ plus accrued interest of $ , and (b) hold $ in cash. The principal of and interest earned on the Original Government Obligations, the principal of any Reinvestment Obligations, as defined below, and such cash amount of $ , will provide sufficient moneys to enable the Escrow Agent to pay to (A) Crestar Bank, Richmond, Virginia, as holder of the Refunded 1989 Bond, sufficient amounts to pay as the same shall become due (i) the principal of and redemption premiums for such Refunded 1989 Bond or Related Fees, (ii) the interest to accrue on the Refunded 1989 Bond to the applicable Redemption Dates, as defined below, and (iii) the amounts the City is required to pay in connection with the Refunded 1989 Bond under section 6.1(c), (d) and (e) and section 6.3 of a Financing Agreement dated as of May 1, 1989, to the extent and in the amounts set forth in Appendix B-1 (the "Related Fees"), and (B) Central Fidelity Bank, Richmond, Virginia, as paying agent for the Refunded 1992 Bonds, sufficient amounts to pay as the same shall become due (i) the principal of and redemption premium for such Refunded 1992 Bonds, and (ii) the interest to accrue on the 1992 Refunded Bonds to their Redemption Date (Crestar Bank and Central Fidelity Bank hereinafter collectively referred to as the "Paying Agents"). The Escrow Agent shall not be liable or responsible for any loss resulting from any investment made in the Government Obligations, as defined below, including Substitute Obligations, as defined below, purchased at the direction of the City and pursuant to this Agreement. 2. Reinvestment upon Maturity of obligations. (a) The City and the Escrow Agent agree that subsequent to the execution of this Agreement, the City may direct the Escrow Agent to enter into an agreement (the" Forward Purchase Agreement") with a forward purchase provider (the "Forward Purchase Provider") for the reinvestment of any principal of or interest on the Original Government Obligations received by the Escrow Agent and not immediately needed to make the aforesaid payments on the Refunded Bonds (such principal and interest "Float Amounts"). The Forward Purchase Agreement shall set forth the dates upon which the Original Government obligations mature ("Delivery Dates") and a schedule showing the dates that funds are needed to pay principal, premium or interest on the Refunded Bonds or Related Fees as set forth in Appendix B attached hereto ("Maturity Dates") and the -2- amounts needed on each Maturity Date to pay such principal, premium, interest or Related Fee. All Float Amounts, if any, shall remain in trust and shall be reinvested by the Escrow Agent by the purchase of direct, noncallable obligations of the united states Treasury ("Qualified Eligible Securities," together with the Original Government Obligations, the "Government Obligations") that mature not later than the next succeeding date on which funds are needed to pay principal, premium or interest on the Refunded Bonds in accordance with the terms of and to the extent provided in the Forward Purchase Agreement. Notwi thstanding the foregoing, no Forward Purchase Agreement shall be entered into unless the "aggregate" yield within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), on the Escrow Fund [and the City's Construction Fund Escrow also established on the date hereof], taking into account the proceeds of the Forward Purchase Agreement, is not greater than %. (b) If no Forward Purchase Agreement is entered into or if no such purchase of Qualified Eligible Securities as described in (a) above is requested by the Forward Purchase Provider on the applicable Deli very Date as set forth in the Forward Purchase Agreement, such Float Amounts shall be reinvested by the Escrow Agent in Government Obligations, as directed by the City and with the consent of the Forward Purchase Provider, if any, that based on their acquisition price, have a yield of not greater than %, unless the Escrow Agent receives an opinion of nationally recog- nized bond counsel that such amounts may be invested in higher yielding Government Obligations, and that mature not later than needed to make payments on the Refunded Bonds on the dates and in the amounts set forth in Appendix B attached hereto, for the benefit of the holders of the Refunded Bonds until applied as described in section 3. If such Government Obligations are not available, such Float Amounts shall be held by the Escrow Agent in cash uninvested. The Escrow Fund shall continue in effect to and including the date upon which the Escrow Agent makes the final payment of all principal, premium and interest with respect to the Refunded Bonds, pursuant to section 3, whereupon the Escrow Agent shall sell or redeem any investments remaining in the Escrow Fund and transfer the proceeds therefrom, together with any cash, to the city. If the Escrow Agent fails to perform its duties under this Agreement or the Forward Purchase Agreement, the ci ty, at the direction of the Forward Purchase Provider, may promptly terminate the Escrow Agent and appoint a new escrow agent, reasonably acceptable to the Forward Purchase Provider, which shall also serve as successor Escrow Agent under the Forward Purchase Agreement. (c) Notwithstanding anything to the contrary herein, all reinvestments must be in direct, noncallable obligations of the united States Treasury (investments in mutual funds or unit investment trusts are prohibited), with a purchase price not exceeding the maturity amount thereof, and maturing on such dates as to provide when needed amounts necessary to pay principal of, premium and interest on the Refunded Bonds, as set forth in -3- Appendix B attached hereto. In the event of an inconsistency betw7e~ this Agreement and the Forward Purchase Agreement, the provlsl0ns of this Agreement shall govern. 3. Payment of Refunded Bonds. (a) The City authorizes and directs the Escrow Agent to pay from the Escrow Fund to the Paying Agents interest as it becomes due and principal of and redemption premiums on the Refunded 1989 Bond and the Refunded 1992 Bonds, all in the amounts and on the dates set forth in Appendix B attached hereto. (Such redemption dates, collectively, the "Redemption Dates.") (b) The City represents and warrants, based, in part, upon the verification report of Causey, Demgen & Moore, Inc., Denver, Colorado, dated , 1993 (the "Verification Report"), that the Escrow Fund, if held, invested and applied by the Escrow Agent in accordance with the provisions of this Agreement, will be sufficient to make the foregoing payments. If at any time it shall appear to the Escrow Agent that the available proceeds of the Government Obligations and cash held in the Escrow Fund will not be sufficient to make any payment due to the Paying Agents as set forth in Appendix B attached hereto, the Escrow Agent shall notify the City not less than thirty (30) days prior to such date, and the City shall, subject to funds being lawfully appropriated for such purpose, make up the anticipated deficit so that no default in the making of any such payment will occur. 4. Redemption of Refunded Bonds. (a) Pursuant to the Resolution, the City has specifically and irrevocably called the Refunded Bonds for redemption as set forth on Appendix C, and has authorized the city Manager to determine the respective Redemption Dates, as set forth on Appendix C. The Escrow Agent is irrevocably authorized and directed to cause, and it agrees to cause, notice of the call for redemption, in substantially the forms set forth in Appendix D attached hereto, as applicable, to be sent to the registered owners of each such series of Refunded Bonds by registered or certified mail not less than 30 days nor more than 60 days prior to the respective Redemption Date for each such series. (b) The Escrow Agent is irrevocably authorized and directed to cause, and it agrees to cause, notice of issuance of the Refunding Bonds, in substantially the forms set forth in Appendix E attached hereto, as applicable, to be sent to the registered owners of the Refunded Bonds once within 60 days of the date hereof by first class mail. (c) The cost of sending the notices described in (a) and (b) shall be borne by the city. The Escrow Agent shall cause copies of both such notices to be sent to the City concurrently with the sending of such notices to the registered owners of the Refunded Bonds. -4- 5. Reports by Escrow Aqent. The Escrow Agent shall forward to the City each June 1 and December 1, beginning June 1, 1994, a statement describing the Government Obligations and cash held in the Escrow Fund, including the income earned therefrom and the maturities thereof, and any withdrawals of money from the Escrow Fund for purposes of paying for Refunded Bonds redeemed through such date since the last statement furnished pursuant to this section. 6. Liability of Escrow Aqent. The Escrow Agent shall have no responsibility to the City or any other person, except as specifically provided herein, and shall not be responsible for anything done or omi tted to be done by it except for its own negligence or default in the performance of any obligation imposed on it hereunder. The Escrow Agent, except as specifically provided herein, is not a party to, or bound by or need it give consider- ation to the terms or provisions of, any other agreement or undertaking between the City and any other person, and the Escrow Agent assents to and is to give consideration only to the terms and provisions of this Agreement. Unless specifically provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the City with respect to arrangements or contracts with others. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, to exercise reasonable care and diligence, and in event of error in making such determina- tion the Escrow Agent shall be liable for its own misconduct or its own negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the City, or any other person, such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may inquire and consul t with the City, among others, at any time and may incur reasonable legal expenses for advice and opinions in connection therewi th. The Escrow Agent shall be fully protected in relying on such evidence. 7. Escrow Agent's Fee and Expenses. The City agrees that it will pay to the Escrow Agent upon the execution hereof an initial acceptance fee of $ for its services rendered or to be rendered pursuant to this Agreement." Upon consent of the City, which consent shall not be unreasonably withheld, the city also agrees that it will pay reasonable legal expenses and other out-of- pocket expenses, at cost, incurred by the Escrow Agent in connec- tion with this Agreement. The Escrow Agent acknowledges that such fee and any such expenses represent full payment for services rendered or to be rendered pursuant to this Agreement, and, except as otherwise provided in section 12 hereto, in no event shall give rise to any lien on, setoff or claim against the Escrow Fund, the moneys in which are solely for the benefit of the holders of the Refunded Bonds until the payment thereof. -5- 8. Evidence upon Which Escrow Aqent May Act. The Escrow Agent may act and shall be fully protected in acting upon any notice, request, waiver, consent, certificate, receipt, authorization, power of attorney or other instrument or document which the Escrow Agent in good faith believes to be genuine and correct and to have been signed or sent by the proper person or persons. 9. (a) Replacement of Escrow Aqent. The Escrow Agent may resign, and thereby become discharged from the trusts created herein, by giving notice to the City and to each registered owner of a Refunded Bond by registered or certified mail. Such notice shall be given not less than 30 or more than 60 days before such resignation shall take effect. Such resignation shall take effect immediately, however, upon the earlier appointment of a new Escrow Agent hereunder and acceptance of the trusts herein created. The Escrow Agent shall continue to serve as Escrow Agent until a successor is appointed, and the Escrow Agent may, after 60 days subsequent to its resignation, petition the Circuit Court of the City of Virginia Beach, Virginia, for the appointment of a successor Escrow Agent if one has not yet been appointed. In the event of the resignation of the Escrow Agent prior to the expira- tion of this Agreement, the Escrow Agent shall rebate to the City a ratable portion of any fee theretofore paid by the city to the Escrow Agent for its services under this Agreement, after payment of any outstanding expenses (including reasonable legal expenses for services incurred) of the Escrow Agent. (b) Removal of Escrow Agent. The City may remove the Escrow Agent if the Escrow Agent fails to perform its duties hereunder by giving notice to the Escrow Agent and to each registered owner of a Refunded Bond by registered or certif ied mail. The City shall appoint a successor Escrow Agent and such successor shall be a bank with a corporate trust department or a trust company. 10. Benefit of Agreement; Amendments. (a) This Agreement is made for the benefit of the City and the holders from time to time of the Refunded Bonds except as otherwise expressly provided herein. (b) This Agreement shall not be amended without the consent of the Escrow Agent and the holders of all the Refunded Bonds; provided, however, that upon prior written notice to Moody's Investors Service, Public Finance Rating Desk/Refunded Bonds, 99 Church Street, New York, New York 10007, and receipt by such agency of draft copies of any such proposed amendments and (2) Standard & Poor's Corporation, 25 Broadway, New York, New York 10004, the City and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement ("Amendments") as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and -6- provisions of this Agreement, for anyone or more of the following purposes: (i) to cure any ambiguity or formal defect or omission in this Agreement; (ii) to grant to, or confer upon, the Escrow Agent for the benefit of such holders any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; (iii) to subject to this Agreement funds, securities or property; and additional (iv) Agreement. to sever any invalid provision from this The Escrow Agent sha 11 not undertake or execute any Amendment unless it has received: (A) An opinion of an independent certified public accountant reasonably acceptable to the Escrow Agent and the City that after such Amendment the interest on and maturing principal of the Government Obligations, without further reinvestment, and any other funds then held pursuant to this Agreement will provide moneys in amounts and at times as necessary to pay all principal of and redemption premium and interest on the Refunded Bonds as the same are due or are called for redemption as set forth in section 3; and (B) An opinion of nationally recognized bond counsel that (aa) if such Amendment had been reasonably expected on the date of issuance of the Refunding Bonds such expectation would not have caused any of such bonds to be "arbitrage bonds" within the meaning of section 148 of the Code and the regulations and rulings thereunder applicable to such bonds on the date of the Amendment, (bb) after the Amendment none of the Refunded Bonds will be an "arbitrage bond," and (cc) the Amendment complies with the requirements of this section 10. (c) If at any time the City provides the Escrow Agent (i) cash and noncallable direct obligations of the United states of America (the "Substitute Obligations") (provided, however, that any such Substitute obligations shall not include investments in mutual funds or unit investment trusts) for deposit in the Escrow Fund in substitution for any of the Government Obligations identified by the City to the Escrow Agent as being substituted or cash described above, (ii) a report of an independent certified public accountant acceptable to the Escrow Agent verifying that such Substitute Obligations, excluding reinvestment earnings, together with the -7- ---- remaining Government Obligations and cash, if any, are sufficient to pay when due the principal of and redemption premium and interest on the Refunded Bonds as it is set forth in Appendix B attached hereto, and (iii) an opinion of nationally recognized bond counsel that such substitution of Substitute Obligations will not affect adversely the treatment of interest on the Refunded Bonds for purposes of Federal income taxation, then the Escrow Agent shall accept such Substitute Obligations and release, upon direction of the City, to the City such of the Government Obliga- tions and cash as are no longer necessary, upon such substitution, to provide for payment of the Refunded Bonds. Whenever the Escrow Fund contains Government Obligations (including Substitute Obligations) and cash that according to the Verification Report, or such more recent verification report provided in accordance with the preceding sentence, are not necessary to provide for the payment when due of principal of and redemption premlum of and interest on the Refunded Bonds in accordance with this Agreement, the Escrow Agent, upon the request of the City, shall remit such excess cash or Government obligations to the city. Nothing in this subsection (c) shall be construed to mean that Substitute Obliga- tions include Qualified Eligible Securities under the Forward Purchase Agreement. 11. Arbitrage Covenant. Except as provided in sections 2 and 10 (c), any principal of or interest on the Government Obligations received by the Escrow Agent and not then needed to make the aforesaid payments on the Refunded Bonds shall remain in trust and be invested in Government Obligations at a "yield," within the meaning of section 148 of the Code not exceeding % for the benefit of the holders of the Refunded Bonds until applied as described in Section 3 or, if such obligations are not obtain- able, shall be held in cash uninvested unless the Escrow Agent receives an opinion of nationally recognized bond counsel that such amounts may be invested in higher yielding Government Obligations. The Escrow Fund shall continue in effect until the Escrow Agent makes the final payment of principal of and redemption premium and interest on the Refunded Bonds. 12. Balance of Funds. If after the final payment of principal of and redemption premium and interest on the Refunded Bonds any Government Obligations or other moneys remain in the Escrow Fund, the Escrow Agent shall, upon the direction of the City, deliver to the City or sell or redeem any Government Obligations remaining in the Escrow Fund and remit to the City the proceeds thereof, together with any other moneys then remaining in the Escrow Fund; provided, however, that the Escrow Agent shall have a lien against such proceeds or other moneys to the extent of any amounts owed to the Escrow Agent under this Agreement. The City agrees to deposit any such moneys in the Interest Account of the Revenue Bond Fund established under the Resolution in accor- dance with the requirements of such Resolution. -8- 13. 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 registered or certified mail, postage prepaid, addressed (a) if to the City, at Virginia Beach, Virginia 23456, (Attention: Director of Finance), or (b) if to the Escrow Agent, at 919 East Main street, Corporate Trust Division, Richmond, Virginia 23219. The City and the Escrow Agent may by notice given hereunder designate any further or different addresses to which subsequent demands, notices, approv- als, consents, requests, opinions or other communications shall be sent or persons to whose attention the same shall be directed. 14. Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. 15. Termination. This Agreement is irrevocable and shall terminate when the Refunded Bonds have been paid and discharged. 16. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Virginia. 17. counterparts. This Agreement may be executed in several counterparts each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by their duly authorized officers as of the date first above written. CITY OF VIRGINIA BEACH, VIRGINIA By Director of Finance CRESTAR BANK, as Escrow Agent By Its -9- APPENDIX A Original Government obligations Date TOTAL REQUIREMENTS TO PAY REFUNDED 1989 BOND Pr~nc~pal Interest Redempt~on prem~um Total rema~ning debt serv~ce payments Service fees Addit~onal fees APPENDIX B-1 Total defeasance requirements APPENDIX B-2 TOTAL RE UIREMENTS TO PAY EFUNDED 1992 BONDS Date Principal Jnterest Redemption premium REDEMPTION DATE Series Refunded 1992 Bond~ Refunded 1989 Bond In~tallments due November 1, 1994 - November 1. 1996 Novem~r I, 1997 - N()vc:m~r I. 2000 Novembc:r I, 200 1 - N()vc:m~r I, 2003 Novem~r I, 2004 - N()vcm~r 1. 2017 1/ Plus accrued Interest to the redemption date. PRICES ~ February 1. 2002 May 1, 1994 May I, 1995 May I, 1997 May 1. 2000 APPENDIX C ~' 102% 100% 101 101.5 102 . APPENDIX D-2 NOTICE OF REDEMPTION CITY OF VIRGINIA BEACH, VIRGINIA Water and Sewer System Revenue Bonds, Series of 1992 NOTICE IS HEREBY GIVEN pursuant to a resolution of the Council of the City of Virginia Beach, Virginia (the "City"), adopted on , that the $15,235,000 principal amount of the City's Water and Sewer System Revenue Bonds, Series of 1992, having stated maturities on February 1, 2003, through 2017, will be redeemed on February 1,2002. The Bonds to be redeemed mature on February 1 in years and amounts and bear interest at rates and CUSIP numbers and shall be redeemed at redemption prices, as follows: Redemption Year Amount Rate CUSIP Price 2003 $ 630,000 6.125% 927749 ASO 102% 2004 670,000 6.250 927749 AT8 102 2010 5,035,000 6.500 927749 AU5 102 2017 8,900,000 6.625 927749 AV3 102 Holders of the Bonds should present them for redemption on or before , by mail to the principal off ice of . Interest on the Bonds will cease to accrue on February 1, 2002. IMPORTANT: The CUSIP numbers printed herein are inserted for the convenience of the holders, and no representation is made as to the correctness of such numbers either as printed on the bonds or as contained herein. The Interest and Dividend Tax Compliance Act of 1983 provides for paying agents making payments on municipal securities to withhold 31% of such remittance from bondholders who have failed to furnish the paying agent with a valid taxpayer identification number (either a social security or employer identification number, as applicable). To avoid the imposition of that withholding, bondholders must submit an IRS Form W-9 stating a valid taxpayer identification number when presenting their bonds for redemption. IRS Form W-9 is available from your local bank or broker. CITY OF VIRGINIA BEACH, VIRGINIA By Central Fidelity Bank, Paying Agent -' 1993 APPENDIX E-1 NOTICE OF ISSUANCE OF REFUNDING BONDS CITY OF VIRGINIA BEACH, VIRGINIA Water and Sewer system Revenue Bond, Series of 1989 NOTICE IS HEREBY GIVEN pursuant to a resolution of the Council of the City of Virginia Beach, Virginia (the "City"), adopted on , to the holders of the City's Water and Sewer System Revenue Bond, Series 1989, maturing in installments due on and after November 1, 1994 (the "Refunded Bond"), that the City has issued its $ Water and Sewer System Revenue and Refunding Bonds, Series of 1993, to provide funds to redeem installments of the Refunded Bond on the following redemption dates at their respecti ve redempt ion pr ices (expressed as a percentage of the principal amount): Series of 1989 Bond Installment !Jue on tSovem~ (years inclusive) Redemption Date Redemption Price 1994 - 1996 May 1, 1994 100 % 1997 - 2000 May 1, 1995 101 2001 - 2003 May 1. 1997 101 5 2004 - 2008 May 1. 2000 102 Cash and direct obligations of the united States of America have been deposited with Crestar Bank, as Escrow Agent under an Escrow Deposit Agreement dated as of , 1993, in an amount sufficient to pay when due the interest on the Refunded Bond installments through the respective redemption dates, and on such dates to pay the respective redemption price, all as stated above. The Refunded Bond installments will cease to bear interest on the respective redemption dates. Bondholders need not take any action with regard to the refunding at the present time. Notice of the time and manner of presenting the Refunded Bond for redemption will be provided at a later date. CITY OF VIRGINIA BEACH, VIRGINIA By Crestar Bank, Paying Agent -' 1993 APPENDIX E-2 NOTICE OF ISSUANCE OF REFUNDING BONDS CITY OF VIRGINIA BEACH, VIRGINIA Water and Sewer System Revenue Bonds, Series of 1992 NOTICE IS HEREBY GIVEN pursuant to a resolution of the Council of the city of Virginia Beach, Virginia (the "City"), adopted on , 1993, to the holders of the City's Water and Sewer System Revenue Bonds, Series of 1992, having stated maturities on February 1, 2003, through 2017 (the "Refunded Bonds"), that the city has issued its Water and Sewer System Revenue and Refund ing Bonds, Series of 1993, to provide funds to redeem the Refunded Bonds on February 1, 2002. Cash and direct obligations of the United States Government have been deposited with Crestar Bank, as Escrow Agent under an Escrow Deposit Agreement dated as of , 1993, in an amount suff icient to pay when due the interest on the Refunded Bonds to the redemption date, February 1, 2002, and to pay on such date the principal amount of and redemption premium on the Refunded Bonds. The Refunded Bonds will cease to bear interest on February 1, 2002. Bondholders need not take any action with regard to the refunding at the present time. Notice of the time and manner of presenting the Refunded Bonds for redemption will be provided at a later date. CITY OF VIRGINIA BEACH, VIRGINIA By Central Fidelity Bank, Paying Agent -' 1993 SECOND SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED, PROVIDING FOR THE ISSUANCE AND SALE OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 1993 , FOR THE FORM, DETAILS AND PA YHENT THEREOF AND PROVIDING FOR THE REFUNDING OF CERTAIN BONDS OF THE CITY AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council of the City of Virginia Beach, Virginia, adopted a resolution on February 11, 1992, providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system and for refunding bonds issued for such water and sanitary sewer purposes; and WHEREAS, the Council desires that $1,605,000 of the $17,800,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 19, 1988, $1,615,000 of the $8,940,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 4, 1989, $8,078,700 of the $14,560,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 6, 1990, and $5,276,300 of the $13,770,000 water and sewer system revenue bonds authorized by an ordinance adopted on November 12, 1991, be issued pursuant to the foregoing resolution; WHEREAS, the Council desires to refund all or a portion of the City's Water and Sewer Revenue Bond, Series of 1989, and the City's Water and Sewer System Revenue Bonds, Series of 1992; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I SECOND SUPPLEMENTAL RESOLUTION section 2.101. Second supplemental Resolution. This Second Supplemental Resolution is adopted pursuant to and in accordance with sections 1101 (g) and 1102 of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to the Series of 1993 Bonds and to the holders thereof, except as otherwise provided herein. section 2.102. Meaning of Terms; Definitions. Except as otherwise defined herein, terms defined in the Master Resolution are used in this Second Supplemental Resolution with the meanings assigned to them in the Master Resolution. In addition, the following terms shall have the following meanings in this Second Supplemental Resolution. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series of 1993 Bonds, or its successors or assigns in such capacity. "Escrow Agent" shall mean Crestar Bank, Richmond, Virginia, as escrow agent for the 1989 Refunded Bond and the 1992 Refunded Bonds. "Escrow Deposit Agreement" shall mean the Agreement between the City and the Escrow Agent. Escrow Deposit "Escrow Fund" shall mean the fund established by the Escrow Deposit Agreement. "Master Resolution" shall mean the resolution adopted by the Council on February 11, 1992, establishing a program for financing improvements and extensions to the System. "1989 Refunded Bond" shall mean the portion of the City 's $13,000,000 Water and Sewer Revenue Bond, Series of 1989, being refunded with a portion of the proceeds of the Series of 1993 Bonds. "1992 Refunded Bonds" shall mean the portion of the City I s $19,975,000 Water and Sewer System Revenue Bonds, Series of 1992, being refunded with a portion of the proceeds of the Series of 1993 Bonds. "1993 Project" shall mean the acquisitions, improvements, extensions, additions and replacements to the System as described in Article II. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series of 1993 Bonds over (b) the future value of all nonpurpose payments with respect to the Series of 1993 Bonds, in each case calculated under section 2.703 pursuant to the requirements of section 148 of the Code, or such other amount of arbitrage required to be rebated to the United states of America under section 148 of the Code. "Rebate Amount certificate" shall have the meaning set forth in section 2.603. "Refunded Bonds" shall mean the 1989 Refunded Bond and the 1992 Refunded Bonds. "Registrar" shall mean Central Fidelity Bank, Richmond, Virginia, paying agent and bond registrar for the Series of 1993 Bonds. "Related Fees" shall mean certain amounts the City is required to pay in connection with the 1989 Refunded Bond under section 6.1(c), (d) and (e) and section 6.3 of a Financing Agreement dated - 2 - May 1, 1989, entered into by the City issuance of such Bond. in connect ion with the "Second Supplemental Resolution" shall mean this Second Supplemental Resolution which supplements the Master Resolution. "series of 1993 Bonds" shall mean the Water and Sewer System Revenue and Refunding Bonds, Series of 1993, in an amount not to exceed $48,075,000 authorized to be issued by Article III. section 2.103. Reference 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 Resolution. ARTICLE II PROJECT section 2.201. Authorization of Project. The Council has authorized the acquisitions, improvements, extensions, additions and replacements to the System described on Appendix A, which are part of the approved capital improvement program of the city. ARTICLE III ISSUANCE AND SALE OF SERIES OF 1993 BONDS section 2.301. Issuance and Sale of Series of 1993 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in the amount of $16,575,000, consisting of $1,605,000 of the $17,800,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 19, 1988, $1,615,000 of the $8,940,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 4, 1989, $8,078,700 of the $14,560,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 6, 1990, $5,276,300 of the $13,770,000 water and sewer system revenue bonds authorized by an ordinance adopted on November 12, 1991, shall be issued and sold. The proceeds thereof shall be used to pay the Cost of the Project. The City also hereby provides for the issuance of water and sewer system revenue refunding bonds in an amount not to exceed $31,500,000 to refund the 1989 Refunded Bond and the 1992 Refunded Bonds. All such bonds shall constitute Bonds, as defined in the Master Resolution. section 2.302. Details of Series of 1993 Bonds. (a) The Series of 1993 Bonds shall be designated "Water and Sewer System Revenue and Refunding Bonds, Series of 1993," shall be numbered R-1 upward, shall be dated, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such - 3 - dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Principal of the Series of 1993 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Regis- trar. Interest on the Series of 1993 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (c) Except as otherwise provided herein, the Series of 1993 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolu- tion. section 2.303. Book Entry system. Initially, one Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series of 1993 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series of 1993 Bonds will not receive physical delivery of the Series of 1993 Bonds. So long as DTC is acting as securities depository for the Series of 1993 Bonds, a book entry system shall be employed, evidencing ownership of the Series of 1993 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures estab- lished by DTC and its participants. Interest on the Series of 1993 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series of 1993 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the united States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC¡ transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Series of 1993 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 1993 Bonds is not in the best interest of the City or the beneficial owners of the Series of 1993 Bonds, the Registrar and the City shall discontinue the book entry system - 4 - with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix B with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series of 1993 Bonds would then be registrable and exchangeable as set forth in section 204 of the Master Resolution. So long as DTC is the securities depository for the Series of 1993 Bonds (a) it shall be the registered owner of the Series of 1993 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Second Supplemental Resolution to holders of the Series of 1993 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series of 1993 Bonds. section 2.304. Registrar. The selection of Central Fidelity Bank, Richmond, Virginia, as paying agent and bond registrar for the Series of 1993 Bonds is approved. section 2.305. Form of Bonds. The Series of 1993 Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. section 2.306. Security for series of 1993 Bonds. The Series of 1993 Bonds shall be issued pursuant to the Master Resolution and this Second Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations; provided, however, the Debt Service Reserve Fund will secure only the Bonds. section 2.307. Application of Proceeds. The proceeds of the Series of 1993 Bonds shall be applied as follows: (a) An amount representing accrued interest on the Series of 1993 Bonds from their dated date to their date of delivery shall be paid to the Fiscal Agent and deposited in the Interest Account in the Revenue Bond Fund. (b) The amount of Series of 1993 Bond proceeds set forth in the Escrow Deposit Agreement shall be paid to the Escrow Agent and depos i ted in the Escrow Fund to be invested, together with available amounts transferred to the Escrow Fund - 5 - from (i) the Interest Account and Principal Account in the Revenue Bond Fund with respect to the Refunded Bonds and (ii) available moneys from the debt service accounts established for the 1989 Refunded Bond. Such amounts shall be used, together with interest earnings thereon, by the Escrow Agent for the sole purpose of paying principal, premium and interest on the Refunded Bonds and the Related Fees. (c) The amount of 1993 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the Debt Service Reserve Requirement after the issuance of the 1993 Bonds shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund. (d) The balance of the proceeds shall be paid to the Fiscal Agent and deposited in a General Account in the Construction Fund to be used to pay the Cost of the Project and to pay expenses incident to refunding the Refunded Bonds and issuing the Series of 1993 Bonds. ARTICLE IV REDEMPTION OF SERIES OF 1993 BONDS section 2.401. Optional Redemption Provisions. The Series of 1993 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time at redemption prices equal to the principal amount of the Series of 1993 Bonds, together with any accrued interest to the redemption date, plus redemption premiums not to exceed 3% of the principal amount of the Bonds, as such redemption premiums may be determined by the city Manager. section 2.402. Mandatory Redemption. The Series of 1993 Bonds may be subject to mandatory sinking fund redemption prior to maturity in years and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. section 2.403. Manner of Redemption. If less than all the Series of 1993 Bonds are called for redemption, the maturities of the Series of 1993 Bonds to be redeemed shall be selected in such manner as the City Manager or the Director of Finance may determine to be in the best interest of the City. If less than all of the Series of 1993 Bonds of any maturity are called for redemption, the Series of 1993 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and proce- dures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. In either case, (a) the portion of any Series of 1993 Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in - 6 - selecting Series of 1993 Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. ARTICLE V AMENDMENTS TO MASTER RESOLUTION section 2.501. Effective Date of Amendments. Notwithstanding anything herein to the contrary, the amendments provided in this Article shall be effective upon the consent of the holders of a majority in aggregate principal amount of Bonds then outstanding. The original purchasers of the Series of 1993 Bonds by their purchase thereof shall be deemed to have consented to the amend- ments provided in this Article. section 2.502. Amendment to section 101. (a) The definition of "Operating Expenses" is amended to read as follows: "Operating Expenses" shall mean all current expenses directly or indirectly attributable to the ownership or operation of the System, including, without intending to limit or restrict any proper definition of such expenses under any applicable laws or generally accepted account- ing principles, reasonable and necessary usual expenses of administration, operation, maintenance and repair, costs for billing and collecting the rates, fees and other charges for the use of or the services furnished by the System, insurance and surety bond premiums, legal, engineering, auditing and financial advisory expenses, expenses and compensation of the Registrar and the Fiscal Agent, Operating Components of Cost of Contracted Services, and deposits into a self insurance program as described in section 808. Operating Expenses shall not include any allowance for depreciation, Debt Service Components or Remaining Components of Cost of Contracted Services, deposits or transfers to the Revenue Bond Fund, the Parity Double Barrel Bond Fund, the Parity Debt Service Component Fund, the Debt Service Reserve Fund, the Subordinate Debt Fund, the Renewal and Replacement Account, or the Capital Improvement Account, or expendi- tures for capital improvements to and extensions of the System. Notwithstanding the foregoing, Operating Expenses shall include all payments of Demand Charges, Supplemental Demand Charges, Commodity Charges, Fixed Capacity Charges and Termination Payments, if any, to be paid from Revenues, and all charges under the Water Sales Contract. (b) The definition of "Series Debt Service Reserve Require- ment" is deleted from the Master Resolution. All references to - 7 - series Debt Service Reserve Requirement shall be deemed to be references to the Debt Service Reserve Requirement. (c) The Series Debt Service Reserve Accounts established by Section 6.03(e) of the Master Resolution shall be abolished. All references to Series Debt Service Reserve Accounts shall be deemed to be references to the Debt Service Reserve Fund. (d) The following definitions are added to section 101 of the Master Resolution: "Commodity Charge" shall mean the commodity charge described in section 6.2.4 of the Water Services Con- tract. "Debt Service Reserve Requirement" shall mean from time to time the amount equal to Maximum Annual Debt Service. In lieu of all or any portion of the required amounts to be on deposit in the Debt Service Reserve Fund, the City may cause to be deposited to the credit of such Debt Serv ice Reserve Fund a surety bond or an insurance policy payable to the City for the benefit of the holders of all or a portion of the Bonds or a letter of credit entitling the City on any interest payment date to draw on it in an amount equal to all or any portion of the difference between the Debt Service Reserve Require- ment and the sum then to the credit of the Debt Service Reserve Fund. The City may, from time to time, substi- tute cash, surety bonds, insurance policies or letters of credit for any of such forms of security so long as such substituted security complies with the requirements of this definition and the terms and conditions set forth in a Supplemental Resolution. In addition to any such terms, requirements and conditions, such forms of security shall be obtained from providers whose obliga- tions are rated in the two highest rating categories by the Rating Agencies. On the scheduled date of final payment of a Series of Bonds, the City may cause to be transferred to the Revenue Bond Fund the moneys on depos it in the Debt Service Reserve Fund which constitute excess moneys immediately after such final payment. Such transferred moneys shall be used to pay the principal and interest due on such Series of Bonds on their final payment date. "Demand Charge" shall mean the demand charge described in section 6.2.2 of the Water Services Con- tract. - 8 - "Fixed Capacity Charge" shall mean the annual fixed capacity charge described in Section 6.2.1 of the Water Services Contract. "Hedge Agreement" shall mean an interest rate swap, cap, collar, floor, forward, or other hedging agreement, arrangement or security however denominated, expressly identified pursuant to its terms as being entered into in connection with and in order to hedge interest rate fluctuations on all or a portion of any interest payments on any Variable Rate Indebtedness where a fixed rate is specified as payable by the City in such Hedge Agreement or such Variable Rate Indebtedness, taken together with the Hedge Agreement, results in a net fixed rate payable by the City for such period of time (the "Hedge Fixed Rate"), or such indebtedness bearing interest at a fixed rate where a variable rate is specified in such Hedge Agreement (the "Hedge Variable Rate") assuming the City and the party or parties with whom the City has entered into the Hedge Agreement make all payments required to be made by the terms of the Hedge Agreement. "Hedge Fixed Rate" shall mean the rate as defined in the definition "Hedge Agreement." "Hedge Variable Rate" shall mean the rate as defined in the definition "Hedge Agreement." "Supplemental Demand Charge" shall mean the supple- mental demand charge described in section 6.2.3 of the Water Services Contract. "Termination Payments" shall mean the termination payments, if any, as defined in section 1.15 of the Water Services Contract. "Water Sales Contract" shall mean the Water Sales Contract, dated July 14, 1993, between the City of Virginia Beach, Virginia, and the city of Norfolk, Virginia. "Water Services Contract" shall mean the Water Services Contract, dated July 14,1993, between the City of Virginia Beach, Virginia, and the City of Norfolk, virginia. section 2.503. Amendment to section 603(e). section 603(e) of the Master Resolution is hereby amended to read as follows: (e) The City of virginia Beach Water and Sewer System Debt Serv ice Reserve Fund, to be he ld by the Fiscal Agent; and - 9 - section 2.504. Amendment to Section 608. hereby amended to read as follows: Section 608 is The F i sca 1 Agent sha 11 use moneys in the Debt Service Reserve Fund to make transfers to the Revenue Bond Fund to the extent necessary to pay when due the principal of (whether at maturity or by mandatory sinking fund redemption) and interest on the Bonds if the amounts on deposit therein are insufficient therefor. In the event the amount on deposit in the Debt Service Reserve Fund is less than the Debt Service Reserve Requirement, the Fiscal Agent shall transfer funds to the Debt Service Reserve Fund to restore the Debt Service Reserve Requirement from available moneys in the Revenue Bond Fund pursuant to Section 605. In the event the amount on deposit in the Debt Service Reserve Fund is less than the Debt Service Reserve Requirement after such transfer from the Revenue Bond Fund, the City shall transfer to the Fiscal Agent from available moneys in the Revenue Account pursuant to section 604, then from the Residual Account pursuant to Section 612 and then from the Renewal and Replacement Account pursuant to section 610 such amount as may be necessary to restore the Debt Service Reserve Fund to the amount of the Debt Service Reserve Requirement, or such lesser amount as may be available. The City shall make up any deficiency in the Debt Service Reserve Fund resulting from a transfer of funds to the Revenue Bond Fund by transferring to the Fiscal Agent for deposit in such Fund on the 25th day of the month following such transfer and each month thereaf- ter an amount not less than one-sixth of such amount until such Fund is restored to the Debt Service Reserve Requirement. In the event the amount on deposit in the Debt Service Reserve Fund exceeds the Debt Service Reserve Requirement, the Fiscal Agent shall (a) prior to delivery of the certificate provided for in section 504, transfer such excess to the City for deposi t in the GE~neral Account in the Construction Fund, and (b) thereafter transfer such excess to the Revenue Bond Fund to be deposited, as directed by an Authorized Representative of the city, in the Interest Account or the Principal Account to the extent amounts in such accounts are less than the amounts required to be paid on the next interest payment date and principal payment date, respectively, and otherwise transfer any remaining excess to the Revenue Fund. section 2.505. Establishment of section 708. The Master Resolution is hereby amended to add the following Section 708: - 10 - Section 708. Hedge Agreements. The City may enter into Hedge Agreements relating to a portion of interest payments on any Bonds. A Hedge Agreement may provide for any of the following: (a) Payments, if any, made to the provider of a Hedge Agreement may be on parity with or subordinate to the debt service payments on the Bonds. A single Hedge Agreement may provide that certa in payments made pursuant to such Hedge Agreement are on par i ty with the debt service payments on the Bonds and certain payments are subordinate to such debt service payments. Payments, if any, received by the City pursuant to the Hedge Agreement mayor may not be included in the calculation of Revenues of the System. All such matters relating to such Hedge Agreements set forth in this subsection (a) shall be determined by the City at the time of execution of the Hedge Agreement. (b) If a Hedge Agreement, the term of which equals the final maturity of a Series of Bonds, is in effect, then Maximum Annual Debt Service for such Series of Bonds will be computed based on the Hedge Fixed Rate or Hedge Variable Rate, as applicable. (c) If a Hedge Agreement, the term of which is less than the final maturity of a Series of Bonds, is in effect, then Maximum Annual Debt Service for such Series of Bonds may be computed based on (i) the Hedge Rate, (ii) the debt service on the Series of Bonds or (iii) either the Hedge Rate or the debt service on the Series of Bonds as may be determined from time to time. All such matters relating to such determinations set forth in this subsection (c) shall be made by the city. (d) The City shall notify the Rating Agencies of any proposed Hedge Agreement at least 30 days prior to its execution. The City shall not execute a Hedge Agreement with a counterparty whose long-term debt is rated less than I A I or have payments under a Hedge Agreement guaranteed by an entity whose long-term debt is rated less than 'A.' For purposes of this subsection (d), such rating shall be given by the Rating Agencies rating the Bonds. ARTICLE VI FEDERAL TAX PROVISIONS section 2.601. Limitations on Use of Proceeds. The City covenants with the holders of the Series of 1993 Bonds as follows: - 11 - (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series of 1993 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series of 1993 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series of 1993 Bonds to be part of an "issue" of obligations that are arbi trage bonds, wi thin the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series of 1993 Bonds to be includable in the gross income of the registered owners 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 of America any part of the earnings derived from the investment of gross proceeds of the Series of 1993 Bonds. (b) Barring unforeseen circumstances, the City shall not approve the use of the proceeds from the sale of any Series of 1993 Bonds otherwise than in accordance with the City's "non-arbitrage" certificate delivered immediately prior to the issuance of such Bonds. (c) The City shall not permit the proceeds of the Series of 1993 Bonds to be used in any manner that would result in either (1) 5% or more of such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in section 141(b) of the Code, (2) 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 (3) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental uni t, as provided in section 141 (c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series of 1993 Bonds from being includable in the gross income of the registered owners thereof under existing law, the city need not comply with such restriction. (d) The Clty shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series of 1993 Bonds from gross income for federal income taxation purposes. section 2.602. Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the united states of America, as and when due, in accor- dance with the "rebate requirement" described in Section 148(f) of the Code and retain records of all such determinations until six years after payment of the Series of 1993 Bonds. - 12 - section 2.603. Calculation and Payment of Rebate Amount. (a) The City selects June 30 as the end of the bond year with respect to the Series of 1993 Bonds pursuant to Treasury Regulation section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year (June 30, 1998), unless such date is changed by the City prior to the date that any amount with respect to the Series of 1993 Bonds is paid or required to be paid to the united States of America as required by section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes, (2) a bona fide arbitrage rebate calculation reporting service, or (3) Bond Counsel. (c) Not later than 60 days after the initial installment computation date, the City shall pay to the united states of America at least 90% of the Rebate Amount as set forth in the Rebate Amount certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment of the Series of 1993 Bonds, the City shall pay to the united states of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series of 1993 Bonds, the City shall pay to the united States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount certificate with respect to the date of final payment of the Series of 1993 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the city receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series of 1993 Bonds from becoming "arbitrage bonds" within the meaning of section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. - 13 - ARTICLE VII MISCELLANEOUS section 2.701. 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 Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series of 1993 Bonds any legal or equitable right, remedy or claim under or in respect to this Second Supplemental Resolution or any covenant; condition or agreement herein contained, this Second Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series of 1993 Bonds as herein provided. section 2.702. SNAP Investment. The Council has received and reviewed the Information Statement dated May 1, 1990 (the "Informa- tion Statement"), descr ibing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I dated January 16, 1989 (the "Contract"). The Council acknowledges that the Treasury Board of the Commonwealth of virginia is not, and shall not be, in any way liable to the city in connection with SNAP, except as otherwise provided in the Contract. section 2.703. Severability. If any provision of this Second Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. section 2.704. Effective Date. This Second Supplemental Resolution shall take effect immediately. ADOPTED: December 7, 1993 - 14 - SIGNA TURE 4t Ale<. (\ ~Jl DEPARTMENT .. APPROVED AS TO LEGAL .fJ} FFI.CI ENCY 1t FO~ M~ f, 'ILL} ~ CITY ATrORNEY APPENDIX A Description of the Project city of virginia Beach, Virginia Water and Sewer System Revenue and Refundinq Bonds Series of 1993 Water System projects 1. 2. 3 . 4. Replacement of existing water mains Construction of new water mains Modification of existing pump stations Replacement of the existing utility control center computers Replacement of existing asbestos cement pipes Demolition and Removal of existing storage reservoir 5. 6. Sewer System projects 1. 2 . 3. 4. Construction of new gravity sanitary sewers Construction of new force mains Modification of existing pumping stations Construction of new pumping stations APPENDIX B FORM OF SERIES OF 1993 BOND REGISTERED REGISTERED R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue and Refunding Bond, Series of 1993 INTEREST RATE MATURITY DATE DATED DATE CUSIP % February 1, 1, 1993 REGISTERED OWNER: Cede & Co. PRINCIPAL AMOUNT: The city of Virginia Beach, Virginia (the "city"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of Central Fidelity Bank, Richmond, Virginia (the "Registrar"), solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each February 1 and August 1, beginning , at the annual rate stated above. Interest is payable (a) from , if this Bond is authenticated prior to , or (b) otherwise from the February 1 or August 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). 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 Registrar. Principal, premium, if any, and interest are payable in lawful money of the united states of America. Notwi thstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Letter of Representations to DTC. B-1 This Bond is one of an issue of $ Water and Sewer System Revenue and Refunding Bonds, Series of 1993 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on November --' 1993 (collectively, the "Resolution"), and the Constitution and statutes of the Common- wealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construc- tion of improvements and extensions to the City's water and sanitary sewer system (the "System") and to refund bonds previously issued by the City for the System, as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be der i ved from the ownership or operat ion of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's $3,000,000 Revenue Bonds, 1977 (P.A. Corp.), $5,100,000 Water and Sewer Revenue Notes, 1977 (P.A. Corp.), $2,000,000 Drought Relief Revenue Bond, 1978, $2,200,000 Water and Sewer Revenue Notes, 1982 (County utilities), $1,800,000 Water and Sewer Revenue Notes, 1982 (Kempsville utilities), and $19,975,000 Water and Sewer System Revenue Bonds, Series of 1992, to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of thE~ City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds may be issued on the terms provided in the Resolu- tion. Bonds maturing on or before February 1, , are not subject to redemption prior to maturity. Bonds maturing on or after February 1, , are subject to redemption prior to maturity at the option of the City on or after February 1, , in whole or in B-2 ---- - part at any time, upon payment of the following redemption prices (expressed as a percentage of principal amount of Bonds to be redeemed) plus interest accrued to the redemption date: Redemption Period Price February 1, February 1, February 1, , through January 31, , through January 31, , or thereafter , inclusive , inclusive , Bonds matur ing on February 1, , are requ ired to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of section of the resolution adopted on November --,1993, on February 1, in years and amounts upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provi- sions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the Director of Finance may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds 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 discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may deter- mine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portlon of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by registered or certified mail, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner thereof. The City will not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the B-3 Bonds, notice of redemption will be mailed to the registered owners of the Bonds. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolu- tion and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the certificate of Authentication appearing hereon and inserted the date of authentication hereon. B - 4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the [manual] [facsimile] signature of its Mayor, to be countersigned by the [manual] [facsimile] signature of its Clerk, a [facsimile of] its seal to be [printed] [impressed] hereon, and this Bond to be dated 1, 1993. COUNTERSIGNED: (SEAL) Clerk, city of Virginia Beach, Mayor, city of Virginia Beach, Virginia Virginia Date Authenticated: CERTIFICATE OF AUTHENTICATION This Bond is one of mentioned Resolution. the Bonds descr ibed in the wi thin- CENTRAL FIDELITY BANK, Registrar By Authorized Signature B - 5 -- ---- --- ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE . . . . . . . . . . . . the within-mentioned Bond and all rights irrevocably constituting and appointing thereunder, hereby , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed (Signature of Registered Owner) NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, with- out alteration or enlargement or any change whatsoever. B - 6 --- . -- - - -- - 16 - ~ RESOL UTIO NSIORDINANCES ITEM # 37455 The following registered to speak expressing concern relative redistricting of the Schools and funding. Juanita Graziadei, 2109 Farmington Court, Phone: 340-0755 Marsha Waller, 312 Eastwood Circle John Maner, 3520 Blue Marlin Circle, Phone: 498-3589 Mayor Oberndorf advised the City Counczl did fully fund the School's request Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED, upon SECOND READING: Ordinance, upon SECOND READING: FY 1993-1994/FY 1998-1999 Capital Improvement Program, and, APPROPRIATE $110,853,544 for the FY 1993-1994 Capital Budget, subject to funds being provided from various sources. 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 *Verbal Nay re inclusion of Sandbridge Sewer Project. December 7, 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 35 36 37 38 39 40 41 42 43 44 45 46 47 1 2 3 4 5 6 AN ORDINANCE TO ADOPT THE FY 1993-94/FY 1998-99 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $110,853,544 FOR THE FY 1993-94 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN AL TERNA TIVE 2A AMENDED WITH SANDBRIDGE 7 WHEREAS, the City Manager, on September 14, 1993, presented to City Council the Capital 8 Improvement Program for fiscal years 1993-94 through 1998-99, 9 WHEREAS, City Council held public hearings on the program to provide for public comment, WHEREAS, based on public comment, City Council has determined the need for certain projects In the Capital Improvement Program, WHEREAS, It IS necessary to appropriate funds for the projects underway or beginning In the 1993-94 fiscal year as set forth In said Capital Improvement Program NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' Section 1: That the program, as modified, for the construction of, or addition to capital facIlities Identified for fiscal years 1993-94 through 1998-99 IS hereby adopted and that projects listed herein are approved as capital projects Section 2 That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled In any manner at any time by City Council Section 3: That funds In the amounts aggregating $110,853,544 for capital projects underway or beginning In the 1993-94 fiscal year as set forth In said Capital Improvement Program are hereby appropriated, subject to the conditions set forth, as follows' CAPIT AL PROJECT APPROPRIATION SCHOOL PROJECTS 1 -006 Various Schools Site AcquIsition 1-010 Ocean Lakes High School 1-053 Larkspur Middle School 1-057 Various Schools Additions/Conversions 1-058 Renovations and Replacements 1-059 Pay-As-You-Go Capital Improvements 1 -062 ADA School Modifications $ 1,308,750 3,330,000 1,700,000 21,444,984 3,750,000 1,000,000 250.000 TOTAL SCHOOL PROJECTS $ 32.783.734 ROADWAY PROJECTS: 2-019 Indian Lakes Boulevard - Phase I 2-021 Rural Road Improvements 2-051 Citywide Parking Improvements (Partial) 2-084 MIlitary Highway 2-086 South Plaza Trail 2-137 Great Neck Road - Phase IV and London Bridge Road - Phase III 2-139 Kempsville Road - Phase III 2 -149 Blrdneck Road - Phase II 2-157 Lynnhaven Parkway - Phase IX 2-209 Courthouse Loop North - Phase II 2-211 Secondary Street Improvements $ 65,128 300,000 51,500 615,988 95,221 202,233 158,888 154,963 158,888 51,667 350,533 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 ROADWAY PROJECTS: (concluded) 2-218 Harbor POint Road Extended 2-816 Traffic Safety Improvements 2-837 Various Cost Participation Projects 2-930 Salem Road 2-987 Independence Boulevard - Phase IV-A TOTAL ROADWAY PROJECTS COAST AL PROJECTS. 2-014 Lynnhaven Inlet Maintenance Dredging 2-077 Citywide Sand Replenishment Project 2-221 Rudee Inlet Seabee Demonstration 2-830 Rudee Inlet Dredging TOTAL COASTAL PROJECTS ECONOMIC AND TOURISM DEVELOPMENT PROJECTS' 2-049 Resort Streetscape Improvements 2-058 Rudee Walk (Partial) 2-066 Oceanfront Connector Parks 2 -141 Economic Development Investment Program 2-198 Burton Station (Partial) 2-199 Conference/Convention FacIlity 2-215 Resort Area Parking Improvements 2-253 Virginia Beach Higher Education Center 2-704 Beach Erosion Control and Hurricane Protection 3-002 Marine Science Museum Expansion TOTAL ECONOMIC AND TOURISM DEVELOPMENT PROJECTS BUILDING PROJECTS: 3-005 Underground Storage Tanks - City 3-01 0 Beach Borough Service Center 3-016 Dredge Operations Relocation 3-01 8 Fire/Rescue Station - Creeds 3-020 ADA BUIlding Modifications 3-021 Family Court Modifications 3-023 Social Services Building Renovation 3-024 Virginia Beach Juvenile Detention Center 3-031 Infection Control Decontamination FacIlity 3-033 Fire Station Roof Replacements 3-034 Fire Station Concrete Repairs 3-035 Farmers' Market Relocation/Agricultural Village (Partial) 3-976 Fire Training Center Enhancements 3-984 Juvenile Detention FacIlity (Chesapeake) 3-992 Pendleton Child Service Center Relocation TOTAL BUILDING PROJECTS PARKS AND RECREATION PROJECTS. 4-935 Princess Anne Park Expansion - Phased Improvements (Partial) 4-950 Neighborhood Park Improvement - Backlog Reduction 4-951 Neighborhood/Community Park AcquIsition Development - High POInt 4-953 Municipal Golf Course Improvements (On-Going) 4-954 Tennis Court Renovations (On-Going) 4-955 Athletic Fields Upgrading and Lighting 4-959 Golf Course Infrastructure and Equipment (On-GOIng) TOTAL PARKS AND RECREATION PROJECTS TOTAL GENERAL IMPROVEMENT PROJECTS STORM WATER UTILITY PROJECTS 2-020 Various Drainage Improvements 2-115 Rosemont Road - Windsor Woods Drainage 2-170 North Beach Drainage - Interim Improvements $ 809,620 814,772 27,777 10,098 951.038 $ 4.818,314 $ 1 5,000 1,030,000 10,000 298.000 $ 1.353.000 $ 1,770,151 1,000,000 2,200,000 1,496,000 1,241,115 250,000 1,706,000 221,000 50,000 40.091 .000 $ 50,025.266 $ 1,782,362 1,063,059 400,000 1,000,000 250,000 210,000 1,754,500 251,000 140,000 380,116 237,600 50,000 320,000 419,213 974.900 $ 9.232.750 $ 640,903 187,577 106,000 181,000 75,000 150,000 $ 200,000 $ 1.540.480 $ 99.753.544 $ 1 60,000 391,000 184,000 106 STORM WATER UTILITY PROJECTS: (concluded) 107 2-179 Pine Ridge Drainage $ 640,000 108 2-183 Storm Water Quality Enhancements 135,000 109 2-190 Laurel Manor Drainage (lntenm) 50,000 110 2-902 North Beach Storm Drainage - Phase III 140.000 111 TOTAL STORM WATER PROJECTS $ 1.700.000 112 WATER UTILITY PROJECTS. 113 5-002 Sandbndge Road - Phase II $ 620,000 114 5-053 Wltchduck POint - 51 % Type 5,000 115 5-056 Thoroughgood - 51 % Type 5,000 116 5-066 17th Street Tank Modifications 12,000 117 5-067 Courthouse and Sandbndge Tank Modifications 500,000 118 5-103 Old Princess Anne Road - 51 % Type 65,000 119 5-108 Stumpy Lake - 51 % Type 100,000 120 5-11 9 Flow Monltonng System 250,000 121 5-1 23 Blrdneck Road - Route 44 Intersection 100,000 122 5-124 Tank Upgrade Program 500,000 123 5-125 Utility Billing Systems Upgrade - Phase I 182,000 124 5-126 Water Quality Program 500,000 125 5-127 Landstown Yard Improvements - Phase II '100,000 126 5-973 First Colonial Road - Phase III 110.000 127 TOTAL WATER UTILITY PROJECTS $ 3.049.000 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 SEWER UTILITY PROJECTS: 6-001 Old Princess Anne Road 6-005 First Colonial Road - Phase III 6-007 Indian River Road/Hillcrest 6-008 Dozier's Bndge 6-022 Indian River RoadlElbow Road 6-023 Indian River Road South 6-024 Salem Road" A" 6-026 Wltchduck POInt 6-029 Princess Anne/Courthouse/Holland Road 6-053 Blrdneck Road - Route 44 Intersection 6-054 Utility Billing System Upgrade - Phase I 6-055 Landstown Yard Improvements - Phase II 6-058 Churchill Downs 6-059 Seaboard Road Golf Course 6-931 Sandbndge 6-939 Comprehensive Sewer Study 6-947 Homestead 6-949 Reon Dnve 6-999 Brock's Bndge TOTAL SEWER UTILITY PROJECTS TOTAL UTILITY PROJECTS TOTAL APPROPRIATIONS To be funded from the following sources. General Appropnatlons General Fund Balance 1993 Charter Bonds Water and Sewer Fund Federal ContrIbution Certificates of Participation Lease-Purchase State ContrIbution Water and Sewer Revenue Bonds Other Private ContrIbution Storm Water Utility Fund TOTAL $ 100,000 26,000 88,000 480,000 125,000 5 5 ,000 271,000 124,000 378,000 100,000 180,110 100,000 80,000 270,000 1,950,000 50,000 1,353,890 500,000 1 20.000 $ 6.351.000 $ 11.100.000 $ 110.853.544 $ 11,530,713 8,608,612 40,200,000 2,000,000 669,500 29,819,734 1,375,000 903,950 7 ADO ,000 1,646,035 5,000,000 1.700.000 $ 110.853.544 In the FY 1993-94 Operating Budget adopted by the City Council on May 11, 1993. Amounts approprIated above amend any 1993-94 fiscal year allocations previously authorIzed accordance with saId CapItal Improvement Program and reallocated as follows: SectIon 4. That capItal project funds appropriated In prior fIscal years are to be adjusted In 169 SCHOOL PROJECTS: 170 TRANSFER TO. 171 1-059 Various Schools Additions/Conversions $ 600,000 172 TOTAL TRANSFERS TO $ 600,000 173 TRANSFER FROM 174 175 176 1-011 Strawbridge Elementary School 1-050 Kemps Landing Renovations 1 -980 Corporate Landing Elementary School $ 100,000 100,000 400,000 177 TOTAL TRANSFERS FROM $ 600,000 178 ROADWAYS PROJECTS. 179 TRANSFER TO: 180 2-019 Indian lakes Boulevard-Phase I $ 1,206,690 181 2-089 Southeastern Expressway AcquIsition 1,663,616 182 2-096 Ferrell Parkway - Phase V (Partial) 25,920 183 2-121 Roadway Impact Reduction 3,744 184 2-122 Gum Swamp Bridge 930,733 185 2-132 London Bridge Road - Extended 386,867 186 2-133 Shore Drive Intersections 10,000 187 2-164 Jeanne Street 10,000 188 2-212 Laskin Road and Holly Intersection 17,113 189 2-213 Queen City Street Improvements 407,104 190 2-218 Harbor POint Road - Extended 509,275 191 2-219 Independence Boulevard-Phase IV-C 1 27,381 192 2-220 Equestrian Racetrack Access Improvements 343,381 193 2-820 Princess Anne Road - Phase III 120,000 194 2-987 Independence Boulevard - Phase IV A 1.435,363 195 TOTAL TRANSFERS TO $ 7,197,187 196 TRANSFER FROM: 197 2-006 Baxter Road Widening $ 40,678 198 2-021 Rural Road Improvements 374,942 199 2-040 West Neck Bridge 70,653 200 2-041 South Plaza Trail Bridge 16,505 201 2-042 Mill Dam Bridge 19,263 202 2-061 Lynnhaven Parkway - Phase VII 49,761 203 2-065 Indian River Road - Phase IV 50,043 204 2-070 Northampton Boulevard - Phase II 261,702 205 2-075 Rosemont Road - Phase IV 2,000,000 206 2-080 Indian River Road - Phase V 1,155,321 207 2-092 Northampton Boulevard - Phase IIA 113,763 208 2 -1 35 L ynnhaven Drive 155,121 209 2-150 Ferrell Parkway-Phase VI and VII 19,212 210 2-167 Lynnhaven Parkway - Phase XI 50,503 211 2-176 Princess Anne/Sandbrldge Road Intersection 594,639 212 2-211 Secondary Street Improvements 201,772 213 2-305 Ferrell Parkway-Phase II 127,381 214 2-600 Virginia Beach Boulevard - Phase II 14,071 215 2-810 Centerville Turnpike - Phase IA 962,856 216 2-820 Princess Anne Road - Phase III 154,397 217 2-925 Northampton Boulevard - Phase I 16,413 218 2-929 Virginia Beach Boulevard - Phase III 280,699 219 2-930 Salem Road 5,000 220 2-945 Newsome Farms Streets 14,858 221 2-962 Pungo Ferry Road Bridge 288,243 222 2-980 Seatack Streets - Phase IIA 22,476 223 2-984 Seatack Streets - Phase liB 136,915 224 TOTAL TRANSFERS FROM $ 7,197,187 225 226 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS TRANSFER TO 227 228 229 2-215 Resort Area Parking Improvements 2-245 West Neck Creek Golf Course 2-049 Resort Streetscape Improvements $ 350,000 1,500,000 2.418,090 $ 4,268,090 230 TOTAL TRANSFERS TO 231 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS. (concluded) 232 TRANSFER FROM' 233 2-094 Dome Area Development $ 2,418,090 234 2-066 Oceanfront Connector Parks 1,500,000 235 2-214 25th Street Park 350,000 236 TOTAL TRANSFERS FROM $ 4,268,090 237 STORM WATER PROJECTS: 238 TRANSFER TO: 239 2-115 Rosemont Road - Windsor Woods $ 474,962 240 2-181 Pocahontas Village Drainage System Improvements 50,000 241 2-186 Windsor Woods Drainage 70,000 242 2-190 Laurel Manor Drainage (Interim) 180,000 243 2-819 Ocean Park Storm Drainage 1,488,862 244 2-823 Salem Canal Improvements 63,204 245 TOTAL TRANSFER TO $ 2,327,028 246 TRANSFER FROM: 247 2-020 Various Drainage Improvements $ 180,000 248 2-113 NPDES Storm Water System Permit 500,000 249 2-800 Lynnhaven Colony Drainage 306,000 250 2-821 Diamond Lake Estate Storm Drainage 291,998 251 2-902 North Beach Storm Drainage 473,030 252 2-960 Oceana Gardens West Drainage 576.000 253 TOTAL TRANSFERS FROM $ 2,327,028 254 BUILDING PROJECTS' 255 TRANSFER TO. 256 3-007 Pesticide/Paint Storage FacIlity $ 40,000 257 3-010 Beach Borough Service Center 1,092,828 258 3-01 7 PavIlion Roof Repairs 50,000 259 3-029 Municipal Center Court Entry System 110,000 260 3-944 Fire State - Little Neck 27,000 261 3-945 London Bridge Fire Station Number 3 14 262 3-989 Refuse Collection and Garage FacIlity 150,000 263 TOTAL TRANSFERS TO $ 1,469,842 264 TRANSFER FROM 265 3-826 Energy Conservation Program $ 33,080 266 3-910 Kempsville Public Safety/Library 43,801 267 3-967 Correction Center Addition 35,691 268 3-968 General Booth Fire Station 1,301,923 269 3-986 Municipal Center Renovation/Programming 55,347 270 TOTAL TRANSFERS FROM $ 1,469,842 271 PARKS AND RECREATION PROJECTS: 272 TRANSFER TO' 273 4-960 Outdoor Plan Initiative Reserve $ 1,398,000 274 TOTAL TRANSFERS TO: $ 1,398,000 275 TRANSFER FROM' 276 4-948 Scenic Waterways Improvements $ 398,000 277 4-952 Future Community Park AcquIsition 1 ,000 ,000 278 TOTAL TRANSFERS FROM $ 1,398.000 279 280 281 282 283 WATER AND SEWER UTILITY PROJECTS. TRANSFER TO' 5-053 Wltchduck POInt - 51 % 5-066 17th Street Tank Modifications 5-068 Comprehensive Water Study - Phase II $ 50,000 1 8,000 100,000 284 WATER AND SEWER UTILITY PROJECTS. (concluded) 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 5-069 Small line Improvements - Phase II 5-071 Water Request and Agreement Projects - Phase II 5-097 Busky Lane/Poyner Lane - 51 % 5-118 Computerized Mapping Program 6-005 First Colonial Road - Phase III 6-008 Dozier's Bridge 6-015 Infiltration, Inflow, and Rehabilitation - Phase II 6-026 Wltchduck POint 6-044 Terrace Avenue/14th and Parks 6-046 Computerized Mapping 6-925 Atlantic Avenue 6-937 Aragona Rehabilitation 6-938 Princes Anne Plaza Rehabilitation 6-944 Princess Anne Hills 6-947 Homestead $ 350,000 50,000 10,000 950,000 74,000 210,000 1,350,000 131 ,000 200,000 950,000 100,000 200,000 700,000 200,000 306.110 300 TOTAL TRANSFERS TO $ 5.949.110 301 TRANSFER FROM' 302 5-001 Virginia Beach Boulevard - Phase III $ 50,000 303 5-022 Great Neck POint 261,866 304 5-038 North Seaboard Road 18,153 305 5-040 Lynnhaven Acres 43,091 306 5-041 Bells Road - Blrdneck Road 500,000 307 5-044 Independence Boulevard - Phase IIA-2 70,000 308 5-045 Independence Boulevard - Phase III 50,000 309 5-048 Lynnwood/Mlchaelwood - 51 % 29,000 310 5-049 Woodland - 51 % 29,000 311 5-051 Robbins Corner - 51 % 59,149 312 5-070 Various Highway Projects - Phase II 100,000 313 5-079 Rosemont Road - Phase IV 100,000 314 5-1 21 Princess Anne Road - Phase V 100,000 315 5- 711 Centerville Turnpike 100,000 316 5-921 London Bridge Road - Phase II 50,000 317 5-953 Great Neck Road - Phase II 40,000 318 5-967 Cavaller/Llnkhorn Park 50,000 319 5-980 Shore Drive Pump Station Modifications 11 ,000 320 5-990 Virginia Beach Boulevard - Phase II 30,000 321 5-996 Dam Neck Road - Phase I 30,000 322 6-010 Red Tide Drive 50,000 323 6-012 South Plaza Trail 48,000 324 6-016 Pump Station Modifications - Phase II 450,000 325 6-018 Various Sewer Projects - Phase II 200,000 326 6-043 Bonney Road Pump Station and Force Main 130,000 327 6-825 Virginia Beach Boulevard 30,000 328 6-930 Lynnhaven Acres 160,000 329 6-934 Bay Colony 700,000 330 6-939 Comprehensive Sewer Study 700,000 331 6-940 East Sparrow Road 200,000 332 6-942 Great Neck POint 420,000 333 6-945 Larkspur 300,000 334 6-954 Virginia Beach Boulevard - Phase II 50,000 335 6-962 Timberlake Force Main 450,000 336 6-963 Dam Neck Road - Phase I 60,000 337 6-970 Virginia Beach Boulevard - Phase III 75,000 338 6-993 Old Dam Neck/Upton 204.851 339 TOTAL TRANSFERS FROM $ 5,949.110 340 Section 5. That additional appropriations and the addition of capital projects shall not be 341 Initiated except with the consent and approval of the City Council first being obtained. 342 Section 6 That the restriction with respect to the expenditure of funds appropriated 343 shall apply only to the totals of each project class. All contracts awarded for approved and appropriated 344 capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of 345 Finance prior to the initiation of work on the contract 346 347 Section 7. That the Capital Improvement Program debt management policies contained and Included In the C.I.P. Policies and Process Section of the Capital Improvement Program document shall be the 348 349 350 351 352 353 354 355 356 357 358 359 policy gUIdelines of the city and that the City Manager shall annually report on the status of those gUIdelines and the projected Impact of the proposed Capital Improvement Program on those gUIdelines, such information to be Included In the Capital Improvement Program submittal. The City Manager may propose modifications to those policies and gUIdelines through the Capital Improvement Program. Section 8 That this ordinance shall be In effect from and after the date of ItS adoption Section 9 That If any part or parts, section or sections, sentences, clauses, phrases of this ordinance IS for any reason declared to be unconstitutional or invalid, such decIsion shall not affect the validity of the remaining portions of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of December,1993 First Reading: November 23. 1993 December 7 1993 Second Reading. Approved as to Content / ~~ Department of 7 Management and Budget APPROVED AS TO LEGAL SUFFlCIENCY f/l - 17- lY::::L CONSENT AGENDA ITEM # 37456 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE MOTION items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood o. Branch, III, James W. Brazzer, 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 December 7, 1993 - 18 - /Y=Ll CONSENT AGENDA ITEM # 37457 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to adopt the Comprehensive Housing and Neighborhood Strategy as this City's official policy; and, authorizing the City Manager mbmit a Comprehensive Housing Affordability Strategy, based on such strategy, to the u.S. Department of Housing and Urban Development. 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 Vzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 AN ORDINANCE TO ADOPT THE COMPREHENSIVE HOUSING AND NEIGHBORHOOD STRATEGY 3 4 AND TO AUTHORIZE THE CITY MANAGER TO SUBMIT A COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY BASED ON SUCH STRATEGY TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 5 6 7 WHEREAS, the Council of the City of Virginia Beach has reviewed the Comprehensive Housing and Neighborhood Strategy and wishes to endorse its goals and objectives, and WHEREAS, the Comprehensive Housing and Neighborhood Strategy contains goals and objectives that are in furtherance of the overall goals of the City of Virginia Beach, NOW, THEREFORE BE IT ORDAINED, that the Comprehensive Housing and Neighborhood Strategy is adopted as the official policy of the City, and BE IT FURTHER ORDAINED that the CIty Manager IS authorized to submit a Comprehensive HousIng Affordability Strategy (CHAS) to the U. S. Department of Housing and Urban Development, providing that the CHAS is based on the goals and objectives of the Comprehensive Housing and Neighborhood Strategy. Adopted by the Council of the City of Virginia Beach on the 7 December, 1993. day of Approved as to Conten!s: '7 rlrf] >~ j' . .f.' j . An rew M. Friedmtan, Director Housing and Neighborhood Preservation - 19 - lY=L2. CONSENT AGENDA ITEM # 37458 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $19,000 from two (2) VIrginia Department of Motor Vehicle (DMV) Grants re enhancing the Habitual Traffic Offender Program and selected traffic enforcement areas. 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 Wliliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE $19,000 FROM TWO COMMONWEALTH OF VIRGINIA DEPARTMENT OF MOTOR VEHICLE GRANTS TO ENHANCE THE HABITUAL TRAFFIC OFFENDER PROGRAM AND SELECTED TRAFFIC ENFORCEMENT AREAS 1 WHEREAS, the Police Department applied for and received two "mini-grants" from 2 the Commonwealth of Virginia Department of Motor Vehicles to enhance the City's Habitual 3 Traffic Offender Program which tracks and serves court orders on those offenders whose 4 privilege to drive has been revoked by the Circuit Court and to enhance selected traffic 5 enforcement areas, specifically the Shore Drive area, which have been the sites of numerous 6 serious traffic accidents; 7 WHEREAS, funds from these two grants are provided to the City on a 8 reimbursement basIs; 9 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that two grants from the Commonwealth of Virginia Department of Motor Vehicles In the amount of $19,000 be accepted and appropriated for the purpose of enhancing both the Habitual Traffic Offender Program and the selected enforcement areas. BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth In the FY 1993-94 Operating Budget be Increased by $19,000. Adopted by the City Council of the City of Virginia Beach on Seventh day of December , 1993. -"-=--~ ' I ~""'~~--:.~....1 Approved as to Content ~~/ Walter C. Kraem~Jr. Deputy Director, Management and Budget - 20- Ædl CONSENT AGENDA ITEM # 37459 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to APPROPRIATE $16,200 from Francis Land House Trust Fund re operating expenses and purchase of access equipment and period furniture. 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. Lan tezgn e, 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 December 7, 1993 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO APPROPRIATE $16,200 FROM FUND BALANCE IN THE FRANCIS LAND HOUSE TRUST FUND FOR OPERATING EXPENSES AND THE PURCHASE OF EQUIPMENT AND FURNITURE FOR THE FRANCIS LAND HOUSE 1 WHEREAS, the Friends of the Francis Land House desire to 2 appropriate $16,200 of available funds in the Francis Land House 3 Trust Fund for operating and program expenses and the purchase of 4 period furniture for the Francis Land House, and reimbursement to 5 the Board of Governors for special equipment to allow disabled 6 visitors better access to the Francis Land House; 7 8 WHEREAS, the current balance in the Francis Land House Trust 9 fund exceeds the requested appropriated amount; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $16,200 be appropriated from the Francis Land House Trust Fund for operating and program expenses and the purchase of access equipment and period furniture for the Francis Land House. This ordinance shall be effective on the date of its adoption. Adopted Council Beach, by the City of the Virginia of Virginia, on the Seventh , 1993. of December APPROVED AS TO CONTENT: ~~~/ Deputy Director Department of Management and Budget -. ~V'EÐ_"Q , ;N\J¥ - 21 - ~ CONSENT AGENDA ITEM # 37460 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED: CERTIFICATES OF PUBliC CONVENIENCE AND NECESSITY NITE LIFE MARINA, INC. DIAMOND CAB COMPANY Voting: 11-0 Council Members Voting Aye: John A. Bawn, 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 December 7, 1993 - 22 - ~ CONSENT AGENDA ITEM # 37461 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED: Ordinance authorizing tax refunds in the amount of $3,647.71 upon application of certain persons and upon certificatzon of the City Treasurer for payment. 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 Wliliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 11/16/93 EMC FORM NO C A 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: NAME Tax Year Type of Tax Ticket Number Exonera- tion No. Date Paid Penalty Int. Total Boyd Corp 93 RE(1/2) 011787-4 6/5/93 418.78 Boyd Corp 93 RE(2/2) 011787-4 6/5/92 360.52 Kelly T & Verda J Rice 91 RE(1/2) 095300-7 11/13/90 131. 58 Kelly T & Verda J Rice 91 RE(2/2) 095300-7 11/13/90 131. 58 Kelly T & Verda J Rice 92 RE(1/2) 095839-6 12/4/91 138.98 Kelly T & Verda J Rice 92 RE(2/2) 095839-6 5/12/92 138.98 Pamela E Behrens 90 RE(1/2) 007947-2 11/21/89 41.52 Pamela E Behrens 90 RE(2/2) 007947-2 6/5/90 41. 52 Pamela E Behrens 91 RE(1/2) 007960-3 12/3/90 43.86 Pamela E Behrens 91 RE(2/2) 007960-3 5/21/91 43.86 Pamela E Behrens 92 RE(1/2) 007872-9 12/5/91 46.33 Pamela E Behrens 92 RE(2/2) 007872-9 6/1/92 46.33 Pamela E Behrens 93 RE ( 1/2) 007949-7 12/5/92 46.33 Albert & Diana Jensen 90 RE(2/2) 055975-6 7/28/93 542.04 Norbert Jr & Candice Wilson 92 RE(1/2) 126167-1 12/5/91 138.98 Norbert Jr & Candice Wilson 92 RE(2/2) 126167-1 6/5/92 138.98 Norbert Jr & Candice Wilson 91 RE(1/2) 125314-6 12/5/90 131. 58 Norbert Jr & Candice Wilson 91 RE(2/2) 125314-6 6/5/91 131.58 Philip Jr & Mary J Morgan 90 RE(1/2) 079379-8 12/5/89 124.57 Bhilip Jr & Mary J Morgan 90 RE(2/2) 079379-8 6/4/90 124.57 Philip Jr & Mary J Morgan 91 RE(1/2) 080311-6 12/5/90 131. 58 Philip Jr & Mary J Morgan 91 RE(2/2) 080311-6 6/5/91 131.58 Philip Jr & Mary J Morgan 92 RE(1/2) 080750-3 12/5/91 138.98 Philip Jr & Mary J Morgan 92 RE(2/2) 080750-3 6/5/92 138.98 Patrick L Standing 91 RE(1/2) 109151-6 12/5/90 10.32 Patrick L Standing 91 RE(2/2) 109151-6 6/5/91 10.32 Patrick L Standing 92 RE(1/2) 109842-0 12/5/91 10.90 Patrick L standing 92 RE(2/2) 109842-0 6/5/92 10.90 Interior Trends Inc 92 PP 101869-4 10/7/92 76.68 Gerald J Michaels N/A Pkng 430124 8/23/93 25.00 Total 3,647.71 This ordinance shall be effective from date of adoption. The above abatement(s) totaling j3. 647. 7! were approved by the Council of the City of Virginia Beach on the-L day of December, .1993 Approved as to form. Ruth Hodges Smith City Clerk - 23 - ~ CONSENT AGENDA ITEM # 37462 upon motion by Vice Mayor Sessoms, seconded by councibnan Moss, CIty Council APPROVED: Ordinance aut/wrizing Ucense refunds in the amount of $21,027.11 upon application of certain persons and certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 FOR'" NO CA 8 REV 31M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved. NAME License Year Int Date Paid Total Base Penalty Aetna Finance Co. T/A ITT FlnanClal Service P.o. Box 9394 Minneapolis, MN 55440 1993 5,049.35 The Artlsian Bulldlng Group Ltd. 814 H Greenbrier Circle 1992 Chesapeake, VA 23320 Broyle, Andrew 1991-92 T/A Broyles Construction Co. 108 London Bridge Sic Virglnia Beach, VA 23454 This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 5,418.96 of the City of Virginia Beach on the 7 day of Ruth Hodges Smith City Clerk Audlt 5,049.35 Audit 36.24 36.24 Audlt 333.37 333.37 Certified as to Pavment ~~~j/ ~Óbert P Vaugr.an f Commissioner aT the Revenue é- -- Approved as to form L¿(~d~~' Leslie L Lilley 7 City Attorney were approved by the Council December 1993 I FORM NO C A. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Base License Year Date Paid Total Penalty Int Building Repair Specla1ists Inc. 509 Chesopean Trail 1990-92 Virginia Beach, VA 23452 Canaan Enterprises Inc. 1993 T/A Professlonal Halr Instltute 1401 Greenbrier Parkway #500 Chesapeake, VA 23320 Courthou se TCB Inc. T/A Courthouse citco 3248 S. Sandpiper Road Virglnia Beach, VA 23456 1991-92 ThiS ordinance shall be effective from date of adoption The above abatement(s) totaling $ 1,646.00 of the City of Virginia Beach on the 7 day of Ruth Hodges Smith City Clerk Audlt 123.62 123.62 Audlt 1,349.38 1,349.38 Audit 173.00 173.00 Certified as to Payment 7 /' 4/ ,-> ~/ ~ ';~/ ~ (~/~ -¿ L-ifobert P Vaughan ì CommisSioner of \he Revenue Approved as to form L site L Lilley CIty Attorney were approved by the Council December ,19 93 :()RM NO CA.., REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved. NAME License Year Date Paid Base Penalty Int Total Estes, Wayne A. T/A Wayne Estes Garage 900 BUSlness Park Drlve Chesapeake, VA 23320 1991-93 Audit 186.51 186.51 Freeman & Smlth Inc. 5764 Pontiac Road Vlrginla Beach, VA 23462 1991-92 Audit 44.40 44.40 Four Snows Inc. T/A Lawn and Garden 1513 S. Batt1efle1d Blvd. Chesapeake, VA 23322 1992 Audlt 40.00 40.00 Certified as to Paymellt ;, ..... ~ ......./ ¿ , d./"" ~ d~- ,/~,.. :...r'" - -- L--R6bert P vaug~~n) - Commissioner OT the Reve'ìue Approved as to form /~~ Lw'e L Lilley City Attorney This ordinance shall be effective from date of adoption The above abatement( s) totaling $ 270. 9 + were approved by the Counc¡ of the City of Virginia Beach on the 7 day of December I 19 93 Ruth Hodges Smith City Clerk - FORM NO C A.. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA That the following applications for license refunds. upon certIfication of the Commissioner of the Revenue are hereby approved NAME License Year Date Paid Base Penalty Int Total Henderson, Dallas T/A G & L Marketlng 2424 Alabama Avenue Norfolk, VA 23513 1990-92 Audlt 6,077.11 6,077.11 ITT Educational Service Inc. P.O. Box 68888 1992-93 Indlanapolis, IN 46268 Audlt 5,794.60 5,794.60 J & R Sharpening Co. 4625 Paul Revere Road Virglnia Beach, VA 23455 1992-93 Audit 36.15 36.15 Certified as to ?ayme'lt - ---;:; /' -~ /' ~ ~;::~.~;, ~ L--Robert P Vauar.an / CommiSSioner Of the R-éve'lue Approved as to form ~¿~ ~lIe .L ~y ~ City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 11,907.86 were approved by the Council of the CIty of Virginia Beach on the 7 day of December . 19 93 Ruth Hodges SmIth CIty Clerk FORM NO C A.. 8 REV 31M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int Total Gail T. Simpson Inc. 4613 Boxford Road Vlrglnia Beach, VA 23456 1992 Audlt 26.40 26.40 Gwaltney, Kent L. 1991-92 T/A Bayslde Lawn Garden & Pet Supply 177 S. Main Street Suffolk, VA 23434 Audit 381.92 381.92 Hathaway, John S. T/A Hathaway & Wheeler 333 Wltchduck Road Virginia Beach, VA 23462 1991-93 Audit 195.57 195.57 Certified as to Payment ,/ ~ ~/ ~~ /---7 ~ ~/ -~----- ~obert P Vaugnan / CommIssioner 6T me Revenue Approved as to form <~. 'l-éSÍle L Lllle~) City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 603.89 were approved by the Council of the City of VirginIa Beach on the 7 day of December . 19 93 Ruth Hodges Smith City Clerk FORM NO C A.. 8 REV :w6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicatIons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME License Year Date Paid Base Penalty Int Total J M D Ltd. T/A Supercuts 1312 Debree Avenue Norfolk, VA 23517 1991-92 Audlt 238.62 238.62 J R a Inc. 1992-93 Audlt T/A OptlcS Un1lmlted/Optica1 Advertlsers 605 Jack Rabblt Road Virglnla Beach, VA 23451 88.22 88.22 K Z Construction Inc. 2501 Morgan Ml11 Court Vlrginla Beach, VA 23454 1992 Audit 115.34 115.34 CertlTlea as to Paymer"Jt -- 7 -? c-L< ~~~) ~ COmm!SSIOner or fhé Revenue Aporoved as to form /~,~ L:eSlle L Lilley -- ~ City Attorney ThIS ordinance shall be eHectlve from date of adoption The above abatement(s) totaling $ 442.18 were approved by the Council of the City of Virginia Beach on the 7 day of December I 19 93 Ruth Hodges Smith City Clerk FORM NO C A. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved. NAME License Year Date Paid Base Penalty Int Total Lawler, Christlne Marle 3931 Long Polnt Blvd. Portsmouth, VA 23703 1990-93 Audlt 30.00 30.00 Lawson, Cleo R. 1991 T/A Advanced Carpet Cleaners 2516 Hood Drive Virglnla Beach, VA 23454 Audit 108.68 108.68 Lynnhaven Travel Center Inc. 2872 Vlrginia Beach Blvd. 1992-93 Virginla Beach, VA 23452 Audlt 84.00 84.00 Certlflea as tc =-3ymer'1t --- ~ A¥¿::? ~ ~ert P Vauanar ,/' - -' CommisSIoner or the Revenue Approved as to form This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 222.68 ~- Leslie Lillev City Attorney were approved by the Counel: of the City of Virginia Beaeh on the 7 day of December ,19 93 Ruth Hodges Smith City Clerk FORM NO C A. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA That the following applicatIons for license refunds. upon certifIcation of the CommIssIoner of the Revenue are hereby approved NAME License Year Base Date Paid Total Penalty Int Mlster Jims Submarlnes Inc. P.O. Box 2082 1991-92 Chesapeake, VA 23327 M & M Pets of Vlrginia Inc. T/A M & M Pets of Virglnla-Arnes De 1298 W. Little Neck Road 1992 Vlrglnla Beach, VA 23452 Manda1erls, Perry K. 1993 Pembroke 5, Building 5 #412 Virg~nla Beach, VA 23462 ThIS ordinance shall be effective from aate of adoption The above abatement(s) totaling $ 259.96 of the City of Virginia Beach on the 7 day of Ruth Hodges Smith City Clerk Audit 32.89 32.89 Audlt 32.36 32.36 9/28/93 194.71 194.71 Certlflea as to ?ayme"'. :; -- // ~/ ~~~e~:SI::~ e/~even~e-- Approvea as to form were approved by the Council December ,19 93 FORM NO C A.. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CEAT AIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA That the following applications for license refunds. upon certIficatIon of the Commissioner of the Revenue are hereby approved NAME License Year Date PaId Base Penalty Int Total ManZlone, Robert & Debra T/A Turf Rider 2025 Falllng Sun Lane Virglnia Beach, VA 23454 1991-92 Audit 57.34 57.34 Marpak Corporatl0n T/A WEE Enterprlses 1429 Dunstan Lane Virginia Beach, VA 23455 1991 Audit 43.23 43.23 Moore, Thomas L. & Stephanie A. T/A Tldewater Mortgage Reductl0n 2477 Entrada Drlve 1991-92 Vlrglnla Beach, VA 23456 Audit 24.00 24.00 Cer1lTleO as to ?avrler"1t oben P Vaugnan Comrrl'SSloner OT the Aporovea as to form /~~~ LêSlle L Lilley ¿- City Attorney ThIS ordinance shall be effectIve from date of adoption The above abatement(s) totaling $ 124.57 were approved by the Council of the CIty of VIrgInIa Beach on the 7 day of December . 19 93 Ruth Hodges SmIth CIty Clerk FORM NO C A.. 8 REV 3IIE AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA That the following applicatIons for license refunds, upon certIfIcation of the CommIssIoner of the Revenue are hereby approved NAME License Year Date Paid Base Penalty Int Total Nahl, Mlchael E., LPC 732 Alder Clrcle Vlrginla Beach, VA 23462 1992-93 Audit 10.10 10.10 Worrie, Gary & Arthur Cardl110 T/A Custom Homes By Ray-Car 1726 Harvest Bend Court 1992 Vlrglnia Beach, VA 23464 Audlt 120.00 120.00 Ce'1lflea as tc ='avment -/ ~~~~ ~ober1 P v~ug~a" y- CommISSIoner or rile Revenue Approvea as tc form ~ Ie L Lilley City Attorney ThiS ordinance shall be effective from aate of adoption The above abatement(s) totaling $ 130.10 were aoproved by the Council of the City of Virginia Beach on the 7 day of December ,19 q1 Ruth Hodges Smith City Clerk - 24 - l1m1.Æ:=LL. APPOINTMENTS ITEM # 37463 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: BOARD OF BUIWING CODE APPEALS (New Construction Division) Robert L. Yoder 2 Year Term 01/01/94-12/31/95 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 December 7, 1993 - 25 - ~ APPOINTMENTS ITEM # 37464 Upon NOMINATION by VIce Mayor Sessoms, City Council REAPPOINTED: CHESAPEAKE BAY PRESERVATION AREA BOARD Robert H. DeFord, Jr. James L. Kitchin, Jr. Edward L. Vaughan 3 Year Terms 01/01/94 - 12/31/96 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 December 7, 1993 - 26 - ~ APPOINTMENTS ITEM # 37465 Upon NOMINATION by Vice Mayor Sessoms, City Council: COMMUNITY SERVICES BOARD APPOINTED: Priscilill Beede REAPPOINTED: Donald V. Jellig Robert F. Hagans Mary W. Johnson John Y. Richardson 3 Year Terms 01/1/94 - 12/31/96 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. Lantezgne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 27- ~ AP PO INTMENTS ITEM # 37466 Upon NOMINATION by Vice Mayor Sessoms, City Council: RESORT AREA ADVISORY COMMISSION APPOINTED: Gerry Porterfield REAPPOINTED: David R. Hagar Roger F. NewiU Edmund C. Ruffin Robert M. Tata, Jr. 3 Year Terms 01/1/94 - 12/31/96 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 December 7, 1993 - 28- ~ APPOINTMENTS ITEM # 37467 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: TIDEWATER DETENTION HOME (Less Secure Unit) Carrollyn C. Cox 3 Year Term 01/01/94-12/31/96 Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lantezgne, 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 December 7, 1993 - 29- ~ APPOINTMENTS ITEM # 37468 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: VIRGINIA BEACH CRIME TASK FORCE Gail Nilsen unexpired term thru 2/28/96 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 December 7, 1993 - 30- ~ APPOINTMENTS ITEM # 37469 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: SCHOOL BOARD James R. Darden Lynnhaven Borough 6 Month Term 01/01/94-06/30/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, 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 December 7, 1993 - 31 - ~ APPOINTMENTS ITEM # 37470 Upon NOMINATION by VIce Mayor Sessoms, City Council APPOINTED: SCHOOL BOARD Susan L. Creamer Blackwater Borough 2-1/2 Year Term 01/01/94-06/30/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, II/, 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 Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 32 - ~ APPOINTMENTS ITEM # 37471 Vice Mayor Sessoms and Councilman Moss stated the following NOMINATIONS for the School Board's two At-Large Positions: Sharon Davis, Michael B. Hamar, Joseph D. Taylor, II and Ferdinand V. Tolentino. Council Members Voting for Sharon Davis: Robert K Dean, John D. Moss, Nancy K Parker and Mayor Meyera E Oberndorf Council Members Voting for Michael B. Hamar: Robert K Dean, John D. Moss and Nancy K Parker Council Members Voting for Joseph D. Taylor, II: John A. Hawn, Linwood O. Branch, III, James W Brazier, Jr., Robert W Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting for Ferdinand V. Tolentino: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. City Council APPOINTED: SCHOOL BOARD Joseph D. Taylor II Fermnand V. Toknûno At-Large 2-1/2 Year Terms 01/01/94 -6/30/96 December 7, 1993 - 33- ~ APPOINTMENTS ITEM # 37472 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM VIRGINIA BEACH FOUNDATION, INC. December 7, 1993 - 34- l1mLÆ=KL. UNFINISHED BUSINESS ITEM # 37473 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED: . Ordinance establishing a Legislative Committee for the purpose of making recommendations to City Council re City's Legislative Package; and, APPROPRIATE $1,800 /10111 the Gellelal Fw,d Resel tie fol Co"tillge"ci~ for the purchase of City Fltlgs with staffs and bases to be displayed in the Richmond Office of each of the Members of the City's local delegation to the General Assembly. .These flags shall relTUlin in the Richmond Office of each of the members of the City s local delegation. The funds for the flags shall be from the Economic Development Fund. 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 Vzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 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 35 Requested by Councilmember James W. Brazier, Jr. 1 2 3 4 5 6 7 8 9 AN ORDINANCE ESTABLISHING A LEGISLATIVE COMMITTEE FOR THE PURPOSE OF MAKING RECOMMENDATIONS TO CITY COUNCIL REGARDING THE CITY'S LEGISLATIVE PACKAGE, AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,800 TO PURCHASE CITY FLAGS WITH STAFFS AND BASES TO BE DISPLAYED AND TO REMAIN IN THE STATE OFFICE OF EACH OF THE MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY WHEREAS, in the fall of each year, City Council prepares, and submits to the City's local delegation to the Virginia General Assembly, a legislative package comprised of proposed legislation that would be beneficial to, or is considered necessary for, the City in the conduct of its affairs; WHEREAS, there are numerous special interest groups within the City who may be affected by such proposed legislation and who may have additional proposals for legislation that would be in the interests of the City; and WHEREAS, the input and recommendations of these groups would assist the in its Council preparation greatly the of legislative package. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That there is hereby established a Legislative Committee for the purpose of providing input and recommendations to City Council regarding legislative submitting the package and a recommended legislative package to the Council to assist the Council in its preparation of a final legislative package; BE IT FURTHER ORDAINED: That the members of the Committee shall be appointed by City Council and shall include all of the members of the City's local delegation A Virginia to the General Assembly. representative organization intending from to submit any legislation for possible inclusion in the legislative package shall be invited to appear before the Committee to present their proposed 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 legislation and to enable the Committee to determine if the City of Virginia Beach would benefit from the proposed legislation; BE IT FURTHER ORDAINED: That City Council hereby expresses its desire to provide a City of Virginia Beach flag with staff and base to be displayed and to remain in the Richmond office of each of the members of the City's local delegation to the Virginia General Assembly, and hereby appropriates $1,800 from Economic Development funds for the purpose of purchasing the flags, staffs and bases; BE IT FURTHER ORDAINED: That the City Clerk is hereby directed to provide a certified copy of this ordinance to each of the members of the City's local delegation to the Virginia General Assembly; and BE IT FURTHER ORDAINED: That this Ordinance shall supersede Resolution No. R-92- 02113 adopted by City Council on September 22, 1992. Adopted by the Council of the City of Virginia Beach, 7 December Virginia, on the day of , 1993. CA-5367 LEGCOM2.0RD R-3 PREPARED: 12/08/93 2 - 35- I1mLIY=.L..L. NEW BUSINESS ITEM # 37474 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION: Upon motion by Councilman Branch, seconded by Councilman Brazier, City Council ADOPTED, AS AMENDED: Resolution requesting the General Assembly enact enabling legislation re repair or removal of defacements of buildings and structures. *The perpetrator of the crime shall be responsible for the expense and clean up of the damage. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert K Dean, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent: Robert W. Clyburn and VIce Mayor WIlliam D. Sessoms, Jr. December 7, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Requested by Mayor Meyera Oberndorf and Councilmember Linwood Branch 1 2 3 4 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ENACT ENABLING LEGISLATION PERTAINING TO THE REPAIR OR REMOVAL OF DEFACEMENTS OF BUILDINGS AND STRUCTURES 5 WHEREAS, the City of Virginia Beach has sought to maintain and 6 enhance the appearance of the ci ty as a clean and attracti ve 7 community through numerous initiatives; and 8 WHEREAS, graffiti and other defacements of property detract from the appearance of the City and convey an image of blight and 9 decay; and WHEREAS, present laws against defacing property are difficult to enforce and have proven to be inadequate in controlling graffiti and other defacements of property; WHEREAS, broader authority under state law is needed to enable the City to require the removal of graffiti and other defacements, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That during its 1994 session, the General Assembly is hereby requested to enact appropriate legislation, in substantially the same form as the proposed legislation attached hereto, conferring upon cities and other expanded authority to graffiti control defacements of property, but ensuring that such legislation does not exclude any right or action to hold a person defacing property responsible for the costs of removal and cleanup. The City Clerk is hereby directed to forward a certified copy of this Resolution and attachment to each of the members of the City's General Assembly delegation. CA-93-5369 Noncode\Graffiti.Res R-2 12/09/93 ADOPTED: December 7, 1993 PROPOSED TEXT OF VIRGINIA CODE SECTION 15.1-11.2:1, RE THE REMOVAL, ETC. OF DEFACED STRUCTURES 15.1-11.2:1. Authorit to re ire removal defaced buildings and other structures. etc. of The governing bodY of any city may. by ordinance. provide: ~he owner of property therein shgll. wtthj.n sucQ reasona~me and~ter sucþ reasonaQ¡e notJce as the governing body may prescribe. remove or re~air any defacement of any building, wall or other structure owned by him; 2 Tha t the overnin of such city. throuqh its own agents. contractors or employees, may remove or re~air any such defacement when the owner of the property defaced. after reasonable notice and a reasonable time to do so, has failed to remove or repair such defacement: ~hat in tpe event ~he governing QQQY of suc~ty. tþrough its own agents or employees, removes or repairs any such defacement, the cost or expenses thereof, including reasonable administrative expenses, shall be chargeable to the owner of the property defaced. ~hat every suc~arge, or any unpa~ portion tþereo~ shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and may be enforced by the city as taxes and levies are collected or, at the option of the city, recovered in an action at law. -->- I -- --- PROPOSED TEXT OF VIRGINIA CODE SECTION 15.1-11.2:1, RE THE REMOVAL, ETC. OF DEFACED STRUCTURES 15.1-11.2:1. Authorit to re uir. removal defaced buildinqs and other structure.. The governing body of any city may. by ordinance. provide: etc. of ~he owner of property ~herein shä!J. w~n such reasonable time and after such reasonable notice as the governing bodY may prescribe. remove or repair any defacement of any building. wall or other structure owned by him: ~hat tþe governing QQQY of sucþ city. ~hroug~ts own aqents. contractors or employees. may remove or repair any such defacement when the owner of the property defaced. after reasonable notice and a reasonable time to do so. has failed to remove or repair such defacement: 3 That in the event the overnin of such cit throu h its own agents or employees. removes or repairs any such defacement. the cost or expenses thereof. including reasonable administrative expenses. shall be chargeable to the owner of the property defaced. ~t every suc~harge. or any unpa~ por~ion tþereo~ shall constitute a lien against such property rankinq on a parity with liens for unpaid local taxes and may be enforced by the city as taxes and levies are collected or. at the option of the city. recovered in an action at law. - 36 - ~ NEW BUSINESS ITEM # 37475 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 A motion was made by Councilman Lanteigne, seconded by Councilman Branch to ADOPT' Resolution directing the Public Library Board review and reevaluate the Library's current policy re permitting the unrestrIcted accessibIlity of adult-oriented materials to minors. Voting: 3 -6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr. and Paul J. Lanteigne, Council Members Voting Nay: John A. Baurn, Robert K Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: Robert W. Clyburn and Vzce Mayor WIlliam D. Sessoms, Jr December 7, 1993 - 37- ~ NEW BUSINESS ITEM # 37476 ADD-ON Council Lady Parker referenced the Newsletter from the Virginia Municipal League concerning the Benefit Packages for SÚlte Constitutional Officers. Council Lady Parker referenced concerns relative impacts on the City ~ Budget. The City Manager advised the City Staff is presently reviewing same to quantzfy the financlal impacts. Information will be provided. December 7, 1993 - 38- ~ NEW BUSINESS ITEM # 37477 ADD-ON Council Lady Parker referenced the issue of Light Rail and the activity between Vzrignia Beach and Norfolk. Council Lady Parker requested discw;sion by James C. Echols, Executive Director - Tidewater Transportation District Commission. Councilman Moss also requested a Briefing be scheduled and the explanation for the expense. December 7, 1993 - 39- ~ NEW BUSINESS ITEM # 37478 ADD-ON Council Lady referenced the proposed Ordinance to Amend and Reordain Section 230-47 of the Code of the City of Virginia Beach re offensive noise, which he had distrIbuted to City Council. Council Lady Parker requested City Council review thIs proposed ordinance and express their concerns. Council Lady Parker suggested a committee might be established of citIzens and business representatives to review the Ordinance. Councilman Branch suggested the Resort Area Advisory Commission be utilized. December 7, 1993 -40- ~ NEW BUSINESS ITEM # 37479 ADD-ON Councilman Branch referenced the Memorandum relative the Beach Events program. An RFP will be going out in January. The five-year contract ends June 30, 1994. Councilman Branch advised this is m the middle of the Season for an events program. This program was established on a fiscal year basis for accounting; however, an event season does not follow a fiscal year. This should be corrected to a calendar year. Councilman Branch requested a Resolution be SCHED ULED for the City Council Session of December 14, 1993, relative this concern. December 7, 1993 - 41 - ~ NEW BUSINESS ITEM # 37480 ADD-ON Councilman Branch referenced an article from Louis Cullipher, Director of Agriculture. Councilman Branch suggested letters be forwarded the City ~ General Assembly Representatives. In this City 600,000 acres of corn were farmed in 1980. In 1992, only 320,000 acres were farmed. To retain agriculture as a viDble industry, our State must be more proactive in programs, policies and attitudes. To preserve agriculture in this area, the City must have the "tools" at the State level. December 7, 1993 - 42 - ~ NEW BUSINESS ITEM # 37481 ADD-ON Councilman Lanteigne referenced the article in the VIRGINIA BEACH SUN of December 3, 1993, re the vote of City Council concerning the Resolution opposing Hampton Roads Planning District Commission's proposal re increasing the State:S gasoline tax. The article is inaccurate. The City Clerk has contacted the SUN and a correction will be made. December 7, 1993 - 43- ~ NEW BUSINESS ITEM # 37482 ADD-ON Councilman Lanteigne distributed a DRAFT Ordinance relative Sandbridge. Ordinance authorizing the City Manager convey to the Commonwealth of Virginia all right, title and interest of the City of Virginia Beach to property in the Sandbridge area subject to agreement by the Commonwealth to become the exclusive local sponsor re cost-shared federal beach nourishment or hurricane protection project for the Sandbridge area. Councilman Lanteigne requested City Council express their concerns December 7, 1993 - 44- ~ NEW BUSINESS ITEM # 37483 ADD-ON Councilman Moss distributed correspondence to the City Manager relative excessive late charges from Cox Cable. December 7, 1993 - 45- ~ NEW BUSINESS ITEM # 37484 ADD-ON Councilman Moss referenced his meeting with Fagan Stackhouse, Director of Human Resources, re the Review of the City's CompenStltion Program. Councilman Moss requested before City CouncIl receive an Initial DRAFT, City Council be given a Tutorial Briefing relative the field of CompenStltion. Councilman Moss also requested a Workshop on this issue. December 7, 1993 - 46- ~ NEW BUSINESS ITEM # 37485 ADD-ON Mayor Oberndorf referenced correspondence form Johnnie S. Miller, President of the Board of Directors of the VU'ginia Beautification Commission. Mrs. Miller advised the Commission has endorsed the existing fence ordinance and request it be retamed in its present form and opposes any change whIch could weaken said ordmance December 7, 1993 - 47- Imn...I1t=.LJ.J NEW BUSINESS ITEM # 37486 ADD-ON Councilman Dean referenced a suggestion from a citizen the City have a background check on Members of the Boards and Commissions. December 7, 1993 - 48- Item IV-M ADJOURNMENT ITEM # 37487 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED at 5:00 P.M a~--&_X7ML--- Beverly O. Hooks, CMC Chief Deputy City Clerk ~¿£~~~,_-::_-- Ruth Hodges Smith, CMC/AAE City Clerk -------------------------- Meyera E. Oberndorf Mayor City of Vzrginia Beach Vzrginia December 7, 1993 - - - -- ..YkRinia Bcach Sun, Fridny, Novcrnbcr 26, 1993 5 Public Notice I On Tuesd3Y, December 7, 1993, at 2:00 p.m. in Council Chambers on the second floor of the City Hall Building, Municipal Center, Virginia ße3ch, Virginia, the City Council of the City of Virginin Bcach, Virginia will hold a public h~1ring on a Resolution entiLled, "^ Resol ulion Supporting Lcgisl- ation \Vhich Will Designate Real and Pcrsonal Property Owned By Dian1ond Springs/Gardcnwood Parks Ci vie Lcnguc, Inc. as Being Exenlpt From State nnd Local Real and Personal Property Taxation. tt The 1993-1994 assessed valuc of the real properly owned by the Dian1ond Springs/Gardenwood Parks Civic League, Inc. is 562.500 and real eSUlle taxes for . 1992-1993 were 5712.50. Diamond Springs/Gardenwood Parks Civic League, Inc. owns no wable per- son:}l property. A copy of the full text of the or- dinance is on file in the Office of the City Clerk. If you arc physi- ~ally. disabled, hearing or visually ImpaIred and need assistance at this rnecting, please call 427-4305 Voicc(TDD. Rum Hodges Smith, CMC/AAE City Clerk CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE: December 7, 1993 B R L T R P E PAGE: 1 R A Y J E N A S B A Z B 0 0 I M D R S A N I U E N G 0 0 K 0 AGENDA U C E R A E N S R E M ITEM II SUBJECT MOTION VOTE M H R N N S E S F R S I BRIEFING: A PUBLIC RELATIONS PlAN Pamela M lingle DIrector PIO " WORKSHOP. A PENDING ITEMS UST III/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y Y E SESSION F/1 MINUTES. November 23, 1992 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y G PUBLIC HEARING' 1 REALJPERSONAL PROPERTY TAX EXEMPTION a Diamond Sprlngs/Gardenwood Parks CIVIC League Inc Hl1 Resolution supporting legislation at 1994 ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y General Assembly to designate reaVpersonal property owned by DIamond Sprlngs/Gardenwood Parks Civic League, Inc , as exempt from StatelLocal ReaVPersonai Property Taxation 2 WATER/SEWER REVENUE/REFUNDING ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y A BONDS, SERI ES OF 1993 B S a Resolution providing for sale, Series T 1993, not to exceed $48,075,000, A heretofore authorized/authorizing I executIOn of Bond PurchaselEscrow N Deposit Agreements E D b Second Supplemental Resolution, amending Resolution adopted February 11, 1992, entitled NMaster Water/Sewer Revenue Bond Resolution N/(amount to be determined at time of sale) 3 Ordinance, FY 1993-1994/FY 1998-1999 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Capital Improvement Program! UPON SECOND APPROPRIATE $110,853,544 for FY READING 1993-1994 Capital Budget, subject to funds being provided, WIth determination that Sandbrldge 0-3 N N N sewers be deleted. 1/1 Ordinance to adopt Comprehensive ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y HouslnglNelghborhood Strategy as CIty'S official policy/authorIZing a ComprehensIVe HouSIng Affordabllrty Strategy to HUD. 2 Ordinance to ACCEPT/APPROPRIATE ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y $19,000 from two (2) DMV Grants re enhancing Habitual Traffic Offender Program"raffic enforcement 3 Ordinance to APPROPRIATE $16,200 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y from Francis Land House Trust Fund re operating expenses/purchase of access eqUIpment/period furniture CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE: December 7, 1993 B R L T R P E PAGE: 2 R A Y J E N A S B A Z B D 0 I M D R S A N I U E N G 0 0 K 0 AGENDA U C E R A E N S R E M ITEM" SUBJECT MOTION VOTE M H R N N S E S F R S 4 CERTIACATES OF PUBUC APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y CONVENIENCE AND NECESSITY' NlTE UFE MARINA. INC DIAMOND CAB COMPANY 5 Tax refunds' $ 3,64771 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 6 lJcense refunds. $21,027.11 APPROVED 11-0 Y Y Y Y Y Y '( Y Y Y Y J APPOINTMENTS' BOARD OF BUILDING CODE REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y APPEALS (New Construction DiY) 2 year term Robert L Yoder 01/01/94- 12/31/95 CHESAPEAKE BAY PRESERVATION REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y AREA BOARD Robert H DeFord, Jr 3 year terms James L Kitchin, Jr 01/01/94 - Edward L Vaughan 12/31/96 COMMUNITY SERVICES BOARD PrISCIlla Beede APPOI NTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Donald V JelllQ REAPPOINTED Robert F. Hogans Mary W Johnson 3 year terms John Y RIchardson 01/01/94- 12/31/96 RESORT AREA ACVI SORY COMMISSION Gerald A Porterfield APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y DaVId R. Hager REAPPOINTED Roger F NeWIll Edmund C. Ruffin 3 year terms Robert M Tata, Jr 01/01/94- 12/31/96 SCHOOL BOARD APPOINTED 11-0 James R Darden 6 months thru Y Y Y Y Y Y Y Y Y Y Y Lynnhayen Borough 0613 0/94 7-* Joseph D. Taylor II 2-1/2 years Y Y Y Y Y Y Y At Large thru 06/30/96 8-* Ferdinand V Tolentino 2-1/2 years Y Y Y Y Y Y Y Y At Large thru 06/30/96 11-0 Susan L Creamer REAPPOINTED Y Y Y Y Y Y Y Y Y Y Y Blackwater Borough 2-1/2 years thru 06/30/96 TIDEWATER DETENTION HOME REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y (Less Secure Unit) Carrollyn C Cox 3 year term 01/01/94- 12/31/96 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE: December 7, 1993 B R L T R P E PAGE' 3 R A Y J E N A S B A Z B D 0 I M D R S A N I U E N G 0 0 K 0 AGENDA U C E R A E N S R E M ITEM II SUBJECT MOTION VOTE M H R N N S E S F R S VIRGINIA BEACH CRIME TASK APPOI NTED 11-0 Y Y Y Y Y Y Y Y Y Y Y FORCE Gall Nilsen Unexpired term thru 02/28/96 K/1/a Ordinance establishing legislative ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Committee for recommendations to City AS AMENDED Council re CIty's Leglslattve package/APPROPRIATE $1,800 for purchase of CIty Aags to be dISplayed In Richmond Office of each of the Members of the CIty's local delegation to the General Assembly (Sponsored by Council Member James W. Brazier, Jr) LJ1/a ResolutIOn requesting General Assembly ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y A enact enabling legislation re repair or removal of defacements of buildingS/structures (Sponsored by Mayor Meyera E Oberndorf/ Council Member LInwood 0 Branch III) b Resolution directing Public LIbrary Board MOTION TO 3-6 N Y Y A N N Y N N N A review/reevaluate their current policy re ADOPT LOST unrestrICted accesSIbility of adult-oriented TO NEGATIVE materials to minors (Sponsored by VOTE Council Member Paul J lanteigne) M ADJOURNMENT 5'00 PM ************* COUNCIL SESSIONS CANCELLED December 28, 1993 ************* CITY COUNCIL WORKSHOP SOUTHERN RURAL PRESERV A TI ON AREA PaVIlion Conference Room January 8, 1994 9:00 AM *************