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MAY 15, 2007 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach — District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 15 MAY 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE. -(757) 385-4303 FAX(757)385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING Conference Room 4:30PM 1. GREEN RIBBON COMMITTEE Charles Meyer, Chief Operating Officer Peter Schmidt, Co -Chair II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION . A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. SPECIAL FORMAL SESSION 6.00PM A. CALL TO ORDER — Reading of letter from Mayor Meyera E. Oberndorf B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. TOWN CENTER SPECIAL SERVICE DISTRICT Modification of Boundaries I. CONSENT AGENDA J. ORDINANCES May 8, 2007 1. Ordinances re FY 2007-2008 BIENNIAL RESOURCE MANAGEMENT PLAN (Operating Budget): a. APPROPRIATE for the fiscal year, beginning July 1, 2007 and ending June 30, 2008, the sum of $1,722,304,922 for Operations and $621,483,501 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended b. ESTABLISH the tax levy on real estate for FY 2008 at $0.89 c. ESTABLISH the tax levy on personal property and machinery and tools for the calendar year 2008 d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S. Department of Housing and Urban Development (HUD) re renewal of funding of the Plan e. AMEND §§35-64 and 35-67 of the City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits f. DECLARE $8,750,000 within the Sandbridge Tax Increment Financing District (TIF) as Surplus in the FY -2006-07 Operating Budget g. AMEND the funding sources for the Agriculture Reserve Program (ARP) by reducing the amount of Real Estate Tax revenue committed to $0.009 h. REESTABLISH the Red Light Photo Enforcement Program and APPROPRIATE $305,000 in estimated revenue to the Police Department for this program i. AMEND Ordinance to create the Town Center Special Service District by modifying the boundaries AMEND §1-12.2 of the City Code re removal of the expiration date for collection of the Courthouse Security Fee 2. Ordinances re FY 2007-2008 BIENNIAL CAPITAL BUDGET: a. APPROPRIATE $204,514,641 for the FY -2008 Capital Budget, subject to funds being provided from various sources set forth therein re FY-2008/FY-2012 Capital Improvement Program (CIP) b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $63,800,000 for various public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $18,793,000 d. REALLOCATE $46,650,692 from various roadway projects and DIRECT the Public Works Department to work with the Virginia Department of Transportation (VDOT) to advance construction of Nimmo Parkway Phase -V-A (Ferrell -Phase II) and Princess Anne Road -Phase IV 3. Ordinance to re a retroactive Employment Agreement with the City Manager for three years beginning December 1, 2006, and ending November 30, 2009. K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT CITYWIDE TOWN MEETINGS June 19 Convention Center — 7:15 pm September 18 Location To Be Announced — 7:15 pm November 20 Green Run Homeowners Assoc. Bldg.— 7:15 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 5/15/07/st www.vbgov.com CITY COUNCIL BRIEFING Conference Room 4:30PM GREEN RIBBON COMMITTEE Charles Meyer, Chief Operating Officer Peter Schmidt, Co -Chair II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. SPECIAL FORMAL SESSION 6.00PM A. CALL TO ORDER — Reading of letter from Mayor Meyera E. Oberndorf B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 8, 2007 City of Virgiri is Beach f _ Z 9yo rr� �9�'fS OF \ OUR NAS1�a�f�G r OE R Bgov.corn MEYERA E. OBERNDORF MUNICIPAL CENTER BUILDING 1 MAYOR May 3, 2007 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VA 23456-9000 (757)385.4581 FAX (757) 385.5699 MOBERNDOQVBGOV.COM THE HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for SPECIAL INFORMAL, CLOSED and FORMAL SESSIONS of the VIRGINIA BEACH CITY COUNCIL on Tuesday, May 15, 2007, in the City Council Chamber, City Hall for the following purposes Briefing by the Employees Benefit Task Force Report of the Green Ribbon Committee Adoption of the FY 2007-2008 Operating Budget with accompanying documents Other appropriate Resolutions and Ordinances The time of the Briefing Session will be announced when the Agenda is published. The Formal Session will begin at 6: 00 P.M. Sincerely, Icy Meyers E. Oberndorf Mayor cc.• Mayor and Members of City Council James K. Spore, City Manager Leslie L. Lilley, City Attorney Ruth Hodges Fraser, MMC, City Clerk Charles W. Meyer, Chief Operating Officer Susan Walston, Chief of Staff David Hansen, Chief of Finance and Technology Diane Roche, Assistant to the City Manager for Communications and Media Relations G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. TOWN CENTER SPECIAL SERVICE DISTRICT Modification of Boundaries On Tuesday, May 15, 2007, the Council of the City of Virginia Beach will hold a Public Hearing to receive public comment on a proposal to modify the boundaries of the Town Center Special Service District thatwas created by City Council on May 14, 2002, and modified by City Council on June 8, 2004 and September 27, 2005, pursuantto Virginia Code § 15.2-2400. The Town Center Special Service District, as modified, will lowerthe additional tax rate from $.57 to $.50 per $100 of assessed valuation of all properties located within the modified special service district boundaries. The tax revenue will be used for purposes of providing enhanced and more complete levels of operations and maintenance for the public parking facilities and public infrastructure, as well as for other purposes authorized by Virginia Code 915.2-2403. In general, the Town Center Special Service District is bounded as follows: to the north by Virginia Beach Boulevard, to the intersection of Market Street, then moving south to the intersection of Bank Street, then moving westto the intersection of Independence Boulevard; to the west by Independence Boulevard; to the south by Southern Boulevard to the intersection of Market Street, then moving north to the intersection of Columbus Street, then moving eastto the intersection of Constitution Drive; and to the east by Constitution Drive. Within these boundaries, it is proposed that the following areas, which currently do not receive enhanced maintenance, shall be excluded from the Town Center Special Service District: the area bounded to the north by Commerce Street; to the west by Market Street; to the south by Columbus Street; and to the east by Central Park Avenue. A detailed map of.the proposed modifications to the Town Center Special Service District's boundaries is on file and available for public inspection in the City Clerk's Office. The Public Hearing will be conducted at 6:00 p.m., in Council Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia. Interested citizens may appear at such time and place to presenttheir views. Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's, Office at 385-4303. If you are hearing impaired, r-3. please call 385-4305 (TDO only).45> Ruth Hodges Fraser, MMC 4� City Clerk 't,;• °>. 20` - J SUNDAE CONSENT AGENDA ORDINANCES 1. Ordinances re FY 2007-2008 BIENNIAL RESOURCE MANAGEMENT PLAN (Operating Budget): a. APPROPRIATE for the fiscal year, beginning July 1, 2007 and ending June 30, 2008, the sum of $1,722,304,922 for Operations and $621,483,501 in Interfund Transfers regulating the payment of money out of the City Treasury, as amerced b. ESTABLISH the tax levy on real estate for FY 2008 at $0.89 c. ESTABLISH the tax levy on personal property and machinery and tools for the calendar year 2008 d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S. Department of Housing and Urban Development PUD) re renewal of funding of the Plan e. AMEND §§35-64 and 35-67 of the City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits f. DECLARE $8,750,000 within the Sandbridge Tax Increment Financing District (TIF) as Surplus in the FY -2006-07 Operating Budget g. AMEND the funding sources for the Agriculture Reserve Program (ARP) by reducing the amount of Real Estate Tax revenue committed to $0.009 h. REESTABLISH the Red Light Photo Enforcement Program and APPROPRIATE $305,000 in estimated revenue to the Police Departmentfor this program i. AMEND Ordinance to create the Town Center Special Service District by modifying the boundaries j. AMEND §1-12.2 of the City Code re removal of the expiration date for collection of the Courthouse Security Fee 2. Ordinances re FY 2007-2008 BIENNIAL CAPITAL BUDGET: a. APPROPRIATE $204,514,641 for the FY -2008 Capital Budget, subject to funds being provided from various sources set forth therein re FY-2008/FY-2012 Capital Improvement Program (CIP) b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $63,800,000 for various public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $18,793,000 d. -REALLOCATE $46,650,692 from various roadway projects and DIRECT the Public Works Department to work with the Virginia Department of Transportation (VDOT) to advance construction of Nimmo Parkway Phase -V-A (Ferrell -Phase II) and Princess Anne Road -Phase IV 3. Ordinance tore a retroactive Employment Agreement with the City Manager for three years beginning December 1, 2006, and ending November 30, 2009. 4 s s> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2007-08 Operating Budget and Related Ordinances MEETING DATE: May 15, 2007 ■ Background: On March 27, 2007, the City of Virginia Beach FY 2007-08 Proposed Biennial Resource Management Plan with Second Year Changes, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. City Council workshops were held on April 10th, 17th, 19th, 24th, and May 1St to provide information_ to the City Council. On April 19th and 24th public hearings were held to provide the public the opportunity to comment on the proposed Resource Management Plan. ■ Considerations: The proposed ordinances were updated to reflect City Council's direction at the May 8, 2007 Reconciliation Workshop. These changes include lowering the real estate tax rate from $0.99 to $0.89, increasing the threshold on the tax exemption portion of the Tax Relief for the Elderly and Disabled program from the proposed level of $55,700 to the state maximum of $62,000, and increasing the funding for Constitution Drive by $2 million. These changes were achieved through other budget adjustments. Also, the proposed increase of the boat tax and reductions in other personal property categories were eliminated. As a result of this elimination, the ordinance Amending the Tax Levy on Personal Property for Calendar Year 2007 Increasing the Tax on Privately -Owned Boats is no longer included. The following ordinances are provided for the Council's consideration and approval to implement the FY 2007-08 Operating Budget. Unless otherwise noted, approval requires an affirmative vote by a majority of the members of City Council. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2007 and Ending June 30, 2008 in the Sum of $1,722,304,922 for Operations and $ 621,483,501 in Interfund Transfers and Regulating the Payment of Money Out of the City Treasury, as Amended 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2008 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2008 4. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development 5. An Ordinance to Amend the City Code Pertaining to the Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing Income and Net Worth Limits 6. An Ordinance to Declare $8,750,000 of Funding Within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2006-07 Operating Budget 7. An Ordinance to Amend the Funding Sources for the Agriculture Reserve Program by Lowering the Amount of Real Estate Tax Revenue 8. An Ordinance to Re-establish the Red Light Photo Enforcement Program, and to Appropriate $305,000 in Estimated Revenue to the Police Department's FY 2007-08 Operating Budget to Administer the Red Light Photo Enforcement Program 9. An Ordinance Amending the Ordinance Creating the Town Center Special Service District by Modifying the District's Boundaries 10. An Ordinance to Amend City Code Section 1-12.2 Pertaining to the Courthouse Security Fee Imposed upon Persons Convicted of Criminal or Traffic Offenses ■ Public Information: Two Public Hearings have been held concerning the Operating Budget/CIP and the Proposed Real Estate Tax Rate. Information on these ordinances will be disseminated to the public through the normal Council agenda process involving the advertisement of the City Council agenda, pursuant to local and State code requirements. ■ Alternatives: No alternatives are available to implement the FY 2007-08 Operating Budget ■ Recommendations: It is recommended that the attached ordinances implementing the FY 2007-08 Operating Budget be approved. ■ Attachments: FY 2007-08 Operating Budget ordinances Recommended Action: Approval of Ordinances Submitting Department/Agency: Department of Management Servicos S City Manager: S k`l 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE 2 FISCAL YEAR BEGINNING JULY 1, 2007 AND ENDING JUNE 3 30, 2008 IN THE SUM OF $1,722,304,922 FOR OPERATIONS 4 AND $621,483,501 IN INTERFUND TRANSFERS AND 5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY 6 TREASURY, AS AMENDED 7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 8 beginning July 1, 2007, and ending June 30, 2008, and it is necessary to appropriate sufficient funds to cover 9 said budget; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 Sec. 1. That the amounts named aggregating $2,343,788,423 consisting of $621,483,501 in interfund 15 transfers and $1,722,304,922 for operations, are hereby appropriated subject to the conditions hereinafter set 16 forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter 17 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal 18 year beginning July 1, 2007, and ending June 30, 2008, a summary of which is attached to this ordinance as 19 "Attachment A — Appropriations" 20 21 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of 22 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of 23 Appropriations attached to this ordinance as "Attachment B — Revenues." 24 25 Sec. 3. With the exception of the School Operating Fund, the total number of full-time permanent 26 positions shall be the maximum number of positions authorized for the various departments of the City during the 27 fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City 28 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the 29 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. 30 The City Manager is further authorized to make such rearrangements of positions within and between the 31 departments as may best meet the needs and interests of the City. 32 33 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City 34 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 35 throughout the fiscal year as may be necessary to implement organizational adjustments that have been 36 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments 37 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to 38 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a 39 report each year to the City Council identifying the status and progress of any such organizational adjustments. 40 41 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund and, 42 where appropriate, to any special service district special revenue fund or any tax increment financing funds 43 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to 44 which a special levy is made in the amount of collection for each specially designated fund. 45 46 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close 47 of business for the fiscal year ending on June 30, 2008, unless otherwise provided for, are hereby declared to be 48 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the 49 General Fund Balance, and may be used for the payment of the appropriations that may be made in the 50 appropriation ordinance for the fiscal year beginning July 1, 2008. However, there shall be retained in the 51 General Fund an undesignated fund balance of 8% to 12% of the following year's budgeted revenues, for 52 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for 53 the fiscal year beginning July 1, 2007, except upon subsequent authorization by City Council. 54 55 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise fund shall 56 serve as a basis for developing financial strategies for the water and sanitary sewer system based on the 57 following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 58 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for 59 debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined 60 basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and 61 Sewer Fund, contributions from non -borrowed funds, on a five-year rolling average basis, will be sought for 62 approximately 25% of the annual capital program for the water and sewer system. 63 64 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are 65 encumbered at the close of the business for the fiscal year ending on June 30, 2008, are hereby declared to be 66 reappropriated into the fiscal year beginning July 1, 2008, and estimated revenues adjusted accordingly. 67 68 Sec. 9. No department or agency for which appropriations are made under the provisions of this 69 ordinance shall exceed the amount of such appropriations except with the consent and approval of the City 70 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the 71 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does 72 not apply to Interfund Transfers. 73 74 Sec. 10. The City Manager or the Director of Management Services is hereby authorized to approve 75 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 76 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 77 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 78 Reserves for Contingencies except Reserve for Contingencies — Regular, within the intent of the Reserve as 79 approved by City Council. 80 81 Sec. 11. The City Manager or the Director of Management Services is hereby authorized to establish 82 and administer budgeting within Appropriation Units consistent with best management practices, reporting 83 requirements, and the programs and services adopted by the City Council. 84 85 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to change 86 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 87 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is 88 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 89 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 90 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 91 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 92 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 93 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to 94 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which 95 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 96 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the 97 bonded debt of the City Government. 98 99 Sec. 13. Allowances made from the appropriations made in this ordinance by any or all of the City 100 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by 101 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed 102 thirty-nine cents ($0.39) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for 103 additional miles of such use within the fiscal year; for fiscal year 2007-08, allowances shall not exceed forty-two 104 cents ($0.42) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional 105 miles of such use within the 2007-08 fiscal year. 106 107 Sec. 14. In the event of an emergency and under emergency circumstances wherein the City Council 108 cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums 109 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. 110 Immediately following the expenditure of funds under this provision, and as soon as the City Council can 111 reasonably meet under the existing circumstances, the City Manager shall notify the City Council of the reason 112 for such action, how funds were expended, and present to the City Council for adoption an emergency 113 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to 114 the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency 115 expenditures occurred. 116 117 An emergency is defined for the purposes of this provision as an event that could not have been 118 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 119 health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to 120 protect or preserve public properties. 121 122 Sec. 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance 123 and according to regulations approved by the City Council. Each account shall show the dates expenses were 124 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. 125 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts 126 are submitted for "lump-sum" amounts. 127 128 Sec. 16. That projections have been prepared and considered for fiscal year 2007-08, the second year 129 of the biennial budget, and such projections shall form the basis for the fiscal year 2007-08 operating budget. 130 The City Manager will modify these as appropriate and will present a proposed fiscal year 2007-08 budget to City 131 Council for review and subsequent adoption.- 132 133 134 135 136 137 138 139 Sec. 4817.Violation of this ordinance may result in disciplinary action by the City Manager against the 140 person or persons responsible for the management of the Appropriation Unit in which the violation occurred. 141 142 Sec. U 18.This ordinance shall be effective on July 1, 2007. 143 144 Sec. 28 19.If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such 145 decision shall not affect the validity of the remaining parts of this ordinance. 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 15th day of May, 2007. 148 149 Requires an affirmative vote by a majority of the members of City Council. 150 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 3 anageme Se ces City Attorney's Office City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment A - Appropriations 002 General Fund Agriculture Audit Services Benefits Administration Board of Equalization Circuit Court City Attorney City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Bureau Convention and Visitor Bureau (Major Projects) Cultural Activities Director of Finance Economic Development Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources Human Services Human Services Integration - Information Technology Independent Financial Services Juvenile Probation Juvenile and Domestic Relations District Court Library Magistrates Management Services Mass Transit Operations Municipal Council Museums Parks and Recreation Planning and Community Development Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Transfer to Other Funds Vehicle Replacements Wetlands Board of Virginia Beach Zoning Board of Appeals FY 2007-08 Adopted 956,756 505,347 312,458 19,318 969,166 3,632,946 590,797 3,580,751 2,661,031 4,904,996 2,617,655 3,701,243 6,233,924 20,264,163 698,710 4,254,815 5,560,918 1,743,169 4,810,612 2,085,944 6,430,086 3,753,458 37,819,791 329,171 1,443,392 3,380,499 1,719,476 4,684,956 90,423,929 628,815 147,903 2,295,390 155,480 16,159,377 140,181 3,995,452 2,333,635 575,376 817,782 13,722,830 9,775,142 78,580,165 78,739,271 1,991,132 33,222,840 14,077,398 545,542,101 4,528,945 14,204 43,304 Fund 002 Appropriation Totals 1,027,576,200 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment A - Appropriations FY 2007-08 Adopted 108 School Instructional Technology Fund 6,636,000 Instructional Technology Fund 108 Appropriation Totals 6,636,000 109 School Vending Operations Fund Education -Athletic 915,000 Fund 109 Appropriation Totals 915,000 112 School Communication Tower Technology Fund 560,000 Instructional Technology Fund 112 Appropriation Totals 560,000 114 School Cafeteria Fund Education -Cafeteria 26,349,312 Fund 114 Appropriation Totals 26,349,312 115 School Operating Fund Administration, Attendance, and Health 24,368,610 559,642,494 Instruction (11,367,776) Less: City Reduction 98,565,877 Operations and Maintenance 33,767,508 Pupil Transportation Fund 115 Appropriation Totals 704,976,713 116 School Grants Fund Education -Grants 54,956,635 Fund 116 Appropriation Totals 54,956,635 117 School Textbook Fund Education -Textbook 7,239,776 Fund 117 Appropriation Totals 7,239,776 119 School Athletic Special Revenue Fund Education -Athletic 4,749,056 Fund 119 Appropriation Totals 4,749,056 130 Law Library Fund Library (Law Library) 355,195 Reserve for Contingencies 14,030 60,000 Transfers to Other Funds Fund 130 Appropriation Totals 429,225 134 E-911 Communications Special Revenue Fund Communications and Information Technology 9,707,516 Reserve for Contingencies 3,823,424 Transfer to Other Funds 1'247'522 Fund 134 Appropriation Totals 14,778,462 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney 160,000 Fund 142 Appropriation Totals 160,000 143 Access Channel Support Special Revenue Fund Communications and Information Technology 270,721 Fund 143 Appropriation Totals 270,721 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment A - Appropriations FY 2007-08 Adopted 146 Police Extraditions Special Revenue Fund Police (Airplane Enterprise) 580,272 Police (Extraditions) 234,512 Fund 146 Appropriation Totals 814,784 147 Federal Sectional 8 Program Special Revenue Fund 2,932,369 Housing and Neighborhood Preservation (Section 8 Housing) 150,000 Housing and Neighborhood Preservation (Section 8) 13,974,025 Reserve for Contingencies 45,174 Public Works (TGIF) Fund 147 Appropriation Totals 14,169,199 148 Comprehensive Services Act Special Revenue Fund 226,841 Human Services 10,966,233 Reserve for Contingencies Fund 152 Appropriation Totals 2,195 156 Police Services Special Revenue Fund Fund 148 Appropriation Totals 10,968,428 149 Sheriffs Department Special Revenue Fund 20,400 Reserve for Contingencies Fund 156 Appropriation Totals 328,931 Sheriff and Corrections 31,027,948 Transfer to Other Funds Fund 149 Appropriation Totals 31,356,879 150 Inmate Services Special Revenue Fund Fund 157 Appropriation Totals 2,904,786- Reserve for Contingencies 5,825 Sheriff and Corrections (Inmate Services) 570,940 Transfer to Other Funds Fund 158 Appropriation Totals 274,551 Fund 150 Appropriation Totals 851,316 _151 Parks and Recreation Special Revenue Fund Parks and Recreation 23,768,532 Public Works 2,654,674 Reserve for Contingencies 1,068,556 Transfer to Other Funds 69,540 Fund 151 Appropriation Totals 27,561,302- 152 Tourism Growth_ Investment Fund Convention and Visitor Bureau (TGIF) 2,932,369 Museums (TGIF) 50,500 Parks and Recreation (TGIF) 31,313 Planning and Community Development (TGIF) 384,501 Public Works (TGIF) 727,967 Reserve for Contingencies 226,841 Transfer to Other Funds 13,717,463 Fund 152 Appropriation Totals 18,070,954- 156 Police Services Special Revenue Fund Police 20,400 Fund 156 Appropriation Totals 20,400- 157 Sandbridge Special Service District Special Revenue Fund Transfer to Other Funds 2,904,786 Fund 157 Appropriation Totals 2,904,786- 158 EMS State Four -for -Life Special Revenue Fund Emergency Medical Services 305,000 Fund 158 Appropriation Totals 305,000 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment A - Appropriations FY 2007-08 Adopted 159 Fire Programs Special Revenue Fund 596,420 Fire (Fire Programs) 3,739 Reserve for Contingencies Fund 159 Appropriation Totals 600,159 161 Agriculture Reserve Program Special Revenue Fund 209,508 Agriculture (Agricultural Reserve Program) 6,003 Reserve for Contingencies 1,261,468 Reserve for Future Commitments 5,812,897 Transfer to Other Funds Fund 161 Appropriation Totals 7,289,876 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau (Tourism Advertising) 9,638,456 53,295 Reserve for Contingencies 55,724 Transfer to Other Funds Fund 163 Appropriation Totals 9,747,475 165 Lynnhaven Mall Tax Increment Financing Fund 241,056 Reserve for Contingencies 1,856,718 Tax Increment Financing Fund 165 Appropriation Totals 2,097,774 166 Sandbridge Tax Increment Financing Fund 10,312,775 Reserve for Future Commitments Fund 166 Appropriation Totals 10,312,775 167 Arts and Humanities Commission Special Revenue Fund_ 443,818 Arts and Humanities Commission Fund 167 Appropriation Totals 443,818 169 Central Business District - South TIF (Town Center) Fund 963,607 Reserve for Future Commitments 3,033,870 Transfer to Other Funds Fund 169 Appropriation Totals 3,997,477 170 Virginia Aquarium Special Revenue Fund Museums (Virginia Marine Science Museum) 7,,130 133 Reserve for Contingencies 133,704 Fund 170 Appropriation Totals 7,198,834 172 Open Space Special Revenue Fund Parks and Recreation (Open Space) 180,676 15,300 Public Works (Open Space) 14,328 Reserve for Contingencies 473,457 Reserve for Future Commitments 4,674,405 Transfer to Other Funds Fund 172 Appropriation Totals 5,358,166 173 Major Projects Special Revenue Fund 340,901 Public Works (Major Projects) 24,019 Reserve for Contingencies 21,066,868 Transfer to Other Funds Fund 173 Appropriation Totals 21,431,788 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment A - Appropriations 185 Mental Health Grants Fund Human Services 212,276 Human Services (Substance Abuse Grants) 509,735 Mental Health Grants 1,127 Substance Abuse Grants 6,314 Transfer to Other Funds 4,799 Fund 185 Appropriation Totals 734,251 187 Marine Science Museum Grants Fund Museum Grants 31,000 Fund 187 Appropriation Totals 31,000 FY 2007-08 Adopted 174 Town Center Special Tax District Reserve for Contingencies 283,564 Town Center Special Tax District 1,198,228 Transfer to Other Funds 40,427 Fund 174 Appropriation Totals 1,522,219 175 Golf Course Special Revenue Fund Parks and Recreation (Golf Courses) 2,503,393 Reserve for Contingencies 137,350 Transfer to Other Funds 200,000 Fund 175 Appropriation Totals 2,840,743 176 Transition Area Special Revenue Fund Reserve for Future Commitments 370,606 Fund 176 Appropriation Totals 370,606 180 Community Development Special Revenue Fund Community Development Block Grants 1,470,850 Housing and Neighborhood Preservation 1,114,608 Reserve for Contingencies 52,624 Transfer to Other Funds 125,592 Fund 180 Appropriation Totals 2,763,674 181 CD Loan and Grant Fund Community Development Block Loan and Grants 979,456 Fund 181 Appropriation Totals 979,456 182 Federal Housing Assistance Grant Fund Federal HOME Grants 1,443,865 Fund 182 Appropriation Totals 1,443,865 183 Grants Consolidated Fund Commonwealth's Attorney - Grants 299,409 Fire Grants 1,011,052 Housing and Neighborhood Grants 1,047,387 Human Services 1,194,005 Police (Uniform Patrol Grant) 57,598 Public Works Grants 15,000 Reserve for Contingencies 182,124 Social Services Grants 714,672 Fund 183 Appropriation Totals 4,521,247 185 Mental Health Grants Fund Human Services 212,276 Human Services (Substance Abuse Grants) 509,735 Mental Health Grants 1,127 Substance Abuse Grants 6,314 Transfer to Other Funds 4,799 Fund 185 Appropriation Totals 734,251 187 Marine Science Museum Grants Fund Museum Grants 31,000 Fund 187 Appropriation Totals 31,000 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment A - Appropriations FY 2007-08 Adopted 241 Water and Sewer Fund 14,486,826 Debt Service 67,314,489 Public Utilities 3,207,751 Reserve for Contingencies 12,079,485 Transfer to Other Funds Fund 241 Appropriation Totals 97,088,551 253 Parking Enterprise Fund 1,973,850 Convention and visitor Bureau (Parking) Reserve for Contingencies 362,249 849,131 Transfer to Other Funds Fund 253 Appropriation Totals 3,185,230 255 Storm Water Utility Enterprise Fund 1,284,195 Debt Service Public Works (Storm Water Operations) 9,998,013 562,812 Reserve for Contingencies 9,724,340 Transfer to Other Funds Fund 255 Appropriation Totals 21,569,360 302 General Debt Fund 118,659,525 Debt Service Fund 302 Appropriation Totals 118,659,525 460 School General Revenue Capital Projects Fund 13,108,658 School Capital Projects Fund 460 Appropriation Totals 13,108,658 540 General Government Capital Projects Fund 3,150,787 Buildings Capital Projects 4,438,799 Coastal Capital Projects 925,000 Communications and Information Technology Projects Economic and Tourism Development Capital Projects 9,749,821 Parks and Recreation Capital Projects 9,916,220 7,584,313 Roadways Capital Projects Fund 540 Appropriation Totals 35,764,940 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 6,250,000 Fund 541 Appropriation Totals 6,250,000 555 Storm Water Capital Projects Fund 7'727'588 Storm Water Capital Projects Fund 555 Appropriation Totals 7,727,588 908 City Beautification Fund 10,200 Parks and Recreation Fund 908 Appropriation Totals 10,200 909 Library Gift Fund 5,600 Library Gift Fund 909 Appropriation Totals 5,600 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment A - Appropriations FY 2007-08 Adopted 911 Parks and Recreation Gift Fund Parks and Recreation (Gift Fund) 77,720 Fund 911 Appropriation Totals 77,720 950 Circuit Court Clerk Technology Fund Circuit Court Total Appropriations for all Funds Less Interfund Transfers Net Appropriations Totals 35,700 Fund 950 Appropriation Totals 35,700 2,343,788,423 621,483,501 1,722,304,922 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment B - Revenues 002 General Fund FY 2007-08 Adopted Revenue from Local Sources 613,337,886 General Property Taxes 237,941,269 Other Local Taxes 5,113,543 Permits, Privilege Fees, and Regulatory Licenses 5,468,683 Fines and Forfeitures 10,009,136 From the Use of Money and Property 10,080,634 Charges for Services 1,815,274 Miscellaneous Revenue Fund 114 Revenue Totals 26,349,312 Revenue from the Commonwealth 106,942,662 Other Sources from the Commonwealth 25,044,258 Revenue from the Federal Government 11,822,855 Transfers from Other Funds Fund 002 Revenue Totals 1,027,576,200 108 School Instructional Technology Fund 6,636,000 Specific Fund Reserves Fund 108 Revenue Totals 6,636,000 109 School Vending Operations Fund Revenue from Local Sources 15,000 From the Use of Money and Property 400,000 Miscellaneous Revenue 500,000 Specific Fund Reserves Fund 109 Revenue Totals 915,000 112 School Communication Tower Technology Fund Revenue from Local Sources 260,000 From the Use of Money and Property 300,000 Specific Fund Reserves Fund 112 Revenue Totals 560,000 114 School Cafeteria Fund Revenue from Local Sources 13,678,637 Charges for Services 1,761,594 Revenue from the Commonwealth 331,167 Other Sources from the Commonwealth Revenue from the Federal Government 1 ,663,491 State Shared Sales Tax 1,676,017 Specific Fund Reserves Fund 114 Revenue Totals 26,349,312 115 School Operating Fund Revenue from Local Sources 465,000 From the Use of Money and Property 1,761,594 Charges for Services 472,000 Miscellaneous Revenue Revenue from the Commonwealth 7 State Shared Sales Tax 5,188,327 2 Other Sources from the Commonwealth Revenue from the Federal Government 4,447,976 1 Transfers from Other Funds 335,870,685 335,870,685 Fund 115 Revenue Totals 704,976,713 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment B - Revenues FY 2007-08 Adopted 116 School Grants Fund Revenue from Local Sources Miscellaneous Revenue 2,620,752 Revenue from the Commonwealth Other Sources from the Commonwealth 12,222,748 Revenue from the Federal Government 40,113,135 Fund 116 Revenue Totals 54,956,635 117 School Textbook Fund Revenue from Local Sources Revenue from Local Sources From the Use of Money and Property 100,000 Charges for Services 6,000 Miscellaneous Revenue 2,590,546 Revenue from the Commonwealth 725,000 Other Sources from the Commonwealth 4,543,230 Fund 117 Revenue Totals 7,239,776 119 School Athletic Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 45,000 Charges for Services 484,348 Miscellaneous Revenue 4,195,708 Specific Fund Reserves 24,000 Fund 119 Revenue Totals 4,749,056 130 Law Library Fund Revenue from Local Sources From the Use of Money and Property 6,587 Charges for Services 285,123 Transfers from Other Funds 137,515 Fund 130 Revenue Totals 429,225 134 E-911 Communications Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 44,775 Charges for Services 725,000 Revenue from the Commonwealth Other Sources from the Commonwealth 9,064,853 Transfers from Other Funds 4,943,834 Fund 134 Revenue Totals 14,778,462 142 DEA Seized Property Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 160,000 Fund 142 Revenue Totals 160,000 143 Access Channel Support Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue 244,975 Specific Fund Reserves 25,746 Fund 143 Revenue Totals 270,721 146 Police Extraditions Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 814,784 Fund 146 Revenue Totals 814,784 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment B - Revenues FY 2007-08 Adopted 147 Federal Sectional 8 Program Special Revenue Fund Revenue from Local Sources 15,000 Miscellaneous Revenue 13,020,210 Revenue from the Federal Government 314,494 Transfer from Other Funds 819,495 Specific Fund Reserves Fund 147 Revenue Totals 14,169,199 148 Comprehensive Services Act Special Revenue Fund Revenue from Local Sources Charges for Services 2,500 830,500 Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth 6,262,069 Transfer from Other Funds 3,873,359 Fund 148 Revenue Totals 10,968,428 _149 Sheriffs Department Special Revenue Fund Revenue from Local Sources Charges for Services 1,845,265 Miscellaneous Revenue 37,960 Revenue from the Commonwealth 39,600 Other Sources from the Commonwealth 17,671,324 Revenue from the Federal Government 321,200 Transfer from Other Funds 11,481,130 Fund 149 Revenue Totals 31,356,879 150 Inmate Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 15,000 Charges for Services 830,491 Transfer from Other Funds 5,825 Fund 150 Revenue Totals 851,316 151 Parks and Recreation Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 1,149,204 Charges for Services 10,399,517 Miscellaneous Revenue 39,600 Revenue from the Federal Government 1,000 Transfer from Other Funds 15,750,597 Specific Fund Reserves 221,384 Fund 151 Revenue Totals 27,561,302 152 Tourism Growth Investment Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses 72,091 Fines and Forfeitures 555,172 From the Use of Money and Property 535,173 Transfer from Other Funds 16,908,518 Fund 152 Revenue Totals 18,070,954 156 Police Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 20,400 Fund 156 Revenue Totals 20,400 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment B - Revenues FY 2007-08 Adopted 157 Sandbridge Special Service District Special Revenue Fund Revenue from Local Sources General Property Taxes 802,294 Other Local Taxes 431,895 From the Use of Money and Property 24,404 Transfer from Other Funds 1,060,974 Specific Fund Reserves 585,219 Fund 157 Revenue Totals 2,904,786 158 EMS State Four -for -Life Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 305,000 Fund 158 Revenue Totals 305,000 159 Fire Programs Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 600,159 Fund 159 Revenue Totals 600,159 161 Agriculture Reserve Program Special Revenue Fund Transfer from Other Funds 4,789,876 Specific Fund Reserves 2,500,000 Fund 161 Revenue Totals 7,289,876 163 Tourism Advertising Program Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 33,442 Charges for Services 450,950 Miscellaneous Revenue 40,000 Transfer from Other Funds 9,223,083 Fund 163 Revenue Totals 9,747,475 165 Lynnhaven Mall Tax Increment Financinq Fund Revenue from Local Sources General Property Taxes 2,097,774 Fund 165 Revenue Totals 2,097,774 166 Sandbridge Tax Increment Financing Fund Revenue from Local Sources General Property Taxes 10,066,322 From the Use of Money and Property 246,453 Fund 166 Revenue Totals 10,312,775 167 Arts and Humanities Commission Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 5,000 Transfers from Other Funds 438,818 Fund 167 Revenue Totals 443,818 169 Central Business District - South TIF (Town Center) Fund Revenue from Local Sources General Property Taxes 3,926,373 From the Use of Money and Property 71,104 Fund 169 Revenue Totals 3,997,477 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment B - Revenues FY 2007-08 Adopted 170 Virginia Aquarium Special Revenue Fund Revenue from Local Sources 26,500 From the Use of Money and Property 5,978,715 Charges for Services 789,886 Miscellaneous Revenue 403,733 Transfers from Other Funds Fund 170 Revenue Totals 7,198,834 172 Open Space Special Revenue Fund Revenue from Local Sources 428,414 From the Use of Money and Property 3,929,752 Transfers from Other Funds 1,000,000 Specific Fund Reserves Fund 172 Revenue Totals 5,358,166 173 Major Projects Special Revenue Fund Revenue from Local Sources 843,303 From the Use of Money and Property 16,729,920 Transfers from Other Funds 3,858,565 Specific Fund Reserves Fund 173 Revenue Totals 21,431,788 174 Town Center Special Tax District Revenue from Local Sources 1,522,219 General Property Taxes Fund 174 Revenue Totals 1,522,219 175 Golf Course Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 231,400 2,609,343 Charges for Services Fund 175 Revenue Totals 2,840,743 176 Transition Area Special Revenue Fund 370,606 Transfers from Other Funds Fund 176 Revenue Totals 370,606 180 Community Development Special Revenue Fund Revenue from the Federal Government 1,860,501 Transfers from Other Funds 903,173 Fund 180 Revenue Totals 2,763,674 181 CD Loan and Grant Fund Revenue from the Federal Government 679,456 300,000 Non -Revenue Receipts Fund 181 Revenue Totals 979,456 182 Federal Housinq Assistance Grant Fund Revenue from the Federal Government 1,393,865 50,000 Non -Revenue Receipts Fund 182 Revenue Totals 1,443,865 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment B - Revenues FY 2007-08 Adopted 183 Grants Consolidated Fund Revenue from Local Sources Charges for Services 85,507 Revenue from the Commonwealth Other Sources from the Commonwealth 1,335,289 Revenue from the Federal Government 2,658,849 Non -Revenue Receipts 44,680 Transfers from Other Funds 396,922 Fund 183 Revenue Totals 4,521,247 185 Mental Health Grants Fund Revenue from Local Sources Charges for Services 3,000 Revenue from the Commonwealth 15,780,459 Other Sources from the Commonwealth 260,942 Revenue from the Federal Government 470,309 Transfers from Other Funds Fund 185 Revenue Totals 734,251 187 Marine Science Museum Grants Fund Fund 255 Revenue Totals 21,569,360 Revenue from the Federal Government 31,000 Transfers from Other Funds Fund 187 Revenue Totals 31,000 241 Water and Sewer Fund Fund 302 Revenue Totals 118,659,525 Revenue from Local Sources From the Use of Money and Property 2,033,181 Charges for Services 90,500,351 Miscellaneous Revenue 230,360 Non -Revenue Receipts 3,647,043 Transfers from Other Funds 249,065 Specific Fund Reserves 428,551 Fund 241 Revenue Totals 97,088,551 253 Parking Enterprise Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses 30,000 From the Use of Money and Property 55,000 Charges for Services 2,501,000 Transfers from Other Funds 299,230 Specific Fund Reserves 300,000 Fund 253 Revenue Totals 3,185,230 255 Storm Water Utility Enterprise Fund Revenue from Local Sources From the Use of Money and Property 120,130 Charges for Services 15,780,459 Revenue from the Commonwealth Other Sources from the Commonwealth 5,599,945 Transfers from Other Funds 68,826 Fund 255 Revenue Totals 21,569,360 302 General Debt Fund Transfers from Other Funds 118,659,525 Fund 302 Revenue Totals 118,659,525 City of Virginia Beach, Virginia Fiscal Year 2007-08 Budget Ordinance Attachment B - Revenues FY 2007-08 Adopted 460 School General Revenue Capital Projects Fund Transfers from Other Funds 13,108,658 Fund 460 Revenue Totals 13,108,658 540 General Government Capital Projects Fund Transfers from Other Funds 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 555 Storm Water Capital Projects Fund Transfers from Other Funds 908 City Beautification Fund Revenue from Local Sources Miscellaneous Revenue 909 Library Gift Fund Revenue from Local Sources Miscellaneous Revenue 911 Parks and Recreation Gift Fund Revenue from Local Sources Miscellaneous Revenue 950 Circuit Court Clerk Technology Fund Revenue from Local Sources Charges for Services Revenue Sources Totals Less Interfund Transfers Net Revenue Totals 35,764,940 Fund 540 Revenue Totals 35,764,940 6,250,000 Fund 541 Revenue Totals 6,250,000 7,727,588 Fund 555 Revenue Totals 7,727,588 10,200 Fund 908 Revenue Totals 10,200 5,600 Fund 909 Revenue Totals 5,600 77,720 Fund 911 Revenue Totals 77,720 35,700 Fund 950 Revenue Totals 35,700 2,343,788,423 621,483,501 1,722,304,922 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL 2 ESTATE FOR FISCAL YEAR 2008 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2008 taxes for general purposes on all real estate, 7 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and 8 not otherwise provided for in this ordinance, at the rate of eighty-nine Rinety RORe cents ($A-99) 0.89 on each 9 one hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in 10 this section shall be applied on the basis of one hundred percentum of the fair market value of such real property, 11 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code 12 of Virginia. 13 14 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as 15 Real Estate, "Certified Storm Water Management Developments and Property," 16 "Certified Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real 17 Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion 18 Controls, and Certain Wetlands and Riparian Buffers. 19 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 20 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2008, taxes on all 21 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," 22 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments 23 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy 24 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of 25 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by 26 Code of Virginia § 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia § 27 58.1-3666, not exempt from taxation, at a rate of eighty-nine viae cents ($0-99) 0.89 on each one 28 hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall be applied 29 on the basis of one hundred percentum of fair market value of such real property except for public service 30 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 31 32 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 33 There shall be levied and collected for fiscal year 2008, taxes for the special purpose of providing beach 34 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 35 District, not exempt from taxation, at the rate of six cents ($.06) on each one hundred dollars ($100) of assessed 36 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this 37 ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the 38 fair market value of such real property except for public service real property, which shall be on the basis as 39 provided in Section 58.1-2604 of the Code of Virginia. 40 41 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 42 For the special purpose of operating and maintaining the parking garage and providing enhanced 43 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well 44 as other additional services authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal 45 year 2008, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at 46 the rate of fifty-sevea cents ($-573 JL§Qj on each one hundred dollars ($100) of assessed value thereof. This real 47 estate tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax 48 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 49 property, except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of 50 the Code of Virginia. 51 52 Sec. 5. Severability. 53 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 54 shall not affect the validity of the remaining portions of this ordinance. 55 56 57 58 59 60 61 Sec. 6. Effective date. The effective date of this ordinance shall be July 1, 2007. Adopted by the City Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON 2 PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR 3 THE CALENDAR YEAR 2008 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 Sec. 1. Amount of Levy on Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and 8 collected for general purposes for the calendar year 2008 on all tangible personal property, including all separate 9 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise 10 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars 11 ($100) assessed valuation thereof. 12 Specific categories of personal property taxed at this rate include, but are not limited to, the 13 following: 14 a. aircraft and flight simulators as described in Code of Virginia § 58.1-3506 (A) (2) and (3) ; 15 b. antique motor vehicles as described in Code of Virginia § 58.1-3506 (A) (4) ; 16 C. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (6) ; 17 d. computer equipment as described in Code of Virginia § 58.1-3506 (A) (9) ; 18 e. tangible personal property as described in (a) Code of Virginia § 58.1-3660 as "certified 19 pollution control equipment and facilities" or (b) Code of Virginia § 58.1-3661 as "certified solar equipment, 20 facilities or devices and certified recycling equipment, facilities or devices"; and 21 f. personal vehicles as described in § 58.1-3524 of the Code of Virginia. Taxes shall be levied 22 and collected for general purposes for the calendar year 2008 on the assessed value of all personal vehicles not 23 otherwise exempted from taxation in this ordinance, subject to the following: 24 1. Any personal vehicle with a total assessed value of $1,000 or less will be levied no tax. 25 2. Any personal vehicle with an assessed value of between $1,001 and $20,000 will be 26 levied 39.7% 36.2% of the computed tax based on the total assessed value of the vehicle. Reimbursement is 27 expected from the state under the Personal Property Tax Relief Act equal to the remaining 60.3% 63.9% of the 28 computed tax on the first $20,000 of assessed value. 29 3. Any personal vehicle with an assessed value of over $20,000 will be levied 39.7%°k 30 of the computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the 31 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property 32 Tax Relief Act equal to the remaining 60.3% 63 % of the computed tax on the first $20,000 of assessed value. 33 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the 34 City Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax 35 due without regard to any former entitlement to state relief, plus applicable penalties and interest, to any taxpayer 36 whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on 37 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no longer available from the 38 Commonwealth, whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this 39 section shall be computed on the entire amount of tax owed. Interest shall be computed from the original due 40 date of the tax. 41 42 Sec. 2. Amount of Levy on Manufactured Homes. 43 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and 44 collected for general purposes for the calendar year 2008 taxes on all vehicles without motive power, used or 45 designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate 46 of niRety RiRe eighty-nine cents ($949 0.89) on each one hundred dollars ($100) of assessed valuation thereof. 47 48 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More. 49 In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and 50 collected for general purposes for the calendar year 2008 taxes on all boats or watercraft weighing five (5) tons or 51 more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each 52 one hundred dollars ($100) of assessed valuation thereof. 53 54 Sec. 4. Amount of Levy on Machinery and Tools. 55 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected 56 for general purposes for the calendar year 2008 taxes on machinery and tools, including machinery and tools 57 used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at 58 the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by 59 Code of Virginia § 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and 60 tools: 61 a. all tangible personal property used in research and development businesses, as described in 62 Code of Virginia § 58.1-3506 (A) (5) ; 63 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (7) ; and 64 C. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more 65 used to transport property for hire by a motor carrier engaged in interstate commerce, as 66 described in Code of Virginia § 58.1-3506 (A) (23) . 67 68 Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for 69 Recreational Purposes Only. 70 In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of Virginia, 71 there shall be levied and collected for general purposes for the calendar year 2008 taxes on all privately owned 72 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 73 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. 74 75 Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, 76 and Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. 77 In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall 78 be levied and collected for general purposes for the calendar year 2008 taxes at the rate of one dollar and fifty 79 cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 80 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and 81 privately owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes 82 only; and (b) privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used 83 for the transportation of horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code 84 of Virginia. 85 86 Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 87 In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced 88 tax, levied and collected for general purposes for the calendar year 2008 at the rate of one dollar and fifty cents 89 ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly 90 used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or 91 who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 92 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed 93 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to 94 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so 95 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 96 (A) (17) , and that his or her disability is service connected. 97 98 Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at 99 Least Sixty -Five Years of Age or Anyone Found to be Permanently and Totally Disabled. 100 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced 101 tax, levied and collected for general purposes for calendar year 2008, at the rate of three dollars ($3.00) on each 102 one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used 103 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, 104 as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 105 1. The total combined income received, excluding the first $7,500 of income, from all sources 106 during calendar year 2007 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 107 ($22,000). 108 2. The owner's net financial worth, including the present value of all equitable interests, as of 109 December 31 of calendar year 2007, excluding the value of the principal residence and the land, not exceeding 110 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 111 3. All income and net worth limitations shall be computed by aggregating the income and 112 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any 113 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, 114 irrespective of how such motor vehicle may be titled. 115 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or 116 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have 117 been satisfied. 118 119 Sec. 9. Assessed Value Determination. 120 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the 121 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the 122 Revenue for the City of Virginia Beach. 123 124 Sec. 10: Severability. 125 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 126 decision shall not affect the validity of the remaining portions of this ordinance. 127 128 Sec. 11_ Effective Date. 129 This ordinance shall be effective January 1, 2008. 130 131 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2007. 132 133 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT 154�nagement enric s APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN 3 TO THE U.S. DEPARTMENT OF HOUSING AND 4 URBAN DEVELOPMENT 5 WHEREAS, the United States Congress has established legislation designated as the Housing and 6 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 7 goal; 8 9 WHEREAS, there is federal assistance available for the support of Community Development and Housing 10 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate 11 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the 12 City's housing stock and community services, along with other related activities; and 13 14 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia 15 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban 16 Development and has created the necessary mechanisms for its implementation in compliance with federal and 17 local directives; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA: 21 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 22 City, to submit the City's FY 2008 Annual Funding Plan (the "Plan") and amendments thereto, along with 23 understandings and assurances contained therein and such additional information as may be required, to the 24 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2007. APPROVED AS TO CONTENT ..emenI6e .- APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE 3 TAXES FOR ELDERLY OR DISABLED PERSONS BY 4 INCREASING INCOME AND NET WORTH LIMITS SECTIONS AMENDED: §§ 35-64 AND 35-67 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: 8 9 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. 10 (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division 11 shall be granted to persons subject to the following provisions: 12 (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially 13 held, on June thirtieth immediately preceding the taxable year, by the person or persons 14 claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or 15 persons. 16 (2) The head of the household occupying the dwelling and owning title or partial title thereto or 17 either spouse in a dwelling jointly held by a husband and wife is either permanently and 18 totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year 19 immediately preceding the taxable year; provided, however, that a dwelling jointly held by a 20 husband and wife may qualify if either spouse is over sixty-five (65) years of age. 21 (3) For the tax exemption programs, the total combined income received from all sources during 22 the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 23 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not 24 exceed sixty-two ferry -six thousand one wed dollars ($62,000) k$464 -40 -W provided that 25 the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of 26 the owner, who is living in the dwelling, shall not be included in such total: and provided 27 further that the first ten thousand dollars ($10,000.00) or any portion thereof of income 28 received by a permanently and totally disabled owner shall not be included in such total. 29 (4) For the tax freeze program, the total combined income received from all sources during the 30 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 31 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not 32 exceed Y- six -two thousand dollars {$52;800:80) ($62,000); provided that the first ten 33 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, 34 who is living in the dwelling, shall not be included in such total; and provided that the first ten 35 thousand dollars ($10,000.00) or any portion thereof of income received by a permanently 36 and totally disabled owner shall not be included in such total. 37 (5) For the tax exemption programs, the net combined financial worth, including equitable 38 interests, as of December thirty-first of the year immediately preceding the taxable year, of 39 the owners, and of the spouse of any owner, excluding the value of the dwelling and the land 40 (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty 41 thousand dollars $350,000.00. 42 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as 43 of December thirty-first of the year immediately preceding the taxable year, of the owners, 44 and of the spouse of any owner, excluding the value of the dwelling and the land (not 45 exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty 46 thousand dollars $350,000.00. 47 (7) For the tax deferral program, the total combined income received from all sources during the 48 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 49 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not 50 exceed fi#fir- aj?Lty two thousand dollars ($62,000) provided that the first ten 51 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, 52 who is living in the dwelling, shall not be included in such total; and provided further that the 53 first ten thousand dollars ($10,000.00) or any portion thereof of income received by a 54 permanently and totally disabled owner shall not be included in such total. 55 (8) For the tax deferral program, the net combined financial worth, including equitable interests, 56 as of December thirty-first of the year immediately preceding the taxable year, of the owners, 57 and of the spouse of any owner, excluding the value of the dwelling and the land (not 58 exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty 59 thousand dollars ($350,000.00). 60 (9) The dwelling is occupied. 61 62 Sec. 35-67. Amount of exemption. 63 When a person claiming exemption under this division conforms to the standards and does not exceed 64 the limitations contained in this division, the tax exemption shall be as shown on the following schedule: 65 Total income, 66 All Sources Tax Exemption 67 $0.90 $34,000 00 $0.00 - $46,000.00 100% 68 $46,000.01 - $50.000.00 80% 69 $50,000.01 - $54,000.00 60% 70 $54.000.01 - $58,000.00 40% 71 $58,000.01 - $62,000.00 20% 72 No lien shall accrue as a result of the amount certified as exempt. 73 74 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2007. 75 76 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2007. APPROVED AS TO CONTENT jn*agement s4ervicqs APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 1 AN ORDINANCE TO DECLARE $ 8,750,000 OF FUNDING WITHIN 2 THE SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS 3 SURPLUS FUNDS IN THE FY 2006-07 OPERATING BUDGET inancing District F) and the Sandbridge 4 Special Service e D se District (Sandbridge SSD), weestablREAS, the Sandbridge Tax Increment ished t shed provide a funding (Sandbridge sourcel for beach and shoreline 6 restoration and management at Sandbridge; 7 8 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that 9 funding is adequate for long-term beach and shoreline restoration and management along Sandbridge; 10 11 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient 12 funding to meet long-term obligations for beach and shoreline restoration and management; 13 14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the 15 project; 16 17 WHEREAS, $ 8,750,000 is available as an unencumbered appropriation in the FY 2006-07 Sandbridge 18 TIF Reserve for Future Commitments. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 (1) That $ 8,750,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the 23 long-term obligations for beach and shoreline restoration and management and is hereby 24 declared surplus. 25 (2) That $ 8,750,000 is hereby transferred within the FY 2006-07 Operating Budget from the 26 Sandbridge TIF to the General Fund — Unappropriated Real Estate Tax Revenues. 27 28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2007. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Z Zan�eces City Attorney's Office 1 2 3 AN ORDINANCE TO AMEND THE FUNDING SOURCES FOR THE AGRICULTURE RESERVE PROGRAM BY LOWERING THE AMOUNT OF REAL ESTATE TAX REVENUE WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands Preservation Ordinance, establishing the Agricultural Reserve Program (the "Program") for the preservation of agricultural lands within the City, and the City Council initially dedicated a one and one-half cent increase in the real estate tax to finance the Agricultural Reserve Program; and WHEREAS, on May 11, 2004, the City Council lowered the dedicated amount of real estate tax from one and one-half cent to one cent, and WHEREAS, on May 9th, 2006, the City Council lowered the dedicated amount of real estate tax from one cent to nine tenths of one cent, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, subject to appropriation, the following revenue sources will be used to pay the costs of the Agricultural Reserve Program: 1. One Nine tenths cent ($0.009) of the Real Estate Tax; 2. Such other General Fund Revenues as may be committed by City Council in support of the Agricultural Reserve Program; and 3. Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special Revenue Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on this the 15th day of May, 2007. APPROVED AS TO CONTENT l Managemen Serv' es APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 1 AN ORDINANCE TO RE-ESTABLISH THE RED LIGHT PHOTO ENFORCEMENT 2 PROGRAM, AND TO APPROPRIATE $305,000 IN ESTIMATED REVENUE TO 3 THE POLICE DEPARTMENT'S FY 2007-08 OPERATING BUDGET TO 4 ADMINISTER THE RED LIGHT PHOTO ENFORCEMENT PROGRAM WHEREAS, the Virginia General Assembly approved a bill to allow cities and counties with populations of 10,000 or more to install photo -monitoring systems at intersections with traffic signals; and WHEREAS, the Governor has signed the bill to allow for the Red Light Photo Enforcement Program to enforce traffic light signals; and WHEREAS, the City of Virginia Beach wishes to institute this program effective July 1, 2007; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Red Light Photo Enforcement Program is hereby re-established; and The effective date of this ordinance shall be July 1, 2007. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th Day of May, 2007. Requires an affirmative vote by a majority of the members of the City Council APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management ervic s City Attorney's Office 1 2 3 4 5 6 7 8 9 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 48 49 50 51 52 53 AN ORDINANCE AMENDING THE ORDINANCE CREATING THE TOWN CENTER SPECIAL SERVICE DISTRICT BY MODIFYING THE DISTRICT'S BOUNDARIES WHEREAS, by ordinance adopted May 14, 2002 (Ordinance #26998), the City Council of the City of Virginia Beach established the Town Center Special Service District to provide an enhanced level of City services and maintenance for public infrastructure at the Town Center; WHEREAS, by ordinance adopted September 27, 2005(Ordinance #2896N), the City Council amended the boundaries of the Town Center Special Service District as previously defined in Ordinance #26998; and WHEREAS, after conducting a public hearing, the City Council has determined that it would be in the best interests of the City and its citizens to expand the Town Center Special Service District to provide additional, more complete and more timely services to the public facilities and areas in the Town Center, as described in the ordinance adopted on May 14, 2002. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance #2896N, "An Ordinance Amending the Town Center Special Service District," is hereby amended to modify the boundaries of the Town Center Special Service District, as follows: 2. Boundaries of District. (a) The District is bounded as follows: Beginning at the southeast corner of the intersection of Virginia Beach Boulevard and Market Street, moving south to the southeast corner of the intersection of Bank Retoreas Street and Market Street, then moving west along Bank Retoanas Street to the southeast corner of the intersection of Independence Boulevard and Bank Retemas Street, then moving south along Independence Boulevard to the northeast corner of the intersection of Independence Boulevard and Southern Boulevard, then moving east along Southern Boulevard to the northeast corner of the intersection of Southern Boulevard and Market Street, then moving to the north along Market Street to the northeast corner of the intersection of Columbus Street and Market Street, then moving to the east along Columbus Street to the northwest corner of the intersection of Columbus Street and Constitution Drive, then moving to the north along Constitution Drive to the southwest corner of the intersection of Constitution Drive and Virginia Beach Boulevard, then to the west along Virginia Beach Boulevard to the point of beginning. (b) Within the boundaries described above, the following area, which will not receive enhanced maintenance or services, shall be excluded from the District: beginning at seutkwest oto the northeast seuthwest corner of the intersection of Columbus Street and Market Street ro.,+r.,i I .... n„eRue, then moving north on Market Street GeRtFal PaFk AveRue to the southeast southwest corner of the intersection of Market Street CeRtFal PaFk veRwe and Commerce Street, then moving east west on Commerce Street to the southwest corner of the intersection of Commerce Street and Central Park Avenue MaFket StFeet then moving south on Central Park Avenue to the northwest corner of the intersection of Central Park Avenue and Columbus Street then west neFth along Columbus Street Market -54" to the point of beginning. 54 55 56 57 58 59 60 61 62 63 64 65 (c) The particular boundaries of the District and the excluded areas are set forth in detail in the attached map, which shall control in the event of any discrepancy between the map and the description in the preceding paragraphs. BE IT FURTHER ORDAINED: That this ordinance shall be effective on May 15, 2007. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2007. Comment: The change from Potomac Street to Bank Street reflects a street name change rather than a boundary change. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office a 9AMaMO1I.WISWOJ N OBD co X � f C 9AIWG WHINND NAIOI 0 3� S Go An v n n CN a IHHWISI�xW�v o � o .r o � L O U *al7S H?NHQt�HdHOl�tl 0 0 a sxais-a C�ryt,: v rc�a#i� "=x�x } :k�c4 �S^aka z aS�aYY:x S�iSyelfi� 1 AN ORDINANCE TO AMEND CITY CODE SECTION 1-12.2 2 PERTAINING TO THE COURTHOUSE SECURITY FEE IMPOSED 3 UPON PERSONS CONVICTED OF CRIMINAL OR TRAFFIC 4 OFFENSES 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 That Section 1-12.2 of the City Code is hereby amended and reordained to read as follows: 9 10 Sec. 1-12.2. Assessment of court costs for the cost of persons admitted to jail following 11 conviction and the costs of court house security. 12 13 .... 14 15 (b) (1) In addition to any other fees prescribed by law, a fee of five dollars ($5.00) is 16 hereby imposed in each criminal and traffic case in which the defendant is convicted of a 17 violation of any statute or ordinance. The clerks of the district and circuit courts shall 18 charge and collect this assessment as a part of the fees taxed as costs. 19 20 (2) After collection by the clerk of the court in which the case is heard, the 21 assessment shall be remitted to the city treasurer and held subject to appropriation by the 22 city council to the sheriffs office for funding court house security personnel. 23 24 , 20 25 26 'COMMENT 27 28 This is a housekeeping ordinance. City Council specifically authorized collection of this 29 fee in its budget ordinances adopted in 2003, 2004, 2005, and 2006, but because of an oversight, 30 this Code section was not updated to make it consistent with the budget ordinances. This 31 amendment ensures consistency with the budget ordinances. 32 33 Be it further ordained that this ordinance shall be effective upon adoption. 34 35 Adopted by the City Council of the City of Virginia Beach, Virginia on this day of 36 May, 2007. APPROVED AS TO CONTENT Vanagement'Servicds CA10376 R5 May 8, 2007 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2007-08 Capital Improvement Program and Related Ordinances MEETING DATE: May 15, 2007 ■ Background: On March 27, 2007, the City of Virginia Beach FY 2007-08 Proposed Biennial Resource Management Plan with Second Year Changes, which includes the Operating Budget and Capital Improvement Program, was prepared in accordance with section 2-186.1 of the City Code. City Council adopted section 2-186.1 in March 2005 requiring that the budget be developed with a base level of the previous fiscal year's real estate tax levies plus revenues resulting from new development. City Council workshops were held on April 10th, 17th, 19th, 24th and May 1St to provide information to the City Council. On April 19th and 24th, public hearings were held to provide the public the opportunity to comment on the proposed Resource Management Plan and real estate tax rate, respectively. At the May 8, 2007 Reconciliation Workshop, City Council agreed to amend the Capital Budget as follows: • Increase the funding for CIP #2-208, Constitution Drive Extended by $2,000,000, bringing the total City share to $9,176,912 of the total project cost with the developer covering the remaining cost. Increase the funding for CIP #2-161, Traffic Signal Retiming to appropriate a federal earmark and Congestion Mitigation and Air Quality grant of $600,500. On April 10, 2007, Council established this project to develop a comprehensive traffic signal retiming program, and appropriated $555,791 of a total of $1,756,091 that will be provided through FY 2008-09 from the federal earmark and Congestion Mitigation and Air Quality grant. This project will retime all the major arterial corridors, including: Lynnhaven Parkway; Dam Neck Road; Holland Road; Kempsville Road; Great Neck Road; First Colonial Road; Northampton Boulevard; Virginia Beach Boulevard; Providence Road; South Independence Boulevard; Princess Anne Road. The proposed ordinances were updated to reflect City Council's direction at the May 8, 2007 Reconciliation Workshop. ■ Considerations: The following ordinances are provided for the Council's consideration and approval to implement the FY 2007-08 Capital Improvement Program. Unless otherwise noted, approval requires an affirmative vote by a majority of the members of City Council. An Ordinance to Adopt the FY 2008/FY 2012 Capital Improvement Program and to Appropriate $204,514,641 for the FY 2008 Capital Budget Subject to Funds being Provided from Various Sources Set Forth Herein 2. An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $63,800,000 for Various Public Facilities and General Improvements 3. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $18,793,000 4. An Ordinance to Direct the Public Works Department to Work with VDOT to Advance Construction of CIP #2-121, Nimmo Parkway -Phase V-A (VDOT), and #2-305, Princess Anne Road -Phase IV (Ferrell -Phase II)(VDOT) and Reallocate $46,650,692 of Funding from Various State Roadway Projects to Allow Advancement of Construction ■ Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement of the City Council agenda and public hearings, pursuant to local and State code requirements. ■ Recommendations: It is recommended that the attached ordinances implementing the FY 2007-08 Capital Improvement Program be approved. ■ Attachments: FY 2007-08 Capital Improvement Program ordinances Recommended Action: Approval of Ordinances Submitting DepartmenVAgency: Department of Management Service?"'(��� City Manag l� 1 AN ORDINANCE TO ADOPT THE FY 2008/FY 2012 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE 3 $204,514,641 FOR THE FY 2008 CAPITAL BUDGET SUBJECT 4 TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET 5 FORTH HEREIN 6 WHEREAS, the City Manager, on March 27, 2007, presented to City Council the Capital Improvement 7 Program for fiscal years 2008 through 2012; 8 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; and WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2008 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 Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities identified for fiscal years 2008 through 2012 is hereby adopted, and the projects listed therein are hereby 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 $204,514,641 for capital projects in the Capital Budget for the 2008 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A — Capital Budget Appropriations," a copy of which is attached hereto. Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget for the 2008 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment B — Financing Sources." Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of which is attached hereto. Section 6. That additional appropriations, aad the addition of capital projects, and changes in project scope shall not be initiated except with the consent and approval of the City Council first being obtained, and an appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for which it was made has been accomplished or abandoned. Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices, reporting requirements and the Capital Improvement Program adopted by the City Council. Section 9. That the City Manager or the Director of Management Services is hereby authorized to change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects included in this ordinance to reflect effective utilization of the financing sources. If the financing sources in support of capital projects decline, the City Manager or the Director of Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. Section 10. That the Capital Improvement Program debt management policies contained and included in the Resource Management Plan — Executive Summary document shall be the policy guidelines of the City, and 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 Resource Management Plan submittal. The City Manager may propose modifications to those policies and guidelines through the Resource Management Plan. Section 11. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real property necessary for the project is authorized by means of voluntary negotiation with willing sellers. Section 132. That violation of this ordinance shall result in the City Manager taking disciplinary action against the person or persons responsible for the capital project in which the violation occurred. Section 143. That if any portion 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. Section 154. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 2008 Capital Budget shall be effective on July 1, 2007. 94 Adopted by the City Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007. APPROVED AS TO CONTENT ImanagernerAervi6es APPROVED AS TO LEGAL SUFFICIENCY i�7- - City Attorney's Office Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2007-08 Safe Community 3.021 Fire and Rescue Station - Thalia 3.344 Police Fourth Precinct - Replacement 3.365 Fire Facility Rehabilitation and Renewal - Phase II 3.371 Fire Apparatus - Phase II 3.281 2.018 2.021 2.031 2.039 2.048 2.052 2.071 2.072 2.076 2.083 2.089 2.115 2.121 2.145 2.150 2.161 2.168 2.172 2.176 2.195 2.200 2.208 2.211 2.263 CIT - Communication Infrastructure Replacement 3,805,157 680,150 932,533 1,795,000 Total Building Projects 7,212,840 700,000 Total Communications and Information Technology Projects 700,000 Total Safe Community Projects 7,912,840 Quality Physical Environment Economic Vitality Major Intersection Improvements 9.016 Town Center Infrastructure 650,000 9.060 . Oceana & Interfacility Traffic Area Conformity & Acquisition 15,000,000 9061 17th Street Park Storage Facility 100,000 9.069 19th Street Corridor Improvements 2,500,000 9.141 Economic Development Investment Program (On -Going) 2,149,821 Laskin Road Gateway Total Economic and Tourism Development Projects 20,399,821 1,275,000 Total Economic Vitality Projects 20,399,821 Safe Community 3.021 Fire and Rescue Station - Thalia 3.344 Police Fourth Precinct - Replacement 3.365 Fire Facility Rehabilitation and Renewal - Phase II 3.371 Fire Apparatus - Phase II 3.281 2.018 2.021 2.031 2.039 2.048 2.052 2.071 2.072 2.076 2.083 2.089 2.115 2.121 2.145 2.150 2.161 2.168 2.172 2.176 2.195 2.200 2.208 2.211 2.263 CIT - Communication Infrastructure Replacement 3,805,157 680,150 932,533 1,795,000 Total Building Projects 7,212,840 700,000 Total Communications and Information Technology Projects 700,000 Total Safe Community Projects 7,912,840 Quality Physical Environment Major Intersection Improvements 500,000 Rural Road Improvements 300,000 Street Reconstruction 150,000 Computerized Traffic Signal System Upgrade/Rept. (Partial) 2,292,000 Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) 4,919,000 Traffic Signal Rehabilitation 350,000 Baker Road Extended 927,000 First Colonial RdNa. Beach Blvd. Intersection Imp. 3,922,000 Laskin Road Gateway 1,200,000 Diamond Springs Road Bridge Replacement 1,275,000 Southeastern Parkway & Greenbelt (Partial) 662,920 Shore Drive Intersections - Demonstration Project 637,499 Nimmo Parkway -Phase V-A (VDOT) 2,000,016 Wesleyan Drive (First Cities Project) 780,000 Salem Rd/Princess Anne Rd Intersection Improvement 600,000 Traffic Signal Retiming 600,500 Lesner Bridge Replacement (First Cities Project) 1,000,000 LED Traffic Signal Upgrade 100,000 Transportation Network Analysis 300,000 Princess Anne Road - Phase VII 2,900,000 Shore Drive Deomonstration Project - Phases II & III 500,000 Constitution Drive Extended 7,636,792 Traffic Calming 100,000 Major Bridge Rehabilitation (Partial) 660,000 Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2007-08 Quality Phvsical Environment 2.268 Wetlands Mitigation Banking 2.284 Pavement Maintenance Program 2.285 Traffic Safety Improvements - Phase II 2.305 Princess Anne Road- Phase IV (Ferrell - Phase II) (VDOT) 2.502 West Neck Road (Transition Area Network) 2.837 Various Cost Participation Projects 2.931 Witchduck Road - Phase I (Partial) (First Cities Project) 3.366 Various Buildings HVAC Rehabilitation and Renewal - Phase II 3.367 Various Buildings Rehabilitation and Renewal - Phase II 3.368 Various Site Acquisitions 5.064 Columbus Street Pump Station Modifications 5.067 Courthouse and Sandbridge Tank Modifications 5.084 System Expansion Cost Participation Agreements - Phase II 5.086 Comprehensive Water Master Planning - Phase V 5.087 Bayway Road Water Improvements - 51 % Program 5.088 Small Line Improvements - Phase V 5.091 Water Request & Agreement (51 % Program) - Phase V 5.092 Landstown Yard Improvements - Phase III 5.162 Backflow Prevention and Cross Connection Control Program 5.167 Water Tank Upgrade Program - Phase III 5.203 Lotus Garden Water Improvements - 51% Program 5.207 Laskin Road Water Improvements - Phase I (VDOT) 5.302 Potable Wells Evaluation Program - Phase II 5.303 Water Quality Program - Phase III 5.400 Fire Hydrant Program - Phase II 5.404 Computerized Mapping & Infrastructure Management - Phase If 5.405 Customer Information System Version Migration 5.451 Engineering Services - Various Projects 5.708 Resort Area Neighborhood Revitalization 5.710 19th Street Corridor Water Improvements 5.802 Utility Crossings Condition Assessment 5.803 Water Valve Connection Assessment & Maintenance 5.965 Water Resources 6.019 Resort Area Neighborhood Revitalization 6.065 Infiltration, Inflow, and Rehabilitation - Phase IV 6.066 Pump Station Modifications - Phase IV 6.069 Birdneck Road Sewer Improvements - Phase II (VDOT) 6.085 Sanitary Sewer Aging Infrastructrue Program - Phase II 6.089 Comprehensive Sewer Master Planning - Phase IV 6.138 Landstown Yard Improvements - Phase III 6.139 Bayway Road Sewer Improvements - 51 % Program 6.146 Sewer Requests & Agreements - Phase V (51% Program) 6.148 System Expansion Cost Participation Agreements - Phase 11 6.203 Lotus Gardens Sewer Improvements - 51 % Program 100,000 9,304,912 1,250,000 539,876 1,384,061 50;000 1,621,000 Total Roadways Projects 48,562,576 1,073,334 2,541,287 1,000,000 Total Buildings Projects 4,614,621 110,000 75,000 100,000 150,000 25,000 500,000 50,000 1,500,000 150,000 250,000 1,790,000 365,000 100,000 100,000 50,000 150,000 100,000 50,000 800,000 200,000 50,000 50,000 200,000 Total Water Utility Projects 6,915,000 1,000,000 1,500,000 2,978,000 450,000 4,300,000 300,000 360,000 55,000 100,000 1,870,000 1,390,000 Attachment A - Capital Budget Appropriations Appropriations Project Number Projects FY 2007-08 Quality Physical Environment 6.404 Computerized Mapping & Infrastructure Management - Phase II 150,000 6.405 Customer Information System Version Migration 100,000 6.411 CIT - Service Area Master Planning & Info. System (SAMPIS) 250,000 6.451 Engineering Services - Various Projects 50,000 6.502 Private Sanitary Sewer Pump Station Abandonment Program 75,000 6.505 Princess Anne Plaza Rehabilitation - Phase II 1,300,000 6.506 Sanitary Sewer System Revitalization Program - Phase 1 1,100,000 6.612 Pump Station Wet Well Revitalization 350,000 6.613 Auxiliary Power Program - Sewer Pump Stations - Phase II 300,000 6.710 19th Street Corridor Sewer Improvements 50,000 6.802 Utility Crossings Condition Assessment Program 50,000 6.803 Sewer Valve Condition Assessment & Maintenance 50,000 Total Sewer Utility Projects 18,128,000 7.004 Storm Water Infrastructure Rehabilitation 500,000 7.024 Southern Canal/Lead Ditch and Culvert Improvements 200,000 7.027 SWM Master Planning, Analysis, and Inventory 100,000 7.031 Kempsville Greens GC Community Storm Water Bank Stabilization 125,000 7.063 Neighborhood Storm Water Infrastructure Improvements 834,640 7.067 Primary System Infrastructure Improvements 1,250,000 7.091 Residential Drainage Cost Participation Program 50,000 7.152 Lake Management 1,000,000 7.153 Lynnhaven Watershed Restoration 300,000 7.157 Lynnhaven River Environmental Restoration Study 176,000 7.159 Water Quality Participation Projects 1b0,000 7.183 Storm Water Quality Enhancements 750,000 7.902 North Beach Drainage 2,500,000 Total Storm Water Projects 7,885,640 8.002 Beach Profile Monitoring Program 75,000 8.004 Various Minor Dredging Projects 865,000 8.005 Western Branch Lynnahven River Maintenance Dredging 2,724,013 8.007 Rudee Inlet Outer Channel Maintenance Dredging 260,000 8.008 Beach Replenishment 1,523,389 8.014 Lynnhaven Inlet Maintenance Dredging 160,000 8.018 Outfall Improvements for 79th, 16th, and 42nd Streets 3,600,000 8.023 Sandbridge Beach Access Improvements & Sand Management 200,000 8.282 Sandbridge Beach Restoration 2,704,786 8.830 Rudee Inlet Federal Dredging 420,000 Total Coastal Projects 12,532,188 Total Quality Physical Environment Projects 98,638,025 Project Number 4.013 4.016 4.017 4.018 4.019 4.023 4.024 4.030 4.034 4.036 4.051 4.055 4.063 4.070 4.075 4.971 1.001 1.006 1.018 1.019 1.031 1.075 1.078 1.085 1.099 1.103 1.104 1.105 1.232 1.234 1.235 3.262 3.200 3.209 3.340 Attachment A - Capital Budget Appropriations Appropriations Projects FY 2007-08 Cultural and Recreational Oanortunities Community Rec Centers Repairs and Renovations - Phase II Dist/Comm. Parks/Special Use Facilities Dev. & Ren. - Phase II Golf Courses Equipment & Infrastructure - Phase II Greenways and Scenic Waterways - Phase II New Princess Anne District Park Athletics Complex Neighborhood Parks Acquisition and Development - Phase II Park Playground Renovations - Phase II Recreation Office and Storage at School Sites - Phase II Community Recreation Centers Roof Repairs and Replacements Tennis Court Renovations - Phase II Stumpy Lake Golf Course Infrastructure Improvements Open Space Park Development and Maintenance Athletic Fields Upgrading and Lighting - Phase II Open Space Program Site Acquisition - Phase II Pedestrian System Improvements - Phase I Mount Trashmore District Park Renovations 4,263,861 1,076,379 200,000 200,000 352,000 200,000 450,000 50,000 563,000 300,000 1,950,000 1,550,000 75,000 500,000 500,000 200,000 Total Parks and Recreation Projects 12,430,240 Total Cultural and Recreational Opportunities Projects 12,430,240 Quality Education and Lifelong Learning Renovations and Replacements - Energy Management Various Schools Site Acquisition - Phase I Newtown Road Elementary School Replacement Great Neck Middle School Replacement Academy Facilities Improvements Elementary School 2007-08 School Bus Garage Facility Replacement / Expansion Alternative Education Facility - Phase II Renovations and Replacements - Grounds - Phase II Renovations and Replacements - HVAC Systems - Phase II Renovations and Replacements - Reroofing - Phase II Renovations and Replacements - Various - Phase II Tennis Court Renovations Virginia Beach Middle School Replacement Windsor Oaks Elementary School Replacement Tidewater Community College Expansion 750,000 1,000,000 4,000,000 10,000,000 100,000 1,000,000 4,500,000 17,750,000 500,000 1,290,376 3,378,339 1,000,000 100,000 12,500,000 3,000,000 Total Schools Projects 60,868,715 2,900,000 Total Buildings Projects 2,900,000 Total Quality Education and Lifelong Learning Projects 63,768,715 Quality Organization CIT - Revenue Assessment and Collection System CIT - Enterprise Electronic Records Management System CIT - Telecommunications Replacement 225,000 750,000 390,000 Total Communications and Information Technology Projects 1,365,000 Total Quality Organization Projects 1,365,000 Total Capital Budget 204,514,641 Attachment B - Financing Sources _ Capital Budget FY 2007-08 Financing Sources Fund Balance - General Fund 25,393,638 Fund Balance - Other 4,006,912 General Appropriations 49,263,598 General Obligation Bonds 63,433,991 Retained Earnings - Storm Water 158,052 State Contribution 29,487,862 Storm Water Utility Fund 7,727,588 Water and Sewer Bonds 18,793,000 Water and Sewer Fund 6,250,000 204,514,641 Projects Buildings Transfer To: 3.344 3.367 Transfer From: 3.003 3.230 Roadway Proiects Transfer To: 2.072 2.115 2.149 2.152 2.208 Transfer From: 2.025 2.072 2.115 2.156 2.165 2.167 3.173 3.420 Attachment C — Transfers Safe Community Police Fourth Precinct — Replacement Various Buildings Rehabilitation and Renewal - Phase II Appropriations Prior to FY 2007-2008 $69,850 66,262 Total Transfer To: $136,112 Judicial Center Parking Expansion $66,262 Police Fourth Precinct - Expansion and Renovation Study 69,850 Total Transfer From: $136,112 Quality Physical Environment First Colonial Rd/Va. Beach Blvd. Intersection Imp (Revenue Reduction) Shore Drive Intersections - Demonstration Project (Revenue Reduction) Birdneck Road - Phase II (VDOT) Elbow Road Extended - Phase II (First Cities Project) Constitution Drive Extended Total Transfer To Witchduck Road - Phase II (Partial) (First Cities Project) First Colonial Rd/Va. Beach Blvd. Intersection Imp (2006 Charter Bonds). Shore Drive Intersections - Demonstration Project (2006 Charter Bonds) Laskin Road - Phase I (VDOT) Laskin Road - Phase II (First Cities Project) Lynnhaven Parkway - Phase XI (VDOT) Emergency Communications/Emergency Operations Centers Dam Neck Yard Facility Design Total Transfer From Water and Sewer Utilitv Proiects Transfer To: 5.008 Birdneck Road Water Improvements - Phase II (VDOT) 5.167 Water Tank Upgrade Program - Phase III 5.202 Laskin Rd -Phase II & Gateway Water Improvements (VDOT) 5.601 First Colonial Rd/Va. Beach Blvd Intersection Improvements 5.752 HVAC Improvements, 2nd Floor, Building #20 6.138 Landstown Yard Improvements - Phase III 6.601 First Colonial Rd/Va. Beach Blvd Intersection Improvements 6.752 HVAC Improvements, 2nd Floor, Building #20 $3,274,000 637,499 948,400 1,838,885 1,220,120 $7,918,904 $26,000 3,274,000 637,499 2,410,582 1,066,000 141,615 260,000 103,208 $7,918,904 $120,000 75,000 400,000 110,000 75,000 1,140,000 170,000 75,000 Total Transfer To: $2,165,000 Projects Transfer From: 5.006 5.140 5.163 5.207 5.951 6.031 6.067 6.168 6.613 6.951 Schools Proiects Transfer To: 1.011 1.078 1.103 Transfer From: 1.001 1.227 1.228 1.233 Buildings Transfer To: 3.447 Transfer From: 3.413 3.453 Transfer To: 3.045 3.185 3.207 3.335 Attachment C — Transfers Appropriations Prior to FY 2007-2008 Water Appurtenances Location & Improvements $100,000 Various Roadway/Storm Water Coordination - Phase IV 150,000 Various Water Infrastructure Maintenance Support Program 500,000 Laskin Road Water Improvements - Phase I (VDOT) 365,000 Water Tap Installation Program 200,000 Sewer Appurtenances Evaluation & Improvements 150,000 Various Roadway/Storm Water Coordination - Phase IV 100,000 Various Sewer Infrastructure Maintenance Support Program 300,000 Auxiliary Power Program - Sewer Pump Stations - Phase II 200,000 Sewer Tap Installation Program 100,000 Total Transfers From: $2,165,000 Quality Education and Lifelong Learning Equipment and Vehicle Replacement School Bus Garage Facility Replacement/ Expansion Renovations and Replacements - HVAC Systems - Phase II Renovations and Replacements - Energy Management Windsor Woods Elementary School Replacement Brookwood Elementary School Replacement Old Donation Center Modernization Library Renovations and Replacements Bayside Library and Police Precinct Princess Anne Area Library Quality Organization $249,783 3,400,001 725,000 Total Transfer To: $4,374,784 Total Transfer From: $974,783 750,000 1,150,001 1,500,000 $4,374,784 $400,363 Total Transfer To: $400,363 $150,626 249,737 Total Transfer From: $400,363 CIT - Enterprise Data & Information Mgmt Plan - Phase I Fire Apparatus (Lease Purchase, FY 2005-06) CIT - Phase II Permits and Inspections Interactive Internet CIT - Electronic Ballot System - ADA Machines (Revenue Reduction) $400,000 1,362,687 150,000 315,000 Attachment C — Transfers Appropriations Prior to Projects FY 2007-2008 3.366 Various Buildings HVAC Rehabilitation and Renewal - Phase II 410,000 3.367 Various Buildings Rehabilitation and Renewal - Phase II 309,700 4.036 Tennis Court Renovations - Phase II 92,987 Total Transfer To: $3,040,374 Transfer From: 3.185 Fire Apparatus (Fund Balance, General Fund budgeted in FY 2002-03) $1,362,687 3.335 CIT - Electronic Ballot System - ADA Machines 315,000 3.370 CIT - Voting Machine Replacements (Lease Purchase, FY 2005-06) 1,362,687 Total Transfer From: $3,040,374 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT 4 OF $63,800,000 FOR VARIOUS PUBLIC FACILITIES AND 5 GENERALIMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of 7 general obligation public improvement bonds for various purposes in the maximum amount of $63,800,000, as 8 permitted by the City Charter, without submitting the question of their issuance to the qualified voters. 9 0 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 1 VIRGINIA: 12 1. That it is hereby determined to be necessary and expedient for the City to construct and improve 13 various public facilities and make general improvements, all of which will promote the public welfare of the City and its 14 inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs 15 thereof through the borrowing of up to $63,800,000 and issuing the City's general obligation bonds therefor. 16 17 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized 18 to be issued general obligation public improvement bonds of the City in the maximum amount of $63,800,000, to 19 provide funds, together with other funds that may be available, for various public improvement projects, including ?0 School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects, for project activities ?1 that include, but are not limited to, the following: preliminary studies and surveys, permit compliance, environmental ?2 assessment, planning, design, engineering, site acquisition, relocation of residents, utility relocation, construction, ?3 renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and support services, ?4 furniture and equipment, and contingencies. ?5 ?6 3. That the bonds may be issued as a separate issue at one time or in part from time to time or ?7 combined with bonds authorized for other purposes and sold as part of one or more combined issues of public ?8 improvement bonds. ?9 30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years 31 from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such 32 time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 33 34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if 35 any, and interest on which its full faith and credit shall be irrevocably pledged. 36 37 6 That upon recalculation the amount of general obligation public improvement bonds authorized by 38 City Council on May 9 2006 was incorrect. Although the City Council authorized the issuance of general obligation 39 public improvement bonds in the maximum amount of $63,800,000, the City was authorized to issue only $59,800,000 10 of general obligation public improvement bonds. Therefore the City shall issue no more than $59,800,000 of general 11 obligation public improvement bonds based on the May 9, 2006 authorization. 12 13 7 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 14 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 15 hereof through the date of the issuance of the Bonds. 16 17 8 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 18 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 9 6. That this ordinance shall be in full force and effective from its passage. Adopted by the Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007. Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ��4714� -- City Attorney's Office 1 2 3 4 5 6 7 8 9 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 48 49 50 51 52 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $18,793,000 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer system revenue bonds in the maximum amount of $18,793,000 for financing improvements and expansions to the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $18,793,000 and issuing the City's revenue bonds therefore. 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water and sewer system revenue bonds of the City in the maximum amount of $18,793,000 to provide funds, together with other available funds, for financing the costs of improvements and expansions to the System. 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not 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 country, city, town, or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer revenue obligations. 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the bonds. 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. That this ordinance shall be in full force and effect from its passage. Adopted by the Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007. Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT EA APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 1 AN ORDINANCE TO DIRECT THE PUBLIC WORKS DEPARTMENT TO 2 WORK WITH VDOT TO ADVANCE CONSTRUCTION OF CIP #2-121, 3 NIMMO PARKWAY -PHASE V-A (VDOT), AND #2-305, PRINCESS ANNE 4 ROAD -PHASE IV (FERRELL-PHASE II)(VDOT) AND REALLOCATE 5 $46,650,692 OF FUNDING FROM VARIOUS STATE ROADWAY 6 PROJECTS TO ALLOW ADVANCEMENT OF CONSTRUCTION 7 8 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 48 WHEREAS, in a recent analysis of congested local roadways, City Council identified projects, CIP #2-121, Nimmo Parkway -Phase V-A (VDOT), and #2-305, Princess Anne Road -Phase IV (Ferrell -Phase II) (VDOT), as the two most important projects to help alleviate congestion in the surrounding areas; WHEREAS, in an effort to advance the construction of these two projects, it will be necessary to increase their funding, with the source coming from other state projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Public Works Department is directed to work with the Virginia Department of Transportation to reallocate VDOT funding from five state projects listed below in order to advance the construction of CIP #2-121, Nimmo Parkway -Phase V-A (VDOT), and #2-305, Princess Anne Road -Phase IV (Ferrell -Phase II) (VDOT). 2. That $46,650,692 of funding within the Capital Improvement Program period is reallocated as shown below, to allow advancement of construction. Transfer To: FY 2008 FY 2009-2012 2-121 Nimmo Parkway -Phase V-A (VDOT) $2,000,106 $26,373,780 2-305 Princess Anne Road -Phase IV (Ferrell -Phase II) 539.876 17.737.020 Total $2,539.892 $44110.800 Transfer From: 2-152 Elbow Road Extended -Phase II (First Cities Project) $0 $1,226,586 2-256 Indian River Road -Phase VII (First Cities Project) 2,000,016 21,956,184 2-156 Laskin Road -Phase I (VDOT) 0 12,099,918 2-167 Lynnhaven Parkway -Phase XI (VDOT) 0 1,446,385 2-025 Witchduck Road -Phase II (First Cities Project) 539.876 7,381,727 Total $2.539 892 $44.110.800 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY (Managemerd Servic s City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving an Employment Contract for the City Manager MEETING DATE: May 15, 2007 ■ Background: City Charter § 4.01 provides that City Council shall appoint a City Manager to be the executive and administrative head of the City. The City's practice is to enter into a written agreement to set forth the terms and conditions of the City Manager's employment. The City's original agreement with the current City Manager, James K. Spore, began on November 25, 1991 and was renewed by the Council in 1996 and again in 2001. ■ Considerations: This ordinance approves an employment agreement between the City Manager and the City of Virginia Beach for three years, beginning (retroactively) on December 1, 2006 and ending on November 30, 2009. ■ Public Information: This item will be advertised in the same manner as all other agenda items. ■ Attachments: Ordinance, Redlined Employment Agreement Requested by City Council 1 AN ORDINANCE APPROVING AN EMPLOYMENT 2 CONTRACT FOR THE CITY MANAGER 3 WHEREAS, the most recent contract between the City and the 4 City Manager regarding his employment expired on November 30, 5 2006; and 6 WHEREAS, the parties desire to renew that contract with 7 certain amendments, to November 30, 2009. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH VIRGINIA: 11 That the employment contract between the City of Virginia 12 Beach and the City Manager, for the term of December 1, 2006 to 13 November 30, 2009, attached hereto, is approved and the Mayor is 14 authorized to execute the contract on behalf of the City. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia, on the day of , 2007. APPROVED AS TO LEGAL SUFFICIENCY � o City Attorney's Office CA10336 V:\applications\citylawprod\cycom32\Wpdocs\D006\P002\00029337.DOC March 6, 2007 R-1 EMPLOYMENT AGREEMENT This Agreement is entered into this day of , 2004-7 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as "City" and JAMES K. SPORE, hereinafter referred to as "Employee." WITNESSETH WHEREAS, by agreement dated November 12, 1991, the City of Virginia Beach employed James K. Spore as its City Manager for a term commencing November 25, 1991, and ending November 30, 1996; WHEREAS, by further agreement dated November 12, 1996, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing November 25, 1996 and ending November 30, 2001; WHEREAS by further agreement dated August 28 2001 the City of Virginia Beach continued the employment of James K Spore as its City Manager for a term commencing December 1 2001 and ending November 30, 2006; WHEREAS, the City wishes to continue the employment of James K. Spore as its City Manager; WHEREAS, James K. Spore agrees to accept such continued employment; and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I — Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. Article II — Term of Agreement (a) Except as otherwise provided herein, this Agreement shall commence December 1, 2004-6, and end November 30, 20069. (b) Except as provided by Article III, below, during the term hereof, Employee agrees to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate the Employee at any time; provided, however that such termination shall be in accordance with the provisions of Article III, below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided, however, that such resignation shall be in accordance with Article III, below. Article III — Termination and Resignation: Severance Pay (a) In the event the Employee is terminated by the City before the expiration of the term of this Agreement, he shall receive as severance pay an amount equal to twelve (12) months of his base salary. All other benefits hereunder shall cease as of the date of termination. However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all compensation by the City shall end as of the date of termination (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may, in its sole discretion waive any or all of this ninety (90) day notice requirement. (c) In the event the City, at any time during the employment of Employee, reduces the salary or other fringe benefits of Employee by a percentage greater than the percentage of any across-the-board reduction for all City employees, or refuses to comply with any other provisions of the Agreement benefiting Employee, or in the event Employee resigns following the request of a majority of the members of City Council that he resign; then Employee may, at his option, be deemed to have been "terminated", and shall receive severance pay in accordance with Article II of this Agreement. Article IV — Compensation This Agreement reflects the salary and benefits for Employee that were established by City Council in Ordinance # 2955N adopted on June 27 2006 This Agreement contemplates that the salary and benefits set forth herein may be adjusted by City Council annually, by ordinance. Begipining Deeember- 1; Z'2001, City Council agrees to pay Employee for services rendered pursuant hereto an annual gross salary of One Two Hundred Six -Seven Thousand Two Five Hundred Seventy Four Dollars and Eight Cents ($167AO49207.574.08), payable in installments at the same time and in the same manner as other City employees are paid. Such annual gross salary will be increased annually by ordinance in an amount no less than the average increase for all other City employees for the corresponding fiscal year unless Employee has received an unsatisfactory performance evaluation. In addition to the salary described above, the City agrees to contribute €iglu Twenty Thousand Five Hundr-'a Dollars ($538820,000) per year as deferred compensation, for the benefit of Employee, to the International City Management Retirement Corporation. This amount may be adiusted by City Council annually, by ordinance. Article V — Automobile Allowance In lieu of supplying a City -owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of Fire Hundr-ed One Thousand Dollars (500.081000.00) per month and in addition, Employee shall be reimbursed for business mileage at the same rate at which other City employees are reimbursed. Said sum for car allowance may be increased from time to time by action of the City Council. In consideration thereof, Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may be adjusted by City Council annually, by ordinance. Article Vl — Fringe Benefits (a) In addition to the Compensation set forth in Article IV and the Automobile Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical insurance coverage available to all City employees and to pay, on behalf of Employee, the total premium for family hospitalization and medical insurance, including vision and dental coverage as provided all other City employees. (b) Employee shall receive fringe benefits such as annual leave, sick leave, life insurance, hospitalization, Virginia Retirement System, etc. in accordance with existing City policies and ordinance as applicable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. (c) The City will 1)U up to Two Thousand Six Hundred Eight Four ($2,684) annually on behalf of the City Manager in premiums for lona term care insurance. This amount may be adjusted by City Council annually, by ordinance. Article VII — Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to satisfactorily perform the functions and duties of City Manager. Article VIII — Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national, regional, state, and local associations and organizations of a job-related nature and for travel and associated expenses of Employer to secure his attendance at professional meetings and conferences, as budgeted and approved by the City Council. Article IX — General Business Related Expenses Except as specifically provided in Articles V and VIII, the City agrees to reimburse Employee for job-related expenditures in accordance with existing City policy. Article X — Other Terms and Conditions of Employment (a) The City agrees to evaluate the performance of Employee at least once each year. All aspects of such evaluation shall be treated confidentially by the City and Employee subject to the provisions of the Freedom of Information Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment, as is provided to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided however, that should any such law or policy be so changed as to be inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply with such law or policy. (e) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (f) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (g) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed in its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, James K. Spore, has executed this Agreement, both the day and year first above written. CITY OF VIRGINIA BEACH BY Mayor BY James K. Spore K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT U CITY MANAGER'S BRIEFINGS: CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS A RESOURCE MANAGEMENT PLAN FY 2007-2008 Operating and Capital Budget V O II/IIU I CERTIFIED 10-0 DATE: May 8, 2007 Y Y Y Y Y M B Y L Y IV/V/ D C E L E D H C R A W PAGE: I S 1 E J L N U N I I E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D U CITY MANAGER'S BRIEFINGS: A RESOURCE MANAGEMENT PLAN FY 2007-2008 Operating and Capital Budget II/IIU CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y IV/V/ E F-1 MINUTES— May 1, 2007 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y G/H/1 PUBLIC HEARINGS ACQUISITION OF EASEMENTS 3 SPEAKERS a. Princess Anne/Kempsville Road Intersection b. Witchduck Road Phase I 2 SALE OF EXCESS PROPERTY NO SPEAKERS To US Fish and Wildlife Service 3 EXCHANGE OF CITY PROPERTY NO SPEAKERS Little Island Park- US Fish and Wildlife Service I/J/I Resolutiont o AUTHORIZE HRTA re imposition ADOPTED 8-2 A Y Y N Y N Y Y Y Y Y of specified fees/taxes for transportation 2 Resolution to AUTHORIZE VBDA issue ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y Refunding Bonds re Virginia Wesleyan College CONSENT 3 Resolution to REQUEST Commonwealth of ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y Virginiafund salaries for Va. Beach Court Service CONSENT Unit 4 Ordinance to AUTHORIZE acquisition at Salem ADOPTED, BY 9-0 A Y Y Y A Y Y Y Y Y Y Road from A.O.S. Properties, LLC, for CONSENT B $785,000 in support ofBRAC mitigation S requirements forSE Pkwy/numerous environmental/open space objectives T A I N E D CITY OF VIRGINIA BEACH Ordinance re U.S. Fish/Wildlife ADOPTED, BY 10-0 A Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Service/Sand bridge Safety Improvements: CONSENT DECLARE Excess Property/EXECUTE V DATE: May 8, 2007 0 I agreement for Exchange of Lands re realignment M B L D C E L PAGE: 2 E D H C R A W S I E J L N U N I Y AGENDA T E D N O A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N 0 R E S 0 p E E E E A R I V 0 O H L R Y S N F N A N D 5/a Ordinance re U.S. Fish/Wildlife ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y Service/Sand bridge Safety Improvements: CONSENT DECLARE Excess Property/EXECUTE agreement for Exchange of Lands re realignment of Sandpiper Road/ DIRECT City Manager to execute documents b SALE of EXCESS property at 3180 New Bridge ADOPTED, BY 9-1 A Y Y Y Y N Y Y Y Y Y Roadre expansion of Back Bay National Wildlife CONSENT Refuge/APPROPRIATE $500,000 to Open Space Site Acquisition Program 6/a Ordinances toAUTHORIZE acquisition of ADOPTED, BY 7-0 A Y Y Y Y A Y Y A Y A property/easements, by agreement or CONSENT B condemnation/AUTHORIZE reasonable offer to S persons having an interest to improve T transportation within the City for: A I Princess Anne Road/Kempsville Road N Intersection Improvements E D b Witchduck Road Improvenents ADOPTED, BY 7-0 A Y Y Y Y A Y Y A Y A CONSENT B S T A I N E D 7 Ordinance to AMEND Sections 36-96/36-172 of ADOPTED, AS 10-0 A Y Y Y Y Y Y Y Y Y Y City Code retaxicab reciprocity AMENDED 8 Ordinance to AUTHORIZE/EXECUTE a ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y Sponsorship Agreement re Third Annual CONSENT Patriotic FestivaVAUTHORIZE $200,000 grant/$50,000 loan $15,000 from TAP/require Patriotic Festival, LLC, to raise $400,000 in private sector funds 9/a Ordinances toAUTHORIZE temporary ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y encroachments into portions of City property: CONSENT GERALD TJJAN E. EDWARDS repier/boat lift/rip rap at 2313 Broad Bay Road (DISTRICT 5 — LYNNHAVEN) CITY OF VIRGINIA BEACH ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y re landscaping/subdivision sign/water conduit CONSENT electric service at Dewberry Lane (DISTRICT 1 V — CENTERVILLE) I M THE FUTURA GROUP, LLC, re pier/return L 10-0 A DATE: May 8, 2007 Y Y Y Y Y C JE Y L wall at 2072-2074 Tazewell Road (DISTRICT 4 CONSENT D E D H C A WPAGE: — BAYSIDE) S I E J N IT 3 E D N 0 A Y U L WAGENDA Y E Z Y L N N E S OITEM # SUBJECT MOTION VOTE p E E E E A V O OH L R Y S N A N D 10 11 /a K/1 DEWBERRY FARM COMMUNITY ASSOC ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y re landscaping/subdivision sign/water conduit CONSENT electric service at Dewberry Lane (DISTRICT 1 — CENTERVILLE) THE FUTURA GROUP, LLC, re pier/return ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y wall at 2072-2074 Tazewell Road (DISTRICT 4 CONSENT — BAYSIDE) Ordinance toAUTHORIZE City Treasurer ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y retain OSI Collection Service; Inc. to collect CONSENT delinquent personal property taxesin the amount of $8 -Million Ordinances to APPROPRIATE interest-free ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y loans re new ambulances CONSENT $70,000 to Plaza Volunteer Rescue Squad $85,000 to Princess Anne Courthouse Volunteer ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y Rescue Squad CONSENT $100,000 to the Sandbridge Volunteer Rescue ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y CONSENT Variance to §4.4(b) of Subdivision Ordinance that all lots meet requirements of CZO for AUTHORIZED/ 10-0 A Y Y Y Y Y Y Y Y Y Y ALBERTA/SCOTT WINTERSat 1985 Pleasant CONDITIONED, Ridge Road (DISTRICT 7— PRINCESS BY CONSENT ANNE) CENTERVILLE BP, INC Modilicationof MODIFIED/ 10-0 A Y Y Y Y Y Y Y Y Y Y Conditionsto remove car wash/service CONDITIONED, kiosk/replace with convenience store (approved BY CONSENT on September 14, 1987) (DISTRICT (— CENTERVILLE) ALEX WOLCOTTExpansianofa ALLOWED 10-0 A Y Y Y Y Y Y Y Y Y Y Nonconforming Use to renovate existing two WITH story single-family structure/twostory building CONDITIONS, with four apartments, at 405 23' Street BY CONSENT (DISTRICT 6- BEACH) CONCUT I, LLC, CUP re bulk storage of ADOPTED/CON- 10-0 A Y Y Y Y Y Y Y Y Y Y vehicles at 535 London Bridge Road (DISTRICT DITIONED, BY 6 — BEACH) CONSENT CKC PROPERTIES, LLC CUP re pier at ADOPTED/CON- 10-0 A Y Y Y Y Y Y Y Y Y Y 2533 Virginia Beach Boulevard (DISTRICT 6- DITIONED, BY BEACH) I CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: May 8, 2007 PAGE: 4 AGENDA ITEM # SUBJECT 6 DFI-VIRGINIA BEACH BLVD, LLC CUP re pier at 2529 Virginia Beach Boulevard (DISTRICT 6— BEACH) ADOPTED/CON- DITIONED, BY CONSENT 10-0 A Y Y Y Y V Y Y Y Y Y 7 O ADOPTEDAS PROFFERED, BY CONSENT I A Y Y Y Y Y Y Y M B L Y Y L D C E L E D H Appointed— 3 yrs 5/9/07-3/31/110 C R Y A W Y Y S I Y E J L N U N I T E D N O A D H U L W MOTION VOTE E p Z E Y E L E N E N O R E S O Joanne (Jen) A R I V O O H L R Y S N F N A N D 6 DFI-VIRGINIA BEACH BLVD, LLC CUP re pier at 2529 Virginia Beach Boulevard (DISTRICT 6— BEACH) ADOPTED/CON- DITIONED, BY CONSENT 10-0 A Y Y Y Y Y Y Y Y Y Y 7 WINDSOR OAKS WEST PARCEL 3, LLC, CoZ from B-2 to Conditional A18 at 4392 Holland Road (DISTRICT 3-- ROSE HALL) ADOPTEDAS PROFFERED, BY CONSENT 10-0 A Y Y Y Y Y Y Y Y Y Y L APPOINTMENTS HEALTH SERVICES ADVISORY BOARD Appointed— 3 yrs 5/9/07-3/31/110 10-0 A Y Y Y Y Y Y Y Y Y Y Susan D. Vierra MINORITY BUSINESS COUNCIL Appointed 2 yrs 6/1/07-5/31/09 10-0 A Y Y Y Y Y Y Y Y Y Y Joanne (Jen) Nieves M/N/ O ADJOURNMENT 8:08 PM CITYWIDE TOWN MEETINGS June 19 Convention Center -7:15 pm September 18 Location To Be Announced -7:15 pm November 20 Green Run Homeowners Association Bldg. -7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE May 15 (Adoption) Council Chamber at 6:00 p.m.