APRIL 16, 1973
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA.
April 16, 1973
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The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers in the Administration
Building in the Borough of Princess Anne, on Monday, April 16, 1973,
at 2:00 p.m.
The invocation was given by the Reverend Malcolm L. Yaple, Saint
Andrews Methodist Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis .Payne, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Councilman absent: Mayor Robert B. Cromwell, Jr.
ITEM #5750
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On motion by Councilman Ferrell, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray ~falbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the Minutes of the Regular Meeting of April 9,
1973, and the reading of said Minutes dispensed with inasmuch as
each Councilman had a copy of the subject"minutes before him.
ITEM #5751
In accordance with a public notice duly advertised in a newspaper of
general circulation, City Council held a public hearing on the proposed
budget for the City of Virginia Beach, for the Fiscal Year beginning
July 1, 1973 and ending June 30, 1974; and indicated their intention
to hold a briefing session at 7:30 p.m. on Thursday, April 19, 1973,
for a review of the budget as submitted by the City Manager
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ITIJ1 It 5752
App 1 i cati on of Frank P. Sri er fOt' 11 ~.h~'l!lJ..~. 2.f.. !<:::d !It'J from r.C$ i dence ~ublJrban
District 3 (R-S 3) to Limited Comri10rclid District I (C-L 1) on certaln nroperty
bc9inning at a point 300 feet more or 10ss Hest of Kempsville Road, and 300
feet more or less South of Indian River f;oad, runninl] a distance of 3no feet
more or less along the Southern pro!1erty line, running a distance of 515 feet
more or less along the Western property line, running a distance of 110 feet
mor-e or- less along the Northern property line and running a distance of 520
feet more or less along the Eastern property line. (l3onney.s Corner Area).
KEHPSVILLE BOROUGH.
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Planning Commission Recomnendation:
A motion by the Planning COl11nission was passed for approval of this request
subject to the following:
1'. Standard site plan requirements to include pavement Nidening, curb
and gutter, s i dc\;a 1 k and storm drai ns as necessary along lndi an Ri ver Road;
protective concrete standard CG-2 required along perimeter of paved parking
areas. (Engineer-ing)
2. City water and sewer. (Health Deoartment)
Mr. Frank P. Grier appeared on behalf of his own application.
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Hayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the above application of Frank P. Grier for a
Change of Zoning from Residence Suburban District 3 (R-S 3) to Limited
CommercIal DIstrict 1 (C-L 1) on certain property beginning at a point
300 feet more or less West of Kempsville Road, and 300 feet more or less
South of Indian River Road, running a distance of 300 feet more or less
along the Southern property line, running a distance of 515 feet more or
less along the Western property line, running a distance of 110 feet
more or less along the Northern property line and running a distance of
520 feet more or less along the Eastern property line. (Bonney's Corner
Area). KEMPSVILLE BOROUGH. Approval of this application is subject to
the following stipulations:
1. Standard site plan requirements to include pavement widen-
ing, curb and gutter, sidewalk and storm drains as necessary
along Indian River Road; protective concrete standard CG-2
required along perimeter of paved parking areas. (Engineering)
2. Ci ty water and sewer. (Heal th Department)
ITEM #5753
Application of J. D. Baker for a Use Permit to stable two horses on certain
property located on the Horth sideof-;:orlnandy Avenue beginning at a point
WI 562.3 feet more or less East of Avalon Avenue, running a distance of 249.6 feet
along the rJorth side of nonnundy Avenue, running a distance of 965.4 feet
along the Eastern property line, runninq a distance of 190 feet more or less
along the Northern property line (Eastern Dranch of Elizabeth River) and runn-
ing a distance of 879.85 feet along the \:estern propel"ty line. Said parcel
;s known as Part of Tract 16, Avalon Ter-race and contains 4.65 acres more or
less. (Avalon Terrace Area). KEi1PSVILLE DOROUGH.
Planning Commission Recommendation:
A"motion by the P1anninq Commission was passed to deny this request due to
opposition of the residents of the area.
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Mr. Roger Frailey appeared on behalf of the applicant.
Mr. Fred V. Wood appeared in opposition to the above application.
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Ma1bon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council denied the above applic~tion of J. D. Baker for a Use
Permit to stable two horses on certaIn property located on the North
side of Normandy Avenue beginning at a point 562.3 feet more or less
East of Avalon Avenue, running a distance of 249.6 feet along the
North side of Normandy Avenue, running a distance of 965.4 feet along
the Eastern property line, running a distance of 190 f~et more ?r less
along the Northern property line (Eastern Branch of ElIzabeth RIve~)
and running a distance of 879.86 feet along the Western property lIne.
Said parcel is known as Part of Tract 16, Avalon Terrace and contains
4.65 acres more or less. (Avalon Terrace Area). KEMPSVILLE BOROUGH.
ITEM #5754
Application of Harvey W. Ginn by Andrew S. Fine, Attorney, for a Change of
Zon;n~ from Multiple Family Residence District (R-3) and Retail Business
District (B-1) to General Business District (B-2) and a Use Permit for the
dispensing of gasoline (proposed Tinee Giant) on certain property located on
the Southwest corner of Norfolk Avenue and Cypress Avenue.
Parcell: Change of zoning from R-3 and B-1 to B-2: On certain property
located at the Southwest corner of Cypress Avenue and Norfolk J\venue, running
a distance of 70.23 feet along the ~~cst side of Cypress Avenue, running a
distance of 223.70 feet along the Northern property line of which 133.70 feet
is the South side of Norfolk Avenue and 90 feet is the South side of unimproved
street (formerly 14th Street), running a distance of 100 feet along the ~:estern
property line and running a distance of 210 feet along the Southern property
line. Said parcel is known as Lots 2, 4, 6, 8, 10, 12, and 14, Block 52,
Shadow Lawn Heights and contains 0.45 acres more or less.
Parcel 2: Use Permit for dispensing of gasoline (proposed Tinee Giant): On
certain property located on the Southwest corner of Cypress Avenue and Norfolk
Avenue, running a distance of 70.23 feet along the \'~cst side of Cypress Avenue,
running a distance of 123."63 feet along the South side of Norfolk Avenue, runn-
ing a distance of 100 feet along the \'!estern property line and running a dis-
tance of 120 feet along the Southern property line. Said parcel is known as
Lots 2, 4, 6, and 8, Block 52, Shadm.,r la\'n1 Hei ghts and contai ns 10,300 square
feet more or less. (Shadow Lawn Heights Area). VIRGINIA BEt'Cfi BOROUGH.
Planning Commission Recrnnmendation:
The motion by the Planning Commission was passed for denial of this request
due to the opposition of the residents of the area. The proposed zoning
change is in conflict \'Jith the Beach Borough Development Study ~/hich
reCOlmlcnds a residential use of the area (1-6 dwelling units per acre).
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~lr. Andrew fine appeared on he~alf of the applicant requesting with-
drawal of the above application.
On motion by Councilman Callis, seconded by Councilman Ma1bon, and
by rccorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr,., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
"1 Absent: Mayor Robert B . Cromwell, Jr.
City Council approved the withdrawal of the above application of Harvey
W. Ginn for a Change of Zoning from Multiple Family Residence District
(R-3) and Retail Business District (B-1) to General Business District
(B-2) and a Use Permit for the dispensing of gasoline (proposed Tinee
Giant) on certain property located on the Southwest corner of Norfolk
Avenue and Cypress Avenue.
ITEM #5755
Application of Joseph V. Anderson for a Ch:mqe of Zoning from Residence
Suburban District 4 (R-S 4) to Limited Co~m~rciar District 3 (C-L 3) on cer-
tain property located on the South side of Princess Anne Road beginning at a
point 650 feet more or less Hest of Kempsville Road, running a distance of
961 . 89 f~et along the tlorthern property 1 i ne of whi ch 402.51 feet is the South
side of Princess Anne Road, running a distance of 259.76 feet along the Eastern
property line, running a distnncc of 890.18 feet along the Southern property
line (Norfolk and Southern Railroad Right of Hay) and running a distance of
701.90 feet along the Western property line. Said parcel contains 7.562
acres.' (Kempsville-Fairfield, Section 5 Areas). KHiPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Comnission was passed for denial of this request
as the proposed zoni ng confl i cts \"/i th the Kempsvi 11 e Development Study
which proposes a im'l residential use of this property {1 to 6 dwelling units
per acre}.
Mr. Jack Schmidt appear~d on behalf of the applicant.
Mr. Patrick L. Standing appeared on behalf of the applicant.
Mr. Lloyd Warrington appeared on behalf of the applicant.
Mrs. Cecily Macdonald appeared in favor of the above application.
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the above application of Joseph V. Anderson for
a Change of Zoning from Residence Suburban District 4 (R-S 4) to
Limited Commercial District 3 (C-L 3) on certain property located on
the South side of Princess Anne Road beginning at a point 650 feet
more or less West of Kempsville Road, running a distance of 961.89
feet along the Northern property line of which 402.51 feet is the
South side of Princess Anne Road, running a distance of 259.76 feet
along thc Eastern property line, running a distance of 890.18 feet
along the Southern property line (Norfolk and Southern Railroad Right
of Way) and running a distance of 701.90 feet along the Western pro-
perty line. Said parcel contains 7.562 acres. (Kempsville-Fairfield,
Section 5 Areas). KmlPSVILLE BOROUGH. Approval of this application
is subject to the following stipulations,:
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Water and sewer line fees are required.
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Standard site plan requirements.
SO-foot easement along the existing canal.
20-foot drainage easement along the Norfolk and South-
ern Railroad right-of-way.
City water and sewer as required by the Health Department.
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ITEH #5756
Ap 1ication of Henry J. Bailey and Betty ~. Baney by Gro~~r C. Wright~ J~.,
At~orney, for a Ch~~ pi Z?n) !~0.. from Res 1 dl?nce S~burbi1n [Jl stri ct 3d (R t S t~~
to limited Commercla'l Distrlct 3 (C-l 3) on ccrtaln property !ocat~ a
North\lfest intersection of Newtovffi Road'lHayg001d RO~? a~~ ~~l~~~:no~o~~~~~~,
running a distance of 141 feet more or ess a ong ne I, r
d nin a distance of 14,0 feet more or less along the \'Jest side of
n~a ~o~u~oad: running a distance of 293.15 feet along the Horthe~n property
yg and runnin a distance of 210 feet more or less along the l'iestern pro-
~~~~y line. Sai~ parcel is known as 1061 Newtown Road and contains 1.22 acres.
(Aragona Village Area). BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
l' ~~;~~a~~n~i~:e~l~~q~~~~~~em~~~~l~~ ~~~~~~~e~~vement widening, curb
and gutter, sidewalk and stonn drains as necessary along Newtown(Road-HaY~Ood)
Road' parking lot shall be paved and concrete curbs installed. Engineerlng
'3. City water and sewer. (Health Department)
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Mr. Grover Wright appe~red on behalf of the applicant.
On motion by Councilman Holland, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Hayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Hayor Robert B. Cromwell, Jr.
City Council approved the above application of Henry J. Bailey and
Betty L. Bailey, for a Change of Zoning from Residence Suburban
District 3 (R-S 3) to Limited Commercial District 3 (C-L 3) on cer-
tain property located at the Northwest intersection of Newtown Road,
Haygood Road and Sullivan Boulevard, running a distance of 141 feet
more or less along the North side of Newtown Road, running a distance
of 140 feet more or less along the Nest side of Haygood Road, running
a distance of 293.15 feet along the Northern property line, and run-
ning a distance of 210 feet more or less along the Western property
line. Said parcel is known as 1061 Newtown Road and contains 1.22
'.1 acres. (Aragona Village Area). BAYS IDE BOROUGH. Approval of this
application is subject to the following applications:
1. Water line fees required. (Public Utilities)
2. Standard site plan requirements to include pavement
widening, curb and gutter, sidewalk and storm drains
as necessary along Newtown Road-Haygood Road; parking
lot shall be paved and concrete curbs installed.
(Engineering)
3. City water and sewer. (Health Department)
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ITEM #5757
r,pplication of Hassell E. Perrell for a Ch.w;~:' ')f Zcn1nn fron Residence
Duplex District 1 (R-D 1) to l1ultiple Fd~iT'iy-.'_;H:"sTd0nce fiistrict (R-f1) d.nd a
Use Permit to construct 88 apartmc'nt units on cL~rt.ain proporty locatt~d on the
"East side of Pl easure House Road !Jerri nn; ng at 0. !loi nt 400 feet more or 1 ess
South of North Greenwell Road, and across fro;:! Old Harris Lane, running a
distance of 273.25 feet along the East side of Pleasure House Road, running
a distance of 768 feet along the r:orthern property line, running a distance
of 273.2~ feet along the Eastern property line and running a distance of 763
feet along the Southern property line. Said parcel contains 4.8 acres.
(I3radford Terrace Area). BP\YSIDE BOROUGH.
Planning Comrnission Recommendation:
A motion by the Planning Conmission was passed to approve this application
subject to the following:
1. A modification from the requested density of 88 apar~~nt units to
60 apartment units.
2. Consideration shall be given to selective tree clearing with intent
of maintaining a screen for surrounding land uses. (Planning)
3. Water and sewer line fees required. (Public Utilities)
4. Standard site plan requirements shall include pavement widening of
21 feet from centerline of existing pavement on Pleasure House Road \'1ith
curb and gutter, sidewalks and stann drains as necessary. (Engineering)
5. City water and S(Mer. (Health Department)
6. Recommend a minimum of 15% of total acreage be provided and developed
by developers for active recreation. (Department of Parks and Recreation)
7. Suggest participation in school site acquisition.
Mr. Owen Pickett appeared on behalf of the applicant.
On motion by Councilman Holland, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
'-1 D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor ROQert B. Cromwell, Jr.
City Council approved the above application of Hassell E. Perrell for
a Change of Zoning from Residence Duplex District 1 (R-D 1) to Multiple
Fami~y Residence District (R-H) and a Use Permit to construct 88 apart-
ment units on certain property located on the East side of Pleasure
House Road beginning at a point 400 feet more or less South of North
Greenwell Road, and across from Old Harris Lane, runni~g a distance of
273.25 feet along the East side of Pleasure House Road, running a dis-
tance of 768 feet along the Northern property line, running a distance
of 273.25 feet along the Eastern property line and running a distance
of 768 feet along the Southern property line. Said parcel contains
4.8 acres. (Bradford Terrace Area). BAYSIDE BOROUGH. Approval of
this application is subject to the following stipulations:
A modification from the requested density of 88 apart-
ment units to 60 apartment units.
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Consideration shall be given to selective tree clearing
with intent of maintaining a screen for surrounding land
uses. (Planning)
Water and sewer line fees required. (Public Utilities)
Standard site plan requirements shall include pavement
widening of 21 feet from centerline of existing pavement
on Pleasure House Road with curb and gutter, sidewalks
and storm drains as necessary. (Engineering)
S. City water and sewer. (Health Department)
6. Recommend a minimum of 15% of total acreage be provided
and developed by developers for active recreation.
(Department of Parks and Recreation)
7. Suggest participation in school site acquisition.
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ITEJ\1 # 5758
Application of Hassell E. Perrell for a ~h"m~0 21. Zonin9.. from Residence Suburban
District 4 (R-S 4) to i'Il11tiple Family Pesid'~rw~ District (R-~1) and a Use Permit
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to construct 24 additional apartment units, totaling 66 units on certaln property
beginning at a point 850 feet more or less north of Shore Drive at Old Harris
lane and the Hest side of Pleasure Bouse Road:
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Parcell: Change of zoning from R-S 4 to R-r1: Beginning at a point 480 feet
West of Pleasure House Road, at Old Harris Lane and 850 feet more or less North
of Shore Drive, running a distance of 323 feet more or less along the Southern
property line, running a distance of 122 feet along the Western property line,
and running a distance of 375 feet along the florthern property line and running
a distance of 270 feet along the Eastern property line. Said parcel contains
1.025 acres.
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Parcel 2: Use Permit to construct 24 additional apartment units, totaling 66
units on certain property beginning at a point 850 feet more or less North
of Shore Drive at Old Harris Lane and running a distance of 250 feet along the
West side of Pleasure House Road, running a distance of 805 feet more or less
along the Southern property line (Old Harris Lane), running a distance of 122
feet along the t~estern property line and running a distance of 875 feet along
the Northern pt'operty line. Said parcel contains 4.5 acres more or less.
(Chesapeake Oeach-Bradford Terrace Areas). BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion by Planning Commission was passed for approval of this request subject
to the following:
1. A modification from the requested density from 24 additional apartment
units, totaling 54 units, for a density of 12 dwelling units per acre.
(Planning)
2. Water and sewer line fees required. (Publit Utilities)
3. Standard site plan requirements. (Engineering)
4. City water and se~'/er. (H(?alth Department)
5. Recommend that 15% of the 4.5 acres be provided and developed for
active recreation. ([~partment of Parks and Recreation)
6. Suggest participation in school site acquisition.
Mr. O~en Pickett appeared on behalf of.the applicant.
Mr. Donald H. Clark, on behalf of Mr. and Mrs. Walker, requested that
the ~pplicant be required to improve Old Harris Road.
On motion by Councilman Baum, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray ~1albon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cro~well, Jr.
City Council deferred for thirty (30) days the above application of
Hassell E. Perrell for a Change of Zoning from Residence Suburban
District 4 (R-S 4) to Multiple Family Residence District (R-H) and
a Use Permit to construct 24 additional apartment units, totaling
66 units on certain property beginning at a point 850 feet more or
less North of Shore Drive a Old Harris Lane and the West side of
Pleasure House Road.
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ITEM #5759
Apnlication of t~a1ke Farm Assoc., for a r.r~2'n"'e of Zoning from Rural Residence
District (R-R 1) to Residence Suburban Dfs1~~'lct21R-~ 21 on certain property
located on the rio)"th side of ~'lishart ROud llcross from Donation' Drive, running
a distance of 1400 feet more or less along the North side of Uishart Road,
running a distance of 1715 feet more or less along the Western property line,
running a distance of 750 feet more or less along the northern property line and
running a distance of 2135 feet more or less along the Eastern property line.
Plats with more detailed information are available in the Department of Planning.
Said parcel contains 45 acres ~~re or less. (W1tchduck Point Area). BAYSIDE
."1 BOROUGH.
, I Planning Corrrn1ssion RecOITITIendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. A modification of the requested change of zoning from R-R 1 to R-S 2
and R-R 3a as shown on plat sU~uitted by the applicant on March 13, 1973 and
made a part of the file.
2. Due to soil conditions in the area, the natural drainage outfall shall
be identified and resoectcd to control erosion and sedimentation; no building
and only minor clearing shall occur between the water line and the top of the
bank; the line delineating the top of the bank shall be designated on the
subdivision plat '</hen submitted to Planning DepartInent for approval. (Planning
Department)
3. Hater and sevier line fees required. (Public Utilities)
4. Standard subdivision requirements. (Engineering)
5. Dedication of right of way 30 feet from centerline of the existing
3D-foot ri ght of "lay along the 1400 foot more or 1 ess frontage on l.Ji shart
Road 05-foot dedicatton). (Real Estate).
6. City water and sewer. (Health Department)
7. Recreation requirement shall he in accordance with Subdivision
Regulations. (Department of Parks and Recreation)
8. Suggest participation in school site acquisition.
9. This site contains so~e highly erodible soils on steep slopes around
a lake now \~ooded. Contour map has no contours shown between 10 and 20 feet.
Top of the bank should be shO\'!n on the plat (appears to be about the 15 foot
contour) and the slopes below this left in trees or otherwise protected to
prevent erosion of the bank and siltation of the watervlays and lake below.
(Soil Conservation) "",. -.--___
Mr. Patrick L. Startding ippeared on behalf of the appll~ant.
Mr. Henry T. Keeling appeared in favor of the above application.
Mrs. June H. Myers, President of the Witchduck Civic League, appeared
in favor of the above application.
On motion by Councilman Holland, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Ma1bon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
"1 Absent: Mayor Robert B. CromHell, Jr.
City Council approved the above application of Walke Farm Assoc., for
a Change of Zoning from Rural Residence District (R-R 1) to Residence
Suburban District 2 (R-S 2) on certain property located on the North
side of Wishart Road across from Donation Drive, running a distance of
1400 feet more or less along the North side of Wishart Road, running a
dist~nce of 1715 feet more or less along the Western property line,
runnIng a distance of 750 feet more or less along the Northern property
line and running a distance of 2135 feet morc or loss along the Eastern
p.roperty 1 ine . PI a ts wi th more d eta i1ed j nforma t ion a ro ava i 1 ab loin
the Department of Planning. Said parcel contains 45 acres more or less.
(Witchduck Point Area). BAYSIDE BOROUGli. Approval of this application
is subject to the following stipulation~:
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1. A modification of the requested change of zoning from
R-R 1 to R-S 2 and R-R 3a as shown on plat submitted by
the applicant on March 13, 1973 and made a part of the
file.
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2. Due to soil conditions in the area, the natural drainage
outfall shall be identified and respected to control
erosion and sedimentation; no buildIng and only minor
clearing shall occur between the water line and the top
of the bank; the line delineating the top of the bank
shall be designated on the subdivision plat when sub-
mitted to Planning Department for approval. (Planning
Department) ,
3. Water and sewer line fees required. (Public Utilities)
4. Standard subdivision requirements. (Engineering)
5. Dedication of right of way 30 feet from centerline of the
existing 30-foot right of way along the 1400 foot more or
less frontage on Wishart Road (IS-foot dedication). (Real
Estate).
6. City water and sewer. (Health Department)
7. Recreation requirement shall be in accordance with Sub-
division Regulations. (Department of Parks and Recreation)
8. Suggest participation in school site acquisition.
9. This site contains some highly erodible soils on steep
slopes around a lake now wooded.. Contour map has no con-
tours shown between 10 and 20 feet. Top of the bank should
be shown on the plat (appears to be about the 15 foot con-
tour) and the slopes below this left in trees or otherwise
protected to prevent erosion of the bank and siltation of
the waterways and lake below. (Soil Conservation)
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ITEM #5760
Application of Marion R. Ennis for a Chanae of Zonin~ from Residence Duplex
District 2 (R-D 2) to Limited Comnlerclal District 3 C-L 3) on certain property
located at the North\~st corner of Hilltop Road and Laskin Road running a dis-
tance of 101.60 feet along the i'Jest side of Hilltop Road, running a distance
of 114.93 feet along the North side of Laskin Road, running a distance of
110.43 feet along the Western property line and running a distance of 105.76
feet along the Northern property line. Said parcel is knovm as Lot 6, Block
X, Hilltop ~lanor. (Hilltop f.1anor Area). LVilNHAVEN BOROUGH.
Planning COl1ll1ission Reconmendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. Screenery shall be required on property bordering the residential
district. (Planning)
2. Standard site plan requirements to include pavement widening, curb
and gutter, sidewalks and storm drains as necessary along Laskin Road and
Hi 11 top Road. (Engi neeri ng)
3. City "later and se\'1er. (Health Department)
4. Building shall comply with building code for commercial district.
(Zoning Administrator)
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Mr. John B. James, Attorney, appeared on behalf of the applicant.
On motion by Councilman Malbon, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Hurray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
.....1
Absent: Mayor Robert B. Crom\vel1, Jr.
. i
City Council approved the above application of Marion R. Ennis for a
Change of Zoning from Residence Duplex District 2 (R-D 2) to Limited
Commercial District 3 (C-L 3) on certain property located at the North-
west corner of Hilltop Road and Laskin Road running a distance of 101.60
feet along the West side of Hilltop Road, running a distance of 114.93
feet along the North side of Laskin Road, running a distance of 110.43
feet along the Western property line and running a distance of 105.76
feet along the Northern property line. Said parcel is known as Lot 6,
Block X, Hilltop Manor (Hilltop Manor Area). LYNNHAVEN BOROUGH.
Approval of this application is subject to the following stipulations:
1. Screenery shall be required on property bordering the
residential district. (Planning)
2. Standard site plan requirements to include navement widen-
ing, curb and gutter, sidewalks and storm drains as necessary
along Laskin Road and Hilltop Road. (Engineering)
3. City water and sewer.
(Health Department)
4. Building shall comply with building code for commercial
district. (Zoning Administrator)
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ITE'l #5761
Application of Harn1e E. Conley for a ChiU1ile of Zonino from Rr:>s1dence Duplex
District 2 (R-D 2) to r,1ultinle Family n;-;sidenceTHstrlct (R-n) on certain pro-
perty beginning at a point G52 feet more or less 1:orth of Ships Corner road,
running a distance of 166.7 feet along the Hest side of Holland Road, running
a distance of 1471.57 feet along the northern property line, running a dis-
tance of 170.39 feet along the Western property line and running a distance
of 1356.16 feet along the Southern property line. Said parcel contains 5.05
acres, (Ships Corner Area). PRINCESS ANriE BOROUGH.
Planning Commission Recommendation:
".1
A motion by the Planning Commission was passed to deny this request as the
, I proposed zoning is in confl i ct \'iith the Li ttle tleck-Lynnhaven Development
Plan \~hich recommends agricultural use of this property.
On motion by Councilman Payne, seconded by Councilman- Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council denied the above application of Warnie E. Conley for a
Change of Zoning from Residence Duplex District 2 (R-D 2) to Multiple
Family Residence District (R-~1) on certain property beginning at a
point 652 feet more,or less North of Ships Corner Road, running a dis-
tance of 166.7 feet along the West side of Holland Road, running a
distance of 1471.57 feet along the Northern property line, running a
distance of 170.39 feet along the Western property line and running a
distance of 1356.16 feet along the Southern property line. Said parcel
contains 5.05 acres. (Ships Corner Area). PRINCESS ANNE BOROUGH.
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ITEM 1t5762
11.
Application of Virginia Beach Festival Park ltu., DY Frank l3utler, Attorney,
for Changes of Zoning from ResidenCf~ Suburban District 3 (R-S 3), f'1ultiple
Famny ResTdence District (R-t.1) and limited COI;1f.lcrcial District 3 (C-L 3) to
General Commercial District 3 (C-G 3) and a Use Permit to operate an amusement
park and parking lot on certain property located East of Birdneck Road, South
of the Vi rgi ni a Beach-norfolk Express\'IaY, 'rJest of Parks Avenue and North of
Virginia Beach Boulevard. Said parcel contains 54.84 acres. Plats with more
detailed information are available in the Office of the Department of Planning.
(LYNNHAVEN BOROUGH)
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Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. City water and sewer. (Health)
2. Water and sewer line fees required. (Public Utilities)
3. A dedication of right of way 45 feet from the center line of the existing
60-foot right of way along the frontage on Birdneck Road (15-foot dedication);
and a dedication of right of way 45 feet from the centerline of the existing
80-foot ri9ht of way along the frontage on Virginia Beach Boulevard (5-foot
dedication). (Real Estate)
4. Standard site plan requirements to include:
a. The main entrance off Birdneck Road shall be located 1n the area
shown for commercial development.
b. The entrance to the east shall be located off Parks Avenue, the
exact location of said entrance will be determined during site plan review.
c. It is recommended that a right turn pocket be provided adjacent
to the eastbound lane on the Virginia Beach-Norfolk Expressway.
d. Parks Avenue shall be improved as required by the Director of
Community Services.
e. Any traffic si9nalizat10~ that is deemed necessary by the City
.' I Engineer shall be paid for by the developer.
f. Unless existing traffic requirements warrant the immediate improve-
ment of 19th Street for one-half its width, said improvements can be made in
conjunction with Phase 2 construction.
g. Additional access may be required from Virginia Beach Boulevard in
conjunction \'/ith the development of Phase 2.
h. An emergency exit (breakaway gate) shall be provided at the inter-
section of 19th Street and Jefferson Avenue.
1. Drainage passing through this site shall be suitably routed via
enc10sed storm drains or combination of storm drains and lake system; all
drainage shall be sized to handle expected future runoff. (Engineering and
Planning)
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Mr. Frank Butler, Attorney, appeared on behalf of the applicant.
On motion by Councilman Ma1bon, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes,' and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the above application of Virginia Beach Festival
Park Ltd., for Changes of Zoning from Residence Suburban District 3
(R-S 3), Multiple Family Resldence District (R-M) and Limited Commercial
District 3 (C-L 3) to General Commercial District 3 (C-G 3) and a Use
Permit to operate an amusement park and parking lot on certain property
located East of Birdneck Road, South of the Virginia Beach-Norfolk
Expressway, West of Parks Avenue and North of Virginia Beach Boulevard.
Said parcel contains 54.84 acres. Plats with more detailed information
are available in the Office of the Department of Planning. LYNNHAVEN
BOROUGH. Approval of this application is subject to the following
stipulations:
1. City water and sewer.
(Health)
2. Water and sewer line fees required.
(Public Utilities)
3. A dedication of right of way 45 feet from the center line
of the existing 60-foot right of way along the frontage on
Birdneck Road (IS-foot dedication); and a dedication of
right of way 45 feet from the center line of the existing
.SO-foot right of way along the frontage on Virginia Beach
Boulevard (5-foot dedication). (Real Estate)
4. Standard site plan requirements to include:
a. The main entrance off Birdneck Road shall be
located in the area shown for commercial develop-
ment.
b. The entrance to the east shall be located off Parks
Avenue, the exact location of said entrance will be
determined during site plan review.
c. It is recommended that a right turn pocket be pro-
vided adjacent to the eastbound lane on the Virginia
Beach-Norfolk ExpressKay.
d. Parks Avenue shall be improved as required by the
Director of Community Services.
e. Any traffic signalization that is deemed necessary
by the City Engineer shall be paid for by the developer.
f. Unless existing traffic requirements warrant the
immediate improvement of 19th Street for one-half its
width, said improvements can be made in conjunction
with Phase 2 construction.
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g. Additional access may be required from Virginia Beach
Boulevard in conjunction with the development of Phase
2 .
h. An emergency exit (breakaway gate) shall be provided
at the intersection of 19th Street and Jefferson Avenue.
i. Drainage passing through this site shall be suitably
routed via enclosed storm drains or combination of
storm drains and lake system; all drainage shall be
sized to handle expected future runoff. (Engineering
and Planning)
j. The applicant's agreement to provide a tram system,
for example four-SO capacity or eight-25 capacity
trams, to off-set the lack of 400 parking spaces.
; I II
I THf # 5763
Mr. Sam Houston, Sr., on behalf of the Council of Civic Organizations,
requested City Council to reconsider the application of Jack H. Harris
and Albert Lee Bonney, Jr. for a Change of Zoning and a Use Permit,
previously approved on April 9, 1973.
Vice Mayor Ervin, Acting Chairman, abstained from any participation ln
. discussion or voting relative to the subject application and turned the
chair over to Councilman Rhodes to preside over this matter.
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Councilman Rhodes indicated that he would entertain a motion for re-
consideration. There being no motion, the application of Jack H. Harris
and Albert Lee Bonney, Jr. was not reconsidered.
ITEM #5764
Mr. R. W. Chaplain and Mr. Edward T. Brogan appeared before City Council
regarding the proposed water contract between the City of Virginia Beach
and the City of Norfolk.
On motion by Councilman Ferrell, seconded by Councilman Callis, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council deferred consideration of the proposed water contract
~ between the City of Virginia Beach and the City of Norfolk and called
a Special Meeting for April 17, 1973 at 7:30 p.m. in the Council
. I Chambers, City Administration Building for the consideration of the
subject contract.
ITEM #5765
On motion by Councilman Gardner, seconded by Councilman Ferrell, and
by re~orded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice ~fayor F~
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved on second reading the receipt and disbursement,
by the School Board, of the following funds totaling $144,438.91 and
the necessary adjustment in the operating budget:
1'''' I
1.
2.
3.
4.
Driver Education Grant
Reimbursement for library expenditures
Reimbursement for vacating right-of-way
Yo-Tech School Equipment
Total
$ 32,000.00
85,976.00
10,037.00
16,425.91
$144,438.91
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ITEt-1 #5766
On motion by Councilman Malbon, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum~ Robert H. Callis, Jr'., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E'.
Waterfield, Jr.
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Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved on second reading a transfer of $70,000. from
the Summer School balance to Capital Outlay to pay for the local share
of Vo-Tech equipment.
ITEM #5767
On motion by Councilman Gardner, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Hayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved on first reading the following Ordinance to
amend and reordain Section 38-1 of the City Code relating to earring
concealed weapons by adding an application fee:
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Requested by City Manager
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-1 OF THE CODE OF THE CITY
OF VIRGINIA BFAr.H RELATING TO CARRYING
CONCEALED WEAPONS BY ADDING AN APPLICATION
FEE
. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 38-1 of the City Code of the City of Virginia Beach,
is hereby amended and reordained by addLng a new paragraph to read as
follows:
"In addition to any fee charged by the Clerk of the Circuit
Court for issuance of said permit, each person filing an
application for such permit shall pay to the City Treasurer,
the sum of three dollars for services rendered in processing
said application."
An emergency exists and this ordinance shall be in full force
and effect from the date of adoption.
{I' "/ ('/73
Firs tReading: ~ f ~~l_ I~ I
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the
day of
, 1973.
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ITEH #5768
o~ motion by Councilman Payne, seconded by Councilma~ Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, C+arence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
"">"'1
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved on first reading the following Ordinance to
amend and reordain Section 2-70.3 of the City Code relating to fees
for records and reports:
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\ Req~ested by City Manager
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-70.3 OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING TO
FEES FOR RECORDS AND REPORTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section-2-70.3 of the Code of the City of Virginia Beach
is amended and reordained to read as follows:
Sec. 2-70.3. Same - Fees.
Photostatic copy of accident report . . . . . .
Photostatic copy of offense report . . . . . .
Record check by name (local record only . . . .
Record check and report by name (local
- record onry) . . . . . . . . . . . . ·
Fingerprinting of individuals on request . . . .
Pulling an offense report to be copied
or viewed at counter . . . . . . . . . . . · .
Photographs (8 x 10) of motor vehicle
accidents, only after all criminal
charges have been disposed of by court -
each print (full set only) . . . . . . . . . ·
. .
$ 2.00
2.00
1.00
2.00
2.00
.50
3.00
An emergency exists and this ordinance shall be in full force
and effect from the date of adoption.
First Reading: (?f ~...L. ; L I I '113
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia,
day of
, 1973.
on the
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On motion by Councilman Ferrell, seconded by Councilman Payne, and by
recorded vote as follo~s:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles lV. Gardner, Clarence A. Holland,
D. Murray ~la1bon, J. Curtis Payne, Donald H. Rhodes; and Floyd E.
Waterfield, Jr.
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Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved on second reading the following Ordinance to
amend and reordain Section 38-5 of the City Code relating to permit
prerequisite to purchase of certain weapons by adding an application
fee;
Requested by City Manager
AN ORDINANCE TO A!1END AND REORDAIN
SECTION 38-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATING TO' PEJU.ITT
PREREQUISITE TO PURCHASE OF CERTAIN
WEAPONS BY ADDING AN APPLICATION FEE
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
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. That Section 38-5 of the Code of the City of Virginia Beach,
is amended and reordained by adding the following sentence:
"Each person filing for a permit shall pay
to the city treasurer an application fee of
three dollars."
An emergency exists and this ordinance shall be in full force
and effect from the date of adoption.
Firs tReading: (t I'/I:J {I. 11 rl .3
Second Reading: (;~r,j.J f t. I (1 '1.3
Adopted by the Council of the City of. Virginia Beach, Virginia,
on the 1(, (1. day of { (,1' (, , 1973.
1
ITEM #5770
On motion by Councilman Rhodes, seconded by Councilman Baurn, and by
recorded vote as follows:
Ayes: Councilmen John A. Raurn, Robert H.
Reid Ervin, George R. Ferrell, Charles W.
D. n II ~ :' ~I)' ~ fa I bon, J. Cur tis Pay n e, Don aId
Water! lcld, Jr.
Callis, Jr., Vice Mayor F.
Gardner, Clarence A. Holland
,
H. Rhodes, and Floyd E. .
Nays:
None
Absent:
Ha)'or Robcrt B C ] 1 T
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Ci ty Counc i 1 :ipp rOVed the fo1] ow in p- onl i.n:mc (' re 1 [.1 t i ng to the opera t ion
o f Mot 0 r Ve hie ll' ~'. (1) P r i vat err 0 p (';~ t Y II 11 d (' r c (' r tal 11 con d i t ion s :
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ORDINANCE NO. 2!3g
Requested by Councilman Rhodes:
"1'4' .
AN ORDINANCE RELATING TO THE OPERATION
OF MOTOR VEHICLES ON PRIVATE PROPERTY
UNDER CERTAIN CONDITIONS
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. Scope of Application: The requirements and prohibitions
of this Article shall apply to the private property of another and to
public property which is now not held open to the public for any vehicular
use and which is not subject to the provisions of the Motor Vehicle Code
of the Commonwealth of Virginia.
Section 2. Operation Prohibited: It shall be unlawful for any
person to operate or permit to be operated any motor vehicle, motorcycle,
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minibike, trai1bike, dune-buggy, motor-scooter, jeep or other form of
transportation propelled by internal combustion engine, upon the private
property of another or upon public property which is not held operi to
the public for vehicular use.
Section 3. Posting Required: This Article shall not be applicable
unless it has been posted upon the property in question by the use of
a sign or signs indicating that such operation is prohibited by use of
the words "Motor Vehicle Riding Prohibited" or words of similar import.
Section 4. Exceptions: The provisions of this Article shall not
apply to emergency vehicles, government vehicles, or to persons driving
upon such property with the written consent of the owner or person in
lawful possession of such real property or to the owner himself, his
family, employees, agents or lessees.
Section 5. This Ordinance shall be in effect thirty (30) days
from the date of its adoption.
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Adopted by the Council of the City of Virginia Beach, Virginia, on the
I (;? 'f/'v day of ~..ct:_& , 1973
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ITEH 1t577l
On motion by Councilman Callis, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H.
Reid Ervin, George R. Ferrell, Charles W.
D. Murray Malbon, J. Curtis Payne Donald
Waterfield, Jr. '
Callis, Jr., Vice Mayor F.
Gardner, Clarence A. Holland,
H. Rhodes, and Floyd E.
'-1"
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council a~pro~ed.t~e following' Ordinance relative to closing a
20-foot AlleY.ln VIrgInIa Beac~ Borough; subject to an agreement
~etween ~ea PIne. Co: ~nd the CIty of Virginia Beach regarding indemnity
to the CIty of VIrgInIa Beach: .
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i WHEREAS, prorer notice that SEAPINES APARn~, INOJRPOAATED, and
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I SEAPINES CX>RPOAATI<lil, Virginia corp:'lratians, would make application to the
II City Council of the City of Virginia Beach, Virginia, to have the hel:einafter
,! described twenty (20 I) foot alley closed, vacated and disccntinued was duly
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I said alley to be closed~ and
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AN OWn-lANCE CI.J::SnlG, VACATING
A~m DISa:NTL.\~G A 'lWENIY (20 I) roar
1J.J.E{ ~'\.1:SD IN VIffiIllIA I3E.ACH BOrouGH,OF
THE CIT'l OF VIRGIN!.:, BEACH, VIFGINIA
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WHEREAS,. all the o.mex:s abutting said alley have requested the
'lq"tiEREAS, application was made to the City Planning ~sion and
j to the City Council, and, pursuant to the statt.-tes in such cases trade and
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I that no inconvenience to the public or to private individuals woold result
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fran sudl closing; vacating a."X1 discontinuance; and
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WHEREAS, it is b'1e judgm;mt of the Council that the said alley
should be closed, vacated and discontinued;
l\U1, 'I'HE.rnrrORE, be it ORDAINED BY 'lEE CCUlCIL OF THE CI'lY OF
VIR:;INIA BEAOi, VIRGINIA:
Section 1: '!hat the said twenty (20') foot alley described belcw
located in the Virginia Beach Borough of. the City of Virginia Beach, Virginia,
i9 hereby closed, vacated and disoontinued, said alley not being needed for
pwlic use:
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lul of t.~at C'"'~'t:-u.n alley or In:ne, sitttate in t..'1e
Virginia B.:?ach Borc~:.q.h of t.~e City of VL""qinia Bead'l,
Virginia., t,.;enty (20.) f.St:1t in "lidth and ex~...e.'1di.ng fra:t
t..'"le 'westerly line of Pacific P.V2!1ua to 1::1.'; easterly
lL"le of Atlnntic .'\.v2I1ue, ,'md1 alley bisccts Block 79
as ShOHn u~xm t.'ut c\:-xt..ain rn.:lp entitled "Pro~ of
Virginia Be,1Cl Ds-velopTP..nt Co., Virginia. B0aci1, Va.,
~:Or:-.h of 231:11 57:.", '\hic:.'1 IT..1? is of =~rd in t."1e
Cl~rk 's OffiCe of t1.:) C.trc'J.it Cju..."i: of t.1e City of
\~rginia Beach i~ ~Br Bock 3, at Pages 176-177.
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Section 2:
That th.irty (30) da'jS afte;r t.us date a copy of
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Ii this Ordin.:mce, certified by the Clerk, be spread upon t~e pt:bllc rea:>rds in
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the Clerk's Office of t.~e Circuit Court of this City and index...od in a like
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P <fIT, SPAIN AND LYLE
:lRN( vS '" T LAW
2 'VA ~EACH OlVa:
P BOX 224\
" OEA',:H. VA. 23452
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I: THIS AGREEMENT, Made This 19th Day of March, 1973, by I
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I: and between SEAPINES CORPORATION, a Virginia Corporatlon, herein-I
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!~ ceratin 20' alley, situate in the Virginia
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WIT N E SSE T H .
THAT l~EREAS Seapines, trading as Seapines Motel, 1S
the occupant of the real property completely surrounding a
Beach Borough of the
that
City of Virginia Beach, briefly described as follows:
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certain 20' alley which appe~rs on the plat of the Virginia
Beach Development Company, which alley bisects Block 79 as shown
thereon, and runs in an easterly and westerly direction, midway
in said block, between 33rd and 34th Streets, as shown upon said
plat; and
WHEREAS Seapines has filed, and there is now pending,
before the City Council of the City of Virginia Beach a petition
seeking the closure of the aforesaid 20' alley, in view of the
fact that the same is not in fact used and developed, and
Seapines owns all property adjacent thereto; and
WHEREAS the City has cause to believe that a subter-
ranean sewer main, or some portion thereof, may exist under some
portion of the aforesaid alley and the City desires, in con-
sideration of such closure, to be released and indemnified from
any responsibility for the maintenance or operation of any such
sewer line; and
WHEREAS Seapines, in consideration of such closure,
is willing to give to the City the aforesaid requested assurance
and
WHEREAS, as further evidence of good faith on the part
of Seapines, J. M. Golden, principal and president of Seapines,
1S willing to furnish his personal guarantee in furtherance
hereof;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
That for and in consideration of the premises, and for
good and valuable consideration, the parties hereto do covenant
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f>] Ell. $PAIN AND LYLF.
.\ )FiN~ ,'S At LAW
7: VA BEACH BLVD~
~'. ~OX 2241
V BEA': H. VA, 23452
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and agree as follows:
1. Seapines does agree that it, and its successors in
title to the property adjacent to the aforesaid 20' alley,wilI
be responsible for the maintenance and the expense of operation
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damage or expense which shall result to the City with respect
to the existence of the said sewer main, by r~ason of the closure
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of th~ saie alley.
3. In the event of the future development of said
property adjacent to said alley, and in the further event that
the appropriate City authorities require that sanitary'sewer
service be provided upon such property, Seapines agrees to be
responsible for the costs of installing such sanitary sewer
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service and maintaining the same, to the extent that it underlies
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the area presently occupied by said alley.
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4. In consideration of the foregoing covenants and
assurances, the City agrees that, upon proper application and
hearing, any objection to said closure based upon the possible
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existence of the aforesaid sewer main, shall be withdra\ffi.
S. J. M. Golden, President of and principal in
Seapines Corporation, as further evidence of g90d faith on the
part of Seapines, does hereby affix his signature hereto as
evidence that he, the said J. M. Golden, does personally guarantEe,
on behalf of himself, his heirs and assigns, the faithful per- !
formance of this agreement on the part of Se~pines, and does I
personally assume the contingent liability hereunder in the eventl
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of the failure or default of Seapines to comply with the same.
WITNESS the following signatures and seals:
A~TEST: //~
\\' r- (1 ( r
. \ \ .' ''/ >- ,I"
" V {V~~~ \~ a)--~L.&_~
Secretary
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ITEM #5772
Mr. Bimson indicated that he had received a letter from the applicant
requesting a sixty-day deferral.
On motion by Councilman Gardner, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Ma1bon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council deferred fo~ sixty (6~) days consi~eration of viewers
reports relative to closIng a portIon of Sand PIne Road In Lynnhaven
BOTough.
AN ORDINANCE CLOSING, VACATING
AND DISCONTINUING THAT CERTAIN
POR TION OF SAND PINE ROAD
A T ITS INTERSECTION WITH
CAPE HENRY DRIVE
VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that LDUIS G. DARDEN,
would
make application to the City Council of the City of Virginia Beach, Virginia,
to have the hereinafter described portion of Sand Pine Road closed, vacated
and discontinued in the City of Virginia Beach, Virginia, was duly polted; and
WHEREAS, pursuant to the statutes provided for such cases; the
Council appointed viewers who have reported to the Council that no inconvenience
to the public or to private individuals would result from such closing, vacating
and discontinuance; and
WHEREAS, it is the judgment of the Council that said portion of said
street should be closed, vacated and discontinued;
NOW, THEREFORE, be it ORDAINED by the COUNCIL OF THE
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CITY OF VIRGINIA BEACH, VIRGINIA:
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Section 1:
That said portion of Sand Pine Hoad described
as follows in Virginia Beach, Virginia, is hereby closed, vacated and dis-
continued as a public thoroughfare of the City of Virginia Beach, Virginia:
That certain portion of Sand Pine Road at its
interseetion with Cape Henry Drive in the City
of Virginia Beach, Virginia.
Section 2:
That thirty (30) days after this date a copy of
this ORDINANCE, certified by the Clerk, be spread upon the public records
In the Clerk's Office of the Circuit Court of this city and indexed in like
manner as a deed to lands.
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ITEM #5773
On motion by Councilman Gardner, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City C~uncil approved the following Ordinance relative to closing portions
of 19th and 20th Streets, Washington Avenue and two alleys in Virginia
Beach Borough; requested by Virginia Beach Festival Park, Ltd.:
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING
THAT CERTAIN PORTION OF 19th Street (Status Undetermined
and Unimproved) as shown on Survey of Property of Virginia
Beach Festival Park, Ltd., Washington Avenue Extended, ,\. :: :,')
that portion of which fronts on Lots 31, 30, 29, 28, 27, 26,
25 and 24 as shown on Plat of "Brownie Park", Map Book 26,
page 3; 20 foot Alley, Block 6; 20th Street between Block 5
and 6, and 20 foot Alley in Block. 5 on Plat of Atlantic Invest-
ment Company, Map Book 55, page 33.
WHEREAS, proper notice that Virginia Beach Festival Park, Ltd.
would make application to the City Council of the City of, Virginia Beach,
Virginia, to have the hereinabove described portion of 19th Street, 2,0 th
Street, Washington Avenue and 2 20 foot Alleys in Block 5 and Block 6,
surrounding
in the City of Virginia Beach, Virginia, all of which/property is presently
owned by the Virginia Beach Festival Park, Ltd., vacated and discontinued
in the City of Virginia Beach, Virginia, was duly posted; and
WHEREAS, pursuant to the statutes provided for such cases the
Council appointed viewers who have reported to the Council that no incon-
venience to the public or to private individuals would result from such closing
vacating and discontinuance; and
WHEREA~, it is the judgment of the Council that said portion of said
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street should be closed, vacated and discontinued;
NOW, THEREFORE, it is ORDAINED by the COUNCIL OF THE CITY
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,e, '~SELL, BUTLER
8: CANADA
I. rORNEYS AT LAW
V "GINIA BEACH. VA.
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OF VIRGINIA BEACH. VIRGINIA:
That said portions of the streets and alleys
Section 1:
described as follows in Virginia Beach. Virginia. are hereby closed. vacated
and discontinued as public thoroughfares of the City of Virginia Beach.
Virgini a:
That certain portion of 19th Street Extended (Status Undetermined
and Unimproved) as shown on the Survey of Property of Virgini a
Beach Festival Park. Ltd. beginning at its intersection with
North Birdneck Road and running eastward approximately 1100
feet to the property formerly Thelma B. Gilbert (noted in red on
attached survey); Washington Avenue Extended. that portion of
which fronts on Lots 31. 30. 29. 28. 27. 26. 25 and 24 as shown
on Plat of "Brownie Park". Map Book 26. page 3, said portion of
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.' '~SE LL. BUTLER
Be CANADA
I TOf'NEYSATLAW
V GlhlA BEACH, VA.
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Washington A venue Extended ending in a traffic circle, noted in
red on attached survey; 20 foot Alley, Block 6, beginning at
Parks Avenue and running westward through Lot 18 of property
formerly David Stormont Estate, marked in red on attached survey;
20th Street between Blocks 5 and 6, beginning at Parks Avenue
and running through Lot 22, marked in red on attached survey;
20 foot alley, Block 5, beginning at Parks Avenue and running
through Lot 2, property formerly The Atlantic Investment Co.
All property now owned by Virginia Beach Festival Park, Ltd.
Section 2: That thirty (30) days after this date a copy of
this ORDINANCE, certified by the Clerk, be spread upon the public records
in the Clerk's Office of the Circuit Court of this City and indexed in like
manner as a deed to lands.
Certified to be a true copy of the Minutes of the City Council
of the City of Virginia Beach, Virginia, approved April 16, 1973
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Richard J. ~ebbon, City Clerk
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On motion by Councilman FerreIr, seconded by Councilman Gardner, and
by recorded vote as follows;
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., .Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays; None
Absent~ Mayor Robert B. Cromwell, Jr.
City Council approved the following Ordinance authorizing the conveyance
of certain force mains located within the City of Virginia Beach to
Hampton Roads Sanitation District:
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AN ORDINANCE AUTHORIZING THE CONVEYANCE
OF CERTAIN FORCE HAINS LOCATED HI THIN THE
CITY OF VIRGINIA BEACH TO HAMPTON ROADS
SANITATION DISTRICT
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Whereas, the below described force mains have been declared
excess: and
Whereas, it is in the best interest of the City to convey such
force mains to Hampton Roads Sanitation District.
THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is authorized to convey without warranty
the following described force mains to Hampton Roads Sanitation
District; and more accurately described on Exhibit A, consisting of
three sheets, attached hereto:
,Great Neck Road 16" Force Main
(A)
(B)
(C)
Hilltop to Point-O-Woods
Great Neck
Laurel Cove
3,085 '
6,931'
2,550'
Providence, Kempsville and Witchduck Roads 16", 20"
and 24" Force Hains
(D) 16" Providence Road
(F.) 20" Kempsville Road
(F) 24" Kempsville; Bonney
and Witchduck Roads
10,140'
4,120'
6,260'
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This ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach on the
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ITEM #5775
On motion by Councilman Rhodes, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
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Absent: Mayor Robert B. Cromwell, Jr.
City Council approved on first reading the following Ordinan~e to
appeal or amend and reordain Sectio~s of Char~er 20 ~f the Clty Code
of the City of Virginia Beach relatlng to buslness llcenses:
AN ORDINANCE TO REPEAL OR AMEND AND REORDAIN .
SECTIONS OF CHAPTER 20 OF THE CODE OF VIRGINIA
BEACH RELATING TO BUSINESS LICENSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the following Sections of Chapter 20 of the Code of Virginia
Beach are repealed or amended and reordained to read as follows:
Section 20-39 Commercial-Service Businesses.
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In first paragraph after word "any" strike "of the" and after
word "businesses" strike "set out in this section."
Amend second paragraph to read "Commercial-service businesses as
referred to in this section shall include those businesses set out
below,and an~ miscellaneous commercial service business not elsewhere
classified."
Delete number 16 and reference to Standard Industrial Classification
,Guide.
Insert in footnote number 5 "As to miscellaneous commercial service
businesses not set out herein see Standard Industrial Classification
Manual, latest edition, thereof, printed by the U. S. Government Printing
Office."
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Section 20-40 is hereby repealed.
.Section 20-41 Real Estate and Finance Businesses
In first paragraph after word "any" strike "of the" and after word
"businesses" strike "set out in this section."
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Amend second paragraph to read "Real Estate and Finance Businesses
as referred to in this section shall include those businesses. set out
below and any miscellaneous real estate and finance businesses not
5a
elsewhere classified."
Delete number 4 and reference to Standard Industrial Classification
Guide.
Insert in footnote 5a "As to miscellaneous' real estate and finance
businesses not set out herein see Standard Industrial Classification
Manual, latest edition thereof, printed by the U. S. Government Printing
Office."
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S~~tiOQ 2n-~2 Co~tract-Service BU3inesses
1'1 first para3:;:aph after 1;vord "anyll stril~e :rof the!I and after Horc
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',YJ3:U10sses strL~e se: 01.1 1n L11S see J.Oi1.
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klcnd second paragraph to read f~o~tract-Scrvice Businesses as
re~0rred to in this section shall include those .bu3ine~ses set out belo~
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an~ anY,rniscellaneou1 contract-service bU3inesses not elsew~ere classi-
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ficd. ;1
;)elete number q and reference to Stal1.Ja.rd Lldu3tria1 Cla3sificatiorl
1~:J'>b .
In1ert in footnote nu~)er 6a '~s to miscellaneous contract-service
h13inesses not set out herein see Sta~ldard Ind'lstria.l Classification
J:l.lual, lates t edition thereof, printed by the u. S. Governcuent Printii2.g
(Y~=ice. "
Saction 20-51 Transportation and Warehousing BU3inesses
In first para3;raph after ~yord :Iaayl' strike "of thell and after \'yord
"a;Binesses" stri~\.e "set out in this section."
Amend second paragraph to read "Transportation and Warehousing
3usi~esses as referred to in this section s~all include those businesses
set out belo\v and any misce1laneou3 tra~sportation and warehousing
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bU3L:1esses not e13e\.711ere classified. II
D2lete number 20 and reference to Standard Indu3tria1 Classification
Gflic"e. ,
Insert in footnote 9 "As to miscellaneou3 transp6rtation and ware-
ho~;in3 bU3inesses not set out herein see Sta,dard Indu3trial Classifi-
caU.O:1 ~1::nual, latest edition thereof, printed h;7 t:1e U. S. Government
1);"-i'1~';1'0" Q-P'c1'C'" "
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s.:...:; ~:j 0,:1 2C - 53 Agrit:;il1t',nal-Ser vice :Ju3ine3ses
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;'O'C l:lll~'j a:.1d a.i:ter \.:,ord
')lj"3::'l"'>~L~S;r stj~il(e rlset out in t;li3 section."
AE12~ld secojvj pa;~a8J~aph to ro2:1J "A3ricultural-Service 3usinesses
;,,13 :'r:l:crreJ to in t;.lis section shall include those husinesses set out
bC2J.or'7 .e.i1d ::L1Y mi3ce llaneous -3.[;riclll tUl"al- scr :.Iice a'ls i nes s es not c 1se-
10
':1~~r.-'::_.0 classified.-'
1)';>l~tc number'} and referc':1ce to Standard I~1du3trial Classification
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I!1 '1ert i.n :Oot,lote 1 J "As to :ni-icellaneou:; a :;sricul tural- 3er'Jice
bl13iue~1es not set out herein see Standard I,du3trial Claasification
NalPlal, lates t edition t~ereof, printed
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Section 20-54 Educational-Service BU3inesses
In fi.rst paragraph after ~vord "any" strike qof the" and a:ter Hard
~IO:13ine3SCS" strike "set out in t;:li" 3ection."
Arnend second para~raph to read :'Educational-SeJ:vice 3u3ines3es a.'3
referred to in this section shall include those businesses set out beloT.,
~nd a~y mi3cellaueous educational-ser~ice bU3ine38c3 not else~~ere
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classi.fied."
nelete number 12 and reference to Standard Industrial Classificat:~()n
Guid(~ .
Insert in footnote 11 "As to miscellaneous educational-service
businesses not set out herein see Standard Industrial Classification
Manual, l~test edition thereof, printed by the U. S. Go~ernment Printi~~
'~'I Office. "
Section 20-54.1 ~1edical and Other Rcalt;l-Service j3usine3ses
In first para3rap~1 after \'Tord ;'any" .'3trEze "a:: t~le!l a-.:td after ,'1Ord
. "hu,i:1p-sses" strike flset out in t:.1is 3:~ction.!1
A nend second paragraph to read "Aedical and Other lcalt~l-Ser Jice
3U1inesses as referred to in t~i3 sectiou s~all include tho32 bU3i~e3ses
set out ~elow'and any criscellaneous medical and other ~eaJ.t~-32rJice
'buiine~,ses' not eLs21;.,here classified." 12
2)t? lete number 3 and refer.ence to S ta'.1dard Indu'3 trial Cla3 S i:ci~8 tiO'l
Gu::' d ~> .
1r13.~rt in footnote 12 ,"A::; to T'ai1cell.qap.o'1.:J rllGjL~11 0'.1:1 oth(7:t ~1J>"J_t'l'
~...,)~ J :;.; ')IJ ,:i.:lesSer:i :1O;~ set O'l~ .le1:CLl ;,(:0 Sta) J::trJ Ill!J':;;'::;:i_.'11 CJ.J..33~_ rica.
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t:io 1 .I?1'J3.1, late3t edition, t:l=r.eo~, l?:i<lt?rJ 1;.,: t'l~ '3. S. Go ';'~':,~;'1.?1'':
P r.: l' -.; 1 -,. l' += cl.' C e "
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Sc:ctto 1 ::'"1-55 Per8o'lal-Scl" lice 31Jsine'))e~
11 .~irst p3.r.:lL';}:ap\ aEte}~ UO}:o ":Ul;,1l stri',:c
"'.r: \ ., 1,.. -
O~ tJ~ ~~G a~ter ~ori
"bU::i::.)(;33P'S" stril~c 'L~ct out io t~l.is sef~;::i.o~1. ~l
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Amend second paragraph to read "Personal-Service Businesses as
referred to in this section shall include those businesses set out below
and any miscellaneous personal-service businesses not elsewhere classi-
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fied."
Delete number 4.
Delete number 13 and reference to Standard Industrial Classification
Guide.
Insert in footnote 13 "As to miscellaneous personal-service busiDesse~
not set out herein see Standard Industrial Classification Manual, latest
edition thereof, printed by the U. S.- Government Printing Office."
Section 20-58 Professional-service Businesses and Professions
In first paragraph after word "any" strike "of the" and after word
"businesses" strike "set out in this section."
Amend second paragraph to read "Professional-service Businesses
and Professions as referred to in this section shall include those
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businesses. set out below and any miscellaneous professional-service
2a
businesses and professions not elsewhere classified."
Delete number 18 and reference to Standard Industrial Classification
Guide.
Insert in footnote number 2a "As to miscellaneous professional-
service businesses and professions not set out herein see Standard
Industrial Classification Manual, latest edition thereof, printed by the
u. S. Government Printing Office."
Section 20-59 Repair-Service Businesses
In first paragraph after word "any" strike "of the" and after word
"businesses" strike "set out in this section."
Add as second paragraph "Repair-Service Businesses as referred to
in this section shall include those businesses set out below and any
2b
miscellaneous repair-service businesses not elsewhere classified."
Insex:t in footnote number 2b "As to miscellaneous repair-service
businesses not set out herein see Standard In1ustrial Classification
Manual, latest edition thereof, printed by th~ U. S. Government Printing
Office."
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Section 20-59.1 Automotive-Services and Garage Businesses
In first paragraph after word "aL1Y" strike "of the" aild after word
"businesses" strike "set out in this section."
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Amend second paragraph to read "Automotive-Services and Garage
Businesses as referred to in this section shall include those businesses
set out below and any miscellaneous automotive-services and garage
2c
businesses not elsew'here classified."
Delete number 9 and reference to Standard Industrial Classification
Guide.
Insert in footnote 2c "As to miscellaneous automotive-services and
garage businesses not set out herein see Standard Industrial Classifica-
tion Hanual, latest edition thereof, printed by the D.. S.. Governme:1t
Printing Office."
Section 20-33 is hereby repealed..
Section 20-64 is hereby repealed.
Section 20~66 is hereby repealed.
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Section 20-83 Amusement and Recreation-Service Businesses
In first paragraph after word "any" strike "of the" and. after word
"businesses" strike "set out in this section."
Amend second paragraph to read "Amusement and Recreation-service
Businesses as referred to iri this section shall include those businesses
set out below and any miscellaneous amusement and recreation-service
6b
businesses not else~vhere classified."
Delete number 10 and reference to Standard Industrial Classifica-
tion Guide.
Insert in footnote 6b "As to miscellaneous amusement and rec'reation
service businesses not set out "herein ~ee Standard Industrial Classifica-
tion Manual, latest edition thereof, printed by the u. S. Governm?nt
.-., Printing Office."
An emergency exists and this ordinance shall be in full force and
effect from date of adoption.
1st reading:
2nd reading:
the
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Adopted by the Council of the City of Vir3inia Beach, Virginia, on
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ITEM #5776
On motion by Councilman Gardner, seconded by Coun~ilman Payne, and by
recorded vote as follows:
lW-1
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council adopted the following Resolution authorizing the issuance
and sale of $4,000,000. Water and Sewer Bonds:
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At a regular meeting of the Council of the City of
Virginia Beach, Virginia, held on the 16th day of April, 1973,
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PRESENT: Councilman John A. Baum
Councilman Robert H. Callis, Jr.
Vice Mayor F. Reid Ervin
Councilman George R. Ferrell
Councilman Charles W. Gardner
Councilman Clarence A. Holland
Councilman D. Hurray Malbon
Councilman J. Curtis Payne
Councilman Donald H. Rhodes
Councilman Floyd E. Waterfield, Jr.
ABSENT: Mayor Robert B. Cromwell, Jr.
the following resolution was adopted by a majority of all members of
the Council by a roll call vote, the ayes and nays being recorded in
the minutes of the meeting as shown below:
Member
Councilman John A. Baum
Councilman Robert H. Callis, Jr.
Vice Mayor F. Reid Ervin
Councilman George R. Ferrell
Councilman Charles W. Gardner
Councilman Clarence A. Holland
Councilman D. Murray Malbon
Councilman J. Curtis Payne
Councilman Donald H. Rhodes
Councilman Floyd E. Waterfield, Jr.
Vote
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE
OF $4,000,000 WATER AND SEWER BONDS, SERIES OF
1973, OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
HERETOFORE AUTHORIZED, AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The issuance of water and sewer bonds of the City of
Virginia Beach, Virginia, in the amount of $4,000,000 having been
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2.
authorized by an ordinance adopted by the Council of the City of
Virginia Beach on March 19, 1973, to provide funds for improving
and extending its water transmission and distribution system and
sewer collection system, all of such bonds are hereby authorized
to be sold.
2. The bonds shall be coupon bonds without privilege of
registration, shall be designated "Water and Sewer Bonds, Series
of 1973," shall be dated June 1, 1973, shall be of the denomination
of $5,000 each, shall be numbered from 1 to 800, inclusive, and
shall mature in numerical order in installments of $95,000 on June 1
in each of the years 1975 to 1983, inclusive; $190,000 on June 1 in
each of the years 1984 and 1985; $285,000 on June 1 in each of the
years 1986 to 1993, inclusive; and $485,000 on June 1, 1994, without
option of prior redemption. The bonds shall bear interest from their
date at such rate or rates not to exceed 6% per year as determined
at the time of sale, payable semiannually on June 1 and December 1.
Both principal and interest shall be payable at the principal office
of Virginia National Bank, Norfolk, Virginia, or Bankers Trust
Company, New York, New York, at the option of the holder.
3. The bonds shall be signed by the facsimile signature
of the Mayor of the City of Virginia Beach, shall be countersigned
by its Clerk and a facsimile of its seal shall be printed on the
bonds. The coupons attached to the bonds shall be authenticated by
the facsimile signatures of the Mayor and Clerk.
4. The bonds and coupons shall be in substantially the
following form:
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3.
(FORM OF BOND)
No.
$5,000
"',....,
UNITED STATES OF AHERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
Water and Sewer Bond, Series of 1973
The City of Virginia Beach, Virginia, for value received,
hereby acknowledges itself indebted and promises to pay to bearer
upon presentation and surrender hereof the sum of
FIVE THOUSAND DOLLARS ($5,000)
on June 1, 19_____, and to pay interest thereon from the date hereof
to maturity at the rate of per cent ( %)
per year, payable semiannually on June 1 and December 1 upon pre-
sentation and surrender of the attached coupons as they become due.
Both principal of and interest on this bond are payable in lawful
money of the United States of America at the principal office of
Vir~inia National Bank, Norfolk, Virginia, or Bankers Trust Company,
New York, New York, at the option of the holder.
This bond is one of an issue of $4,000,000 Water and
Sewer Bonds, Series of 1973, of like date and tenor, except as to
number, rate of interest and maturity, authorized by an ordinance
duly adopted by the Council of the City of Virginia Beach on March
19, 1973, and is iss?ed pursuant to the Constitution and statutes
of the Commonwealth of Virginia, including the Charter of the City
of Virginia Beach (Chapter 147, Acts of Assembly of 1962, as amended)
and the Public Finance Act, as amended, to provide funds for
improving and extending its water transmission and distribution
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4.
system and sewer collection system.
The full faith and credit of the City of Virginia Beach
.~
are hereby irrevocably pledged for the payment of principal of and
interest on this bond.
All acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of tpis bond have
happened, exist and have been performed, and the issue of bonds of
which this bond is one, together with all other indebtedness of the
City of Virginia Beach, is within every debt and other limit pre-
scribed by the Constitution and statutes of the Commonwealth of
Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia,
has caused this bond to be signed by the facsimile signature of its
Mayor, to be countersigned by its Clerk, a facsimile of its seal to
be printed hereon, the 'attached interest coupons to be authenticated
by the facsimile signatures of its Mayor and Clerk, and this bond
to be dated June 1, 1973.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach,
Virginia
Mayor, City of Virginia Beach,
Virginia
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5.
(FORM OF COUPON)
No.
$
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On December 1, 19 , the City of Virginia Beach, Virginia,
will pay to bearer the amount shown hereon in lawful money of the
United States of America at the principal office of Virginia National
Bank, Norfolk, Virginia, or Bankers Trust Company, New York, New
York, at the option of the holder, being the semiannual interest
then due on its Water and Sewer Bond, Series of 1973, dated June 1,
1973, and numbered
Clerk, City of Virginia Beach,
Virginia
Mayor, City of Virginia Beach,
Virginia
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6.
5. The full faith and credit of the City of Virginia
Beach are hereby irrevocably pledged for the payment of principal
of and interest on the bonds. There shall be levied and collected
,~
annually on all locally taxable property in the City an ad valorem
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tax over and above all other taxes authorized or limited by law
sufficient to pay such principal and interest as the same respectively
become due and payable.
6. The bonds shall be sold together with $3,600,000
School Bonds, Series of 1972 B, and $3,000,000 Public Improvement
Bonds, Series of 1973, as a combined issue of $10,600,000 bonds.
The City Manager is hereby authorized and directed to advertise
the bonds for sale substantially in accordance with the attached
Notice of Sale. The City Manager, in collaboration with Wheat,
First Securities, Inc., the City's financial advisor, may make such
changes in the Notice of Sale not inconsistent with the provisions
of this resolution as they may determine to be in the best interests
of the City.
7. After the bids have been received and the bonds awarded,
the Mayor, City Manager and Clerk are hereby authorized and directed
to take all proper steps to have the bonds prepared and executed
in accordance with their terms and to deliver the bonds to the pur-
chaser thereof upon payment therefor.
8. No use of the proceeds derived from the sale of the
bonds shall be made which, if such use had been reasonably expected
on the date of issue of the bonds, would have caused the bonds to
be "arbitrage bonds" under Section 103(d)(2) of the Internal Revenu~
Code of 1954, as amended, and applicable regulations issued pursuant
thereto.
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7.
9. The Clerk is hereby authorized and directed to see to
the immediate filing of a certified copy of this resolution with
the Circuit Court of the City of Virginia Beach, and within ten
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days thereafter to cause to be published once in a newspaper having
*1
general circulation in the City of Virginia Beach a notice setting
forth (1) in brief and general terms the purpose for which the
bonds are to be issued and (2) the amount of such bonds.
10. This resolution shall take effect immediately.
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a true
and cprrect extract from the minutes of a regular meeting of the
Council of the, City of Virginia Beach held April 16, 1973, and of
the whole thereof so far as applicable to the matters referred to
in such extract.
WITNESS my h~nd and the seal of the City of Virginia
Beach, Virginia, this ItgJciay of April, 1973.
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Clerk, City of/Virginia Beach,
Virginia [/
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NOTICE OF SALE
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$10,600,000
CITY OF VIRGINIA BFACH, VIRGINIA
$3,600,000 School Bonds, Series of 1972 B
$4,000,000 Water and Sewer Bonds, Series of 1973
$3,000,000 Public Improvement Bonds, Series of 1973
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Sealed bids will be received for the Council of the City
of Virginia Beach, Virginia, until 1:00 p.m., Eastern Daylight Time,
on April 30, 1973, at the office of the Treasurer of Virginia, Room
10~, Finance Building, Riclli~ond, Virginia, for the purchase of all
three issues of bonds of the City of Virginia Beach described herein,
at which time the bids will be publicly opened.
The three issues are (1) $3,600,000 School Bonds, Series
of 1972 B, (2) $4,000,000 ~vater and Sewer Bonds, Series of 1973, and
(3) $3,000,000 Public Improvement Bonds, Series of 1973. The full
faith and credit of the City will be pledged to the payment of
principal and interest on the bonds of each issue.
The bonds will be dated June 1, 1973, and will mature
without option of prior redemption on June 1 in years and amounts
as fo1lm'ls:
Year
~-'I
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
School
Bonds
$ 85,000
85,000
85,000
85,000
85,000
85,000
85,000
85,000
85,000
170,000
170,000
255,000
255,000
255,000
255,000
255,000
255,000
255,000
255,000
455,000
Water and
Sewer Bonds
Total of All
Three Issues
Public Improve-
ment Bonds
$ 95,000
95,,000
95,000
95,000
95,000
95,000
95,000
95,000
95,000
190,000
190,000
285,000
285,000
285,000
285,000
285,000
285,000
285,000
285,000
485,000
$ 70,000
70,000
70,000
70,000
70,000
70,000
70,000
70,000
70,000
140,000
140,000
210,000
210,000
210,000
210,000
210,000
210,000
210,000
210,000
410,000
$ 250,000
250,000
250,000
250,000
250,000
250,000
250,000
250,000
250,000
500,000
500,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
1,350,000
The bonds will be of the denomination of $5,000 each and will be in
coupon form without privilege of registration. Interest will be
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2.
payable semiannually June 1 and December 1 and both principal and
interest will be payable at the principal office of Virginia National
Bank, Norfolk, Virginia, or Bankers Trust Company, New York, New York,
at the option of the holder.
No bid for less than all of the bonds of all three issues
will be considered. Bidders are invited to name the rate or rates
of interest which the bonds are to bear, not exceeding 6% per year,
in multiples of 1/8 or 1/10 of 1%. No bid may name more than three
rates, any of which may be repeated, and the highest rate may not
exceed the lowest rate by more than 2%. All bonds of all three
issues maturing on the same date must bear interest at the same
rate and interest shall be represented by only one coupon for each
interest payment date. No bid for less than par and accrued interest
will be considered. The right to reject any or all bids and to
waive irregularities in any bid is hereby reserved. Unless all
bids are rej ected, the bonds of all three issues will be a,\.;rarded to
the bidder whose proposal results in the lowest cost to the City,
such cost to be determined by deducting the total amount of any
premium bid from the aggregate amount of interest upon all of the
bonds until their respective maturities. The premium, if any, must
be paid in funds as part of the purchase price and will be allocated
to e~ch issue in the proportion which the amount of such issue bears
to the total of all three issues.
Each proposal should be enclosed in a sealed envelope,
marked on the outside "Bid for City of Virginia Beach Bonds," should
be addressed to the Council of the City of Virginia Beach, Virginia,
c/o the Office of the Treasurer of Virginia, and must be accompanied
by a certified or cashier's check for $212,000 drawn upon an incorp-
orated bank. or trust company and payable unconditionally to the order
of the City of Virginia Beach, Virginia, to secure the City against
any loss resulting from the failure of the successful bidder to
comply with the terms of his proposal. The check of the successful
bidder will be deposited and credited on the purchase price and no
interest will be allowed thereon. The proceeds of the check will be
retained by the City as liquidated damages in case the successful
bidder fails to accept delivery of and pay for the bonds. Checks of
unsuccessful bidders "tvill be returned promptly upon award of the bonds.
The bonds will be delivered about June 4, 1973, at Richmond,
Virginia, or, at the option of the purchaser, at The Signature
Company, New York, New York, at the expense of the City, upon pay-
ment therefor.
The unqualified oplnlon of Messrs. Hunton, Williams, Gay
& Gibson ofRichmond~ Virginia, will be furnished to the successful
bidder without charge, "tvill be printed on the back of the bonds and
will state that the bonds constitute valid and legally binding obli-
gations of the City and that the City is authorized and required by
lm.;r to levy ad valorem taxes, ,.!ithout limitation as to rate or amount,
on all taxable property in the City to pay the principal of and
interest on the bonds. The usual closing papers will also be furnished,
including a certificate signed by the officers who signed the bonds
stating that no litigation is then pending, or, to their knowledge,
threatened to restrain or enjoin the issuance or delivery of the
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3.
bonds or the levy and collection of taxes to pay principal and
interest, or in ~ny manner questioning the proceedings and authority
under which the bonds are issued.
"....-.!II
The City Council will be in session at 1:00 p.m. on the
date of the sale for the purpose of taking prompt action on the
bids.
Bidders are requested to use the bid form which, together
with financial information for bidders, may be 'obtained from Wheat,
Firs.t Securities, Inc., 801 East Hain Street, Richmond, Virginia
23219.
CITY OF VIRGINIA BEACH, VIRGINIA
By: Roger M. Scott
City Nanager
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, ITEM # 5 7 7 7
On motion by Councilman Payne, seconded by Councilman Gardner, and by
recorded vote as follows:
...,
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council adopted the following Resolution authorizing the issuance
and sale of $3,000,000. Public Improvement Bonds:
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At a regular meeting of the Council of the City of
Virginia Beach, Virginia, held on the 16th day of April, 1973,
PRESENT: Councilman John A. Baum
Councilman Robert H. Callis, Jr.
Vice Mayor F. Reid Ervin
Councilman George R. Ferrell
Councilman Charles W. Gardn~r
Councilman Clarence A. Holland
Councilman D. Murray Malbon
Councilman J. Curtis Payne
Councilman Donald H. Rh~des
Councilman Floyd E. Waterfield, Jr.
ABSENT:
Mayor Robert B. Cromwell, Jr.
the following resolution was adopted by a majority of all members
of the Council by a roll call vote, the ayes and nays being recorded
in the minutes of the meeting as shown below:
Member
Vote
Councilman John A. Baum Aye
Councilman Robert H. Callis, Jr. Aye
Vice Mayor F. Reid Ervin Aye
Councilman George R. Ferrell Aye
Councilman Charles W.Gardner Aye
Councilman Clarence A. Holland Aye
Councilman D. Murray Malbon Aye
Councilman J. Curtis Payne Aye
Councilman Donald H. Rhodes Aye
Councilman Floyd E. Waterfield, Jr. Aye
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE
OF $3,000,000 PUBLIC IMPROVEMENT BONDS, SERIES
OF 1973, OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
HERETOFORE AUTHORIZED, AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The issuance of public improvement bonds of the City
.
of Virginia Beach, Virginia, in the amount of $3,000,000 having been
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2.
authorized by an ordinance adopted by the Council of the City of
Virginia Beach on March 19, 1973, to provide funds, together with
other funds that may be available, for the following purposes:
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Planning, construction, site improve-
ments, enlargements and equipping
of municipal buildings, including
public safety building, circuit
and municipal court buildings,
administration building, animal
control building and heating plant
$1,320,000
Planning and construction of park
and recreation facilities, including
construction of boat ramp and bicycle
trails, enlargement of club house
and other facilities at municipal
golf course and plans for community
center
235,000
Bulkheading south of existing board-
walk along oceanfront
50,000
Improve and extend streets and
highways
1,145,000
Site improvements for community
college
250,000
$3,000,000
all of such bonds are hereby authorized to be sold.
2. The bonds shall be coupon bonds without privilege of
registration, shall be designated "Public Improvement Bonds, Series
of 1973," shall be dated June 1, 1973, shall be of the denomination
of $5,000 each, shall be numbered from 1 to 600, inclusive, and
shall mature in numerical order in installments of $70,000 on June 1
in each of the years 1975 to 1983, inclusive; $140,000 on June 1 in
each of the years 1984 and 1985; $210,000 on June 1 in each of the
.-1
years 1986 to 1993, inclusive; and $410,000 on June 1, 1994, without
option of prior redemption. The bonds shall bear interest from their
date at such rate or rates not to exceed 6% per year as determined
at the time of sale, payable semiannually on June 1 and December 1.
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3.
Both principal and interest shall be payable at the principal
office of Virginia National Bank, Norfolk, Virginia, or Bankers
Trust Company, New York, New York, at the option of the holder.
3. The bonds shall be signed by the facsimile signature
of the Mayor of the City of Virginia Beach, shall be countersigned
by its Clerk and a facsimile of its seal shall be printed on the
bonds. The coupons attached to the bonds shall be authenticated
by the facsimile signatures of the Mayor and Clerk.
4. The bonds and coupons shall be in substantially the
following fonn:
(FORM OF BOND)
No.
$5,000
UNITED STATES OF AMERICA
. COMMONWFALTH OF VIRGINIA
CITY OF VIRGINIA BFACH
Public Improvement Bond, Series of 1973
The City of Virginia Beach, Virginia, for value received,
hereby acknowledges itself indebted and promises to pay to bearer
upon presentation and surrender hereof the sum of
FIVE THOUSAND DOLLARS ($5,000)
on June 1, 19___, and to pay interest thereon from the date hereof
to maturity at the rate of per cent ( %)
per year, payable semiannually on June 1 and December 1 upon pre-
sentation and surrender of the attached coupons as they become due.
Both principal of and interest on this bond are payable in lawful
money of the United States of America at the principal office of
Virginia National Bank, Norfolk, Virginia, or Bankers Trust Company,
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4.
New York, New York, at the option of the holder.
This bond is one of an issue of $3,000,000 Public Improve-
ment Bonds, Series of 1973, of like date and tenor, except as to
number rate of interest and maturity, authorized by an ordinance
, .
duly adopted by the Council of the City of Virginia Beach on
March 19, 1973, and is issued pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the Charter of
the City of Virginia Beach (Chapter 147, Acts .of Assembly of 1962,
as amended) and the Public Finance Act, as amended, to provide funds,
together with other funds that may be available, for constructing
and improving various public facilities and improvements.
The full. faith and credit of the City of Virginia Beach
are hereby irrevocably pledged for the payment of principal of and
interest on this bond.
All acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this bond have happened,
exist and have been performed, and the issue of bonds of which this
bond is one, together with all other indebtedness of the City of
Virginia Beach, is within every debt and other limit prescribed by
the Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia,
has caused this bond to be signed by the facsimile signature of
its Mayor, to be countersigned by its Clerk, a facsimile of its
seal to be printed hereon, the attached interest coupons to be
authenticated by the facsimile signatures of its Mayor and Clerk,
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5.
and this bond to be dated June 1, 1973.
COUNTERSIGNED:
'll'''''''1
Clerk, City of Virginia Beach,
Virginia
(SEAL)
Mayor, City of Virginia Beach,
Virginia
(FORM OF COUPON)
$
No.
June -
On December 1, 19___, the City of Virginia Beach, Virginia,
J
will pay to bearer the amount shown hereon in lawful money of the
United States of America at the principal office of Virginia
National Bank, Norfolk, Virginia, or Bankers Trust Company, New
. .
York, New York, at the option of the holder, being the semiannual
interest then due on its Public Improvement Bond, Series of 1973,
dated June 1, 1973, and numbered
Clerk, City of Virginia Beach,
Virginia
Mayor, City of Virginia Beach,
Virginia
11I'''''''';1
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I
6.
5. The full faith and credit of the City of Virginia
Beach are hereby irrevocably pledged for the payment of principal
of and interest on the bonds. There shall be levied and collected
annually on all locally taxable property in the City an ad ya10rem
tax over and above all other taxes authorized or limited by law
sufficient to pay such principal and interest as the same respec-
tive1y become due and payable.
6. The bonds shall be sold together 'with $3,600,000 School
Bonds, Series of 1972 B, and $4,000,000 Water and Sewer Bonds, Series
of 1973, as a combined issue of $10,600,000 bonds. The City Manager
is hereby authorized and directed to advertise the bonds for sale
substantially in accordance with the Notice of Sale attached to the
resolution authorizing the issuance of $4,000,000 Water and Sewer
Bonds, Series of 1973, also adopted on this date. The City Manager,
1I:_~ .
in collaboration with Wheat, First Securities, Inc., the City's
financial advisor, may make such changes in the Notice of Sale not
inconsistent with the provisions of this resolution as they may
determine to be in the best interests of the City.
7. After the bids have been received and the bonds awarded,
the Mayor, City Manager and Clerk are hereby authorized and directed
to take all proper steps to have the bonds prepared and executed in
accordance with their terms and to deliver the bonds to the purchaser
thereof upon payment therefor.
8. No use of the proceeds derived from the sale of the
.
bonds shall be made which, if such use had been reasonably expected
!II""I
on the date of issue of the bonds, would have caused the bonds to
ij,. I
be "arbitrage bonds" under Section 103(d) (2) of the Internal
Revenue Code of 1954, as amended, and applicable regulations issued
pursuant thereto.
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7.
9.
The Clerk is hereby authorized and directed to see to
the immediate filing of a certified copy of this resolution with the
Circuit Court of the City of Virginia Beach, and within ten days
...,
thereafter to cause to be published once in a newspaper having
general circulation in the City of Virginia Beach a notice setting
forth (1) in brief and general terms the purposes for which the
bonds are to be issued and (2) the amount of such bonds and the
amount for each purpose.
10. This resolution shall take effect immediately.
The unde~signed Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a true
....,
and correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach held April 16, 1973, and of
s,' I
the whole thereof so far as applicable to the matters referred to
in such extract.
WITNESS my hand and the seal of the City of Virginia
B h V. .. h' It (/;-d f '1
eac, ~rg~n~a, t ~s --2: ay 0 Apr~ , 1973.
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Clerk, City Rf Virginia Beach,
Virginia iI
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ITEM #5778
On motion by Councilman Gardner, seconded by Councilman Rhodes, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
.~ City Council adopted the following Resolution authorizing the issuance
and sale of $3,600,000 School Bonds:
..
At a regular meeting of the Council o'f the City of
Virginia Beach, Virginia, held on the 16th day of April, 1973,
PRESENT: Councilman John A. Baum
Councilman Robert H. Callis, Jr.
Vice Mayor F. Reid Ervin
Councilman George R. Ferrell
Councilman Charles W. Gardner
Councilman Clarence A. Holland
Councilman D. Murray Malbon
Councilman J. Curtis Payne
Councilman Donald H. Rhodes
Councilman Floyd E. Waterfield, Jr.
ABSENT:
Mayor Robert B. Cromwell, Jr.
1"-1
the following resolution was adopted by a majority of all members
of the Council by a roll call vote, the ayes and nays being recorded
"
in the minutes of the meeting as shown below:
Member
Councilman John A. Baum
Councilman Robert H. Callis, Jr.
Vice Mayor F. Reid Ervin
Councilman George R. Ferrell
Councilman Charles W." Gardner
Councilman Clarence A. Holland
Councilman D. Murray Malbon
Councilman J. Curtis Payne
Councilman Donald H. Rhodes
Councilman Floyd E. Waterfield, Jr.
Vote
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
.''''''''1
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE
OF $3,600,000 SCHOOL BONDS, SERIES OF 1972 B,
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
HERETOFORE AUTHORIZED, AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The issuance of school bonds of the City of Virginia
~each, Virginia, in the amount of $12,600,000 having been approved
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2.
at an election held in the City of Virginia Beach on February 8,
1972, and $9,000,000 of such bonds having been sold, there are
hereby authorized to be sold the remaining $3,600,000 bonds of
such authorized amount.
c 2. The bonds shall be coupon bonds without privilege
of registration, shall be designated "School Bonds, Series of
1972 B," shall be dated June 1, 1973, shall be of the denomination
of $5,000 each, shall be numbered from 1 to 720, inclusive, and
shall mature in numerical order in installments of $85,000 on
June 1 in each of the years 1975 to 1983, inclusive; $170,000 on
June 1 in each of the years 1984 and 1985; $255,000 on June 1 in
each of the years 1986 to 1993, inclusive; and $455,000 on June 1,
1994, without option of prior redemption. The bonds shall bear
interest from their date at such rate or rates not to exceed 6% per
year as determined at the time of sale, payable semiannually on
June 1 and December 1. Both principal and interest shall be payable
at the principal office of Virginia National Bank, Norfolk, Virginia,
or Bankers Trust Company, New York, New York, at the option of the
holder.
3. The bonds shall be signed by the facsimile signature
of the Mayor of the City of Virginia Beach, shall be countersigned by
its Clerk and a facsimile of its seal shall be printed on the bonds.
The coupons attached to the bonds shall be authenticated by the
facsimile signatures of the Mayor and Clerk.
4. The bonds and coupons shall be in substantially the
following form:
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(FORM OF BOND)
No.
$5,000
c
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
School Bond, Series of 1972 B
The City of Virginia Beach, Virginia~ for value received,
hereby acknowledges itself indebted and promises to pay to bearer
upon presentation and surrender hereof the sum of
FIVE THOUSAND DOLLARS ($5,000)
on June 1, 19___, and to pay interest thereon from the date hereof
to maturity at the- rate of per cent ( %)
per year, payable semiannually on June 1 and December 1 upon pre-
sentation and surrender of the attached coupons as they become due.
Both principal of and interest on this bond are payable in lawful
money of the United States of America at the principal office of
Virginia National Bank, Norfolk, Virginia, or Bankers Trust Company,
New York, New York, at the option of the holder.
This bond is one of an issue of $3,600,000 School Bonds,
Series of 1972 B, of like date and tenor, except as to number, rate
of interest and maturity, being the second and final installment of
the $12,600,000 School Bonds approved at an election duly called and
held in the City of Virginia Beach on February 8, 1972, and is
issued pursuant to the Constitution and statutes of the Commonwealth
of Virginia, including the Charter of the City of Virginia Beach
(Chapter 147, Acts of Assembly of 1962, as amended) and the Public
Finance Act, as amended, to provide funds to finance, together with
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4.
other available funds, the cost of constructing, improving and
equipping school buildings and related facilities and sites therefor.
1"'*'1.'
The full faith and credit of the City of Virginia Beach
~ I
are hereby irrevocably pledged for the payment of principal of
and interest on this bond.
All acts, conditions and things required by the Consti-
tution and statutes of the Commonwealth of Virginia to happen,
exist or be performed precedent to and in the issuance of this bond
have happened, exist and have been performed, and the issue of bonds
of which this bond is one, together with all other indebtedness of
the City of Virginia Beach, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of
Virginia.
"''''4
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia
has caused this bond to be signed by the facsimile signature of
its Mayor, to be countersigned by its Clerk, a facsimile of its
seal to be printed hereon,. the attached interest coupons to be
authenticated by the facsimile signatures of its Mayor and Clerk,
-r '--e--=------ ~~~ ...:...,
and this bond to be dated June 1, 1973.
COUNTERSIGNED:
(S EAL)
Clerk, City of Virginia Beach,
Virginia
Mayor, City of Virginia Beach,
Virginia
flf!II""1
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5.
(FORM OF COUPON)
No.
$
June
On December 1, 19___, the City of Virginia Beach,
Virginia, will pay to bearer the amount shown hereon in lawful
money of the United States of America at the principal office
of Virginia National Bank, Norfolk, Virginia, or Bankers Trust
Company, New York, New York, at the option of the holder, being
the semiannual interest then due on its School Bond, Series of
1972 B, dated June 1, 1973, and numbered
Clerk, City of Virginia Beach,
Virginia
Mayor, City of Virginia Beach,
Virginia
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6.
5. The full faith and credit of the City of Virginia Beach
are hereby irrevocably pledged for the payment of principal of and
interest on the bonds. There shall be levied and collected annually
on all locally taxable property in the City an ad valorem tax over
and above all other taxes authorized or limited'by law sufficient to
pay such principal and interest as the same respectively become due
and payable.
6. The bonds shall be sold together with $4,000,000 Water
and Sewer Bonds, Series of 1973, and $3,000,000 Public Improvement
Bonds, Series of 1973, as a combined issue of $10,600,000 bonds.
The City Manager is hereby authorized and directed to advertise the
bonds for sale substantially in accordance with the Notice of Sale
attached to the resolution authorizing the issuance of $4,000,000
Water and Sewer Bonds, Series of 1973, also adopted on this date.
The City Manager, 'in collaboration with Wheat, First Securities, Inc.,
the City's financial advisor, may make such changes in the Notice
of Sale not inconsistent with the provisions of this resolution as
they may determine to be in the best interests of the City.
7. After the bids have been received and the bonds awarded,
the Mayor, City Manager and Clerk are hereby authorized and directed
to take all proper steps to have the bonds prepared and executed in
accordance with their terms and to deliver the bonds to the pur-
chaser thereof upon payment therefor.
8. No use of the proceeds derived from the sale of the
bonds shall be made which, if such use had been reasonably expected
on the date of issue of the bonds, would have caused the bonds to
be "arbitrage bonds" under Section 103(d) (2) of the Internal Revenue
Code of 1954, as amended, a,nd applicable regulations issued pursuant
thereto.
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9. The Clerk is hereby authorized and directed to see to
the immediate filing of a certified copy of this resolution with
the Circuit Court of the City of Virginia Beach.
''''"1
10. This resolution shall take effect immediately.
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a true
and correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach held April 16, 1973, and of
the whole thereof so far as applicable to the matters referred to
in such extract.
WITNESS my hand and the seal of the City of Virginia Beach,
ft.
Virginia, this ~ day of April, 1973.
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Clerk, City o~Virginia Beach,
Virginia :J
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ITEM #5779
On motion by Councilman Gardner, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
"j
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council voted to dispense with the regular meeting of April 23, 1973,
as it falls on Easter Monday, a legal holiday, and to hold in its place a
regular meeting on Monday, April 30, 1973, at 2:00 p.m.; Council further
voted to hold a Special Meeting on Apri~ 30, 19?3 at 1:00 p.m. for,the
receipt of bond bids and to hold a Speclal Meetlng on Tuesday, Aprll,17,
1973, for consideration of the proposed water contract between the Clty
of Virginia Beach and the City of Norfolk.
ITEM #5780
On motion by Councilman Malbon, seconded by Councilman Holland, and by
recorded vote as follows:
'Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
"-1
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved a reappropriation in the amount of $300,000. from
State school revenue to the current school budget of which $110,000. is
to implement the 45-15 school program from June 18 to June 30, 1973 and
$190,000. is to institute a book rental system in all elementary'schoo1s,
effective with the opening of the next school session.
ITEM #5781
On motion by Councilman Gardner, seconded by Councilman Callis, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
'~I Absent: Mayor Robert B. Cromwell, Jr:
The Erosion Commission recently authorized sand truck haul of
approximately 12,000 cubic yards from Rudee Inlet North to 42nd
through 45th Streets. The unit price of $2.09 per cubic yard was
established by competitive bids. Therefore, City Council reappropriated
$25,080. from monies received from the Federal Government ($85,000) to
.cover this sand haul operation.
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ITEM #5782
On motion by Councilman Ferrell, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
....,
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council adopted the following Resolution authorizing the City
Manager to enter into an Omnibus Crime Control and Safe Streets Act
federal grant program to improve the record keeping system in the City's
juvenile justice system:
RESOLUTION
1'(130
"i 0- '-
WHEREAS. the Omnibus Crime Control and Safe Streets Act of
1968, as amended, provides federal fund s to assist political subdivisions
of the various states in improving their respective Crimin'\l-l Justice
Systems in order to reduce or eliminate inadequacies; and
WHEREAS, there exists a need to improve the record keeping and
,.--
''''''1
data manageme.nt system in the City's Juvenile Justice System; and
\
WHEREAS, such a program designed to increase the efficiency and'
capability of the City's Juvenile Justice data management system will cost
approximately $98.000, of which the City's contribution will be approxi-
mately $15,000 of "in kind" service and approximately $10,000 in cash
over a 19 month period;
NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the City Manager .is hereby authorized and directed to cause
such information or materials as may be necessary to be provided to the
appropriate federal and state agencies to permit the formulation, approval
!'II"".',!"'
and funding of the aforementioned program.
AND BE IT FURTHER RESOLVED, that the Council of the City of
Virginia Beach gives its as surance that the fund s needed as the City's
~
proportionate share of the cost of the approved program will be provided.
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ITEM #5783
On motion by Councilman Holland, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
1''''ll'9'.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council approved the application of James Lindsey for a house movinl~
permit to move a one story frame residence 24'x34' from 5034 Virginia
Beach Boulevard, Bayside Borough, to Site C, 865 Newtown Road, Bayside
Borough. Estimated value after move and renovations $3,000. Approval
is subject to the housing moving regulations of the City of Virginia
Beach.
ITEM #5784
Mrs. Emily Klingenberg appeared on behalf of the residents of Shadow
Lawn area complaining about the contamination and pollution of Lake
Holly resulting from the placing of debris along the lake front
properties, which drifted into the lake, and the discharge of surface
water into the lake.
City Council listened to her complaint and instructed Mr. George L.
Hanbury, Assistant City Manager, to coordinate with Mr. Fleming and
.the interested parties in an effort to alleviate the situation.
!Pl'f"1
A point was raised concerning the ownership of property along the lake
as to just how far into the lake the property lines extended.
ITEM #5785
On motion by Councilman Payne, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F.
Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Mayor Robert B. Cromwell, Jr.
City Council noted its intention to hold a closed meeting on April l7th~
19th, and 30, 1973, for the purpose of discussing items permitted for
discussion under the Freedom of Information Act of the Commonwealth of
Virginia.
ITEM #5786
.- On motion by Councilman Gardner, seconded by Councilman Holland, and by
unanimous vote, the meeting adjourned.
\ >,</ (' /
· IIi/ ((".:t/YL{r {{r) ij
Richard J., Webbon, Ci ty Clerk
VI
City of Virginia Beach,
Virginia
April 16, 1973
d I
MINUTES OF TEE SPECIAL J'.IIITING
. 0 F THE
HONORABLE CITY COUNCIL
OF THI
CITY OF VIRGINIA BEACH, VIRGINIA
,April 17, 1973
A Special Meeting of the City Council of the City of Vi~ginia Beach,
Virginia was held in the Council Chambers of the Administration Building,
in the Borough of Princess Anne, on Tuesday, April 17, 1973, at 7:30 p.rn.~
in accordance with the notice herein contained and for the purposes set
forth ~s follows:
In accordance with the Code of the city of Virginia Beach,
Section 2-9, Mr. F. Reid Ervin, Vice Mayor, requests that a
Special Meeting of the Council of the city of Virginia Beach
be held in the Council Chambers, Administration Building,
Municipal Center, Princess Anne Station, Virginia Beach, Virginia,
at 7:30 p.m., Tuesday, April 17, 1973, for the purpose of dis-
cussing the water situation and the CZo.
...,../
Yours very truly,
~~lty?n. J~
Roge~ M. Scott
citv Manaqer
.o.....
COUNCILMEN PRESENT: John A. Baum
Robert H. Callis, Jr.
Mayor Robert B. Cromwell, Jr.
Vice Mayor F. Reid Ervin
George R. Ferrell
Charles W. Gardner
Clarence A. Holland
D. Murray Malbon
J. Curtis Payne ~
Donald H. Rhodes
Floyd E. Waterfield, Jr.
COUNCI UIEN ABSENT:
None
, .
to \-'
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I T E :.1 !; 5 7 8 7
Upon ~otion by Vice ~!ayor Ervin, seconded by Councilman Gardner, and by
recorded vote as follows:
AYES: Councilman John j\. Eaum
Mayor Robert B. CroDMell, Jr.
Vice Mayor F. Reid Ervin
Councilman Charles W. Gardner
Councilman D. Murray Malbon
Councilman J. Curtis Payne
NAYS: Councilman Robert H. Callis, Jr.
Councilman George R. Ferrell
Councilman Clarence A. Holland
Councilman Donald H. Rhodes
Couricilman Floyd E. Waterfield, Jr.
City Council adopted the Agreement offered by the City of Norfolk, with
the modification that the top of page two, the amendment sent to Mayor
Cromwell and Vice Mayor Ervin on April 17th, be substituted for the
language appearing at the top of page two in the agreement.
ITEM #5788
.......
Upon motion by Councilman Baum, seconded by Councilman Gardner, and by
recorded vote as follows:
'-'1
AYES: Councilman John A. Baum
Councilman Robert H. Callis, Jr.
Mayor Robert B. Cromwell, Jr.
Vice Mayor t. Reid Ervin
Councilman George R. Ferrell
Councilman Charles W. Gardner
Councilman Clarence A. Holland
Councilman D. Murray Malbon
Councilman J. Curtis Payne
Councilman Donald H. Rhodes
Councilman Floyd E. Waterfield, Jr.
."'.;{
NAYS: None'
City Council adjourned into. Executive Session at 8:15 p.m.
// '
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:f, Ii .l/i.. r>'-~..{~ !.(..~"h/
Richard J. Webbon, City. Clerk
ij
~/a7/~/4~/
Robert B. Crolmve 11, Jr. ,/Mayor
~
City of Virginia Beach,
Virginia
Special r-.leeting - 'April 17, 1973
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