SEPTEMBER 22, 1992 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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SEPTEMBER 22,1992
1. CITY MANAGER'S BRIEFINGS - Council Chamber - 2:00 PM
A. PUBLIC USE GOLF COURSE COMMMREES UPDATE
Susan D. Waiston, Director, Parks and Recreation
B. RECYCLING INITIATIVES AT LANDFILL 11
P. Wade Kyle, Administrator, Solid Waste
ii. CITY COUNCIL WORKSHOP
I CAPITAL IMPROVEMENT PROGRAM
FY 1992-93 - 1997-98
E. Dean Block, Director, Management and Budget
ill. INFORMAL SESSION - Council Chamber - 4:00 PM
A. CALL TO ORDER - Mayor Meyem E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyem E. Obemdorf
B. INVOCA@ON: Reverend Noah Stoltzfus
Landstown Community Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTLFICATION OF E)(ECUTIVE SESSION
F. MINUTES
I . INFORMAL & FORMAL SESSIONS - September 8,1992
G. PRESENTATIONS
1. CERTIFICATE OF RECOGNITION BY SISTER CITIES INTERNATIONAL
Dr. Hiroyuki Hamada, President, Japan Education Culture Center, Inc.
2. RABIES
Dr. Daniel Dickinson, Director, Virginia Beach Health Department
H. CONSENT AGENDA
All mafters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 . Resolution referring to the Planning Commission a proposed Amendment to Section 1 1 1
of the City Zoning Ordinance re definition of the term "family".
2. Resolutions requesting Virginia Department of Transportation establish new urban
system highway Improvement projects:
a. Wesleyan Drive from Yourlous Avenue to Baker, approximately 0.5 miles.
b. London Bridge Road from Shipp's Comer Road to International Parkway,
approximately 1.4 miles.
3. Resolution authorizing and directing the City Manager execute the Agreement for
Purchase of electric service by municipalities and counties of the Commonwealth of
Virginia from Virginia Electric and Power Company; and, Letter of Understanding from
\.rirginia Power to the City Manager.
4. Resolutions approving applications to the State Board of Education re loans up to a
maximum of $2,500,000 each, from the Literary Fund to the Virginia Beach @ool
Board:
a. Kempsville Area Middle School, Project #1-053
b. Ocean Lakes High School, Project #1-010
5. Ordinances granting Franchises re operation of Open Air Cafes:
a. Athena Enterprises, Inc., t/a King of the Sea Restaurant, 2612 Atlantic Avenue
b. Theme Restaurants, Inc., t/a 11 Glardino Ristorante, 91 0 Atlantic Avenue
6. Ordinanoe to APPROPRIATE $2,581,062 from FY 1991-1992 Fund Balance to the
School Pay-As-You-Go Capital Projects Fund re School Capital Improvement Program
needs.
7. Ordinance to TRANSFER $200,000 in the Fire Programs Fund re completion of
aoquisition of Computer Aided Dispatch System for all fire stations.
S. Ordinance appointing viewers in the petition of Thomas W. Godfrey, Sr. and Margaret
C. Godfrey for the closure of a portion of Bray Road (LYNNHAVEN BOROUGH).
9. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
BEACH TAXI, INC.
MAS SERVICES, INC.
10. Ordinance authorizing tax refunds in the amount of $1451.37.
RESOLUTION/ORDINANCE
1. Resolution authorizing the issuance and sale of $50,000,000 General Obligation Public
Improvement Bonds, Series of 1992, of the City of Virginia Beach, Virginia, providing for
the form, details and payment thereof; and, composed of the following authorizations:
1987 Recreation Facilities Referendum $ 8,000,000
1989 School Referendum 19,875,000
1990 Road Bonds 8,000,000
1990 Charter Bonds 14,125,000
2. Ordinance to TRANSFER $100,000 to Parks and Recreation CIP Project 4-596, Owl
Creek Boat Ramp, from Project 4-939, Neighborhood Parks Acquisition and
Development, re boat ramp improvements.
J. PUBUC HEARING
1. PLANNING BY CONSENT
a. Ordinances to AMEND and REORDAIN the City Zoning Ordinance re adult
bookstores:
(1) Section 1 1 1 re definition
(2) Section 901 re use regulations in Business Districts
(3) Section 1511 re use regulations in RT-2 Resort Tourist District
(4) Section 1521 re use regulations in RT-3 Resort Tourist DistrIct
Recommendation: APPROVAL
b. Ordinanoes to AMEND and REORDAIN the City Zoning Ordinance re use
rL,gulations for eating and drinking establishments:
(1) Section 901 re Business Districts
(2) Section 1001 re Industrial Dlstricts
(3) Section 1511 re RT-2 Resort Tourist District
(4) Section 1520 re RT-3 Resort Tourist District
Recommendation: APPROVAL
2. PLANNING - RECONSIDERATION
a. RECONSIDERATION OF CONDITION Number 2 in the December 18, 1990
Approved Application of JOSEPH M. BOYD for a Variance to Section 4.5 of the
Subdivision Ordinance which requires residential developers set aside a
percentage of the total land area for recreationavopen space purposes, to serve
residents of the development at the Southeast and Southwest intersections of
Baker Road and Aylesbury Drive (BAYSIDE BOROUGH).
Scheduled for Reconsideration: August 25, 1992
Recommendation: APPROVAL
3. PLANNING
a. Application of WILLIAMS HOLDING CORPORATION and JOSEPH E. and JACK
P. BURROUGHS for a Conditional Use Permit for sinale family homes in the AG-1
and AG-2 Aaricultural Districts on the Southwest side of Seaboard Road, 3500
feet more or less Northwest of Princess Anne Road, containing 264.62 acres
(PRINCESS ANNE BOROUGH).
Deferred: June 23, 1992
Recommendation: DENIAL
K. UNFINISHED BUSINESS
1. NATIONAL LEAGUE OF CITIES
Designation of Voting and Altemate Voting Delegates
1992 Annual Conference
Deferred: September 1, 1992
L. NEW BUSINESS
1. Resolution supporting the efforts of the Health Department to educate the public re the
Statewide rabies epidemic.
(Sponsored by Councilmen John A. Baum and Paul J. Lanteigne)
2. Resolution establishing a Legislative Committee for the purpose of making
recommendations to City Council re the City's Legislative Package.
(Sponsored by Councilman James W. Brazier, Jr.)
3. Ordinance to repeal the April 9, 1991 adopted Ordinance approving rezoning of certain
property in the name of W. W. Oliver, Jr. re land use assessment subjected to roll-back
taxes. (Sponsored by Councilman John A. Baum)
4. Ordinance to AMEND and REORDAIN Section 28-5 of the Code of the City of Virginia
Beach, Virginia, re installment, et cetera, payment of line fees.
(Sponsored by Councilmen Louis R. Jones and Paul J. Lanteigne)
M. ADJOURNMENT
- CITY COUNCIL PUBLIC HEARINGS
OCTOBER 8,1992 Capital Improvement Program 7:00 PM
(Princess Anne High School)
NOVEMBER 10, 1992 Formal Session 2:00 PM
(Capital Improvement Program)
If you are physically disabled, hearing or visually Impaired
and need assistance at this meeting,
please call DONNA JOHNSTON at 427-4283 VOICE OR TDD by MONDAY 9:00 AM
9/17/92mim/cmd
AGENDA\9-22-92.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 22, 1992
Mayor Meyera E. Oberndorf called to order the CITY @AGER'S BRIEFINGS of the VIRGINL4
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 22, 1992,
at 2:00 P.M.
Council Members Present.
John A Baum, Linwood 0. Branc,% ill, James W. Brazier, Jr., Robert
W. Clyb-?4 Robert K Dea?4 Louis P- Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and rzce Mayor
William D. Sessot=, Jr.
Council Members Absent.
None
- 2 -
CITY MANAGER'S BRIEFING
PUBLIC USE GOLF COURSE COMMI7TEE UPDATE
2:00 PM.
ITEM #36048
Susan D. Waiston, Director of Parks and Recreation advised since the City Council accepted the Staff
Review Committee Response to the Report of the Public-Use Golf Course CommiUee, the Deparbnent
of Parks and Recreation has continued an extensive needs and assets evaluation of its golf course
operations. 77te main objective of this evaluation is to identify additional proactive methody for promotion
and enhancing efficient, effective and equitable operations at all City golf courses. To achieve this
objective, the Department has actively managed a diverse network comprised offinancial experts and golf
professionals.
7'he Departinent, in concert with the Staff Review Committee, has had several meetings with diverse
groups including the National Golf Foundation; United States Golf Association; Golf Associations
affiliated with City courses; and golf professionals from various military, private and other municipal golf
courses in the area. 77zese meetings have been extremely beneficial in identifying state-of-the-art
technologies and emerging trends that will continue to have an impact on the City's golf courses for an
extended period of time. A Plan of Action has been developed that addresses:
Golf Course Maintenance and Improvement
Personnel Positions and Responsibilities
Golf Course Pokcies and Procedures
Customer Service
Pages 9 thru 14 of said report identify the timetable for Golf Course Maintenance and Improvement for
all three existing golf courses based on USGA GOLF COURSE recommendations.
Concerning Bow Creek, an architect has been selected and a contract is currently being negotiated to
pravide a Master Renovation Plan. 7his comprehensive approach, supported by USGA and NGF, will
include an analysis of existing conditions, golfer demand, specific actions required for renovation, and
a construction phasinglijnplementation strategy. All contract terms are expected to be finalized by October.
7'he extent of course renovation is a policy issue to be determined once the infor7nation needed to evaluate
cost benefit is available. 7he cost benefit analysis would include green reconstruction previously proposed
to begin in the Spring of 1993 and the impact of the delay of the Plaza Drainage Project.
A Master Irrigation Plan for Red Wing will be established after ownership is resolved At this time, staff
are proceeding with general maintenance and improvement projects including: a three -point fertilization
program; lightweight walk-behind equipment for green mowing; straight sand topdressing program on
greens; tree removal program; upgrading sprinkler heads; initial planting of bentgrass, zoysiagrass and
vamont bermuda grass nursery, an4 restoring greens to their original size.
A maintenance and beautification program has been initiated in Kempsville Greens. Current activities
include iinplementing a three-point fertilization progran4 straight sand topdressing program on greens,
lightweight walk-behind equipment for green mowing and tree removal program.
Concerning Personnel Posifions and Responsibilities, both the PUGCC Report and the Staff Review
Committee Response to that report justified the need of a Golf Course Manager. 7he department is
creating this position without adding a new FTE to the woraforce. 7his position will report to the Director
of Parks and Recreation and will have the responsibility and authority to oversee all municipal golf
courses. Contracts have been reviewed with the Golf Professionals and will be revised to better reflect
management responsibility and authority. Finalization will occur after the Golf Course Manager is
employed. It is conceivable that arrangements may vary among city-owned golf courses.
September 22, 1992
- 3 -
CITY MANAGER'S BRIEFING
PUBLIC USE GOLF COURSE COMMI7TEE UPDATE
ITEM #36048 (Continued)
Regarding Golf Course Policies and Procedures, the department implemented a golf card and a greens
fee increase effective July 1, 1992. Since this inception, a total of 354 cards have been sold for a total
revenue generated of $8,835. 00. Recreation Facifity Cards purchased after June 30, 1992, will not afford
privileges at golf courses. Green fees will again increase by $1.00 for 18-holes and $.50 for 9-holes at
the beginning of the next golfing season starting April 1, 1992.
Ihe percentage of Discounted Play at all three courses is appraximately 60 percent of golf course
revenue. 7his necessitates further evaluation of requirements and numbers of individual discounts granted
Golf course discounts should be geared toward Pirginia Beach residents. In addition, they should be
assessed to insure that they at least match the annual cost per round
The possibility and practicality of implementing an autonwted tee time reservation system is being
considered Prior to making a final decision, golf professionals who currently use or did use a tee ame
reserradon system will be contacted in order to determine how satisfied they are with the system, the type
of system they use, @ct on productivity and revenue, and potential problems. 77;e feasibility of
increasing tee dme intervals from eight minutes to ten minutes is being researched 7he decision to
increase tee time intervals will be based on the following: purpose for increase (i. e. reduce congestion);
potential loss in revenue; and other relevant issues.
Several options designed to obtain user input have been identi)7ed in regard to Customer Services:
Holding an Annual Public Meeting in March for the purpose of
presenting an annual repor4 financial review andprogram outline for the
upcoming year.
Conducting a user analysis survey based on in -person interviews at each
golf course in September.
Create an Advisory Golf Course CommiUee as a subgroup of the Parky
and Recreation Commission.
Ihe Department is reviewing all Golf Course Associations' bylaws to evaluate the purpose and benefits
the Associations provide to the City and how the city reciprocates.
Garland Payne, Chairman - Parky and Recreation Commissiop4 has named six members to the
ADVISORY GOLF COURSE COMMI7TEE:
Chairawn Bob Hicks
Dan Brockwefl
Jim Darden
Donald Lee
Hank Pezzella
Paul West
Page 5 of said report cites the Timetable for Plan of Action.
As of June 30, 1992, the retained earnings in the Golf Course Enterprise Fund is approxitmtely
$688,000.
September 22, 1992
- 4 -
CITY MANAGER'S BRIEFING
RECYCLING INITL4TIVES AT LANDFILL H
ITEM #36049
2:40 PM.
P. Wade Kyle, A&ninistrator - Solid Waste, advised approximately 40,000 tons a year is being recycled
Primarily the twenty (20) drop -off centers, newspaper recycling at the public schools and the yard waste
recycling door-to-door save tipping fees of approximately $1 -MILLION a year. Two employees work
7-days a week on the recycling bins.
Relative the drop-off centers, the materials are delivered to the City's landfill and put into rofl-off
containers that are contracted outfor hauling directly to markets, which the City must locate. 7he cost
of this hauling and continually locating markets for this material makes this costprohibitive. 7he Requests
for Proposals have been forwarded to determine existing firms within the private sector, which could enter
into a publiclprivate partnership with the City and be willing to operate a facility at the Landfill and build
a small transfer type facility, then take this material and find their own markets and pay the City back
per ton. Included within this RFP was whether the firms would be willing to take materials from the
private sector. 77ie City was successful and found a firm which has operated twenty (20) centers in North
America and Europe since 1982. 7he City is still in a negotiation stage. 77ie process involves simply
taking any materials at the Landfill and processing them in a small facility, being responsible for delivery
of the materials to market and paying the City back an agreed price per ton for each of the type of
materials. 77ie Contract will be SCHEDULED for a future City Council Session.
7he cost of imbedding rubber tires in ayphalt for roadbeds is approximately $60.00 a ton while asphalt
can be purchased for $24 a ton. 7herefore, it is still cost prohibitive per mile to utilize the tire method.
In 1985, the City Council APPROVED a contract to recover the methane gasfrom the City@ Landfill and
generate same into natural gas for sale into the private sector. In 1988, this project was changed from
generating natural gas to generating electricity, as the natural gas market had gone so low. 7he plant
went on line in April 1989 and generated $150,000 in revenue to the citlens of Virginia Beac,% but only
stayed on line for fifteen months. 7he plant went down in 1990. A reasonable amount of time was given
to correct the malfunction of the plant,- however, this was never accomplished 7hey were officially notified
in accordance with the agreement that they were in default. 7he official final notice of default was given
to the firm on April 20, 1992. 77ie plant had expended $12-MILLION in Virginia Beach in installing this
facility. Mr. Kyle received approval from the City Attorney @ Office to proceed with new Requests for
Proposals for a firm to either renovate this existing facility or establish a new facility in this building.
September 22, 1992
- 5 -
CITY COUNCIL WORKSHOP
C4PITAL IMPROVEMENT PROGRAM
3:00 PM.
ITEM #36050
E. Dean Block, Director - Management and Budget, distributed A POLICY REPORT TO THE CITY
COUNCIL ON THE SUBJECT OF POTENTL4L FUNDING ALTERNATIVES FOR THE STORM
WA7ER MANAGEMENT PROGRAM FOR THE CITY OF P7R[GNL4 BF.4CH, VIRGINL4. Mr
Block advised in October 1991, the City Council received a report entitled ENVIRONMENTAL UTILITY
IMPLEMENTATION PROJECT FOR THE CITY OF l,7RGINL4 BE,4CH, VIRGINL4. Given the
complexity of the issue and the need for citizen feedback, the Council appointed a citizen commiuee to
study the issues of storm water management financing for Virginia Beach. 77ie work of that commiuee
is complete and action by the Council is desirable to provide direction for storm water capital financing
and iinplementation of the Federal National PoUution Discharge Elimination System (NPDES) permit.
Six possible alternative course of action are outlined for City Council consideration. 7hese are:
Ignore the federal mandates and continue storm water management at
the present limited level.
Absorb cost of needed minimum mandate activities within existing City
resources and provide other storm water management activities as
resources permit.
Provide for a Umited storm water management program through a real
esWe property tax increase.
Provide for a fuU storm water management program through a real
estate property tax increase.
ProWde for a Umited storm water nwnagement program through
establishment of a storm water nwnagement utility.
Provide for a fuU storm water nwnagement program through
establishment of a storm water management utility.
7he City's storm water management program combines current city storm water initiatives and activities
with the requirements of the Clean Water Act NPDES reguladons. 77ie program incorporates the
elements of development related ordinances, operation and maintenance of the storm water system, capital
iinprovement projects, storm water quantity and quality masterplanning, discharge testing and monitoring,
other current activities and required new activities. A vital component of the program is funding.
7'he alternative to ignore Federal Mandates has been considered by other localities, relative to Federal
National Poflution Discharge Efimination System (NPDES) requirements. 77tis alternative has serious
constraints as follows: Failure to comply with NPDES requirements can carry administrative penalties
of $10,000 to $25,000, and criminal penalties up to $50,000 per day and imprisonment, or both. While
local governments are restive about the mandate without resource issue, all local governments have
complied with permit requirements, thus far and there is no wide-spread consensus to unite in a non-
compliance movement. In Ilirginia, monitoring of compliance with the federal regulations is carried out
by the State Water Pollution Control Board. Non -compliance could car?y costs in state actions relative
to related environmental issues and funding for the City.
To absorb cost of meeting minimum mandated operations, maintenance, monitoring, testing and a limited
capital program are contained within the report. Certain costs for NPDES permit activities through June
1993 are proposed to be funded in the Capital Improvement Program project for the National Poflution
Discharge Ehmination System permit application.
September 22, 1992
- 6 -
CITY COUNCIL WORKSHOP
CAPITAL IMPROVEMENT PROGRAM
ITEM #36050 (Continued)
Tofund increased operational and capital costs would require $2,231,945 in reductions to otherprograms
within the Departonent of Public Works or other departinents for FY 1993-94. In that a large portion of
these costs are highway maintenance crews, resource shifts could significantly reduce higher visible
services such as roadway maintenance. Storm water program increases needed by the third year, if
absorbed within existing resources, could require other activities to be completely discontinued In
addition, because there currently is no budgeted storm water capital projects, these costs could only be
met through revenue increases or fiirther reductions in other project categories of the Capital
Improvement Program.
Providing a limited program through tax increase would provide operational costs and @ing for the
smaller number of capital projects. In that current revenue sources include funding for $4,270,733 of the
neededfirst year costs of $6,502,678, additional tax effort would be neededfor the balance of $2,231,945.
7his translates to a realproperty tax increase of approximately 1.4 cents in thefirst year of theprogram.
Ais assumes that no reductions would be made in resources currently in place which are used to meet
storm water management mandates, regardless of other budgetary considerations.
Providing a fufl program through tax increase would translate to a real propeny tax increase of
appro.ximately 2.3 cents in the first year of the program. 77iis alternative was not supported by any
member of the Citizens Commiuee.
77ie alternative ofproviding a hmited program through utinty would provide operational costs, customer
service and billing costs and the cost of a smaller number of capital projects through a storm water
management udhty fee. To pravide this level of service would require a monthly rate of $2.45 per
equivalent residendat unit. 7hat is $2.45 per single family residence and a multiple of that amount for
non-residential properties and multi-family residential properties, based on the contribution a property
makes to storm water runoff in the City.
7'he last alterative to provide a fug program through utility would provide operational costs, billing and
customer service costs and funding for all currently identified storm water management needs through a
storm water Hmnagement atifity fee. To provide this level of service would require a monthly rate of
$3.17 per equivalent residenticd unit. 77iat is, $3.1 7 per single family residence, and a multiple of that
amount for non -residential properties and multi-family residentia4 based on the contribution a property
makes to storm water runoff in the City.
77ie National PoUutant Discharge Elimination System regulations for the permitting of municipal and
certain industrial storm water discharges became effective in November 1990. 7he regulations established
a two part permit application process for local governments. 7he City of Virginia Beach submitted Part
I of its application on schedule in November 1991 and is prepared to submit Part II of the application
in November 1992. 7he permit application being prepared anticipates beginning to respond July 1, 1993.
7he permit must advise the Federal Government how the City intends to finance the program. A fee can
be charged to Federal and State Properties, if it does not meet the definition of treating its own water.
Each would have to be investigated on an case-by-case basis.
Information regarding fees to Federal and State Properties by the City of Norfolk will be provided
Mr. Block advised the recommended course of action is to adopt a storm water nwnagement utilfty fee.
7his could be through acceptance of either the alternative of a limited program through storm water
management utility with a monthly ERU rate of $2.45 or a full program through storm water management
utility with a monthly ERU rate of $3.1 7. 77iis is a user fee and consistent with the comments regarding
limiting the dependency on the property tax. It meets the revenue diversification goals that have been
established and a new revenue source goal that has been established by the Council as part of the policy
area review. 77iis fee is consistent with other Hampton Roads localities. 7he Cities of Norfolk and
Portsmouth have these fees in place. 7he Chesapeake City Council received a report concerning the
feasibility of a user fee. 77tese fees either for the limited or fuU program, would be significantly lower
than those iinplemented or proposed in other cities. 77ie $3.1 7 fee would generate $6-MILLION.
September 22, 1992
- 7 -
CITY COUNCIL WORKSHOP
CAPITAL IMPROYEMENT PROGRAM
ITEM #36050 (Continued)
Mr. Block advised this fee will be collected by an annual bill to the property owner (not the tenant);
therefore, the existing utility billing system cannot be utilized 7he property owner wiU have the option
ofpaying this fee annually or on a quarterly basis. 7he City of Norfolk is billing the owners, (at one time
Norfolk was billing the resident). Chesapeake is proposing to bill the owner. Mr. Block will advise
conceming the advantages and disadvantages to billing the resident versus billing the owner and also the
amount of funds the City would be collecting if they were to charge themselves for the publicly held
iinpervious service.
Phase I of the permiuing process entailed a cost of $675,000 enabling the City to perform an inventory
of the City's storm water system, the pollutant contents, preparation of a report and the rudiments of a
plan for Phase II. 7hus, enabling compliance with the regulations met the deadline mandated by the EPA.
Mr.Block displayed the following schedules:
PROPOSED SCHEDULE
FOR COUNCIL ACTION ON POTENTL4L STORM WATER UTILITY
October 8 Public comment on Storm water Management Utility,
as part of Public Hearing on Proposed Capital
Improvement Program for FY 1992-9311997-98
October 8 -
November 10 Council discussion at Workshop as desired
November 10 Public Hearing and First Reading on CIP and, if
desired, on Storm water Management Utility
November 24 Second Reading on CIP an4 if desired, on Storm water
Management Utility
IF STORM WATER MANAGEMENT UTILITY IS APPROYED ON NOYEMBER 24,1992,
THE FOLLORYNG SCHEDULE WOULD BE FOR IMPLEMENTATION OF UTILITY
December 1, 1992 Negotiate contract amendment for completion
of field verification of impervious area
January 1, 1993 Begin verification of impervious areas of properties
in city
May 31, 1993 Compete verification of impervious areas to include
loading of data in billing system
June 15, 1993 Generate and mail first Stormwater Management Utility
bill for billing period beginning 711193
July 1, 1993 Fully implement utility
7he WOPKSHOP for October 6, 1992, will entail the Schools portion of the CAPITAL
IMPROYEMENT PROGRAM.
Septe@er 22, 1992
- 8 -
ITEM #36051
Mayor Meyera E. Oberndorf called to order the INFORAL4L SESSION of the VIRGINL4 BF,4CH
COUNCIL in the Council Chamber, city Hall Building, on Tuesday, September 22, 1992, at 4.18 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dea@ Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessotm, Jr.
Council Members Absent.-
None
September 22, 1992
9 -
ITEM # 36052
Mayor Meyera E. Obemdorf entertained a motion to permit City council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1 -3444, Code of Virginia, as amende4 for the following purposes:
1. PERSONNEL MA - Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointinent,
promotio@ perfor?nance, demotion, salaries, disciplining, or resignation
of speci)7c public officers, appointees, or employees pursuant to Section
2.1-344 (A (1).
To-Wit.- Appointrnents - Hampton Roads Planning District Commission
Historical Review Board
Transportation Safety Commission
2. PUBLICLY-HELD PROPERTY.- Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the f 4ture of an
institution which could affect the value ofproperty owned or desirable for
awnership by such institution pursuant to Section 2.1 -344(A) (3).
To-Wit: Acquisition of Real Estate for Recreational Pu?poses - Bayside
Borougk
Acquisition of Real Estate for Recreational Purposes- Princess Anne
Borough
3. LEGAL MA7TERS: Consultation with legal counsel or briefings by
staff meinbers, consultants or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1 -344 (A) (7).
To - Wi t: Legal Advice - Agenda Item L.3 - Repeal of Zoning Ordinance
Legal Advice - Agenda Item J. I.A - Zoning Ordinance for Adult
Stores
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Clyburr; City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert
W. Clyburm Robert K Dea?4 Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessona, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
- 10 -
FORMAL SESSION
YIRGINL4 BF,4CH CITY COUNCIL
September 22, 1992
6:00 PM.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the YIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 22, 1992, 6:00 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branck 111, James W Brazier, Jr., Robert
W Clybury; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessonts, Jr.
Council Members Absent.-
None
INVOCATION.' Reverend Noah StolLfus
Landstown Community Church
PLEDGE OF ALLEGL4NCE TO THE FL4G oF THE uNiTED s TA TEs oF "EgicA
September 22, 1992
Item IV-EL
CER77FICATION OF
EXECUTIVE SESSION
ITEM # 36053
Upon motion by Councibnan Clybur?; seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certi)7cation resolution applies;
AIVD,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City CounciL
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert
W Clybur?4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndolf, Nancy K Parker and Vice Mayor
William D. Sessonts, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, IM
4i,
#tt,ontuttott -
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 36052,
Page No. 9, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were beard, discussed or considered by Virginia
Beach City Council.
@th Hodges -%ith, CMC/AAE
City Clerk September 22, 1992
- 12 -
Item ly-El.
MINUTES ITEM # 36054
Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council APPROYED THE
Minutes of the INFORMAL AND FO SESSIONS of September 8, 1992.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branct% III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoiw, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
- 13 -
item Iv-E2,
AAWOUNCEMENT ITEM # 36055
Mayor Oberndo?f recognized the following Scouts in attendance to earn thier Badge in Citizenship:
TROOP 12
Karl Bogou
Assistant Scout Master
Trevor Gatlin
Brad Seeley
77iontas Jillson
Charles DuBois
John DuBois
Zac Howland
Steven Bristow
Biran Smith
Billy Smith
CharUe Dickerson
Matt Lane
TROOP 496
Roy C. Berry
Jeff Phillips
September 22, 1992
- 14 -
item IV-G.I.
PRESENTATIONS ITEM # 36056
Dr. Hiroyuki Hamada, President - Japan Education Culture Center, Inc. presented to the Mayor and City
Council.-
CER77FICATION OF RECOGNITION
BY SISTER CITIES INTERNATIONAL
7his Charter recognizes the con@bution to international understanding demonstrated by their community
affiliation with Miyazaki City, Japan.
Miyazaki City is auempting to send next year a delegation in conjunction with the 77tirtieth Anniversary
of the City of Virginia Beach. Irtrignia Beach is sending three athletes to the Visually Impaired
Intemadonal Marathon in Miyazaki City. Transportation costs will be provided by Miyazaki City.
September 22, 1992
- 15 -
Item Iv-G.2
PRESENTATIONS ITEM # 36057
Dr. Daniel Dickinsor; Director - Virginia Beach Health Deparonent, advised due to Public Health efforts
rabies has become a rare disease in Humans. Approximately 47 persons in the United States died of
Rabies in 1938. 77iis disease effects fewer than two Americans per year now. 7he decline in human rabies
was largely due to the development of a vaccine which protects hu?wns after they have been bitten and
due to enforced vaccination of dogs beginning in the 1940's resulting in a decline in the national rate of
canine rabies from 10, 000 per year to less than 200 per year. Despite the decline in rabies among dogs
and humans, rabies is still common among wild ani?nals, particularly in the Mid-Atlantic States. In the
Commonwealth of ;rzrginia, over 1,000 rabid anitnals have been identified since 1988. 7he Virginia beach
Health Department has identified three rabid raccoons during the past month (2 in the Pungo area and
one in the Blackwater area). A total of four humans and three dogs were bitten by these three raccoons.
7here is no effective way to control rabies in wild animal populations. Rabies is well established in the
raccoon population and poses a serious health rislr 77ie Health Departinent response has focused on
educating the public to protect thenuelves and their pets fi-om rabies. Initially, the Health Departinent
organized a Community awareness campaign involving local newspapers, television and radio stations.
Warnings were issued that rabies is common in many wild animals and residents need to avoid contact
with wild animals, stray dogs and cats. Residents protect their pets and valuable domesticated anitnals
by rabies vaccination and by confining pets to their property. Residents need to report animal bites to the
Health Department and see their physician immediately.
Health Department and Animal Control staff met and agreed to annul any relocation from one Part of the
City to another for fear of introducing sick raccoons into healthy raccoon populations. Local physicians
were mailed an update on protocols for treatment of persons exposed to rabid anitnals. Local
veterinarians were mailed updates on rabies testing and vaccination protocols for pets. Health Department
Staff and several local veterinarians held a rabies vaccination clinic on September Tenth in which 495
animals were vaccinated Similar clinics are planned for October Tenth.
Last week, officials from the City Council, the Health Department, the Department of Agriculture,
Agriculture Extension Service and the Veterinarian Community met and developed a plan to educate
residents by distributing brochures on rabies in schools, by attaching brochures to City survey forms
currently being distributed and by sponsoring a presentation on rabies in four Virginia Beach schools by
entertaining rabies specialists from the Norfolk Health Department. 7his presentation will be fibned on
September Twenty-ninth and aired on MCN 29. A forum will be organized among Health Departinent
Staff, animal control staff andprofessional wildlife rehabilitators for discussion of the ways to control the
rabies epidemic.
September 22, 1992
- 16 -
Item IV-1-H.
CONSEA7 AGENDA
ITEM # 36058
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Clyburp4 City Council APPROVED in
ONE MOTION It- 1, Z 3, 4, 5 (AS "ENDED), 6, 7,8, 9 and 10 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W Brazier, Jr., Robert
W Clyburn, Robert K Dea@ Louis R Jones, Paul J. Lanteigne, John D.
Moss,* Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
*Councilman Moss ABSTA[NED on item H.3 of the CONSENT AGENDA as he possesses more than
$10,000 worth of Dominion Resources Stock.
September 22, 1992
- 17 -
item IV-I-H.I.
CONSENT AGENDA ITEM # 36059
Upon motion by Vice Mayor Sessoiw, seconded by Councibnan Clyburn, City Council ADOPTED:
Resolution referring to the Planning Commission aproposedamendment
to Section 111 of the City Zoning Ordinance re definition of the term
'fa-ily
Voting. 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburt4 Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
WtUiam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Non e
September 22, 1992
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION A PROPOSED
3 AMENDMENT TO SECTION 111 OF THE CITY
4 ZONING ORDINANCE, PERTAINING TO THE
5 DEFINITION OF THE TERM FAMILY
6 WHEREAS, Section 15.1-486.3 of the Code of Virginia
7 provides that for purposes of locally adopted zoning ordinance, a
8 residential facility in which no more than eight mentally ill,
9 mentally retarded or developmentally disabled persons reside, with
10 one or more resident counselors or other staff persons, and
11 licensed by the Department of Mental Health, Mental Retardation and
12 Substance Abuse Services, shall be considered for all purposes
13 residential occupancy by a single family; provided, however, that
14 mental illness and mental developmentally shall not include current
15 illegal use of or addiction to a controlled substance as defined in
16 Section 54.1-3401 of the Code of Virginia; and
17 WHEREAS, Section 111 of the City Zoning ordinance,
18 pertaining to the definition of the term "family," does not contain
19 the aforesaid provisions;
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 That there is hereby referred to the Planning Commission
23 for its consideration and recorainendation, a proposed amendment to
24 Section 111 of the City Zoning ordinance, pertaining to the
25 definition of the term "family." A true copy of such proposed
26 amendment is hereto attached.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on this 221,d day of September 1992.
29 CA-4076
30 FAMILY.RES
31 R-1
1 AN ORDINANCE TO AMEND AND
2 REORDAIN ARTICLE 1, SECTION 111
3 OF THE CITY ZONING ORDINANCE
4 PERTAINING TO THE DEFINITION OF
5 THE TERM FAMILY.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 111 of the City Zoning Ordinance is hereby
9 amended and reordained to read as follows:
10 Family. A "faMilY" iS:
11 (a) An individual living alone in a dwelling unit; or
12 (b) Any of the following groups of persons, living together and
13 sharing living areas in a dwelling unit:
14 (1) Two (2) or more persons related by blood, marriage,
15 adoption, or approved foster care;
16 (2) A group of not more than four (4) persons (including
17 servants) who need not be related by blood, marriage,
18 adoption or approved foster care;
19 (3)
20 suEEegate paeents) undee appeeved ruper-;;igign ef ei
21 the depar-tfaent et Faefita4: health and ffiefital=
22 the depaEtmeRt af see!&! ------*eer.; A group of not more
23 than eight (8) mentally ill, mentally retarded or
24 developmentallv disabled persons residin2 with one or
25 more resident counselors or other staff ns and
26 licensed by the Department of Mental Health. Mental
27 Retardation and Substance Abuse Services; Proviicdledu, vtihiaLtL
28 mental illness and developmental disability shall not
29 include current illegal use of or addiction to a
30 controlled substance as defined in section 54.1-3401 of
31 the Code of VirginiaL
32 (4) A group of not more than two (2) adults, who need not be
33 related by blood or marriage, and the dependent children
34 of each of the two (2) adults, provided that the children
3 5 are under nineteen (19) years of age or are physically or
36 developmentally disabled.
37 Adopted by the Council of the City of Virginia Beach, Virginia
38 on the day of , 1992.
39 CA-4444
40 \ordin\proposed\45.111.pro
41 R-1
2
- 18 -
Ite,m IV-I-H.2
CONSEAIT AGENDA ITEM # 36060
Upon motion by Vice Mayor Sessotm, seconded by Councilman Clyburn, City Council ADOPTED.-
Resolutions requesting Virginia Department of Transportation establish
new urban system highway iinprovement projects:
Wesleyan Drive from Yourlous Avenue to Baker Road, approximately 0.5
miles
London Bridge Road from Shipps's Corner Road to International
Parkway, approximately 1.4 miles.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert
W Clyburr; Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 1992
PROJECT PROGRAMMING RESOLUTION
WHEREAS, in accordance with virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program an urban highway project in the City of virginia
Beach; now
THEREFORE BE IT RESOLVED, that the Council of the City of
Virginia Beach, Virginia requests the virginia Department of
Transportation to establish an urban system highway project for the
improvement of Wesleyan Drive from Yourlous Avenue to Baker Road,
a distance of approximately 0.5 miles.
BE IT FURTHER RESOLVED, that the Council of the City of
Virginia Beach hereby agrees to pay its share of the total costs
for preliminary engineering, right-of-way and construction of this
project in accordance with Section 33.1-44 of the Code of virginia,
and that, if the City of Virginia Beach subsequently elects to
cancel this project, the City of Virginia Beach hereby agrees to
reimburse the Virginia Department of Transportation for the total
amount of the costs expended by the Department through the date the
Department is notified of such cancellation.
HOWEVER, the Council of the City of virginia Beach agrees to
the terms of the preceding paragraph only if a companion project
between the Virginia Department of Transportation and City of
Norfolk is concurrently programmed for that portion of Wesleyan
Drive located within the City of Norfolk thereby extending Wesleyan
Drive from Yourlous Avenue to Northampton Boulevard.
BE IT FURTHER RESOLVED THAT, if the virginia Department of
Transportation is not successful in programming the companion
project with the City of Norfolk within twelve (12) months, this
resolution shall be null, void, without legal effect and without
any liability for reimbursement of costs expended by the
Department.
Adopted this 22 day of September 1992
City of Virginia Beach, Virginia
ATTEST
Clerk of Coun Mayor/Manager
nfe
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WESLEYAN DRI
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SCALE: l'y 1 600 9
PROJECT PROGRAMMING RESOLUTION
WHEREAS, in accordance with Virginia Department of Transportation
construction allocation procedures, it is necessary tilat a request by council
resolution be made in order that the Department program an urban highway project
in the City of Virginia Beach; now
THEREFORE BE IT RESOLVED, tliat tlie Council of the City of Virginia Beacli,
Virginia requests the Virginia Department of Transportation to establish an urban
system highway project for the improvement of London Bridge Road from Shipp's
Corner Road to International Parkway, a distance of approximately 1.4 miles.
BE IT FURTHER RESOLVED, tliat tlie Council of tlie City of Virginia Beach
hereby agrees to pay its share of the total costs for preliminary engineering,
right of way and construction of this project in accordance with Section 33.1-44
of the Code of Virginia, and tliat, if the City of Virginia Beacti subseqtlently
elects to cancel this project, the City of Virginia Beacli liereby agrees to
reimburse the Virginia Department of Tralisportation for the total amount of tlie
costs expended by the Department tlirougli tlie date tlie Departmetit is notified of
such cancellation.
APPROVI-R Adopted tliis day of 1992
LEGAL,@ju,L-,
I I
City of Virginia Beach, Virginia
,%ST,
BY
Mayor/Manager
DON BRIDGE ROAD
ABO ISIE[I
)cci
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- 19 -
Item IV-I-H.3.
CONSENT AGENDA ITEM # 36061
Upon motion by Yzce Mayor Sessoms, seconded by Councibnan Clyburn, City Council ADOPTED.
Resolution authorizing and directing the City Manager execute the
Agreement for Purchase of electric service by municipalities and
counties of the Commonwealth of Virginia from Virginia Electric and
Power Company; and, Letter of Understanding from Pi-rginia Power to
the City Manager.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc.% III, James W Brazier, Jr., Robert W
Clyburt; Robert K Dea?4 Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and rice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John D. Moss
Council Members Absent.-
None
*Councilman Moss ABSTAINED on Item H.3 of the CONSENT AGENDA as he possesses more than
$10,000 worth of Dominion Resources Stock.
September 22, 1992
APPR(@IVED AS r(--, L'cCiAL
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MA.NAGER TO EXECUTE THE AGREEMENT FOR THE
3 PURCHASE OF ELECTRIC SERVICE BY MUNICIPALITIES
4 AND COUNTIES OF THE COMMONWEALTH OF VIRGINIA
5 FROM VIRGINIA ELECTRIC AND POWER COMPANY AND
6 LETTER OF UNDERSTANDING
7 WHEREAS, the contract pursuant to which the City
8 purchases electric service from Virginia Electric and Power Company
9 (hereinafter referred to as Virginia Power) expired as of June 30,
10 1991; and
11 WHEREAS, the City, through its representation on a
12 Steering Committee composed of members of the Virginia Municipal
13 League (VML) and Virqinia Association of Counties (VACO), has been
14 engaged in negotiating a new contract with Virginia Power; and
15 WHEREAS, the Steering Committee has recommended approval
16 of a new contract between Virginia Power and the individual
17 localities comprising VML and VACO; and
18 WHEREAS, Virginia Power has also tendered to the City a
19 letter of understanding supplementing the terms of the aforesaid
20 contract; and
21 WHEREAS, the proposed contract and letter of
22 understanding set forth rates, terms and conditions of electric
23 service which are fair and equitable, such that it is in the best
24 interests of the citizens of the City to enter into such contract,
25 as supplemented by the letter of understanding;
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28 That the City Manager be, and hereby is, authorized and
29 directed to execute, on behalf of the City, the document entitled
30 "AGREEMENT FOR THE PURCHASE OF ELECTRIC SERVICE BY MUNICIPALITIES
31 AND COUNTIES OF THE COMMONWEALTH OF VIRGINIA FROM VIRGINIA ELECTRIC
32 AND POWER COMPANY," dated March 20, 1992, and the letter of
3 3 understanding from virginia Power to the City Manager, dated August
34 17, 1992.
35 Adopted by the Council of the City of Virginia Beach on the
3 6 22 day of September , 1992.
37 CA-92-4825
38 /wmordres/vap.agm
39 R-1
2
WILLIAMS, MULLEN, CHRISTIAN & DOBBINS
AT L.@
M E M 0 R A N D U M
NOV
TO: VML/VACO Virginif Power Steering Conunittee
FROM: Howard Dobbins
@
DATE: November 22, 1991
RE: Report on Revenue Negotiations
This is to report to the Committee the settlement of the
revenue requirement which will be the basis of the three-year
contract with Virginia Power.
On November 8, the Committee directed counsel to continue
negotiations in an effort to obtain the best possible terms but,
if unable to achieve further deductions, to conclude negotiations
on the basis of no increases in basic rates for years one and two
and no more than $6 million increase in year three for the entire
class of municipals and counties.
Up until yesterday, although we had been successful in
reducing the third year increase to $4 million, I was not satis-
f ied that that was the least increase that could be negotiated.
However, on yesterday, Virginia Power agreed to reduce the third
year increase to $3.5 million. I am satisfied that this is a
fair settlement and is the best that can be negotiated. I have
discussed the entire proposal with Steve Ruback, our consultant,
and in his words, "it's a terrific settlement" for the local
governments.
Thus, for the three-year contract period beginning on July
1, 1991, there will be no base rate increases for the first two
yea@s and for the third year only 2% increase over the base rates
in the contract year which expired on June 30, 1991. Our custom-
ers will receive full cash credit for Virginia Power's CWIP in
all three years.
Bear in mind that in addition to the base rates our local
goverriments will be paying increases for each of the three con-
tract years of purchased power capacity charges which are
included in the fuel adjustment clause. On the basis of current
usage, such capacity charges for local governments are projected
to be $5.87 million, $9.75 million and $3.07 million, respec-
tively, in years one, two and three of the contract. Such
increased capacity charges are passed through by Virginia Power
under contracts with independent power producers which, in part,
WILLIAMS, MULLEN, CHRISTIAN & DOBBINS
& A, LA@
substitutes for construction of generation plants by the company
itself. Such capacity charges are payable by all of the compa-
ny's customers including jurisdictional customers whose rates are
determined by the State Corporation Commission (SCC). The capac-
ity charges estimated to be payable by local governments will
result in increased costs to all of our local governments amount-
ing to approximately 3.25% in year one of the proposed contract
over total costs in the last year which ended June 30, 1991, plus
an additional 5.25% in year two and 1.57% in year three. How-
ever, Virginia Power estimates that such percentages will proba-
bly be somewhat less because of the expected growth in usage by
our localities.
You will also be interested to know that Steve Ruback has
calculated the rates which our localities will pay under Schedule
130 of the new contract (formerly designated as Schedule 6 CM) in
comparison to rates which would be paid under Schedule 6 cur-
rently proposed to the SCC for jurisdictional customers. Steve
did his calculations for customers with 40% and 90% load factors.
In both cases, our year one rates are somewhat lower. However,
because of an overpayment in year one which will be evened out by
eliminating any inflation increase in year two, our rates will
compare even more attractively in years two and three, especially
in view of the fact that Virginia Power has stated publicly that
it intends to go to the SCC annually for rate increases. In
addition, we should not lose sight of the fact that all of our
localities have accounts which are billed on fixed rate schedules
which are to some extent subsidized by the Schedule 130 (6 CM)
rates.
I also report that Sarah Finley is close to concluding
negotiations relative to the terms and form of the contract which
will be presented to the governing bodies of the respective
localities for aT)Proval. She will report to you on this as soon
as it is fiiiishe-d. In many respects the operational provisions
have been improved and strengthened for local governrnents.
Finally, I wish to express my personal appreciation for
the yeoman service which the members of the Steering Committee
have given to this important project. Although our goal through
the years has always been to achieve rates which are fair, equi-
table, stable and predictable, under the present economic envi-
ronment, the efforts of the Steering Committee and the successful
development of satisfactory revenue requirement and adjustment of
contract terms to remedy operational problems have been even more
important than ever before.
2
WILLIAMS, MULLEN, CHRISTIAN & DOBBINS
& C..@.E,..@ A, L.@
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VI@.'.IA 23210 1320 23060
(80.) 6.3-199,
(80.) 783 6.56
01.@.T D,@,
M E M 0 R A N D U M
TO: VML/VACO Virginia Power Steering coa@,?,x o w.
and Streetlight Subcommittee lr LA
FROM: Sarah Hopkins Finley
DATE: January 3, 1992
RE: Final Contract - Summary of Changes to
Terms and Conditions
Howard Dobbins reported to you November 22, 1991 on the
results of the revenue negotiations which are, of course, the
most important aspect of the negotiations. I am pleased to
enclose a copy of the final contract with Virginia Power.
Although the accuracy of the rates for the third year have not
been verified by your consultant, Steve Ruback, this will be done
soon and is not likely to change the attached document.
Not surprisingly, the contract does not include all the
changes desired by the Steering Committee but it does contain
most of them. Overall I believe you should be pleased with the
clianges and the progress we have made in certain areas.
On the attached contract, most of the new language is shown
in bold letters. However, the language which is struck from the
old contract is not shown. Below is a highlight of the changes.
Soine information is also provided on items which are not apparent
from the face of the contract.
Term of the Contract - July 1, 1991 to June 30, 1994
II.C. - Change in language to make it clear that
Virginia Power must accept, under certain conditions, a permit
from a local government in lieu of an easement.
WILLIAMS, MULLEN, CHRISTIAN & DOBBINS
& A, L..
Section III - Electric Line Extensions has been
rewritten. A lot of the changes are for clarity and style.
There are, however, several positive substantive changes.
III.E.l. (and F.1.) - In connection with converting
facilities to underground and new underground service,
"betterment' is better defined.
III.E. (and F) - Local governments have the option
under certain conditions to handle both the 'civil construction'
and "electrical construction' for conversion projects and new
underground service.
III.G. - Detailed cost esti-mates - For streetlight
projects, conversion from overhead to underground facilities, or
new underground service, great improvements have been made on the
level of detailed cost estimate information available to local
goverrLments. Virginia Power will provide the construction
sketch, the Company's Project Approval Report, Design Summary and
Compatible Unit Cost Estimate. To produce the Compatible Unit
Cost Estimate which shows the details of labor and materials
cost, computer programming changes are required. Therefore, this
report may not be available until the end of January, 1992.
Becoming familiar with these reports will allow local
governments to be better informed on the cost of projects. A
governinent can be better informed on where it can control the
cost of a project (e.g. by selecting certain fixtures and poles
Qver others).
You should be aware that generally the cost estimating is
done on a computerized system-wide basis. The cost of materials,
for example, is the same throughout virginia Power's system based
on the average cost to Virginia Power for such materials at the
time the estimate is prepared.
There are, however, certain subjective aspects of developing
a cost estimate for a particular project. Understanding and
reviewing these aspects will explain why two projects which
appear similar may differ substantially in cost. Also, it may
present opportunities to impact these aspects of the cost
estimate. For example, is there another way of designing the
project which is equally reliable but less expensive? Also, the
"labor" category is used to make adiustments of a subjective
nature. For example, if the indiviaual preparing the estimate
believes that a large percentage of rock may exist in the area
where trenches must be dug, he will add hours to the "LABTRENCH'
category. He will also add hours to the labor category if he
2
WILLIAMS, MULLEN, CHRISTIAN & DOBBINS
All..@@,$ & A, L-
knows that the actual contracting cost Virginia Power will have
to pay for this particular project is higher than its system-wide
average.
If the project is one where the local government pays the
actual cost, as opposed to the estimated cost, you need to
understand Virginia Power's estimating process so as to
intelligently be able to 'second guess' how close the estimate
may be to the actual cost.
Virginia Power representatives should assist local
governments in understanding some of the abbreviations on these
cost estimate reports. While local governments should take
advantage of this, it would be advisable not to overuse the time
requested of Virginia Power representatives or they inay start
charges for the time involved in generating these reports.
More openness on Virginia Power's part in the cost
estimating process is appropriate and should benefit local
governments. I believe, however, benefits for local governments
will be more long-term if governments resist the urge to contest
the "fixed" cost or every subjective judgment that is made.
III.H. - TERF - Where the local government has
constructed a portion of the facilities, TERF may be applied on
the actual cost of construction if the local government can
document this cost.
III.I. - Actual cost of project exceeds estimated cost
Where the actual cost of a project exceeds the estimate by 15%,
virginia Power must provide a detailed explanation of the
increased cost if the local government requests it. Additional
information on the cost of a project must be requested in writing
within 20 days. The time for payment will not begin to run until
Virginia Power has made the additional information available to
the government. Also, the late payment charge applicable to the
cost which exceed 1.15 times the estimated cost has been reduced.
Virginia Power representatives recognize that there have
been situations where it has done a poor job of providing a cost
estimate and that the changes made in paragraph I are appropriate
in these circumstances. Virginia Power was hesitant to make
these changes, however, because it is afraid some local
governments will request additional information in every case in
order to 'slow the clock" on the late payment fee. Responding to
such requests will also be time consuniing for Virginia Power.
Local governments should refrain from using these provisions as a
"sword' rather than a "shield," otherwise we will have difficulty
3
WILLIAMS, MULLEN, CHRISTIAN & DoB]3INS
& A, L..
),,eeping these provisions in future negotiations when we may hope
instead to put 'more teeth" in them.
VII.B. - Retained the 35 days for paying bills.
VII.E. - Provision added for consolidation of bills;
payment within 25 days instead of the 23 originally proposed.
IX.D. - The hold-harmless provision where Virginia
Power gratuitously inspects the local government's wiring or
equipment may be struck at the option of the local government.
If the local government so chooses, Virginia Power will forego
any gratuitous inspections.
Rate Schedules
With a few exceptions, the rates are the same for the first
two years of the contract as they were for July 1, 1990 to June
30, 1991. [Note, however, that the revenue impact on a
particular local government will not be the same because (1) the
amount of electricity used will probably be different, (2) the
local government may have changed some accounts to a different
schedule and (3) capacity charges which are included in the fuel
adjustment clause are expected to increase during the contract
period.] During the third year of the contract (7/1/93 to
6/30/94) there is an overall increase in the base rates of 2.8%.
Schedule 150 - High Pressure Sodium Vapor Streetlights
II.A.2. - Type 2 fixtures' - The rates for 'type 2'
fixtures have decreased dramatically as a result of a change in
rate design. The new rate reflects carrying charges for 1/3 of a
pole rather than one pole. This is the same assumption used for
the type 1 fixtures. This change was made as a result of a field
survey made by Virginia Power following a request made during the
1988 negotiations.
II.A.5. - Fluted poles and bridge poles - Prior to this
contract any locality which desired fluted poles for streetlights
paid a special fixtures charge pursuant to Schedule 153. The
charge for fluted poles is now reflected on Schedule 150 and
results in a lower and more identifiable rate. Higher rates are
appropriate for streetlights with these fluted poles because the
pole cost is substantially more and therefore the carrying
charges are more. The rate desian assumptions have been reviewed
and an adjustment was made from @irqinia Power's original
proposal which lowered these rates.
4
WILLIAMS, MULLEN, CHRISTIAN & DOBBINS
A-...@,. & C.@ ....... A, L..
The rates for bridge lighting have been moved from the
bridge lighting schedule (Schedule 152) to this streetlight
schedule. The overall effect is a decrease in the rates for
bridge lights. However, the rates are still higher for bridge
lights than for a regular' streetlight because of the more
expensive bridge pole.
II-A-6- - Availability of additional fixtures - With
the changes in this contract, all poles and fixtures which
Virginia Power currently recognizes as meeting its 'standards,
have a rate on this schedule (Schedule 150). As new fixtures
become available, virginia Power will endeavor to assign it an
appropriate rate on this schedule rather than have it under
Schedule 153 (Special Fixtures). There may, however, be some
fixtures which virginia Power will accept as 'standard' and thus
accept into its system and maintain them but for which this rate
schedule is not appropriate.
IV. (Schedule 150 and 151) - Repair of streetlight
outages - The requirement that a local government notify Virginia
Power twice of an outage before it will receive a credit has been
reduced to once. Also, Virginia Power's report of streetlight
outages will contain more information which will better enable a
local government to track whether it is receiving a credit for
outages. Although streetlight outages are being repaired on a
timely basis in most localities, Virginia Power recognizes that
this is not the case in a few localities. Efforts have been made
to correct this. If the problem persists beyond the next six
months, please do not hesitate to call me.
Schedule 152 - Bridge Lighting - A new "standard' pole
will be used for bridge lighting which opens up this schedule for
streetlights on bridges which are 115 feet (instead of 65) above
the water, and allows for 42,000 lumen HPSV fixtures.
Also, the rates for bridge lights will be on the sodium
vapor streetlight schedule (Schedule 150) and will be somewhat
lower than in the past. With these changes I believe local
goverrLments' bridge lighting concerns have been addressed and the
difference between the 'type l' streetlight rate and the bridge
lights can be justified.
Schedule 154 - Service to Customer-@ed Street, Area
and Other Outdoor Lighting Facilities operated only During
Night-Time Hours - This is a new schedule. Local governments
which own and maintain any nighttime cutdoor lighting may select
this schedule if the lights have a photoelectric control which
fails in the off position. The rate on this schedule recognizes
that the lights are on largely during offpeak times. Thus, the
- 5 -
WILLIAMS, MULLEN, CHRISTIAN & DOBBINS
Al@..@-@ & C....... @. Al L.@
rate is more advantageous than the miscellaneous light and power
schedule (Schedule 100 or 101).
For local governments which find it advantageous to install
a photoelectric control, you should be aware that they come in a
number of colors but that an orange control will be sent unless
the customer specifies otherwise.
Schedule D - Mercury Vapor to High Pressure Sodium
Vapor Conversion Charges - Because we negotiated level rates for
the next two years, conversion rates will also stay the same.
However, you should be aware that these rates are likely to
increase substantially during the next contract negotiations (for
the period beginning July 1, 1994). Although Virginia Power will
probably be amenable to an increase in its conversion credit, the
cost of the HPSV fixtures has increased substantially since this
schedule was initially introduced. Thus, the net effect would be
a greater cost to the local government for converting from MV to
HPSV.
Outdoor Lighting Schedules for Other Virginia Power
Customers. Virginia Power has filed rate schedules with the
State Corporation Commission for outdoor lighting. You will be
interested in knowing that there are not as many fixtures
available and that the rates are higher than those negotiated for
local governments.
cc: Howard W. Dobbins, Esquire
C. Flippo Hicks, Esquire
b.@k2:.hfl(,44
6
/@,@ @ 3-29
COR 08-05-02
VIRGINIA POWER
August 17, 1992
Mr. J. K. Spore
City Manager
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
RE: Letter of Understanding Concerning the
Agreement for the Purchase of Electric
Service by Municipalities
Dear Jim:
Virginia Power and your staff have met and discussed the Agreement for the
Purchase of Electric Service by Municipalities and have come to an
understanding on the following items:
1. Photoelectric Controls (Schedule 154, Paragraph IV.C) - Whenever
the City installs photoelectric controls on unmetered services, the
control must fail in the off position. The City will be
responsible for the purchase and installation of the controls.
2. Scheduled Interruptions of Electric Service (Section XIII of the
Terms and Conditions) - Virginia Power will attempt to notify the
City's representative whenever there is a planned interruption of
service that effects the City. The City will provide the one-point
of contact that should be notified for scheduled outages.
3. Streetlight Outages (Schedule 150, Paragraph IV) - Virginia Power
will provide the City credit for streetlight outages according to
the terms of the contract regardless of whether the outage is first
reported by the City or is reported directly to Virginia Power by a
citizen.
4. Unmetered vs Metered Service (Schedule 154, Paragraph IV.B) -
Virginia Power will decide if it is practical to meter a service
such as an overhead lighted sign or provide an unmetered service.
Mr. J. K. Spore
August 17, 1992
Page -2-
5. Affirmative Action/Equal Opportunity - Virginia Power agrees to
comply with all applicable provisions, and successor provisions
thereto, of Executive Order 11246, as amended; Section 503 of the
Rehabilitation Act of 1973, as amended; Section 402 of the Vietnam
Era Veterans Readjustment Assistance Act of 1974, as amended; and
implementing regulations set forth in 41 CFR Sections 60-1, 60-250
and 60-741 and the applicable provisions relating to the
utilization of small and minority business concerns as set forth in
15 USC Section 637, as amended. Supplier agrees that the equal
opportunity clause set forth in 41 CFR Section 60-1.4, the
affirmative action clauses set forth in 41 CFR Section 60-250.4 and
60-741.4 and the clauses relating to the utilization of small and
minority business concerns set forth in 15 USC Sections 637(d) (3)
and 48 CFR Section 52.219-9 are hereby incorporated by reference
and made a part of this Order. If this order has a value of more
than $500,000.00, Supplier shall adopt and comply with a Small
Business and Small Disadvantaged Business Subcontracting Plan which
shall conform to the requirements set forth in 15 USC Section 637
(d) (6). The provisions of this paragraph shall apply to Supplier
only to the extent that (a) such provisions are required of
Supplier under existing law, (b) Supplier is not otherwise exempt
from said provisions and (c) compliance with said provisions is
consistent with and not violative of 42 USC Section 2000e, et seq.,
42 USC Section 1981, et seq., or other acts of Congress.
Jim, we would like to thank your staff for working with us, so we could reach
this understanding. We appreciate your efforts in getting the agreement
signed. Should you have any additional questions, please call one of us.
Sincerely,
C. Max B@rtholomew, Jr. W. Frank Patterson, Jr.
Manager, Virginia Beach West Manager, Virginia Beach East
AGREED:
J. K
City Manager
Virginia Beach
AGREEMENT FOR THE PURCHASE OF
ELECTRIC SERVICE BY MUNICIPALITIES AND COUNTIES
OF TITE COMMONWEALTH OF VIRGINIA
FROM VIRGYNIA ELECTRIC AND POWER COMPANY
This Agreement, made this 20th day of Xarch 1992
between CitV of Virginia Beach, a unit of local government of the
Commonwealth of Virginia, hereinafter called the "Customer", and
the virginia Electric and Power Company, hereinafter called the
"Company," provides that in consideration of the mutual covenants
and agreements herein contained, the parties hereto contract and
agree with each other as follows:
1. PURCHASE AND SALE
A. m the Company
The Customer will purchase from the Company and the Company will
sell to the Customer, liursuant to the provisions of this Agreement
and the Terms and Conditions For The Purchase of Electric Service
By Municipalities and Counties and to the applicable schedules of
charges, attached hereto and made a part hereof, the electric
service requested by the Customer (including the service being
furnished on the effective date of the Agreement) within the
territory served by the Company in the Commonwealth of Virginia.
B. Purchases From the Customer
The Company will purchase electricity under a separate agreement
from the Customer's generating facilities in accordance with the
Public Utility Regulatory Policies Act of 1978 (PURPA) and the
Federal and Virginia rules that implement (PURPA), if the
generating unit qualifies for such treatment.
2. TERM
The term of this Agreement shall be from July 1, 1991 to June 30,
1994.
3. RATES AND CHARGES
The schedules of charges available hereunder and applicable
conditions are identified as Attachments A through S and listed
below. Any use of electricity for which no schedule of charges is
shown will be supplied in accordance with the Miscellaneous Light
and Power schedule (Attachment A).
A. Miscellaneous Light and Power Service and Traffic Control
Service
B. All-Electric Building Service and Dual Fuel Systems
C. Water Pumping, Sewage Pumping and Sewage Disposal Service
D. Large Miscellaneous Light and Power Service (Schedule 130,
formerly Schedule 6CM)
E. Thermal Storage
F. Curtailable Service - Schedule CSCM
G. Standby Generator - Schedule SGCM
H. Roadway, Directional and Area Lighting Service - High
Pressure Sodium Vapor (Schedule 150)
I. Roadway, Directional and Area Lighting Service -
Incandescent, Mercury Vapor, and Urbanlites (Schedule 151)
J. Street Lighting Fixtures on Bridges and overpasses
(Schedule 152)
K. Street Lighting - Special Fixtures (Schedule 153)
L. Street Lighting - Customer owned (Schedule 154)
M. Temporary Service Charge
N. Excess Facilities Service Rate
0. Miscellaneous and Standby Charges (Schedule C)
P. Mercury Vapor to High Pressure Sodium Vapor Conversion
Charges
Q. Street Lighting Patrol Service
R. Rider A Fuel Adjustment Clause
S. Rider i - CM Interruptible Electric Water Heating Service
- Residential Services
For qualifying individual accounts, the Customer may elect
companion load management rate schedules or riders as follows:
Curtailable service, Standby Generator, or Rider J-CM
Interruptible Residential Water Heating in effect generally for
retail service in Virginia. The Curtailable Service schedule is
available for miscellaneous light and power accounts billed on
Large Miscellaneous Light and Power Service (Schedule 130). The
Standby Generator schedule is available for any miscellaneous light
and power account and Rider i-CM is available for individually
metered residential services. These load management rates will be
revised from time to time in the same manner as approved for other
retail customers in virginia.
The specific application of the applicable rate schedule to
specific connection points may, at the request of the Customer, be
enumerated in Exhibits to be attached hereto. Other service points
may be identified, in writing, for inclusion under this Agreement
at such times as the need for service develops. Nothing in this
Agreement shall be construed as precluding the parties hereto from
entering into a separate contract for services of a special nature.
4. EFFECTIVE DATE
The rates applicable hereunder are effective July 1, 1991. For
service rendered on and after July 1, 1991, Customer will pay to
the Company (or the Company will pay to the Customer) the
difference between the charges as calculated under the rates
attached hereto and tha charges as previously paid.
5. GENERAL
A. Unless otherwise spacifically agreed in writing, this Agreement
cancels and supersedes as of the effective date hereof all previous
agreements and supplemental agreements between the Customer and the
Company for electric service covered by this Agreement. This
Agreement shall inure to the benefit of and be binding upon the
successors or assigns of each of the parties hereof.
B. This Agreement shall be binding upon the Customer and the
Company only when executed by a duly authorized official or
authorized representative thereof, and shall not be modified by any
promise, agreement or representation of any agent or employee of
either party hereto except in writing and executed by such a duly
authorized official or officer.
C. The obligations of the Company and the Customer for service
under this Agreement are subject to appr6priations by Customer's
governing body to pay for such service.
V ECTRIC AND POWER COMPANY
By: t @,-, 0 q Title vice President
T. L. Caviness, JrQ
CUSTOMER'S NAME: CLty of virginia Beach
By: Title
(Information requested below to be filled in only if approval
obtained or required by Customer.)
At a regular meeting of the of the
of held on
19-, this Agreement was presented for approval
as prescribed by its z,ules of order, was approved, and the above
officer was authorized to execute same on its behalf.
Attest Clerk
TERMS AND CONDITIONS
FOR THE PURCRASE OF ELECTRIC SERVICE
BY MUNICIPALITIES AND COUNTIES - VIRGINIA
I. REQUEST FOR ELECTRIC SERVICE
The Customer shall request and the Company shall supply
electric service at mutually agreed upon locations in addition to
those served as of the effective date of this Agreement. Requests
for connection of service or disconnection of service will be made
in writing.
II. NORMAL SERVICE
A. The Company will supply to the Customer 60 Hertz
electricity of the phase and Company standard nominal voltage
desired by the Customer to each mutually agreed upon delivery
point, provided electricit@ of the phase and voltage desired by the
Customer is available generally in the area in which electricity is
desired. The characteristics at which electricity will be
furnished at each delivery point will be given in writing to the
Customer.
B. The Company shall not be required to supply electricity
unless the Customer's installation has been made in accordance with
the applicable provisions of the Company's published Information
and Requirements for Electric Service.
C. The Company will make application for the permits and
acquire the easements necessary to build its supply facilities to
the property occupied by the Customer. If needed the Company may
request the reasonable assistance of the customer in obtaining
these permits and easements. The Customer will apply for, obtain,
and deliver to the Company all other permits or certificates
necessary to give the Company the right to connect its conductors
to the Customer's wiring, and access for all other proper purposes,
including an easement or permit from the land owner for the
Company's facilities. The Company shall accept a permit across
property owned by the Customer only if the Customer agrees that in
the event the permit is revoked, or terminated, or if removal is
otherwise desired by the Customer, the Customer agrees to pay the
cost of removing the Company's facilities and, if appropriate,
replacement. Upon the revocation or termination of the permit, the
Customer agrees to provide, if needed, a suitable substitute right-
of-way subject to the same terms provided for above to insure
continuity of electricity to the public.
Electric - Virginia 1 of 18
Municipal and County 01-28-91
3WAC11B.man
-In the event the Customer sells or conveys the property where the
Company facilities are there by permit, the Customer shall provide
for a suitable easement for the Company's facilities.
The Company shall not be required to supply electricity until a
reasonable time has elapsed after the Company has obtained or
received all necessary permits, certificates, and easements. With
proper coordination between the Company and the Customer, service
will be supplied within ninety days from the later of:
1. Receipt of written authorization from the customer.
2. The date upon which all above documents are obtained.
D. Should any change or changes in the service connection
furnished the Customer by the Company be made necessary by any
requirement of public authority, the entire cost of such changes on
the Customer's side of the delivery point shall be borne by the
Customer. The delivery point shall be the point where the
Company's conductors for supplying electricity are connected to the
Customer's conductors for receiving electricity unless otherwise
mutually agreed.
E. Whenever service (other than temporary service) is
connected or reconnected for the Customer at any particular
location, a service connection charge in the amount specified in
Attachment 0, Miscellaneous and Standby Charges will be made.
However, this connection charge will not be made for unmetered
street and traffic control light connections.
III. ELECTRIC LINE EXTENSIONS
A. When the cost to construct or own any overhead line
extension, street lights, or other facility to provide the Customer
with electricity exceeds four times the additional annual revenue
to be received from the Customer, Company shall only be obligated
to construct such facilities if the Customer pays the Company the
Excess of Four Years' Revenue. The additional annual revenue shall
be determined as the additional continuing annual revenue
reasonably anticipated by the Company from the facility being added
to the Company's system, excluding all revenue produced by the
"fuel adjustment factor" - Rider A, Municipal and County Fuel
Adjustment clause. For purposes of this Agreement, the "Excess of
Four Years' Revenue" shall be defined as the amount by which the
estimated cost of installing the described facilities exceeds four
times the additional annual revenue so determined.
B. Existing master metered installations will continue
to be master metered, except that at the Customer's request, the
Company may provide in lieu thereof, individually metered service.
If the Customer requests individually metered service, the Customer
Electric - virginia 2 of 18
Municipal and County 01-28-91
3WAC118.man
'@hall pay to the Company the Excess of Four Years' Revenue as
applied to the additional cost of any new facilities that may be
required plus the value of any excess facilities at the location
for which the customer has not previously paid. The location of
the new delivery points shall be determined by mutual agreement.
C. The Company will supply to the Customer new underground
service as provided herein. Payment for such new service is
established as follows:
1. New underground service for street lights and
traffic signals will be provided upon payment of the Excess of Four
Years' Revenue.
2. The Company will provide new underground service
in an "Underground Distribution Area" upon payment of the Excess of
the Four Years' Revenue. Provided, however, the Company shall not
be obligated to construct or own any electric underground line
extension beyond the property line of the Customer. An
"Underground Distribution Area" is an area within a major
metropolitan high load density center which has been designated by
the Company with concurrence of the Customer.
3. The Company will provide to the Customer new
underground service for all facilities other than those listed in
paragraphs C. I and C. 2 above, upon payment of (i) the estimated in
cost if any, between the underground and overhead facilities and
(ii) the Excess of Four Years' Revenue as determined for the
overhead facilities that would be used in lieu of underground
facilities.
When the Customer provides trenching and backfilling or
furnishes a meter pedestal approved by the Company or when the
costs of trenching and backfilling are shared by another utility,
the Company's charge for providing underground service will be
reduced by the average reduction in cost to the Company resulting
therefrom.
Within any development for which underground electric
service has been installed, only electric underground service will
be provided and it will be pursuant to this Section III.C.
D. When the Customer requests the Company to convert
existing overhead facilities to underground, the Customer shall pay
to the Company (1) the total cost of such conversion less the cost,
if any, to upgrade the existing facilities to serve the proposed
load, and (2) the Excess of Four Years' Revenue, if any, that may
be applicable to upgrading the existing facilities. The total cost
Electric - Virginia 3 of 18
Municipal and county 01-28-91
3WAC118.man
-bf conversion referenced in the foregoing sentence includes the
cost of removing the existing overhead facilities less salvage
value, plus the cost of the non-betterment portion of the
installation.
E. With respect to converting overhead facilities to
underground facilities, in addition to the charges outlined in
Paragraph D. above, the following provisions shall apply.
1. The Customer will not be required to pay for any
betterment. "Betterment"meanstheportionsof the
project which are designed to improve other
portions of the company's system or better the
existing service other than to reasonably assure
the reliability of the converted facilities. The
Customer may offer an alternate design for
consideration by the Company. When the charges to
the Customer are based on actual project cost, the
amounts determined as betterment and non-
betterment shall be proportional to those
determined under the estimated project cost.
2. A contract for constructing any aspect of an
underground conversion project by the Company
shall specify dates for completion of work as
mutually agreed upon by the Company and the
Customer. At the request of the Customer, any
such contract shall also include a liquidated
damages clause in an amount agreed to by the
parties to be paid by the Company if the
completion dates are not met. Such damages shall
not apply if a delay in construction is beyond the
control of the Company and its subcontractors.
The contract may also include incentives for early
completion as agreed to by the parties.
3. If requested by the Customer in writing prior to
the beginning of construction, the Company will
provide a fixed-price contract for the portion of
the project undertaken by the company.
4. The Customer may, at its option, handle all "civil
construction" aspects of the project including the
opening and closing of the streets and the
installation of all necessary duct banks, provided
the duct bank is of such quality and design and is
installed in a manner satisfactory to the Company
including a final inspection of the duct bank upon
completion. If the Customer undertakes the civil
construction portion of the project, it will pay
the actual inspection charges to the Company for
Electric Virginia 4 of 18
Municipal and County 01-28-91
3WAC118.man
reasonable inspection service provided by the
Company. The Customer or its contractors shall
submit to the Company all reports, drawings and
explanations in order to satisfy the Company's
"as-built" record keeping requirements.
5. The Customer may, at its option, handle the
"electrical construction" aspects of a conversion
project including pulling the cable and
installation of transformers and switches provided
the Company would have otherwise handled such work
by outside contractors. If the Customer handles
the electrical construction aspect of the project,
such work shall be performed pursuant to the
Company's written specifications, work rules, and
construction practices then in effect. The
Customer shall use Company supplied material and
the work shall be performed by a contractor which
is on the list of contractors approved and
supplied by the Company at the time the contract
is entered into. If the Customer undertakes the
electrical construction portion of the project, it
shall pay the actual inspection charges to the
Company for reasonable inspection service provided
by the Company. The Company inspector shall have
the right to work directly with the contractor and
correct or stop the contractor's work in order to
enf orce the Company I s written specif ications, work
rules, and construction practices. If any such
action is taken, the Company shall notify the
Customer as soon as reasonably possible.
Notwithstanding the above, the Company shall make
all terminations and splices with its own
employees.
6. If the Customer handles the "electrical
construction" aspects of a project, the Customer
or its contractors shall submit to the Company all
reports, drawings and explanations in order to
satisfy the company's "as-built" record keeping
requirements. The Customer shall also be
responsible for: (1) the safekeeping of any
materials, equipment or supplies furnished the
Customer or their contractor by the Company
(hereafter "Materials"); (2) the return to the
Company's storeroom of any unused Materials; (3)
the reconciliation of discrepancies between
Materials furnished by the Company, Materials used
in the work and Materials returned to the Company.
The Customer shall upon receipt of an invoice,
reimburse the Company at the Company's cost for
Electric Virginia 5 of 18
Municipal and County 01-28-91
3WAC118.man
Material discrepancies or for damages to Materials
returned.
7. In the event the Customer performs some work as
allowed in this Paragraph E., the Customer's
contract with the contractor shall provide for any
necessary or unforeseen field changes due to
construction conditions and/or omissions by the
designer. Where design changes are required after
construction begins, such changes shall be
approved by the Company and any additional cost
borne by the Customer.
8. The Customer's contract with its contractors shall
require the contractors to defend, indemnify and
hold the Company harmless, as a valid third party
beneficiary of such contract, from and against all
liens, claims, losses, damages, costs and causes
of action for personal injury to or death of any
person or damage to any property in any manner
arising out of the contractor's performance of
services for the Customer unless attributable to
the sole negligence of the Company. The
Customer's contract with its contractors shall
also require that the contractors warrant to the
Company, as a valid third party beneficiary of
such contract, that its services, workmanship, and
all equipment and materials not furnished by the
Company are free from defects and that any
material or equipment not furnished by the Company
is merchantable and suitable for its intended
purpose. Customer's contract with its contractors
shall also require that such contractors shall
obtain, and maintain during the course of their
performance thereunder, insurance in such forms
and amounts as normally required by the Company
from its contractors. Customer shall, upon the
Company's request, provide the Company with
written assurances, satisfactory to the Company,
of its compliance with the provisions of this
subparagraph 8.
9. When the Customer handles any contracting work, in
no event shall the Company make payments to the
Customer for any portion of a credit (e.g., Four
Years Revenue, overhead line credit) the Customer
would otherwise have received if the Company had
handled the construction.
Electric Virginia 6 of 18
Municipal and County 01-28-91
3WAC118.man
F. With respect to new underground service in addition to
the charges outlined in Paragraph C above,the following provisions
shall apply:
1. The provision of paragraph E.l. above shall apply.
2. For new underground construction for new service
where the cost to the Customer, excluding a tax
effect recovery factor (TERF), is in excess of
$50,000, the Customer may perform that portion of
the project where the Company has plans to use an
outside contractor. In such event, the provisions
of paragraphs E.4 through E.9 above shall apply.
G. With respect to any projects requested by the Customer
for which it may be required to pay the Company under paragraphs A,
C, or D of this Section III, if requested by the Customer, the
Company shall provide the Customer with the construction sketch of
the proposed design and a detailed estimate of the labor and
materials which will be used for the project. The detailed
estimate shall include a summary listing of the work included in
the project and an itemized estimate showing labor and material
costs as provided in the Company's Project Approval Report, Design
Summary and Compatible Unit Cost Estimate or equivalent. Cost
estimates provided by the Company shall be sufficiently detailed to
show separately the civil construction portion and the electrical
aspects of the project and any credit for salvage.
If requested by the Customer, the Company shall provide
a conceptual design of a proposed project involving converting
existing overhead services to underground which the Customer may
use for planning purposes to consider how or whether it will
continue with the project. The Company may charge the Customer for
any reasonable costs incurred in furnishing an estimate hereunder
regardless of whether or by whom a project is constructed.
H. Any payment by the Customer covering the (a) Excess of
Four Years' Revenue, (b) underground cost differential, (c) one-
time facilities charge payments or (d) any other payment classified
as a contribution in aid of construction on the Company's books,
shall be grossed up for the Company's payment of federal income
taxes by a tax effect recovery factor of 1.29, (this factor subject
to change concurrent with any change authorized for other retail
customers in Virginia) the product of which shall be paid by the
Customer. Such tax effect recovery factor (TERF) shall not apply to
temporary service, highway relocation projects, relocation projects
necessitated by the addition of sidewalks or storm drainage, and
conversion projects from overhead to underground in the event and
to the extent that contributions in aid of construction for such
services, relocations and conversions are not taxable. In
Electric - Virginia 7 of 18
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-tituations where the Customer has constructed all or a portion of
the facilities which are transferred to the Company, the Customer
shall pay TERF on the lesser of:
1. The actual cost of the construction, including the
Company's capitalized administrative cost.
2. The Company's appraised value of the facility.
If TERF is paid in accordance with paragraph H. 1. , above, the
Customer shall provide invoices and other documentation suf f icient
to establish to the Internal Revenue Service that the amount
determined in accordance with paragraph H.l. is the fair market
value of the facility. If the Internal Revenue Service later
concludes that the fair market value of the facility exceeds the
amount determined under paragraph H.I., the Customer shall pay TERF
on such excess amount.
I. Prior to the installation of any facilities under this
Section III, the Customer shall provide written authorization to
the Company of financial arrangements satisfactory to the Company.
Where the total charge to the Customer for work performed
under Section III is less than $50,000, billing will be due and
payable upon completion of the work. In those cases where the
completion of the work is extended for reasons beyond the control
of the Company in the exercise of reasonable diligence, progress
billing as outlined below will be implemented.
All projects where the estimated charge to the Customer is
$50,000 or greater, progress billings will be submitted
periodically but not more than once a month.
1. Progress bills will not be less than $1,000.00
2. Total progress billings will not exceed 90% of the
total estimated cost.
Where the Customer is charged based on the actual cost to
the Company rather than the estimated cost, if the final cost of
the project exceeds 115% of the estimated cost, at the Customer's
request, the Company shall provide a detailed explanation of the
increased cost. Additionally, the Customer may review all records
associated with the project at the Company's offices during normal
business hours. The Customer shall request in writing any such
additional billing information within 20 calendar days after the
bill date of the final invoice. The Company will make such
information available within a reasonable time after the Customer's
request. The Company shall thereafter establish the bill date
which date shall not be prior to the date on which the additional
information is made available.
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A late payment charge as described in Section VII of these
terms and conditions will apply to all such charges, whether above
or below $50,000 or related to progress billings, if not paid as
specif ied therein. For actual cost projects where the actual cost
exceeds 15% above the estimated cost, the Customer shall pay the
amount of the invoice up to 1.15 times the estimated cost
(estimated cost is the original estimated cost plus any revisions
thereto which have previously been agreed to in writing) as
provided in Section VII hereof. Any amount in excess of 1.15 times
the estimated cost shall not be subject to a late payment charge
until 35 days after the bill date which date shall not be
established until the additional information is made available as
provided in the previous paragraph. The monthly late payment
charge for the amount in excess of 1.15 times the estimated cost
shall be the excess amount times the sum of the prime rate, as
defined hereinafter, plus one and one-half percent divided by
twelve. As used in the previous sentence, "prime rate" shall mean
the prime rate specified on the last business day prior to the date
of the invoice in the Wall Street Journal as "the base rate on
corporate loans posted by at least 75% of the nation's 30 largest
banks."
IV. VOLTAGE VARIATION
A. Unless otherwise agreed by the parties hereto in
writing and attached hereto, the Company will endeavor to supply
voltages within the following limits:
The variation from nominal voltage to minimum voltage will
not exceed 7.5% of nominal voltage, and the variation from nominal
voltage to maximum voltage will not exceed 7.5% of nominal voltage.
Variations in voltage in excess of these specifications arising
from causes beyond the control of the Company shall not be
considered a violation hereof.
B. The following definitions apply to terms used above:
Nominal Voltage The reference level of service
voltage.
Maximum voltage The greatest 5-minute mean or
average voltage.
Minimum Voltage The least 5-minute mean or average
voltage.
V. METER READING AND BILLING
A. Normally electricity will be furnished through one
delivery point and one set of metering apparatus.
B. Meters may be read in units of 10 kWh and bills
rendered accordingly.
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C. The metering equipment installed by the Company to
measure the electricity used by the Customer shall be tested by the
Company in accordance with the Company's standard meter testing
practices.
D. The Company will, without charge, make a test of the
accuracy of registration of the metering equipment upon the request
by the Customer, provided the customer does not request such a test
more frequently than once in each 24 months. If more than one
request test is made in a 24-month period, the Customer will pay
all costs of making all tests other than the first test unless the
results of such additional request test indicate the accuracy of
the meter to be more than 2% fast or slow, in which case no charge
for said request test will be made.
E. When a meter is found to be no more than 2% fast or
slow, no adjustment will be made in the Company's bills. If the
meter is found to be more than 2% fast or slow because of incorrect
calibration the Company will rebill the Customer for the correct
amount as reasonably calculated for a period equal to one-half of
the time elapsed since the last previous test, but in no case for
a period in excess of twelve months. The percentage registration
of a meter will be calculated by the "weighted average" of light
load and full load, which is calculated by giving a value of 1 to
the light load and a value of 4 to the full load.
F. Whenever it is found that unmetered electricity is
being used as a result of tampering, the Customer will pay to the
Company an amount reasonably estimated by the Company with input
from the Customer to be sufficient to cover the electricity used
but not recorded by the meter and not previously paid for.
G. Whenever it is found that, for any reason other than
incorrect calibration or tampering, the metering apparatus has not
registered the true amount of electricity which has been used by
the Customer, the electricity used during the entire period of
incorrect registration will be reasonably estimated, based upon
all known pertinent facts, and the amount of electricity so
estimated will be used in calculating the corrected bill. The
Company will rebill the Customer for the adjusted amount for a
period equal to one-half of the time elapsed since the last
previous test of the metering apparatus but in no case for a period
in excess of twelve months.
H. The Customer shall provide at a mutually agreeable
location suitable space for the installation of the necessary
metering apparatus which space shall normally be:
1. Substantially free from vibration.
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2. An outside location unless otherwise approved by
the Company. For detached single family
residential structures a side location shall be
used where practicable.
3. Readily accessible and convenient for reading,
testing, and servicing.
4. Protected from damage by the elements or the
negligent or deliberate acts of persons.
I. The Company will furnish electricity to the Customer
for use only on the premises owned or leased by the Customer.
Electric service shall not be provided or allowed under this
Agreement to a separately metered privately owned residence or
business providing any type of service to the public, except where
such service is incidental to the operation of the Customer's
facility. The electricity furnished by the Company shall not be
submetered by the Customer for resale or assignment to another
entity in such a manner which allows the Customer or the other
entity to profit from such submetering not withstanding the
foregoing. The Customer may, however, install submetering
equipment in or at an apartment house or complex, office building,
or other public facility for each individual dwelling unit or
rental unit, or contractor facility whose purpose is to construct
a permanent facility for the customer's use, or other public
facility (for use incidental to the operation of the Customer's
facility) , as long as such submetering fairly allocates the cost of
each meter's or submeter's electrical consumption and electrical
demand charges on the basis of the charges made to the Customer.
The Customer shall not impose on the tenant any charges over and
above those charged to it by the Company, except that an additional
service charge not to exceed two dollars per month per dwelling
unit or rental unit may be collected to cover administrative costs
and billing. Further, the Customer shall maintain adequate records
regarding submetering and shall, upon request make such records
available for inspection by the tenant during reasonable business
hours. The provisions of this section shall not restrict the right
of the Customer to recover in periodic lease payments the tenant's
fair share of electricity costs attributable to common areas and
costs incurred by the Customer in establishing and maintaining the
submetering system.
VI. SELECTION OF SCHEDULE
Each Customer will select the particular rate schedule of those
applicable, under which the Customer desires to use electricity.
The Company may assist the Customer in making this selection but
responsibility for the selection rests exclusively with the
Customer. Such rate change will become effective for electricity
used on and after the meter reading immediately following written
Electric - Virginia 11 of 18
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-fiotice from the Customer of the selection of a new rate schedule.
VII. PAYMENTS
A. The supply of electricity by the Company is contingent
upon payment of all charges due from the Customer.
B. The Company will render bills to the Customer at
regular intervals. Bills are due and payable upon presentation and
become past due on the next bill date. The bill date is shown on
the bill and is the date on which the bill is prepared in the
Company's billing operations. In no event shall the time between
the date of billing preparation and the date by which payment must
be received in the Company's office in order to avoid a late
payment charge be less than 35 days. In the event payment shall
not be received within 35 days of the bill date, a late payment
charge of 1.5% per month will be imposed from the bill date to the
date of payment on all past due amounts. No late payment charge
shall be imposed if the Company fails to mail bills promptly after
the billing date. The Customer may designate its billing address.
C. Initial and final bills for street and traffic lighting
services shall be prorated based on the number of days of service
covered by such bill as compared to 30 days. The Company's bills
to the Customer will reflect the installation and removal of street
lights on a timely basis. The Company will exercise reasonable
diligence to reflect such street light changes on its bills within
45 days thereof.
D. Bills are payable at any office of the Company or to
any collector or collection agency duly authorized by the Company.
Payment shall be paid without regard to any counterclaim but shall
not affect the Customer's claim therefor.
E. Upon Customer request, the Company may agree to provide
a consolidation of bills service for certain accounts provided:
1. The Customer has a minimum of twenty five eligible
accounts billed to the same mailing address. Any
accounts for the Customer designated as large
general service accounts by the Company shall not
be eligible for this service.
2. The Customer agrees to pay the total amount billed
within 25 days of the billing date shown on the
Consolidation of Bills statement. If not paid
within the said 25 days, a late payment charge of
1.5% per month shall be made on any outstanding
balance.
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3 The Customer agrees to pay by check with the
appropriate Consolidation of Bills cashier coupon
enclosed with such Dayment made only at:
Virginia Power
P. 0. Box 26543
Richmond, Virginia 23290-00001
All other methods of payment are not acceptable.
The Company will not waive late payment charges
which may accrue due to improper attempts to make
timely payments.
4. A continuous course of improper payment or late
payment shall be construed as a failure to comply
with this portion of the Agreement and may subject
the Customer to termination of the Consolidation
of Bills service.
5. A letter supplement shall be entered into
incorporating other provisions of the service
including, but not limited to provisions for the
termination of the service and instructions for
initial and final bills for an individual account.
VIII. USE OF ELECTRICITY BY CUSTOMER
A. In order to protect the Company's equipment,
electricity supplied to those locations served by the Company shall
not be used in conjunction with any other source of electricity
without previous written consent of the Company which consent shall
not be unreasonably withheld (see Section XII. hereof and the
applicable rate schedule attached hereto), except that emergency
standby generation may be used without such written consent during
periods when the electricity supplied by the Company may fail or be
interrupted.
B. Because the Company's facilities used in supplying
electricity to the Customer have a definite limited capacity and
can be damaged by overloads, the Customer shall give adequate
notice to the Company and obtain the Company's written consent
before making any substantial change in the amount or use of load
connected to the Company's service.
C. The Customer shall not use electricity in any manner
which will be detrimental to the Company's supply of electricity to
other customers. The Company reserves the right, but shall have no
duty, to determine the suitability of apparatus or appliances to be
connected to its service by the customer and to refuse to continue
or supply electricity if it shall reasonably determine that the
operation of such apparatus or appliances may be detrimental to its
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'4eneral supply of electricity.
D. In the event the Customer installs equipment which
produces harmonics in excess of five percent Total Harmonic
Distortion (THD) and/or three percent of any single harmonic, the
Customer will provide and install, at his own expense, all
equipment necessary to reduce such harmonics to five percent or
less THD and/or to three percent or less of any single harmonic.
IX. RESPONSIBILITY OF CUSTOMER AND COMPANY
A. The Customer shall be responsible for keeping persons
and vehicles which it reasonably believes to be unauthorized away
from Company property installed on the Customer's premises.
B. The Customer will make a reasonable effort to protect
the Company's property on the Customer's premises, but shall not be
liable for the cost of repairs or damage to such property unless
same was caused by the willful misconduct or negligence of
Customer's employees or authorized agents.
C. Electricity is supplied by the Company and purchased
by the Customer upon the express condition that after it passes the
delivery point, it becomes the property of the Customer to be used
only as herein provided; and unless the negligence or willful
misconduct of the Company shall be a proximate cause thereof, the
Company shall not be liable for loss or damage to any person or
property whatsoever, resulting directly or indirectly from the use,
misuse, or presence of the said electricity after it passes the
delivery point, or for any loss or damage resulting from the
presence, character, or condition of the wires or equipment of the
Customer or for the inspection or repair thereof.
D. The Company shall protect, maintain and repair the
Company's wiring and equipment. The Customer shall protect,
maintain and repair the Customer's wiring and equipment. Should
the Customer report trouble with the supply of electricity, the
Company will endeavor to respond with reasonable dispatch to such
call with the purpose only of correcting such trouble as may be in
the Company's equipment supplying the Customer. It is understood
that the Company has no responsibility to inspect equipment of the
Customer and will not normally make such an inspection. However,
if the trouble appears to be in the Customer's wiring or
appliances, the Company's employees may, if requested by the
Customer, make such inspection of the Customer's wiring or
equipment as the Company's employees are prepared to make, but any
such inspection of the Customer's wiring or equipment by the
Company's employees is made with the express condition that the
Customer assumes the entire and sole risk, liability, and
responsibility for all acts, omissions, and negligence of the
Company's employees except the Company retains all responsibility
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-ror gross negligence of its employees.
E. The Company will follow its policy for cleaning and
relamping of Company owned street and outdoor lighting fixtures as
follows:
1. Mercury vapor fixtures will be cleaned and relamped
approximately every four years.
2. High pressure sodium vapor fixtures will be cleaned and
relamped approximately every six years.
3. Upon request, at no charge to the customer, the
Company will provide to the Customer on an annual
basis the location where such cleaning and relamping
has taken place.
F. Upon written request, at no charge to the Customer, the
Company will provide to the Customer a map locating all street
lights in the Customer's territory. The Company may initiate a
field survey to locate and identify all street lights billed to the
Customer. Upon written request of the Customer, but not more
frequently than once every three years, the Company shall perform
such field survey at no charge to the Customer. When the survey is
conducted at the request of the Customer, the Customer will provide
a representative to accompany the Company surveyor. The Customer
will also be given the opportunity of having a representative
present during a Company initiated survey.
G. For any group of unmetered services, the Company may
require, not more frequently than once every three years, that the
Customer provide a qualified representative to accompany and assist
the Company in conducting a field survey of all such unmetered
services provided to the Customer.
X. RIGHT OF ACCESS
The Company shall have the right of access to the
Customer's premises at all rdasonable times for the purpose of
reading meters of the Company, removing its property and for any
other proper purpose.
XI. EXCESS FACILITIES SERVICE
Whenever the customer requests the Company to supply
electricity to a single premises as described in Section XI.A.
below in a manner which requires the Company to supply equipment
and facilities in excess of those which the Company would normally
provide in Section II. and III. and the company finds it
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-i)racticable, such excess equipment and facilities shall be provided
under the following conditions:
A. Electricity will be supplied through such excess
equipment and facilities only to a single premises consisting of
contiguous property whose surface is not divided by any dedicated
public street, road, highway, alley or by property not owned or
leased by the customer.
B. The facilities supplied shall be of a kind and type of
transmission or distribution line or substation equipment normally
used by or acceptable to the Company and shall be installed in a
place and manner as mutually agreed upon. All equipment furnished
and installed by the Company shall be and remain the property of
the Company. When excess facilities are provided to supply
electricity at more than one delivery point, the Company supplied
facilities interconnecting the delivery points shall be located on
the Customer's premises. The charge for such excess facilities
shall be calculated as specified in the Excess Facilities service
Rate schedule attached hereto.
C. Whenever a Customer requests the Company to furnish an
alternate source of supply that the Company would not normally
furnish, the Facilities Charge for the alternate supply facilities
shall be calculated as specified in the Excess Facilities service
Rate schedule attached. When the facilities used to provide
alternate service to a Customer are also used to serve other
customers, the cost of such facilities shall be included in the
calculation of the Facilities Charge only in the proportion that
the capacity reserved for alternate service to the Customer bears
to the operating capacity of such facilities.
D. The Company shall not be required to make such
installations of equipment and facilities in addition to those
normally provided until the parties have executed such agreements
and fulfilled such other conditions as may be appropriate for the
installation contemplated.
E. Electricity will be supplied in accordance with this
Section XI for the purpose of master metering residential dwelling
units only at those Customer locations contracting or applying for
such service or for which a building permit has been obtained prior
to July 1, 1980. A master metered residential dwelling unit
includes, but is not limited to, Apartments, Townhouses,
Condominiums, and Mobile Home Parks.
F. Nothing in this Section XI. shall be construed to
prohibit the Customer from serving any Customer load on any
contiguous property whether or not divided by a public street,
road, highway, alley or property not owned by the Customer through
Customer owned, maintained and operated equipment so long as the
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-6ther provisions of these Terms and Conditions are not violated.
XII. STANDBY, MAINTENANCE AND PARALLEL OPERATION SERVICE FOR
CUSTOMERS OPERATING AN ELECTRIC POWER PLANT
A Customer operating an electric power plant in parallel with
the Company's facilities and requiring standby, maintenance or
parallel operation service may elect service under this Agreement
provided the Customer contracts for the maximum kW which the
Company is to supply at a delivery point. Standby, maintenance or
parallel operation service is subject to the following provisions:
A. Suitable relays, metering equipment and protective
apparatus shall be furnished, installed, and maintained at
the Customer's expense in accordance with specifications
furnished by the Company. The relays and protective
equipment shall be subject, at all reasonable times, to
inspection by the Company's authorized representative.
B. In case the highest average demand measured during any 30-
minute interval (Maximum Measured Demand) exceeds the
contract demand, the contract demand shall be increased by
such excess demand. The contract demand may be changed by
mutual agreement as to the amount of change and term of
agreement; however, in no case shall the contract demand
be reduced below the Maximum Measured Demand of the
preceding eleven billing months.
C. The monthly charge for electricity under this section
shall be as shown in Schedule C - Municipal and County
Miscellaneous and Standby Charges or, if applicable, as
specified in Schedule 130 - Municipal and County Large
Miscellaneous Light and Power Service or Schedule 131 -
Municipal and County Thermal Storage.
XIII. INTERRUPTIONS TO THE SUPPLY OF ELECTRICITY
A. The Company will use reasonable efforts to furnish an
uninterrupted supply of electricity, but it does not undertake to
guarantee such an uninterrupted supply. Therefore, should the
supply of electricity fail or be interrupted or become defective
through an act of God, or the public enemy, or Federal, State,
Municipal, County or other public authority, or because of
accident, strikes or labor troubles, or any other cause beyond the
reasonable control of the Company, the Company shall not be liable
for such failure, interruption or defect.
B. In the event of a power shortage or an adverse
condition or disturbance on the system of the Company or on any
other directly or indirectly interconnected system, the Company
may, without notice and without incurring liability, take such
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-@mergency action as, in the judgment of the Company, may be
necessary. Such emergency action may include, but not be limited
to, reduction or interruption of the supply of electricity to
some customers or areas in order to compensate for a power shortage
on the Company system or to limit the extent or duration of the
adverse condition of disturbance on the Company's system or to
prevent damage to the Customer's equipment or the Company's
generation or transmission facilities, or to expedite the
restoration of service. The Company may also reduce the supply of
electricity to compensate for an emergency condition on an
interconnected system.
C. In the event the Company cannot supply all of its
customers their usual requirements by reason of strikes, accidents,
want of fuel, or for any other reason, the Company may, without
notice and without incurring liability, implement a distribution
circuit disconnection procedure on a rotating basis to the extent
necessary to prevent an uncontrolled power interruption or to
conserve fuel, to the extent required under the circumstances, in
which event the amount of load curtailed, the length of each
circuit's outage, and the duration of the program will be
determined on the basis of what is, in the Company's opinion,
reasonably necessary to minimize adverse impact on the public
health and safety and facilitate restoration of normal service to
all customers at the earliest time practicable.
D. If the Company in good faith believes that, because of
civil disorder, riot, insurrection, war, fire, or other conditions
beyond the reasonable control of the Company in the vicinity of its
energized facilities, it is necessary to de-energize a portion of
its facilities for the protection of the public, or if ordered by
duly constituted public authority to do so, the Company may,
without incurring liability, de-energize its facilities in such
vicinity or in such related area as may be practically required,
and the Company shall not be obligated to furnish electric service
through such facilities, but the Company shall be prompt and
diligent in re-energizing its facilities and restoring its service
as soon as it believes in the exercise of reasonable care for the
protection of the public and the employees of the company that such
action can be taken with reasonable safety.
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Attachment A
SCHEDULE 100
MUNICIPAL, URBAN COUNTY*, HOUSING AND OTHER AUTHORITIES
MISCELLANEOUS LIGHT AND POWER SERVICE AND
TRAFFIC CONTROL SERVICE
I. APPLICABILITY
This schedule is applicable for miscellaneous light and power
service and traffic control service for any municipality or urban
county, or board, agency or authority thereof.
II. MONTHLY RATE
A. For Miscellaneous Light and Power service:
Energy Charge per kWh:
Effective
7-1-91 Thru 6-30-93 7-1-93
6.369cts 6.685cts
B. Traffic Control service:
Energy Charge per kWh:
Effective
7-1-91 Thru 6-30-93 7-1-93
5.628cts 5.745cts
C. For purposes of billing for unmetered service,
kilowatthours shall be estimated based upon connected
load multiplied by hours usage.
D. The minimum charge for Miscellaneous Light and Power
and/or Traffic Control Service shall be such as may be
contracted for but not less than $5.50 per billing
month per meter or in the absence of a meter, per
connection. Such minimum charge shall be increased in
the amount of the applicable fuel adjustment factor on
all kilowatthours used.
E. Each kilowatthour used is subject to adjustment for
changes in fuel costs in accordance with the Fuel
Adjustment Clause attached hereto.
III. PAYMENTS
Bills are due and payable from the billing date as provided
in Section VII of the Terms and Conditions of which this schedule
is a part.
(Continued)
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - Urban County This Schedule Effective 07-01-91
3WAC121a.man
Attachment A
SCHEDULE 100
MUNICIPAL, URBAN COUNTY*, HOUSING AND OTHER AUTHORITIES
MISCELLANEOUS LIGHT AND POWER SERVICE AND
TRAFFIC CONTROL SERVICE
(Continued)
IV. All traffic control signals shall be installed by and
maintained at the cost and exp6nse of the Customer.
V. FESTOON AND OTHER DECORATIVE LIGHTING
A. Festoon and other decorative lighting facilities
installed, owned and maintained by or for the Customer
may be attached to Company owned poles provided the
Customer pays to the Company the rates and charges
contained in Sections II.A., C., D., and E. of this
schedule, and appropriate charge (s) as outlined in the
Temporary Service Charge schedule attached hereto, and
provided such installation is approved in advance by
the Company. Permission to attach on poles or
structures not owned by the Company must be secured by
the Customer from the owner of such poles or
structures.
B. The Customer assumes all responsibility for such
festoon or other decorative lighting installations and
agrees to save the Company harmless from any loss,
cost, injury or damage to persons or property
resulting out of or arising from the installation,
operation, use, non-use or removal of such
installation.
VI. AVAILABILITY OF SCHEDULE
This schedule will be available on and after July 1, 1991.
Arlington, Chesterfield, Fairfax, Hanover, Henrico, Loudoun,
Prince William, and York Counties.
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - Urban County This Schedule Effective 07-01-91
3WAC121a.man
Attachment B
SCHEDULE 110
MUNIICIPAL, URBAN COUNTY*, HOUSING AND OTHER AUTHORITIES
ALL-ELECTRIC BUILDING SERVICE AND DUAL FUEL SYSTEMS
I. APPLICABILITY
This schedule is applicable for all electric building service
for any municipality or urban county, or board, agency or authority
thereof which owns or leases a building for public purposes in
which electric heating equipment has been permanently installed and
in which electricity is used for all purposes including space
heating, water heating and/or cooking. The space heating system
may be either a total electric system or a qualifying dual fuel
electric heat pump system with automatic changeover to fossil fuel
in lieu of electric resistance heat when the outside temperature
drops below the balance point of the electric heat pump unit
(customarily 32'F - 35'F).
II. MONTHLY RATE
A. Energy Charge per kWh:
Effective
7-1-91 Thru 6-30-93 7-1-93
for billing
months of
June through
September 6.369cts 6.685cts
for billing
months of
October through
May 5.959cts 6.249cts
B. The minimum charge shall be such as may be contracted for
but not less than $5.50 per billing month per meter.
Such minimum charge shall be increased in the amount of
the applicable fuel adjustment factor on all
kilowatthours used.
C. Each kilowatthour used is subject to adjustment for
changes in fuel costs in accordance with the Fuel
Adjustment clause attached hereto.
III. PAYMENTS
Bills are due and payable from the billing date as provided
in Section VII of the Terms and Conditions of which this schedule
is a part.
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal Urban County This Schedule Effective 07-01-91
3WAC121a.man
Attachment B
SCHEDULE 110
MUNICIPAL, URBAN COUNTY*, HOUSING AND OTHER AUTHORITIES
ALL-ELECTRIC BUILDING SERVICE AND DUAL FUEL SYSTEMS
IV. AVAILABILITY OF SCHEDULE
This schedule will be available on and after July 1, 1991.
Arlington, Chesterfield, Fairfax, Hanover, Henrico, Loudoun,
Prince William and York Counties.
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal Urban County This Schedule Effective 07-01-91
3WAC121a.man
Attachment C
SCHEDULE 120
MUNICIPAL, URBAN COUNTY*, HOUSING AND OTHER AU7RORlTIES
WATER PUMPING, SEWAGE PUMPING AND SEWAGE DISPOSAL SERVICE
I. APPLICABILITY
This schedule is applicable for water pumping, sewage pumping
and sewage disposal service for any municipality or urban county,
or board, agency or authority thereof.
II. MONTHLY RATE
A. Energy Charge per kWh:
Effective
7-1-91 Thru 6-30-93 7-1-93
For all
on-peak kWh 6.369cts 6.685cts
For all
off-peak kWh 5.130cts 5.361cts
B. The minimum charge shall be such as may be contracted for
but not less than $5.50 per billing month per roeter.
Such minimum charge shall be increased in the amount of
the applicable fuel adjustment factor on all
kilowatthours used.
C. Each kilowatthour used is subject to adjustment for
changes in fuel costs in accordance with the Fuel
Adjustment Clause attached hereto.
III. PAYMENTS
Bills are due and payable from the billing date as provided
in Section VII of the Terms and Conditions of which this schedule
is a part.
IV. DETERMINATION OF ON-PEAK AND OFF-PEAK HOURS
A. On-peak hours are defined as the hours between 7 a.m.
and 10 p.m. (EST) daily.
B. Off-peak hours are defined as all other hours than
those listed in Section IV.A. above.
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - Urban County This Schedule Effective 07-01-91
3WAC121a.man
Attachment C
SCHEDULE 120
MUNICIPAL, URBAN COUNTY*, HOUSING AND OTHER AUTHORITIES
WATER PUMPING, SEWAGE PUMPING AND SEWAGE DISPOSAL SERVICE
V. AVAILABILITY OF SCHEDULE
This schedule will be available on and after July 1, 1991.
Arlington, Chesterfield, Fairfax, Hanover, Henrico, Loudoun,
Prince William, and York Counties.
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - Urban County This Schedule Effective 07-01-91
3WAC121a.man
.Virginia Electric and Power Company Attachment D
3GAP123a.man-1
SCHEDULE 130
MUNICIPAL AND COUNTY
LARGE MISCELLANEOUS LIGHT AND POWER SERVICE
I. APPLICABILITY
This schedule is applicable for the supply of 50 kW or more to any account
(Customer) for any municipality or county or any board, agency or authority
thereof, for miscellaneous light and power service.
ii. 30-DAY RATE Effective
A. Basic Customer Charge per billing 7-1-91 Thru 6-30-93 7-1-93
month $72.58 $72.58
B. Plus Power Supply Demand Charge
All kW of Power Supply Demand (per kW) @ $9.766 $9.766
C. Plus Distribution Demand Charge
First 700 kW of billing demand (per kW) @ $1.412 $1.412
Next 4300 kW of billing demand (per kW) @ $1.128 $1.128
Additional kw of billing demand (per kW) @ $0.971 $0.971
D. Plus RKVA Demand Charge
All rkVA of Demand (per rkVA) @ $0.15 $0.15
E. Plus Energy Charge
First 24,000 kWh (per kWh) @ 2.929cts 3.043cts:
Next 186,000 kWh* (per kWh) @ 2.253cts 2.367cts
Additional kWh (per kWh) @ 1.820cts 1.934cts
*If Power Supply Demand is 1000 kW or more, add 210 kWh for each kW
of demand over 1000 kW.
F. Plus each kWh used is subject to adjustment for changes in fuel
costs in accordance with the Fuel Adjustment Clause attached
hereto.
G. The minimum charge shall be such as may be contracted for, but
not less than the sum of the charges in A., B., C., and D.,
above.
(Continued)
Electric-Virginia Superseding Schedule Effective 07-01-88
Municipal-County This Schedule Effective 07-01-91
Virginia Electric and Power Company Attachment D
3GAP123a.man-2
SCHEDULE 130
MUNICIPAL AND COUNTY
LARGE MISCELLANEOUS LIGHT AND POWER SERVICE
III. DETERMINATION OF POWER SUPPLY DEMAND
A. Except as provided under III. B., the kW of demand billed under
II. B. shall be the highest of:
1. The highest average kw measured in any 30-minute interval during
the current billing month, or
2. 90% of the highest average kW of demand measured at this
location in any 30-minute interval during the billing months of
June through September of the preceding eleven billing months,
or
3. 50 kW.
B. Where the kW of demand determined under III. A. is 1000 kW or more,
the kW of demand billed under II. B. shall be the highest of:
1. The highest average kW measured in any 30-minute interval of the
current billing month during the on-peak hours of:
a. 10 a.m. to 10 p.m. , Mondays through Fridays, for the billing
months of June through September.
b. 7 a.m. to 10 p.m., Mondays through Fridays, for all other
billing months.
2. 90% of the highest kW of demand at this location as determined
under III. B. i., above during the billing months of June
through September of the preceding eleven billing months, or
3. 1000 kW.
(continued)
Electric-Virginia Superseding Schedule Effective 07-01-88
Municipal-County This Schedule Effective 07-01-91
'Virginia Electric and Power Company Attachment D
3GAP123a.man-3
SCHEDULE 130
MUNICIPAL AND COUNTY
LARGE MISCELLANEOUS LIGHT AND POWER SERVICE
(Continued)
IV. DETERMINATION OF DISTRIBUTION DEMAND
The Distribution Demand shall be billed only where the service voltage is
less than 69 kV. The kW of demand billed under II. C. shall be such as may be
contracted for, but not less than the higher of:
A. The highest average kW measured in any 30-minute interval during the
current and preceding eleven billing months, or
B. 50 kW
V. DETERMINATION OF RKVA DEMAND
The rkVA demand shall be billed only where the kW of demand is determined
under III. B. The rkVA of demand billed shall be the highest average rkVA
measured in any 30-minute interval during the current billing month.
Vi. METER READING AND BILLING
When the actual number of days between meter readings is more or less than
30 days, the Basic Customer Charge, the Power Supply Demand Charge, the
Distribution Demand Charge, the rkVA Demand Charge, the quantity of kWh in each
block of the Energy Charge, and the minimum charge of the 30-day rate will each
be multiplied by the actual number of days in the billing period and divided by
3 0.
VII. PAYMENTS
Bills are due and payable from the billing date as provided in Section VII
of the Terms and Conditions of the Agreement of which this schedule is a part.
VIII. SERVICE AVAILABLE
Normally, service will be supplied in accordance with Section II of the
Terms and Conditions of the Agreement of which this schedule is a part.
(Continued)
Electric-Virginia Superseding Schedule Effective 07-01-88
Municipal-County This Schedule Effective 07-01-91
Virginia Electric and Power Company Attachment D
3GAP123a.man-4
SCHEDULE 130
MUNICIPAL AND COUNTY
LARGE XISCELLANEOUS LIGHT AND POWER SERVICE
(Continued)
IX. STANDBY, MAINTENANCE OR PARALLEL OPERATION SERVICE
A Customer that requires standby, maintenance or parallel operation
service may elect service under this schedule provided the Customer contracts
for the maximum kW which the Company is to supply. Standby, maintenance or
parallel operation service is subject to the following provisions:
A. Suitable relays and protective apparatus shall be furnished,
installed, and maintained at the customer's expense in accordance
with section XII.A. of the Agreement.
B. In case the maximum measured kW demand, or 85% of any kVA demand
measured, exceeds the contract demand, the contract demand shall be
increased by such excess demand.
C. Where the service voltage is less than 69 kV, the demand billed under
II.C. shall be the contract demand.
Xi. TERM OF CONTRACT
The term of contract for the purchase of electricity under this schedule
shall be such as may be mutually agreed upon, but for not less than one year.
Electric-virginia Superseding Schedule Effective 07-01-88
Municipal-County This Schedule Effective 07-01-91
Virginia Electric and Power Company Attachment E
3GAP124a.man-1
SCHEDULE 131
XUNICIPAL AND COUNTY
THERXAL STORAGE
I. APPLICABILITY
This schedule is applicable for the supply of 50 kW or more on a
voluntary basis under the Company's Thermal Energy Storage Program to any
account (Customer) who operates electric thermal energy storage equipment.
Under this program the type, design, and capacity of the equipment must be
inspected and approved by the Company.
II. 30-DAY RATE
Effective
07-01-91 Thru 6-30-93 07-01-93
A. Basic Customer Charge per billing
month. $72.58 $72.58
B. Plus Power Supply Demand Charge
All KW of Power Supply Demand (per kW) @ $9.766 $9.766
C. Plus Distribution Demand Charge
First 700 kW of billing demand (per kW) @ $1.412 $1.412
Next 4300 kW of billing demand (per kW)@ $1.128 $1.128
Additional kW of billing demand (per kw)@ $0.971 $0.971
D. Plus RKVA Demand Charge
All RKVA of Demand (per rkVA) @ $0.15 $0.15
E. Plus Energy Charge
First 210 KWh per kW of Power Supply
Demand (per kWh) @ 2.253cts 2.367cts
Additional kWh (per kWh) @ 1.820cts 1.934cts
F. Plus each kWh used is subject to adjustment for changes in fuel
costs in accordance with the Fuel Adjustment Clause attached
hereto.
G. The minimum charge shall be such as may be contracted for, but
not less than the sum of the charges in Paragraphs A., B., C.,
and D. above.
(Continued)
Electric-Virginia superseding Schedule Effective 09-01-89
Municipal-County This Schedule Effective 07-01-91
Virginia Electric and Power company Attachment E
3GAP124a.man-2
SCHEDULE 131
MUNICIPAL AND COUNTY
THERMAL STORAGE
III. DETERMINATION OF POWER SUPPLY DEMAND
of: The kW of demand billed under Paragraph II.B. shall be the highest
A. The highest average kW measured in any 30-minute interval of the
current billing month during the on-peak hours of:
1. 10 a.m. to 10 p.m., Mondays through Fridays, for the period
of May 1 through October 31, or
2. 6 a.m. to 1 p.m. and 5 p.m- to 10 p.m., Mondays through
Fridays, for the period of November 1 through April 30, or
B. 90% of the highest kW of demand at this location as determined
under Paragraph III.A. during the billing months of June through
September of the preceding eleven billing months, or
C. 50 kW.
During the period of November I through April 30, should the highest
average kW measured in any 30-minute interval during the off-peak hours of
1 p.m. to 5 p.m., Mondays through Fridays, exceed the on-peak demand
determined under Paragraph A. above by more than the installed capacity of
the thermal storage system, the Company reserves the right to include these
hours in the determination of Power Supply Demand.
IV. DETERMINATION OF DISTRIBUTION DEMAND
The Distribution Demand shall be billed only when the service voltage
is less than 69 kV. The kW of demand billed under Paragraph II.C. shall
be such as may be contracted for, but not less than the higher of:
A. The highest average kW measured in any 30-minute interval during
the current and preceding eleven billing months, or
B. 50 kW
(Continued)
Electric-Virginia Superseding Schedule Effective 09-01-89
Municipal-County This Schedule Effective 07-01-91
Virginia Electric and Power company Attachment E
3GAP124a.man-3
SCHEDULE 131
MUNICIPAL AND COUNTY
THERMAL STORAGE
V. DETERMINATION OF RKVA DEMAND
The rkVA demand shall be billed only when the Power Supply Demand is
1000 kW or greater. The rkVA of demand billed shall be the highest average
rkVA measured in any 30-minute interval during the current billing month.
Vi. METER READING AND BILLING
When the actual number of days between meter readings is more or less
than 30 days, the Basic Customer Charge, the Power Supply Demand Charge,
the Distribution Demand Charge, the RKVA Demand Charge, the quantity of kWh
in the initial block of tbe Energy Charge, and the minimum charge of the
30-day rate will each be multiplied by the actual number of days in the
billing period and divided by 30.
VII. PAYMENTS
Bills are due and payable from the billing date as provided in
Section VII of the Terms and Conditions of the Agreement of which this
Schedule is a part.
VIII. SERVICE AVAILABLE
Normally, service will be supplied in accordance with Section II of
the Terms and Conditions of the Agreement of which this Schedule is a part.
IX. STANDBY, MAINTENANCE OR PARALLEL OPERATION SERVICE
A Customer that requires standby, maintenance or parallel operation
service may elect service under this schedule provided the Customer
contracts for the maximum kW which the Company is to supply. Standby,
maintenance or parallel operation service is subject to the following
provisions:
A. Suitable relays and protective apparatus shall be furnished,
installed, and maintained at the Customer's expense in
accordance with section XII.A. of the Agreement.
(Continued)
Electric-Virginia Superseding Schedule Effective 09-01-89
Municipal-County This Schedule Effective 07-01-91
Virginia Electric and Power Company Attachment E
3GAP124a.man-4
SCHEDULE 131
MUNICIPAL AND COUNTY
THERMAL STORAGE
IX. STANDBY, MAINTENANCE OR PARALLEL OPERATION SERVICE (Continued)
B. In case the maximum measured kW demand, or 85% of any kVA demand
measured, exceeds the contract demand, the contract demand shall
be increased by such excess demand.
C. Where the service voltage is less than 69 kV, the demand billed
under II.C. shall be the contract demand.
X. TERM OF CONTRACT
The term of contract for the purchase of electricity under this
schedule shall be such as may be mutually agreed upon, but for not less
than one year.
Electric-Virginia Superseding Schedule Effective 09-01-89
Municipal-County This Schedule Effective 07-01-91
Virginia Electric and Power Company Attachment F
3GAP125a.man-1
COUNTY AND MUNICIPAL
SCHEDULE CSCM
CURTAILABLE SERVICE
I. APPLICABILITY
This schedule is applicable on a voluntary basis to any account
(Customer) who purchases electricity in accordance with any
applicable rate schedule provided the account has, under the
Company's normal metering policies, a meter capable of recording
usage over 30 minute intervals. This schedule is not applicable
to customers who elect Schedule SGCM. Revisions to this schedule
may be made in accordance with the provisions in the Agreement For
the Purchase of Electric Service by Municipalities and Counties.
II. NOTIFICATION, CURTAILMENT PROVISIONS, AND MONTHLY BILLING TO THE
CUSTOMER
A. Curtailments may be requested by the Company only from May 16
through September 30 (Summer) and from December I through
March 31 (Winter). During the Summer, the potential
curtailment period is from 2 p.m. to 9 p.m. During the
Winter, the potential curtailment period is from 6 a.m. to 11
a.m., or from 5 p.m. to 10 p.m. Company requested
curtailments are limited to no more than one per day. For
each calendar year, the total number of curtailments shall be
limited to 13 curtailments during the Winter and 19
curtailments during the Summer. The Customer may elect
curtailments for one or both seasons.
B. If curtailments are elected for the Summer, the Customer shall
specify the Summer Firm Demand, which shall be the maximum
demandthe Company is to supply during curtailment periods of
the Summer season. Summer Firm Demand my be changed upon
written notice subsequent to September 30 but prior to May 16.
The Customer may elect to increase the Summer Firm Demand
during the current summer season upon written notice, subject
to reimbursement in accordance with Paragraph III. Such
increase in Summer Firm Demand shall not affect any previous
billing for failure to reduce to the summer Firm Demand then
applicable.
C. If curtailments are elected for the Winter, the Customer shall
specify the Winter Firm Demand, which shall be the maximum
demand the Company is to supply during curtailment periods of
the Winter season. Winter Firm Demand may be changed upon
written notice subsequent to March 31 but prior to December 1.
The Customer may elect to increase the Winter Firm Demand
(Continued)
Electric-virginia This Filing Effective 05-01-90
Municipal-County
Virginia Electric and Power Company Attachment F
3GAP125a.man-2
COUNTY AND MUNICIPAL
SCHEDULE CSCM
CURTAILABLE SERVICE
ii. NOTIFICATION, CURTAILMENT PROVISIONS, AND MONTHLY BILLING TO
THE CUSTOMER (Continued)
during the current Winter season upon written notice, subject
to reimbursement in accordance with Paragraph III. Such
increase in Winter Firm Demand shall not affect any previous
billing for failure to reduce to the Winter Firm Demand then
applicable.
D. when notification of requested curtailment is provided at a
time other than during a potential curtailment period, the
Customer shall reduce load to the applicable Summer/Winter
Firm Demand within 30 minutes of receiving notification, or at
the beginning of the next potential curtailment period,
whichever occurs later. When notification of requested
curtailment is provided during a potential curtailment period,
the Customer shall reduce load to the applicable Summer/Winter
Firm Demand within 30 minutes of receiving notification. The
Customer shall remain at or below the firm level until
notification by the Company, or until the end of the potential
curtailment period, whichever occurs first.
E. Primary notification shall be through telecommunication
equipment provided by the Company. The Customer shall arrange
for telephone service, at the Customer's expense, dedicated
solely to such equipment. A secondary notification procedure
shall be established which is mutually agreeable to the
Customer and the Company.
F. Billing to the Customer shall include a monthly charge of $70
to cover communication and administrative costs.
III. DETERMINATION OF PAYMENT
A. Payment to the Customer will be applicable for the billing
months of December through March and June through September.
Payment will not depend upon requested curtailment(s) or
compliance. Payment may be made in the form of a deduction
from billing to the Customer. For each billing month where
payment is applicable, the company shall determine the
Curtailable Load defined as kW- minus kW, where kW. is the
(Continued)
Electric-Virginia This Filing Effective 05-01-90
Municipal-County
Virginia Electric and Power Company Attachment P
3GAP125a.man-3
COUNTY AND MUNICIPAL
SCHEDULE CSCM
CURTAILABLE SERVICE
III. DETERMINATION OF PAYMENT (Continued)
average demand over all potential curtailment periods of the
current billing month, excluding days of curtailment, and kw,
is the applicable Summer/Winter Firm Demand.
B. When a payment is applicable, the Customer will be paid $6.75
per kW of Curtailable Load for the billing raonths of December
through March, and $12.00 per kW of Curtailable Load for the
billing months of June through September. In the event that
the Summer Firm Demand is increased during the current Summer
season, the Customer shall reimburse the Company for
overpayments beginning with the most recent June billing
month. In the event that the Winter Firm Demand is increased
during the current Winter season, the Customer shall reimburse
the Company for overpayments beginning with the most recent
December billing month.
IV. BILLING FOR FAILURE TO CURTAIL
The Company shall determine the highest average kW ineasured in any
30-minute interval of each curtailment period. For each
curtailment period during the Summer, the Customer shall be billed
$48 times any demand in excess of the Summer Firm Demand. For
each curtailment period during the Winter, the Customer shall be
billed $27 times any demand in excess of the Winter Firm Demand.
Each season the Customer may request by letter that one period of
Company requested curtailment be ignored in the determination of
curtailment compliance. Such request shall be made within 10 days
of the specific Company requested curtailment.
V. TERM OF CONTRACT
The term of contract under this schedule shall be such as may be
mutually agreed upon, but for not less than one year.
Electric-Virginia This Filing Effective 05-01-90
Municipal-County
Virginia Electric and Power Company Attachment G
3KWS126a.man-I
COUNTY AND MUNICIPAL
SCHEDULE SGCM
STANDBY GENERATOR
I. APPLICABILITY
This schedule is applicable on a voluntary basis to any account
(Customer) who: (1) purchases electricity in accordance with any
applicable rate schedule, and (2) has standby generation capacity
of 100 kW or greater which is not normally operated in parallel
with the company. This schedule is not applicable to customers
who elect Schedule CSCM. Under this schedule the Customer agrees
to transfer load normally served by the Company to his standby
generation upon company request. Standby generation is defined
as generation installed by the Customer to supply electricity
during those times when service is not available from the
company. Revisions to this schedule may be made in accordance
with the provisions in the Agreement For the Purchase of Electric
Service by Municipalities and Counties.
ii. NOTIFICATION, GENERATION PROVISIONS, AND MONTHLY BILLING TO THE
CUSTOMER
A. Company-owned facilities will be required to meter the output
of the Customer's generator. Billing to the Customer shall
include a monthly charge of $140 to cover costs associated
with metering facilities, meter reading and processing,
communication, and administration.
B. Operation may be requested by the Company only from May 16
through September 30 (Summer) and from December I through
March 31 (Winter). During the Summer, the potential operation
period is from 2 p.m. to 9 p.m. During the Winter, the
potential operation period is from 6 a.m. to 11 a.m., or from
5 p.m. to 10 p.m. Company requested operations are limited to
no more than one per day. For each calendar year, the total
number of operation requests shall be limited to 13 during the
Winter and 19 during the Summer.
C. when notification of requested operation is provided at a time
other than during a potential operation period, the Customer
shall begin operation within two hours, or at the beginning of
the next potential operation period, whichever occurs later.
When notification of requested operation is provided by the
Company during a potential operation period, the Customer
shall begin operation within two hours of receiving
notification. The Customer shall continue operation until
notification by the Company, or until the end of the potential
operation period, whichever occurs first.
(Continued)
Electric - Virginia This Filing Effective 05-01-90
Municipal-County
Virginia Electric and Power Company Attachment G
3KWS126a.man-2
COUNTY AND MUNICIPAL
SCHEDULE SGCM
STANDBY GENERATOR
II. NOTIFICATION, GENERATION PROVISIONS, AND MONTHLY BILLING TO THE
CUSTOMER (Continued)
D. Primary notification shall be through telecommunication
equipment provided by the Company. The Customer shall arrange
for telephone service, at the Customer's expense, dedicated
solely to such equipment. A secondary notification procedure
shall be established which is mutually agreeable to the
Customer and the Company.
iii. DETERMINATION OF PAYMENT TO CUSTOMER
A. For each season the Customer shall contract for the amount of
load the standby generation will maintain upon company
requested operation. This amount shall be based on the kW
output of the Customer's standby generator, and shall be
referred to as the capacity level (CL). Summer CL need not
equal Winter CL. Both shall be mutually agreeable to the
Customer and the Company, but no greater than the load
connected to the Customer's generation.
B. Payment to the Customer may be made in the f orm of a deduction
from billing to the Customer. During billing months where
operation of standby generation is not requested by the
Company, the customer shall be paid based on the applicable
contracted CL. For all other billing months the Customer
shall be paid based on the Average Capacity Generated during
Company requests. Average Capacity Generated is defined as
the total energy generated during period(s) of company
requested operation during the current billing month, divided
by the hours of requested operation during the current billing
month. Each season the Customer may request by letter that
one period of Company requested operation be ignored in the
determination of the Average Capacity Generated. Such request
shall be made within 10 days of the specific company requested
operation. For the billing months of November through April,
the Customer shall be paid $4.50 per kw. For the billing
months of May through October, the Customer shall be paid
$8.00 per kW.
(Continued)
Electric - Virginia This Filing Effective 05-01-90
Municipal-County
Virginia Electric and Power Company Attachment G
3KWS126a.man-3
COUNTY AND MUNICIPAL
SCHEDULE SGCM
STANDBY GENERATOR
iii. DETERMINATION OF PAYMENT TO CUSTOMER (Continued)
C. When the Average Capacity Generated for any billing month is
less than the applicable contracted CL, the applicable
contracted CL shall be reduced to the Average Capacity
Generated. In the event that contract summer CL is reduced
prior to September 30, the Customer shall reimburse the
Company for overpayments during prior billing months where
operation was not requested, beginning with the most recent
May billing month. In the event that contract Winter CL is
reduced prior to March 31, the Customer shall reimburse the
Company for overpayments during prior billing months where
operation was not requested, beginning with the most recent
November billing month. Contract Summer CL may be increased
by mutual agreement subsequent to the October billing month.
Contract Winter CL may be increased by mutual agreement
subsequent to the April billing month.
IV. METERING AND FACILITY INSPECTION
All facilities necessary to meter the Customer's standby
generation shall be installed and maintained according to Company
specifications. All electrical facilities on the line side of the
metering installation shall be subject to inspection by the
Company's authorized representative at all reasonable times.
V. METER READING, BILLING, AND PAYMENT
Meters may be read monthly. Billing and payment will be made
concurrent with billing under the applicable rate schedule for
the purchase of electricity.
Vi. TERM OF CONTRACT
The term of contract under this schedule shall be such as may be
mutually agreed upon, but for not less than one year.
Electric-Virginia This Filing Effective 05-01-90
Municipal-County
Attachment R
SCHEDULE 150
MUNICIPAL AND COUNTY
ROADWAY, DIRECTIONAL AND AREA LIGHTING SERVICE
HIGH PRESSURE SODIUM VAPOR
I. APPLICABILITY
Service on this-schedule-is-available-to,-any municipality or county,
or any board, agency or authority thereof for roadway, directional and area
lighting service.
II. MONTHLY RATE
A. Roadway, Directional and Area Lighting service
1. Type 1. Fixtures consisting of the following types: open
vertical, enclosed, small colonial, traditional colonial,
contemporary, sphere, and the rectangular.
Approximate Input Monthly Rate Per Unit Per Month
Lumens Wattaqe kWh Effective
7-1-91 Thru 6-30-93 7-1-93
5,000 HPSV 82 30 $ 8.18 $ 8.40
8,000 HPSV 120 40 $ 9.00 $ 9.24
14,000 HPSV 202 70 $10.94 $11.22
23,000 HPSV 315 105 $15.28 $15.66
42,000 HPSV 490 160 $23.16 $23.74
127,000 HPSV 1,130 380 $35.84 $36.66
2. Type 2. Fixtures consisting of the following types: ultra,
acorn and the decorative colonial.
Rate Per Unit Per Month
Approx. Monthly First Unit Each Additional
Lumens Type kWh Per Pole Unit on Same Pole
Effective Effective
7-1-91 1-1-92 7-1-93 7-1-91 thru 6-30-93 7-1-93
5,000 HPSV 30 $23.12 $17.90 $18.39 $ 8.54 $ 8.77
8,000 HPSV 40 $23.86 $18.55 $19.06 $ 9.31 $ 9.55
14,000 HPSV 70 $25.21 $20.27 $20.81 $11.08 $11.36
23,000 HPSV 105 $28.53 $24.24 $24.88 $14.42 $14.78
42,000 HPSV 160 $32.35 $30.41 $31.19 $18 . 2 3 $18.67
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment N
SCHEDULE 150
MUNICIPAL AND COUNTY
ROADWAY, DIRECTIONAL AND AREA LIGHTING SERVICE
HIGH PRESSURE SODIUM VAPOR
(Continued)
3. Directional Lighting-Service
Rate Per Unit Per Month
Approx. Monthly First unit Each Additional
Lumens Type kWh Per Pole Unit on S me Pole
Effective Effective
7-1-91 Thru 6-30-93 7-1-93 7-1-91 Thru 6-30-93 7-1-93
42,000 HPSV 160 $24.27 $24.88 $15.63 $15.98
127,000 HPSV 380 $36.75 $37.60 $27.30 $27.88
4. Expressway - Specifically designed luminaires which allow
greater spacing and up to 40 foot setbacks from the outside lane
edge of highways.
Rate Per Unit Per Month
'Approx. Monthly First Unit Each Additional
Lumens Type kWh Per Pole Unit on Same Pole
Effective Effective
7-1-91 Thru 6-30-93 7-1-93 7-1-91 Thru 6-30-93 7-1-93
23,000 HPSV 105 $38.52 $39.56 $23.39 @24.00
42,000 HPSV 160 $41.75 $42.86 $26.63 $27.31
5. Charge for Fluted Poles and for Aluminum Bridge Poles Meeting
Requirements of Schedule 152
Some of the luminaires available under II.A.l. and 2. above
are known as pole top luminaires to be installed on either a
concrete pole or a tapered textured fiberglass pole. Should
the Customer want a 10 to 14 foot fluted decorative pole in
lieu of the concrete or tapered textured fiberglass pole, the
charge per month will be the appropriate charge from II.A.l.
or 2. above plus the appropriate charge below. For luminaires
installed on bridge poles meeting the requirements of Schedule
152, the charge per month will be the appropriate charge from
II.A.1 above plus item i. below.
i. aluminum fluted decorative pole or bridge pole $ 18.66
ii. fiberglass fluted decorative pole $7.46
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment H
SCHEDULE 150
MUNICIPAL AND COUNTY
ROADWAY, DIRECTIONAL AND AREA LIGHTING SERVICE
HIGH PRESSURE SODIUM VAPOR
(Continued)
-The,sum of the -appropriate pole charges in this paragraph and
the charges from II.A.l. or 2. above shall be used to
determine the excess of four years' revenue.
6. Availability of Additional Fixtures
As additional fixtures become available for inclusion in the
Company's system, the Company will endeavor to assign such
fixtures an appropriate rate under this Schedule.
B. Fuel Adjustment Charge
Each kilowatthour used is subject to adjustment for changes in fuel
costs in accordance with the Fuel Adjustment Clause. Kilowatthours
used shall be the "Monthly kwhll shown above for each lamp.
C. Minimum Charge
The monthly minimum charge shall be the rate specified in
Section II. A. above. The minimum charge shall be increased by any
applicable fuel adjustment factor.
III. PAYMENTS
Bills are due and payable from the billing date as provided in
Section VII of the Terms and Conditions of which this Schedule is a part.
IV. TERMS AND CONDITIONS
The complete installation is to be furnished, maintained and operated
by the Company and will remain the property of the Company. The type of
fixture and method of installation shall be in accordance with Company
standards. The company will make either overhead or underground
installations in accordance with Section III of the Terms and Conditions
of which this schedule is a part. Installations on buildings or structures
belonging to the Customer or to others will not be permitted.
The Customer shall report to the Company, as promptly as possible,
any lights that are@out or not burning properly. The Company will, except
in storm or other unusual weather or operating conditions endeavor to
replace or repair such lights within three working days aftr such report
for overhead installations and within five working days for underground
installations. If the streetlight has not been repaired within eleven
calendar days regardless of the reason, the Company will automatically
adjust the billing. The amount of any refund or credit for such lights
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment H
SCHEDULE 150
MUNICIPAL AND COUNTY
ROADWAY, DIRECTIONAL AND AREA LIGHTliqU SERVICE
HIGH PRESSURE SODIUM VAPOR
(Continued)
IV. TERMS ANDICONDITIONS-(Continued)
shall be prorated for the days of outage following the first report to the
Company. The above paragraph will not be applicable to outages caused by
extraordinary circumstances requiring abnormal repairs.
Upon request, the Company will provide a report to the Customer on
a raonthly basis of all street light outages reported to the Company which
occurred during the month. The report shall state (a) the location of the
street light, (b) the lumen size (c) type of lamp (mv or HPSV) (d) type of
fixture (Type 1 or Type 2), (e) the date the outage was reported, (f)
when the outage was repaired, and (g) the cause of the problem.
V. AVAILABILITY OF SCHEDULE
This schedule will be available on and after July 1, 1991.
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment I
SCHEDU@E 151
MUNICIPAL AND COUNTY
ROADWAY, DIRECTIONAL AND AREA LIGHTING SERVICE
INCANDESCENT, MERCURY VAPOR, AND URBANLITES
CLOSED TO NEW INSTALLATIONS REQUESTED
AFTER JANUARY 1, 1986 EXCEPT AS OUTLINED HEREIN
I. APPLICABILITY
Service on this schedule for the incandescent, mercury vapor and
urbanlites lighting units listed below is available to any municipality or
county, or any board, agency or authority thereof for roadway, directional
and area lighting service for installations existing as of january 1, 1986
only. other units listed below are available only as described in the next
paragraph.
Existing incandescent (until removed under the Company's incandescent
removal plan), mercury vapor or urbanlite units as listed below will
continue to be supplied at those locations being served as of January 1,
1986 at the rates set forth below. In the event such an existing unit is
discontinued at Customer's option, it shall not thereafter be available at
such location. No additional such units will be supplied, and in the event
any such other unit shall fail and cannot be made operative in the field,
at Customer's option the company will, at Company's cost, after reasonable
notification to customer, either (a) remove and not replace the defective
fixtures, or (b) replace the same with Company's high pressure sodium vapor
fixture of Customer's choice which will thereafter be billed at the
appropriate rate; except that a new mercury vapor unit will be installed
upon the Customer's request if it is to be within a block which already has
existing mercury vapor units or adjacent to an area which has existing
mercury vapor units. However, if the existing area served by mercury vapor
is separated from the unlighted area by an identifiable visual break, such
as a major thoroughfare, a major intersection, a body of water, or a grove
of trees, etc., no mercury vapor units will be installed in the unlighted
area. In all other instances where such visual break is not readily
identifiable, the Customer will make the determination as to whether
mercury vapor units are to be installed but in all instances, the Customer
will make every effort to install high pressure sodium vapor units.
(Continued)
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - County This Schedule Effective 07-01-91
3WAC120a.man
Attachment I
SCHEDULE 151
MUNICIPAL AND COUNTY
ROADWAY, DIRECTIONAL AND AREA LIGHTING SERVICE
INCANDESCENT, MERCURY VAPOR, AND URBANLITES
CLOSED TO NEW INSTALLATIONS REQUESTED
AFTER-JANUARY 1,-1986 EXCEPT AS,OUTLINED HEREIN
(Continued)
ii. MONTHLY RATE
A. Roadway, Directional and Area Lighting Service
1. Mercury Vapor (MV)
Approximate Input Monthly Rate Per Unit
Lumens Wattage kWh Per Month
Effective
7-1-91 Thru 6-30-93 7-1-93
3,300 MV 125 40 $ 8.47 $ 8.69
7,000 MV 208 70 $10.19 $10.44
11,000 mv 294 100 $13.36 $13.69
20,000 MV 452 150 $19.23 $19.70
33,000 MV 765 250 $30.28 $31.02
53,000 MV 1,080 360 $39.23 $40.16
2. Urbanlites --- Rectangular shaped luminaires which provide sharp
cutoff light patterns along with decorative, environmental
qualities, applicable to Roadway and Area Lighting service.
Approximate Input Monthly Rate Per Unit
Lumens Wattage kWh Per Month
Effective
7-1-91 Thru 6-30-93 7-1-93
20,000 MV 452 150 $29.40 $30.16
14,000 HPSV 202 70 $22.04 $22.63
23,000 HPSV 315 105 $23.97 $24.60
3. Directional Lighting Service
Rate Per Unit Per Month
Approx. Monthly First Unit Each Additional Unit
Lumens kWh Per Pole On Same Pole
Effective Effective
T-1-91 Thru 6-30-93 7-1-93 7-1-91 Thru 6-30-93 7-1-95
20,000 MV 150 $20.82 $21.34 $15.69 $16.06
53,000 MV 360 $37.83 $38.72 $27.78 $28.39
(Continued)
Electric virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment I
SCHEDULE 151
MUNICIPAL AND COUNTY
ROADWAY, DIRECTIONAL AND AREA LIGHTING SERVICE
INCANDESCENT, MERCURY VAPOR, AND URBANLITES
CLOSED TO NEW INSTALLATIONS REQUESTED
-AFTER JANUARY 1, 1986 EXCEPT'As OUTLINED HEREIN
(Continued)
4. Incandescent (INC.) Units
Approximate Monthly Rate Per unit
Lumens kWh Per Month
Effective
7-1-91 Thru 6-30-93 7-1-93
2,500 INC. 70 $10.15 $10.40
4,000 INC. 110 $12.31 $12.60
6,000 INC. 150 $12.42 $12.70
10,000 INC. 230 $16.18 $16.52
B. Fuel Adjustment Charge
Each kilowatthour used is subject to adjustment for changes in
fuel costs in accordance with the Fuel Adjustment Clause.
Kilowatthours used shall be the "Monthly kwhll shown above for
each lamp.
C. Minimum Charge
The monthly minimum charge shall be the rate specified in
Section II.A. above. The minimum charge shall be increased by
any positive applicable fuel adjustment factor.
iii. PAYMENTS
Bills are due and payable from the billing date as provided in
Section VII of the Terms and Conditions of which this Schedule is a part.
IV. TERMS AND CONDITIONS
The complete installation is to be furnished, maintained and
operated by the Company and will remain the property of the Company. The
type of fixture and method of installation shall be in accordance with
Company standards. The Company will make either overhead or underground
installations in accordance with Section III of the Terms and Conditions
of which this schedule is a part. Installations on buildings or structures
belonging to the Customer or to others will not be permitted.
(Continued)
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - County This Schedule Effective 07-01-91
3WAC120a.man
Attachment I
SCHEDULE 151
MUNICIPAL AND COUNTY
ROADWAY, DIRECTIONAL AND AREA LIGHTING SERVICE
INCANDESCENT, MERCURY VAPOR, AUD URBANLITES
CLOSED TO NEW INSTALLATIONS REQUESTED
AFTER JANUARY 1, 1986 EXCEPT AS OUTLINED HEREIN
(Continued)
IV. TERMS AND CONDITIONS (Continued)
The Customer shall report to the Company, as promptly as possible, any
lights that are out or not burning properly. The Company will, except in
storm or other unusual weather or operating conditions, endeavor to replace
or repair such lights within three working days after such report for
overhead installations and within five working days for underground
installations. If the street light has not been repaired within eleven
calendar days regardless of the reason, the Company will automatically
adjust the billing period. The amount of any refund or credit for such
lights shall be prorated for the days of outage following the first report
to the Company. The above paragraph will not be applicable to outages
caused by extraordinary circumstances requiring abnormal repairs.
Upon request, the Company will provide a report to the Customer
on a monthly basis of all street light outages reported to the Company
which occurred during the month. The report shall state (a) the location
of the street light, (b) the lumen size (c) type of lamp (mv or HPSV) (d)
type of fixture (e) the date the outage was reported, (f) when the outage
was repaired, and (g) the cause of the problem.
V. AVAILABILITY OF SCHEDULE
This schedule will be available on and after July 1, 1991.
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment i
SCHEDULE 152
MUNICIPAL AND COUNTY
STREET LIGHTING FIXTURES ON BRIDGES AND OVERPASSES
The Company will install, own, and maintain its standard design
aluminum bridge poles, fixtures, arms, shock pads, dampers, photocontrols,
lamps, wire, cable and associated connectors provided:
A. Distance from water level to bridge deck does not exceed 115 -
feet.
B. Length of arm does not exceed eight feet.
C. Luminarie shall be 8,000, 14,000, 23,000 or 42,000 lumen high
pressure sodium vapor enclosed horizontal fixture.
The Customer will:
1. Install, maintain, and operate all fixed items including,
but not limited to, conduit, handholes, pole foundations,
and anchor bolts to company specifications.
2. At the time of installation, pays the excess cost, if any,
to the extent such installation costs exceeds four times
the estimated annual revenue, excluding the fuel adjustment
clause factor.
3. Pay the monthly rate shown for bridge and overpass
lighting.
4. Supply necessary traffic control when maintenance is
required on the facilities supplied by the Company if
special safety equipment not used elsewhere on the Virginia
Power system is required and the safety of Virginia Power
employees becomes at risk.
5. Agree to continue to pay the monthly charge for a period of
five years from the date of the original installation and
continuing thereafter until ninety days written notice of
termination is given by either party, notwithstanding the
fact that the Agreement to which this provision is a part
will terminate prior to such date.
D. Repair of fixtures will be performed in the same manner and
same time period as specified in Section IV of the Street
Lighting Schedules. In such case, the schedule of repair will
be coordinated with the Customer.
E. The monthly charges shall be as described in Schedule 150 and
include the additional charge for bridge poles stated in
paragraph II.A.5.i of that schedule.
Electric - Virginia superseding Schedule Effective 07-01-88
municipal County This Schedule Effective 07-01-91
3WAC120a.man
AttachMent K
SCHEDULE 153
MUNICIPAL AND COUNTY
STREET LIGHTING - SPECIAL FIXTURES
If requested by Customer, the Company shall install special
street lighting fixtures and/or poles that are of standard
manufacture (i.e., manufacturer's inventory items) and do not
require extraordinary handling or maintenance as follows:
1. The Customer shall provide all fixed items; such as,
conduit, hand holes, manholes, and pole bases, etc. The
Customer will pay the Excess of Four Years' Revenue of a
normal street lighting installation plus the tax effect
recovery factor, if applicable, plus a facilities charge
pursuant to Schedule B on the difference between a normal
and the special streetlighting installation.
2. A perpetual inventory of these special
f ixtures/poles/replacement parts as may be required will be
provided by the Customer to consist of not less than 10% of
the installed fixtures/poles. storage for the inventory
shall be provided by the Customer.
3. If the fixtures/poles prove to require an excessive amount
of maintenance, the Company and Customer will agree upon a
modified facility charge rate.
4. Customer agrees to have an initial term of five years for
installation of the fixtures/poles continuing thereafter
until 90 days written notice of termination is given.
5. Should the Customer request a change in the special
fixtures/poles such change shall be paid for by the
Customer.
6. Customer shall pay the Company its cost of purchasing any
special fixtures, poles or parts for replacement for
existing installations as well as for repair. Such cost
shall be the greater of the invoice cost plus 10 % or the
invoice cost plus $50.00.
(Continued)
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment K
SCHEDULE 153
MUNICIPAL AND COUNTY
STREET LIGHTING - SPECIAL FIXTURES
(Continued)
7. Maintenance and servicing of these special fixtures/poles
shall be at a standard not less than that furnished to
other fixtures provided by the Company to the Customer and
as specified in Section IV, Terms and conditions of the
Street Lighting Schedules.
8. Customer agrees that the special fixtures/poles to be
requested will meet the engineering and safety requirements
of the Company as follows:
a. meet ANSI standards
b. be of utility quality or better
C. be capable of being maintained within Company
safety standards
d. accept the Company's high pressure sodium vapor
lamp (mogul base)
e. meet company specifications
9. The rate included in any special streetlighting Agreements
existing as of the effective date of this Agreement shall
be restated to account for fuel in the same manner as other
rates in this Agreement and increased by the same
percentage as agreed to for overall electric service
generally.
10. In the event any special lighting fixture and/or pole
originally supplied by the Customer under this Schedule, or
equivalent schedule under a previous Agreement, becomes a
standard lighting fixture and/or pole (referred to
collectively as "installation") for which the Company has
provided an applicable rate, the Company will serve such
installation under the applicable rate. In such event, the
Company will purchase from the customer all repair parts,
poles and luminaires purchased by the Customer for
inventory and/or repair which the Customer was required by
the Company to have in inventory as provided in paragraph
2 of this Schedule. The Company shall purchase such
materials from the Customer at the Company's existing rate
for similar materials.
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachinent L
SCHEDULE 154
MUNICIPAL AND COUNTY
SERVICE TO CUSTOMER-OWNED
STREET, AREA AND OTHER OUTDOOR LIGHTING FACILITIES
OPERATED ONLY DURING NIGHT-TIME HOURS
I. APPLICABILITY
This schedule may be selected by any municipality or county
or any board, agency or authority thereof, for the supply of
alternating current electricity to customer installed,
owned, and maintained street, area or other outdoor lighting
facilities which meet the Terms and Conditions of this
schedule. Electricity supplied under this schedule shall
not be used for other purposes.
II. MONTHLY RATE
A. Basic Customer Charge
1. For metered service, the Basic Customer Charge is
$5.50.
2. For unmetered service, the Basic Customer Charge
is $2.00 per delivery point.
B. Plus Energy Charge
Rate per kWh:
Effective
7-1-91 thru 6-30-93 7-1-93
5.130cts 5.361)t
C. For the purposes of billing unmetered service,
kilowatthours shall be estimated based upon connected
load multiplied by hours usage.
D. Each kilowatthour used is subject to' adjustment for
changes in fuel costs in accordance with the Fuel
Adjustment Clause attached hereto.
III. PAYMENTS
Bills are due and payable from the billing date as provided
in Section VII of the Terms and Conditions of which this
schedule is a part.
Electric-Virginia This Schedule Effective 07-01-91
Municipal-County
Attachinent L
SCHEDULE 154
MUNICIPAL AND COUNTY
SERVICE TO CUSTOMER-OWNED
STREET, AREA AND OTHER OUTDOOR LIGHTING FACILITIES
OPERATED ONLY DURING NIGHT-TIME HOURS
(Continued)
IV. TERMS AND CONDITIONS
A. Metered service shall be supplied to one delivery
point. When metered service is provided, the customer
will install, own and maintain an appropriate approved
structure to support the Company's metering facilities.
B. Unmetered service may be supplied to one or more
delivery points when mutually agreed by the Company and
the Customer. When unmetered service is provided, the
Company will connect to the Customer's conductors at
the base of the lighting pole in a suitable space which
meets the Company's specifications and approval. For
electric service to underpass lighting and illuminated
information signs, the location of the delivery point
shall be as mutually agreed by the Company and the
Customer.
C. The Customer's lighting shall be switched by a
photoelectric control that fails in the off position.
Photoelectric controls shall be designed to energize
the luminaire when the ambient light is 1.5
footcandles (a tolerance of +/-0.3 footcandles is
allowed). The control shall be designed so that, once
energized, the luminaire is de-energized when the
ambient light is below 2.5 footcandles. The control
shall be located such that it is not blocked from the
natural ambient light.
D. The Company shall extend facilities to the delivery
point(s) upon payment of the Excess of Four Years'
Revenue.
Electric-Virginia This Schedule Effective 07-01-91
Municipal-County
Attachment X
SCHEDULE A
MUNICIPAL AND COUNTY
TEMPORARY SERVICE CHARGE
Upon request of the Customer, temporary service shall be
supplied under the following conditions:
A. Advance payment to the Company will not be required prior
to connection of the service. A Temporary service Charge
which, except as modified by Paragraphs B. and C., shall be
the estimated net cost (including all applicable overhead
costs) of installing and removing the service facilities
furnished by the Company both on and off the Customer's
premises, but in no case shall such charge be less than
$16.56.
B. Where temporary service is furnished at a permanent service
location, the Temporary Service Charge will be the net cost
to the Company, including overhead costs, which is in
excess of the estimated cost of furnishing the permanent
service.
C. When the construction necessary to install the required
service is a service drop (single phase, 3 wire overhead)
or underground service from an existing secondary, or from
an existing padmounted transformer, the customer may elect
to pay, in lieu of the charges described in Paragraph A. or
B., the currently effective flat charge as approved by the
Virginia State Corporation Commission, provided that the
temporary service meets the required specifications.
However, if the Customer requests the Company to prepare an
estimate under either Paragraph A. or B., above, then the
flat charge under this Paragraph C. will not be applicable.
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment N
SCHEDULE B
MUNICIPAL AND COUNTY
EXCESS FACILITIES SERVICE RATE
When the Customer is provided excess of normal facilities in
accordance with Section XI of the Terms and Conditions of which this
schedule is a part, the Customer will pay a facilities charge as follows:
A. The Customer agrees to pay the company a Monthly Facilities
Charge equal to 1.75% of the estimated new installed cost
of all facilities provided by the Company in addition to
those facilities which the Company would normally provide
to supply electricity to the Customer at one delivery
point. The Monthly Facilities Charge will be in addition
to the charge for electricity in accordance with the
applicable rate schedule.
B. In lieu of the charge specified in Paragraph A. above, the
Customer agrees to pay, (a) a one-time Facilities Charge
equal to the estimated new installed cost of all facilities
provided by the Company in addition to those the Company
would normally provide multiplied by a tax effect recovery
factor of 1.29, plus (b) a Monthly Facilities Charge equal
to 0.75% of said cost.
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment 0
SCHEDULE C
MUNICIPAL AND COUNTY
SCHEDULE OF
MISCELLANEOUS AND STANDBY CHARGES
APPLICABLE TO THE UNITS OF
LOCAL GOVERNMENT OF THE
COMMONWEALTH OF VIRGINIA
Type of Charge Amount of Charge
1. Connection $15.00 per instance
2. Minimum temporary service charge $16.56 per instance
3. Tax effect recovery factor multiplier
applicable to monies collected and
classified as contributions in aid
of construction as of the 1.29
effective date of the agreement.
This factor subject to change
concurrent with any change authorized
for other retail customers in virginia.
4. Where parallel or standby service is supplied
under Schedule 130 or 131, the charges
shall be as provided therein. Where such service
is supplied under another rate schedule, the
monthly charge for parallel or standby
operation service shall be the sum of a.,
and b. below:
a. The greater of: 07-01-91 07-01-93
(1) Contract demand per kw
(as determined in Section XII
of Agreement) $3.69 $3.79
or
(2) Monthly kWh @
Municipal $3.428cts 3.525cts
County $4.381cts 4.506cts
plus
b. Monthly kWh x (the rate per kWh currently effective
in the applicable rate schedule)
- (rate per kWh listed in 4a.2. above)
+ (monthly fuel adjustment factor)
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - County This Schedule Effective 07-01-91
3WAC120a.man
Attachment P
SCHEDULE D
MUNICIPAL AND COUNTY
MERCURY VAPOR TO HIGH PRESSURE SODIUM VAPOR
CONVERSION CHARGES
Credit
County/Municipality
In Area Scheduled Cost per Fixture
virginia Power for Relamp@* Countv/Municii)ality
R/P 3300 lumen MERC $170.00 $30.00 $140.00
W/5000 lumen HPSV
R/P 3300 lumen MERC $170.00 $30.00 $140.00
w/8000 lumen HPSV
R/P 3300 lumen MERC $185.00 $30.00 $155.00
w/14000 lumen HPSV
R/P 3300 lumen MERC $225.00 $30.00 $195.00
W/23,000 lumen HPSV
R/P 7000 lumen MERC $185.00 $30.00 $155.00
w/8000 lumen HPSV
R/P 7000 lumen MERC $185.00 $30.00 $155.00
w/14000 lumen HPSV
R/P 7000 lumen MERC $230.00 $30.00 $200.00
W/23000 lumen HPSV
R/P 11000 lumen MERC $185.00 $30.00 $155.00
w/8000 lumen HPSV
R/P 11000 lumen MERC $185.00 $30.00 $155.00
w/14000 lumen HPSV
R/P 11000 lumen MERC $230.00 $30.00 $200.00
w/23000 lumen HPSV
R/P 20000 lumen MERC $220.00 $30.00 $190.00
W/14000 lumen HPSV
R/P 20000 lumen MERC $220.00 $30.00 $190.00
W/23000 lumen HPSV
R/P 33000 lumen MERC $195.00 $30.00 $165.00
W/14000 lumen HPSV
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This schedule Effective 07-01-91
3WAC120a.man
Attachment P
SCHEDULE D
MUNICIPAL AND COUNTY
MERCURY VAPOR TO HIGH PRESSURE SODIUM VAPOR
CONVERSION CHARGES
Credit
County/Municipality
In Area Scheduled Cost per Fixture
virginia Power for Relamping* County/Municipality
R/P 33000 lumen MERC $190.00 $30.00 $160.00
w/42000 lumen HPSV
R/P 53000 lumen MERC $190.00 $30.00 $160.00
w/42000 lumen HPSV
The Company will allow the greater of the credit indicated or net
additional annual revenue.
* TERF to be added based on net capital for each job.
* In areas not scheduled for relamping, but requested by Customer to
convert from MV to HPSV, credit will be $18.00 per fixture.
1. Upon request Virginia Power will provide the customer with a
schedule of mercury vapor lights to be cleaned and relamped in
the upcoming year, and on an annual basis the location wher,
such cleaning and relamping has taken place.
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - County This Schedule Effective 07-01-91
3WAC120a.man
Attachment Q
SCHEDULE E
MUNICIPAL AND COUNTY
STREET LIGHTING PATROL SERVICE
Upon request, by the- Customer, -the Company vill furnish to Customer
a patrolling service of one or more units consisting of a motor vehicle and
operator (who shall be an employee of Company) to patrol the streets,
roadways, alleys and other accessible public areas within the Customer's
jurisdictional limits, as designated by Customer, and report street lights
furnished by company which are not in proper operating condition. The
charge for such service shall be at the rate of $33.00 per hour for each
patrolling unit furnished. Such service shall be for such hours and days
of the week as agreed upon by the Company and Customer. In the event such
patrolling service is furnished hereunder, each patrol shall give prompt
notice of all such lights not properly operating to Company and to Customer
(with reasonable identification thereof) and such notice shall satisfy all
notice requirements in Paragraph IV of all Street Lighting Schedules
included in this Agreement. Such patrol rate is subject to adjustment for
increased costs by the Company at the beginning of each succeeding year of
this Agreement.
Electric Virginia Superseding Schedule Effective 07-01-88
Municipal County This Schedule Effective 07-01-91
3WAC120a.man
Attachment R
RIDER A
MUNICIPAL AND COUNTY
FUEL ADJUSTMENT CLAUSE
When the Customer's fuel cost per kilowatthour sold during the
three months ended with,the-second-month preceding a billing month is above
or below 1.756cts per kilowatthour, including line loss, then this fuel
adjustment clause becomes applicable and a fuel adjustment factor shall be
calculated with the formula shown below to the nearest thousandth of a cent
and applied as an adjustment to the Customer's bills for such billing
month:
F= (E,+E,) _B(T) (100)
s
Where:
F = Fuel adjustment factor in cents per kilowatthour
El = North Anna fuel expenses directly related to the Company's owned
portion of the plant, plus Old Dominion Electric Cooperative Buyback
expenses, experienced during the three months ended with the second
month preceding the billing month allocated at production level to
the Customer.
E 2 Total fuel expenses, less North Anna fuel expenses directly related
to the Company's owned portion of the plant and old Dominion Electric
Cooperative Buyback expenses, experienced during the three months
ended with the second month preceding the billing month allocated at
production level to the Customer.
1. The system monthly fuel expenses allocated to the Customer are
determined as follows:
a. The cost of fossil fuels shall be those items initially
charged to account 151 and cleared to accounts 501, 518, and
547 on the basis of fuel used. In those instances where a
fuel stock account (151) is not maintained, e.g., gas for
combustion turbines, the amount shall be based on the cost
of fuel consumed and entered in account 547.
b. The cost of nuclear fuel shall be the amount contained in
account 518 except that if account 518 also contains any
expense for fossil fuel which has already been included in
the cost of fossil fuel, it shall be deducted from this
account.
Electric - Virginia Superseding Schedule Effective 07-01-88
Municipal - County This Schedule Effective 07-01-91
3WAC120a.man
Attachment R
RIDER A
MUNICIPAL AND COUNTY
FUEL ADJUSTMENT CLAUSE
(ContinUed)
C. Total energy and capacity costs associated with purchased and
interchanged power charged to account 555 shall be
recoverable as fuel costs.
d. The Company shall be permitted to adjust for system losses
associated with the Customer through methods consistent with
those approved for use in the Virginia Jurisdiction.
S = Total Customer kilowatthour sales during the three months ended with
the second month preceding the billing month.
B = Base cost of fuel per kWh sold adjusted for line loss.
T = Adjustment for state and local taxes measured by gross receipts:
100% divided by (100% minus applicable gross receipts tax rate).
Electric - Virginia superseding Schedule Effective 07-01-88
Municipal - county This Schedule Effective 07-01-91
3WAC120a.man
Virginia Electric and Power Company
3GAP461.sch-1
Attachment S
RIDER J-CM
MUNICIPAL AND COUNTY
INTERRUPTIBLE ELECTRIC WATER HEATING SERVICE
RESIDENTIAL SERVICES
This Interruptible Electric Water Heating Service Rider will be available
only to individually @etered residential services in those areas that the
Company has installed transmitting equipment that allow interruptions of the
electric water heater service.
This rider is applicable only if the residential service has an electrical
storage water heater in normal daily use that is subject to interruptions by the
Company. The type, design, and size of tank in the water heater, the size and
number of heater units and the method of its operation are subject to approval
by the Company.
The account (Customer) will be credited $4.00 per billing month for electric
water heating services subject to interruption. However, this credit will not
reduce billing below the minimum charges for Miscellaneous Light and Power or
All Electric Building Services.
Electric water heating service will be available for at least twelve hours
per day.
Rider J is not applicable to nonresidential services and may be revised in
accordance with the provisions in the Agreement For The Pur'chase Of Electric
Service By Municipalities and Counties.
Electric-Virginia
Municipal-Co6nty This Rider Effective 03-01-89
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Ite,m IV-I-H 4
CONSENT AGENDA ITEM # 36062
Upon motion by Vice Mayor Sessom, seconded by Councilman Clyburn, City Council ADOPTED.
Resolutions approving applications to the State Board of Education re
loans up to a maxiinwn of $2,500 000 each, from the Literary Fund to the
Virginia Beach School Board.-
Kempsville Area Middle Schoo4 Project #1 -053
Ocean Lakes High School, Project #I -010
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert
W ClYburn, Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessona, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
Councibnan Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was
currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of $10,000. Councibnan Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councibnan Moss's letter of July 14, 1992, is hereby made a part
of the record.
September 22, 1992
1 RESOLUTION
2 WHEREAS, Section 22.1-146 of the Code of Virginia of
3 1950, as amended, authorizes the Board of Education to make loans
4 from the Literary Fund to the School Boards for the purpose of
5 erecting, altering, or enlarging school buildings;
6 WHEREAS any indebtedness owed by the School Board
7 for the City of Virginia Beach, virginia, to the Literary Fund is
8 a valid and legally binding indebtedness of the City of Virginia
9 Beach, Virginia, under Section 22.1-161 of the Code of Virginia of
10 1950, as amended;
11 WHEREAS, Virginia Code Section 22.1-158 requires
12 that the City shall include in its tax levies and appropriate to
13 the School Board funds sufficient to meet the School Board's debt
14 service on these loans;
15 WHEREAS, officials of the School Board for the City
16 of Virginia Beach, Virginia, have prepared an application addressed
17 to the State Board of Education of Virginia for the purpose of
18 borrowing from the Literary Fund $2,500,000 for a middle school
19 located in the Kempsville Borough, to be paid in 20 annual
20 installments and the interest thereon at 3 percent paid annually;
21 and
22 WHEREAS, City Council desires to support this
23 request and believes it to be appropriate.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 1. That the application to the State Board of
27 Education of Virginia for a loan of $2,500,000 from the Literary
28 Fund to the School Board of the City of Virginia Beach is hereby
29 approved.
30 2. That the City include in its tax levies and
31 appropriate to the School Board of the City of Virginia Beach funds
32 sufficient to meet the School Board's debt service on this loan.
33 This resolution shall be in effect from the date of
34 its adoption.
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 22 day of September 1992.
37 CA-4644
38 ORDIN\NONCODE\LITERARI.RES
39 R-1
A@O TFUD AS TO NTENT
@IJONAT
o@
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ArrORNEY
2
V.A. 005 1186
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Kempsv I I I e Area
Name of School MfdcJle Sch@l Name of (W@ty-City Virglnfa Beach
TO THE STATE BOARD OF EDUCATION,
Richmond, Virgillia:
Gentlcmen:
The School Board for the C)Mty-City of Virgi .nla Beach hereby rnakes application for a
loan of $ 2,500,000 from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making permanent impmvement to) a school building located at to be determined as follows:
(Describe briefly)
1. The said building, addition, or permanent improvement described above, t. b, of Brick and c@@ masowy
(Typ@ f @..@t,uction, b,i@k, f@m@, @t@.)
@ill be used as a building, a.d is estimated to cost $ 20,990,000
(El@m., H. S., Go.b. El@.. & H.S.)
2. The total @timated value of the existing school plant, including site, plus the proposed building addition, or perma-
nent impro@ment thereto, is $ Not Applicable
3. There is at present @ l@ from the Literary Fund on this Not Appl lcab [e in the amount
(B.ildi.g ., ho.] plant)
@f $Not Applicable
4. The total amount of the loan will not excecd the cost of the building, addition, or pem@ent improvement there-
to, and site, on account of which such loan is made.
5. The site on which this building, addition, or pemanent improvement, will be l@ated contains acres,
of which -- acres are well suited and useable, or can be easily impro@ed and made useable, for playground and
recreational purposes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Re-
quirements, have been or will be approved by the division superintendeiit of schools and the Superi.teiident of Public
Instruction before constmction is begun. It is underst@d that the State Board of Ed.cation rese@es the right t. with-
hold any part or all of the =ount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
7. The proposed building, addition, or permanent improvement, is desirable be@use: (Explain briefly)
-pp- d@nt, In
Impaci Burr,
8. The present tot.1 indebtedriess of the County-City for sch@l buildings is $ 144,956,676 of which
$ 13,030,546 - is o@ed to the Literary Fund.
9. This County-City has not defaulted or failed to meet its debt se@ice obligations w and when due for the past
fi@e years except, w follows: Not Applicable
10. Adequate and satisfactory supemision of construction will be provided by the school board in accordance with
the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
11. The building or improvement for which this application for a loan is made is part of a long-range planning
program iii acmrdance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or sumey made by (give title and date)
Not Applicable
12. This loan is to bc made for 70 y@, and is to be paid in ;lo annual installments, with interest at
5 . 20 5 . 20
the rate of 3 per centum per annum, payable annually.
.13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this appfication),
agmed to provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit-
erary Fund and, for at lewt t@o ymrs immediately before this lo@, h@ not been more than six months in default in the pay-
ment of interest due on @y loan from the Literary Fund.
Given under my hand this the 16 day of sepimh- 19 92
THE SCHOOL BOARD OF Virginta Beach -CITY
By Chairman.
ATTEST: Clerk.
SEAL
(2)
AT A MFETING of the Bo@d of Supe@isors for the County of or the Council
for tlie City of Vir lni- B--ch held in the said Cunty or City on the day of
19-
WHEREAS, The Sch@l Board for the County of or City
.f nia Beach -1 on the ---- day of 19-, presented
to tliis Board or Council, an application addressed to the State Board of Education of Virginia for the purpose of borrowing
from tlie Literay Fund $ 2,500,000 -- for the new school building (or for adding to or improving the present
Kempsville Area 20
scho.1 b.ilding) at - -1 to be paid in -- annual installments, wid the interest thereon at
Middle Sch@ I 5 . 20
3
-- per cent paid annually.
RESOLVED, That the application of the County or City School Board to the State Board of Education of Virginia
for a loan of $_ 2_500_209-_ from the Litemry Fund is hereby approved, and authority is hereby granted the said
County or City School Board to borrow tbe said amount for the purpose set out in said application.
The Board of Supe@i@n for said County or Council of said City will each year during the life of this loan, at the
time they fix the regular le@ies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses
and to pay this ioan in annual installments and the interest thereon, as required by law regulating loans from the Literary
Fund.
I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors for the
County of or the Council of the City of Virginla Beach
Clerk
SEAL BOARD OF SUPERVISORS FOR THE
COUNTY OF
COUNCIL FOR THE
CITY OF Virginta 13each
(3)
ATTORNEY'S CERTIFICATE OF TITLE
Tiiis IS TO CERTIFY tliat 1, a qualified and competent attomey,
or Attorney f.r tlie C.m.,o.@calti, for County or City, or tlie City or County
Attorney for have examined tlie title of the School Board or Governing Body
of Cbunty or City, Virginia to that certain lot, parcel or tract of l@d re-
fcrred to in tlie attachcd application, and that the School Board of or the Governing Body
of has a fee simple title to said land, a.d the same is free from encumbrances, except as
noted in attached summay.
Executed this _ day of 19-.
Attomey, or
Attorney for the Commonwmlth for
City or County
Attorney for
County or City
CERTIFICATE OF THE CLERK OF COURT
WHEREAS, the school board of the governing body of - owns acres of real estate
in county or city of Virginia, on which
to erect the school building described in this application. The title deed to this property is re@rded in the clerk's office for
county, or -- city, in deed book number page
book number page , book number -_ page
ONE. That the title to the r@ estate has been exarnined and approved in @titing by the attorney for the Common@@th.
the county or city attomey or other competent attorney and his report filed @ith the clerk of the court.
Two. nat tlie certificate of the attorney ex=ining the title shows that tlie school bo@d or the governing body of
h@ a g@d and sufficient title in fee simple to the real estate subject to the (following) (no)
encurnbrances (note encumbrances, if any).
Given under my hand this the day of nineteen hundred and
Clerk
court of
County or City
SEAL
THis APPLICATION b@ been re,iewed and chccked against "Minimum Requirements and Standards for School
BuHdings."
Date Associate Director of Energy C,,' Facilities Services
Attorney's Ceitificate of title and this applicatio. appro@ed this, tlie - - - d.y of - 19-
Attorney General of Virginia
Appro,ed by the State Board of Education, - 19- -
For Secretary State Board of Education
(4)
STATEMENT OF THE COUNTY OR CIT-Y TREASURER
1. Assessed Value of Real and Personal Property, subject to taxation for countv school purposes at date of this report.
Real Estate tl6,407,454,278
.................................................... .... .................. ................... ....................................... ..................
Tangible Penonal Property ........................ ................................I............................................................................... s 1,226,396,729
Public Service Corporations ... 6/30/92
s 506,146,089
Total .............. ......... . . ............... ............I. ................... ...................... ............... .... ................ .... . ........ ...... ................................... t 18,139,997,096
2. Income of the County or City for school purposes for current fiscal year:
County School Levy . ......... . ..... ............................................ .......................... ................. ......... ...... ............... ..................... .. ...........$
C@h Appropriations (local) FY 92-93 178,829,304
......I......... . ................ ........... . ............................................. ... .................................................
bevies@ ..School...Capital- ..Pro3,ects . . . .... ....... ............. ........... ............. .......................... ..............$-
Total ... .. ..... .............. . ...... ... ........... .... ............. .................. ........ t l@78@,8u2@9@1304
......................................... ...........................................
3. Indebtednem of County or City (including districts) for school purposes at date of this report:
Literary Fund Loans .......... ........ .. .. .............. . ....... ......... ...................:...... ............................................. ....................................$13,030,546
Long-Term Bonds ........... . . .... ............................................................ . ....... .............. ................ ..... .... . ................................... 131,926,330
Temporary Lo@s ...... ................. .................... ............. ........ ............. ......... ........... ..................................................$-
T.tal ... @,84q9l?@ ............ ....... ............ ....... .......... . .......... $ 144,956,876
.................................. .............. ................ .... . .. .................. ............
4. Record of School Bonds Outstanding (not including Literary Fund Loans)
Long-Term Sch@l Bonds: (Please see attached)
Date of Issue Maturity - Rate of Interest
Date of Issue Maturity - Rate of Interest
Date of Issue Maturity - Rate of Interest 90
5. Payments for Indebtedness from school funds for current fiscal year: (Include those to be paid before end of current year.)
To Literary Fund of Virginia, including Interest ..................................................... .......................................... ...................... 1,209,722
To Sinking Fund for Retirement of Long-Tcrm School Bonds ....................... ............ ....................................................$-
Long-Term School Bonds paid, including Interest ... . ................................................................ ..... .......... .............. -it 20,034,291
Total . ................. ............... ...... ......................... . ........ ................................. . .............. . ........ ................. .. ................. ............... ........$21,244,013
Temporary Loans Paid ............... ....................... .............. .................... .......................... . ................ ........ ...4.... ............................ . .................. .$
Total Indebtedness Paid Thru 8/30/92 e 21,244iOl3
.............. ..................................I........ ............................................................... ..........I.............. ...............
I certify that the above is a true statement conceming the school fu@ f,,r Virginia Beach County or City
for the year 19 92 _ 19 93 , according to the records of my office.
-,Treasurer
Date for Vir nia Beach
City
(5)
1 RESOLUTION
2 WHEREAS, Section 22.1-146 of the Code of virginia of
3 1950, as amended, authorizes the Board of Education to make loans
4 from the Literary Fund to the School Boards for the purpose of
5 erecting, altering, or enlarging school buildings;
6 WHEREAS any indebtedness owed by the School Board
7 for the City of Virginia Beach, Virginia, to the Literary Fund is
8 a valid and legally binding indebtedness of the City of Virginia
9 Beach, Virginia, under Section 22.1-161 of the Code of Virginia of
10 1950, as amended;
11 WHEREAS, Virginia Code Section 22.1-158 requires
12 that the City shall include in its tax levies and appropriate to
13 the School Board funds sufficient to meet the School Board's debt
14 service on these loans;
15 WHEREAS, officials of the School Board for the City
16 of Virginia Beach, Virginia, have prepared an application addressed
17 to the State Board of Education of Virginia for the purpose of
18 borrowing from the Literary Fund $2,500,000 for a high school
19 located in the Princess Anne Borough on schuman Drive, to be paid
20 in 20 annual installments and the interest thereon at 3 percent
21 paid annually; and
22 WHEREAS, City Council desires to support this
23 request and believes it to be appropriate.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 1. That the application to the State Board of
27 Education of Virginia for a loan of $2,500,000 from the Literary
28 Fund to the School Board of the City of Virginia Beach is hereby
29 approved.
30 2. That the City include in its tax levies and
31 appropriate to the School Board of the City of Virginia Beach funds
32 sufficient to meet the School Board's debt service on this loan.
33 This resolution shall be in effect from the date of
34 its adoption.
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 22 day of September 1992.
37 CA-4643
38 ORDIN\NONCODE\LITERARY.RES
39 R-1
VED Al TO@ ENTL
Slr,NATUR9
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
lam @ L--
CITY ATTORNEY
2
V.A. 005 1/86
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School Ocean Lakes High School Name of @@City Viraini, B,,@h
TO THE STATE BOARD oF EDUCATION,
Richmond, Virgiriia:
Gentlem6n:
The Schoc>l Board for the Camy-City of Viraini, Begich hereby makcs application for a
loan of 1 2,500,000 from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making permanent improvement to) a school building locatcd at Princesa Anne Fl@h- V,. R ... h- VA ; as follows:
(Describe bricfly) The 49,5957 @@e it, f@ I ... t-,i @n -q,h,,M,n nri@,- q,ti ],+ @pt,,, - p,, l @f l@,d f@ -,
particularly shown on that certain plat antitied "Composite Plat of Property for ocean Lakes High School,
Prince3s Anne Borough--Virginta Beach, Vtrginta fcr Yirginia Beach Clty Public Schools-,, Scale 1-- -2001,
ated June 7. 1991, revlsed July 1, 1991, made by W.P- Large, Inc. attached hereto and Incorporated by
reference herein.
1. The said building, addition, or permanent improvement described above, to be of Brick and concret
(Type of wnstmction, b,i@k, frame, etc.)
will be uscd as a High School building, and is estimated to cost $ 8,694,417
(Elem., H. S., Comb. Elem. & H.S.)
2. The total estimated value of the exisfing school plant, including site, plus the proposed building addition, or perma-
nent impmvement thereto, is $ Not Applicable
3. There is at present a loan from the Literary Fund on this Not Applicable in the amount
(Building or mhwl plant)
of.p N,+ Appli,,hi,
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there.
to, and site, on account of which such loan is made.
49-5957
3. The site on which this building, addition, or permanent improvement, will be located contains - acres,
of which 49*5957- acres are well suited and useable, or can be easily improved and made useable, for playground and
recreational purposes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Re-
quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public
Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with-
hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
(1)
I
7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly)
This school will house approximately 2000 sfudents In the London Bridge/General @h corridor. Without
this school, crowded condltlons will continue to Impact surrounding high schools.
8. The i)resent total indebtedness of the County-City for school buildings is $ of which
,t 13,030,546
is owed to the Liter-ary Fund.
9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the past
five years except, as follows:
10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with
the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
11. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or survey made by (give title and date)
Not appitcable
12. This loan @is to be made for - 20 years, and is to be paid in 0 annual installments, with interest at
5 . 20 5'. 20
the rate of p,e-r c.e,.n.tum i)er annum, payable annually.
.13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this appucation),
agreed to provide for the repayment of this loan.
14. The Sc@ool Board is not in default in the payment of any part of the principal of any previous loan from the Lit.
erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay-
ment of interest due on any loan from the Literary Fund.
Given under my hand this the 16 day of September
THE SCHOOL BOARD OF R,,@h -clry
By Chairman.
ATrEST: Clerk.
SEAL
(2)
AT A MEETING of the Bowd 0; 6 1--@r the @ of or the Council
for the City of Virginia Beach held in the said County or City on the 22"d day of
September 19 92
WHEREAs, The School Board for the@ of or City
of Virginia Beach 22nd September 1, 92
, on the day of 1- presented
to this Board or Council, an application addressed to the State Board of Education of Virginia for the purpose of borrowing
from the Literary Fund $ 2 -5i)n ()no for thc new school building (or for adding to or improving the present
school building) at @@l @k,, ---, to be paid in gt) -annual installments, and the interest thereon at
5 . 20
3 per cent paid annually.
RESOLVED, That the application of the County or City School Board to the State Board of Education of Virginia
for a loan of $_ 2,500,000 - from thc Literary Fund is hereby approved, and authority is hereby granted the said
County or City School Board to borrow the said amount for the purpose set out in said apphcation.
The Board of Supervisors for said County or Council of said City will each year during the life of this loan, at the
time they fix the rcgular levies, fix a rate of levy for schools or make a cash aopropriation sufficient for operation expenses
and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary
Fund.
.1 hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors for the
County of or the Council of the City of Virolnia Beach
Clerk
@th H.,,.s I I , CC,
SEAL BOARD OF SUPERVISORS FOR THE
COUNTY OF
COUNCIL FOR THE
CITY OF Vtroinia Beach
(3)
STATEMENT OF THE COUNTY OR CITY TREASURER
1. Assessed Value of Real and Penonal Property, subject to ta.ation for countv @hool pu@es at date of this report.
Real Estate ....... @/
..@9/92
............. ....... ....... .16,407,454,278
Tangible Personal Property ... .... @6/30/92
..... .... .. .. ....... .... ....... ................................... .................... 1,226,396,729
Public Service Corporations ........ @6/30/92 506,146,089
..... ...... .............. ................................ .............................................. .................................................$
Total ... ....... .. .... ....
,tl8,139,997,096
2. Income of the County or City for sch@] purposes for current fiscal year:
County School Levy ...... ......................... ....... ...... .............. ......$ --
Cmh Appropriations (local) FY 92-93 178,829,304
... 11.1 .............I.....I.......... ............................... .................... @.I.I...@.1.11 1.@....,.. .......... ....... ... ...$
heties@.....School..Capital....Projects .. .. . . . . ........ .... ...... ...... ........ ........ ........ ...........................s
Total ... ..... ....... .. .... ...... . ................. .. .. .................... ......... ....... . ..$178,829,304
3. Indebtedness of County or City (including districts) for sch@l purposes at date of this report:
Literary Fund Loans .............. ............................. .......................... ........... .......... ....... ....... .......... ............ ..............$13,030,546
Long-Term Bonds ..... ...... ........ .... ...................... ......... ....... .......I................ .....$131,926,330
Temporary Loans ..... . ..... ... . ....................... ...... ....... ......... ............ .... ........ ................ ......... ..........$--
Tot.) ..... .. .. .. .... . ....... .......... .......... ... ............. 144,956,876
4. Record of Schcol Bonds Outstanding (not including Literary Fund Loans)
Long-Term Sch,>ol Bonds: (Please see attached)
Date of Issue Maturity Rate of Interest
Date of Issue Maturity Rate of Interest
Date of Issue Maturity Rate of Interest 170
5. Payments for Indebtedness from school funds for current fiscal year: (Include those to be paid before end of current ycar.)
To Literary Fund of Virginia, including Interest ....................................................... ................ .. ... ... . ................... .......$ ]-,209,722
To Sinking Fund for Retirement of Long-Tem Sch(>ol Bonds ................................ .. .. ....... .. .. .............................$--
Long-Term School Bonds paid, including Interest ... ........................................................ ..... ............ ..............t20,034,291
Total ... ............. .......... ... ....... ........ ........ ..................................................... 21,244,013
Temporary Loans Paid .... ...... ............ ........ ............. ............................................... ........... .. .. ........... ....................
Total Indebtedness Paid . ,Thru 8/30/92 t 21,244iOl3
...... .. . ....... ... ......................................................... ..... .................... ....... ...... ........... ...
I certify that the above is a true statement conceming the school f.@ for Virqinia Beach County or City
for the year 19 92 19 93 ,according to the records of my office.
Treasurer
Date q 91 for
City
(5)
City of Virginia Beach, VA
School Bonds Outstanding
Bond Issue Maturity Rate of
Issue Date Date Interest
-------------------------- -------------- ---------- ---------------
1972-A School 09/01/72 09/01/92 5.094909%
1972-B School 06/01/73 06/01/94 4.905989%
1974 Public Improvement 11/01/74 11/01/92 5.8219%
1975 Public Impt-ovement 12/01/75 12/01/95 6.1031%
1976 Public Improvement 12/01/76 08/01/96 4.803472%
1977 Public Improvement 12/01/77 10/01/97 4.9517%
1978 Public Improvement 12/01/78 10/01/98 5.6296%
1979 Public Improvement 11/01/79 11/01/99 6.374941%
1980 Public Improvement * 02/01/82 12/01/91 11.88s%
1981 Publ.ic Irnprovement * 02/01/82 12/01/91 11.885%
1982 Public Improvement **/*** 12/01/82 11/01/02 9.5333%
1984 Ptiblic Improvement **/*** 07/15/84 07/15/04 9.336614%
1985 Public Improvement *** 02/01/85 02/01/01 8.21042S%
1985 Pub Impr. Refunding 11/15/85 12/01/97 7.577744%
1986 Public Improvement 05/01/86 05/01/06 6.95958%
1986 Pub Impr. Refunding 09/01/86 07/15/04 7.042%
1987 Public Improvement *** 05/15/87 05/01/07 7.016016%
1988-0 Public Improvefnent 04/15/88 04/15/08 6.864797%
1989-A Public Improvement 10/01/89 10/01/09 6.952442%
1990-A Public linprovement 06/01/90 06/01/10 6.95286%
1991-A Public Improvement 03/01/91 03/01/11 6.5876019.
1991-A Va Pub School Auth 07/31/91 07/15/11 6.447%
1991-C Public Improvement 08/01/91 08/01/11 6.359438%
1992 Pub Itnpr Refunding 02/01/92 02/01/07 5.591571%
* A portion of this issue has been refunded (1985 Public Improvement
RefL)nding Bonds, dated 11/15/85).
** A portion of this issue has been refunded (19B6 Public Improvement
Refunding Bonds, dated 09/01/86).
*** A portion of this issue has been refunded (1992 Public
Improvement Refunding Bonds, dated 02/01/92)
TICOR TITLE INSURANCE
P I 0 N E E R T I T L E
Agent for TICOR Title InSLirance Company
SCHEDULE A
Comciiitment No. 7016-5-.rl,752
Effective Date -02 SEPT 1992
Time 9.(JO AM
REVISION NO. :
YOLir No: Ocean Lakes High School
Prepared For:
David S. Hay
City Attorney's Office
mLinicipal Center
Virgin'ia Beach, VA
Ii-iqLtires ShOLtld be Directed to-
Pioneer Title
.uite 5-- Sovran Bank Building
o,e COIL't-M@us Center
Virginia Beach, VA 23462
1. Policy or Polic:ies to be issued. Amount
$2,500,000.00
(a) ALTA Owners Policy - Form B - (1990)
Proposed Insured:
CITY OF VIRGINIA BEACH
A MUNICIPAL CORPORATION 6F THE
COMMONWEALTH OF VIRGINIA
2. The estate or interest in the land described or re-Ferred to in
this Commitment and covered herein is a Fee Simple.
3. Title to said estate or interest in said land is at the
effective date hereof vested in:
CITY OF VIRGINIA BEACH
A MUNICIPAL CORPORATION 6F THE
COMMONWEALTH OF VIRGINIA
4. The 1,And referred to in this Commitment is located in the
Cit@ of Virginia Beach, State of Virginia, and described as
fol ows:
SEE ATTACHED SCHEDULE A CONTINUED
Ticor Title Insurance Company
TICOR TITLE INSURANCE
P I 0 N E E R T I T L E
Agent for TICOR TitIL- InSLtrance Company
SCHEDULE A - CONTIT\IUED
Commitment No. 7016-53,752
ALL THAT certain lot pieCL- or parcel of land with the buildings
and improvements ther'ean and the appltrtenances thereunto
belon ',
h?@i,@,.,ly,ng, itliate and beinb in the Virginia
V@r s Cit@esofi nated ag
n@_ -ing w
Beac , @nd bL I.-.no n nl(mbered and
"OCEAN LAI,'.ES HIGH SCHOOL SITE, @-ROPERTY OF THE CITY9 OF VIRGINIA
BEACH (D.B. 2879. PG. E3-@7) (D.B. 259--, F'G. IE3(-)6A) (D.B. 2592, PG.
18(--)7), TOTAL AREA = 49.5957 ACRES" s shown an that cl-rtain
entitled "COMPOSITE PLAT OF PROF,ERfyaFOR OCEAN LAKES HIGH SCH@'O@Lt,
PRINCESS ANNE BOROUGH - VIRGINIA BEACH 1; VIRGINIA FOR VIRGINIA
BEACH CITY PUBLIC SCHOOLS", Scale dated June 7, 1991,
Revised JLI!Y 1, 1991, made by W.P. Large, lnr-.
Ticor Title Insurance Company
TICOR TITLE INSURANCE
P I 0 N E E R T I T L E
Agent for TICOR Ti,tle InSLtrance Company
Part I, SCHEDULE 8
Co(nmitrnent No. 7016-33,7@-2
1. ThL- following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest
to be inSLtred MLIST bL- properly e;4L-CLtte(J, delivered, and dltly
filed @or record.
Poss (a) 1-@-@.-day Affidavit as to Mechanic's Liens and
ession.
(b) Affidavit from the City of Virginia Beach PLiblic
Schools as to advl-rse matters.
Ticor Title Insuance Company
TICOR TITLE INSURANCE
F' I 0 N E E R T I T L E
Ogent fc)r TICOR Title InSL(rance Company
F'art II, SCHEDULE 9
Commitaient No. 7016-5@,752
II. SchedLEle B Of thetrolic@,or-ipolicies to be iSsLted will
contain exce@tions to e fo ow ng matters unless the same are
disposed of o tl-ie sati-.faction a-F the Company:
1. Defects, liens, enCL(mbrances7 adverse claims, or other
m@itt rL-@ited, first aypearin in the PLtbliC records
a ',a'@Ly gd hereof bltt prior to
or Zrt:,:hl',-@sceqL(ent to the ef ective ate
the date the proposed InsLired ac Llires for vallte of recoi-d the
estate or interest or mortgage tgereon covered by this
Commitmeiit.
2. Standard E;4ceptions:
(a) Rights or claims of parties in possession not shown
by the pltblic records.
(b) Easements, or claims of easements, not shown by the
pLtblic records.
(c) Encroachments, overlaps bOLindary line diSPLItL-S, or
other matters which wOLild be disclosea by an acc:Ltrate survl-y or
inspection of the premises.
(d) Any lien, or riqht tc) a lien for services 1,Rbor,
or material heretofore or her&after furnis@Ld, imposed b@ law and
not shown by the pltblic records.
Special E;,ceptions:
(1) Easement to Viryinia Electric and Power Company as
recorded in the Clerk's Of ice of the Circuit Court of the City
of Virqinia Beach in Deed Book 177 at page 11, and in Map Book 10
at pagl& 34.
(2) Riqhts of others in and to.the Ltse of any drains
and/or ditche-; located over, across, in or Ltnder the inslired
premises, And rights to enter upon said premises to maintain the
same.
(71) Title to that portion of the pro ert@ within the
bounds of old farm road, shown in Map Book 95 a page 49.
(4) ReferenrL- to qltantity o+ acreage is for descriptive
pLtrposes onl , and the Policy will not inslire as to quantity of
acreage nor @o the aCr-Liracy io+ the complitation there.of.
Easement to Virqinia Electric and Power com any as
recordpd in the aforesaid Clerk's Of+ice in Deed Book @ol at pagp
449, and in Map Doo@.: 12 at page 55.
(6) Easement to Continental Telephone and Telegraph
Com an@ as recorded in the aforesaid Clerl.-.,'s Of+ice in Deed Boop.,.
243@ a page 651.
(7) Easement to Vir@inia Electric and Power Cofn any as
recorded in the a+oresaid lerk's Office in Deed Book @54 at
page 969.
(s) Easement Lo Vir inia Electric and Power Com anj as
recorded in the aforesaid Elerk's Office in Deed Boo[.-. @54 at
page 943.
Ticor Title Insurance Company
lrd
TICOR TITLE INSURANCE
P I 0 N E E R T I T L E
Agent for TICOR Title Insurance Company
Part 11, SCHEDULE B
Commitment No. 7016-31-,752
(9) Easement to VirFinia Electric and Power Com an4 as
recorded in the aforesaid lerk's Office in Deed Book @57 at
page 435.
(10) Parcel e;@empt from ta,<es.
(11) The followinq lanciuage is contained in the Deed
recorded in Deed Doo@: 2761, itoy@?@cl94E3 by and between Hampton
Roads Sanitation District, a P i i al SL'tbdivision of the
Commonwealth of Virginia, Grantor, and City o-f Virginia Beach, a
MLtnicipal Corporation of the Commonwealth of Virqinia, GrantE?e-
"Grantee, +or itself and its assiqns agrees th@t Ha@pton Roads
Sanitation District,.may apply its ofganic end.rprodL.,nctl resently
called "NLttri Green or any similar end prod _t, tps own
property uT to a distanr-e of twenty (-,O) fel-t from the adjoining
pr-operty o Grantee".
(12) Thiscyarcel has not been subdivided into one parcel
and is made up parts of three (3) parcels by deeds.
Ticor Title Insurance Company
- 21 -
Item IV-I-H.5,
CONSENT AGENDA ITEM # 36063
Upon motion by Vice Mayor Sessoms, seconded by CounciLman Clyburn, City Council ADOPTED, AS
REVISED*:
Ordinances granting Franchises re operation of Open Air Cafes:
Athena Enterprises, Inc., tla @ng of the Sea Restaurant, 2612
Atlantic Avenue
7heme Restauranty, Inc., tla II Giardino Ristorante, 91 0 Atlantic Avenue
*Line 23 shall be corrected to read "...from October 1, 1992, to 412ril 30, 1994,.'
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 111, James W. Brazier, Jr., Robert
W. Clybur?4 Robert K Dear; Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessonts, Jr.
Council Members Voting Nay:
None
Council Members Absent.
None
September 22, 1992
1 AN ORDINANCE GRANTING A FRANCHISE TO ATHENA
2 ENTERPRISES, INC. TO OPERATE AN OPEN AIR CAFT,
3 SUBJECT TO THE CONDITIONS CONTAINED AND/OR
4 REFERENCED HEREIN, AND AUTHORIZING THE CITY
5 MANAGER TO ENTER INTO A FRANCHISE AGREEMENT
6 WITH THE GRANTEE
7 WHEREAS, the City has adopted regulations for the
8 operation of open air cafds on public property in the Resort Area;
9 WHEREAS, Athena Enterprises, Inc. (t/a King of the Sea
10 Restaurant) has submitted an application for the operation of an
11 open air cafd and has paid the application fee;
12 WHEREAS, the representations made in the application
13 comply with the aforementioned regulations;
14 WHEREAS, the Department of Convention and Visitor
15 Development has determined that the proposed cafd will have no
16 detrimental effects on the public health, safety, welfare, or
17 interest, and will enhance the festive atmosphere in the Resort
18 Area.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 That a franchise is hereby cjranted to Athena Enterprises,
22 Inc. to operate an open air caf6 at 2612 Atlantic Avenue, virginia
23 Beach, Virginia 23451, from October 1, 1992, to April 30, 1994,
24 conditioned on provision by the Grantee of an approved final site
25 plan, liability insurance coverage, a security bond, the applicable
26 franchise fee, and on such other terms and conditions as are
27 required by the regulations and the Franchise Agreement; and
28 That the City Manager is hereby authorized to enter into
29 a Franchise Agreement with the Grantee subject to the
30 aforementioned conditions.
31 Adopted by the Council of the City of virginia Beach,
32 virginia, on the 22 day of September 1992.
33 CA-4831
34 ORDIN\NONCODE\ATHENA.ORD
35 R-2
1 AN ORDINANCE GRANTING A FRANCHISE TO THEME
2 RESTAURANTS, INC. TO OPERATE AN OPEN AIR CAFT,
3 SUBJECT TO THE CONDITIONS CONTAINED AND/OR
4 REFERENCED HEREIN, AND AUTHORIZING THE CITY
5 MANAGER TO ENTER INTO A FRANCHISE AGREEMENT
6 WITH THE GRANTEE
7 WHEREAS, the City has adopted regulations for the
8 operation of open air caf6s on public property in the Resort Area;
9 WHEREAS, Theme Restaurants, Inc. (t/a Il Giardino
10 Ristorante) has submitted an application for the operation of an
11 open air caf6 and has paid the application fee;
12 WHEREAS, the representations made in the application
13 comply with the aforementioned regulations;
14 WHEREAS, the Department of Convention and Visitor
15 Development has determined that the proposed caf6 will have no
16 detrimental effects on the public health, safety, welfare, or
17 interest, and will enhance the festive atmosphere in the Resort
18 Area.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 That a franchise is hereby granted to Theme Restaurants,
22 Inc. to operate an open air caf& at 910 Atlantic Avenue, Virginia
23 Beach, Virginia 23451, from October 1, 1992, to April 30, 1994,
24 conditioned on provision by the Grantee of an approved final site
25 plan, liability insurance coverage, a security bond, the applicable
26 franchise fee, and on such other terms and conditions as are
27 required by the regulations and the Franchise Agreement; and
28 That the City Manager is hereby authorized to enter into
29 a Franchise Agreement with the Grantee subject to the
30 aforementioned conditions.
31 Adopted by the Council of the City of Virginia Beach,
32 virginia, on the 22 day of September 1992.
33 CA-4830
34 ORDIN\NONCODE\THEME.ORD
35 R-2
- 22 -
Itein IV-1-H.6
CONSENT AGENDA ITEM # 36064
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clybur?4 City Council ADOPTED:
Ordinance to APPROPRLITE $2,581,062 from FY 1991-1992 Fund
Balance to the School Pay-As-You-Go Capital Projects Fund re
School Capital Improvement Program needs.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III James W. Brazier, Jr., Robert
W. Clybur?4 Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Non e
Councibnan Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was
currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part
of the record.
September 22, 1992
I AN ORDINANCE TO APPROPRIATE $2,581,062
2 FROM FUND BALANCE TO THE SCHOOL CAPITAL
3 PROJECTS FUND TO MEET SCHOOL CAPITAL NEEDS
4 WHEREAS, on May 12, 1992 Council adopted a Resolution #R92-02089 which
5 stated "that all reversions from the School SyBtem for FY 1991-92 be used only
6 for school capital improvements, save any portion Of Buch reversions required to
7 conform with the City's minimum undesignated fund balance policy";
8 WHEREAS, after computing the amount necessary to meet the minimum
9 undesignated fund balance policy, the amount of FY 1991-92 funds available for
10 meeting Bchool capital project requirements totals $2,581,062;
11 WHEREAS, the School Board and School Admini8tration desire the
12 appropriation of this $2,581,062 to Project #1-059 Pay-As-You-Go Capital
13 Improvements for improvements to school facilities for projects UBually costing
14 leBS than $250,000 each.
is NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA: That funds in the amount of $2,581,062 are hereby
17 appropriated from the General Fund Balance to Project #1-059 Pay-AS-You-Go
18 Capital Improvements to meet school capital needs for improvementb to school
19 facilitieb.
20 This ordinance shall be effective on the date of itB adoption.
21 Adopted by the Council of the City of virginia Beach, Virginia on the
22 22 day of September 1992.
AS TO @-,'NTENT
Dept, of Management a@d Budget
APPROVED AS TO
LEGAL
- 23 -
item Iv-l-H. z
CONSEA'T AGENDA ITEM # 36065
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Clyburib City Council ADOPTED.-
Ordinance to 7R4NSFER $200,000 in the Fire Programs Fund re
completion of acquisition of Computer Aided Dispatch System for all
fire stations.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessotm, Jr.
Council Meinbers Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
AN ORDINANCE TO TRANSFER $200,000 IN THE FIRE PROGRAMS
FUND FOR THE PURPOSE OF PURCHASING THE EQUIPMENT NECESSARY TO
COMPLErE THE COMPUTER AIDED DISPATCH SYSTEM FOR ALL FIRE STATIONS
1 WHEREAS, the Cky is in the process of upgrading fts Computer Aided Dispatch (CAD)
2 System for emergency service dispatch and as a part of this upgrade data terminals will be Installed at
3 six (6) of the eighteen (18) fire stations allowing them to receive printed dispatch information;
4 WHEREAS, the Fire Department has deemed R important to have all fire stations equipped
5 with similar dispatching systems in order to avoid dispatching confusion and to ensure accurate
6 information at all stations;
7 WHEREAS, the acquisition of an addftional data terminals and pagers will provide Fire and
8 Emergency Medical Services (EMS) with befter utilization of the upgrade to the Computer Aided Dispatch
9 System;
1 0 WHEREAS, there are funds available in the Fire Programs Fund from prior allocations from
1 1 the Commonwealth, and use of these funds requires no local funding match.
1 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
1 3 BEACH, VIRGINIA, that $200,000 In the Fire Programs Fund be transferred for the purpose of purchasing
1 4 the equipment needed to complete the upgrade to the Computer Aided Dispatch (CAD) System for fire
1 5 services.
1 6 Adopted by the City Council of the Cfty of Virginia Beach, Virginia on this day
1 7 September 22 1992.
Approved as to Content
To
Walfer C. Krae@r,
Department of Management and Budget
- 24 -
Item IV-I-H.&
CONSENT AGENDA ITEM # 36066
Upon motion by Vice Mayor Sessoms, seconded by Councilinan Clybur?4 City Council ADOPTED.
Ordinance appointing viewers in the petition of 77tomas W. Godfrey, Sr.
and Margaret C. Godfrey for the closure of a portion of Bray Road
(LYNNHAVEN BOROUGH).
7'he Viewers are:
David M. Grochmal Director of General Services
Robert J. Scou Director of Planning
Ralph A. Smith Director of Public Works
Voting: 11-0
Council Members Voting Aye:
Jbhn A. Ba@ Linwood 0. Branci4 III James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and frice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
ORDINANCE APPOINTING VIEWERS
WHEREAS, Thomas W. Godfrey, Sr., and Margaret C. Godfrey (the
"Godfreys") have given due and proper notice, in accordance with
Section 15.1-364 of the Code of Virginia, 1950, as amended, that
they will on the 22nd day of September, 1992, apply to the City
Council of the City of Virginia Beach, virginia, for the
appointment of Viewers to view the hereinafter described portion of
Bray Road and report in writing to t @,- Council whether, in the
opinion of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of siich portion of Bray Road; and
WHEREAS, the Godfreys have fiie-,d such application with the
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
virginia Beach, Virginia:
TI-IAT Robert J. Scott, David M. Grochmal, and
Ralph A. Smith
are hereby
appointed to view the hereinafter described portion of Bray Road
and report in writing to the Council, as soon as possible, whether
i-n their opinion, any, and if any, what inconvenience would result
from the discontinuing and vacating of the portion of Bray Road
locaLed in the City of Virginia Beach, Virginia, and more
particularly described as follows:
ALL THAT certain portion of Bray Road shown as the
hatched area designated as "Area To Be Closed (1,943+/- Sq.
Ft.) " on that certain plat entitled "Plat Pursuant To
Street Closing Part Of Unimproved Cul-De-Sac Bray Road
Lynnhaven Acres Lynnhaven Borough Virginia beach,
Virginia" dated August 12, 1992, attached hereto and
made a part hereof.
The plat described above is intended to be recorded with the
ordinance closing the portion of Bray Road described above.
Adopted by the Council of the City of Virginia Beach,
virginia, on the 22 day of September -, 1992.
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council of
the City of Virginia Beach, virginia, to be held on the 22nd day of
September, 1992, at 6:00 p.m., in the City Council Chambers, City
Hall, Municipal Center, virginia Beach, Virginia, 23456, the
undersigned will petition the Council for the appointment of
Viewers to view the hereinafter described portion of Bray Road and
report to the City Council whether in the opinion of the viewers,
what, if any, inconvenience would result from the vacating,
closing, and discontinuance of the portion of Bray Road platted as
a cul-de-sac adjacent to the southwest corner of the property of
Thomas W. Godfrey and Margaret C. Godfrey located at 3118 Bray
Road, Virginia Beach, Virginia, and described as follows:
ALL THAT portion of Bray Road located in the
City of Virginia Beach, Virginia, beginning at
a point in the Eastern right-of-way line of
Bray Road 329.61 feet North of the point of
intersection with Lynn Acres Road; thence
along a curve to the right with a radius of
40.00 feet an arc distance of 120.88 feet to a
point; thence 9 061 471 4011 E a distance of
32.40 feet to a point; thence along a curve to
the right with a radius of 76.90 feet an arc
distance of 49.28, to the point of beginning.
At that time, any affected person may appear and present his
views.
At the next regular meeting of the City Council after receipt
of the report of the viewers, or as soon thereafter as the matter
may be placed on the Council agenda, the undersigned will Petition
the City Council to vacate, close, and discontinue the above
described portion of Bray Road.
THOMAS W. GODFREY, SR.
MARGARET C. GODFREY
By
Of Counsel
Charles M. Sallg
PENDER & COWARD
r92 Ballard Court
Virginia Beach, VA 23462
(804) 490-3000
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET, KNOWN AS BRAY ROAD, AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED, "AREA TO BE CLOSED
(1,943+/- SQ. FT.),' ON THAT CERTAIN PLAT ENTITLED "PLAT
PURSUANT TO STREET CLOSING PART OF UNIMPROVED CUL-DE-SAC
BRAY ROAD LYNNHAVEN ACRES LYNNHAVEN BOROUGH VIRGINIA
BEACH, VIRGINIA" DATED AUGUST 12, 1992, ATTACHED HERETO
AND MADE PART HEREOF.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, Thomas W. Godfrey, Sr., and Margaret C.
Godfey, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioners apply for
the vacating, closing, and discontinuance of a portion of that
certain street, which is more specifically described as follows:
ALL THAT portion of Bray Road shown as the hatched area
on that certain plat entitled "Area To Be Closed (1,943+/-
Sq. Ft.) " on that certain plat entitled "Plat Pursuant To
Street Closing Part Of Unimproved Cul-De-Sac Bray Road
Lynnhaven Acres Lynnhaven Borough virginia beach,
Virginia" dated August 12, 1992, attached hereto and made
a part hereof.
2. That no inconvenience will result to any person by reason
of the closing, vacation and discontinuance of a portion of the
street; and the Petitioners pray that this Honorable Council
appoint viewers as provided by law to view the portion of the
platted street proposed to be closed and to report in writing to
the Council as soon as practicable as to whether, in the opinion of
said viewers, what inconvenience, if any, would result from the
discontinuance and the closing of the portion of the street
described herein above.
3. That on the 3rd day of September, 1992, and on the 10th
day of September, 1992, notice of the presentation of this
application was published in the Virginian-Pilot, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and iidjacent
to and affected by said portion of the platted street are the
Godfreys whose address is 3118 Bray Road, Virginia Beach, Virginia
23452.
Respectfully submitted,
THOMAS W. GODFREY, SR.
MARGARET C. GODFREY
By
Of Counsel
Charles M. Salle'
Pender & Coward
192 Ballard Court
Virginia Beach, VA 23462-2483
08193/COM
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Charles M. Sall'e, attorney for Thomas W. Godfrey, Sr. , and
Margaret C. Gc)df rey (the "Godf reys being f irst duly sworti,
deposes and states:
1. That I am an attorney at law and represent the Godfreys.
2. That on the 3rd day of September, 1992, and on the 10th
day of September, 1992, notice of the presentation of the
application to close a portion of that certain street known as Bray
Road on behalf of the Godfreyp, was published in the
Virginian-Pilot, a newspaper of general circulation in the City of
Virginia Beach, Virginia.
And further the deponent saith not.
Subscribed and sworn to before me this le day of
1992.
Notary Public
My Commission Expires:
08193/cp/COM
PENDER & COWARD
All ... El. AN. @OUN.ELL.RS A@ @AW
F.U@l. FL.O@. G .... C..,@.
.A@..I@. @ U@ALL' .... l@. . @.LLt
.A.I... l@A@@". ANI@l@ 192 BALLA.. C.@@l ..A., IU.I.@ll
..........
. L.... I.. VIRGINIA BEACH, VIRGINTA 23462-6557
L-I .1@NN L@N I...
L LI@. TELF@HONE (804) 490-3000
@.ILI@l INI.@Tl@. '..N A Tll@.U
@T 1.1 FA..I.IL. (804) 497-1914
I..-. T, @Al@.
AR..I'.. ... A.1
...A@. . ATT.-.
L. ..AL N..A-. R..@, Ll..
..RT. @A@.IIN.
August 26, 1992 .'R..T ... I U....
490-6279
CERTIFICATE OF VESTING OF TITLE
I, Charles M. Salle', Attorney for the Petitioners, Thomas W.
Godfrey, Sr., and Margaret Godfrey (the "Godfreys"), do hereby
certify that:
1. I am an attorney at law and represent the Godfreys.
2. If the portion of the Street described as the hatched
area on the attached plat is discontinued, closed and vacated by
the Council of the City of Virginia Beach, Virginia, then title to
the closed portion of the Street will vest in the Godfreys as the
adjacent land owners.
Very truly yours,
Charles M. Sall6
cms/sp
ORDINANCE NO.:
IN THE HATTER OF CLOSING, VACATING, AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET, KNOWN AS BRAY ROAD
LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, SHOWN AS THE HATCHED AREAS UPON THAT
CERTAIN PLAT ENTITLED, "AREA TO BE CLOSED (1,943+/- SQ.
FT.)" ON THAT CERTAIN PLAT ENTITLED "PLAT PURSUANT TO
STREET CLOSING PART OF UNIMPROVED CUL-DE-SAC BRAY ROAD
LYNNRAVEN ACRES LYNNHAVEN BOROUGH VIRGINIA BEACH,
VIRGINIA" DATED AUGUST 12, 1992, ATTACHED HERETO AND MADE
A PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has been
given by Thomas W. Godfrey, Sr., and Margaret C. Godfrey that they
would apply to the Council of the City of Virginia Beach, Virginia,
on Septernber 22, 1992, to have the hereinafter portion of Bray Road
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that such portion
of the Bray Road be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described portion of Bray Road be
discontinued, closed, and vacated:
ALL THAT portion of Bray Road located in the City of
Virginia Beach, Virginia, shown as the hatched area on
that certain plat entitled "Plat Pursuant To Street
Closing Part Of Unimproved Cul-De-Sac Bray Road Lynnhaven
Acres Lynnhaven Borough Virginia beach, Virginia,, dated
August 12, 1992, attached hereto and made a part hereof.
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
Virginia, indexed in the name of the City of Virginia Beach, as
grantor.
SECTION III
ALL THAT Portion oE Bray Road 10cated in the
CitY of Virginia Beach, Virginia, beginninq at
a Point in the Eastern right-of-way line- of
Bray Road 329.61 feet North of the point of
@long a I
intersection ith Lynn Acres Road; theice
curve to the right with a radius of
point; 8 f a
40.00 feet an arc distance of 120. 8 eet t a
thence S 060 471 40" E a distance of
tile right n
32.40 feet to a point; thence alo 9 I curve to
with a radius of 76.90 feet an arc
distance of 49.28, to the Point of beginning.
Staie of Virginia AFFIDAVIT
City of Norfolk
personally
This day fter being duly s-orn made oath that:
appeared before -e and a Vi-rginian-Pil-ot/Ledger-Star
(1) (He) (She) is ffidavit Ierk of rn u,,ications, Inc:., in the cities of Norf.1k, Portsmouth,
a newspaper publi,bed by Landmark Co -
Chesapeake, s,,fflk and Virginia Beach, State of Virginia;
'@2) That the advertisement hereto annexed of
--Godf r has been published in said
newspaper n t!ie following dates: 92
9/3, 9 10
L
fiant
Subscribed and sworn io before me in my ciiy cnd state aforesaid this 19 U-
14TH day of
my comrnission expires
My COMMISSION EXPIRES APRIL 30, 1 91i
Notary Public
,.n
di
- 25 -
item IV-I-H.9.
CONSEAT AGENDA ITEM # 36067
Upon motion by Vice Mayor Sessoms, seconded by Councilinan Clyburr4 City Council ADOPTED:
CERTIFIC4TES OF PUBLIC CONYENIENCE AND NECESSIIY.
BF,4CH TAXI, INC
M4S SERVICES, INC.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert
W Clybur?4 Robert K Dea?4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
- 26 -
item IV-I-H.10.
CONSEAT AGENDA ITEM # 36068
Upon motion by flice Mayor Sessona, seconded by Councibnan Clyburn, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $1451.36 and upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 111, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dea?4 Louis & Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
ORM NO. C.A. 7 9/10/92 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Daa!e Penalty lnt. Total
Year of Tax Number tion No. P id
Bailey T. Parker Jr 88 RE(1/2) 83566- 7 121 5/87 2 1. 93
Bailey T. Parker Jr 88 RE(2/2) 83566-7 6/5/88 21.93
Bailey T. Parker Jr 89 RE(1/2) 85595-6 11/18/88 27.45
Bailey T. Parker Jr 89 RE(2/2) 85595-6 5/23/89 27.45
Bailey T. Parker Jr 90 RE(1/2) 86564-8 12/5/89 29.31
Bailey T. Parker Jr 90 RE(2/2) 86564-8 6/5/90 29.31
Bailey T. Parker Jr 91 RE(1/2) 87193-4 6/10/91 43.25
Bailey T. Parker Jr 91 RE(2/2) 87193-4 6/5/91 30.96
Johnnie L& Kathryn Spencer 92 RE(2/2) 131139-6 8/18/92 10.86
Rose Lifland 92 RE(2/2) 67742-1 8/ @/92 53.04
G Bruce &Joyce Klingensmith 92 RE(2/2) 62617-4 8/18/92 208.33
Grace Lee 92 RE(2/2) 66595-1 8/26/92 175.37
Arsenio MOng 92 RE(2/2) 82125-7 8/28/92 24.12
Arsenio MOng 92 RE(2/2) 82126-6 8/28/96 22.71
James E &Carole Bowen 92 RE(2/2) 11379-9 8/25/92 50.69
Homestead Savings 92 RE(2/2) 6706-3 6/5/92 84.75
Carteret Savings Bank 92 RE(1/2) 123841-2 11/18/91 64.59
Mildred M Congleton 92 RE(1/2) 23182-1 11/27/91 366.92
Christian Broadcasting Ntwk 92 RE(1/2) 20629-8 12/5/91 15.90
Nationsbanc Mortgage of VA 92 RE(1/2) 66117-0 11/27/91 19.29
Nationsbanc Mortgage of VA 92 RE(2/2) 66117-0 6/5/92 19.29
Nationsbanc Mortgage of VA 90 RE(1/2) 64370-9 12/5/89 25.17
Nationsbanc Mortgage of VA 90 RE(2/2) 64370-9 6/5/90 25.17
First Union Mortgage Corp 92 RE(1/2) 40038-1 11/26/91 2.73
First Union Mortgage Corp 92 RE(2/2) 40038-1 6/5/92 2.73
First Union Mortgage Corp 91 RE(1/2) 39786-8 11/26/90 6.71
First Union Mortgage Corp 91 RE(2/2) 29786-8 6/5/91 6.71
First Union Mortgage Corp 90 RE(1/2) 39167-8 12/1/89 6.35
First Union Mortgage Corp 90 RE(2/2) 39167-8 5/31/90 6.35
Tracey W McKinney N/A Pkng 344042 7/23/92 10.00
Leona J Espinosa N/A Pkng 389381 7/9/92 12.00
Total 1,451.37
This ordinance shall be effective from date of adoption.
The above abatement('s) totaling Cert
1,451.37 were approved by
the Council of the City of Virginia
Beach on the 22 day of temb@r, 1992 Johr surer
Approved as to form:
Ruth Hodges Smith
City Clerk
e le L LIli-yl
- 27 -
Item IV-LL.
RESOLUTIONIORDINANCE ITEM # 36069
Upon motion by Councibnan Clyburn, seconded by Councibnan Baum, City Council ADOPTED.
Resolution authorizing the issuance and sak of $50,000,000 General
Obfigadon Pubfic Improvement Bonds, Series of 1992, of the City of
Virginia Beac,% Virginia, providing for the form, details and payment
thereo.f, an4 composed of the following authorizations:
1987 Recreation Facilities Referendum $ 8,000,000
1989 School Referendum $ 19,875,000
1990 Road Bonds $ 8,000,000
1990 Charter Bonds $ 14,125,000
Voting: ii-o*
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburr4 Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
* Trice Mayor William D. Sessolm, Jr. (on paragraph 15)
Council Members Absent.
None
frice Mayor Sesso?w ABSTAINED pursuant to Section 2.1-639.14(C), Code of Virginia. Paragraph 15
of the Bond Resolution authorizes the Treasurer to utilize the State Non-Arbitrage Program of the
Commonwealth of lrtrginia in connection with the investment of the proceeds of the bonds. 77te City
Attorney has advised ;rice Mayor Sessoms that although he does not have a personal interest in the
resolution itself, he does have a personal interest in Paragraph 15 by virtue of the fact that he earns a
salary in excess of $10,000 annually from Central Fidelity a Banl; and Central Fidelity receives a fee
from the Program for banking and custodial services. Councilman Sessoms wished to disclose this interest
and declare that although he will vote on the resolution itself, he is disqualified from voting on
Paragraph 15.
Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was
currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of $10,000. Councibnan Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councibnan Moss's letter of July 14, 1992, is hereby made a part
of the record.
September 22, ]M
LESL E L LILL EY MUN@C PAI CENTER
C Ty @ll @NIY I RGIN I @"CH 11 @56 1 @
(@.1) @27 @@@l
FAX ( 01) @2 1 87
September 22, 1992
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(C), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, SS 2.1-639.14(C), Code of Virginia,
I make the fohowing declaration:
1. The transaction for which I am executing this written disclosure is the Council
consideration of a resolution authorizing the issuance and sale of $50,000,000
General Obhgation Pubhc Improvement Bonds, Series of 1992.
2. The nature of my personal interest is diat I am an officer of Central Fidehty
Bank (CFB) eaming in excess of $10,000.00 annually.
3. CFB receives a fee for the provision of banking and custodial services to the
State Non-Arbitrage Program of the Commonwealdi of Virginia ("SNAP")
with respect to funds invested with SNAP by third parties. Paragraph 15 of
the resolution authorizes the Treasurer to utilize SNAP in connection widi the
investtnent of the proceeds of the Bonds.
4. The City Attomey has advised me that I am required to disclose this interest
as it meets the criteria of a personal interest in the transaction under the
Conffict of Interests Act. I wish to disclose this interest and declare that I am
disquafified from parficipation in Council's discussion and vote on the SNAP
provision of the resolution.
Mrs. Ruth Hodges Smith -2- September 22, 1992
Re: Disclosure pursuant to Section 2.1-639.14(C), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attomey, which addresses diis same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
'WiUiam D. Sessoms, Jr.
Vice-Mayor
WDSir/clb
Enclosure
Cit@ C>f N7i]r@itai@ IE3@@@ti
LESLIE L LILLEY LNIC PAL CENTER
C Ty ATTORNEY "@G@N A BEAC. . 23@56 MO@
(8N) @27 @531
'AX (804) 426-5@l
September 22, 1992
The Honorable Wiffim D. Sessoms, Jr., Vice-Mayor
Municipal Center
Virginia Beach, Virginia 23456
RE: Conflict of Interests Act Opinion
Dear Vice-Mayor Sessoms:
I ain writing in response to your request for an opinion as to whether you may
participate in City Council's discussion and votr on a resolution autho@g the issuance and
sale of $50,000,000 General Obligation Pubhc Irnprovement Bonds, Series of 1992. The
resolution is scheduled for consideration by City Council at its September 22, 1992, meeting.
SUMMARY CONCLUSION:
From my review of the Conflict of Interests Act and the information provided by you
as referenred below, I am of the opinion that you have a personal interest in the transaction
of the Virginia Beach City Council conceniing the State Non-Arbitrage Prograin ("SNAP")
provision (Paragraph 15) of the aforementioned resolution, as a result of your employment
by Centml Fidelity Bank. You do not, however, have a personal interest in the remaining
provisions of the resolution. Since Central Fidelity Bank wiff realize a reasonably
foreseeable benefit or detriment as a result of the SNAP provision, you are disqualified from
participating in Council's consideration of that provision. I have set out the disclosure
requirements of SS 2.1-639.14(C) at the end of this letter.
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth, as you may only rely upon
this opinion if they are correct and complete.
Vice-Mayor Wilham D. Sessoms, Jr. -2- September 22, 1992
Re: Conflict of Interests Act Opinion
FACTS PRESENTED:
Your request for an advisory opinion is generated by Council's consideration of a
resolution authorizing the issuance and sale of $50,000,000 General Obligation Public
linprovement Bonds, Series of 1992. Paragraph 15 of the resolution authorizes the Treasurer
to uUm the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in
connection widi the investinent of the proceeds of the Bonds. You have advised that your
concem, and reason for requesting this opinion, is diat you are an officer of Central Fidehty
Bank ("CFB") eaniing in excess of $10,000 in @ each year, and diat CFB has entered
into a Depository Agreement widi SNAP, pursuant to which CFB makes investtnents, opens
accounts, closes accounts, and shifts funds from one kind of investrnent to anodier at the
direction of the SNAP's Investrnent Manager. Furthennore, CFB is paid a fee for these
banldng and custodial services.
ISSUE;
Are you precluded from participating in the Council's discussion and vote on the
resolution authorizing the issuance and sale of $50,000,000 General Obligation Public
linprovement Bonds, Series of 1992?
DISCUSSION:
1. A1212ticable Definitions:
A. City Council is a govenunental agency, as it is a legislative branch of local
govemment as defined in SS 2.1-639.2 of the Virginia State and Local Govermnent Conflict
of Interests Act (the "Act").
B. You are an officer within the meaning of SS 2.1-639.2 of the Act.
C. The resolution to be voted on by City Council is a "transaction" as defined by
the Act. The Act defines a transaction as "any matters considered by any ... govemrnental
agency on which official action is taken or contemplated." SS 2.1-639.2.
D. "Personal interest" is defined in SS 2.1-639.2 as being a financial benefit or
habihty which accrues to an officer, employee, or to an inirnediate family member. The
interest exists by reason of one of five categories specified dierein as: (1) ownership in a
business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual
income from ownership in real or personal property or a business in excess of $10,000.00;
Vice-Mayor W@ D. Sessoms, Jr. -3- September 22, 1992
Re: Conffict of Interests Act Opinion
(3) @ from the use of property or paid by a business diat exceeds $10,000.00 annually;
(4) ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or @; or (5) personal liability incuffed or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. "Personal interest in the transaction" is defined in SS 2.1-639.2 as existing when
an officer or employee or a member of his inimediate faniily has a personal interest in
property or a business or represents any individual or business and such property, business
or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably
foreseeable direct or indirect benefit or detriment as the result of the agency considering the
transaction.
11. Application of Definifions and Prohibitions:
A. Personal Interest
A "personal interest" exists by reason of one of five specified categories, as noted
above in the definition of "personal interest." Specificafly, my review of those categories
and the facts presented indicate that you eam more than $10,000.00 annual salary from CFB.
Therefore, you have a personal interest in CFB as defined under the Conffict of Interests
Act.
B. Personal Interest in the Transaction
Under the definition set forth in SS 2.1-639.2, you have a "personal interest in the
@saction" with respect to the SNAP provision of the resolution by virtue of your personal
interest in CFB, and the fact that CFB may realize a reasonably foreseeable benefit or
detriment as a result of the Council vote on the SNAP provision.
Ill. Prohibitions and Disclosure Requirements:
Based on the opinion diat it is reasonably foreseeable that CFB wiR receive a direct
benefit as a result of City Council's action regarding the SNAP provision of the resolution
authorizing the issuance and sale of $50,000,000 General Obligation Pubhc Iinprovement
Bonds, Series of 1992, SS 2.1-639.11(A)(1) disqualifies you from participating in the
transaction as to that provision. Additionafly, you must disclose this interest in accordance
widi SS 2.1-639.14(C). Enclosed please find a vaitten declaration fonn. You must file the
disclosure with the City Clerk and such disclosure is to be reflected in the pubhc records for
a period of five years from the date of recording or receipt.
Vice-Mayor WiUiam D. Sessoms, Jr. -4- September 22, 1992
Re: Conflict of Interests Act Opinion
As a final note to any conflict of interests opinion, SS 2.1-639.18(c) provides that a
written opinion of the Ciiy AttomU made after a fuU disclosure of the facts, is advisory and
adniissible as evidence that the local officer did not knowingly violate the Act, while a
favorable opinion of the Commonwealdi's Attorney as the enforcing officer of the COIA,
provides immunity from any areged violation.
Please contact me should you desire any additional infonnation.
Very truly yours,
Leslie L. L ey
City Attomey
LLL/RMB/clb
Enclosure
At a regular meeting of the City Council of the City of
Virginia Beach, Virginia, held on September 22, 1992, at the time
and place established by the City Council for such meetings, at
which the following members were present and absent:
PRESENT:
John A. Baum Paul J. Lanteigne
Linwood 0. Branch, III John D. Moss
James W. Brazier, Jr. Mayor Meyera E. Oberndorf
Robert W. Clyburn Nancy K. Parker
Robert K. Dean Vice Mayor William D. Sessoms, Jr.
Louis R. Jones
ABSENT:
the following resolution was adopted by the affirmative roll-call
vote of a majority of the members of the Council, the ayes and nays
being recorded in the minutes of the meeting as shown below:
MEMBER VOTE
io n . aum 7ye-
Linwood 0. Branch, III Aye
James W. Brazier, Jr. Aye
Robert W. Clyburn Aye
Robert K. Dean Aye
Louis R. Jones Aye
Paul J. Lanteigne Aye
John D. Moss Aye
Mayor Moyera E. Oberndorf Aye
Nancy K. Parker Aye
Vice Mayor William D. Sessoms, Jr. Aye*
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$50,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES OF 1992, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND PROVIDING FOR THE FORM,
DETAILS AND PAYMENT THEREOF
WHEREAS, the issuance of $32,850,000 of bonds of the City of
Virginia Beach, Virginia (the "City"), was authorized by an
ordinance adopted by the Council of the City (the "Council") on
August 17, 1987, and approved by the qualified voters of the City
at an election held on November 3, 1987, to finance community
recreational facilities, $24,850,000 of which bonds have been
issued and sold;
WHEREAS, the issuance of $68,375,000 of bonds of the City was
authorized by an ordinance adopted by the Council on August 21,
1989, and approved by the qualified voters of the City at an
*Vice Mayor Sessoms ABSTAINED on Paragraph 15.
AS T
IIGNAT
DEPARTMI.t4T
APPROVED AS TO LEGAL
SUFFICIENCY ANID FORM
CITY ATRORNEY
election held on November 7, 1989, to finance continuing
development of the City's school system, $47,500,000 of which bonds
have been issued and sold and $1,000,000 of which is scheduled to
be issued and sold on November 5, 1992;
WHEREAS, the issuance of $8,000,000 of bonds of the City was
authorized by an ordinance adopted by the Council on December 6,
1990, without being submitted to the qualified voters of the City
to finance road and highway improvements, none of which bonds have
been issued and sold;
WHEREAS, the issuance of $32,500,000 of bonds of the City was
authorized by an ordinance adopted by the Council on December 6,
1990, without being submitted to the qualified voters of the City,
for the purposes and in the amounts shown below, $8,000,000 of
which bonds have been issued and sold:
School projects, including planning, design, $ 3,619,000
construction, renovation, expansion, equipping,
and furnishing of schools and related facilities
Engineering and highway projects, including site 20,702,176
acquisition and improvements, design, planning,
construction, improvement, replacement, expansion,
and extension of streets, highways, and bridges
Drainage projects, including improvements to Salem 7,273,859
Canal and Ocean Park area, and also including beach
erosion and hurricane protection
Building projects, including design, planning, 904,965
construction, improvements, renovation, expansion,
equipping, and furnishing of fire and rescue
stations, library, storage and other facilities
TOTAL $32,500,000; and
WHEREAS, the Council has determined that it is in the city's
best interest to issue and sell the remaining $8,000,000 of the
unissued amount of bonds authorized for community recreational
facilities, the remaining $19,875,000 unissued amount of bonds
authorized in 1989 for schools, the $8,000,000 of bonds authorized
for roads and highways and $14,125,000 of the bonds authorized for
various public improvements; and
WHEREAS, it has been recommended to the Council by
representatives of Government Finance Associates, Inc. and
Government Finance Group, Inc. (the "Financial Advisors") that the
City issue and sell, as a single issue of public improvement bonds,
such $50,000,000 of bonds;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. Issuance and Sale. There shall be issued and sold as a
single issue of $50,000,000 of bonds, consisting of the $8,000,000
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remaining amount of bonds authorized for community recreational
facilities, the $19,875,000 remaining amount of bonds authorized
for schools in 1989, the $8,000,000 of bonds authorized for streets
and highways and $14,125,000 of the bonds authorized for various
public improvements.
2. Bond Details. The bonds shall be designated "General
Obligation Public Improvement Bonds, Series of 1992,11 shall be
dated November 1, 1992, shall be in registered form, in
denominations of $5,000 and multiples thereof and shall be numbered
R-1 upward. The Bonds shall mature in installments on July 15 in
years and amounts as follows:
Year Amount Year Amount
1993 $2,500,000 2003 $2,500,000
1994 2,500,000 2004 2,500,000
1995 2,500,000 2005 2,500,000
1996 2,500,000 2006 2,500,000
1997 2,500,000 2007 2,500,000
1998 2,500,000 2008 2,500,000
1999 2,500,000 2009 2,500,000
2000 2,500,000 2010 2,500,000
2001 2,500,000 2011 2,500,000
2002 2,500,000 2012 2,500,000
Each Bond shall bear interest at such rate or rates as shall
be determined at the time of sale, payable semiannually on January
15 and July 15, beginning July 15, 1993, (a) from November 1, 1992,
if it is authenticated prior to July 15, 1993, or (b) otherwise
from the January 15 or July 15 that is, or immediately precedes,
the date on which it is authenticated (unless payment of interest
thereon is in default, in which case such Bond shall bear interest
from the date to which interest has been paid).
Principal and premium, if any, shall be payable to the
registered owners upon surrender of Bonds as they become due at the
office of the Registrar, as hereinafter defined. Interest shall be
payable by check or draft mailed to the registered owners at their
addresses as they appear on the registration books kept by the
Registrar on the first day of the month of each interest payment
date. Principal, premium, if any, and interest shall be payable in
lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds
shall be issued and registered to The Depository Trust Company, New
York, New York (IIDTCII), or its nominee. The City shall enter into
a Letter of Representations relating to a book-entry system to be
maintained by DTC with respect to the Bonds. "Securities Deposito-
ry" shall mean DTC or any other securities depository for the Bonds
appointed pursuant to this Section.
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In the event that (a) the Securities Depository determines not
to continue to act as the securities depository for the Bonds by
giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City in its sole discretion
determines (i) that beneficial owners of Bonds shall be able to
obtain certificated Bonds or (ii) to select a new Securities
Depository, then its chief financial officer shall, at the
direction of the city, attempt to locate another qualified
securities depository to serve as Securities Depository or
authenticate and deliver certificated Bonds to the beneficial
owners or to the Securities Depository participants on behalf of
beneficial owners substantially in the form provided for in Section
5. In delivering certificated Bonds, the chief financial officer
shall be entitled to rely on the records of the Securities
Depository as to the beneficial owners or the records of the
Securities Depository participants acting on behalf of beneficial
owners. Such certificated Bonds will then be registrable,
transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds (1)
it or its nominee shall be the registered owner of the Bonds, (2)
notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal,
premium, if any,, and interest, transfers of ownership and exchanges
and receipt of notices shall be the responsibility of the Securi-
ties Depository and shall be effected pursuant to rules and
procedures established by such Securities Depository, (3) the
Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the
securities Depository, its participants or persons acting through
such participants, (4) references in this Resolution to registered
owners of the Bonds shall mean such Securities Depository or its
nominee and shall not mean the beneficial owners of the Bonds, and
(5) in the event of any inconsistency between the provisions of
this Resolution and the provisions of the above-referenced Letter
of Representations such provisions of the Letter of Representa-
tions, except tb the extent set forth in this paragraph and the
next preceding paragraph, shall control.
3. Redemption Provisions. Bonds maturing on or before July
15, 2002, are not subject to redemption prior to maturity. Bonds
maturing on or after July 15, 2003, are subject to redemption prior
to maturity at the option of the City on or after July 15, 2002, in
whole at any time or in part on any interest payment date, upon
payment of the following redemption prices (expressed as a
percentage of principal amount of Bonds to be redeemed) plus
interest accrued and unpaid to the redemption date:
Period During Which Redeemed Redemption
Both Dates Inclusive - Price
July 15, 2002 to July 14, 2003 102 %
July 15, 2003 to July 14, 2004 101
July 15, 2004 and thereafter 100
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If less than all of the Bonds are called for redemption, the
maturities of Bo'nds to be redeemed will be selected by the chief
financial officer of the City in such manner as he may determine to
be in the best interest of the City. If less than all the Bonds of
a particular maturity are called for redemption, the Bonds within
such maturity to be redeemed will be selected by DTC or any
successor securities depository pursuant to its rules and proce-
dures or, if the book entry system is discontinued, will be
selected by the Registrar by lot in such manner as the Registrar in
its discretion may determine. In either case, (a) the portion of
any Bond to be redeemed will be in the principal amount of $5,000
or some integral multiple thereof and (b) in selecting Bonds for
redemption, each Bond will be considered as representing that
number of Bonds that is obtained by dividing the principal amount
of such Bond by $5,000. The City will cause notice of the call for
redemption identifying the Bonds or portions thereof to be redeemed
to be sent by registered or certified mail, not less than 30 nor
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner of the Bonds. The City will not be
responsible for mailing notice of redemption to anyone other than
DTC or another qualified securities depository or its nominee
unless no qualified securities depository is the registered owner
of the Bonds. If no qualified securities depository is the
registered owner of the Bonds, notice of redemption will be mailed
to the registered owners of the Bonds. If a portion of a Bond is
called for redemption, a new Bond in principal amount equal to the
unredeemed portion thereof will be issued to the registered owner
upon the surrender hereof.
4. Execution and Authentication. The Bonds shall be signed
by the manual or facsimile signature of the Mayor, shall be
countersigned by the manual or facsimile signature of the Clerk,
and the City's seal shall be affixed thereto or a facsimile thereof
printed thereon; provided, however, that if both such signatures
are facsimiles, no bond shall be valid until it has been
authenticated by the manual signature of the Registrar or of an
authorized officer or employee of the Registrar and the date of
authentication noted thereon.
S. Bond Form. The Bonds shall be in substantially the
following form:
REGISTERED REGISTERED
No. R-- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General obligation Public Improvement Bond. series of 1992
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INTEREST RATE MATURITY DATE DATED DATE CUSIP
% July 15, November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof, to the registered
owner thereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above, and
to pay interest hereon semiannually on each January 15 and July 15,
beginning July 15, 1993, at the annual rate stated above. Interest
is payable (a) from November 1, 1992, if this bond is authenticated
prior to July 15, 1993, or (b) otherwise from the January 15 or
July 15 that is, or immediately precedes, the date on which this
bond is authenticated (unless payment of interest hereon is in
default, in which case this bond shall bear interest from the date
to which interest has been paid). Principal and interest are
payable in lawful money of the United States of Ainerica by the City
Treasurer, who has been appointed paying agent and registrar for
the bonds, or at such bank or trust company as may be appointed as
successor paying agent and registrar by the City (the "Registrar") .
Notwithstanding any other provision hereof, this bond is
subject to a book-entry system maintained by The Depository Trust
Company (IIDTCII) , and the payment of principal and interest, the
providing of notices and other matters shall be made as described
in the City's Letter of Representations to DTC.
This bond is one of an issue of $50,000,000 General obligation
Public Improvement Bonds, Series of 1992, of like date and tenor,
except as to number, denomination, rate of interest, maturity and
privilege of redemption, issued pursuant to a resolution adopted by
the City Council on September 22, 1992, and the Constitution and
statutes of the Commonwealth of Virginia, including the city
Charter and the Public Finance Act of 1991. Of such amount
$8,000,000 for community recreational facilities were authorized by
an ordinance adopted by the Council on August 17, 1987, and
approved at an election held on November 3, 1987, $19,875,000 for
school improvements were authorized by an ordinance adopted by the
Council on August 21, 1989, and approved at an election held on
November 7, 1989, $8,000,000 for road and highway improvements were
authorized by an ordinance adopted by the Council December 6, 1990,
without being submitted to the voters, and $14,125,000 for various
public improvements were authorized by an ordinance adopted by the
Council on December 6, 1990, without being submitted to the voters.
Bonds maturing on or before July 15, 2002, are not subject to
redemption prior to maturity. Bonds maturing on or after July 15,
2003, are subject to redemption prior to maturity at the option of
-6-
the City on or after July 15, 2002, in whole at any time or in part
on any interest payment date, upon payment of the following
redemption prices (expressed as a percentage of principal amount of
bonds to be redeemed) plus interest accrued and unpaid to the
redemption date:
Period During Which Redeemed Redemption
Both Dates Inclusive Price
July 15, 2002 to July 14, 2003 102 %
JUly 15, 2003 to July 14, 2004 101
July 15, 2004 and thereafter 100
If less than all of the bonds are called for redemption, the
bonds to be redeemed will be selected by the chief financial
officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a
particular maturity are called for redemption, the bonds within
such maturity to be redeemed will be selected by DTC or any
successor securities depository pursuant to its rules and proce-
dures or, if the book entry system is discontinued, will be
selected by the Registrar by lot in such manner as the Registrar in
its discretion may determine. In either case, (a) the portion of
any bond to be redeemed shall be in the principal amount of $5,000
or some integral multiple thereof and (b) in selecting bonds for
redemption, each bond shall be considered as representing that
number of bonds that is obtained by dividing the principal amount
of such bond by $5,000. The City will cause notice of the call for
redemption identifying the bonds or portions thereof to be redeemed
to be sent by registered or certified mail, not less than 30 nor
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner thereof.
The full faith and credit of the City are irrevocably pledged
for the payment of principal of and premium, if any, 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 the bonds
of which this bond is one, together with all other indebtedness of
the City, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
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IN WITNESS WHEREOF, the city of Virginia Beach, Virginia, has
caused this bond to be signed by the Mayor, to be countersigned by
its Clerk, its seal to be affixed hereto and this bond to be dated
November 1, 1992.
COUNTERSIGNED:
(SEAL)
Clerl inia Mayor, City of Virginia
Beach, Virginia Beach, virginia
ASSIGNMEINT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s)
and transfer(s) unto
[PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:]
(Plea
Transferee)
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing
Attorney, to transfer
said s kept for ion thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed
NOTIC (Signa ure of Reg stered Owner
guaranteed by a member firm NOTICE: The signature above
of the New York Stock must correspond with the name
Exchange or a commercial bank of the registered owner as it
or trust company. appears on the front of this
bond in every particular,
without alteration or
enlargement or any change
whatsoever.
-8-
6 Pledge of FUII Faith and Credit. The full faith and
credit of the City are irrevocably pledged for the payment of the
principal of and premium, if any, and interest on the Bonds.
Unless other funds are lawfully available and appropriated for
timely payment of the Bonds, the Council shall levy and collect an
annual ad valorem tax, over and above all other taxes authorized or
limited by law, on all locally taxable property in the city
sufficient to pay when due the principal of and premium, if any,
and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The City
Treasurer is appointed paying agent and registrar of the Bonds (the
"Registrar"). If no qualified Securities Depository is the
registered owner of the Bonds, the City may appoint a qualified
bank or trust company as successor paying agent and registrar of
the Bonds. The Registrar shall maintain registration books for the
registration and exchange of Bonds. Upon presentation and
surrender of any Bond to the Registrar, at its corporate trust
office if the Registrar is a bank or trust company, together with
an assignment duly executed by the registered owner or his duly
authorized attorney or legal representative in such form as shall
be satisfactory to the Registrar, the City shall execute, and the
Registrar shall authenticate and deliver in exchange, a new Bond or
Bonds having an equal aggregate principal amount, in authorized
denominations, of the same form and maturity, bearing interest at
the same rate and registered in the names as requested by the then
registered owner or his duly authorized attorney or legal
representative. Any such exchange shall be at the expense of the
City, except that the Registrar may charge the person requesting
such exchange the amount of any tax or governmental charge required
to be paid with respect thereto.
The Registrar shall treat the registered owner as the person
exclusively entitled to payment of principal, premium, if any, and
interest and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the person or
entity shown as owner on the registration books on the first day of
the month of each interest payment date.
8. Notice of Sale. The City Manager, in collaboration with
the Financial Advisors, is authorized and directed to take all
proper steps to advertise the Bonds for sale substantially in
accordance with the form of Notice of Sale attached hereto, which
is approved, provided that the City Manager, in collaboration with
the Financial Advisors may make such changes in the Notice of Sale
not inconsistent with this Resolution as he may consider to be in
the best interest of the City.
9. Official Statement. A draft dated September 15, 1992, of
a Preliminary Official Statement describing the Bonds, copies of
which have been provided to the members of the Council, is approved
as the form of the Preliminary official Statement by which the
Bonds will be offered for sale, with such completions, omissions,
-9-
insertions and changes not inconsistent with this resolution as the
City Manager, in collaboration with the Financial Advisors, may
consider appropriate. The City Manager is authorized and directed
to execute an official Statement in final form and deliver it to
the purchasers of the Bonds. The Official Statement shall be in
substantially the form of the Preliminary Official Statement
submitted to this meeting, with such completions, omissions,
insertions and other changes as may be approved by the city
Manager, in collaboration with the Financial Advisors, the
execution thereof by the City Manager to constitute conclusive
evidence of his approval of any such completions, omissions,
insertions and changes.
10. Official Statement Deemed Final. The City Manager is
authorized, on behalf of the City, to deem the Preliminary Official
Statement and the Official Statement in final form, each to be
final as of its date within the meaning of Rule l5c2-12 of the
Securities and Exchange Commission, except for the omission in the
Preliminary official Statement of certain pricing and other
information permitted to be omitted pursuant to such Rule 15c2-12.
The distribution of the Preliminary Official Statement and the
Official Statement in final form shall be conclusive evidence that
each has been deemed final as of its date by the City, except for
the omission in the Prelirainary official Statement of such pricing
and other information permitted to be omitted pursuant to Rule
15c2-12.
11. Preparation and Delivery of Bonds. After bids have been
received and the Bonds have been awarded, the officers of the City
are 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 purchasers thereof upon payment therefor.
12. Arbitrage Covenants. The City covenants that it shall
not take or omit to take any action the taking or omission of which
will cause the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended,
including regulations issued pursuant thereto (the "Codell) , or
otherwise cause interest on the Bonds to be includable in the gross
income of the registered owners thereof under existing law.
Without limiting the generality of the foregoing, the city shall
comply with any provision of law that may require the city at any
time to rebate to the United States any part of the earnings
derived from the investment of the gross proceeds of the Bonds,
unless the City receives an opinion of nationally recognized bond
counsel that such compliance is not required to prevent interest on
the Bonds from being includable in the gross income of the
registered owners thereof under existing statutes. The City shall
pay any such required rebate from its legally available funds.
13. Non-Arbitrage certificate and Elections. Such officers
of the City as may be requested are authorized and directed to
execute an appropriate certificate setting forth the expected use
-10-
and investment of the proceeds of the Bonds in order to show that
such expected use and investment will not violate the provisions of
Section 148 of the Code and any elections such officers deem
desirable regarding rebate of earnings to the United States for
purposes of complying with section 148 of the Code. Such
certificate shall be in such form as may be requested by bond
counsel for the City.
14. Limitation on Private Use. The City covenants that it
shall not permit the proceeds of the Bonds to be used in any manner
that would result in (a) 5% ot more of such proceeds being used in
a trade or business carried on by any person other than a govern-
mental unit, as provided in Section 141(b) of the Code, (b) 5% or
more of such proceeds being used with respect to any output
facility (other than a facility for the furnishing of water) ,
within the meaning of Section 141(b)(4) of the Code, or (c) 5% or
more of such proceeds being used directly or indirectly to make or
finance loans to any persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however, that if
the City receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the
interest on the Bonds from being includable in the gross income for
federal income tax purposes of the registered owners thereof under
existing law, the City need not comply with such covenant.
15. SNAP Investment Authorization. The Council has received
and reviewed the Information Statement dated May 1, 1990 (the
"Information Statement"), describing the State Non-Arbitrage
Program of the Commonwealth of virginia ("SNAP") and the Contract
Creating the State Non-Arbitrage Program Pool I dated January 16,
1989 (the "Contract") , and the Council has determined to authorize
the Treasurer to utilize SNAP in connection with the investment of
the proceeds of the Bonds. The Council acknowledges that the
Treasury Board of the Commonwealth of Virginia is not, and shall
not be, in any way liable to the City in connection with SNAP,
except as otherwise provided in the Contract.
16. Applicable Law. The City elects that the Bonds shall be
issued pursuant to the Public Finance Act of 1991, Section 15.1-
227.1 et seq. of the Code of Virginia of 1950, as amended, and the
City Charter.
17. Other Actions. All other actions of officers of the City
and the council in conformity with the purposes and intent of this
resolution and in furtherance of the issuance and sale of the Bonds
are ratified, approved and confirmed. The officers of the City are
authorized and directed to execute and deliver all certificates and
instruments and to take all such further action as may be
considered necessary or desirable in connection with the issuance,
sale and delivery of the Bonds.
18. Repeal of Conflicting Resolutions. All resolutions or
parts of resolutions in conflict herewith are hereby repealed.
-11-
19. EffectiVe Date. 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, Virginia, held on the 22nd day of
September, 1992, and of the whole thereof so far as applicable to
the matters referred to in such extract.
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this - day of September, 1992.
(SEAL)
Clerk, City of Virginia Beach,
virginia
-12-
NOTICE OF SALE
City of N'irginia Beaich, Alirginia
$50,000,000
GENERAL OBLIGA,'I'ION PUIIIJC IMPRON'EMENT'BONDS, Series of 1992
Scaled bids will be recei-,,ed for thc Ci of Virginia Beacb, Virginia (the "City"), until
11:00 a.m., @al Time on Tuesda@,, October 13,1992
at the, Otrice of tlie City Managei, Virginia Beach Municipal CeT@ter, City 1-fall Building, Virginia ]3each,
Virgiiiia, 23456, foT tlie purchase of $50,000,OUO General Obligation Public Improvement Bonds, Series
of 1992 (th@ descrit)ed liereiti. Iminediatelv tliereifter, the bids will be pul)licly opened and
atinouticed, ai)d t)ie Couticil of tlie City of Virginia ;each, Virginia will nieet at 2:00 p.m. to act upon
the bids.
Thc Bond!i will be g@neral ohligition bonds of the City dated Novembcx 1, 1992, atid will mature *Crially
on July 15 in the years and amounts as shown belonv.
Due: Jul3, 15 Am(-)unt Due: July 15 Amount
1993 $2,500,000 1003 $2,500,000
1994 $2,500,000 2004 $2,500,000
1995 $2,500,000 2005 $2,500,000
1996 $2,500,000 2006 $2,500,000
1997 $2,500,000 2007 $2,500,000
1998 $2,500,000 2008 $2,500,000
1999 $2,500,000 2009 $2,500,000
2000 $2,500,000 2010 $2,500,000
2001 $2,500,000 2QII $2,500,000
2002 $2,500,000 2012 $2,5mlooo
Form ar)(I Pay ent of the Bonds
The T3onds will be issued by e!ans of a book entry system with no distribution of physical Bond
certiflcates made to th@ public. Qne)3t)nd certificate for each mattitity will be issued to The Depository
Triist C@)tiipatiy, New York, Ne\v York (DTC) or its nominee, and immobilized in its custody. The book
en@ system will evidence beneficial owner@bip of the Bonds iii priiicipal amouyits of $5,000 or multiples
thercof, with tratisfers of beneficial owneTShip effectcd on the records of DTC and it5 participants
pursuaiit to rules aiid procedur@ c.5tablished by D'fC and its participaiits. Bond certificates registered
in the name of Cede & Co. will be deposited witli D'FC. Interest on the Bonds will be payable
5@mi@,inntt,,illy oii Jitiuzry 15 at)d Jilly 15, beginnirig July 15, 1993 atid principal on the 13onds will be paid
annually on July 15, to DTC or its jiominee as registered owner of the Bonds. Transfer of principal and
intetest pa,,Iriients to participants of DTC will be the responsibility of DTC; tratisfer of pripcipal qnd
inte,rest payments to beneficial o@vners by participants of DTC will be the respon5ibility of such
participants and oth@r no ij)ees of beneficial owners. T'he City will not be respoiisible or liable for
niaintaining, supeniE:iDg Or TCVieWin&l the records inaintained by D'FC, its participants or persons actirig
througli sucli participants.
In the rvtnt that (1) DTC deteriiiines not to cotitinue to act as securities depository for the Bonds,
(2) the chief financial officer of the City determines that I)TC is incapable, of dischargit)g its duties or that
continuation with DTC as securities depositoty with respect to the Bonds i8 not in the bcst ititerest of
tlie City, or (3) the cbi@f flnancial officer of the City detertyiities that continuation ()f tlie book en@,
systeni of evidence of ow ership and trarisfer of ownersliip in the Bonds is not in the best interest of tlie
City or tlie ben@ficial owriers of the Bonds, the City will discontinue the book entry syste with DTC.
If ttie Cfty fails to identify another qualified securities dtpository to repiqce D-I'C, tbe City will
autlienticate and delin,er replaceinent Boiids in the forni of fully registered certificates. If no qijalified
C-1
Securities depositoiy is the registered owner of the Bonds, tht City may appoint a qualified bank Z,3
paying agent and registrar of the Bonds,
Redemption
Bonds maturing on or before July 15, 2002 will not be subject to redemption prior to mattirity
Boiids m,-Lturing oii or after July 15, 2003 will be .5ubject to redemption beginnitig Iiity 15,
, as a
at the, option of the City, upoii I)&YMCllt of
NvhoJe at any tilt)e or in part on any ititer@5t payment date,, 2002
tl)e fk)llowing redetllption pyic@s (expic@ed as a percentage of principal ailloiint Qf Bonds to be
redeerned) plus interest accrued and uiipaid to the redernption date,:
Period Duting Which Re(Jeemed
(both dates inclijsive) Redemptioil Price
July 15, 2002 to July 14, 2003 102.0%
July 15, 2003 to July 14, 2004 ioi.ov@
July 15, 2004 and thereafttr 100.0%
If less than all of the B()nds are called for redemption, the maturities of Bonds to be redcemed shall
be sclected by the CIty's chief fitiancial officer in such nianner as he may determitie to be in the best
interest of the City. If less thati aIJ of the Bonds of a particular matutity are called for redeinption, the
Boiids witilin sticii inatuiity to be Tedeemed will bo selected b_y DTC or any succe.%Sor securities
depository pursuatit to its rujes aiid proctdures or, it the book entiy system is discontinued, will be
selected by ttic Registrar by lot in such a nianner as tlie Registrar in its discretion rnay determine. Iti
citlier case, (1) tlie portion of any Bond to be redeemed shall be in the principal amount of $5,000 or
somt: integral inuttiplc tt)@ec)f a@id (2) in se-lectiiig Bond5 for redettiptioti, eacii Borid shall be colisidered
as re-presenting that numbt,,r of Bondq tfiat is obtained by dividing the principal amouiit otsuch B. otid by
$5,000. The City will cause liotice of tbe call for redemption ideritif3,iiig the Bonds or portions thereof
to be redeemed to be sent by registered or certified mail, not less than 30 or mot e than 60 days prior to
the re(leinptioti datc, to DTC or its noniinee as the registered oivner thereof. The City %vill not be
responsible for mailing notice of redemptiori to atlyoxie other than DTC or another qualified securities
del)ositOT3' or it-,, tiomit)CC.S UJ)ICSS no qualified securities depository is the registered owneir of tlie Bonds,
If t)o qualified securities dppositoi-v or its nominee k tbe registered oxx-ner of the Bonds, notice of
redemption shzill be ailed to ttie registeted owners of the 13onds. If a portion of a Bond is called for
redetnption, a new Boiid iii priiicipal amount equal to the unrcdumcd portion shall be issued to the
registered ownet upon the surrender theieof.
Security
Thc 13onds will be gtneral obligations of the City, secured by a pledge of th@ City's full faith and
credit and uriliniited taxing po'A,er.
Bidding Rules: Awird of Bonds
Didders may only bid to purchase all of the Bonds. Bidders are invited to iiame the rate or rates of
ititerest whicb the J3ozds are to bear in multiples of one-eighth or one-t%ventieth of one percent. All
Bonds Tnaturitig on the -sa e dat@ must bea@ ititerest at tbe san)e rate. Any number of rates may be
nariied provided tliat the (a) highest rite of interest niay not exceed the IoNvest rate of interest by mote
than five percentage points and (b) t e rate of interest on any sidgic niaturity shall not be less than tbe
rate of iiiterest on atty prior inaturity. No bid for less than 99% of par shall be considered. Tlie right to
reject any or all bids and to waive irregularities in any bid is heroby roserved,
lJt)les-s all bids are rejected, the Bonds will be awarded to the bidder complying with tlie teriiis of
thi.5 notice of sale and submitting a bid which provided the lowest "true" or "Canadian" interest cqst.
,rrile (CaT)adia ) interest cost shail be determined for each bid by doublijig th,, semiantiual interest ratc,
coinpounded semiannually, necessaty to cliscount tbe debt service payments to the date of the Bonds
and tlie price bid, exclulirig accrijed interest. If rnore than one bid offers the same lowest true
C-2
(Canadian) interest cost, the successful bid will be selected by lot. Each bidder shall include in its bid
a statement of the true (Canadian) interest cost offered in its bid, but this statement shall not be deemed
to be part of the bid.
Good Faith Deposit
Eacti proposal must be enclosed in a scaled envelope, marked on the outside "Bid for the City of
Virginia Beacii, Virginia, General Obligation Public Improvement Bonds, Series of 1992," and should
be addressed to the Council of the City of Virginia Beach, Virginia, City Hall, Virginia Beach, Virginia
23456. Facii propos@l must be unconditional and must be accompanied by a certified or cashier's check
f,)r $1,000,000 drawii u[)oii iii ijtcorporated bank or trust conipaiiy and payable unconditionally to tile
order of tlie City of Virginia Beach, Virgiiiia, to secure the City against any loss resulting from the
failure of tlie successful bidder to comply with the terms of its proposal. The check of the successful
bidder will be deposited and credited toward the purchase price, and no interest will be allowed thereon
to accrue to the bencfit of the successful bidder. The proceeds of the check will be retained by tlie City
as liquidated daiiiages in casc the successful bidder fails to accept deliv@ of and pay for the Bonds.
Checks of unsuccessful bidders will be returned promptly upon award of the Bonds.
In lieu of tlie check described above, the deposit may be in the form of a Financial Surety Bond in
tlie aniount of $1,000,000 payable to thc City. The Financial Surety Bond must be from an insurance
conipany acceptable to the City and licensed to issue such a bond in the Commonwealth of Virginia, and
such Financial Surety Bond must be submitted to the City prior to the opcning of the bids and must be
in a form acceptable to tlie Cit),. The Finaricial Sur@ Bond must identify each bidder whose deposit
is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial
Surety Bond, then such succesqful bidder is required to submit its deposit to the City in the form of a
c,isliic,'s cl,cck or certified clicck o, wire transfer not later tllari 11:00 a.m. local time on tlie next
busiiicss day followitig tlie a%vard. If sucli deposit is not received by tliat tiiiie, the Finajicial Surety Bond
may be drawn by tlie City to satisfy the deposit requirement.
Delivery of the Bonds
The Bonds will be delivered at the expense of the City in New York, New York, through the
facilities of DTC on or about November 12, 1992.
'I'he successful bidder will be provided with the usual closing documents, includirig (1) a certificate
signed by the City officials 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 Bonds or the levy or
collectioii of taxes to pay principal or interest thereon or in any manner questioning the proceedings and
autliority under which the Bonds are issued and (2) a certificate signed by appropriate City officials
relating to the Ofricial Statement.
Certificate of Winning Bidder
The successful bidder must, by facsimile transmission or overnight delivery received by the City
within 24 hours after receipt of bids for the Bonds, furnish the following information to the City to
coinplete tlie Official Statement in final form, as described below:
A. The offering prices for the Bonds (expressed as the price or yield per maturity, exclusi@c of any
accrued interest).
B. Selling compensation (aggregate total anticipated compensation to the underwriters expresscd
in dollars, based on the expectation that all Bonds are sold at the prices or yields described in
Subpart A above).
C. The identity of the underwriters if the successful bidder is a part of a group or syndicate.
D. Any other material information necessary to complete the Official Statement in final form but
not known to the City.
C-3
Prior to delivery of the Bonds, tlie successful bidder shall furnish to the City a certi6cate in form
acccptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering
of tht Bonds at the initial public offeriug priccs set forth in ,uch certificatr and that a substantial amouiit
of the Boiids of each inatUTity IN't:re Sold to the public ((.xcluding bond houses, t)rokers, and other
intermediaries) at sucb initial public offering prices. Such certificate shall state that (1) it is made oil the
best ktiowledge, ipfoTniatioj3 a d belief of the successful bidder and (2) 10@, or more in par amount of
tbe Bonds of each maturity NN!as sold to the public at the initial public offering price (sucb amount being
suffiQieiit to establish tlie sale of a substantial aiiiount of tlie Bonds).
CUSIP Numbees
It is anticipated that CUSIF identification numbcrs will be printed on the )30nds, but neither the
failure to print such nuinbers on any Bond tior any error with respect thereto sliall constitute catise fQr
failure cr reftisal by the succeqsftil bidder thereof to accept delivery of aiid pay for the Bonds in
accordar@ccts \Vitt) the tertns of its proposal, All expenses iii connectiod @,ith tlie it)itial assigtitlient atid
printing of CUSIP numbers shall be paid by the City.
Official Statemeilt
The City will furnish the successful bidder at the expen;e of the City up to 500 copies of the final
Official Statemeiit witliiii seven business days from the date of tlie award of sale, as specified iii Rule
15c2@12 of the Securities atid Fxchaiige (,om@iiission (SEC) and the TUle@ of the NISRB, provided that
niii)or (lelays in flitnishing such final Official Statement will not be a basis for failure to pay fot anci
accept delivery of tlie Bonds. Additional copies wi)l be iiiade a,,,ailable at the successful bidder's request
and expey).@e- The City assumes no responsibility or obligatiOT) for tlie distributioti or delivexy of 2ny
copies of the Official Statemetit to anyone other than the succes8ful bidder.
Legal Opinion
The approving opinioti of Hunton & Williams of Richmond, Virginia, with respect to the Bonds will
be furnished to thc successful bidder at the expen5e of the City and will state that the Bonds constitutc
valid and legally bindiiig obligations of the City and that its Council is aiithorized and required by law,
unless otlier fuiids are lawfully available and appropriated for timely paynient of tbe Bonds, to levy and
collect an annual ad valorem tfkx, without limitation as to rate or amount, on all locally taxable property
in tbe City sufficietit to pay tlie prit)cipal of atid iyiterest oti the )3onds as tlie same become due.
Tix Exemption
The OTicial Statement relating to thc bonds contains a discussion of the effect of thc Internal
Reveiiue (@de of 1986, as aniended, on tbe exclusion froni gross inco e of interest on the Bonds and
a discussion of the opinion of Ilunton & Williams insofar as it concerns such exclusion.
Additional Information
For further information relatitig to the 13onds and the City, reference is made to tbe CJty's
Preliniinaiy OfficiaJ Stateiiiexit. Tlie City Iiis deemed t o Preliniinary Official Statement to be final As of
its date wltliiii tlie nleaning of Rule 15c2-12 of tlie SEC, except for the oitiission of certain pricing and
other inforiiiation permitted to be o itted put$uant to Rule 15c2-12. Bidders are request@d, but ilot
required, to use tlie Official Bi(i Forni which, together with the Preliminary Official Statement, may be
obtaiiied froiii the City's financial advisors, Government Finance Assoriiitcs, Inc., 71 Broadway, Suite
1301, New York, N. Y. 1001)0 (telephone '11121809/5700) and Gc)vernment Finance Group, 4350 N.
Fairfax Dr., Suite 760, Arlington, VA 22203 (telephone 703/528-5785).
CITY OF VIRGINIA BEACH, VIRGINIA
By: James K. Spore
City Manager
C-4
OFFICIAL DID FORM
-Qrtober 13 199@
City Council
B 'acl
i2 c
'y
in
C.,v anager
I Center
ffir
C' O' Vig
c'o
V- 'n c P.
C. gi. B,.,!h 111.
.11 B..Id..
Vi 23456
Dcar 5ir,,
On behalf of the group listed below and pursuant to the terms and conditio,, of sale listed in the City's Notice
of Sale, wc offer to purchase the SSO-NOO-OOO General obligation Public Improvement Bonds, Scries of 199; of the
City of Virginia Be @ h, Virginia, dated
ac . This offer is made for all of said bonds and for not less
than all, maturing on@ iii tlie years slio@n below.
The schedule of maturities and interest rates upon which tilis bid is based are as follows:
Nlaturity Amount Rate Maturity Amount Rate
-500-000
2 500-000
2 500 OOQ
2-@O 00n
2-500-000
2-500 000
2-500 000
'2007 2@@00 000
We will pay ch ig not leg than S49-50o nrin Qo
il
bg @,.,ns f , ho,k-@ntry t T6@ nc)s )f d,live
ndecafp thp a
Tf nwarded t er th@
enclose a certified or cashier's check for $@.000 drawn upon an incori)orated bank or trust company
and payable unconditionally to the order of i-he ]@of Virginii Beach, Vir@inia, which is to be ap lied i.
accordance with the Notic-e of Bond Salepgainst iny loss resulting from thesuccessful bidder to
comply with the terms of this proposal,
ill h, cr@ditpd threon.
ed pro
Respectfully submitted,
The above good faith check has been returned a,d
receipt thereof is duly acknowledged.
NO ADDITION OR TERATION, EXCEPT AS PRO DED 0 SHOULD BE MADE TO THIS BID
AL VI @ VF
(NOTE - 'ne following is stated for infonnation only and is not a part of this bid: The Tme Interest Cost of this bid is
%, and the total amount of interest payable on the Bondsjs
- 28 -
Item IV-L2,
RESOLUTIONIOP.DINANCE ITEM # 36070
Upon motion by Vice Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED.-
Or&nance to TRANSFER $100,000 to Parks and Recreation CIP
Project 4-596, Owl Creek Boat Ramp, from Project 4-939,
Neighborhood Parky Acquisition and Development, re boat ramp
L,nprovements.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III James W. Brazier, Jr., Robert
W. Clyburib Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf Nancy K Parker and Vice Mayor William D. Sessonts, Jr.
Council Members Voting Nay:
Robert K Dean and John D. Moss
Council Members Absent:
Non e
September 22, 1992
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $100,000
2 TO PARKS AND RECREATION CIP PROJECT 4-S96 OWL CREEK BOAT RAMP
3 TO PROVIDE FULL FUNDING FOR BOAT RAMP IMPROVEMENTS FROM
4 PROJECT 4-939 NEIGHBORHOOD PARKS ACQUISITION AND DEVELOPMENT
5 WHEREAS, a grant in the amount of $150,000 for improvements
6 to the Owl Creek Boat Ramp was received from the Commonwealth of
7 Virginia, Department of Game and Inland Fisheries and accepted by
8 Council on June 23, 1992;
9 WHEREAS, the purpose of the grant is to provide partial
10 funding for the improvement and development of the boat ramp
11 parking to include additional gravel parking area, timber
12 wheelstops and guardrail, handicap car and trailer parking,
13 concrete transition area, entrance and traffic signs, and lighting;
14 WHEREAS, the cost of the improvements to the Owl Creek Boat
15 Ramp are projected to be an additional $100,000 for a total cost of
16 $250,000;
17 WHEREAS, $100,000 can be transferred from Parks and Recreation
18 CIP Project 4-939 Neighborhood Parks Acquisition and Development
19 without curtailing or impacting projects in existing neighborhood
20 parks.
21 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA; that funds in the amount of $100,000 be
23 transferred from Parks and Recreation CIP Project 4-939
24 Neighborhood Parks Acquisition and Development to Parks and
25 Recreation CIP Project 4-596 Owl Creek Boat Ramp to provide full
26 funding for the improvement and development of the boat ramp
27 parking.
28 This ordinance shall be effective on the date of its adoption.
29 Adopted by Council of the City of Virginia Beach, Virginia on
30 the 22nd day of September -, 1992.
31 APPROVED AS TO CONTENT:
32
33 Walter C. Kraemer, Jr.
34 Department of Management and Budget
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTOPMEY
- 29 -
item Iv-j, 1.
PUBL[C NG ITEM # 36071
Mayor Meyera E. Obemdorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSEAT
1.
(a) CITY ZONING ORDINANCE "END 14ND REORDAIN
re adult bookstores Section Ill re definition
Section 901 re Business Districts
Sectin 1511 re RT-2 Resort
Tourist District
Section 1521 re RT-3 Resort
Tourist District
(b) C17Y ZONING ORDINANCE "END AND REORDAIN
re eating and drinking establishments Section 901 re Business Districts
@n 1001 re I D@
Section 1511 re RT-3 Resort
Tourist District
Section 1520 re RT-3 Resort
Tourist District
PLANNING RECONSIDERATION
2.
(a) JOSEPH M. BOYD Condition No. 2 in the (12118190)
APPROVED application for a
Variance
PLANNING
3.
(a) R7LLL4MS HOLDING CORPORATION AND CONDITIONAL USE PERMIT
JOSEPH E. AND JACK P. BURROUGHS
September 22, 1992
- 30 -
Item IV-J.1.
PUBLIC HEARING ITEM # 36072
PL4AWING
77ie following spoke in SUPPORT of the Ordinances:
Alfonso J. Strazzullo, 3120 Sand Pine Road, Phone: 481-0024, represented himself
Evereu G. Johnesee, 3125 Basin Road, Phone: 496-0468 President -Lynnhaven Colony Civic League
Upon motion by Councibnan Jones, seconded by Trice Mayor Sessoms, City Council ADOPTED, AS
REVISED*:
Ordinances to "END and REORDAIN the City Zoning Ordinance re
aduk bookstores:
Section Ill re definition
Section 901 re use regulations in Business Districts
Section 1511 re use regulations in RT-2 Resort Tourist District
Section 1521 re use regulations in RT-3 Resort Tourist District
77te revised Section Ill describes as an adult bookstore those
establishments that devote 25% or more of floor space to the display of
adult materials or receive 25% or more of their gross income from the
sale of such materials.
On line 35 of Section 901, the number of feet shall be "500 " and this
number shall be inserted before the word 'feet" in the phrase '@..adult
bookytores shall be prohibited fi-om locating within '500 feet' of any
apar@nt or residential distiict, single or multiple-family dwelling,
church, park or school... "
On line 60 of Section 1511, the number of feet shall be "500 " and this
number shall be inserted before the word 'feet" in the phrase "...adult
bookstores shall be prohibited from locating within '500 feet' of any
apartinent or residential distric4 single or multiple-family dwelling,
church, park or school.. "
On line 225 of Section 1520 the number of feet shall be "500 " and this
number shall be inserted before the word 'feet" in the phrase "...adult
bookytores shall be prohibited from locating within '500 feet' of any
apartinent or residential district, single or multiple-family dwelling,
church, park or school..
September 22, 1992
- 31 -
item rv-ii.
PUBLIC HFARING ITEM # 36072 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clybur?4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
None
September 22, 1992
Requested by Councilmember Louis R. Jones
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE 1, SECTION Ill OF THE CITY
3 ZONING ORDINANCE PERTAINING TO THE
4 DEFINITION OF THE TERM ADULT
5 BOOKSTORE.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 111 of the City Zoning Ordinance is hereby
9 amended and reordained by adding thereto in appropriate
10 alphabetical sequence the definition for Adult Book Store to read
11 as follows:
12 Section 111. Definitions.
13 ...
14 Adult Book Store. An "adult book store" is: An establishment
15 that either (A) has twenty-five percent (25%) or more of its stock
16 for sale or rent on the premises, or has twenty-five percent (25%)
17 or more of its stock on disiplay either in plain view or in an
is enclosed or partitioned area, in books, magazines, periodicals,
19 drawings, sculptures, devices, paraphernalia, motion pictures,
20 films, video tapes or Photographs which are distinguished or
21 characterized by their emphasis on matter depicting, describing or
22 relating to "specified sexual activities" or "specified anatomical
23 areas" as defined herein; or (B) devotes twentv-five percent (25%)
24 or more of its display area or floor space, excluding aisles and
25 storage areas, to the sale or displav of such materials; or (C)
26 receives in any one (1) month period twenty-five percent (25%) or
27 more of its gross income from the sale or rental of such materials;
28 or (D) has on the premises one (1) or more mechanical or electronic
29 devices for viewing such materials.
30 (a) Specified Anatomical Areas:
31 (1) Less than completely and opaquely covered:
32 (i) human genitals, Pubic region, buttock; and
3 3 female breast below a 1point immediately above
34 the top of the areola.
35 (2) Human male genitals in a discernibly turgid state,
36 even if completely and oloaguely covered.
37 (b) Specified sexual activities.
38 (1) Human genitals in a stage of sexual stimulation or
39 arousal.
40 (2) Acts of human masturbation, sadomasochistic abuse,
41 sexual ipenetration with an inanimate obiect, sexual
42 intercourse or sodomy.
43 (3) Fondling or other erotic touching of human
44 genitals, pubic region, buttock or female breast.-
45 Adopted by the Council of the City of Virginia Beach, Virginia
46 on the 22 day of September 1992.
47 CA-4731
48 \ORDIN\PROPOSED\45-0111.PRO
49 R-6
2
Requested by Councilmember Louis R. Jones
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE 9, SECTION 901(a) OF THE
3 CITY ZONING ORDINANCE PERTAINING TO
4 USE REGULATIONS OF RETAIL
5 ESTABLISHMENTS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 901(a) of the city Zoning Ordinance is hereby
9 amended and reordained to read as follows:
10 Section 901. Use regulations.
11 (a) Principal and conditional uses. The following chart
12 lists those uses permitted within the B-1 through B-4 Business
13 Districts. Those uses and structures in the respective business
14 districts shall be permitted as either principal uses indicated by
15 a "Pit r as conditional uses indicated by a ',C." Uses and
16 structures indicated by an "XII shall be prohibited in the
17 respective districts. No uses or structures other than as
18 specified shall be permitted.
19 Use B-1 B-lA B-2 B-3 B-4
20 ...
21 Retail establishments, other than
22 those listed separately, including
23 the incidental manufacturing of
24 goods for sale only at retail on the
25 premises; retail sales and display
26 rooms and lots, provided that yards
27 for storage of new or used building
28 materials or yards for any scrap or
29 salvage operations or for storage or
30 display of any scrap, salvage or
31 secondhand building materials or
32 automobile parts shall not be
33 allowed, further iprovided that adult
34 bookstores shall be Prohibited from
35 locatincr within 500 feet of any
26 rooms and lots, provided that yards
27 for storage of new or used building
28 materials or yatds for any scrap or
2 9 salvage operations or for storage or
30 display of any scrap, salvage or
31 secondhand building materials or
32 automobile parts shall not be
33 allowed, further provided that adult
34 bookstores shall be prohibited from
35 locating within 500 feet of anV
36 apartment or residential district,
37 single or multiple-familv dwelling,
38 church, park or school x p p p p
39 ...
40 Adopted by the Council of the City of Virginia Beach, Virqinia
41 on the 22 day of September 1992.
42 CA-4730
43 \ORDIN\PROPOSED\45-0901A.PRO
44 R-3
2
Requested by Councilmember Louis Jones
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 1511 and 1521 OF THE CITY
3 ZONING ORDINANCE PERTAINING TO USE
4 REGULATIONS.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Sections 1511 and 1521 of the City Zoning Ordinance are
8 hereby amended and reordained to read as follows:
9 B. RT-2 RESORT TOURIST DISTRICT
10 ...
11 Section 1511. Use Regulations.
12 (a) Principal uses and structures: For parcels less than
13 fourteen thousand (14,000) square feet in size, any one of the
14 following is allowed:
15 (1) Auditoriums and assembly halls;
16 (2) Boat sales;
17 (3) Business studios, offices, clinics and medical
18 laboratories;
19 (4) Bicycle rental establishments;
20 (5) Child care and child care education centers;
21 (6) Commercial parking lots, parking garages and
22 storage garages;
23 (7) Commercial recreation facilities other than those
24 of an outdoor nature;
25 (8) Eating and drinking establishments, except as
26 specified in subsection (c)(6);
27 (9) Financial institutions;
28 (10) Funeral homes;
29 (11) Museums and art galleries;
30 (12) Off-site parking facilities, provided the
31 provisions of section 1505 are met;
32 (13) Personal service establishments, including barber
33 and beauty shops, shoe repair shops, cleaning,
3 4 dyeing, laundry, pressing, dressmaking, tailoring
35 and garment repair shops with processing on the
36 premises;
37 (14) Private clubs, lodges, social centers, eleemosynary
38 establishments and athletic clubs;
39 (15) Public buildings and grounds;
40 (16) Public utilities installations and substations
41 including offices; provided storage or maintenance
42 facilities shall not be permitted; and provided,
43 further, that utilities substations, other than
44 individual transformers, shall be surrounded by a
45 wall, solid except for entrances and exits, or by a
46 fence with a screening hedge five (5) to six (6)
47 feet in height; and provided also, transformer
48 vaults for underground utilities and the like shall
49 require only a landscaped screening hedge, solid
50 except for access opening;
51 (17) Retail establishments, including the incidental
52 manufacturing of goods for sale only at retail on
53 the premises; retail sales and display rooms and
54 lots, provided that yards for storage of new or
55 used building materials or yards for any scrap or
56 salvage operations or for storage or display of any
57 scrap, salvage or secondhand building materials or
58 automobile parts shall not be allowed, further
59 Provided that adult bookstores shall be prohibited
60 from locating within 500 feet of any adartment or
61 residential district, single or multiple-family
62 dwelling, church, park or school.
63 For parcels greater than fourteen thousand (14,000) square feet,
64 any one of the following additional uses is allowed:
65 (18) Multifamily dwellings;
66 (19) Motels and hotels which may have in conjunction
67 with them any combination of restaurants, retail
68 commercial use and convention facilities, provided
2
69 that uses in conjunction with hotels and motels may
70 not occupy more than ten (10) percent of the floor
71 area of all structures (excluding parking) located
72 on the lot.
73 For parcels greater than forty thousand (40,000) square feet, any
74 of the above permitted uses may be used in combination on the same
75 zoning lot with other permitted uses.
76 (b) Accessory uses and structures: Uses and structures which
77 are customarily accessory and clearly incidental and subordinate to
78 the principal uses and structures:
79 (1) An accessory activity operated for profit in a
80 residential dwelling unit where there is no change
81 in the outside appearance of the building or
82 premises or any visible or audible evidence
83 detectable from outside the building lot, either
84 permanently or intermittently, of the conduct of
85 such business except for one (1) nonilluminated
86 identification sign not more than one (1) square
87 foot in area mounted flat against the residence;
88 where no traffic is generated, including traffic by
89 commercial delivery vehicles, by such activity in
90 greater volumes than would nornally be expected in
91 the neighborhood, and any need for parking
92 generated by the conduct of such activity is met
93 off the street and other than in a required front
94 yard; where the activity is conducted on the
95 premises which is the bona fide residence of the
96 principal practitioner, and no person other than
97 member s of the immediate family occupying such
98 dwelling is employed in the activity; where such
99 activity is conducted only in the principal
100 structure on the lot; where there are no sales to
101 the general public of products or merchandise from
102 the home;a nd where the activity is specifically
103 designed or conducted to permit no more than one
3
104 (1) patron, customer, or pupil to be present on the
105 premises at any one time. The following are
106 specifically prohibited as accessory activities:
107 Convalescent or nursing homes, tourist homes,
108 massage parlors, radio or television repair shops,
109 auto repair shops, or similar establishments.
110 (c) Conditional uses an structures: Uses and structures
ill hereinafter specified, subject to compliance with the provisions of
112 part C of article 2 hereof:
113 (1) Automobile and small engine repair establishments,
114 provided that all repair work shall be performed
115 within a building;
116 (2) Automobile service stations; provided that, where
117 there is an adjoining residential or apartment
118 district without an intervening street, alley or
119 permanent open space over twenty-five (25) feet in
12 0 width and where lots separated by a district
121 boundary have adjacent front yards, a six-foot
122 solid fence shall separate the automobile service
123 station use from the adjacent residential district
124 and no ground sign shall be within fifty (50) feet
125 of the residential or apartment district;
126 (3) Car wash facilities, provided that:
127 (i) No water produced by activities on the zoning
128 lot shall be permitted to fall upon or drain
12 9 across public streets or sidewalks or adjacent
130 properties;
131 (ii) A minimum of three (3) off-street parking
132 spaces for automobiles shall be provided for
133 each car has space within the facility;
134 (4) Churches;
135 (5) Dormitories for marine pilots;
1 3 6 (6) Eating and drinking establishments which serve
137 alcoholic beverages for on-premises consumption and
138 which are located within five huhdred (500) feet of
4
13 9 a residential or apartment district or have on-site
14 0 parking within three hundred (300) feet of a
141 residential or apartment district;
142 (7) Heliports and helistops;
143 (8) Homes for the aged, disabled or handicapped,
144 including convalescent or nursing homes; maternity
145 homes; child care centers, other than those covered
146 under permitted principal uses and structures
147 hereinabove, when not operated by a public agency;
148 (9) Home occupations;
149 (10) Hospitals and sanitariums;
150 (11) Marinas, including facilities for storage and
151 repair of boats and sale of boating supplies and
152 fuel;
153 (12) Mini-warehouses, provided that the yard shall be
154 completely enclosed except for necessary openings
155 for ingress and egress by a fence or wall not less
156 than six (6) feet in height;
157 (13) Motor vehicle sales and rental, provided the
158 minimum lot size is twenty thousand (20,000) square
159 feet;
160 (14) Passenger transportation terminals;
161 (15) Public utility storage or maintenance
162 installations;
163 (16) Radio and television broadcasting stations and
164 line-of-sight relay devices;
165 (17) Recreations and amusement facilities of an outdoor
166 nature, which may be partially or temporarily
167 enclosed on a seasonal basis with approval of city
168 council, provided that, in the development of such
169 properties, safeguards are provided to preserve and
170 protect the existing character of adjacent
171 properties, except that riding academies and
172 recreational campgrounds shall not be allowed as a
173 conditional use or otherwise.
5
174 C. RT-3 RESORT TOURIST DISTRICT
175 ...
176 Section 1521. Use regulations.
177 (a) Principal uses and structures: For parcels less than
178 twenty thousand (20,000) square feet in size, any one (1) of the
179 following is allowed:
180 (1) Auditoriums and asseinbly halls;
181 (2) Boat sales;
18 2 (3) Business studios, offices, clinics and medical
183 laboratories;
184 (4) Bicycle rental establishments;
185 (5) Child care and child care education centers;
186 (6) Commercial parking lots, parking garages and
187 storage garages;
188 (7) Commercial recreation facilities other than those
189 of an outdoor nature;
190 (8) Eating and drinking establishments, except as
191 specified in subsection (c)(6);
192 (9) Financial institutions;
193 (10) Funeral homes;
194 (11) Museums and art galleries;
195 (12) off-site parking facilities, provided the
196 provisions of section 1505 are met;
197 (13) Personal service establishments, including barber
198 and beauty shops, shoe repair shops, cleaning,
199 dyeing, laundry, pressing, dressmaking, tailoring
2 00 and garment repair shops with processing on the
201 premises;
2 02 (14) Private clubs, lodges, social centers, eleemosynary
203 establishments and athletic clubs;
204 (15) Public buildings and grounds;
205 (16) Public utilities installations and substations
206 including offices; provided storage or maintenance
2 07 facilities shall not be permitted; and provided,
2 08 further, that utilities substations, other than
6
209 individual transformers, shall be surrounded by a
210 wall, solid except for entrances and exits, or by a
211 fence with a screening hedge five (5) to six (6)
212 feet in height; and provided also, transformer
213 vaults for underground utilities and the like shall
214 require only a landscaped screening hedge, solid
215 except for access opening;
216 (17) Retail establishments, including the incidental
217 manufacturing of goods for sale only at retail on
218 the premises; retail sales and display rooms and
2 19 lots, provided that yards for storage of new or
2 2 0 used building materials or yards for any scrap or
2 2 1 salvage operations or for storage or display of any
222 scrap, salvage or secondhand building materials or
22 3 automobile parts shall not be allowed, further
224 Provided that adult bookstores shall be prohibited
22 5 from locating within 500 feet of any apartment or
22 6 residential district, single or multilple-family
227 dwelling, church, loark or school.
228 For parcels greater than twenty thousand (20,000) square feet, any
2 29 of the following additional uses are allowed and may be used in
230 combination with any of the permitted uses listed above:
2 3 1 (18) Multifamily dwellings when developed in conjunction
2 3 2 on the same parcel with other allowed uses where
2 3 3 the floor area of the multifamily dwellings does
234 not exceed seventy (70) percent of the total floor
235 area of the entire project;
2 3 6 (19) Motels and hotels which may have in conjunction
2 37 with the many combination of restaurants, retail
238 commercial use and convention facilities, provided
23 9 that uses in conjunction with hotels and motels may
240 not occupy more than ten (10) percent of the floor
241 area of all structures (excluding parking) located
242 on the lot.
7
243 (b) Accessory uses and structures: Uses and structures which
2 44 are customarily accessory and clearly incidental and subordinate to
245 the principal uses and structures:
24 6 (1) An accessory activity operated for profit in a
247 residential dwelling unit where there is no change
2 48 in the outside appearance of the building or
249 premises or any visible or audible evidence
250 detectable from outside the building lot, either
2 5 1 permanently or intermittently, of the conduct of
2 52 such business except for one (1) nonilluminated
2 53 identification sign not more than one (1) square
2 54 foot in area mounted flat against the residence;
255 where no traffic is generated, including traffic by
2 56 commercial delivery vehicles, by such activity in
257 greater volumes than would normally be expected in
258 the neighborhood, and any need for parking
259 generated by the conduct of such activity is met
260 off the street and other than in a required front
261 yard; where the activity is conducted on the
262 premises which is the bona fide residence of the
263 principal practitioner, and no person other than
264 members of the inmediate family occupying such
265 dwelling unit is employed in the activity; where
266 such activity is conducted only in the principal
267 structure on the lot; where there are no sales to
268 the general public of products or merchandise from
2 6 9 the home; and where there are no sales to the
270 general public of products or merchandise from the
271 home; and where the activity is specifically
272 designed or conducted to pernit no more than one
2 7 3 (1) patron, customer, or pupil to be present on the
274 premises at any one time. The following are
275 specifically prohibited as accessory activities:
276 Convalescent or nursing homes, tourist homes,
8
277 massage parlors, radio or television repair shops,
278 auto repair shops, or similar establishments.
279 (c) Conditional uses an structures: Uses and structures
28 0 hereinafter specified, subject to compliance with the provisions of
281 part C of article 2 hereof:
282 (1) Automobile and small engine repair establishments,
283 provided that all repair work shall be performed
284 within a building;
285 (2) Automobile service stations; provided that, where
286 there is an adjoining residential or apartment
287 district without an intervening street, alley or
288 permanent open space over twenty-five (25) feet in
289 width and where lots separated by a district
290 boundary have adjacent front yards, a six-foot
291 solid fence shall separate the automobile service
292 station use from the adjacent residential district
293 and no ground sign shall be within fifty (50) feet
294 of the residential or apartment district;
295 (3) Car wash facilities, provided that:
296 (i) No water produced by activities on the zoning
297 lot shall be permitted to fall upon or drain
2 98 across public streets or sidewalks or adjacent
299 properties;
3 00 (ii) A minimum of three (3) off-street parking
3 0 1 spaces for automobiles shall be provided for
302 each car has space within the facility;
303 (4) Churches;
304 (5) Dormitories for marine pilots;
3 05 (6) Eating and drinking establishments which serve
3 06 alcoholic beverages for on-premises consumption and
3 07 which are located within five hundred (500) feet of
3 08 a residential or apartment district or have on-site
3 09 parking within three hundred (300) feet of a
310 residential or apartment district;
311 (7) Heliports and helistops;
9
3 12 (8) Homes of the aged, disabled or handicapped,
313 including convalescent or nursing homes; maternity
3 14 homes; child care centers, other than those covered
315 under permitted principal uses and structures
316 hereinabove, when not operated by a public agency;
317 (9) Home occupations;
318 (10) Hospitals and sanitariums;
319 (11) Marinas, including facilities for storage and
3 2 0 repair of boats and sale of boating supplies and
321 fuel;
32 2 (12) mini-warehouses, provided that the yard shall be
3 2 3 completely enclosed except for necessary openings
324 for ingress and egress by a fence or wall not less
325 than six (6) feet in height;
326 (13) Motor vehicle sales and rental, provided the
327 minimum lot size is twenty thousand (20,000) square
328 feet;
329 (14) Passenger transportation terminals;
330 (15) Public utility storage or maintenance
331 installations;
3 3 2 (16) Radio and television broadcasting stations and
333 line-of-sight relay devices;
334 (17) Recreations and amusement facilities of an outdoor
335 nature, which may be partially or temporarily
336 enclosed on a seasonal basis with approval of city
337 council, provided that, in the development of such
338 properties, safeguards are provided to preserve and
339 protect the existing character of adjacent
3 4 0 properties, except that riding academies and
341 recreational campgrounds shall not be allowed as a
342 conditional use or otherwise.
3 4 3 Adopted by the Council of the City of Virginia Beach, Virginia
344 on the 22 day of September 1992.
345 CA-4775
346 \ORDIN\PROPOSED\45-1511ET.PRO
347 R-2
10
- 32 -
item IV-J.2
PUBLIC HFAWNG ITEM # 36073
PLANNING
Up- -tion by Vice Mayor Sessotm, seconded by Councilman Brancl; City Council ADOPTED, AS
REVISED*:
Ordinances to "END and REORDAIN the City Zoning Oranance re
-e regulations for eating and drinking establishments:
Section 901 re Business Districts
Section 1001 re Industrkd Districts
Section 1511 re RT-2 Resort Tourist District
Section 1521 re RT-3 Resort Tourist District
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dea?4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, MaYor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessotm, Jr.
Council Members Voting Nay:
Non e
Council Members Absent.-
None
September 22, 1992
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 901 OF THE CITY ZONING ORDINANCE
PERTAINING TO EATING AND DRINKING ESTABLISHMENTS
IN THE B-1 THROUGH B-4 BUSINESS DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 901 of the City Zoning Ordinance be amended and
reordained in part to read as followe:
Sec. 901. Use Regulations.
(a) Principal and conditional uses.
The following chart lists those uses permitted within the B-1
through B-4 Business Districts. Those UBes and structures in the
resl>ective business dibtricto shall be permitted as either principal uses
indicted by a P or as conditional uses indicated by a C. Uses and
structures indicated by an X shall be prohibited in the respective
diBtriCtB. No useb or Btructures other than as specified shall be
permitted.
Use B-1 B-lA B-2 B-3 B-4
Animal hospitals, pounds, shelters,
conunercial kennels, provided that all
animals shall be kept in soundproofed
air conditioned buildings p p p p p
Attached dwellings x x x x p
AuditoriUMB, assembly halls and union halls x c p p p
-------------------------------------------------------------------------------
Autobile repair garages and small engine repair
establishments, provided that all repair
work shall be performed within a
building x x c x c
Automobile repair establishments dealing
exclusively in minor repairs of the
type provided at automobile service
stations x x c c c
Automobile service stations; provided
that, where there is an adjoining
residential or apartment district
without an intervening Btreet, alley
or permanent open space over twenty-
five (25) feet in width and where lots
separated by a district boundary have
adjacent front yards, Caegory VI
screening Bhall separate the automobile
service station use fromthe adjacent
residential distric and no ground sign
shall be withi fifty (50) feet of the
residenti or apartment district x x c c c
-------------------------------------------------------------------------------
Bakeries, confectioneries and delicatessens,
provided that products prepared or
processed on the premises shall be
sold only at retail and only on the
premises p p p p p
Bicycle and moped rental establishments x x x x c
Bingo Halls x x c x c
Boat sales x x p x p
Borrow pits x x c x x
Bulk storage yards and building contractors'
yards; provided that no sale or
processing of scrap, salvage, or
secondhand material shall be permitted
in such yards; and, provided further
that such storage yards shall be
completely @nclosed except for
necessary opening for ingreBB and
egress by a fence or wall not less
than six (6) feet in height x x c x x
Business and vocational schools which do
not involve the operation of woodwork
shOPB, machine shops or other similar
facilities x p p p p
Business studios, offices, and cliniCB p p p p p
Car wabh facilities, provided that: (i)
no water produced by activities on
the zoning lot shall be permitted to
fall upon or drain across public
streets or sidewalks or adjacent
properties; (ii) a minimum of three
(3) off-atreet parking spaces for
automobileB shall be provided for
each car wash Bpace within the facility. x x c c c
Child care and child care education centers c c p p p
Churches x c c c c
-------------------------------------------------------------------------------
Commercial parking lots, parking garages
and storage garages x x p p p
co=nercial recreation facilities other
than those of an outdoor nature x x c c p
Dormitories for marine pilots x x x x c
-------------------------------------------------------------------------------
Drugstores, beauty shops and barbershops p p p p p
Eating and drinking establishments with x x p p p
drive-through windows, except as specified
below
Eating and drinking establishments without
drive-through windows, except as specified p p p p p
below
Bating and de!njfiag establishfftente ithieh BerVe
aleehelle beveeages f@n preffilsee een
sumptien and whieh are leeate
hundred (599) feet eE a residential er
apavtffient diotriet er have en-site par-iii:ng
%pithin theee hundred (200) fe
dent!&! er apartment distriet G 9
Eating and drinking establi 1 four
of the following occur:
1. alcoholic beveracres are served;
2. the establishment is located within
5uu teet of a part-
ment district,
the establishment oderates at any time
between 12:00 midnight and 2:00 a.m.
4. the establishment excludes minors (i)ersons
under 18 years of aael durina any part of
the day, or prov nt, audible
from adloining Prolperty. x x c c c
Financial institutions p p p p p
Florists, gift shops and stationery stores p p p p p
Funeral homes x p p p p
-------------------------------------------------------------------------------
Furniture repair and upholstering, repair
services for radio and television and
household appliances other than
those with gasoline engines; service
and repair services for business
machines; carpet and linoleum laying;
tile setting, sign shops and other
small service bUBineSBeS x p p p p
Greenhouses and plant nurseries x p p x p
Grocery stores, carry-out food BtOres and
convenience stores all being both free-
standing and in a Btructure with a gross
floor area of less than five-thousand
(5,000) square feet c c p p p
-------------------------------------------------------------------------------
Grocery stores, carry-out food stores and
convenience stores whether or not free-
standing, but in a structure with a gross
floor area of not less than five-thousand
(5,000) Bquare feet x x p
Grocery stores, carry-out food stores and
convenience storeb any of which are not
freestanding but are in a structure with
a gross floor area of leBS than five-thousand
(5,000) square feet p p p p p
Heliports and helistops x x c c c
-------------------------------------------------------------------------------
Home occupations x x x x c
Homes for the aged, disabled or handicapped,
including convalescent or nursing
homes; maternity homes; child care
centers, other than those covered
under permitted principal uses and
structures hereinabove, when not
operated by a public agency, provided that
the maximum density for homes for the aged
shall be sixty (60) dwelling units per acre
and the maximum height Bhall not exceed
one-hundred and sixty five (165) feet, provided
however, that the allowed excess height shall
not exceed twice the distance to the nearest
lot line from the structure with the excess
height, notwithstanding the above, no structure
shall exceed the height limit established by
Sec. 202(b) regarding air navigation. x x x x c
Hospitals and sanitariums x x c c c
-------------------------------------------------------------------------------
Hotel and motels x x x p p
Hotel and motels with increased lodging
unit denbity and height, provided that
the maximum density Bhall be one-hundred
and twenty (120) lodging unitb per acre,
the minimum lot area shall be one (1) acre
and the maximum height Bhall be one-hundred
(100) feet, notwithstanding the above, no
structure shall exceed the height limit
established by Sec. 202(b) regarding air
navigation. x x x x c
Laboratories and establishments for the
production and repair of eye glasses,
hearing aide and prosthetic deviceb x x p p
Laundry and dry cleaning agencies p p p p p
Liquor stores, package only p p p p p
-------------------------------------------------------------------------------
Marinas, commercial x x c c c
Medical and dental offices p p p p p
Medical laboratories x x p p p
-------------------------------------------------------------------------------
Mini-warehOUBes x c c c c
Mobile home sales x x c x x
Motor vehicle sales and rental, provided
the minimum lot size is twenty
thousand (20,000) square feet x x c c c
-------------------------------------------------------------------------------
Multiple-family dwellings x x x x p
Museums and art galleries c p p p p
Newspaper printing and publishing, job
and commercial printing x p p p p
-------------------------------------------------------------------------------
Off-site parking facilitieb in connection
with hotels and motels located
within the RT-1 ReBort Tourist
District may be permitted on zoning
lots within the B-4 Resort Commercial
District where the required off-street
parking cannot be provided on the
lot with the principal building or
use provided: (a) Structures for parking
facilities shall conform to the
regulationB of the district in which
located. (b) A written agreement
assuring continued availability of
the number of spaces indicated shall
be drawn and executed, and a certified
copy of such agreement shall be
recorded with the Clerk of the
Court. Such agreement shall stipulate
that, if such space iB not maintained
or space acceptable to the planning
director substituted, the use or
such portion of the use as is deficient
in number of parking spaces shall be
discontinued. The agreement shall
be subject to the approval of the
city attorney. x x x x p
Passenger transportation terminals x x c c c
-------------------------------------------------------------------------------
Personal service establishments, other than
those listed separately x p p p p
-------------------------------------------------------------------------------
Private clubs, lodgeb, social centers,
eleemosynary establishments and athletic
clubs p p p p p
Public buildings and grounds p p p p p
Public utilities inbtallations and
substations provided storage or
maintenance facilities shall not be
permitted; and provided, further, that
utilities substations, other than
individual tranbformers, shall be surrounded
by Category VI screening, solid except for
entrances and exits; and provided also,
transformer vaults for underground utilities
and the like shall require only Category I
screening, solid except for access opening.
p p p p p
-------------------------------------------------------------------------------
Public utilities offices x x p p p
Public utility storage or maintenance
installations x x c c c
Radio and television broadcasting stations
and line-of-sight relay deviceb x c c c c
-------------------------------------------------------------------------------
Recreational and amusement facilities of
an outdoor nature, which may be
partially or temporarily enclOBed on
a seasonal basis with approval of
city council, provided that, in the
development of such properties,
safeguards are provided to preserve
and protect the existing character
of adjacent properties, except that
riding academies and recreational
campgrounds shall not be allowed as
a conditional use or otherwise. x c c c c
Repair and sales for radio and television
and other household appliances, except
where such establishments exceed two
thousand five hundred (2,500) square
feet of floor area p p p p p
Retail establishmentb, other than those
listed separately, including the
incidental manufacturing of goods
for sale only at retail on the
premises; retail sales and dibplay rooms
and lots, provided that yards for
Btorage of new or used building
materials or yards for any scrap or
salvage operations or for storage or
display of any scrap, salvage or
secondhand building materials or
automobile parts shall not be allowed x p p p p
-------------------------------------------------------------------------------
Veterinary establishments and commercial
kennels, provided that all animals
shall be kept in Bound-proofed, air-
conditioned buildings p p p p p
Wholesaling and distribution operations,
provided that BUch operations do not
involve the use of: (i) more than two
thousand (2,000) square feet of
floor area for storage of wares to
be sold at wholesale or to be
distributed, or (ii) any vehicle
rated at more than one and one-half
(1/2) ton capacity or (iii) a total
of more than five (5) delivery
vehicles. x x p c x
(b) AcceBsory uses and structures: Uses and structures which are customarily accessory
and clearly incidental and subordinate to the principal uses and structures, including, but not
limited to:
(1) An accessory activity operated for profit in a residential dwelling unit where there
is no changed in the outside appearance of the building or premises or any visible
or audible evidence detectable from outside the building lot, either permanently or
intermittently, of the conduct of such business except for one non-illuminated
identification sign not more than one square foot in area mounted flat against the
residence; where no traffic is generated, including traffic by commercial delivery
vehicles, by such activity in greater volumes than would normally be expected in the
neighborhood, and any need for parking generated by the conduct of such activity is
met off the street and other than in a required front yard; where the activity is
conducted on the premiseb which is the bona fide rebidence of the principal
practitioner, and no person other than members of the immediate family occupying such
dwelling unit is employed in the activity; where Buch activity is conducted only in
the principle structure on the lot; where there are no sales to the general public
of products or merchandise from the home; and where the activity is specifically
designed or conducted to permit no more than one patron, customer, or pupil to be
present on the premises at any one time. The following are specifically prohibited
as accessory activities: Convalescent or nurbing homes, tourist homes, massage
parlorB, radio or television repair shops, auto repair shops, or similar
establiBhments.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 22 day of September 1992.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 1001 OF THE CITY ZONING ORDINANCE
PERTAINING TO EATING AND DRINKING ESTABLISHMENTS
IN THE INDUSTRIAL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 1001 of the City Zoning Ordinance be amended and
reordained in part to read as follows:
Sec. 1001. Use regulations.
(a) Principal and conditional useb.
The following chart lists those uses I>ermitted within the I-1 and I-
2 Industrial DistrictB. Those uses and structures in the respective
industrial districts shall be permitted as either principal uses indicted
by a P or as conditional UBES indicated by a C. Uses and structures
indicated by an X shall be prohibited in the respective districts. No
uses or structures other than aB specified shall be permitted.
Use 1-1 I-2
Airports, helipOrtB and helistops; p p
Automobile BerVice stations, provided that
where there is an adjoining residential or
apartment district without an intervening
street, alley or permanent open space over
twenty-five (25) feet in width and where
lOtS Beparated by the district boundary have
adjacent front yardb, a six (6) foot solid
fence with Category VI screening
shall separate the automobile service
station use from the adjacent residential
district and no ground sign shall be within
fifty (50) feet of the residential or
apartment dibtrict; c c
Automotive rental, parts and supply stores;
provided that no outaide storage is included
(excluding operative equipment); p p
--------------------------------------------------------------------
Automotive repair garages; c p
Automobile service establishments dealing
exclusively in Bervice and minor repairs
of the type provided at automobile service
Btations; p p
Bingo Halls c c
Borrow pits; c c
Bulk storage yards and building contractor's
yards; provided that no sale or proceBBing
of scrap, salvage, or secondhand material
shall be permitted in such yards; and,
provided further that additional requirements
as listed in Section 228 are met. c p
--------------------------------------------------------------------
Business, medical, financial, nonprofit,
professional and similar office buildings; p p
Car wash facilities, provided that: (i) No
water produced by activities on the
zoning lot shall be permitted to fall
I
upon or drain across public streets or
sidewalks or adjacent properties; (ii) A
minimum of three (3) off-street parking
spaces for automobiles shall be provided
for each car wash space within the facility. c x
Collection depots for recyclable materials; c x
--------------------------------------------------------------------
Eating and drinking establishments, except as p p
specified below
Hating and drin!Eing establishments sohieh sel-ve
h-vel-ages SSeE en
Bumptien and qph.,.h ,, I,,,
@ted ioi:thi:" 699
feet ef a residential er apartment distrie4&
ev have en si:45e par!Ei:ng ioi#!hi:n 399 Lleet ef
eN apaNtFReat diste!ett c 9
Eatina and drinking establishments where all four
of the following occur:
1. alcoholic beverages are served;
h@e establibhment iB located within
500 feet of a residential or apartment
district;
3. the establishment operates at any time
between 12:00 midnight and 2:00 a.m ,
4. the establishment excludes minorb (persons
nder 18 yearb of age) during any part of
the day, or i)rovides entertainment audible
from adioining t>rot)erty. c c
EstabliBhments such aB linen BUppliers, freight
movers, communication services and canteen
services; p p
Establishments which deliver merchandise in
bulk by truck or van; p p
--------------------------------------------------------------------
Explosives manufacturing, storage and
distribution; x c
Facilities for construction, maintenance and
repair of vessels; x p
Firewood Preparation Facility c c
Heavy equipment sales and service; p p
--------------------------------------------------------------------
Hotels and motels; provided the following
conditions are met: (i) Frontage shall be
on a major or secondary street or highway;
(ii) The minimum lot size shall be forty
thousand (40,000) square feet and a
minimum lot width of one hundred fifty
(150) feet: (iii) DenBity regulations of
the H-1 Hotel District shall apply; (iv)
Accessory uses Bhall be limited to eating
and drinking establibhments, gift shops
and travel agencies; (v) Parking requirements
of at least one space per one (1) lodging
unit shall be provided in addition to
the requirements for an acCeSBory use;
(vi) Front yards shall have a minimum
depth of thirty (30) feet and,
except for neceBBary driveways, shall be
maintained in landscaping and shall not
be UBed for parking; (vii) Signs shall
conform to the sign requirements applicable
within H-1 Hotel District regulations. c x
Manufacturing, procesbing, extracting, packaging
or fabricating establishments; provided
that the following uses shall not be allowed:
I
(i) Explosive manufacturing, storage
and distribution; (ii) Petroleum procebeing;
(iii) Processing or outside storage of
salvage, scrap or junk; p p
Military installations; x p
--------------------------------------------------------------------
Mobile home sales; c x
Motion picture studios; p p
Petroleum processing; x c
--------------------------------------------------------------------
Piers wharves and docks; x p
Printing, lithographi6 or publishing
eBtablishments; p p
Public buildings and groundb; p p
--------------------------------------------------------------------
Public schools, colleges and universities, and
private schools, colleges and universitieb
having similar academic curriculums; c x
Public utilities installations and substations
including offices; provided storage or
maintenance facilities shall not be
permitted; and provided, further, that
utilities substations, other than individual
transformers, shall be surrounded by Category
VI screening, solid except for entrances and
exits and provided also, transformer vaults for
underground utilities and the like shall
require only category I screening, solid except
for access opening; p p
Public utility transformer stations and major
transmission lines and towers (fifty
thousand (50,000) volts or more); c c
--------------------------------------------------------------------
Radio or television transmission and relay
stationB; c c
Recreational facilities of an outdoor nature,
which may be partially or temporarily
enclosed on a seasonal basib with approval
of city council, except that riding academies
and recreational campgrounds shall not be
allowed as a conditional use or otherwise; c x
Recreational facilitieb other than those of an
outdoor nature p p
Repair establishments; provided that no outside
storage is included (excluding mobile
operative equipment); p p
Ship supply establishments and facilities; x p
Storage or processing of salvage, scrap or junk x c
--------------------------------------------------------------------
Terminals for freight or passengers arriving
or departing by ship; x p
Vocational, technical, industrial and trade
schools. p p
Wholesale and retail establishmentb dealing
primarily in bulk materials delivered by
ship, or by ship and railroad or ship and
truck in combination. x p
--------------------------------------------------------------------
Wholesaling, warehousing, storage or distribution
establiBhments; p p
(b) Accessory useb and structures: UBes and structureb which are
customarily accessory and clearly incidental and subordinate to principal
uses and structures, including, but not limited to, retail establishments,
dwelling or lodging units for occupancy by owners, guards or caretakers;
provided that such dwelling or lodging units shall be located ab,v, 0,
behind principal uses in such a way that they do not interrupt conunercial
or industrial frontage.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 22 -day of September 1992.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 1511 OF THE CITY ZONING ORDINANCE
PERTAINING TO EATING AND DRINKING ESTABLISHMENTS
IN THE RT-2 RESORT TOURIST DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 1511 of the City Zoning Ordinance be amended and
reordained in part to read as follows:
Sec. 1511. Use regulations.
(a) Principal Uses and structures:
For parcels less than 14,000 square feet in size, any one of the
following is allowed:
(1) AuditoriUMB and assembly halls;
(2) Boat sales;
(3) Business studiOB, Offices, clinics and medical laboratories;
(4) Bicycle rental establishments;
(5) Child care and child care education centers;
(6) Commercial parking lots, parking garages and storage garages;
(7) Commercial recreation facilities other than those of an
outdoor nature;
(8) Eating and drinking ebtablishments, except as specified in
subsection (c)(6);
(9) Financial inbtitutions;
(10) Funeral homes;
(11) MuseuMB and art galleries;
(12) Off-site parking facilitieb, provided the provisions of
section 1505 are met;
(13) Personal service establishments, including barber and beauty
shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
dressmaking, tailoring and garment repair SHOPB with
proceSBing on the premises;
(14) Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
(15) Public buildings and grounds;
(16) Public utilities installations and substations including
offices; provided storage or maintenance facilities shall not
be permitted, and provided, further, that utilities
substations, other than individual transformers, shall be
surrounded by a wall, solid except for entrances and exits, or
by a fence with a screening hedge five (5) to six (6) feet in
I
height; and provided alBO, transformer vaults for underground
utilities and the like shall require only a landscaped
screening hedge, solid except for access opening;
(17) Retail establishments, including the incidental manufacturing
of goods for sale only at retail on the premises; retail sales
and display rooms and lots, provided that yards for storage of
new or UBed building materialb or yards for any scrap or
salvage operations or for storage or dibplay of any scrap,
salvage or secondhand building materials or automobile parts
shall not be allowed;
For parcels greater than 14,000 Bquare feet, any one of the following
additional uses is allowed:
(18) Multi-family dwellings;
(19) Motels and Hotels which may have in conjunction with them any
combination of restaurants, retail commercial use and
convention facilities, provided that uses in conjunction with
hotels and motels may not occupy more than 10% of the floor
area of all structures (excluding parking) located on the lot.
For parcels greater than 40,000 square feet, any of the above permitted
UBes may be used in combination on the same zoning lot with other
permitted uses.
(b) Accessory uses and structures: Uses and Btructures which are
customarily accessory and clearly incidental and subordinate to the
principal uses and structures:
(1) An accessory activity operated for profit in a residential
dwelling unit where there is no changed in the outaide
appearance of the building or premiseb or any visible or
audible evidence detectable from outside the building lot,
either permanently or intermittently, of the conduct of such
business except for one non-illuminated identification sign
not more than one square foot in area mounted flat against the
residence; where no traffic is generated, including traffic by
commercial delivery vehicles, by such activity in greater
volumeB than would normally be expected in the neighborhood,
and any need for parking generated by the conduct of such
activity is met off the street and other than in a required
front yard; where the activity is conducted on the premises
which is the bona fide residence of the principal
practitioner, and no person other than members of the
immediate family occupying such dwelling unit is employed in
the activity; where such activity is conducted only in the
principle structure on the lot; where there are no sales to
the general public of products or merchandibe from the home;
and where the activity is specifically debigned or conducted
to permit no more than one patron, customer, or pupil to be
present on the premises at any one time. The following are
specifically prohibited as accessory activities: Convalescent
or nursing homes, tourist homes, massage parlors, radio or
television repair shops, auto repair shops, or similar
establishments.
(c) Conditional uses and structures: UseB and structures
hereinafter specified, subject to compliance with the provisions of part
C of article 2 hereof:
(1) Automobile and small engine repair establishments, provided
that all repair work shall be performed within a building;
(2) Automobile BerviCe Btations; provided that, where there is an
adjoining residential or apartment district without an
intervening street, alley or permanent open space over twenty-
five (25) feet in width and where lOtB separated by a district
boundary have adjacent front yards, a six (6) foot solid fence
shall separate the automobile Bervice Btation use from the
adjacent residential district and no ground sign shall be
within fifty (50) feet of the residential or apartment
district;
(3) Car wash facilities, provided that:
(i) no water produced by activities on the zoning lot shall
be permitted to fall upon or drain across public streets
or sidewalks or adjacent properties;
(ii) a minimum of three (3) off-street parking spaces for
automobileB shall be provided for each car wash space
within the facility.
(4) Churches;
(5) Dormitories for marine pilots;
(6) Hati:ng and dL-i:niti:ng establ:i:shments %ihieh ser%-e aleeheii:e
beverages fee en premises eensumpti:en and iohish are I:eealeeE-l
%tithi:n 500 fee- -6 or apart;ment
OR Bite par!Eing ioithin agO fe-t -f eL- apar-tme@
distrietp
(6) Eating and drinking establishments where all four of the
following occur:
(i) alcoholic beverageb are served;
the establishment is located within 500 feet of a
residential or apartment district;
(iii) the establishment OT)erates at any time between 12:00
midnight and 2:00 a.m.;
(iv) the establishment excludes minors (I)erBons under 18
years of age) during any Part of the day, or 1provides
entertainment, audible from adioining property.
(7) Heliports and helistops;
(8) Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child care
centers, other than those covered under permitted principal
uses and structures hereinabove, when not operated by a public
agency;
(9) Home occupations;
(10) Hospitals and sanitariums;
(11) Marinas, including facilities for storage and repair of boats
and sale of boating supplies and fuel;
(12) Mini-warehouses, provided that the yard shall be completely
enclosed except for necessary openings for ingress and egress
by a fence or wall not leBB than six (6) feet in height;
(13) Motor vehicle sales and rental, provided the minimum lot size
is twenty thousand (20,000) square feet;
(14) Passenger transportation terminalb;
I
(15) Public utility storage or maintenance installations;
(16) Radio and television broadcasting stations and line-of-sight
relay devices;
(17) Recreational and amusement facilities of an outdoor nature,
which may be partially or temporarily enclosed on a seasonal
basis with approval of city council, provided that, in the
development of such properties, Bafeguards are provided to
preserve and protect the existing character of adjacent
properties, except that riding academies and recreational
campgrounds shall not be allowed as a conditional use or
otherwiBe.
Adopted by the Council of the city of Virginia Beach, Virginia, on
the 22 day of September 1992.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 1521 OF THE CITY ZONING ORDINANCE
PERTAINING TO EATING AND DRINKING ESTABLISHMENTS
IN THE RT-3 RESORT TOURIST DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 1521 of the City Zoning ordinance be amended and
reordained in part to read as follows:
Sec. 1521. Use regulations.
(a) Principal Uses and structures:
For parcels leso than 20,000 square feet in size, any one of the
following is Allowed:
(1) Auditoriums and assembly halls;
(2) Boat sales;
(3) Business studios, offices, clinics and medical laboratories;
(4) Bicycle rental establishments;
(5) Child care and child care education centers;
(6) Commercial parking lots, parking garages and storage garages;
(7) Commercial recreation facilities other than those of an
outdoor nature;
(8) Eating and drinking establishments, except as specified in
subsection (c)(6);
(9) Financial institutions;
(10) Funeral homes;
(11) Museums and art galleries;
(12) Off-site parking facilities, provided the provisions of
section 1505 are met;
(13) Personal service establishments, including barber and beauty
shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
dressmaking, tailoring and garment repair shops with
processing on the preMiSeB;
(14) Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
(15) Public buildings and grounds;
(16) Public utilities installations and substations including
offices; provided storage or maintenance facilities shall not
be permitted; and provided, further, that utilities
substations, other than individual transformers, shall be
surrounded by a wall, solid except for entrances and exits, or
by a fence with a screening hedge five (5) to six (6) feet in
height; and provided also, transformer vaults for underground
utilities and the like shall require only a landscaped
screening hedge, solid except for access opening;
(17) Retail establishments, including the incidental manufacturing
of goods for sale only at retail on the premises; retail sales
and display rooms and lots, provided that yards for storage of
new or used building materials or yards for any scrap or
salvage operations or for storage or display of any scrap,
salvage or secondhand building materials or automobile parts
shall not be allowed;
(18) Multi-family dwellings when developed in conjunction on the
same parcel with other allowed uses where the floor area of
the multi-family dwellings do not exceed 70% of the total
floor area of the entire project;
(19) Motels and Hotels which may have in conjunction with them any
combination of restaurants, retail commercial use and
convention facilities, provided that uses in conjunction with
hotels and motels may not occupy more than 10% of the floor
area of all structures (excluding parking) located on the lot.
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to the
principal uses and structures:
(1) An accessory activity operated for profit in a residential
dwelling unit where there is no changed in the outside
appearance of the building or premises or any visible or
audible evidence detectable from outaide the building lot,
either permanently or intermittently, of the conduct of such
business except for one non-illuminated identification sign
not more than one square foot in area mounted flat against the
residence; where no traffic is generated, including traffic by
commercial delivery vehicles, by such activity in greater
volumes than would normally be exl>ected in the neighborhood,
and any need for parking generated by the conduct of such
activity is met off the street and other than in a required
front yard; where the activity is conducted on the premises
which is the bona fide residence of the principal
practitioner, and no person other than members of the
immediate family occupying such dwelling unit is employed in
the activity; where such activity is conducted only in the
principle structure on the lot; where there are no sales to
the general public of products or merchandise from the home;
and where the activity is specifically designed or conducted
to permit no more than one patron, customer, or pupil to be
present on the premises at any one time. The following are
specifically prohibited as accessory activities: Convalescent
or nursing homes, tourist homes, massage parlors, radio or
television repair shops, auto repair shops, or similar
establishments.
(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of part
C of article 2 hereof:
(1) Automobile and small engine repair establishments, provided
that all repair work shall be performed within a building;
(2) Automobile service stations; provided that, where there is an
adjoining residential or apartment district without an
intervening street, alley or permanent open space over twenty-
five (25) feet in width and where lots separated by a district
I
boundary have adjacent front yards, a six (6) foot solid fence
shall separate the automobile service station use from the
adjacent residential district and no ground sign shall be
within fifty (50) feet of the residential or apartment
district;
(3). Car wash facilities, provided that:
(i) no water produced by activities on the zoning lot shall
be permitted to fall upon or drain across public streets
or sidewalks or adjacent properties;
(ii) a minimum of three (3) off-street parking spaces for
automobiles shall be provided for each car wash space
within the facility.
(4) Churches;
(5) Dormitories for marine pilots;
(6) Hating and driniting establi:shments ithieh sel%-e aieeheii:e
beveL-ages fee en premises eansumpti:en and wh--Ol
ioi:thin 599 feet ef- a residentia- ii:etl-iot 9L- have
an site paL-!Eing %fithi:n 3GO fe :!&l er apaetme"
distriet?
(6) Eating and drinkina establishments where all four of the
followina occur:
(1) alcoholic beverages are served:
(ii) the establishment is located within 500 feet of a
residential or apartment district;
(iii) the establishment operates at any time between 12:00
midnight and 2:00 a.m.;
(iv) the establishment excludes minors (persons under 18
Years of age) during any T)art of the day, or Provides
entertainment, audible from adioining lproperty.
(7) Heliports and helistops;
(8) Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child care
centers, other than those covered under permitted principal
uses and structures hereinabove, when not operated by a public
agency;
(9) Home occupations;
(10) Hospitals and sanitariums;
(11) Marinas, including facilities for storage and repair of boats
and sale of boating supplies and fuel;
(12) Mini-warehouses, provided that the yard shall be completely
enclosed except for necessary openings for ingress and egress
by a fence or wall not less than six (6) feet in height;
(13) Motor vehicle sales and rental, provided the minimum lot Size
is twenty thousand (20,000) square feet;
(14) Passenger transportation terminals;
(15) Public utility storage or maintenance installations;
I
(16) Radio and television broadcasting stationa and line-of-sight
relay devices;
(17) Recreational and amusement facilities of an outdoor nature,
which may be partially or temporarily enclosed on a season,l
basis with approval of city council, provided that, in the
developrnent of such properties, safeguards are provided to
preserve and protect the existing character of adjacent
properties, except that riding academies and recreational
campgrounds shall not be allowed al3 a conditional. ,e
otherwise;
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 22 day of September 1992.
- 33 -
Item TV-J.2a.
PUBLIC HEARING ITEM # 36074
PLANNING - RECONSIDERATION
Joseph W Boy4 1460 Five Hill Trail, Phone: 490-1959, represented the applicant
Upon motion by Councibnan Jones, seconded by Vice Mayor Sessoms, City Council DELETED conditions
in the December 18, 1990, approved application of JOSEPH M. BOYD for a Variance to Section 4.5 of
the Subdivision Ordinance which requires residential developers set aside a percentage of the total land
area for recreationallopen space purposes, to serve residents of the development at the Southeast and
Southwest intersections of Baker Road and Aylesbury Drive.
Application of Joseph W Boyd for a subdivision Variance to Section 4.5
of the Subdivision Ordinance. 7he parcel is located at the southeast and
southwest intersections of Baker Road and Aylesbury Drive. BAYSIDE
BOROUGH.
Conditions #1, 2 and 3 shall be DELETED and the following condition attached.
77te developer shall post a $15,000 bond for a period of one year for
Park Lmpraveinents, consisting of landscaping, playground equipment,
picnic and cOOkout facilities and benches. Staff shall negotiate with the
Amherst Civic League to improve the existing park site. If the Amherst
civic League desires, the City shall investigate accepting ownership for
the park site.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck Ill James W. Brazier, Jr., Robert
W Clyburn, Robert K Dea?4 Louis x Jones, Paul J. Lanteigne, John D.
Moss, MaYor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent,
None
September 22, 1992
- 34 -
Item IV-J.3.a.
PUBLIC HFARING ITEM # 36075
Attorney Eddie Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971
7he following registered in OPPOSITION, but were not OPPOSED to the DEFERRAL:
Pat Ingmire, Phone: 721-5549
Charles Traub, III, 784 Glaygow Court, Phone: 340-9056
Upon motion by Councibnan Moss, seconded by Councilman Dean, City Council DEFERRED until the
City Council Session of October 27, 1992:
ORDINANCE UPON APPLICATION OF RYLLLIMS HOLDING
CORPORATION AND JOSEPH E. & JACK P. BURROUGHS FOR A
CONDITIONAL USE PERMIT FOR SINGLE FAMILY HOMES IN THE
AGR[CULTURE DISTRICT
Ordinance upon application of Williams Holding Corporation and Joseph
E. and Jack P. Burroughs for a Conditional Use Permit for single family
homes in the Agriculture District on certain property located on the
southwest side of Seaboard Road, 3500 feet more or les northwest of
Princess Anne Road. Said parcel contains 264.62 acres. PR[NCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert
W. Clyburr4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
- 35 -
Item IV-J.4.
APPOINTMEATS ITEM # 36076
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Louis R. Jones
Unexpired term thru 6130194
Voting: 10-0
Council Members Voling,4ye:
John A. Baum, Linwood 0. Brancl4 III, James W Brazier, Jr., Robert
W Clyburn, Louis R Jones, Paul J. Lanteigne, John D. Moss, Nancy K
Parker, Mayor Meyera E. Oberndorf and Vice Mayor grilliam D
Sessoms, Jr.
Council Meinbers Voting Nay:
None
Council Members Abstaining:
Robert K Dean
Council Members Absent.
None
Councibnan Dean had NOMINATED Council Lady Parker; however, Council Lady Parker requested her
name be WITHDR.4WN from Nomination.
September 22, 1992
- 36 -
item IV-KL.
UNFINISHED BUSINESS ITEM # 36077
Upon NOMINATION by Councibnan Brazier, City Council APPOIAITED:
Councibnan Robert W. Clyburn
DESIGNATED VOTING DELEGATE
NATIONAL LE4GUE OF CITIES
(Annual Conference in New Orleans - November 28, - December 2, 1992)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dea?4 Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy Y, Parker and Vice Mayor
William D. Sessonu, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, ]M
- 37 -
Item TV-KZ
UNFINISHED BUSINESS ITEM # 36078
ADD-ON
Council Lady Parker requested an update be provided by the Greenways, Trails and Bikeways CommiUee
and how their functions would reflect upon the Capital Improvement Program.
September 22, 1992
- 38 -
Itein iv-L 1.
NEW BUSINESS ITEM # 36079
Upon motion by Councibnan Baum, seconded by Councilman Lanteigne, City Council ADOPTED:
Resolution supporting the efforts of the Health Depart?nent to educate the
public re the Statewide rabies epidemic.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, James W. Brazier, Jr., Robert
W. Clyburp; Robert K Dear4 Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
1 A RESOLUTION IN SUPPORT OF THE
2 HEALTH DEPARTMENT'S EFFORTS TO
3 EDUCATE THE PUBLIC REGARDING THE
4 STATEWIDE RABIES EPIDEMIC
5 WHEREAS, The Commonwealth of Virginia is currently
6 experiencing an outbreak of rabies which has risen to the level of
7 an epidemic;
8 WHEREAS, the epidemic has reached the city of Virginia
9 Beach as evidenced by the recent discovery of three rabid raccoons;
10 WHEREAS, rabies is a preventable disease provided certain
11 reasonable precautionary measures are taken;
12 WHEREAS, such measures include heightened public
13 awareness of the problem, the proper reporting of all incidents
14 wherein humans are bitten by animals, the vaccination or
15 revaccination of all domestic dogs and cats, the strict enforcement
16 of all quarantine laws, and the use of medically-authorized post-
17 exposure immunization; and
18 WHEREAS, the Health Department is making every effort to
19 educate the public with respect to the epidemic and these
20 precautionary measures.
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That City Council hereby supports the Health Department's
24 efforts to educate the public with respect to the Statewide rabies
25 epidemic.
26 Adopted by the Council of the City of Virginia Beach,
27 virginia, on the 22 day of September 1992.
28 CA-4837
29 ORDIN\NONCODE\RABIES.RES
30 R-1
- 39 -
item IV-L.2
NEW BUSINESS ITEM # 36080
Upon motion by Councibnan Brazier, seconded by Vice Mayor Sessonts, City Council ADOPTED.
Resolution establishing a Legislative Commiaee for the purpose of
making recommendations to City Council re the City's Legislative
Package.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert
W Clybur?4 Robert K Deat4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
Requested by councilmember James W. Brazier, Jr.
1 A RESOLUTION ESTABLISHING A
2 LEGISLATIVE COMMITTEE FOR THE
3 PURPOSE OF MAKING RECOMMENDATIONS TO
4 CITY COUNCIL REGARDING THE CITY'S
5 LEGISLATIVE PACKAGE
6 WHEREAS, in the fall of each year, City Council prepares,
7 and submits to the City's local delegation, a legislative package
8 comprised of proposed legislation that would be beneficial to, or
9 is considered necessary for, the City in the conduct of its
10 affairs;
11 WHEREAS, there are numerous special interest groups
12 within the City who may be affected by such proposed legislation
13 and who may have additional proposals for legislation that would be
14 in the interests of the City; and
15 WHEREAS, the input and recommendations of these groups
16 would greatly assist the Council on its preparation of the
17 legislative package.
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 That there is hereby established a Legislative Committee
21 for the purpose of providing input and recommendations to City
22 Council regarding the legislative package and submitting a
23 recommended legislative package to the Council to assist the
24 Council in its preparation of a final legislative package.
25 BE IT FURTHER RESOLVED:
26 That the members of the Committee shall be appointed by
27 City Council and shall include the senior member of each party of
28 the Virginia Beach Delegation in each house of the General Assembly
29 whose district lies completely within the geographical boundaries
30 of the City. A representative from any organization intending to
31 submit legislation for possible inclusion in the legislative
32 package shall be invited to appear before the Committee to present
33 their proposed legislation and to enable,the Committee to determine
34 if the City of Virginia Beach would benefit from the proposed
35 legislation.
1
3 6 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 22 day of September , 1992.
38 CA-4802
39 ORDIN\NONCODE\COMMITTEE.RES
40 R-5
- 40 -
Item ly-L.3.
NEW BUSINESS ITEM # 36081
James L. Miller, 600 Crestar Bank Building, Phone: 624-2600, spoke in SUPPORT of the Ordinance
Upon motion by Councibnan Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to repeal the April 9, 1991 adopted Ordinance approving
rezoning of certain property in the name of W. W. Oliver, Jr., re land
use assessment subjected to roff-back taxes.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert
W. Clyburn, Louis R Jones, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Deap4 John D. Moss and Nancy K Parker
Council Members Absent.-
None
September 22, 1992
Requested by Councilmember John Baum
1 AN ORDINANCE TO REPEAL AN ORDINANCE
2 APPROVING THE REZONING OF CERTAIN
3 PROPERTY IN THE NAME OF W. W.
4 OLIVER, JR.
5 WHEREAS, on April 9, 1991, the City Council approved certain
6 rezoning applications of Indian River Plantation, Inc. from AG-1
7 and AG-2 to R-10, R-15 and R-20 district classifications; and
8 WHEREAS, included in the property rezoned was a parcel having
9 GPIN number 1493-75-4622-0000, in the name of W. W. Oliver, Jr.
10 (hereinafter owner); and
11 WHEREAS, due to conditions beyond the owner's control, the
12 development of the Oliver property as proposed by the rezoning has
13 been frustrated; and
14 WHEREAS, the owner has requested and received the approval of
15 the City Council to rezone the property to the earlier AG-1 and AG-
16 2 classifications and has further requested that retroactive effect
17 be given to the repeal of the ordinance adopted on April 9, 1991,
18 whereby the oliver property was rezoned to the R-15 and R-20
19 classifications; and
20 WHEREAS, considering the effect of external circumstances upon
21 the proposed development of the oliver property, the City Council
22 is of the opinion that the repeal of the April 9, 1991 ordinance
23 should be given retroactive effect.
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That the Ordinance adopted by the Virginia Beach City Council
27 on April 9, 1991, whereby the property in the name of W. W. oliver,
28 Jr. (GPIN number 1493-75-4622-0000) was rezoned from AG-1 and AG-2
29 to R-15 and R-20 is hereby repealed in its entirety and such repeal
30 shall be effective retroactively, and the ordinance approving the
31 rezoning of the oliver property to R-15 and R-20 shall be deemed
32 void ab initio.
33 Adopted by the Council of the City of Virginia Beach,
3 4 Virginia, on the 22 day of September 1992.
35 CA-4829
36 ORDIN\NONCODE\REPEAL.ORD
37 R-1
2
- 41 -
Item IV-L4,
NEW BUSINESS ITEM # 36082
Upon motion by Councibnan Jones, seconded by Councihnan Lanteigne, City Council DEFERRED until
the City Council Session of October 13, 1992:
Ordinance to "END and REOPDAIN Section 28-5 of the Code of the
City of Virginia Beacl4 Virginia, re instalbnent, et cetera, payment of Une
fees.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert
W Clyburib Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Yzce Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 22, 1992
- 42 -
Item IV-L.5.
AEW BUSINESS ITEM # 36082
ADD-ON
Councibnan Moss referenced the proposed Briefing on October 27, 1992 conceming the Financial
Forecast and on December 1, 1992, certain items would be accomplished regarding Budget Priority
Aflocations. Councibnan Moss requested on October Sixth, or a subsequent meeting, a time table to be
approved regarding discussions of the Budget between October 27, 1992 and December 1, 1992.
September 22, 1992
- 43 -
Item iv-L.6.
NEW BUSINESS ITEM # 36083
Mayor Oberndorf referenced Councilman Moss's request for a BRFEFING to City Council by Senator John
Wamer relative defense cuts.
As soon as the election is over, Senator Warner has agreed to meet with the City Council.
September 22, 1992