APRIL 6, 1983 MINUTES
"VVORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUTS R. ]ONES, B.y.id@ B .... gb
VICE-MAYOR BARBARA M. HENLEY, P..g. B.,..gh
10fiN A. BAUM, B.,..gb
,NANCY A. CREECII. Al L.,g@
IIAROLD IIEISCIIOBER, At L.,g@
Ii. JACK JENNINGS, JR., Ly.,,b..@. B.,.,,,h
ROBERT G. ]ONES, Al L.,g@
W. Ii. KITCIIIN, lit, Vigi.i,, B,.,b
REBA S. AI,CLANAN, P,i.,@@, A.@@ B.,..gh
1. IIENRY AI,COY, JR.. K@.p,@ill, B.,..gb 212 C17 Y IIALL BUILDING
MEYERA E. OI]ERNDORF, A, L.,g, MliV/CIPAL CENTER
VIRGINIA BEACII, VIRGINIA 2345(,
RUTII IIOD(;ES SMiTit, CMC, Cily Cl@,k (804) 427 -4 30 3
CITY COUNCIL AGENDA
SPECIAL MEETING
APRIL 6, 1983
7:00 p.m.
COUNCIL CONFERENCE ROOM
FORt4AL SESSION
A. CALL TO ORDER
B. READING OF MAYOR'S LETTER STATING PURPOSE OF
SPECIAL MEETING
C. ROLL CALL OF COUNCIL
D. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
E. COX CABLE'S RATE INCREASE PROCEDURE
F. ADJOURNMENT
(after which City Council will conduct the
reqularly scheduled FY 183-184 City Operating
Budget Workshop)
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 6, 1983
In accordance with Section 2-21 of the Code of the City
of Virginia Beach, Virginia, the Special Meeting of the
Council of the City of Virginia Beach, Virginia, was
called to order by Mayor Louis R. Jones, in the Conference
Room, City Hall Building, on Wednesday, April 6, 1983, at
Seven o'clock in the evening for the purpose of further
deliberation concerning Cox Cable's proposed rate increase
and/or royalty fee as it may or may not apply to the City's
franchise agreement with Cox Cable TV.
Council Members Present:
John A. Baun, Harold Heischcber, vice mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech*, and Robert G. Jones**
4/6 83
OFFICE OF THE MAYOR MUNICIPAL. CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4581
April 4, 1983
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with City Code Section 2-21, I hereby
call a SPECIAL MEETING of the Virginia Beach City Council
to be held at 7:00 p.m. in the Council Conference Room on
Wednesday, April 6, 1983, for the purpose of further
deliberation concerning Cox Cable's proposed rate
increase and/or royalty fee as it may or may not apply to
the City's franchise agreement with Cox Cable TV.
Louis R. Jo+(S
Mayor
LRJ:asd
cc: Thomas H. Muehlenbeck, City Manager
J. Dale Bimson, City Attorney
Ruth Hodges Smith, City Clerk
Pam Lingle, Public Information officer
Members: Virqinia Beach City Council Received Notice
John A. Baum
Nancy A. Creech
Harold Heischober
Barbara M. Henley, Vice-mayor
H. Jack Jennings, Jr.
Robert G. Jones
W. Hugh Kitchin III
Reba S. McClanan
J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf
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ITEM #19713
Mayor Jones read the following Notice of Special Meeting:
"HONORABLE =ERS OF CTTY COUNCIL
"In accordance with Code Code Section 2-21,
I hereby call a SPECIAL MEET-ING of the
Virginia Beach City Council to be held at
7:00 p.m., in the Council Conference
on Wednesday, April 6, 1983, for the purpose
of further deliberation concerning Cox Cable's
proposed rate increase and/or rcyalty fee as it
may or may not apply to the City's franchise
agreement with Cox Cable TV."
ITEM #19714
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
pursuant to the exemptions from opening meetings allowed by
Section 2.1-344 Code of Virginia, as amended, for the following
purpose:
1. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff meirbers, consultants or attorneys,
pertaining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public bc)dy.
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to proceed into the EXECUTIVE
SESSION following the INFORMAL SESSION.
Voting: 10-0
Council members Voting Aye:
John A. Baun, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, W. H. Kitchin, iii,
Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay-.
None
Council members Absent;
Nancy A. Creech*, and Robert G. Jones**
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ITEM #19715
Mayor Jones advised the City Clerk asked him to remind Council
of the breakfast meeting with the Industrial Development Authority
on Thursday, April 7, 1983, at 8:00 a.m., and information which
has been placed before them for this meeting.
City Council RECESSED into EXECUTIVE SESSION, (7:10 p.m.)
ITEM #19716
City Council reconvened into the FORMAL SESSION with the following
Council Members Present:
John A. Baun, Nancy A. Creech*, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Absent:
Robert G. Jones**
*COUNCILWOMAN CREECH ENTERED MEETING AT 7:25 p.m.
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ITEM #19717
The City Clerk read the following Resolution:
"RESOLUTION OF CITY COUNCIL DI@TTNG COX CABLE
VIRGINIA BEACH, INC., TK) In4EDIATELY CEASE AND
DESIST ERCM @ING ON AND COLLBCTING FROM ITS
SUBSCRIBERS AN UNAURHORIZED EIGHTY-ONE CENTS ($.81)
CBARGE ENTITLED "FEDERAL COPYRIGHR FEE", AND FURTHER
DIRECTING COX CABLE VIRGINIA BEACH, INC., TO CREDIT
THE MAY, 1983, BILLING ST OF AIL OF ITS SUB-
SCRIBERS WHO UNVE PAID THE "FEDERAL COPYRIGHR FEE"
TBE SLM OF EIGHTY-ONE CENTS ($.81), OR, IN THE
ALTE@IVE, TO REMIT THE SU,4 OF EI=-CNE CENRS
($.81) TO THOSE SUBSCRIBERS WITBIN THIRTY (30) DAYS
OF THE DATE OF ADOPTION OF TBIS RESOLUTION
"WBEREAS, Cox Cable of Virginia Beach, Inc., was granted a franchise
for the right and privilege to construct, operate and maintain a cable
televisim system within the City of Virginia Beach, Virginia, pursuant
to Section 15.1-23.1 of the Code of Virginia, for the terrn and upon the
conditions set forth in the Ordinance Proposing to Grant such a franchise,
said ordinance passed by Council on March 17, 1975, the grant of said
franchise being adopted by Council on May 17, 1976;
"WHEREAS, a condition of the franchise being that the grantee,
Cox Cable Virginia Beach, Inc., upon acceptance of said franchise, shall
be bound by the provisions of said Ordinance (Franchise Ordinance,
Section 23F);
"WHE@, by provision of the ordinance, changes in rates for
basic service shall be authorized by the City only after consideration
by City Council (Franchise ordinance, Section 8D);
"WBEREAS, on April 1, 1983, Cox Cable Virginia Beach, Inc., included
as a separate line item in its monthly billing statement to its subscribers,
a charge of eight-one cents ($.81) entitled "Federal Copyright Fee";
'WM@, the eighty-one cents ($.81) increase in month-ly billing
stat@ts represent a change in rate for basic service;
"WHEREAS, such change in rate was not authorized by the City as
r@red by the Franchise ordinance; and,
'WM@, Cox Cable Virginia Beach, Inc., has never, pursuant to
their obligations under the Franchise ordinance, requested the City for
authorization to impose and collect the eighty-one cents ($.81) fee, or
in any way petitioned for such authorization.
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"NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TBE
CITY OF VIRGINIA BEACH, VIRGINIA:
"l. Cox Cable Virginia Beach, Inc., is hereby directed to
inmdiately case and desist frcin imposing on and collecting fran
its subscribers the unauthorized eighty-one cents ($.81) "Federal
Copyright Fee", the @sition and collection of which is in vio-lation
of the provisions of the Franchise ordinance to which Cox cable Virginia
Beach, Inc., is bound.
112. FURTBEPMORE, cox Cable Virginia Beach, Inc., is hereby
directed to credit the May, 1983, billing statement of all of its
subscribers who have paid the unauthorized "Federal Copyright Fee" the
sun of eighty-one cents ($.81), or, in the alternative, to remit the sun
of eighty-one cents ($.81) to those subscribers within thirty (30) days
of the date of adoption of this Resolution.
113. FURTHER40RE, The City M@ger is hereby directed to mail a
copy of this Resolution by certified mail to Cox Cable Virginia Beach,
Inc., at its principle place of business, 5200 Cleveland Street, virginia
Beach, Virginia 23462.
"4. The foxwarding of this Resolution shall constitute official
notice to Cox Cable Virginia Beach, Inc., that it is currently in
violation of, and continues to be in violation of, the Franchise Ordinance
by its @sition and collection of an eighty-one cents ($.81) "Federal
Copyright Fee", which fee represents an unauthorized chanqe in rate for
basic service."
Mayor Jones advised "there is a change to this Ordinance in
wherever the eight-one cents ($.81) appears so shall the following:
OR ANY ADDITION THERETO
-6 -
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to ADOPT the Resolution of City
Council directing Cox Cable Virginia Beach, Inc., to immediately
cease and desist from imposing on and collecting from its sub-
scribers an unauthorized eighty-one cents ($.81), or any addition
thereto, charge entitled "Federal Copyright Fee", and further
@irecting Cox Cable Virginia Beach, Inc., to credit the May, 1983,
billing statement of all of its subscribers who have paid the
"Federal Copyright Fee" the sum of eighty-one cents ($.81), or any
addition thereto, or, in the alternative, to remit the sum of
eighty-one cents ($.81), or any addition thereto, to those sub-
scribers within thirty (3U) days of the date of adoption of this
Resolution.
Voting: 10-0
Council Members Voting Aye:
John A. Bauii, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones**
**COUNCILMAN JONES DID NOT ENTER UNTIL BUDGET WORKSHOP
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A meeting of the Council of the City of Virginia Beach,
virginia, was held in the Council Chambers, in the Administration
Building, on the 6th.day of April, 1983.
On motion by Councilman Heischober and seconded by
Councilman Jennin2s, ihe t8llowing resolution was adopted.
RESOLUTION OF CITY COUNCIL DIRECTING COX
CABLE VIRGINIA BEACH, INC. TO IMMEDIATELY
CEASE AND DESIST FROM IMPOSING ON AND
COLLECTING FROM ITS SUBSCRIBERS AN
UNAUTHORIZED EIGHTY-ONE CENTS ($.81), OR
ANY ADDITION THERETO, CHARGE ENTITLED
'FEDERAL COPYRIGHT FEE,' AND FURTHER
DIRECTING COX CABLE VIRGINIA BEACH, INC.
TO CREDIT THE MAY, 1983 BILLING STATEMENT
OF ALL OF ITS SUBSCRIBERS WHO HAVE PAID
THE 'FEDERAL COPYRIGHT FEE' THE SUM OF
EIGHTY-ONE CENTS ($.81), OR ANY ADDITION
THERETO, OR, IN THE ALTERNATIVE, TO REMIT
THE SUM OF EIGHTY-ONE CENTS ($.81), OR
ANY ADDITION THERETO, TO THOSE
SUBSCRIBERS WITHIN THIRTY (30) DAYS OF
THE DATE OF ADOPTION OF THIS
RESOLIJTION
WHEREAS, Cox Cable of Virginia Beach, Inc., was granted
a franchise for the right and privilege to construct, operate and
maintain a cable television system within the City of Virginia
Beach, Virginia, pursuant to S15.1-23.1 of the Code of Virginia,
for the term and upon the conditions set forth in the Ordinance
Proposing to Grant such a franchise, said ordinance passed by
Council on March 17, 1975, the grant of said franchise being
adopted by Council on May 17, 1976;
WHEREAS, a condition of the franchise being that the
grantee, Cox Cable Virginia Beach, Inc., upon acceptance of said
franchise, shall be bound by the provisions of said ordinance
(Franchise Ordinance, Section 23F);
WHEREAS, by provision of the ordinance, changes in
rates for basic service shall be authorized by the City only
after consideration by City Council (Franchise Ordinance, Section
8D);
WHEREAS, on April 1, 1983, Cox Cable Virginia Beach,
Inc., included as a separate line item in its monthly billing
statement to its subscribers, a charge of eighty-one cents
($.81), or any addition thereto, entitled 'Federal Copyright
Fee;"
WHEREAS, the eighty-one cents ($.81), or any addition
thereto, increase in monthly billing statements represents a
change in rate for basic service;
-8-
WHEREAS, such change in rate was not authorized by the
City as required by the franchise ordinance; and
WHEREAS, Cox Cable Virginia Beach, Inc., has never,
pursuant to their obligations under the franchise ordinance,
requested the City for authorization to impose and collect the
eighty-one cents ($.81), or any addition thereto, fee, or in any
way petitioned for such authorization.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINA:
1. Cox Cable Virginia Beach, Inc. is hereby directed
to immediately cease and desist from imposing on and collecting
from its subscribers the unauthorized eighty-one cents ($.81), or
any addition thereto, 'Federal Copyright Fee," the imposition and
collection of which is in violation of the provisions of the
franchise ordinance to which Cox Cable Virginia Beach, Inc. is
bound.
2. FURTHERMORE, Cox Cable Virginia Beach, Inc. is
hereby directed to credit the May, 1983 billing statement of all
of its subscribers who have paid the unauthorized 'Federal
Copyright Fee" the sum of eighty-one cents ($.81), or any
addition thereto, or, in the alternative, to remit the sum of
eighty-one cents ($.81), or any addition thereto, to those
subscribers within thirty (30) days of the date of adoption of
this Resolution.
3. FURTHERMORE, the City Manager is hereby directed to
mail a copy of this Resolution by certified mail to Cox Cable
Virginia Beach, Inc. at its principal place of business, 5200
Cleveland Street, Virginia Beach, Virginia 23462.
4. The forwarding of this Resolution shall constitute
official notice to Cox Cable Virginia Beach, Inc. that it is
currently in violation of, and continues to be in violation of,
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-9-
the franchise ordinance by its imposition and collection of an
eighty-one cents ($.81), or any addition thereto, 'Federal
Copyright Fee," which fee represents an unauthorized change in
rate for basic service.
Adopted by the Council of the City of Virginia Beach,
virginia, on the 6th day of April, 1983.
RMB/re
(RES.3)
-3-
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ITEM #19718
Upon motion by Councilman Baum, City Council adjourned at 7:30 p.m.
Rtith Hodg@ Smith, CMC Mayor Loui v R. Jones
City Clerk
City of Virginia Beach,
Virginia
6 April 1983/Special Meeting
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