HomeMy WebLinkAboutNOVEMBER 14, 1977
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Noveniber 14, 1977
The regular meeting of the Council of the City of Virginia Beach, was called to
order by Mayor Clarence A. Holland, in the Conference Room, in the Administration
Building, Princess Anne Borough, November 14, 1977, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr., John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Council Members absent: George R. Ferrell, Vice Mayor Patrick L. Standing
ITEM #11449
Mayor Holland entertained a motion to permit Council to conduct an informal session
to be followed by an executive session for the purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property.
3. Investing of public funds where competition
or bargaining are involved where, if made public
initially, the financial interest of the governing
unit would be adversely affected.
4. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body.
On motion by Councilman Cromwell, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to proceed into the executive session following the informal
discussion.
ITEM #11450
Mayor Holland announced that this coming Thursday, November 17, 1977, there will be
a Law Enforcement Prayer Breakfast being held at the Commodore FOP Club.
ITEM #11451
Mayor Holland stated that on November 19, 1977, the "Big Wheelers" Basketball game
will be held at the Virginia Beach Recreation Center. If any Council Member wishes
to attend please notify Mrs. Willa Redding.
1 47 7
IF 2
ITEM 1 1452
Mayor Holland stated he received a letter from the Innkeepers of Virginia Beach
requesting the Towing Ordinance be rescheduled for public hearing.
The City Manager stated he would reschedule the Towing Ordinance for public
hearing.
ITEM #11453
The City Manager stated he has been informed by the City of Norfolk that they will
be recommending Tuesday, November 15, 1977, that restrictions be lifted off of the
water conservation measures since the water levels are up to a practical figure.
The City Manager commended the citizens of Virginia Beach for their conserving
water, and further stated that an ordinance has been prepared and will be brought
to Council regarding this matter. Until then there will be n-o enf,rcement of the
present ordinance restricting water usage.
ITEM #11454
The City Manager stated that there are some minor corrections to the resolution
regarding the issuance of $5,100,000 water and sewer revenue notes of the City
of Virginia Beach. The corrected resolution will be voted on at the formal
session for a second reading, and will be incorporated in the minutes of the
meeting on November 7, 1977.
ITEM #11455
Discussion on the design for Kempsville Road/Indian River Road Intersection was
deferred for two weeks.
ITEM #11456
At 2:00 p.m., City Council reconvened in the Council Chambers with the following
members present:
John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland
J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Floyd E. Waterfield, Jr.
Council Members absent: George R. Ferrell, Vice Mayor Patrick L. Standing
The invocation was given by Chaplain R. Fenton Wicker, Jr., Oceana Naval Air
Station Chapel, followed by the Pledge of Allegiance.
ITEM #11457
On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, Vice Mayor Patrick L. Standing
City Council voted to approve the minutes of the regular meeting of November 7,
1977, with corrections, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy.
Item #11428B should read: "an addition to a church on Little Neck Road."
I 11 4 7 7
ITEM #11458 -3-
On motion by Councilman Payne, seconded by Councilman McCoy, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to approve on second reading an ordinance to adpropriate funds
under the Anti-Recession Fiscal Aid Program to be received from the Office of
Revenue Sharing:
AN ORDTNANCE TO APPROPRIATE FUNDS
UNDER THE ANTI-RECESSTON FISCAL
AID PROGRAM TO BE RECEIVED FROM
THE OFFICE OF REVENUE SIIARING
WHEREAS, the City Council is interested in providing needed
materials and supplies to the city's general operating programs, and
WHEREAS, the City Manager has identified a need for funds for
materials and supplies to the city's general operating I)rograiiis, and
WHEREAS, the office of Revenue Sharing has paid the Citv
Eighty-seven thousand, three hundred and ei-.ht dollars ($87,308).
NOW, THEREFORE, BE IT ORDAINED BY THE COU'\CIL OF THE CITY OF
VIRGINLA BEACH, VIRGINIA:
That funds available under the Anti-Recession Fiscal Aid Pro-
grani be accepted and appropriated as follows:
Estimated l@evenue Total
From other Agencies Appropriations
Finance $ 2,308 $ 2,308
Library 25,000 25,000
Highways 30,000 30,000
Building Maintenance 30,000 30,000
308 87 308
That the appropriations will be finailced bv $87,308 Estimated
Revenue from the Office of Revenue Sharing.
First Reading: Novemi@er 7, 1977
5 -
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On motion by Councilman Payne, SeCOnded by Councilman McCoy, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice 1,@@ayor Patrick L. Standing
City Council voted to approve the appointment of viewers regarding the petition
of Greenhill Enterprises, Inc., for the closure of three portions of McKinley
Avenue, in the Princess Anne Borough:
AN ORDIXANCE APPOINTING VIEWFRS
TO REPORT TO THE CITY OF VIRGINIA BEACH
CONCERNING THE CLOSING OF THREE PORTIONS
OF MCKINLFY AVEME
PRINCESS ANNE BOROUCH
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Greenhill Enterprises, Inc. would
make application to the CitY Council of the City of Virginia Beach, Virginia,
to have those three portions of McKinley Avenue, which portions are more
particularly described in Exhibit A attached hereto, closed, vacated and
discontinued as a public road of the City of Virginia Beach was duly posted
at the Courthouse of the Circuit Court and at two public places in the City
of Virginia Beach, Virginia on the day of 1
19 and,
WHEREAS, said application was made to the City Planning Commission
and to the City Council and pursuant to the statutes in s,,h cases made and
provided, and,
WHEREAS, it is ncw necessary for Council to appoint Viewers to
report to the Council what inconvience, if any, to the public or to private
individuals, would result from such closing, vacation, and discontinuance; now
therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VI,ZGINI-A:
1. That C. Oral Lambert , _-George E. Tinnes
and are hereby appointed Viewers to report to the
City Council of the City of Virginia Beach, Virginia as to what inconvenience,
if any, to the public or to private individuals, would result fr= such closing,
vacation, and discontinuance of those three portions of McKinley Avenue as
more particularly described in Exhibit A which is att,ched hereto.
This ordinance shall be effective upon the date of adoption.
@iL@i itil4@9
On motion by COuncilman Payne, seconded by Councilman @IcCoy, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice 1,@iayor Patrick L. Standing
City Council voted to approve the appointment of viewers regarding the petition
of Greenhill Enterprises, Inc., for the closure of three portions of McKinley
Avenue, in the Princess Anne Borough:
AN ORDINANCE APPOINTING VIEWERS
TO REPORT TO THE CITY OF VIRGINTA BFACH
CONCERNING THE CLOSING OF THREE PORTIONS
OF McKINLEY AVENUE
PRINCESS ANNE BOROUGH
CITY OF VIRGINLA BEACH, VIRGIN-IA
WHEREAS, proper notice that Greenhill Enterprises, Inc. would
make application to the CitY Council of the City of Virginia Beach, Virgi.ia,
to have those three portions of McKinley Avenue, which portions are more
particularly described in Exhibit A attached hereto, closed, vacated ad
discontinued as a public road of the City Of Virginia Beach was duly posted
at the Courthouse of the Circuit Court -d at two public places in the City
of Virginia Beach, Virginia on the day of 1
19 and,
WHERF-AS, said application was made to the City Planning Coulmission
and to the City Council and pursuant to the statutes in such cases made and
provided, and,
WHEREA-S, it is now necessar-y for Council to appoint Viewers to
report to the Council what inconvience, if any, to the public or to private
individuals, would result from such cl,sing, vacation, and discontinuance; now
therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VLRGI@NIA BF-ACH, VIRGINIA:
1. That c.. Oral l,ambert I Geor&e E. Tinnes
and obert J. Scott -, are hereby appointed Viewers to report to the
City Council of the City of Virginia Beach, Virgiiiia as to what inconvenience,
if any, to the public or to private individuals, would res,lt from such closing,
vacation, and discontinuance of those three portions of McKinley Avenue as
more particularly described in Exhibit A which is attached hereto.
This ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
4th day of November , 19 7 7
5 -
IN THE 14ATrER OF THE PETITION OF GREENRILL ENTERPRISES, INC. FOR THE CLOSING,
VACATING AND DISCONTINUING CERTAIN PORTIONS OF McKINLEY AVENUE
PETITION
-TO THE MAYOR AND MENBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
YOUR PETITIONER, GREENRILL ENTERPRISES, INC., RESPECTFULLY REPRESENTS AS FOLLOWS
IN SUPPORT OF THIS PETITION:
1. Pursuant to Section 15.1-364, of the Code of Virginia, 1950, as
amended, your Petitioner respectfully applies for the closing, vacating and
discontinuing of those certain portions of McKinley Avenue as shown on Schedule
"A," which is attached hereto and made a part hereof.
2. That no inconvenience will result from the closing, vacating and
diaccyntinuing of said portion of McKinley Avenue. Your Petitioner requests
that viewers be appointed, as prescribed by law, to view said portions of
McKinley Avenue and report in writing, what, if any, incanvenience will result
fr= said closing, vacating and discontinuing.
3. That on the 27th day of October 1977, a Notice of this Petition was
posted at the Circuit Court of the City of Virginia Beach and two public places,
a copy of said notice is attached hereto and made a part hereof.
GREENHILL ENTERPRISES, INC.
By:
SCHEDULE "A!'
PARCEL I
Beginning at a point at the Northwest intersection of Good Hope Road and
McKinley Avenue, which point is lmown as the point of beginning; thence
running S 710 27' 00" E 50.02' to a point on the Eastern right of way line
of McKinley Avenue; thence turning and running along the Eastern right of
way line of McKinley Avenue N 160 55' 46" E 89.65' to a point; thence turning
and running N 700 52' 46" W 50.04' to a point on the Western right of way line
of McKinley Avenue; thence turning and running along the Western right of way
.line of McKinley Avenue S 160 55' 4611 W 90.16' to the point of beginning, said
parcel containing 0.103 acres more or less.
PARCEL II
Beginning at a point at the Northwest intersection of McKinley and Dana Lane,
which point is known as the point of beginning; thence running S 71" 27' 00" E
50.02' to a point on the Eastem right of way line of McKinley Avenue; thence
turning and running along the Eastern right of way line of @Kinley Avenue
N 160 55' 46" E 196.70' to a point; thence turning and running N 710 27' 00" W
50.02' to a point on the Western right of way line of McKinley, where it inter-
sects with Forest Glen Road; thence turning and running S 160 55' 46" W 196.70'
to the point of beginning, said parcel containing 0.226 acres more or less.
PARCEL III
Beginning at a point at the Southwest intersection of Charnplain Lane and
McKinley Avenue, which point is known as the point of beginning; thence running
along the Western right of way line of McKinley Avenue S 160 55' 46" W to a point
where the Western right of way line of McKinley Avenue intersects with the Northern
right of way line of a certain 50' drainage easement; thence turning and running
S 710 27' 00" E 50.02' to a point on the Eastern right of way line of McKinley
Avenue; thence running along the Eastern right of way line of McKinley Avenue
N 160 55' 46" E 98.34' to a point; thence turning and running N 710 27' 00" W
50.02' to the point of beginning, said parcel containing 0.113 acres more or less.
ITEM l@11,60
0. ..ti.. by P y@., by C..@,il... @'l@C.y, @@d by ...... [.,i
J.11@ A. B@@., l@.b@@t B. C,..,@ll, J,., J.h@ R. G,iffi.,
A. h.11@.d, J. H@.@y M@c.y, J@., M@y@@. E. Ob@,@d.,f,
C@,li. P.y@@, R.g , L. i@ig , @,d Fi.yd E. J,.
N.y.: N.@.
Ab-.t: R. Vi,,, M., L. St,@,(Ii@g
City tl,. f., f
i. @g.@d 1, p lili,, f R.b,@, L. Si@@p,,,@, S,., f., cl@, f @ p"li.,
.f "l"' th, Ly,,,hz@,,@ B.,.,,gh:
ORDINANCE APPOINTING VIEWERS
WHEREAS, Robe@t L. SiMp..@, Sr. h.s given d.e and proper
notice, i. ccord..@e ith the St@t@tI, f,, @@@h 11,@@ @@d, @d
provided th.t they ill on th. _ d.y f , 1977,
apply t. the City C ... cil f th. City f Virgi.i. Bea.h, Virginia,
for th. ppointm..t of viewers to view th@ below-d@@cribed prope@ty
.nd report in writi.g t. the C..@Cil whether, i. th. opinion of @.i2
View.r., a.y, nd if a.y, wh.t i.@on@enience wo.ld res.It from the
disco.ti ... n- f the h.r.i..ft.r d.scrib.d p.rtio. of th.t @ert.i,,
stre.t f aribl. width, nd h.s fil@d ..ch appli@.ti.n with s@id
Council.
NOW, THEPEFORE, be it ORDAINED by th. C.uncil of the
City of Virgini. Be.@h, Virgi.i.:
THAT L..b@@t, R.tr, J. S,.,,, nd E. TL.@,@-I
.@d
.re her.by
appointed to view the below d@cribed property nd report in
writing to th. Co ... il on or b@f.re
.heth.r i@ th.i@ pinion, ..y, @.d if a@y, wh.t inco.v@.ie.@. woul@
re.ult i. th. di@conti.uing .@d v.c.ti.g of @ ..rt@-on of th.t c.r-
tai. street of decr..sing width lo@.ted i. th@ City of vi,gi.i.
Beach, Virginia, ..d ore pa@ticularly described as follows:
Beginning t the South@.@t inters..tio. f
W..dl.nd Av.n.e (@ow B.@b@rt.n Driv.) nd
"F" Str@et, .. h.@n o@ th.t .@rt.i. Plat
e.titl@d "W..dl..d",Pr.p@rty of N.rann@ P...lty
Corp., d.ted Augu.t 1925 , nd rec.rd@d i.
Map B..k 7, P.ge 98, Cl-k's Offi@@, City f
Virgi,da B@ach, Virgini., nd r..ning th.n@.
N.rth 30' 18 @in.t.@ East 50 fe.t t. . point
0. the North @id@ f "F" Str@.t; the.c@ So.th
59' 47 i..tes E.@t 120 f.@t, or. r 1... t.
. poi.t; th@n So.th 42' 57 in.t.. E..t 158
feet or. r le.s to . p.int @-. Lot 12, Block
8 .. the af.res.id Pl.t; thence North 59' 47
mi..te@ W.@t 283 feet, ore r less, to th.
poi.t of b.ginning, the pr.p@rty d..@rib@d
bei.g .11 that p.rtio. of "F" Str.et ho@. n
the aforesaid Pl@t lying E.st of Woodla.d
Aveue. 11 14/7@
8 -
All the above as shown upon that certain plat entitled,
'Woodland", located in Lynnhaven Borough, Virginia Beach, Virginia,
which plat is attached hereto and made a part hereof and intended t)
be recorded with the Ordinance closing the aforedescribed street.
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IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF DECREASING WIDTH KNOWN AS ',F,'
STREET AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "WOODLAND" PROPERTY OF NORANNE
REALTY CORP., PRINCESS ANNE COUNTY, VIRGINIA,
AUGUST, 1925, MAP BOOK 7, PAGE 98, CIRCUIT
COURT, CITY OF VIRGINIA BEACH, VIRGINIA,
SAID STREET BEING ALL THAT PORTION OF "F"
STREET EAST OF WOODLAND AVENUE AS SHOWN ON
SAID PLAT, WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Robert L. Simpson, Sr., respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the petitioner applies
for the vacating, closing, and dis-continuance of portion of that
certain street, which is more specifically described as follows:
Beginning at the Southeast intersection of
Woodland Avenue (now Barberton Drive) and
"F" Street, as shown on that certain Plat
entitled "Woodland" Property of Noranne Realty
Corp., dated August 1925 and recorded in
Map Book 7, Page 98, Clerk's Office, City of
Virginia Beach, Virginia, and running thence
North 30' 18 minutes East 50 feet to a point
on the North side of "F" Street; thence South
59* 47 minutes East 120 feet, more or less to
a point; then South 42' 57 minutes East 158
feet more or less to a point in Lot 12, Block
8 on the aforesaid Plat; thence North 590 47
minutes West 283 feet, more or less, to the
point of beginning, the property described
being all that portion of "F" Street shown on
the aforesaid Plat lying East of Woodland
Avenue.
Said parcel of land being a portion of "F" Street, as
indicated on that certain plat entitled "Woodland", located in
Lynnhaven Borough, Virginia Beach, Virginia, which plat is attached
hereto and made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
-10-
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said street;
and the petitioner prays that this Honorable Council appoint viewers
as provided by law to view said platted street proposed to be closel
and to report in writing to the Council on or before the day
of , 1977, as to whether in the opinion of said
Viewers, what inconvenience, if any, would result from the discon-
tinuance and closing of this portion of said street, as herein
reported and described.
3. That on the 7-10 day of ek,aLy-, 1977, Notice
of the presenting of this Application was posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia, on
the premises to be closed, and at the City Hall Annex, 19th Street
and Arctic Avenue,Virginia Beach, Virginia, as evidenced by the
Affidavit attached hereto, and a copy of said Notice.
4. That the Petitioner is fee simple owner of all land
along and adjacent to and affected by said portion of the platted
street, except a portion thereof lying 160 feet more or less along
the Northern line of said street in its Eastern-most portion,
owned now or formerly by Minnie Properties, Inc., care of Louis B.
Fine, Esquire, Law Building, 187 Granby Street, Norfolk, Virginia,
and consequently your Petitioner and Minnie Properties, Inc. are
the only land-owners affected by the same.
Respectfully submitted,
ROBERT L. SIMPSON, SR.
BYOJ@.,4@
Of Coun6
Robert L. Simpson, Jr.
Day, Summs, Epps & Simpson
4530 Professional Circle
Virginia Beach, Virginia 23455
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ITEM #11461
The following bids were received for the sewer facilities for Nottingham Estates:
Central Builders, Inc. $213,700.00
A & W Contractors, Inc. 215,000.75
Engineer's Estimate $195,850.00
On motion by Councilman Payne, seconded by Councilman McCoy, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to approve the low bid of Central Builders, Incorporated, in the
amount of $213,700.00, for the sewer facilities for Nottingham Estates. Funds for
this project are available.
ITEM #11462
On motion by Councilman Payne, seconded by Councilman McCoy, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to approve the following standard water/sewer agreements:
Rosemont Forest,
Kempsville Borough Water/Sewer
Green Run, PUD
Section D-4
Kempsville Borough Water/Sewer
ITEM #11463
On motion by Councilman Riggs, seconded by Councilman McCoy, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Floyd E. Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to approve on second reading the following resolution authorizing
the issuance of $3,000,000 Water and Sewer Revenue Bonds (P A CORP.) of the City of
Virginia Beach, Virginia, and providing for the form, details and payment thereof:
I I / 1 47 7
1 3-
11/9/77
A RESCLUTIOP AUTHORIZING THE ISSUANCE CF $3,000,000
WATER AND SEWER REVENUE BONDS (P A CORP.) OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, AND PROVIDING FOR THE
FORM, DETAILS ANE PAYMENT THEREOF
WHEREAS, as a part of a program for acquiring water and
sewer facilities located within the boundaries of the City, the
City Council has determined @hat it is desirable to acquire the
sever systems of Princess Anne Utilities Corporation and
Aragona Utilities Corporation and the water and sewer system of
Pembroke Utilities, Inc.; and
WHEREAS, the City proposes to acquire such systems by
the purchase of the stock of P A Corp. vhich owns all the stock
of Princess Anne Utilities Corporation, Aragona Utilities
Corporation and Pembroke Utilities, Inc. and following such
acquisition to dissolve the corporations and to integrate their
water and/or sewer systems into the City's water and sewer
system; and
WHEREAS, the City has entered into a contract with the
owners of all the stock cf P A Corp. for the purchase of such
stock; and
WHEREAS, the City Council by ordinance adopted or.
October 24, 1977, has authorized the issuance of two separate
issues of obligations in an aggregate principal amount not to
exceed $8,100,000 as contemplated by the foregoing contract,
including the issuance of $3,000,000 water and sever revenue
bonds;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
ARTICLE I
D@D@t.12ns
Section 1.1. Definitions. Whenever used in this
resolution, unless a different meaning clearly appears from the
context, the following wcrds and terms shall have the following
meanings:
"Pond Fund" shall mean the Water and Sever Revenue Bond
Fund: P A Corp., established by Section 4.2.
"Bondholderl shall mean the bearer of any Bond.
"Bonds" shall mean $3,000,000 water and sewer revenue
bonds autborized to be iseued by a resolution adopted by the
City Council on November 14, 1977.
"City" shall mean the City of Virginia Beach, Virginia.
"City Council" shall mean the Council of the City of
Virginia Beach, Virginia.
11/14/77
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"Event of Default" shall mean any of the events
enumerated in Section 6.1.
"Net Revenues- shall mean the revenues derived from the
ownership and operation cf the System less costs of operation,
administration and insurance.
"Stock Purchase Contract" shall mean the agreement
between Edward S. Garcia and John X. Aragona, as the owners of
all the stock of P A Corp., and the City dated October 26,
1977.
'System" shall mean the water and sever system of the
City, as it may exist frcm time to time, and shall include the
sewer-systems of Princess Anne Utilities Corporation and
Aragona Utilities Corporation and the water and sever system of
Pembroke Utilities, Inc.
ARTICLE II
Details.._Execution,-Form and-Registration of Ponds
Section 2.1. Lutb2 ZA . BO@..d-
I:,! 112_q o-F @ S. There are hereby
authorized to be issued water and sever revenue bonds of the
City in the aggregate principal amount of Three Million Dollars
($3,000,000) to provide funds to finance in part the cost of
acquiring certain water and sewer facilities located in the
City. The Bonds shall be designated City of Virginia Beach
Water and Sever Revenue Ponds (P A Corp.).
Section 2.2. Details of Ponds. The Ponds shall be
-i-ii-ege of regi
coupon bonds without Pr v stration, in the
denomination of $5,000 each, shall be numbered from I to 600,
inclusive, shall be dated November 1, 1977, shall bear interest
at the rate of 6% per year, payable semiannually May 1 and
November 1, and shall be payable in installments of $500,000 on
November 1 in each of the years 1989 to 1994, inclusive. Both
principal of and interest on the Bonds shall be payable in
lawful money of the United States of America, but only from
revenues pledged to the payment thereof as hereinafter pro-
vided, at the principal office of Virginia National Bank,
Norfolk, Virginia.
Section 2.3. B2nds_and C2upons. The
Ponds shall be signed by the manual or facsimile signature of
the Mayor of the City of Virginia Beach and countersigned by
the manual signature cf its Clerk, and the City's seal shall be
affixed thereto or a facsimile thereof printed thereon.
Interest coupons attached to the Bonds shall bear the facsimile
signatures of the Mayor and the Clerk.
Section 2.4. Form-of Bonds and Coupons. The Bonds and
the interest coupons to be attached thereto shall be in
substantially the follcwing forms:
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(Form of Pond)
No. $5,000
UNITEr STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY CF VIRGINIA BEACH
Wat- lnd_Sgygr-feveniz Bond (P --Ccri
g L 2.il
The City of Virginia Beach, Virginia, for value
received, hereby acknowledges itself indebted and promises to
pay, solely from the scurce and as hereinafter provided, to
Bearer upon presentation and surrender hereof the sum of
FIVE THOUSAND DOLLARS ($5,000)
on November 1, 19__, and to pay solely from such source
interest hereon from the date hereof to maturity at the rate of
six percent (6%) per year, payable on May 1, 1978, and
semiannually thereafter cn each May 1 and November 1, upon
presentation and surrender of the attached coupons as they
become due. Both principal of and interest on this Pond are
payable in lawful money cf the United States of America at the
principal office of Virginia National Bank, Norfolk, Virginia.
This bond is one of an issue of $3,000,000 vater and
sewer revenue bonds of like date and tenor, except as to number
and maturity, authorized and issued pursuant to the
Constitution and statutes of the Commonwealth of Yirginia,
including the Charter of the City of Virginia Beach (Chapter
147, Acts of Assembly cf 1962, as amended) and the Public
Finance Act, as amended, to provide funds to finance part of
the cost of acquiring certain water and sewer facilities
located in the City. Reference is hereby made to a resolution
of the City Council of the City of Virginia Peach adopted on
November 14, 1977, for a description of tbe property pledged
and the provisions among others, with respect to the nature and
extent of the security, the rights, duties and obligations of
the City, the rights of the holders of the bonds and the terms
upon which the bonds are issued and secured.
The bonds are subject to redemption at the option of
the City in whole at any time on or after November 1, 1987,
upon payment of the principal amount of bonds to be redeemed
plus interest accrued and unpaid to the redemption date and a
redemption premium of one-half of one percent (1/2 of 1%) of
such principal amount for each six month period, or part
thereof, between the redemption date and the stated maturity
date of the bonds to be redeemed, provided that the redemption
premium shall not exceed 3% of such principal amount.
The City Council shall cause notice of the call for
redemption identifying tbe bonds to be redeemed to be published
twice in a newspaper of general circulation published in the
City of Norfolk, Virginia, the first publication of which shall
appear not less than 30 ncr more than 60 days prior to the
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redemption date.
This bond and the issue of which it is a part and the
interest thereon are limited obligations of the City payable
solely from the net revenues derived from the ownership and
operation of the City's water and sewer system, as the same may
from time to time exist. The City is required to charge rates
or fees to users of its water and sever system and fix and
maintain such rates or fees at such level as will produce
sufficient revenues to pay all costs of operation of such
system and the principal of and interest on the bonds and any
obligations heretofore or hereafter issued on account of such
system and secured by a pledge of water or sever revenues, as
the same respectively become due. The bonds and the interest
thereon shall not be deemed to constitute a debt or a pledge of
the faith and credit of the Commonwealth of Virginia or any
political subdivision tbereof, including the City. Neither the
Commonwealth of Virginia nor any politcal subdivision thereof,
including the City, shall be obligated to pay the principal of
or interest on the bonds or other costs incident thereto except
from the revenues pledged therefor, and neither the faith and
credit nor the taxing power of the Commonwealth of Virginia or
any political subdivision thereof, including the City, is
pledged to the payment of the principal of or interest on the
bonds or other costs incident thereto.
All acts, conditions and things required by the
Constitution and statutes cf the Commonwealth of Virginia to
happen, exist or be perfcrmed precedent to and in the issuance
of this bond have happened, exist and havo been performed and
the issue of bonds of which this bond is one, together with all
other indebtedness of the City of Virginia Peach, is within
every debt and other limit prescribed by the Constitution and
statutes of the Commonwealth of Virginia.
IN WITNESS WHERECF, the City of Virginia Beach,
Virginia, has caused this bond to be signed by the facsimile
signature of its Mayor, to be countersigned by its Clerk, a
facsimile of its seal to be printed hereon, tbe attached
interest coupons to be authenticated by the facsimile
signatures of its Mayor and Clerk, and this bond to be dated
November 1, 1977.
COUNTERSIGNED:
[SEAL]
Clerk, City of gin a Mayor, City of Virginia
Beach, Virginia Beach, Virginia
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(Fcrm of Coupon)
No. $ IIZO.00
On May 1, 1978, unless the bond to which this coupon is
attached has been duly called for prior redemption and
provision made for payment thereof, the City of Virginia Beach,
Virginia, will pay to Bearer One Hundred Fifty Dollars
($150.00) in lawful money of the United states of America at
the principal office of Virginia National Bank, Norfolk,
Virginia, being the semiannual interest then due on its Water
and Sewer Revenue Bond (P A Corp.) dated November 1, 1977, and
numbered
Clerk, City o- Irg nia Beach, Mayor, City of Virginia Beach,
Virginia Virginia
Section 2.5. Delivery of Bo-nd-s. Upon the fulfillment
of all conditions to t@-e-zity's obligations under the Stock
Purchase Contract, the Maycr, the City Manager and the CitY
Clerk are hereby authorized and directed to execute and deliver
the Bonds to Virginia National Bank, Norfolk, Virginia,
pursuant to a commitment dated October 26, 1977, a copy of
which is attached hereto as Exhibit A.
Section 2.6. Re.Elq_Unent of Mutilated,_Ig.SSt ol:
Destroyed-Bond. Shoul@ any of the Bonds become mutilated or be
lost or destroyed, the City Council, subject to approval of the
State Commission on Local rebt, shall cause to be executea and
delivered a new Bond of like date, number and tenor in exchange
and substitution for, and upon cancellation of, such mutilated
Bond, or in lieu of and in substitution for such lost or
destroyed Bond. Such new Pond shall be executed and delivered
only when the holder has (a) paid all reasonable expenses and
charges in connection therewith and (b), in the case of a lost
or destroyed Bond, has (1) filed with the City Treasurer
evidence satisfactory to him that such Bond was lost or
destroyed and that he was the owner thereof and (2) furnished
to the City Treasurer indemnity satisfactory to him.
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ARTICLE III
RedgnEtion of Ponds
Section 3.1. Redgap o _Provisjons. The Bonds may be
redeemed at the option of the City in whole at any time on or
after November 1, 1987, upon payment of the Principal amount of
Bonds to be redeemed plus accrued interest to the redemption
date and a redemption premium of one-half of one percent (1/2
of 1%) of such principal amount for each six month period, or
part thereof, betveen the redemption date and the stated
maturity date of the Bonds to be redeemed, provided that the
redemption premium shall nct exceed 3% of such principal
amount.
Section 3.2. Notice of-Redemption. The City Council
shall cause notice of the call for redemption identifying the
Bonds to be redeemed tc be published twice in a newspaper of
general circulation published in the City of Norfolk, Virginia,
the first publications of which shall appear not less than 30
nor more than 60 days pricr to the redemption date.
Upon the happening of the above conditions and if on or
before the date fixed for redemption funds shall be deposited
with the City's Director of Finance to pay principal of and
interest accrued on the Ponds called for redemption to the
redemption date, the Bcnds thus called for redemption shall
cease to bear interest from and after the redemption date and
shall no longer be entitled to the benefits provided by this
resolution.
ARTICLE IV
Revenlles_And Bond F-d
Section 4.1. Pevenue Covenant. The City Council
covenants and agrees that so long as any of the Bonds are
outstanding and unpaid the City will:
(a) charge rates or fees to users of the System
and fix and maintain such rates or fees at such level as will
produce sufficient revenues to pay the cost of operation and
administration, the cost of insurance against loss by injury to
persons or property and the principal of and interest on the
Bonds and any other bonds or notes heretofore or hereafter
issued on account of the System and secured by a pledge of
water or sever revenues, as the same respectively become due;
(b) apply the revenues derived from the ownership
and operation of the System in each fiscal year first to the
payment of such costs of such operation, administration and
insurance during such year, then to the payment of the Bonds
and any other bonds or nctes heretofore or hereafter issued on
account of the System and secured by a Pledge of water or sever
revenues becoming due in such year; and
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(c) segregate and keep segregated from all other
City funds all revenues derived from the ownership and
operation of the System and keep Proper records and accounts
therefor, separate and apart from all other records and
accounts.
Section 4.2. Bond Fund. There is hereby established
the Water and Sever Revenue Bond Fund: P A Corp. which shall
be held by the City's Director of Finance and in which there
are established an Interest Account and a Principal Account.
At least one business day before each May I and November I the
CitY's Director of Finance shall deposit into the Bond Fund
from Net Revenues such amount, if anY, as may be required to
make the total amount on deposit therein equal to the amount of
Principal and interest which will become due on the Bonds
within the next succeeding six months. The City's Director of
Finance shall pay the principal of and interest on the Bonds
from the Bond Fund as the same become due. The Bond Fund hall
be used solely for the PaYment of principal of and interest on
the Bonds.
Section 4.3. Pled22-of_Net_Revenues and Pond Fund.
All Net Revenues are hereby pledged to the Payment of the
principal of and interest on the Bonds and any other bonds or
notes heretofore or hereafter issued on account of the System
and secured by a pledge cf water or sewer revenues. All moneys
in the Bond Fund shall be trust funds and are hereby pledged to
the payment of the principal of and interest on the Bonds. The
lien and trust hereby created are for the benefit of the
Bondholders and for their additional security until all of the
Bonds have been paid.
Section 4.4. Parit.Y-Obliqations. The Bonds are on a
parity with other obligaticns of the City heretofore issued and
payable from Net Pevenues. Subject to Section 5.4, the City
reserves the right to issue additional bonds or notes Payable
from either gross revenues or Net Revenues, with or without a
pledge of its full faith and credit, ranking equally with the
lien and charge of the Bcnds.
ARTICLE V
Particular Covenants
Section 5.1. Generql- The CitY hereby Particula
covenants and agrees wit the holders of the Bonds and mak.s
Provisions which shall become a part of its contract with suci
Bondholders as set forth in the following sections of this
article.
Section 5.2. Paymgnt of Bonds. The City shall pay the
principal of and interest on the Bonds as the same become due
and shall observe and perform all covenants, conditions and
agreements contained in the Bonds and this resolution; pro-
vided, however, that such obligations are not general
obligations of the City but are limited obligations payable
solely from the revenues pledged therefor. The Bonds and the
interest thereon shall nct be deemed to constitute a debt or a
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ARTICLE VII
Amendments
Section 7.1. Amendments without Conse-n-t. The City
Council shall have the right, from time to time, without the
consent of any of the Bondholders to adopt resolutions supple-
mental hereto, not inccnsistent with the terms and provisions
hereof:
(a) to cure any ambiguity or formal defect or
omission or to correct any inconsistent provisions in this
resolution or in any supplemental resolution;
(b) to grant to or confer upon the Bondholders any
additional lawful right, remedy, power, authority or security;
and
(c) to add cther covenants and agreements to be
observed by the City Council or to surrender any right or power
herein reserved to or conferred upon the City Council.
Section 7.2. Reciuirinq C2nSSEnt. The
holders of not less than two-thirds in aggregate principal
amount of the Bonds then outstanding shall have the right, from
time to time, but only pursuant to this section, to consent to
and approve the adoption cf such resolution or resolutions
supplemental hereto as shall be deemed necessary or desirable
by the City Council for the purpose of modifying, altering,
amending, adding to or rescinding, in any particular, any of
the terms or provisions ccntained in this resolution or in any
supplemental resolution; provided, however, that notbing herein
contained shall permit or be construed as permitting (a) an
extension of the maturity cf any installment of principal or
interest on any Pond, or (b) a reduction in the principal
amount of any Bond or the rate of interest thereon, or (c) the
creation of a lien upon or a pledge of revenues other than the
lien and pledge created by this resolution, or (d) a preference
or priority of any Bond cr Bonds over any other Bond or Bonds,
or (e) a reduction in the principal amount of Bonds required
for consent to such supplemental resolution. Nothing herein
contained, however, shall be construed as making necessary the
approval by Bondholders of the adoption of any supplemental
resolution authorized by Section 7.1.
Section 7.3. Adcpti2n and C2nsent to Amendment. If at
any time the City CounciT desires the adoption of any
supplemental resolution for any of the purposes of Section 7.2,
the City Council shall cause notice of the proposed execution
of such supplemental resclution to be published once in a
newspaper of general circulation published in the City of
Norfolk, Virginia. If, because of the temporary or permanent
suspension of the publication or general circulation of any
newspaper or for any other reason, it is impossible or
impractical to publish such notice, then such reasonable
publication in lieu thereof as shall be made by the City
Council shall constitute a sufficient publication of notice.
Such notice shall briefly set forth the nature of the proposed
supplemental resolution and sball state that copies thereof are
on file at the office of the City Clerk for inspection by all
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- 2 5 -
Bondholders. If, within 60 days or such longer period as shall
be prescribed by the City Council following the giving of such
notice, the City Council shall file in its office an instrument
or instruments in writing purporting to be executed by the
holders of not less than two-thirds in aggregate principal
amount of the Bonds then cutstanding, which shall refer to the
supplemental resolution and shall specifically consent to and
approve the adoption thereof, together with a certified copy of
such supplemental resolution and the written opinion of counsel
for the City stating that such resolution has been duly
adopted, is authorized or permitted by this resolution and is
valid and legally binding upon the City and enforceable in
accordance with its terms, such supplemental resolution shall
thereupon be effective as to the holders of all the Bonds then
outstanding, whether or not such holders shall have consented
thereto. Upon the adoption of any supplemental resolution for
any of the purposes of Section 7.2, a certified copy thereof
shall be filed in the office of the City Clerk for inspection
by any Bondholder.
Section 7.4. Amendment by Unanimous Consent. Notwith-
standing any other provision herein, the City Council may amend
any term or provision of this resolution or any supplemental
resolution upon adoption of a supplemental resolution and the
filing of certified copies of such supplemental resolution,
together with the written consent thereto of the holders of all
the Bonds then outstanding, as provided in Section 7.3.
Section 7.5. Effggt_2f_,&Z@dmentZ. This resolution
sball be deemed modifi@d and amended, and the respective
rights, duties and obligations hereunder of the City and all
holders of the Bonds then outstanding shall be determined and
enforced under the provisions of this resolution, as so
modified and amended, upon the effective date of any amendment
as provided in this article.
ARTICLE VIII
Defeasance
Section 8.1. Discharqe ul?on Payment of Bonds. If the
Bonds shall have become due and payable in accordance with
their terms or otherwise as provided in this resolution and the
full amount of the principal and interest so due and payable
upon all the Ponds then outstanding shall have been paid at the
time and in the manner Provided therein and in this resolution,
or if the Bond Fund contains cash or noncallable direct
obligations of the United States of America the principal of
and interest on which at maturity will be sufficient to pay at
maturity the principal of and interest on all Bonds then
outstanding, then the right, title and interest of the
Bondholders in moneys and funds pledged under this resolution
and all covenants, agreements and other obligations of the City
to the Bondholders under this resolution shall cease, terminate
and be void and tbe City shall be discharged from its
obligations hereunder. In such event all moneys afid securities
not required for the payment of principal and interest on the
Bonds may be used by the City for any lawful purpose.
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ARTICLE IX
M.iggellaneoijE
Section 9.1. Contract with Bondholders- The pro-
visions of this resolu@icn shall constitute a contract between
the City and the Dondholders for so long as anY of the Bonds
and the coupons appertaining thereto are outstanding.
Section 9.2. L_qth.Qritl of-OffiEeLs an"afnte- The
officers and agents of the City shall do all acts and things
required of them by this resolution and the Bonds for the
complete and punctual performance of all the terms, covenants
and agreements contained therein.
Section 9.3. Filinq_2f_Resolution and Publication of
Notice. The City Clerk is hereby authorized and directed to
see to the immediate filing of a certified copy of this
resolution with the Circuit Court of the City of Virginia Beach
and within ten days thereafter to cause to be published once in
a newspaper having general circulation in the City a notice
setting forth (1) in brief and general terms tbe purpose for
which the Bonds are to be issued and (2) the amount of the
Bonds.
Section 9.4. limitation of Riqbts. Nothing expressed
or mentioned in or to be implied from this resolution or the
Bonds is intended or shall be construed to give to any person
or company other than the parties hereto and the holders of the
Bonds any legal or equitable right, remedy or claim under or in
respect to this resoluticn or any covenants, conditions and
agreements herein contained in this resolution, and all of the
covenants, conditions and agreements hereof are intended to be
and are for the sole and exclusive benefit of the City and the
holders of the Ponds as herein provided.
Section 9.5. Notice. Any provision in this resolution
for the giving, filing, mailing or delivery of notice or other
papers to the City shall be deemed fully complied with if and
when such notice or other papers are sent by first class
registered or certified mail, return receipt requested, to the
City Attorney of the City of Virginia Beach, Municipal Center,
Virginia Beach, Virginia 23456.
Section 9.6. Headin2s. Any headings in this
resolution are solely for convenience of reference and shall
not constitute a part of the resolution nor shall they affect
its meaning, construction or effect.
Section 9.7. Condit,1211E_Precidelit. Upon the issuance
of any Bonds all acts, ccnditions and things required by the
Constitution and statutes of the Commonwealth of Virginia or by
this resolution to have happened, exist and to have been
performed precedent to or in the issuance of such Bonds shal2
have happened, exist and have been performed.
Section 9.8. S_q@glability. The provisions of this
resolution are bereby declared to be severable. If any court
of competent jurisdiction shall hold any provision of this
11114177
2 1 -
the provisions of any applicable bankruptcy laws.
Section 6.2. Remedies upon Default. Upon the
-Tholders shall have
happening of an Event 0 e ault, the Bon
the following rights and remedies:
(a) The holders of not less than 50% in aggregate
principal amount of the Ponds then outstanding may, by written
notice filed with the City Manager, declare the principal of
the Bonds then outstanding to be immediately due and payable,
and upon such declaration such Bonds shall become and be
immediately due and payable, anything in the Ponds or in this
resolution to the contrary notwithstanding. If, however, the
City shall thereafter make good such default and any other
default hereunder (except default in payment of principal of
the Bonds so declared payable) the holders of not less than 20%
in aggregate principal amount of the Bonds then outstanding
shall, by notice in writing filed with the City Manager,
rescind and annul such declaration and all its consequences,
but no such rescission or annulment shall affect any subsequent
default or right relative thereto.
(b) The holders of not less than 50% in aggregate
principal amount of the Ponds then outstanding may proceed to
protect and enforce the rights of the Bondholders by a suit,
action or special proceeding in equity or at law, either for
the specific performance cf any covenant or agreement or
execution of any power, cr for the enforcement of any proper
legal or equitable remedy as may be deemed most effectual to
protect and enforce such rights.
Section 6.3. ARpligition of Moneys. All moneys
received pursuant to any right given or action taken under the
provisions of this article shall, after payment of the cost and
expenses of the proceedings resulting in the collection of such
moneys, be deposited in the Bond Fund, and all moneys in the
Bond Fund shall be applied as follows:
(a) Unless the principal of all the Bonds shall
have become or shall have been declared due and payable, all
such moneys shall be applied:
First - To the payment to the persons entitled
thereto of all installments of interest then due on
the Bonds, in the order of the maturity of the
installments of such interest and, if the amount
available shall not be sufficient to pay in full
any particular installment, then to the payment
ratably, acccrding to the amounts due on such
installment, to the persons entitled thereto,
without any discrimination or privilege; and
Second - To the payment to the persons entitled
thereto of the unpaid Bonds which shall bave become
due (other than Bonds called for redemption for the
payment of which moneys are held pursuant to the
provisions of this resolution), in the order of the
due dates of Euch Bonds, with interest on such
Bonds from the respective dates upon which tbey
become due and, if the amount available shall not
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be sufficient to pay in full Bonds due on any
particular date, together with such interest, then
to the payment ratably, according to the amount of
the Bonds due on such date, to the persons entitled
thereto, without any discrimination or privilege.
(b) If the principal of all the Bonds shall have
betome due or shall have been declared due and payable, all
such moneys shall be applied to the Payment of the principal
and interest then due and unpaid upon the Bonds, without
preference or priority of principal over interest or of
interest over principal, cr of any installment of interest or
principal over any other installment of interest or principal,
ratably according to the amounts due respectively for interest
and principal, to the persons entitled thereto, without any
discrimination or privilege.
(c) If the vrincipal of all tbe Ponds shall have
been declared due and payable and if such declaration shall
thereafter have been rescinded and annulled under the
provisions of this article, then, subject to the provisions of
subsection (b) of this section in the event that the principal
of all the Bonds shall later become due or be declared due and
payable, the moneys shall be applied in accordance with the
provisions of subsection (a) of this section.
Whenever moneys are to be applied pursuant to the
provisions of this secticn, such moneys shall be applied at
such times and from time to time, having due regard to the
amount of such moneys available for application and the likeli-
hood of additional moneys becoming available for such
application in the future. Whenever such moneys shall be
applied, a date shall be fixed (which shall be an interest
payment date unless another date shall be more suitable) upon
which such application is to be made and upon such date
interest on the amounts cf principal to be paid on such dates
shall cease to accrue. Such notice as appropriate shall be
made of the deposit of any such moneys and of the fixing of any
such date, and no payment shall be required to be made to the
holder of any Bond until such Bond shall be presented for
cancellation if fully paid.
Section 6.4. Restriction on-IndeRendent_Slj.1ta. No
Bondholder shall have any right to institute any suit, action
or special proceeding in equity or at law for the execution of
any trust hereunder or for any other remedy hereunder except as
herein provided. It is understood and intended that no
Bondholder shall have any right in any manner whatever by his
action to affect, disturb or prejudice the security of this
resolution or to enforce any right hereunder except in the
manner herein provided and that all proceedings in equity or at
law shall be instituted, bad and maintained in the manner
herein provided and for the benefit of all Pondholders.
Nothing in this resolution or in the Bonds shall affect
or impair the obligation of the City, which is absolute and
unconditional, to pay when the same shall respectively become
due and payable and at the place provided therein the principal
of and interest on each cf the Bonds to the respective holders
thereof, or affect or impair the right of action, which is also
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absolute and unconditional, of any holder to enforce such
payment of his Bond; provided, however, that such obligations
are not general obligaticns of the City but are limited
obligations payable solely from the revenues pledged therefor.
Section 6.5. Waivers of Events of Default. Any Event
of Default shall be waived upon the uritten request of the
holders of (a) a majority in aggregate principal amount of
Bonds then outstanding in respect of whicb default in the
payment of principal and/or interest exists or (b) a majority
in aggregate principal amcunt of Bonds then outstanding in the
case of any other default; provided, however, that there shall
not be waived without the consent of the holders of all Bonds
then outstanding any Event of Default in the payment of
principal of or interest on any outstanding Bonds at the date
of maturity specified therein unless, prior to such vaiver, all
arrears of interest or all arrears of payments of principal
when due, as the case may be, shall have been paid.
Section 6.6. Restoration of Piqhts after Proceedina.
If any proceeding shall @e undertaken by Bondholders and
thereafter shall be disccntinued or abandoned, the City and the
Bondholders shall be restored to their former Positions and
rights as if no proceeding had taken place.
Section 6.7. D.11;1,Ction@f Pl:pseedincf_hx_FRndh2ldIrE.
Anything in this resolution to the contrary notwithstanding,
the holders of a majority in aggregate principal amount of the
Bonds then outstanding shall have the right to direct the
method and place of conducting all remedial proceedings to be
taken hereunder; provided, however, that such direction shall
not be otherwise than in accordance with law or the provisions
of this resolution.
Section 6.8. relay and Waiver. No delay or omission
on the part of the Bondholders to exercise any right or power
accruing upon any default or Event of Default shall impair any
such right or power or shall be construed to be a waiver of any
such default or Event of Default or acquiescence therein, and
every such right and power may be exercised from time to time
as often as may be deemed expedient. No waiver of any default
or Event of Default hereunder by the Bondholders shall extend
to or shall affect any subsequent default or event of default
or shall impair any rights or remedies consequent thereon.
Section 6.9. Remedies Cumulative. No remedy conferred
hereby is intended to be exclusive of any other remedy, and
every remedy shall be cumulative and in addition to every other
remedy herein or now or hereafter existing in equity, at law or
by statute.
- 2 0 -
pledge of the faith and credit of the Commonwealth of Virginia
or the City. Neither the Commonwealth of Virginia nor the City
shall be obligated to pay the principal of or interest on the
Bonds or other costs incident thereto except from the revenues
pledged therefor, and neither the faith and credit nor the
taxing power of the Commcnvealth of Virginia or the CitY is
pledged to the payment of the principal of or the interest on
the Bonds or other costs incident thereto.
Section 5.3. Op_erati2n-And Maintenance. The City
shall establish and enforce reasonable rules and regulations
governing the use of and the services furnished by the System
and maintain and operate the System In good condition and
repair. The City shall comply with all valid acts, rules,
regulations, orders and directions of any legislative,
executive, administrative or judicial body applicable to the
System.
Section 5.4. Igg2-4nL:e of Otber Obll_q2tiollE. So long
as any of the Bonds are cutstanding, the City will not, without
the prior written consent of the holders of the Bonds, create,
incur, assume or guarantee any indebtedness or other obligation
in connection with the System secured by a lien on water or
sewer revenues which is superior to the lien thereon securing
the Bonds. The City may, without the consent of the holders of
the Bonds, create, incur, assume or guarantee any indebtedness
or other obligation in connection with the System secured by a
lien or charge upon part or all of the revenues of the System
ranking equally with the lien and charge of the Bonds.
ARTICLE VI
Remedies Of Bondholders
Section 6.1. Event of Default Defined. Each of the
following events is herety declared an Even @of Default:
(a) Failure to pay principal of or interest on any
of the Bonds when the same shall become due and payable, either
at maturity or upon maturity by declaration;
(b) Default on the part of the City in the due and
punctual performance of any of the covenants, conditions,
agreements and provisions contained in the Ponds or in this
resolution and to be performed by it, and such default shall
have continued for 60 days after written notice, specifying
such default and requiring the same to be remedied, shall have
been filed with the City by the holders of not less than 50% in
aggregate principal amount of the Bonds then outstanding;
(c) The System or any substantial part thereof
shall be destroyed or damaged and for any reason shall not be
promptly repaired, replaced or reconstructed; or
(d) Appointment by a court of competent
jurisdiction of a receiver for the System or approval by any
such court of any petiticn for reorganization of the City or
rearrangement or readjustment of the City's obligation under
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11/14/77
2 7 -
resolution to be invalid and unenforceable, such holding shall
not affect any other provision hereof.
Section 9.9. Effective Date. This resolution shall
take effect immediately.
First Reading: November 7, 1977
Second Reading: November 14, 1977
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day
of November 1977.
ITEM #11463
On motion by Councilman Baum, seconded by Councilman Riggs, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Floyd E. Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to approve on second reading the following resolution authorizing
the issuance of $5,100,000 Water and Sewer Revenue Notes (P A CORP.) of the City of
Virginia Beach, Virginia, and providing for the form, details and payment thereof:
Certified to be a true excerpt from the minutes of the City Council of the City of Virginia
Beach, Virginia, adopted November 14, 1977
Richard J. Webbon, City Clerk
-15-
1 1 / 1 47 7
2 8-
1 1 /9 /7 7
P RESCLUTTCN AUTFCRIZINC THE TSSUANCF CF SF,,100,000
WAI-FP ANI@ '-FWEP PI-VFFtiF N'Cll--@ (r, t, CCFP.) OF TP.E CITY
OF V'PCT@TA EFACI!, VIPRTN'TA, AND Pp(',V@DINC POP TF@F
A.Rr PPYMFNT THrp@,C@F
WHEPEAS, as: a part of a prcqrair. 'or acquiring water and
sewer facilities located within the loundarie-- of the City, the
City Council has deterinined tl,.at i-t is desirahl,- to acquire the
sewer systems of Princess Anne Utilities Corporation and
Aragona Utiliti-es Corr,cration and the water ar,.d sc-,wer system of
Per.broke Ut4@liti,es, Tnc.; and
WlqFPFAS, the City proposes to acquire such systems by
the purchase of the stcck cf P A Corp. wbicb cwns all the stock
of Princess Annc- tttilities Corporati.op., Aragona titiliti@-s
Corporation and f@mbrokp Utilities, Inc. and @ollowing such
acquisition to dissclve the corrorati-cns and to intf-'grate their
water ard/or spwer systems into the City'.- water and sever
system; and
WHEPEPS, the City has entered into a contract with thc-
owners of all tt@E stock cf P A Corp. for the purchasp. of such
stock; and
WPEREAS, the City Council by ordinarcc- adcpted cn
October 24, 1977, has authcrized the i.ssuance of two separate
issuep of obligations in an aggreqate !'rircipal amount not to
excep.d $8,100,000 as contemplated by the f-nrecoiT).g contract,
including the issuance c' water and sewc-r revenue notes in an
amount not to ex,7,eed S5,100,000;
BE IT ELSOLVED PY THF COUNCIL OF -HI:.' CITY OF VTPGTNIA
EFACH, VTPCINIA:
APTICLF I
Df-,.@initions
Section 1.1. Definitions. Whenever used in this
. i-------
resolution, unlesf a dif erent meaning clearly appears from the
context, the followina wcrds and terms sball hav- the following
meanings:
"City" she.11 mean the City of Virqipia Peach, Virginia.
"City Council" shall mean the Council of the City of
Virginia Eeach, Virginia.
"Event of Default" shall mean any of the events
enumerated in Section 6.1.
"Interest Account" shall mean the Interest Account in
the Note Fund established by Fection 3.2.
"Net Fevenues" shall ipean tbe revenues derived from the
ownership and oppration cf the Fystem less costs olf operation,
administration and insurance.
11/14/77
-29- '
"Notp Fund" -,hall mean the Water and Sewer Revenue Note
Fund: P A Corp., estab'-4---hed by Section 3.2.
"Noteholdpr" shall mc-an the registered owner of any
Note.
"Notes" shall mein water and sewer revenle notes in an
aggregate principal amount not to exceed 85,100,000 authori-zed
to be issued by a rescluticn adopted by the rity Council on
November 14, 1977.
"Sinking Fund Account" shall mean the Sinkina Fund
Pccount in the Note Fund estatlished !,y Section -.2.
"Stock Purchase rcntract" shall irean the acreement
between Edward F. Garcia and John X. Aragona, as the owners of
all the stock of P A Cerp., and the City datee (.Ictober 26,
1977.
"Eystem" shall mean the water and sewer system of the
City, as it may exist frcm time to time, and shall. include the
sewer systems of Princess Anne Utilities Corporation and
A.ragona Iltilitic-s Corporation and the water and Pewer @ystem of
Pembroke Utilitic-.s, Inc.
ARTICLE 11
Section 2.1. Aulh2LlzlLti2n_2f N2tes. There are hereby
authorized to be issued water and sewer revenue notes of the
City in the aggregate principal amount of Five Million One
Hundred Thousand Dollars ($5,100,000) Lr such lesser amount as
tbe City Manager may determine to be required by the Stock
Purchase Contract to provide funds to finance in part the cost
of acquiring certain water and sewer facilities located in the
City through the purchase of all the stock of P A Corp. The
Notes shall be desionated City of VirginiR Peach Water and
Sewer Revenue Notes (P A Cerp.).
Section 2.2. DStillk-21-ii2ttl. The Notes shall be
issued as fully registered Noter without coupons in th,-
denomination of S100,000 each, shall be numbered from P-1
upward, shall be .Aated December 15, 1977, shell bear interest
at the rate of 6v per year, payable semiannually June ls and
December 15, and shall be rayable on December 15, 2002, without
option of prior prepayment. Not more than two of thv Notes may
be of such other denomination as required by the Stock Purchase
Contract. Both principal cf and interest on the Notes shall be
payable in lavful money cf the United States of America, but
only from revenues pledged to t@e payment t@.ereof as herein-
after provided. Principal shall be payahle upon presentation
and surrender of Notes at the main office of the City @rea-
surer. Interest shall be payable by check nr draft mailed to
the registered ouriers at thej.r addresses as they &PT)ear oi) the
registration hooks.
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11/14/77
- 30-
F-ctic)n 2.3. Exccutior, rf Not(-S. -he, Nctc-s shall be.
E Vi 7ria Et-ach and
signed !y the MaYor cf the ItY Cf rc,-i
countersianed by its Cler@, and th@- City's se2l shall bc
affixed thereto.
q
,ecti-on 2.4. Fcrm of Nctes. Tb@ Nctes shall be in
substantially th@ fc'@lcwlng 7
orm.
(Fcrm of Note)
No. p $100,000
The City of Virginia Peach, Virgiria, for value
receivet', hereby ack,-cwledg,?E, it.@-lf irdt-.tted ane promi-se-@ to
pay, without opt@-on of pri-or pr,-paynent, solely from the source
and as hereinaf-c-r nrovidt-,d, to --------------------
upon presentatior and surrender @e-r-e-c-f-, -t p sup cf
ON.7 Ht'NDRED THCUSANP ROLIAPF (SlOo,coO.00)
on Deceirber 15, @(1,02, and to pay, solely from such source,
interest herpon from the date hereof to raturi-ty at the rate cf
six rercent (r@) rer year, payable or. Jun, 1", 197e, and semi-
a.T,,r,ually thcr(.after cn each Jure 1E anO. r,-cember l@. Thc-
rrinc-*Ipal of tb4@s note shall le paid at the mlin office of the
City Treasurer. Tnterest sball b@ pai-d !y c@eck @, draft
mailed to the hclder at I or such
other address as may fre, tire to timc- be des@-gnatf'.d in writing
filed by the holder wi-th the City Treasurfr. "oth principal
and intcrest shall be pai-d in lawful monc@y of the United States
of America.
-ihis notc- is one of the City's @l,loc,000 water and
sc-wcr revenuc- not.e-s (iiic Lecep.@.Ier 15, 2001-, isE;ue@-- @ursuant to
an agreement betwpen Edward F. Garcia and John X. Aragona ("he
Seller.q) anO thr- City of Virgini-a Reac7h dated Cctcher 26, 1977
(tb@? AQreement), for tbE sale by the Sellprs @,nd thp. purchase
l,y the City of all the capital stock of 1- A Ccrp. as the owner
of three corpcrat-'-ons orcrati.ng t2tility EyEtcTps in the City.
Reference is herery made to a reso'-uti-or of the rity CouncJ.1 of
the (7.ity of Virginia Peach adcptel on Novemler 14, 1977, for a
desc-,r4-ptior, of th@ r,,rcperty pledqed and the rrovisions, airong
ot,hers, with respect tc the nrture and --Xtent of the seclrity,
t@e rights, dLti--s and chligaticns )f the ('ity, the ric.,hts of
"he holders of the notes and the terms uron which the notes are
i-ssued and secured.
This note and thE issue. of which it is a part end the
interest th,-rc-on are Ii-mi-ted oblicatirns of the City payable
solely from tbe net revenues Oerived from tl.e cwnership and
operation of thp City's water and sewer syster, as the. same may
from ti,.Re to time exist. The City is rpouir-d to charge rates
or fpes to uscrs of its water and sewer system and fix and
irpintain such ret,?s o, fees at such level as will produc-
sufficient revenue to pay all costs of oreratio- of sucb system
and the principal o-- and in"erest on the notes and any ohliqa-
tions hereto-forf or hereafter issued on ac-,court of such -ysten@
11/14/77
- 31-
ar@d @-ecured l@y @- r l@,igr rf watcr o-- scwc-r revr-nuc-S, as the sarnp
rc-@pc-ctively hc--cote di)p. lhc- notes and the iriterc---t threon
shall not te deerc-d to ccnstitute a dE,,It or a PIP@ce Of the
faith and credit of the Commonw@alth of Vircinia or any
r,olitical subd-@vision threof, including th@ City. Neither the
Comnonwealth of V.i-,gi-nia ncr any politicpj subdi-v4@sicr tbereof,
includina thc- City, shall be obligated to pay th- prin(,ipal 0.1
cr interest on thp notes cr cther costs incid@nt theretc c--xcept
fror the revenues pledged therefor, and neither the faith and
credit nor the taxing pcuer of the Commonwealth cf Virclinia or
any political subdivision thereof, includinc the (7ity, is
rled,ipd to thp payment of the princ'-pal of or inter@st on the
notes or other costs inc4-dent theret@.
The City shall have th(-. richt to offset @gainst any
r)ayments of princi-ral- and interest due on tbis note any arounts
due th,- City pursuant to the Fellers' indemni-,Ficaticn provision
contained in the Pgreepent.
The sc-cutity fcr this note is sillject tc suhstitution
F,,t th- option o' the City for other security as morp srecifi-
cally sE-t forth in the Agreerent.
IN WI@TNF@S WHFPECF, the City of Virginia Peach,
Vi.rginia, has caused this note to be sic-ed by its Mayc,,r, to he
counti,rsianed by it@ Cl(-rk, i-ts seal t@ !e affixed hereto, and
this note to be dated Eecember 15, 1977.
7----------- 7-7--
(SFP 11 ia--y-o-r-,--@'ity of Vireinia Teac@,
Virqinia
CCUNTFP IG@ED:
-----------------------------
.-Ierk, City of Virginia Peach,
Virginia
-4-
11/14/77
- 3 2 -
Section 2.5. relivc-,ry of NoteE. 11@or, th@ ftilfillment
of all conditiors to thp ity's otliqations under the Stock
Purchase (-ontract, the Maycr, the C4-ty !Iaracer and the (-ity
Clerk are hereby autlori7ed and directeo to execute and dc--Iiver
the Nctes to Edward q. Carcia and Jobn X. Aracona pursuant to
'tlie F7tock PLirc@.a@e Centract.
Section 2.6. rprIacement_of_Mutilated _Icst or
Destro.yed_Note. Fheuld any of the Notes becomp- mutilated or be
lost or destroyed, the C@ty Council, sulject to approval of thp-
State Commission on Local, Debt, Fhall cause to hF executed and
delivered a new Note of like date, number and t(-ner in exchance
and subetituti-or for, and upon cancellati-on of, such mutilated
Note, or in lieu of and in sulstituticr for such left or
destroyc-d Nolp. luch new Notp shall be executed and deliv('red
only when the hclder has (a) raid all @xppns(-,s and
charges in connection therewith and (b), in tie case of a lo@st
or destrcyed Note, has (1) f;@led with the City Trea,@urer
@vidence satisfacto@-y to him that such Nct- was 'lost or
,,Iestroyed and that he was thf, owier t@prc-cf and (2) furnished
to the City TrepF;urer indemnity satisfactory to him.
APTICLF ill
Pevenue,-,_e,nd_@,'cte Fund
Sc-ction 3.1. Revenue Covenant. The City Council
covenants and ac7re(..s that so long a., any c,f tl,- Nctes arc-
outstandina and unpaid th(-. City will:
(a) charge rates or fees to users o' the SyEter
and fix and raintain @uch rates or fees at such level as will
nroduce sufficiprt revenues to pay the cost o' operation and
administration, the cost cf insuranc-e acainst loss -@y i-njury to
persons or prcperty and the principal of and int-rest on the
Notes Pnd any oth-r notes cr tonds heretcfore OT @ereaftpt
issued on account of the Syst@m and secijrf-d ly a nledgc oE
water or sewer revenues, as the same res,ectivp-ly I)ecoue due;
(h) arply th@ revcnucs derived from the ownersbip
and operation of the Fystem in -ach fiscal year @i-rst to the
paym-nt of such costs cf such operation, administration and
insurance durina -,uch year, then to the rayment of the Notes
,,,nd any other bond-- or nctes herctofore C)r @erealter i!zsued on
account o' the @ystem and secured by a pledce of watc-r or sewpr
revenues bpcoming due in such year; and
(c) segregate and ke(-p segrr-cated from all other
-ity funds all revcnup-s derived from th- ownership and
operation of thp System and keep propel- records and accounts
therefor, separate an-d arart from all other records and
acc,,)ur, t,,s .
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11/14/77
- 3 3-
Section 11.2. Note lund. Thpre is bereby established
the Water and Sewer Pevenue Nlcte Fund: P A Ccrp. which shall
he held by thc City's Director of Financr and in which there
are e-tablished @n Tnterest Pccount and a F'irking Furd Account.
(a) @t least cne businees day bcfore each lune 15
and December 15 the City's Director of Finance s@all deposit
irto the Int@rest Account from Net Pevenues sucb. amount, if
any, as may be recuired tc make the total amount on depOS4.t
thcrei-n cclual tc the amount of intere-@t which will become due
on the Notes within the -ext succ(.eding six months. T'pe City's
Director of Finance shall pay the interest on the Notes from
the Tnter,-st Account as the same I-,ecomes due. The Inter(-,st
Ac-.count shall b- used sclely for the paymc-nt of interest an the
Notes.
(I-) Pt least ore lusi-ness dey hc-for,- each Lec-.ember
l@ leginn4-ng I;ecen@bcr l'-, 1991, until peyrent of the, Notes, the
City's rirector )! Finance sball dpposit @E97,900 intc the
Finking Fund Pccount from Net Revenuc-s. The Sinking Fund
Account shall be used solely for the payment cf the principal
of the Nctes (whether at maturity or otherwise). If moneys on
deposit in tbc- -linking Fund Account arp Fufficient to pay the
PTinCiPal Of thc Notes, nc further paympnts '.nto thF-
Fund Account rurslant tc this subparacraph shall be rc.,.Puired.
Section 3.3. Pledge_of Net Revenues and Note Fund.
All Net Revenues ar@ horeiy pledged tc thE payment of the
pr4@nc,ipal cf an interest on thp Notes and any other londf or
note.- heretofore c)r hereafter issued en ;iccount of the lyster
and se@-ured !y a r@lecile cf watpr or s@wer revenues. All moneys
in thp Note Fund shall he trust funds and are herehy pledged to
the payment of th- principal of and interest on the Not-s. The
li-en and trust h@rety created ar@ for the henefif of the
Noteholders and for their additional s@curity until all cf the
Notes have been raid.
Section 3.4. Parity_(',bligalions. The Notk'-s are on a
parity with other obligations of the City hr-rEto+@re issued and
-@ayable from Net @evenues. !7ubject to SEcti-on 5.4, the City
reserves the riobt to issue a@di-tional bond@-, or notes Dayable
from either grofs revenues or Net PevenuEs, with cr vithout a
r-ledge of its full faith and credit, ranking @(!upllY with the
lien and charge cf the Nctes.
APIICLE IV
SkL:uLity.-f-o-r --- D-e.20-si-ts_and_TLveLitmeDt of Note Fund,
Section 4.1. Security_for_Depcsits. All moneys in the
Note Fund and on d(-posit witt anY bank o-r--trust (-orrany in
Virginia shall !e continucusly secured i-n the manner requirc-d
@ly th(- Virginia @erur 4ty for Public rep,@sits Act (Chapter 23,
Title 2.1, Code e-r Virgin"a of 19';O, as Prended), ()r any
successor provision of 'law.
1 4 7 7
3 4 -
Section 4.2. Investrent of Fujids. roneys in the Note
Fund may, P(,ndinc their use, tc-. invested in (a) bonds, notes
and other obligetiors cf the Tyritcd Statt-E. of Airprica and
securities unconditionally cu--ranteed as to paypent e@
pri-nci-pal anfl. irt@re.,t ly tl,.e Uri@eO States c,@ Arpcrica or any
aaency thereof, (I-,) savings account!7 or timp deposits in any
ban@ within the Commonwealth of Vira*,,ni-a, provided s,-,ch bank is
approved --For thc Ieposit cf funds by the Cormonweelth, (c)
Favinas accountf and certificates of (1) savings and loan
associations which are under the supervisi-on cf the Common-
w(-alth of Virginia and (2) Federal asscci-ations organi7ed under
the laws of the United States of America and under Federal
supcrvisior,, lut only tc the extent that such accounts and
certificates are ful-ly insured I,,y the Federal Favi-na-, and Loan
Insurance Corporation cr any succeqsor PC-deral agercy, and (d)
any other investT.,(-nts which are now or iay h-preaf ter be
authori7ed by law for thc i-nvestment of r,ublic si-nkir.@,j funds.
Iloneys in the Not@ rund shall not lp invested in securities or
deposits maturinq later than tbe date such funds are Pxpected
to be needed. Any prcl-it reali7ed frcff Fuch investments may be.
use(' by tl,,e City to pay the cost of operation and admi-nis-
tration of the System. Any loss rc-.--,ultin, frcm such invest-
ments shall be charged tc thc Note Fund.
ARTTCLE V
Particular Covenants
Section @.l. General. The City bereby particularly
7----
covenants and agrees with t e holders @f thp, Notes and makes
provisions whic@ sball leccme a part of its ccntract with such
Ncteholders as Fct forth in the following sections of this
articlc.
Section '@.2. Payffent_of_Notes. The City shall pay the
princi-pal of and intf-rest on the Notes as tbe same ])ecome due
and -@hall observe and rerform all covenants, conditioT)...- end
agreements containee in the Notc-s and this refolution; pro-
vided, however, that such cbligations are not general
obligations of th@ City !,ut are limi-ted cbliqations payable
solely from the revcnues pledced therefor. The rotes and the
interest thereor shall nct he de,,med to constitute a debt or a
pledge of the faith and credit of the Cormonweal.th of Virginia
or the City. Neither the Commonwealth of Virqinia nor the City
shall be obligat@d to pay the principal c,@' or interest on thf.,,
Notes or othc-r costs incident thereto except from the revenues
pledgcd therefor, and neither tbe faith and credi-t nor the
taxin,3 Power of the Commcnwealth of Virainia or the City is
r,lpdged to thp I.,aymcnt cf the. principal of or thp interest on
the Notes or other costs incident th@r4-,tc.
Section 5.3. OReration and Maintenance. The City
sball establish and enforce reasonable rules and regulations
qoverning the use of and the Fervices furnish@d by +be Fystem
and maintain and operate the Fyst,-m in gcoo condition and
repair. The City shall ccmply with all val-*.d acts, rules,
regulations, orders and directions of any lf-,cislativp,
executi-ve, admi-ristrative or --iudicial body arrli-callc- tc the
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11/14/77
3 5 -
Syster.
Section 5.4. Issuance of Other Oblications. So long
as any of the Nctes a-@-e--c-u-t-s-ta-nding, the CiIty --- w-i-li-not, without
the prior written consent of the holders of the Notes, create,
incur, assure or ouarantee any indebtedness or other obligation
in connection with the SyFter secured by a lien on water or
spwer revenues whicb i-s superior to tbe lien th,--reon securing
the Notes. The City may, without the consent of the holders of
the Notes, create, incur, assume or quarpntee any indebtedness
or other obligation in ccnnection with the System secured by a
lien or cbarge upon part or all of the revenues of the System
ranking equally with the lien and charge of the Notes.
ARTICLE VI
Remedies Of Notebolders
Section 6.1. Event of Default Defined. Each of the
following events is herety declared an Fvent cf Default:
(a) Failure to pay principal of or interest on any
of the Notes when the same shall become due and payable, either
at maturity or upon maturity by declaration;
(b) Default on the part of the City in the due and
punctual performance o@@ any of the covenants, conditions,
agreements and provisicns contained in tbe Notes or in this
resolution and to be performed by it, and such default shall
have continued fcr 60 days after writt,-n notice, specifying
such default and requiring the same to be remedied, shall have
been filed with the C4@ty by the holders of not less than 50% in
aggregate PrinciPal ancunt of the Notes then outstanding;
(c) Tbe System or any substantial part thereof
shall be destroyed or damaged and for any reason shall not be
promptly repaired, replaced or reconstructed; or
(d) Appointment by a court of coopetent juris-
diction of a receiver for the System or approval by any such
court of any petition for reorganization of the City or
rearrangement or readjustment of the City's obligation under
the provisions of any applicable bankruptcy laws.
Section 6.2. B2medies_upon_Defallt. TJpon the
happening of an Fvent cf Default, the Noteholders shall have
the fol-lowing riobts and remedie-@:
(a) The holders of not less than 50% in aggregate
principal amount of the Nctes then outstanding may, by written
notice filed with the City Manager, declare the nrincipal of
the Notes then outstanding to be immediately due and payable,
and upon such declaration such Notes shall become and be
immediately due and payable, anything in the Notes or in this
resolution to tbe ccntrary notwithstanding. If, however, the
City shall thereafter make good such default and any other
default hereunder (excert default in payment of principal of
the Notes so declared payablr) the holders of not less than 20%
11/14/77
- 3 6 -
in aggreqatc @rincipal arcunt of the Notes th-n outstanding
E@hall, by nrtice in uriting fi2pd with the City Yarager,
resc'@nd and anntil such d-claration and all i-t, c@n-@ecuences,
hut no su,-h resc'-ssicn cr annulment shall- affect any subspquent
d-fault or ri-ght re'-ativp thpreto.
(I,,) Thp hclders of not less than 507 in aggregate
principal amount rf the Notes then outstanding may proceed to
rrotect and Pnforce the rights of the Noteholders bY a suit,
action or special proceeding in equity or at law, either for
the specific performance cf any covenant or agr,?ement or
execution of any power, cr for th, (-nforcement of anY ProPer
legal or equitatle remedy as may be deemed most effectual to
protect and enforre such riuhts.
Section C.3. ApEli(7ation of II.Oneys. All monc-,ys
- 7
received pursiiant to any right civen cr action taken und,,,r thc-
rrovisions of thi-s article shall, after rayppnt of the cost and
expe,nses .f thp proceedings resulting in the collection of such
moneys, be d(-posited in tbe Note rund, and all ncneys in the
Note Fund shall he applicd as follows:
(a) T'nless the principal of all the Kotes shall
have become or shall have been declared due and payable, all
such moneys sball be applied to tbe payment to the persons
entitled thereto of all 4@nstallments of interist then due on
the Notes, in th(- order cf the maturity of the i-nstallments of
such interest and, if the amount availablc shall not b,-
sufficient to pay in full any particulat instailm.@nt, then to
the payment ratally, acccrding to the amounts dup- on such
i-nstallinent, to the persrns entitlpd th,-reto, without any dis-
crimination or privilege.
(h) If the Trincipal of all the Notes shall have
become due or shall have been declated due and payable., all
such moneys shall be applied to the payment of the principal
and interest then due and unpaid upon the Notes, without
r)reference or priority cf principal over intcrest or of
interest over pri-ncipal, or of any installmr--nt of interest over
any other installment cf interest, ratably, according to the
amounts dut,- .-espectively fcr interest and principal, to the
pcrsons Pntitled thereto, without any di---crinination or
privilege.
(c) Tf the principal of all the Notes shall have
bcen declared due and payable and if sucb declaration shall
thereafter have been rescinded and annulled under the
provisions of thi-@ article, then, subject to the provisions of
subsection (b) o@ this section in the event that the principal
of all the Notes shal@l later lecome due or be declared dup- and
payable, the moneys shall be appli-ed in accordance with the
provisions of subsecticn (a) of this section.
Whenever moreys are to be applied pursuant to the
provisions of this secticn, such moneys shall be appli,-d at
such times and from tive to time, havina due regard to the
amount of such moneys availabl-e for application and the likeli-
hood of additional moneys b,--coming avail@able for such
application in the future. Wbenever sucb ron-ys shall be
applied, a date shall be fixed (which shall h@ an interest
-9-
I 1 47 7
- 3 7 -
rayment datc- un2ess ancther date shall he morc suitahle) upon
which suct, applic@tion i!z to be mad.- ard upon such datp
interest on the 7tmounts cf principal to he paid on such dates
shall cease to acc-ue. Such not'.ce as al-propriate shall be
r,E!de of the der-c-,it of any such monev., and o:F the fixina of any
.@uch date, ard no payment shall he required to @p maee to the
holder of any Ncte until such Not- shall be presented for
ar)propriate (-.nOcrsement cr for canc(..Ilation i-l-F fully paid.
Section 6.4. Festriction-on-Inderend4,nt !7uits. No
----- 7-T --- 0--n ------
Notpholder shall. have any rig t t i stitute any suit, action
or s-lecial proceeding in equity or at law for the execution of
any trust hereurder or fcr any otber remedy hereunder except as
herein provided. It is understood and intended that no
Noteholder shall have any right in any manner wbatever by his
action to affpct, distur@ or prc-judice the securi-ty of this
resolution or te @nfor-e any right hereunder except in the
manner herein prcvided and tbat all proceedinas in equity or at
law shall be instituted, had and inairtained in the MR.Pner
herein T,,rovided and -'or the benc@fit of all Noteholders.
Nothina in thi-s resolution or in the. @,lctes s!iall affect
or impair the obligat4-cn cf tie City, which is absolute and
unconditional, tc pay when the same shall rpspectiv(..ly hecome.
due ard payable end at tbe placc rrovid(-d tberein tht,- principal
of and interest on each cf the Notes to the respective holders
thereof, or affect cr impair the right of act4-on, which is also
absolute and unconditional, of any holder to enforce, such
payment of his Note; provided, @owever, that @uct,. rblications
arp not general obligaticns of the City but are liirited
cbligations nayable solely from tbe revenues pledged therefor.
Section @.S. Waivers of Fvents of-Ec-fauit. Any Fvent
7------- -------
of Default shall le Walved upon the written request of thE,,
holders of (a) a majority in aggregate principal amount of
Nc,,tes then outstanding in respect of whi-ch default in th-
payment of principal and/cr interest exists or (b) a majority
in aggregate principal amount of Notes then outstandina in the
case of any other default; provided, howevpr, t@,at tbere shall
not be wai-ved without the con-qent of the holders of all Notes
then outstanding (1) any Event of I)efault in the payment of
rrincipal of any outstanding Notes at the date o.' maturi-ty
.,pecified therein cr (2) any default in t,@c- p@-yrmnt when due of
thp interest on @ny such Ncte.- unless, prior to such waj.ver or
rescission, all @rrears cf interest or all arrears of payments
of rrinci-p@l wh-P, due, as the case may hp, shall have been
paid.
Section 6.6. Pestcration_of_Pic@,ts after Proce-edinq.
if any proceedino, shall te undertaken by Noteholders and
thereafter shall he disccntinued or abandcned, the City and the
Noteholders shall he restored to their former positions and
rights as if no r.-oceeding had taken place.
Section 6.7. Direction of Proceedin2s_by_NotpboldeLs.
7- -
Anything in this resoluticn to the c--ontrary notwithstanding,
the bolders of a majority in aggregate principal amount of the
Notes then outstanding shall have the ri--Iht to direct the
method and Tlace of conductina all remedial prcceedings to be
taken herc-under; rrovided, however, that such direction shall
11/14/77
- 3 8-
not be otherwisc than in accordance with law or th(.- @@rovisions
of this rescluticn.
Sectir,n 6.F. relay_and_Waiver. No delay or orission
iders to ----
on the part cf tFe Notehc exercise anv richt or power
accruing uron any default or 7vent of Default shall im@-air any
such ri@ht or pcwpr or shall be. c@nstrued to he a waivp-r of anY
such default or Fvent cf Lefault or acquiescence therein, and
every such right and pcwer may @e exercised from tine to time
as often as may le deemem exredient. No waivr o-' any default
or rvcnt of Defaul-t hereunder by thp NotEholders -,hall exter.,d
tc) or shall affc-ct any subsequent default or ven" of default
or shall impair any rights or remedies consequent thereon.
Sectior- 6.9. F;--medips_Cumulativ-. Ne rpmedy conferred
hereby is intended to be exclusive of any other remedy, and
every remedy shp.11 be cumulati.ve and in addition tc @very other
remedy herein or now cr hereafter existinc in equity, at law or
hy statute.
APTICLE VII
Amendments
Sect,'-on 7.1. Amendments without Consent. The City
Council shall have the r-ight, from time tc time, without the
consc-nt of any rf the Noteholders to adopt resolut4-ons supple-
mental hereto, not inccnfistent with thE-, terrs and provisions
hereoll:
(a) to cure any ambiguity or formal defect or
omission or tr, corr(-ct any inconsistent provisions in this
r@solution or ir any supplemental resolution;
(1) to grant to or confer upon the Noteholders any
additional lawful right, remedy, power, autho-ity or security;
a rd
(c) to add cther covenants and agreements to be
observed by the rity Ccuncil or to surrender any richt or power
h@rein reservc-d to or conferred upon the City Council.
Section 7.2. Am=ndments_Peauirinc_Ccnsent. (a) The
holders of not less than' two-thirds in acgrc-gate princj.p-al
amount of the Notes then cutstanding shall have the richt, from
time to tine, but only pursuant to this section, to consent to
and approve the adoption cf such resolution or resolutions
supplemental hereto as s@.all he deemed necessary or desirable
by thp City Counc,@l for the ptirpose of ],CIifying, altering,
amending, adding to cr rr--scindina, in any particuIL4,.-, any of
the terms or provisions ccntained in this resolut4-on or in any
stipplemente.1 resolutioi,; provided, how,-ver, that nothing herein
contained shall Fermit or be construed as permitting (1) an
extension of the maturity of any install-ment of principal or
interest on any Note, cr (2) a reducti-on in the nrincipal
amount of any Note or the rate of intereet thereon, or (3) the
creati-on of a lien upon or a pledge of revenues other than the
lien and r,ledge created by this resolutioy,, or (4) a Preference
11/14/77
- 3 9 -
or priority of any Note cr Notes over any othe'r Ncte or Notes,
or (@1) a reducti-@n in the- principal amount of Notes required
for consent to such supplemental resolution. Nothing hpreir.
contained, however, shall he construed as making necessary the
approval by Notc-holders cf the adoption cf any supplemental
resolution authcrized by !zection 7.1.
(b) The Notes and the Itock Turchase Contract
provide that the security tberefor is suhject under certain
conditions as set forth in the Stock Purchasc- Contract to
substitution at thc-- opticn of the City. The holders of not
less than 90@ in aggregate principal amount of the Notes thc-n
outstanding must approve the adoption of such resolution or
suppleTne,ital re-,olutions as sha2l b,-- deemed necessary Iy the
City Council for 'he purpcse of @ubstituting such security. if
Fdward S. Garcia and John X. Aragona (their personal represen-
tatives, trustees, heirs, legatees, beneficiaries or descen-
dants) are no lonaer hclders of any of the Notes, such approval
shall not be LnreEsonably withheld so lrncy eq the new -@pcurity
for the Notes is of suhstantially equal value to the security
bping substituted. So Icng as they are holders of Notes, the
approval of such substitution by Fdward S. Cercia and John X.
kragona shall be conditi-cned as set forth in tbe Ftock Purchase
Contract.
Section 7.3. Adcption_lnd_Con@Ert_to_Ar,-ndment. Upon
the adoption of any supplemental resolution fcr any of the
piirpo--,es of Secti-on 7.2, a c,?rtified copy thereof shall be
filed in the of-'i-ce of the City Clerk for inspection by any
Noteholder. The City Clerk shall cause a copy of such
supplemental resolution cr a surmary thereof, together with a
re.quest to thc-. ?Tole@.rlders for their cer@sc-nt thereto, to be
sent ),y registered or cL-rtifi-ed irail to cach Noteholder at his
address as it appears cn the regi-.@tration books. Ill, within 60
days or such lon-er period as shall be prescribed ty the City
Council followina the givina of sucb nofice, be ('.ity Council
shall file in itp officp- an instrupent or instruments dn
w-iting purporti-n@ to be. executed by the holders of not less
than two-thirds in aqcrpaate principal anount of the Nc.,tes thc,.n
outstanding, which shall refer to the supplemental resolution
and shall specifically ccnsent to and aprrove the adoption
thereof, togeth@r with a certified copy of such @upplerental
r-solution Fnd, tle written opl-nion nf counsel for the City
stating that such resolution has been duly adopted, is
authorized or permitted by this rc-solution and is valie and
legally binding ijpon the City and en"orceable in accordance
with its terms, such supplemental resolution shall thereupon te
effective as to the hclders of all the Notes then outstanding,
whether or not ruch bolders shall have consented thereto.
Section 7.4. 4rgndm.Qnt_))y TIan rous Consent. Notwith-
standing any othcr provision herein, th@, City Council may amend
any term or provision of this resolution cr any supplemental
resolution upon adopticn cf a supplemental resolution end the
filing of certified ccpics of such supplemental resolution,
together with thc written consent therete of the holders of all
tbe Notes then outstandina, as prcvj,ded in @ection 7.3.
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11/14/77
- 40 -
Section 7.@. Effect of Amendments. This resolution
shall I,.e de(,red rodified and amended, and th,- respective
rights, duties and obligations hereunder cf the City and all
holders of the Notc-s then outetandin@ shall be determined and
enforced under tbe provisions of thi.@ resclution, as so
modified and amended, upcn thp effective date. cf any amendment
as provided in thi-s article.
ARTICIL VIII
I)efeasance
Secti-on P.l. Dischar.2e_upon_FayEent_cf-Notes. If thc-
Notes shall have become due and payable in accordance with
their terms or ot 'I'ervise as provided in t@lis resolution and the
full amour,@t o+/- tl,C rri-ncipal and interest so due and payable
upo,,i all the Notes then cutstanding --hall have. I)een pajd at the
time and in the manner prcvided therein and in this resolution,
or if the Note Fund contain-- cash or noncallable direct
ohligations )f the ITnited States of Ainerica the L)rinciral of
and int(,rest on whit7,h at maturity will Ie sufficient to pay at
maturi-ty the princi-pal of and intcrest on all Notes thpn
outstanding, then the riqht, title and interest C'f the
NoteholderF in thc moneyf, funds and securities Pledged under
thiF resolution and all ccvenents, aarEpTents an@ other
obligations of the City to the Noteholderq un(',(-.r this
resolution shall cease, terminate and he void and the CitY
shall be discharced from its obligaticns hereunder. In such
event all mot).eys and securities not required for the payrert of
principal and int-rest cn the Notes may he us(,d by the City for
any lawful purpof@.
APTICIP "Y
Miscellaneous
Section 9.1. Contract with Noteholders. The pro-
-7------ ----
visions of this r@-,oluticn sball constitute a c(-,ntract between
the City and thc- Notehclders for so long as any of the Notes
a.-e outstanding.
Section 0.2. AlithcEit.X_2f_Officers and-Acents. Tbe
officers and agents of thc City shall @o al acts and things
required of ther by this resolution ard the Notes for th(.@
complete and punctual performance of all the terms, covenants
and agreements contained therein.
Section 9.3. Filinq_of_Pesolution and Publication of
@-7
Notice. The City Cler -IS hereby authorizc-d and directed to
see to tbe imrediat(-- filing of a certified cory of thi--
resolution with the Circuit Crurt of the City cf Virgiria Peach
and withiri ten days thereafter to cause to bE@ published once in
a newspaper hav4l.ng general. circtilation ir, thp City a nctice
setting fcrtli (1) in @,rief and general t@rm.-, thp purpose for
which the Notes Fre t,,) bc ise-.ued and (I-) thc- amount cf thp
Notes.
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11/14/77
- 4 1 -
Section @.4. limitation_of Fi2bts. Nothing expressed
or mentioned in or to be implied from this resolution or the
Notes is intended or shall be construed to cive to any person
or company other ther the parties heretc and the holders of the
Notes any legal or equitable right, rfmedy or claim under or in
respect to this resoluticn or any covenants, cond4-tions and
agreements herein contained in this resolution, and all of the
covenants, cond4-tiors and agreements hereo-I are intended to be
and are for the Fole and exclusive henefit of the City and the
hol.ders of the Yotes as berein provided.
Section 9.5. Nctice. Any provision in this resolution
for the qivina, filing, mailing or delivery of notice or other
papers to the City shall he deemed fully complied with if and
when such notice or otber papers are sent by first class
registered or certified mail, return receipt requestt-,d, to the
City Attorney of the City cf Virginia Feach, Funicipal Center,
Virginia Peach, Virginia 2.3416.
Section 9.6. Beadincs. Any headings in this
rc-solution are solely for convenience of reference and shall
not constitute a part of the resolution nor shall they affect
its meaning, construction or effect.
Section 9.7. Conditions Precedent. lipon the issuance
ol@ any Notes all acts, ccnditions and things required hy the
Ccnstitution and statutes of tbe Commonwealth of Virgiria or by
thJs resolution to hav,-- happered, exist and to have leen
performed precedent to or in th@ issuance of such Notes shall
have happened, Exist and have been performed.
Section 9.8. Severability. Tb-c- rovisions of this
----------- -
resolution are bereby declared to be severable. If any court
of competent jurisdicticn shall hold any provision of this
resolution to he invalid and unenforcealle, sucb holdinq shall
not affect any other provision hereof.
Section 9.9. Effective Date. This resolution shall
take effect immediately.
First Reading: November 7, 1977
Second Reading: November 14, 1977
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day
of November 1977.
Certified to be a true excerpt from the minutes of the City Council of the City of Virginia
Beach, Virginia, adopted November 14, 1977
Richard J. Webbon, City Clerk
-14-
11 /14 7 7
ITEM #11464
Petition of Michael E. Bowerman and Joseph L. Lyle, Jr., for a Change of
Zoning District Classification from R-6 Residential District to A--T Apart-
ment District on certain property located at the Northwest corner of A
Street and Barberton Drive, running a distance of 195 fie"-,along the North
side of A Street, running a distance of 91.14. f6et a-,T@6q the Western
property line, running a distance of 70.26 feet in:an Eastel.-Ily direction,
running a distance of 15 feet in a Southerly direction, ruhhing a distance
of 125 feet in an Easterly direction and running a distance of 70 feet
along the West side of Barberton Drive. Said parcel contains .34 acre.
(Woodland Area). LYNNHAVEN BOROUGH.
Planning Commisson Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 13 to approve this request.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer. A 6 inch water main is available, however,
an extension from Old Virginia Beach Road along Barberton Drive by
the developer is necessary.
Mr. H. Calvin Spain, Attorricy, appeared on this petition
On motion by Councilman Griffin, seconded by Councilman Baum, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. WaLerfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice 14ayor Patrick L. Standing
City Council voted to approve the following ordinance upon petition of Michael E.
Bowerman and Joseph L. Lyle, Jr., for a @n (I of Zoning District Classification
from R-6 Residential District to A-1 Apartment District:
ORDTNA,NCE UPON PETITION OF MICHAEL E. BO@QERMAN Al\'D Z01177290
JOSEPH L. LYLE, JR., FOR A CliAl\'GE OF ZO',41NG DISTRICT
CLASSIFICATION FROM R-6 Residential District TO A-1
Apartment DisLrict
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGliqlA BEACH, VIRCINIA, that:
Petition of Michael E. Bowerman and Joseph L. Lyle, Jr., for a Change of in
District Classification from R-6 Residential District to A-1 Apartment District
on certain property located at the Northwest corner of A Street and Barberton
Drive, running a distance of 195 feet along the North side of A Street, running
a distance of 91.14 feet along the Western properly line, running a distance of
70.26 feet in an Easterly direction, running a distance of 15 feet in a Southerly
direction, running a distance of 125 feet in an Easterly direction and running a
distance of 70 feet alon.@ the West side of Barberton Drive. Said parcel contains
.34 acre. (Woodland Area). Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer. A 6 inch water main is available, however,
an extension from Old Virginia Beacli Road along li@irb@rton I)rj.ve
by the develoi)cr is @,ec-ess@iry.
This ordinance sliall be effective upon date of adoption.
Adopted by the Council of the City of Virgillia Beach, Virgillia, on the
14th day of November , 1977. 11 /1 47 7
ITEM #1-1.465 1; I
Petition of Dadson Investment Corporation, for a Chanqe of Zoninq District
Classification from R-6 Residential District to Apartment Dis
certain property located 20 feet East of Pleasure flouse Road beginning at a
point 186 feet North of North Greenwell Road, running a distance of 226.66
feet along the Western property line, running a distance of 394.26 feet
along the Northern property line, running a distance of 110.26 feet along
the Eastern property line and running a distance of 438.48 feet along the
Southern property line. Said parcel contains 1.572 acres. BAYSIDE
BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 11 for
the motion, I against and 1 abstention to approve this request for A-1
Apartment District.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinace.
7 ritv watpr and sewer.
On motion by Councilman Cromwell, seconded by Councilrnan McCoy, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Rob@,t B. Cromwell, Jr., John R. Griffin, May.r
Clarence A. Holland, J. Henry McCoy, Jr., coun,ilw,,an Meyera E. Oberndorf, j.
Curtis Payne, Roger L. Riggs, and Floyd E. waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor P,,trick L. Standing
City Council voted to approve the following ordinance upon petiti,, of Dad,,,,,,
Investment Corporation for a n e 2f Zon_in- DiSLrict Cia,sification fro,
R-6 Residential District to A-1 Apa,tment District (a m A-2
Apartment District).
ORDINANCE UPON PETITION OF DADSON INVESTMENT Z01177291
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION From R-6 Residential District
to A-1 Apartment District (a ,difi,@ti.,, from
A-2 Apartment District)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, th@L:
Petition of Dadson Investment Corporatio, for a n e 2f in District
Classifi
cation from R-6 Resid@ntial District to A-1 Apart.nt District (a
modification from A-2 Apartment District) n e,tain property located 20
feet East of Pleasure House Road beginning at a point 186 feet North of
North Greenwell Road, running a distance of 226.66 feel along the Western
property line, running a distan,e )f 394-26 feet along the Northern property
line, running a distance of 110.26 feet along the Eastern property line and
running a distance of 438.48 fe,t long the Soutliern property line. Said
parcel contains 1.572 acres. Bayside Borough.
For the information of the applicant, prior to Lhe issuance of a buiiding permit,
the following will be required by the administralive st,ff:
1. Standard improvements as required by the SiLe Plan Ordinance.
2. City water and sewer.
This ordinance shall be effective upon date of adol)tio@.
Adopted by the Council of the City of Vir@,i.nia Beach, Virginia, on @he
14 day of November 1977.
1 11 4 7 7
ITEM #11466
Petition of Hiram L. Overstreet for a Chanqe of Zoninq District Classifi-
cation from R-8 Residential District to I- Light Industrial District on
certain property loca*ed on the North side of I-andstown Road beginning at a
point 618.35 feet East of Princess Anne Road, running a distance of 74.40
feet along the North side of Landstown Road, running a distance of 1127.03
feet along the Eastern property line, running a distance of 74.40 feet
along the Northern property line and running a distance of 1127.03 feet
along the Western property line. Said parcel contains 1.92 acres. PRIN-
CESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A buffer is to be provided alonq the Western property line,
Mr. Thornas C. Broyies, Attorney, represented the petitioner
On motion by Councilman Payne, seconded by Counciiman Waterfield, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice mayor Patrick L. Standing
City Council voted to approve the following ordinance upon petition of Hira. L.
OverstreeL for a n e of Zoning District Classification fro, R-8 Re,id,nti,l
District to T-1 Light IiiTu-strial istrict.
ORDINANCE UPON PETITION OF lil@l L. OVERSTP@EET Z01177292
FOR A CHANGE OF ZONING DISTRTCT CLASSIFICATION
FROM R-8 Residential District TO 1-1 Light
Industrial District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that:
Petition of Iliram L. Overstreet for a Cha-nle of in District Classification
from R-8 Residential District to 1-1 Light InTustrial District on certain property
located on the North side of Landstown Road beginning at a point 618.35 feet East
of Princess Anne Poad, running a distance of 74.40 feet along the '@orth side of
Landstc)wn Road, running a distance of 1127.03 feet long the Eastern property line,
and running a distance of 74.40 fet along the Northern property line and runiiing a
distance of 111@7.03 feet along the Western property line. Said parcel conlains 1.92
acres. Princess Anne Borough.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard improvements as required by tlie Site Plan ordinance.
2. City water and sewer.
3. A buffer is to be provided along the Western property line.
This ordinance shall be @non daL@ oF @iorion.
Adopted by the Council of the City of Vir,.inia Beach, Virginia, on the
14 day of November 1977
1 47 7
- 4 5 -
ITEM #11467
Petition of Alvin L. and Lelia M. Thompson for a Chanqe of Zoning DiSStrict
Classification from R-6 Residential District to B-2 Community-Business
District on certain property located on the South side of Indian River Road
beginning at a point 754 feet East of Kempsville Road, running a distance
of 153.54 feet along the South side of Ind 4an River Road, running a
distance of 250 feet along the Eastern property line, running a distance of
165 feet along the Southern property line and running a distance of '250
feet along the Western property line. Said parcel contains .9 acre.
KEMPSVILLE BROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 13 to deny this request. It was felt that approval of this request
would encourage strip commercial development along Indian River Road and an
adequate amount of property zoned for commercial uses currently exists in
this general area to serve the shopping needs of residents.
Mr. H. Calvin Spain, Attorney, repr,@3c@ntd ri, Iet i tio tier
The following appeared in opposition:
Mr. Bob Woodward, Lake Christopher Homes Assoc4@ation - presented petilions
Mrs. Mary Broom, Lai@e Cliristopher residenl
On motion by Councilman McCoy, seconded by CouTicilman Riggs, and by recorded vole
as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Mayor Clarence A. Holland, J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Roger I,. Riggs
Nays: Councilmen Jolin A. Baum, Jolin R. Griff4l,i, J. Ct@rtis Payne, and Floyd E.
Waterfiel-d, Jr.
Absent: Councilmen George R. Ferreil, and vice Mayor Patrick L. Standin'.
City Council voted to denv the above petition of Alvin L. and Lelia M. Thompson
for a Change of Zoning Distri.ct Classific@itioia from R-6 Residential District to
B-2 Cominunity Business District on cerlaiii property located on the Soutla side of
Indian River Road beginning aL a point 754 feel East of Kempsville Road, running
a distance of 153.54 feet along the South side of Indian River Road, running a
distance of 250 feet along the Eastern property line, running @ dislance o@@ 165
feet along tlie Soutliern I)roperLy I.ine and ru,iiijig i distance of 250 fcet alc)iig
the Western property line. Said parcel contains .9 acre. Kc@mpsvilic Borou,-h
Petition was denied as it was felt that approvel. of tliis request would encourage
strip commercial development along Indian River Road and an adequate amount of
property zoned for ccmmercial uses currently exists in this general area to surve
the shopping needs of residents.
T'I'l-,M 11411468
Application of Sterling Decker and Lyle Mosier for a Conditional Use Permit
for a skateboard park, concession, club room and sales office on certain
parcels located on the North side of Shore Drive.
Parcel 1: Located at the Northeast corner of Shore Drive and Jade Street,
running a distance of 219.29 feet along the North side of Shore Drive,
running a distance of 280 feet along the Eastern property line, running a
distance of 264.84 feet along the Northern property line and runnirig a
distance of 280 feet along the East side of Jade Street.
Parcel 2: Located at the Northwest corner of Shore Drive and Jade Street,
running a distance of 86.97 feet along the North side of Shore Drive,
running a distance of 140 feet along the Western property line, running a
distance of 96.49 feet along @@he Northern property line and running a
distance of 140 feet along ttie West side of V'ade Street.
Said parcels contain 1.8 acres more or less. Plats with more detailed
information are available in the Department of Plarning. LYNNHAVEN
BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer. An extension of the 15 inch gravity sewer
on Page Avenue will be necessary.
3. A severe drainage problem presently exists at this site. Develop-
ment will require the installation of the necessary drainage
facilities.
4. Stormwater runoff from this site is to be taken northward to
Chesapeake Bay.
5. Access to this site is to be limited to Jade Street only.
6. Street improvements to Shore Drive and Jade Street are to include
pavement widening, curb and gutter, sidewalk and drainage facili-
ties.
7. Parking at a minimum of 1 space per 1,000 square feet of skate-
board surface area.
4 7 7
r 'ru ly yours,
@an Le
Chairman
RDL/Igl
4 7 -
On motion by Councilman Riggs, seconded by Councilnan Waterfield, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Jolin R. Griffin, Mayor
Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Rig@.s, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to adopt tlie following resolution upon application of Sterling
Decker and Lyle Mosier for a Conditional Use Permit for a skateboard park, concession,
club room and sales office on certain parcelt located on the North side of Shore Drive:
RESOLUTION UPON APPLICATION OF STERJ@ING DECKER R01177145
AND LYLE MOSIER FOR A CONDITIONAL USE PERMIT
FOR A skateboard park, concession, club room,
and sales office
BE IT RESOLVED BY TIIE COUI@CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that:
Application of Sterling Decker and Lyle Mosier for a Conditional Use Permit for a
skateboard park, concession, club room and sales office an certain parcels located
on tlie North side of Shore Drive.
Parcel 1: Located on the Northeast corner of Shore Drive and Jade Street, running
a distance of 219.20 feet along the North side of Shore Drive, running
a distance of 280 feet along the Eastern property line, running a dis-
Lance of 264.84 feet along the Northern property line and running a
distance of 280 fect along the East side of JadE, Street.
Parcel 2: Located at the Northwest corner of Shore Drive and Jade Street, running
a distance of 86.97 feet along the North side of Shore Drive, running a
distance of 140 feet aloiig the Western property line, rtinning a distancc,
of 96.49 feet along the Northern property line and running a di.stair-e of
140 feet along the West side of J,de St,,et.
Said parcels contain 1.8 acres more or less. Pl.ats with more detailed information
are available in the Department of Planning. Lynnhaven Boratigh.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer. An extension of the 15 inch gravity
sewer on Page Avenue will be necessary.
3. A severe drainage problem presently exists at this site. Develop-
ment will require the instal.lation of the necessary drainage
facilities.
4. Stormwater runoff from this site is to be taken northward to
Chesapeake Bay.
5. Access to this site is to be limited to Jade Street.
6. Street improvements on Shore Drive and Jade Street are to include
pavement widening, curb and gutter, sidewalk and drainage facili-
ties.
7. Parking at a minimum of 1 space per 1.,000 sqiiare feet of skate-
board surface area.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virgi,iia Beach, Virginia, an the
14 day of November 1977.
11 1 47 7
ITEM #11469
Application of Creative Displays, Inc., for a Conditional Use Permit to
erect two 12-foot by 50-foot signboards on certain property located on the
West side of South Lynnhaven Road, beginning at a point 750 feet North of
Homespun Avenue, running a distance of 810.24 feet along the West side of
South Lynnhaven Road, running a distance of 280 feet in a Southwesterly
direction, running a diStaTIce of 280 feet more or less in a Southerly
direction, running a distance of 215 feet more or less in an Easterly
direction, running a distance of 220 feet more or less in a Southerly
direction and running a distance of 430 feet more or less along the
Southern property line. Said parcel contairis 5.024 acres more or less.
LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 10 for
the motion and 2 against to approve this request.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
Compliance with Article 2, Section B and Article 9, Section 914 of the
Comprehensive Zoning Ordinance pertaining to sign regulations and the
provision that no outdoor advertising sign shall exceed 300 square
feet of surface area.
Mr. Phil Lomax appeared regarding Llii@ al)plic@ition.
On motion by Councilnian Waterfield, seconded by Councilrian Baum, and I)y recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
@;ays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to defer for two weeks the application of Creative Displays,
Inc., for a Conditional Use Permit Lo erect Lldo 12-foot by 50-foot signboards
on certain property loc@q@d n he West s@de of South Lynnhaven Road, beginning
at a point 750 feet North of llomespun Aveliue, runni.ng a distance of 810.24 feet
along the West side of South Lynnhaven Road, runiiing a distance of 280 feet in
a Southwesterly direction, running a distance of 280 feet more or less in a
Southerly direction, running a distance of 215 feet more or less in an EasLerly
direction, running a distance of 220 feet more or less iii a Southerly direction
and running a distance of 430 feet mare or lcss along tl) Southern property 1-ine.
Said parcel contains 5.024 acres more or less. Lyiinhav n Borou@lh.
1 1 / 1 41/ 7 7
ITEM #11470
Application of Westminster Canterbury of Hampton Roads, Inc., for a
Conditional Use Permit for a home for the dged on certain property located
at the Nort@iwest corner of Shore Dr@ve and Starfish Road, running a
distance of 680 feet along the North side of Sliore Drive, running a
distance of 1025 feet along t@ie Western py,operty line, running a distance
of 680 feet more or less @ilorig ti-,c-, Northern pi-ope@-'Iy line and running a
distance of 1066 f-.et along tlie E,,.stern property 'iine of which 500 feet is
the West side of Starfish ',',oad. Said parcel contains 14.9 acres. LYNN-
HAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 12 for
the motion and I abstention to approve this request.
For the in-formation of the applicant, prior to the issuance of a building
permit, the following will be required by the ad,,ginistrative staff:
1. Standard iiflprovenients as recviired by the Site Plan Ordinance.
2. City water and sewer.
3. No structure is permitted to extend seaward of the 6 foot mean sea
level contour line.
4. Bulkheading must be ai)proved by the City Engineer's Office and
shall have a ininimum top elevatioii of 12 feet mean sea level. It
is recomm-.rided tha@ the existing pi-imary dune be left intact t@o
the extent possible, and deveiopment be constructed landward of
-'he dune.
5. A median opening on Shore Drive, located 500 feet west of Starfish
Road, and a left-turn lane are to be provided.
6. Street improvements to Shore Drive and Starfish Road are to
include pavement widening, curb and gutter, sidewalk, and drain-
age facilities.
7. Development will require the installation of necessary drainage
facilities and sto@-mwater runoff froin the site is to be directed
northward to Chesape-ake Bay.
S. Provision of fire protection measures in accor@dance with City
fire protection regulations for structures for older adults.
9. The site plan shall indicate 420 parking spaces with 50% to be
provided during initial construction and reservat4@on of the
remaining 50% for future park 4ing.
10. The maximum permitted height shall be 165 feet.
ITEM #11471
COUNCILMEN CROMWELL AND MCCOY LEFT CHAMBERS
Application of Harry E. Thorns for a Conditional li'se Permit to board horses
on certain property located on the N rth side of Landstown Road beginning
at a point 821-04 feet East of Salem Road, . unning a distance of 293.78
feet along the North side of Landstown Road, runriina a distance of 758.25
feet along the Eastern property line, running a d@Stance of 299.03 feet
along the Northern property line and running a distance of 774.41 feet
along the Western property line. Said parcel contains 5 acres. PRINCESS
ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Compliance with Article 2, Section 234 of the Comprehensive
Zoning Ordinance pertaining to Riding Academies.
2. The maximum number of horses shall be limited to 12.
Mr. Harry E. Thorns appeared regarding his application.
On motion by Councilman Payne, seconded by Councilman @,Taterfield, slid by recorded
vote as follows:
Ayes: Councilmen John A. Baum, John R. Griffin, Mayor Clarence A. Holland,
Councilwoman Meyers E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, J. Henry
McCoy, Jr., and Vice Mayor Patrick L. Standing
City Council voted to adopt the following resolution upon application of Harry E.
Thorns for a Conditional -Use Permit to board horses:
RESOLUTION UPON APPLICATION OF IIAIII@Y E. THORNS FOR R01177147
A C014DITIONAL USE PERMIT Lo board horses
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that:
Application of Harry E. Thorns for a Conditional Use Permit to board horses on
certain property located on the North side of Landstown Road beginning at a
point 821.04 feet East of Salem Road, running a distance of 293.78 feet along
the North side of Landstown Road, running a distance of 758,25 feet along the
Eastern property line, running a distance of 299.03 feet along the Northern
property line and running a distance of 774.41 feet along the Western property
line. Said parcel contains 5 acres. Princess Anne Borough.
For the information of the applicant, prior Lo the issuance of a building permit,
the following will be required by the administrative staff:
I. Compliance with Article 2, Section 234 of the Comprehensive Zoning
Ordinance pertaining to Riding Academies.
2. The maximum number of horses shall be limited to 12.
TI,4 --, -1 ,,4 -- @@ @ II @ f7F@,@ 4,,@ 4t, _4- i
ITEM #11471
COUNCILnN CROMWELL AND MCCOY LEFT CHAMBERS
Application of Harry E. Thorns for a Conditional [,se Permit to board horses
on certain property located on the N( dstown Road beginning
at a point 821-04 feet Eas" of Salern Road, urriirg a distance of 293.78
feet along the North side of Landstown R,)ad, runriina a distance of 758.25
feet along the Eastern property line, running a d@stance of 299.03 feet
along the Northern property line and runnilig a distance of 774.41 feet
along the Western property line. Said parcel contains 5 acres. PRINCESS
ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administt-ative staff:
1. Compliance with Ar@.i,.'Ie 2, Section 234 of the Comprehensive
Zoning Ordinance pertaining to Riding Acadern'@es.
2. The maximum number of horses shall be lir,,Iited to 12.
Mr. Harry E. Thorns appeared regarding his application.
on motion by Councilman Payne, seconded by Councilman @,Taterfield, aild by recorded
vote as follows:
Ayes: Councilinen John A. Baum, John R. Griffin, @layor Clarcnce A. Holland,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Crornwell, Jr., George R. Ferrell, J. Henry
McCoy, Jr., and Vice Mayor Patrick L. Standing
City Council voted to adopt the following resolution upon application of Harry E.
Thorns for a Conditional Use Permit to board horses:
RESCLUTIO,q UPON APPLICATIOIN OF IIAIII@Y E. THORNS FOR R01177147
A C014DITIONAL USE P@14IT Lo board horses
BE IT RESOLVED BY THE COUNCIL OF TliE CTTY OF VIRCII@IA BEACH, VIRGINIA, that:
Application of Harry E. Thorns for a Condi.tional ljse Permit to board horses on
certain property located on the Nort@ side of Landstown Road beginning at a
point 821.04 feet East of Salem Road, running a distance of 293.78 feet alolig
the North side of Landstown Road, running a distance of 758.25 feet alon.@ the
Eastern property line, running a distance of 299.03 feet along the Northern
property line and running a distance of 774.41 feet along the Western property
line. Said parcel contains 5 acres. Princess Anne Borough.
For the information of the applicant, prior Lo the issuance of a building permit,
the following will be required by the administralive staff:
1. Compliance with Article 2, Section 234 of the Comprehensive Zoning
Ordinance pertaining to Riding Academies.
2 . The maximum number of horses shall be limited to 12.
TI, 4 - -- , -1 ,14 -- @@ II @ f7F@,, 4,,@ 4 1, -4- i @,
-- @ I
ITE', #11472
Application of C. G. Oliver or a Condi@lional Use Permit .or a borrow pit
on certain property located on the @6@W side of @laygood-Road beginning at
a point 800 feet West of Hunting Larie, r@inning a distance of 1280 feet
along the North side of Haygood Road, running a distance of 1148.22 feet in
a Nor@Liiwesterly direct"on, running a distaiice of 2001 feet in a South-
westerly direc@Lion, running along the Southe-n boundary of Lake Smith to a
point 579 fee+, mor-e or less Nlorth of Harris Point D@-ive, 1-tinning a distance
of 1076.80 feet in a Southerly direc-Lion , -unning a distance of 322.15
feet in an Easterly directiofi, ri,@,,ining a d4lstance of 79.78 feet along the
West side o' Haygood Point Road, rtinriitig @t Jista@Ice of 376.78 feet in a
Westerly direction, rtinning d distarce of ':)-62.18 feet iri a Southeasterly
direct'@on, .-unning a distafice of 530.61 feet in a Southerly d-irection,
running a dis@lance of 496.91 feet in a Southeasterly direction, running a
distance o@ 100 feet in an Easterly direction, riinning a distance ol@ 50
feet in a Soutlierly direc@lion, rurining i d-ts@,ince of 331.10 feet ill a
Westerly direction, running a distarice of 17.9 feet in a Sou@llierly direc-
'.-ion, run,-iing a disl-lance o.@ 490.4'@ i-eet 4n a Southeaste,-ly directiori,
running a distance of 76.23 feet in a Noi-theasteri.y direction and running a
distance of 200 fee+ iii a South-.as-lerly direct-ion. Said parcel is
ir-regLi@-ar in s,'Iapc, and conl@a'n.-, 98.,') aci-,-@s. Plats wi'L@i tnorc detailed
inFormat@cn are available in t@ie Departien-L of P'@agi,iing. SAYSIDC@ BOROUG.H.
Planning Commission Recommendatioii:
A motion was passed unanimously by the Planning ComiTlission by a recorded
vote of 13 to approve this request subject to tlie following conditions:
1. Prior to the issuance ol an excavation permit, an Erosion Control
and Tree Protection Plan and a surety bond @n the amount of $500
per acre or part thereof for each acre @lo be excavated shall be
submitted to the Department of Public Works.
2. All the necessary infol-mation as indicated in Section 31.2 Of the
City Code 4.Sto be suh.,nitted @lo the Departmefi@, Of PLiblic Works for
review and approval.
3. Any future development on the proper@ly is to be ;@n conformance
with "he standard 4mpy,ove@Tents as required by "he Subdivision and
Site Plan Ordinances.
4. A dedication ol@ right-of-way 45 feet from tlie .en+lerline of the
variable right-of-way along the 1230 feet @@rontage on Haygood
Road, as shown on plaris filed in +@he Engineering Division. Also a
5 foot temporary constrliction eiserqc@it parillel to the dedi-
cation.
5. Compliance wi@@h Article 2, Sect@on C, of the ComprehensiVe 7onirig
Ordinance pertaining to ex+lractive industries. 4
COUNCiLMEN @',ICGUY @\j (-@ ,,@
- 5 3 -
Mr. Clay Temple appeared representing the applicant
On motion by Councilman Waterfield, seconded by Councilman Baum, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, John R. Griffin, Mayor Clarence A. Holland, J.
Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to adopt the following resolution upon application of C. G.
Oliver for a Conditional Use Permit for a borrow pit:
RESOLUTION TJPON APPLICATION OF C. G. OLIVER FOR R01177148
A CONDITIONAL USE PERMIT FOR a borrow pit
BE IT RESOLVED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA, that:
Application of C. G. Oliver for a Conditional Use Permit for a borrow pit on certain
property located on the North side of Haygood Road beginning at a point 800 feet West
of Hunting Lane, running a distance of 1280 feet along the North side of Haygood Road,
running a distance of 1148.22 feet in a Northwesterly direction, running a distance of
2001 feet in a Southwesterly direction, running along the Southern boundary of Lake
Smith to a point 579 feet more or less North of Harris Point Drive, running a distance
of 1076.80 feet in a Southerly direction, running a distance of 322.15 feet in an
Easterly direction, running a distance of 79.78 feet along the West side of Haygood
Point Road, running a distance of 376.78 feet in a Westerly direction, running a dis-
tance of 562.18 feet in a Southeasterly direction, running a distance of 530.61 feet
in a Southerly direction, running a distance of 496.91 feet in a Southeasterly dir-
ection, running a distance of 100 feet in an Easterly direction, running a distance
of 50 feet in a Southerly direction, running a distance of 331.10 feet in a Westerly
direction, running a distance of 17.9 feet in a Southerly direction, running a dis-
tance of 490.41 feet in a Southeasterly direction, running a distance of 76.23 feet
in a Northeasterly direction and running a distance of 200 feet in a Southeasterly
direction. Said parcel is irregular in shape and contains 98.6 acres. Plats with
more detailed information are available in the Department of Planning. Bayside
Borough.
Approval is subject to the following conditions:
1. Prior to the issuance of a excavation permit, an Erosion Control
and Tree Protection Plan and a surety bond in the amount of $500
per acre or part thereof for each acre to be excavated shall be
submitted to the Department of Public Works.
2. All the necessary information as indicated in Section 31.2 of the
City Code is to be submitted to the Department of Public Works for
review and approval.
3. Any future development on the property is to be in conformance
with the standard improvements as required by the Subdivision
and Site Plan Ordinances.
4. A dedication of right-of-way 45 feet from the centerline of the
variable right-of-way along the 1280 feet frontage on Haygood
Road, as shown on plans filed in the Engineering Division. Also
a 5 foot temporary construction easement parallel to the dedication.
5. Compliance with Article 2, Section C, of the Comprehensive Zoning
Ordinance pertaining to extractive industries.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14th day of November 1977.
11 1 4 7 7
ITEM #I,L473 -51 1-
Petition of YWCA of Tidewater Area of Virginia for a @,a
District Classification frorn R-8 Residezatial District to A-4 Apartment
District on certain parcel@s located on the Norti, Sid, of Cape Henr,,
Drive.
Parcel 1: -@eginning at a poi-@it 330 feet more or ',,s Ea,t of -Kleen Street,
running a distance of 290 feet rnore or less alon@. the Norlh side of Cape
Henry Drive, ru,iiiing a distance of Z40 fee@ n-iore or 'less along the Easterr
property line, runnin.@ a 'Jistance of 290 fcet rriore or less along the,
Northern property line and run.,aing a distance of 260 feet rnore or less along
the Western property line.
Parcel 2: BeginriiiF, at the Northeast ;ntersectiora of Cape llc-.ry Drive and
Scallop Roid, runni@-ig a d@s@@ance of 230 Ilett niare or 'less along the East
side of Scallop Road, running -i distance of 290 feet rfiore or less along the
Northern proper@ 14r@e, :runiiin@ a distaiice of Z20 @eet @iore or less along
the Eastern propc, r-ty lirie of which 100 @eet is the West side o@' Starf@sh
Road and running a dist;@nce of 290 feet i-norc@ or less along the Soutlie-n
property line of which 150 feet -@s the Nortli side of Cape Henry Dri@e.
Said parcels coritain 3. 2 acres more or less. Plats .vith rrore detailed @@@or-
mation are available in the Departrnent of Planning. (@ ynnhaveti Sh.ores-
ilynnhaven Colony Areas). LYNNHAVEN BOROUGH.
Planning Cornmission Recornxnendation:
A motion was passed by the Planning Conunission by a recorded vote of 8 for
the motion and 5 against to approve this request for A-2 Apar@ment District.
For the informatioii of the appli--ant, prior to the issuance of a building permit,
the following will be required by the ad.-ninistrative staff:
1. Standard improvernents as required by the Site Plan Ordinance and
Subdivision Ordinance.
2. City water and sewer.
3. An adequately sized on-site anci off-site drainage systern aiid drainage
easements will b-- requirecl along the north side of Cape Henry Drive f-orn tlis
site to Seashell Road. Access to tliis s-".te shall be limited to Starfisii Road.
Mr. Grover C. Wright, Jr., Attorney, represented the petitioner
-55-
Mr. Barry Koch, Attorney, appeared in opposition.
On motion by Councilman Griffin, seconded by Councilman Baum, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Floyd E. Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to approve the following ordinance upon petition of YWCA of
Tidewater Area of Virginia for a Change of Zoning District Classification from
R-8 Residential District to A-2 p@artme t@District (a modification from A-4
Apartment District):
ORDINANCE UPON PETITION OF YWCA OF TIDEWATER AREA Z01177293
OF VTRGINIA FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 Residential District TO
A-2 Apartment District (modified from A-4 Apartment
District)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that:
Petition of YWCA of Tidewater Area of Virginia for a Change of Zoning District
Classification from R-8 Residential District to A-2 Apartment District (modified
from A-4 Apartment District) on certain parcels located on the North side of Cape
Henry Drive.
Parcel 1: Beginning at a point 330 feet more or less East of Kleen Street,
running a distance of 290 feet more or less along the North side
of Cape Henry Drive, running a distance of 240 feet more or less
along the Eastern property line, running a distance of 290 feet
more or less along the Northern property line and running a dis-
tance of 260 feet more or less along the Western property line.
Parcel 2: Beginning at the Northeast intersection of Cape Henry Drive and
Scallop Road, running a distance of 230 feet more or less along
the East side of Scallop Road, running a distance of 290 feet more
or less along the Northern property line, running a distance of 220
feet more or less along the Eastern property line of which 100 feet
is the West side of Starfish Road and running a distance of 290 feet
more or less along the Southern property line of which 150 feet is the
North side of Cape Henry Drive.
Said parcels contain 3.2 acres more or less. Plats with more detailed information
are available in the Department of Planning. (Lynnhaven Shores-Lynnhaven Colony
Areas). Lynnhaven Borough.
For the information of the applicant prior to the issuance of a buildin.@ permit,
the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance and
Subdivision Ordinance.
2. City water and sewer.
3. An adequately sized on-site and off-site drainage system and drainage
easements will be required along the north side of Cape Henry Drive
from this site to Seashell Road. Access to this site shall be limited
to Starfish Road.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14 day of November 1977.
1 1 1 4 7 7
ITEM #11474 . D@-
Petition of YWCA of Tidewater Area of Virginia for a Change of Zon@
District Classification from R-8 Residential District to B-4 Resort-Corn-
mercial District on certain property located on "he South side of Shore
Drive beginning at a point 330 feet more o-r less Fast of KI-een Street,
running a distance of 290 "eet more or less along the Soith sicle of Sliore
Drive, running a distance of 180 feet rnore or less along the Eastern
property line, running a distance of 290 feet i-xiore or less along the
Southern property line and rvnniiig a distance of 180 fee' rnore or less
along the Western property line. Said parcel contains 1.19 acres rnore or
less. (Modified from !-1-1 Ho"el Distric'). (Lynnhaven S'lores Area).
LYNNHAVEN BOROUGH.
Planning Cornmission Recorrirneidation:
A motion was passed by the Planning Con =ission by a recorded vote of 8
for the motion and 3 against to approve this request.
For the information of tlie applicint, pi-ior to the initia'lion of the intended
use of the laiid, the following will be required by the adrninistrative staff:
1. Standard irnprovernents as required by t.qe Site Plan Ordinance.
2. City water and sewer.
3. An adequately sized on-site and off-site drainage system and
easernents will be required for this site drain;ng to the north side of
Cape Henry Drive to Seashell Road.
4. There will be no future median openings along Shore Drive adjacent
to this site.
Mr. Grover C. Wright, Jr., Attorney, represented the applicant
Mr. Barry Koch, Attorney, appeared in opposition.
on motion by Councilman Griffin, seconded by Councilnian McCoy, and by recorded vote
as follows:
Ayes: Councilmen Robert B. Croniwell, Jr., Tohn ]@. Griffin, ilayor Clar@nc-e A. llc)lland,
J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger I,. Riggs,
and Floyd E. Waterfield, Jr.
Nays: Councilman John A. Baum
Absent: Councilmen George R. Ferrell, and Vice @layor Patri.ck L. Standing
City Council voted to approve the following ordinance upon petition of YWCA of
Tidewater Area of Virginia for a , e 2f in District Classification from
R-8 Residential. District to B-2 Comm@inity-BtisiRess istrict ed from B-4
Resort-Commercial District):
4 7 7
5 7 ORDINAliCE UPON PETITION OF YWCA OF TTDEWATER AREA Z01177294
OF VTRGTNTA FOR A CHANGE OF ZONTNG DISTRICT
CLASSIFTCATION FROM R-8 Residential District TO
B-2 Community Business District (modified from B-4
Resort Commercial District)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that:
Petition of YWCA of Tidewater Area of Virginia for a n e @f in Istrict
Classification from R-8 Residential District to B-2 Community-Business District
(modified from B-4 Resort-Commercial District) on certain property located on the
South side of Shore Drive beginning at a point 330 feet more or less East of Kleen
Street, running a distance of 290 feet more or less along the South side of Shore
Drive, running a distance of 180 feet more or less along the Eastern property line,
running a distance of 290 feet more or less along the Soutbern property line and
running a distance of 180 feet more or less along the Western property line. Said
parcel contains 1.19 acres more or less. (Modified from H-1 Hotel District)
(Lynnhaven Shores Area). Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance
2. City water and sewer.
3. An adequately sized on-site and off-site drainage svstem and
easements will be required on this site draining to the north
side of Cape Henry Drive to Seashell Road.
4. There will be no future median openings along Shore Drive
adjacent to this site.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14 day of liovember 1977.
1 11 4 7 7
ITEM #11475 -58-
On motion by Councilman Griffin, seconded by Councilman @'@cCoy, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Gri.ffin, Mayor
Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, ROE,,er L. Piggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to approve the following ordinance authorizing conveyance of
excess ri.,iit.-of-way in connection with the Great Neck Road Project:
ORDINANCE AUTHORIZING CONVEYANCE OF
EXCESS RIGHT-OF-WAY IN CONNECTION WITH
THE GREAT NECK ROAD PROJECT
Whereas, the following described property was vacated as a street in
connection with the construction of the relocation of Great Neck Road, Project
#UOOO-134-103, R/W 201; and
1,Jhereas, it is the opinion of the City Council that the property vacated
is in excess of the needs of the City.
Now, Therefore, Be It Ordained By The Council Of The City Of Virginia
That the City @@anager is hereby authorized to execute a Special Warranty
deed and convey the following excess property, to wit:
All that certain lot, piece or parcel of land with improvements
thereon, lying, being and situate in Lynnhaven Borough, City of
Virginia Beach, Virginia, designated and shown as a shaded area
comprised of a total of 2.78 acres immediately east of a parcel
identified as "Point-O-Woods Company" on the plat entitled,
"Plat Showing Great Neck Road Street Closure City of Virginia
Beach, Virginia," dated July 15, 1974," prepared by Engineering
Division, Department of Public Works, City of Virginia Beach,
Virginia, said plat being on file in the Office of Real Estate,
Department of Public Works, and to which reference is made for
a more particular description.
Adopted by the Council of the City of Virginia Beach, Virginia, this
14 day of November 1977.
5 9 -
On motion by Councilman Riggs, seconded by Councilman Baum, aiad by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Jolin R. Griffin, Mayor
Clarence A. Holland, J. Ilenry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Floyd E. Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to approve the following ordinance to amend and reordain
Section 23-48.1.2(f)(3) of the Code of the City of Virginia Beach relating
to operation and requirements of table top commercial recreation centers:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 23-48-1.2(f)(3) OF THE CODE
OF THE CITY OF VIRGINIA BEACH RELATING
TO OPERATION AND REQUIREMENTS OF TABLE
TOP COMC-RCIAL RECREATION CENTERS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC14,
VIRGINIA:
That Section 23-48.1.2(f)(3) of the Code of the City of Virginia
Beach is amended and reordained to read as follows:
(3) No minor
under tlie age of 18 years, shall be allowed to remain
between the hours of 12:01 A.M. and 5:00 A.M., unless
accompanied by their parent or guardian.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the 14
day of November 1977.
iTEm #11477
Mr. Semmes Chapman, P.E., appeared before City Council representing Yir. Clement
Wilite who was appealing an adverse decision made by the Planning Commission re-
garding a subdivision variance for Quail Run Qllay in Little liaven.
After considerable discussion, Councilman Griffin made a molion, seconded by
Councilman Riggs, to defer this matter for two weeks. The recorded vote is
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfiel.d, Jr.
Nays: None
T qt,,din(,
- 6 0 -
ITE@l #11478
The City Manager stated he had a request from D. R. James, who owns a ten lot
subdivision off of Pun.@o Ferry Road, to waive curb and gutter requirements on
his property.
The City Manager stated tliat about four or five years ago, Mr. James' brother
had three lots recorded, because of the small number of lots, all about 1-1/2
acre, four lot subdivision, curb and gutter was waived. His brotlier later
came in witli a five lot subdivision and indicated that because his brot:lier did
not have curb and gutter across the street he felt it was unfair to require him
to put in curb and gutter. @le was @.ranted a waiver.
Mr. James has now requested tliat a ten lot subdivision he owns be waived of
curb and gutter since his ollier property was waived of curb and gutter re-
quirements.
After considerable discussion, Councilman Waterfield made a motion, seconded by
Councilman Payne, and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Jolin R. Griffin, Mayor Clarence A. Holland, J.
14enry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: Councilman Robert B. Cromwell, Jr., and Councilwonian Mevera E. Oberndorf
I
Absent: Councilmen George R. Ferrell, and Vice Mayor Patrick L. Standing
City Council voted to grant the request of D. R. James to waive curb and gutter
requirements on a ten lot subdivision off of Pungo Ferry Road. 11/1
- 6 1 -
ITEM #11479
The City Clerk informed Council that the Abstract ,f Votes h,d b... r ... i,,d from
Mrs. Catherine Nixon, Secretary, Electoral Board:
IIBSI'R.4C7' OF P'OTI,,S c-st ii, the @-tilCity -f @T1,FInlp R@@,l, Viry,tia, al
the Ge.er(,l Electi.. held o,, the eighth d.y of N.ve,,ber, 1977, f@,
GOVERNOR OF VIRGINIA
Nurnber of
Ch,llenged
Total Vot@s V@tes
Total Vote., Rec@ived R,ceived Included
N,,n,es of Candidates (In Writing) (In Figures) In Total
ALAN R. OGDEN One hundred ei t -ei@t (--i88 --- 0
HENRY HOAVELL ht hurld@d 0
ten
JOHN N. DALTON Twent,,,- Plght h
seventy-five 26,875 0
T-
Sam G@e -0
Samu@ ber One
LIEUTENANT GOVERNOR OF VIRGINIA
Number of
Ch,lle,ged
T.tal Votes P'ote@
Total Votes Reccived Received Included
Names of Candidates (In Writi.g) (In Figures) In Total
CHARLES S. "CHUCK" ROBB Twent e thg
=four 21,074) 0
A. J. "JOE" CANADA, JR. Twpn - ( 2 4 , 8 2 3 0
hundred twenty-three
(
(-
(
We, the ..dcrsigned Electorl Bo.rd, up@. e,a,71i@.tio. of th, offi,il r,,ords deposited in the ffice f thc Clerk
the Circ.it Cou,t of the election held 0. N.vember 8, 1977, do ke,,by ertify that the above ii a true ..d c.rrect .4bstract f
VoteS cast at said Ge@ieral Election for G@vernor a.d Lieute.a,it Gover@or of Virginia.
Given u@der our hands this 14th day .1 N@ve ... I,,er, 1977.
Chairma@
,Secreta,y
Secreta,y, Electoral Board
11/14/77
- 6 2 -
,dBSTR.4CT OF POTES cost in the &"$YlCity of Virginin Reqnh Firginia, al
the General Election held on the eighth day of November, 1977, for
ATTORNEY GENERAL OF VIRGINIA
Number of
Challenged
Total Votes Votes
Total Votes Received Received Included
Names of Candidates (In Writing) (In Figures) In Total
EDWARD E. LANE Eighteen thquaand Qne hundred 18,lgo 0
ninety
J. MARSHALL COLEMAN TwPnt@r-fnil@ thni@.qqnci twn hiincir,.cl ;)4,;)gn 0
WRIU IN VOTES ninety
Tham,q.- T T4,qmi I tnn nne
We, the undersigned Electoral Board, upon examination of the official "cords depoiited in the ofice of the Clerk of
the Circuit Court of the election held on November 8, 1977, do hereby certify that the above iS 4 true and correct 4b$tract of
Votes cast al said General Election for .41torney General of )7irginia.
Given under our hands ihis 14th day of November, 1977.
Chairman
Member
Secrelary
,4 copy ieste.-
Q Secretary, Electoral Board
/1 4 / 7 7
- 6 3 -
ABSTRACT OF VOTES cast in the j"unty/City of V-4-rginia Beach
at the General Election held the fitwt Tuesday after the first Monday in November, 19-, for
Member(s) of the House of Delegates
NLtmber of
Challenged
Total Votes Votes
Total Votes Received Received Included
Names of Candidates (In Writing) (In Figures) In Total
J. W. "Billy" O'Brien, Jr. Twenty-five thousand fifteen( 25,0-15 0
WRITE IN VOTES
R T. Tpmplptnn C)np
Graham Valentine One
Harold Laibstain One
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir-
cuit Court of the election held on November8- 19@ do hereby certify that the above is a true
and correct Abstract of Votes cast at said election for Member(s) of the Howe of Delegates fram the L;)ni
D@ct.
Given under our han& this 14th day of November, 19@7
rhaimwn
ember
A copy teste: Secretary
Secreta.ry, Electoral Board
11 / 1 4 / 7 7
- 6 4 -
ABSTRACT OF VOTES cast inthe @vwylcity of-@@@ ,-In
at the General Election held the first Tuesday after the first Monday in November, 19-=, for
Member(s) of the House of Delegates
Nttmber of
Challenged
Total Votes Votes
Total Votes Received Received Included
Names of Canclidates (In WritiDg) (In Figures) In Total
Bernard G. Barrow Twenty-one thousand nine 21,903 0
nunarea rnr e@
Glenn B. McClanan Twenty-two_thousand six ( 22,614 0
hundred fourteen
owpn R- Pic,.kpi-.t e - i@ thousand ei@ht ( 26,833..) 0
hundred thirty-three
Knnx R- Riirchett --t ( 13.@5i 0
hundred fifty-three
W g ntgripn Twpnt-,y-c)np-th-o -aur- ( 21.,458 0
hundred fifty-eight
(
(
(
(
(
(
(
IVe, the undersigned Electoral Board, upon examination of the official records deposited @th the Clerk of the Cir-
cuit Court of the election held on November 1 8 -, 19-=, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election for Member(s) of the House of Delegates from the 40th
District.
Given under our hands this 14th day of November, 19@7
haimwn
Mefnber
A copy teste: Secretary
Secretary, Electoral Board
11/14/77
- 6 5 -
ABSTRACT OF VOTES cast in the C@tctsCity of Virginia Beach
at the (@PnPra I 6lection held on November ig 77,
FOR Commonwealth's Attorney
Number of
Challenged
Total Votes Votes
Total Votes Received Received Included
Names of Candidates (In Writing) (In Figures) In Total
Andre Evans Thirty thousand three hundr@d 30,392) 0
nine y- wo
WRITE IN VOTES
Robert B. Kendail One 1
H One 1
We, the undersigned Electoral Board, upon examination of the official records deposited tvith the Clerk of the Cir-
rol,rt Of the election on November 8 - 19 7 7, do hereby certify that the above is a true
, (@t Abstract of Votes cast at said election and do therefore determine and declare that the follo"ng received
the greatest number of votes cast in said election:
An(9ro F,,vnna
for the office of (c)mmnnwppli-.hls Attc)rney
Given under our hands this 4 th day of November, 19@7.
hairman
Member
A copy teste: Secretary
Secretary, Electoral Board
14 / 7 7
- 6 6 -
ABSTRACT OF VOTES cas-t in the @tfj/City of 1 nlq Bpq c,
at the 0 Pnprq I - election held on Nc)ypmher 8 19-=,
FOR Sheriff
Number of
Challenged
Total Votes Votes
Total Votes Received Received lncluded
Names of Candidates (In Writing) (In Figures) In Total
S. J. "Joe" Smith Thirtv thousand five hundred( 30,548 ) 0
forty-eight
W VOTES )
H,qrc)lci T-nihst-.,qin 1 )
Bill M,Rnvlpnci 1 )
)
)
)
)
)
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir-
cuit Court of the election on November 8 -, 19 7 7 do hereby certify that the aboue is a true
and correct Abstract of Votes cast at said election and do therefore determine and declare that the follouing received
the greatest number of votes cast in said election:
S. J. "Joell Smith
for the office of Sheriff
Given under our hands this 14th day of November, 19 7 7
Chairman
Member
A copy teste: Secretary
L,z@-Secretary, Electoral Board
1 4 7 7
- 6 7 -
ABSTRACT OF VOTES cast in the C.@t4lCity of
at the rpnprn] - election held on November 8
FOR Commissioner of Revenue
Number of
Challenged
Total Votes Votes
Total Votes Received Received Included
Names of Candidates (In Writing) (In Figures) In Total
Thirty Thousand six hundred( 30,658 0
fifty-eight
w
Harold Laibstain One
We, the unders-igned Electoral Board, upon examination of the official records posited with the Clerk of the Cir-
cuit Court of the election on Noyember 8 --, 19-=, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do therefore determine and declare that the follo"ng received
the greatest number of votes cast in said election:
Ivan D. Mapp
for the office of Commissioner of Revenue
Given under our hands this i4th day of November, 19-=.
Chairman
Member
A copy teste: Secretary
Secrotary, Electoral Board
I 1 / 1 4 / 7 7
6 8-
i@,IC I , 11, L@OI'ES cast i. th, 1/2 -,.@ @L,,Ln -LLi. Beac ii..
,t th, Spe,@i@l Ele,tion held @, the eighth day of November, 1977, f.,
PROPOSED BOND ISSUES
QUE,S'I'ION: Shall Cliapter 650, Acts ,f the Gcneral Asseinblv of 1977, au-
tho,i,in the issuance of gencral oblil,,ation bonds of the Commonivealth of
Virginia iii the inaximum amount oi $86,475,000 pursuant to Article X, Sec-
tion 9(b) of the Constitution of Virginia for EDUCATIONAL INSTI-
TUTIONS, take effect?
N,iniber of
("halle,,ged
Total Votes T'@t,s
@l'otal V,)tes Rec@ived Received Incltided
(in Writing) (In Figures) In @rotal
FOR (Ye@) Twenty-@yp-7a @oumai se-ve@hundred-twentY- -(-U-729 0
nine
AGAINST (No)F-i-Ve thousand six hu@r@ fifty-si-X- - -- - ( 5,@-) - -0--
Q[JESTION: Sh,,It Cliapter 651, Acts of tli,, (@,@neral A.,,,e,nbly of 1977, au-
thorizing the i@s..nce of g@neral ol,ligation b(,nds of th@ Commonw@ilth of
Virgiiiia in the maximum amount of $21,525,000 piirsuant to Article X, Sec-
ti,,. 9(b) of tlie Constitution of Virginia for CORRECTIONAL FA-
CILITIES, take effect?
N@i,,ber f
I;h,lle,,ged
T@tal Votes
@l'otal Votes Received Received Included
(In Writing) (In Figures) In Total
FOR (Yes) T-wQnt five thousand three hundred ninety__ (_25-,390 _O-
AGAINS'[' (No) ,,Pvpn, -thc),],qand- t-V - 0
QUESI'ION: Sliill Cliapter 652, Acts (,f t]@c (@,,ne,@l A,,r.nl,iy (,f 1977, ati-
tli(,ri@ing the isstiatice ,f gencral oblig;,ti,)ii b@,nds .f tlie C(,t,@,@,onlve;tltli (,f
Virginia in the mixi..um ainount of $4,000,000 pur.,uint t,, Article X, Sec-
tion 9(b) of the C,,nstitution of Virginia for MENTAL IIEALTH FA-
CILITIES, take effect?
Number of
Challenged
'I'.tal Votes V@tes
Total Votes Received Received Included
(In Writijig) (In Figures) In 'rotal
FOR (Ye,) (i n I n P-- (2-8 --- 0
AGAINS'r (N.) FOUR t@@d ve@n hqnd-r@d -@ifty--fiye---- ( @@) ---O
QUESTION: Sh@@ll Chapter 653, Acts of the General Assemt)ly of 1977, au-
thorizing the issuance of general obligatin bonds of the Commonwealth of
Virginia in the maximum amount f $5,000,000 pur@uant to Article X, Sec-
tion 9(b) of the Constitution of Virginia for PARK AND RECREA-
TIONAL FACILITIES, take effect?
Chall,@g,d
V@)te., Received Rec@ived Included
(In WTiting) (Iii Figures) In 'Fotal
FOR (Yes) ninp hi,ntir
AGAINST (No) Seven Thousand tWo hundred twenty-two 71222 0
1 / 1 4 / 7 7
- 6 9-
ABSI'RACT OF VOTES cast in the C@City of 'a,
at the election held on November 8 ig@7
FOR Treasurer
Number of
Challenged
Total Votes Votes
Total Votes Received Received Included
Names of Candidates (In Writing) (In Figures) In Total
William H. "Bill" Phillips Eight thousand seven hundred, 8,736 0
thirty-s x k
Joel Smith Fifteen thousand eight hundrld 15,867) 0
sixty-seven
Jnhn T- Atkinson Nineteen thousand one hundreq 19,188 ) 0
eighty-eight
)
WRTTF, TH VOTES )
V- A Ft hp ri 19 gp Thrpp 3 )
)
)
)
We, tlie undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir-
citit Court of the election on November 8 -, 19!L do hereby certify that the above is a true
aiid co"ect Abstract of Votes cast at said election and do therefore determine and declare that the follo@ng received
the greatest number of votes cast in said election:
John T. Atkinson
for the office of Treasurer
Given under our hands this 14th day of November, 19-=.
Chairrnan
Member
A copy teste: Secretary
Secretary, Electoral Board
1 4 / 7 7
- 7 0-
QUESTION: Shall Chapter 654, Acts of the General Assembly of 1977, all-
thorizing the issuance of general obligation bonds of the Commonwealth of
Virginia in the maximum amount of $8,000,000 pursuant to Article X, Sec-
tion 9(b) of thc Constitution of Virginia for PORT FACILITIES, take
effect ?
Number of
Challenged
Total Votes Votes
Total Votes Received Received Included
(In Writing) (In Figures) In'l'otal
FOR (Yes) 5Lwenty-five thousand four hundred eighty-nin- O@ 48
AGAINST (No) Six Lty-three 6 67@-) 0
We, the undersigned Electoral Board, upon cxamination of the officiai records depoited in the office of tl)e Clerk of
th, Circuit Court f the election held on November 8, 1977, do liereby certify that tbe above is a true and correct AbStTact of
V.tes cast at said election for and against tbe proposed $125,000,000 General Obligation Bond Issues.
Given under our liands this 4 day of November, 1977.
Ch4i,@a,,
Me@ber
Secretary
,i C./ly i"fe,
Secretary, Electoral Board
1 1 / 1 4 / 7 7