HomeMy WebLinkAboutMAY 14, 1996 MINUTES
"WORLD'S LARGEST RESORT CITY"
(@ITY ('.OUN(ift,
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR, At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
ROBERT K. DEAN, Princess Anne Borough
W. W. HARRISON, JR, Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, At-Large
LOUIS R. JONES, Bayside Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
281(171 IIAI@l-B(!li[IIN(@
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA MLNI(:IPAI. (LNI ER
LESLIE L. LILLEY, City Attorney k IR(;INi,l BEA(IF t'ik(iiNIA 2 @@@l @ll@
RUTH HODGES SMITH, CMC/AAE, City Clerk
May 14, 1996
I. CITY MANAGER'S BRIEFING - Conference Room 11:30 Am
A. TOWING ORDINANCE
Captain Tom Irving, Chairman, Towing Advisory Board
II. AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Alan G. Reifsnyder
Haygood United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS May 9, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
PUBLIC HEARING
1. BUSINESS LICENSE FEES AND TAX AMENDMENTS
J. ORDINANCES
1. RESOURCE MANAGEMENT PLAN
a. FY 1996-1997 OPERATING BUDGET APPROPRIATIONS
(1) Ordinance to establish the tax levy on real estate
for Tax Fiscal Year 1997 at the rate of One Dollar
and Twenty-two Cents ($1.22) on each One Hundred
Dollars ($100) of assessed valuation.
(2) Ordinance to establish the tax levy on personal
property and machinery and tools for the Calendar
Year 1997 at the rate of Three Dollars and Seventy
Cents ($3.70) on each One Hundred Dollars ($100) of
assessed valuation.
(3) Ordinance to ANEND Section 35-159 of the Code of
the City of Virginia Beach re tax on transients
obtaining lodging.
(4) Ordinance to AMEND Chapter 18 of the Code of the
City of Virginia Beach re business licenses to
provide for license fees; and, eliminate license
tax for some businesses.
(5) Ordinance to AMEND Section 28-47 of the Code of the
City of Virginia Beach by ADDING a new provision re
a permit fee for septic tanks or other sewage
disposal systems.
(6) Ordinance to AMEND Chapter 13 of the Code of the
City of Virginia Beach by ADDING Article IV re
permits, annual assessments and permit fees for
food establishments.
(7) Ordinance to AMEND Section 18-56 of the Code of the
City of Virginia Beach re ADDING a fee requirement
for the permit issued by the Health Department to
any barbershop, beauty parlor, hairdressing
establishment or tanning salon.
(8) Ordinance to AMEND Sections 2-84, 2-85, 2-101,
2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-109.1,
2-110, 2-116 and 2-117 of the Code of the City of
Virginia Beach re part-time employees, promotions
and career progressions.
(9) Ordinance to APPROPRIATE for the Fiscal Year
beginning July 1, 1996, and ending June 30, 1997,
in the sum of Eight Hundred Ninety-seven Million,
Eight Hundred Eighty-five Thousand, Seven Hundred
Thirty-eight Dollars ($897,885,738) for operations
and Three Hundred Fourteen Million, Two Hundred
Forty-six Thousand, Ninety-one Dollars
($314,246,091) in Interfund Transfers, subject to
any amendments adopted by City Council and
regulating the payment of money out of the City
Treasury.
b. FY 1996-1997/FY 2000-2002 CAPITAL IMPROVEMENT PLAN
(1) Ordinance to authorize the issuance of General
Obligation Bonds of the City of Virginia Beach in
the maximum amount of $50,900,000 re various
Schools, Roadways, Coastal, Economic/Tourism,
Buildings and other Public Improvement Projects.
(2) Ordinance to authorize the issuance of Water and
Sewer System Revenue Bonds of the City of Virginia
Beach in the maximum amount of $6,960,000 re
improvements and expansions to the City's water and
Sewer System.
(3) Ordinance to authorize the issuance of Storm Water
Utility System Revenue Bonds of the City of
Virginia Beach in the maximum amount of $3,684,940
re improvements and expansions to the City's Storm
Water Utility System.
(4) Ordinance to ADOPT the FY 1996-1997/FY 2001-2002
Capital Improvement Program; and, APPROPRIATE
$98,075,071 for the FY 1996-1997 Capital Budget,
subject to funds being provided from various
sources, and further subject to any amendments
adopted by City Council.
2. Ordinance to AMEND and REORDAIN Sections 21-419, 21-422,
21-426 and 21-429; and, ADD section 21-424 of the Code of the
City of Virginia Beach re non-consensual towing of vehicles
from private property.
Deferred: 23 April 1996
3. Ordinance to AMEND Chapter 2 of the Code of the City of
Virginia Beach by ADDING Article XXVII re appointment of the
Sheriff as High Constable; and, establishment of the fees to
be collected by the High Constable.
4. Ordinance to AMEND the Code of the City of Virginia Beach by
REPEALING Section 6-8; and, ADDING Section 26-3.1 re peddling
on public property in the resort area.
5. Ordinance to authorize the City manager to submit the City's
1996-1997 Annual Funding Plan and applicable amendments to the
U.S. Department of Housing and Urban Development (HUD) for
review, approval and funding re support of Community
Development and Housing activities.
6. Ordinance to renew the permit of OCEANFRONT WATERSPORTS, INC.
to conduct a personal watercraft rental operation at the
Oceanfront for a final five-month term, from I May 1996 to
30 September 1996.
K. PUBLIC HEARING - PLANNING 3:00 pm
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. VIRGINIA BEACH/SOUTH PARKING, L.L.C. between Atlantic and
Pacific Avenues (VIRGINIA BEACH BOROUGH):
a. Petition for the discontinuance, closure and abandonment
of a portion of 8th Street, containing 22,738 square feet
Deferred: 23 April 1996
b. Ordinance to authorize the City Manager to execute a
lease re public parking spaces in the parking garage to
be constructed between 8th and 9th Streets.
Recommendation: APPROVAL
2. Application of MARK SUMMS for a Conditional Use Permit for a
bulk storage on the West side of Baker Road, 440 feet
more or less South of Ward Court, containing 2.8 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
3. Application of THE SALVATION ARMY ARC for a Conditional Use
Permit for auto sales and storage on the North side of
Virginia Beach Boulevard, West of Davis Street (5524 Virginia
Beach Boulevard, containing 5.4099 acres (BAYSIDE BOROUGH)
Recommendation: APPROVAL
4. Application of AUTO LAND for a Conditional Use Permit for a
used car sales at the Northeast corner of Independence
Boulevard and Smokey Road (1608 Independence Boulevard),
containing 30,492 square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
5. Applications of BETTY D. STEWART on the West side of Wakefield
Drive, South of Sir Richard Road, Parcels A-3 and A-4,
Thoroughgood Colony, containing 1.063 acres more or less
(BAYSIDE BOROUGH):
a. Variance to Section 4.5 of the Subdivision Ordinance
which requires public sites and open space
b. Change of Zoning District Classification from R-2.5
Residential Townhouse District to R-15 Residential
District
Recommendation: APPROVAL
L. APPOINTMENTS
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call; TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
05/09/96CMD AGENDA\05-14-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 14, 1996
Vice Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFING RE THE
TOWING ORDINANCE to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room,
City Hall Building, on Tuesday, May 14, 1996, at 11:30 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones and Vice Mayor William D. Sessoms, Jr.
Council Members Absent.-
Mayor Meyera E. Oberndorf [RADIATION TREATMENT
ENTERED: 1:00 P.M.]
Robert K. Dean [ENTERED: 11:38 A.M.]
William W. Harrison, Jr. [ENTERED: 11:41 A.M.]
Nancy K. Parker [DEATH OF UNCLE]
Louisa M. Strayhorn [ENTERED: 11:40 A.M.]
- 2 -
CITY MANAGER'S BRIEFING
TOWING ORDINANCE
11:30 AM.
ITEM # 40729
Assistant City Attorney Randall Blow referenced correspondence of May 10, 1996, citing differences
between the prepared ordinance and the recommendations of the Towing Advisory Board (TAB).
1. SIGN (Section 21-422, fine 59)
a. Proposed ordinance does not specify method of payment
b. TAB recommends that the words "CASH ONLY" be added
immediately after the quoted rate.
2. DROP FEE (Section 21-424, fines 137-140).
a. Pr@sed ordinance retains drop fee of $15; same as in prior
ordinance.
b. TAB recommends a fee of $25.
3. RELEASE (Section 21-422, fines 157-168)
a. Proposed ordinance authorizes a police officer to order a car
dropped in case of disturbance of peace.
b. TAB recommends that the police officer be required to obtain
authority from his/her supervisor prior to ordering a release.
4. FEE (Section 21-426, lines 182-194)
a. Proposed ordinance maintains the rate at the same level as it
was prior to deregulation, and $85 for vehicles in excess of
20,000 lbs.
b. TAB recommends $60 as the basic rate, and to charge the
prevailing commercial rates for vehicles in excess of 11,000 lbs.
5. STORAGE (Section 21-426, lines 202-212)
a. Proposed ordinance maintains rates at the same level as prior
to deregulation.
b TAB recommends lowering the weight limitation to 11,000 lbs.
tHis allows a storage fee of $15 for vehicles in excess thereof.
6 ABANDONED VEHICLE (Section 21-426, Lines 217-221)
a. Proposed ordinance retains $25 fee if not redeemed within five
(5) days which was applicable prior to deregulation.
b. TAB recommends authorization to charge a fee not exceeding
$35 for costs to search for the owner if not redeemed before 72
hours after tow.
May 14, 1996
3
CITY MANAGER'S BRIEFING
TOWING ORDINANCE
ITEM # 40729 (Continued)
7 PROHIBITED ACTS (Section 21-429, Lines 249-301)
a. The proposed ordinance permits towing from decal-controlled
lots (see lines 272-275) when a decal or placard is not
displayed,- it also permits towing from non-decal controlled
parking lots upon obtaining the written consent of the owner or
agent of the premises (see lines 276-281). No exceptions are
made for condominiums or apartment complexes.
b. TAB recommends that in addition to the provisions of this
section that with respect to any condominium, apartment
complex, or similar multi-family housing facility, a low truck
service or operation having a contract with the facility should
be authorized to tow a vehicle that is parked in a space that is
assigned to another vehicle upon the receipt of a telephone call
from the owner, agent or lessee of the facility or parking area.
Art Walker, President - Virginia Beach Wrecking Service, Member - Towing Advisory Board, advised
the TAB recommendations. Mr. Walker advised his service performs 1% of non-consensual towing
(Lynnhaven and Pembroke Mall). His rate for police calls is $60 and $40 for consent towing.
May 14, 1996
- 4 -
AGENDA REVIEW SESSION
11:58 A.M.
ITEM # 40730
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
J.3 Ordinance to AMEND Chapter 2 of the Code of the City of
Virginia Beach by ADDING Article XXVII re appointment of
the Sheriff as High Constable; and, establishment of the fees
to be collected by the High Constable.
J.4 Ordinance to AMEND the Code of the City of Virginia Beach
by REPEALING Section 6-8,- and ADDING Section 26-3.1
re peddling on public property in the resort area.
J.5 Ordinance to authorize the City Manager to submit the City's
1996-1997 Annual Funding Plan and applicable amendments
to the U.S. Department of Housing and Urban Development
(HUD) for review, approval and funding re support of
Community Development and Housing activities.
J.6 Ordinance to renew the permit of OCEANFRONT
WATERSPORTS, INC. to conduct a personal watercraft rental
operation at the Oceanfront for a final five -month term, from
1 May 1996 to 30 September 1996.
ITEM # 40731
7he City Attorney referenced.
K.1 VIRGINIA BEACH/SOUTH PARK[NG, L.L.C between
Atlantic and Pacific Avenues (VIRGINIA BEACH BOROUGH):
a. Petition for the discontinuance closure and abandonment of a
portion of 8th Street containing 22,738 square feet
b. Ordinance to authorize the City Manager to execute a lease
re public parking spaces in the parking garage to be
constructed between 8th and 9th Streets.
Assistant City Attorney Michael Nuchols distributed correspondence of May 14, 1996, from the City
Attorney relative the 8th Street Closure, a revised Parking Lease and an Amended Street Closure
Ordinance. The applicant for closure of 8th Street has requested Council's action today serve as a fmal
cimure of the Eighth Street parcel City Council can be assured that the conditions for this street
closure, which would otherwise have been set upon a preliminary consideration, will be fulfilled by the
applicant andlor the owner of the adjacent property by reason of the reversion provisions set forth in the
Declaration of Conditions, Restrictions and Reverter attached to the Ordinance, the most significant of
which is the title to the 8th Street parcel will revert to the City, if the parking garage is not built in a
timely fashion. There is a separate entrance for the ground level parking, which will be off of Atlantic
Avenue. The public will not be able to park on the ground level. These spaces will be utilized for the
benefit of the owners (Charles and Verne Burlage).
May 14, 1996
- 5 -
AGENDA REVIEW SESSION
ITEM # 40732
Vice Mayor Sessoms requested the Summs application be MOVED FORWARD prior to the Application
of Virginia Beach/South Parking, L.L.C
K2 Application of MARK SUMMS for a Conditional Use Permit
for a bulk storage facility on the West side of Baker Road, 440
feet more or less South of Ward Court, containing 2.8 acres
(BAYSIDE BOROUGH).
ITEM # 40733
Councibnan Heischober referenced non -profit auto sales are controlled differently 4han those for profit.
K3 Application of THE SALVATION ARMY ARC for a
Conditional Use Permit for auto sales and storage on the North
side of Virginia Beach Boulevard, West of Davis Street (5524
Virginia Beach Boulevard. containing 5.4099 acres (BAYSlDE
BOROUGH)
Councilman Heischober advised the following condition should be added to the Use Permit:
Proper licensing must be received from the Division of Motor Vehicles.
ITEM # 40734
Councilman Jones advised OPPOSITION.-
K.4 Application of AUTO LAND for a Conditional Use Permit for
a used car sales at the Northeast corner of Independence
Boulevard and Smokey Road (1608 Independence Boulevard),
containing 30,492 square feet (BAYSIDE BOROUGH)
This item will be discussed during the Formal Session.
ITEM # 40735
Vice Mayor Sessoms and Councilman Jones advised OPPOSITION.
K5 Applications of BETTY D. STEWART an the West side of
Wakefield Drive, South of Sir Richard Road, Parcels A-3 and
A-4, Thoroughgood Colony, containing 1.063 acres more or
less (BAYSIDE BOROUGH):
a. Variance to Section 4.5 of the
Subdivision Ordinance which
requires public sites and open
space
b. Change of Zoning District
Classification from R-2.5
Residential Townhouse District
to R-15 Residential District
6
AGENDA REVIEW SESSION
ITEM # 40736
E Dean Block, Director of Management Services, distributed a copy of a Memorandum from Dr. Donald
A. Peccia, Associate Superintendent - Administrative Services, relative the Preliminary School Operating
Budget Categorical Amounts; correspondence of May 13, 1996 from the City Manager with attachments
resulting from the City Council Reconciliation Workshop.
Attachment A reflected a proposed increase to the Budget by $9,884,259 for a total approved operating
budget of $907,769,997. Attachment B, reflected as a result of changes in the Reconciliation Workshop,
the proposed FY 1997-97 Capital Budget will increase by $1,562,556 for a total approved Capital Budget
of $229,637,627 and a total six year Capital Improvement Program of $1,009,248,440, inclusive of
appropriations to date.
The Appropriation Ordinance is hereby amended to appropriate the School Operating Fund by the
following categories:
Instruction $ 319,221,768
Administration, Attendance & Health 11,660,710
Pupil Transportation 15,666,079
Operating & Maintenance 40,754,122
$ 387,302.679
A substitute ordinance requested by Councilman Branch to extend the .5 percent tax on transients
obtaining lodging through the end of FY 1996-97 was also attached. The original proposal, as reflected
in the proposed budget eliminates the sunset provision resulting in the continuation of the tax indefinitely.
Mr. Branch's substitute ordinance extends the tax only through the remainder of FY 1996-97 to allow
for interested groups to consider a longer extension.
The City Manager advised subject to Council's concurrence, the City will proceed as quickly as possible
with the analysis of the automated curbside collection system, which should take approximately a year
to implement. The funding in the amount of $183,000 will provide for the expansion of the drop-off
recycling centers to 50 city-wide due to the deferment of the curbside recycling program. These will stay
in place even when the analysis of the automated curbside colkction system is completed.
- 7 -
CITY COUNCIL CONCERNS
12:25 PM.
ITEM # 40737
Council Lady Henley referenced the Public Meetings for the Comprehensive Plan. The PungolBlackwater
Area Meeting on May 13, 1996, was the most well attended Council Lady Henley urged attendance and
participation. The format solicits opinions from all. Public Meetings have been held in the following
locations.
Kellam High School
Creeds Elementary
77ta@ Elementary
Salem Middle School
On May 15, 1996, a Public Meeting will be held at Princess Anne Middle School. These have been well
publicized in the BEACON with the area to be discussed designated in a full page ad
Vice Mayor Sessoms complimented the Planning Department on their methodology.
ITEM # 40738
Councilman Branch advised the Budget which the City Council is to approve, includes funds for the
Hampton Roads Partnership, but hoped discussion would ensue relative the salary of the F-xecutive
Director and that other regional organizations would be researched in order to prevent repetition.
The City Manager advised the initial meeting of the Hampton Roads Partnership to consider the By-
Laws is May 15, 1996. Mayor Oberndorf will be participating. The City Manager distributed copies of
the By-Laws.
Councilman Harrison, having attended a meeting in the Mayor's stead, was advised the Hampton Roads
Partnership is the only regional body that involves both the private and public sector. 7he question needs
to be asked is there a need to participate in other activities now that the City is participating in the
Hampton Roads Partnership.
Councilman Branch advised he was confused, as he was informed one of the missions of the Partnership
was to bring in Economic Development. He believed Forward Hampton Roads and the City's own
Economic DevelWment Department was accomplishing this mission.
The City Manager advised the functions of all the organizations do need to be clariflet4 so there are no
duplications of functions. $15,000 is the annual dues for the Partnership.
ITEM # 40739
Vice Mayor Sessoms advised his concern relative the actions of some members of the Police Department
threatening to jeopardize a major funding mechanism of the City, and would hope the City Manager
would take whatever action necessary to prevent this from happening.
Council Lady Henley advised a minority may cast a different view and it would be unfortunate for the
professionalism in the police force to be marred. She attended the beautiful funeral for the police officer
tragically killed in the automobile accident. The police force was present in force and the professionalism
and caring was obvious.
ITEM # 40740
Councilman Baum complimented the press on their coverage of the Public Hearings re RESOURCE
MANAGEMENT PLAN (a) FY 1996-1997 OPERATING BUDGET APPROPRIATIONS and (b) FY
1996-1997IFY 2000-2002 CAPITAL IMPROVEMENT PLAN
May 14, 1996
- 8 -
ITEM # 40741
Vice Mayor William D. Sessoms, Jr. called to order the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 14, 1996, at
12:43 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Louisa M. Strayhorn and rice Mayor William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf and Nancy K. Parker
May 14, 1996
9
ITEM # 40742
Vice Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION, pursuant to Section 21-344, Code of Virginia, as amended, for the following
purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotio?4 performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344 (A) (1).
To Wit: Appointments - Boards and Commissions:
Virginia Beach Health Services Advisory Board
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Vice Mayor William D. Sessoms, Jr. and Louisa V. Strayhorn
Council Members Voting Nay:
None
Council Members Absent
Mayor Meyera E. Oberndorf and Nancy K. Parker
May 14, 1996
- 10 -
FORMAL SESION
VIRGINL4 BEACH CITY COUNCIL
May 14, 1996
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 14, 1996, at 2:00 P.M.
Council Members Present.
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Absent:
Nancy K Parker [I)F,477I OF UNCLE]
INVOC4TION., Dr. T E. 77tieman
Chaplain
PLEDGE OF ALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 14, 1996
item IV-L.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM 40743
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in laecutive @ession to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the Motion
convening the Fxecutive Session were heard, discussed or considered by
Virginia Beach City CounciL
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc]4 III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Ifenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. @essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
May 14, 1996
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40742 Page No. 9 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcatlon by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
May 14, 1996
- 12 -
Ite,m IV- El.
MINUTES ITEM # 40744
Upon motion by Vice Mator Sessoms, seconded by Councibnan Baum, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SEssioNS of May 9, 1996.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
May 14, 1996
- 13 -
Item IV- G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 40745
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 14, 1996
- 14 -
Item IV- G. 1.
PRESENTATION ITEM # 40746
Mayor Oberndorf introduced Mrs. Helen Woodard and Linda LaGardo, Thiird Grade Teachers,
accompanied by some of their students at North Landng Elementary School.
The students have been learning all about Virginia Beach in Social Studies. The children made 'corn
husk' dolls from paper towels representing the toys with which colonial children played. Now, the
children are studying Virginia Beach government; therefore, the children made dolls representing each
of the Members of the City Counci4 City Manager and City Clerk. The students presented the dolls to
the Council Members and appointed officials.
May 14, 1996
- 15 -
Item IV-LL
PUBLIC HFARING ITEM # 40747
Mayor Oberndorf DECLARED A PUBLIC HEARING:
BUSINESS LICENSE FEES AND TAX AMENDMENTS (BPOL)
The following registered in OPPOSITION.
Tony Battagila 2304 Wade Forest Street, Phone: 496-9300
John Vogel, 2400 London Bridge Road, Phone: 426-610
Colonel Engesser, 5290 Vestry Drive, Phone: 499-3157
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 14, 1996
- 16 -
Item IV-J.
ORDINANCES ITEM # 40748
CONSEAIT AGENDA
Upon motion by Vice Mayor Sessom, seconded by Councibnan Jones, City Council APPROVED in ONE
MOTION Items 3, 4, 5, and 6 of the CONSENT AGENDA (Ordinances).
Voting: 10-0
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Branc4 III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf lice Mayor Wzlliam D. @essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
May 14, 1996
- 17 -
Ite,m IV-Jla.tl)
ORDINANCES ITEM # 40749
RESOURCE MANAGEMENT PLAN
FY 19%-I"7 OPERATING BUDGET APPROPRL4TIONS
The following registered to speak in OPPOSITION to tax increases:
Mike Arsuaga, 520 Surfside Avenue, Phone: 425 - 7080
Vernon Fix, 4841 Princess Anne Road, Phone: 495-1541
Cynthia Arsuaga, 520 Surfside Avenue, Phone: 425-7084
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to establish the tax levy on real estate for Tax Fiycal Year
1997 at (he rate of One Dollar and Twenty-two Cents ($1.22) oil each
One Hundred Dollars ($100) of assessed valuation
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. BrancA III, grilliam W. flarrisori, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. ';trayhorri
Council Members Voting Nay:
Robert K Dean
Council Members Absent:
Nancy K Parker
May 14, 1996
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON
2 REAL ESTATE FOR TAX FISCAL YEAR 1997
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4 Section 1. AMOUNT OF LEVY ON REAL ESTATE.
5 There shall be levied and collected for fiscal year 1997 taxes for general purposes on all real estate, not exempt
6 from taxation and not otherwise provided for in this Ordinance, at the rate of one dollar twenty-two cents ($1.22) on each
7 one hundred dollars ($ 100) of assessed valuation thereof. The real property tax rates which have been prescribed in this
8 section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for
9 public service real property which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia, as
I 0 amended.
I I Sectton 2. AMOUNT OF LEVY ON "CERTIFIFD POLLUTION CONTROL EQUIPMENT AND FACILITIES"
1 2 CLASSIFIED AS REAL ESTATE.
1 3 In accordance with Section 58.1 -3660 (A) of the Code of Virginia (1950), as amended, there shall be levied
14 and collected for general purposes for fiscal year 1997, taxes on all real estate certified by the Commonwealth of Virginia
1 5 as "Certified Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of one dollar twenty-two cents
1 6 ($1.22) on each one hundred dollars ($ 100) of assessed valuation thereof. The real property tax rates imposed in this
1 7 section shall be applied on the basis of one hundred percentum of fair market value of such real property.
1 8 Section 3 AMOUNT OF LEVY ON REAL ESTATE WITHIN THE SAKIDBRIDCE SPE('IAI SERVICE DISTRICT
1 9 There shall be levied and collected for fiscal year 1997, taxes for the special purpose of providing beach and
20 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not
21 exempt from taxation, at the rate of six cents ($.06) per annum on each one hundred dollars ($100) of assessed value
22 thereof. This rate shall be in addition to rates provided in other ordinances. The real estate tax rate imposed herein shall
23 be applied on the basis on one hundred percentum of the fair market value of such real property except public service real
24 property which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia, as amended.
25 Section 4. CONSTITUTIONALITY.
26 That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any reason
27 declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this
28 Ordinance.
29 Section 5. EFFECTIVE-DATE.
30 This Ordinance shall be in effect from and after the date of its adoption.
31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of May, 1996.
APPROVED AS TO CONTENT
APPROVED AS TO
Dept. Of Manageme rvices LEGAL SUFFICIENCY
- 18 -
Item IY-J. la, (2)
ORDINANCES ITEM # 40750
RESOURCE MANAGEMENT PL4N
FY 1996-1997 OPERATING BUDGET APPROPRUTIONS
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorri, City Council ADOPTED:
Ordinance to establish the tax levy on personal property and machinery
and tools for the Calendar Year 1997 at the rate of Three Dollars and
Seventy Cents ($3.70) on each One Hundred Dollars ($100) of assessed
valuation.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, William W Ilarrisoti, Jr., Ilarold
Heischober, Barbara M. Henley, Louis P, Jones, Mayor Meyera F.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M Slrayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent.-
Nancy K Parker
May 14, 1996
1 AN ORDINANCE ESTABLISHING THE TAX LEVY
2 ON PERSONAL PROPERTY AND MACHINERY AND TOOLS
3 FOR THE CALENDAR YEAR 1997.
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there shall be levied
7 and collected for general purposes for the calendar year 1997, taxes on all tangible personal property, not exempt from
8 taxation and not otherwise provided for in this Ordinance, at the rate of three dollars and seventy cents ($3.70) on each
9 one hundred dollars ($ 100) assessed valuation thereof.
10 In accordance with Section 58.1-3504 for the Code of Virginia (1950), as amended, certain household goods
1 1 and personal effects as defined therein shall be exempt from taxation.
1 2 Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS
1 3 MOBILE-HOMES.
1 4 In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there shall be levied
1 5 and collected for general purposes for the calendar year 1997 taxes on all vehicles without motor power used or designated
1 6 to be used as mobile homes, at the rate of one dollar twenty-two cents ($1.22) on each one hundred dollars ($1 00) of
1 7 assessed valuation thereof.
1 8 Sertion 3. AMOUNT OF LEVY ON ALL BOATS OR WATEBCRAFT WEIGHING FIVE TONS OR MORE.
1 9 In accordance with section 58.1-3506 (A)(1) of the Code of Virginia (1950), as amended, there shall be levied
20 and collected for general purposes for the calendar year 1997 taxes on all boats or watercraft weighing five tons or more
21 at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof.
22 Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES"
23 CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
24 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be levied
25 and collected for general purposes for the calendar year 1997 taxes on all tangible personal property certified by the
26 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from taxation, at the rate
27 of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof.
28 Section 5. AMOUNT OF LEVY ON MACHINERY AND TOOLS
29 In accordance with Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be levied and
30 collected for general purposes for the calendar year 1997 taxes on machinery and tools, not exempt from taxation, at the
31 rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
32 Section 6. AMOUNT OF LEVY ON AlRCRAFT.
33 In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia 1950), as amended, there shall be levied
34 and collected for general purposes for the calendar year 1997 taxes on all aircraft at the rate of three dollars and seventy
35 cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof,
36 Section 7. AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES
37 In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950), as amended, there shall be levied
38 and collected for general purposes for the calendar year 1997 taxes on all antique automobiles at the rate of three dollars
39 and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof.
40 Section 8. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT.
41 In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950), as amended, there shall be levied
42 and collected for general purposes for the calendar year 1997 taxes on all heavy construction equipment at the rate of three
43 dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof.
44 Section 9. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE PERSONAL
45 PROPERTY
46 In accordance with Section 58.1 -3506 (A)(5) of the Code of Virginia (1 950), as amended, there shall be levied
47 and collected for general purposes for the calendar year 1997 taxes on all research and development tangible personal
48 property, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation
49 thereof.
50 Section 10. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
51 In accordance with Section 58,1-3506 (A)(7) of the Code of Virginia (1 950), as amended, there shall be levied
52 and collected for general purposes for the calendar year 1 997 taxes on all energy conversion equipment at the rate of one
53 dollar ($1 ) on each one hundred dollars ($1 00) of assessed valuation thereof.
54 Section 11. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
55 In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1 950), as amended, there shall be levied
56 and collected for general purposes for the calendar year 1997 taxes on all computer hardware used by businesses primarily
57 engaged in providing data processing services to other nonrelated or nonaffiliated businesses, not exempt from taxation,
58 at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof.
59 Section 12. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR
60 RECREATIONAL PURPOSES ONLY.
61 In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1 950), as amended, there shall be levied
62 and collected for general purposes for the calendar year 1997 taxes on all privately owned pleasure boats and watercraft
63 use for recreational purposes only, at the rate of one dollar and fifty cents ($1 .50) on each one hundred dollars ($1 00) of
64 assessed valuation thereof.
65 Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING TRAILERS AND MOTOR HOMES USED
66 FOR RECREATIONAL PURPOSES ONLY.
67 In accordance with Section 58.1-3506 (A)(1 6) of the Code of Virginia (1 950), as amended, there shall be levied
68 and collected for general purposes for the calendar year 1997 taxes on all privately owned camping trailers and motor homes
69 as defined in Section 46.2 1 00 of the Code of Virginia (1 950), which are used for recreational purposes only, at the rate
70 of one dollar and fifty cents ($1.50) on each one hundred dollars ($1 00) of assessed valuation thereof.
71 Section 14. AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED AND REGULARLY USED BY A DISABLED
72 VETERAN.
73 In accordance with Section 58.1-3506(A) (17) of the Code of Virginia (1950), as amended, there shall be a
74 reduced tax levy rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($1 00) of assessed valuation on one
75 (1) motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm
76 or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs.
77 Any motor vehicles in addition to the one (I ) so taxed shall not qualify for the taxation at the rate established herein, and
78 shall be taxed at the rate or rates applicable to that class of property. In order to qualify, the veteran shall provide a written
79 statement to the Commissioner of Revenue from the Department of Veterans' Affairs that the veteran has been so
80 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506(A) (1 7),
81 and that his disability is service connected. For purposes of this ordinance, a person is blind if he meets the provisions of
82 Section 46.2 739 of the Code of Virginia (1950), as amended.
83 Section 15. AMOUNT OF LEVY ON A MOTOR VEHICLE OWNED AND USED PRIMARILY BY OR FOR SOMEONE
84 AT LEAST SIXTY-FIVE YEARS OF AGE OR ANYONE FOUND TO BE PERMANENTLY AND TOTALLY DISABLED.
85 (a) In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia (1 950), as amended, there shall
86 be a reduced tax levy rate of three dollars ($3.00) on each one hundred dollars ($1 00.00) of assessed valuation on one (1)
87 motor vehicle owned and used primarily by or for anyone at least sixty-five years of age or anyone found to be permanently
88 and totally disabled, as defined in Section 58.1-3506.3 of the Code of Virginia (1 950), as amended, subject to the following
89 conditions:
90 1. The total combined income received, excluding the first $7,500 of income, from all sources during calendar
91 year 1997 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000).
92 2. The owners net financial worth, including the present value of all equitable interests, as of December 31,
93 of calendar year 1997, excluding the value of the principal residence and the land, not exceeding one acre, upon which it
94 is situated, shall not exceed seventy thousand dollars ($70,000).
95 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the case
96 may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle who
97 seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle may
98 be titled.
99 (b) Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or
100 if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied.
101 Section 16. ASSESSED VALUE DETERMINATION.
102 In accordance with Section 58.1-3103 of the Code of Virginia (1950), as amended, personal property mentioned
103 in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of Revenue for
104 the City of Virginia Beach.
105 Section 17. CONSTITUTIONALITY-
106 That if any part of parts, section or sections, sentences, clause, or phrase of this ordinance is for any reason
107 declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this
108 ordinance.
109 Section 18. EFFECTIVE DATE.
110 This ordinance shall be in effect January 1, 1997,
ill Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of May, 1996.
APPROVED AS TO CONTENT
APPROVED AS TO
Dept. Of Managemi LEGAL SUFFICIENCY
- 19 -
Item IV-J. la, (3)
ORDINANCES ITEM # 40751
RESOURCE MANAGEMENT PLAN
FY 1996-1997 OPERATING BUDGET APPROPRIATIONS
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED, AS
REVISED:
Ordinance to AMEND Section 35-159 of the Code of the City of
Virginia Beach re tax on transients obtaining lodging.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Ilarrisori, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K. Dean
Council Members Absent:
Nancy K. Parker
May 14, 1996
I AN ORDINANCE TO AMEND SECTION 35-159 OF THE CITY CODE
2 PERTAINING TO THE TAX ON TRANSIENTS OBTAINING LODGING
3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA:
5 That Section of the Code of the City of Virginia Beach,
6 Virginia, is hereby amended and reordained to read as follows:
7 Sec. 35-159. Levied; amount.
8 (a) There is hereby levied and imposed on each transient a tax
9 equivalent to five and one-half (5.5) percent of the total amount
10 paid for lodging, by or for any such transient, to any lodging
11 place, plus a flat tax of one dollar ($1.00) for each night of
12 lodging at any lodging place other than a campground. The
13 percentage-based portion of the tax rate is effective January 1,
14 1993, and shall remain in effect until may i, July 1. 1997, at
15 which time it shall be reduced by one-half (0.5) percent. The flat
16 tax is effective September 1, 1995, and shall remain in effect
17 until June 30, 1997.
18 (b) There is hereby levied and imposed on each transient
19 within the Sandbridge Special Service District (district) a tax, in
20 addition to that levied in subsection (a) hereof, equivalent to two
21 (2) percent of the total amount paid for lodging within the
22 district, by or for any such transient to any lodging place,
23 excluding hotels, motels and travel campgrounds. The additional
24 tax rate is effective January 1, 1995, and shall remain in effect
25 until January 1, 1996, at which time the additional tax rate shall
26 be four (4) percent.
27 Adopted by the City Council of the City of Virginia Beach,
28 Virginia, on this 14 day of May 1996.
29 CA-6245 APPROVED AS TO CONTENT
30 DATA/ORDIN/PROPOSED/35-159.ORl
31 MAY 9, 1996
32 R4
M@gement Servi
APPROVED AS TO LEGAL
SUFFICIIENCY
@rtment of La
- 20 -
Item IV-J. la. (4)
ORDINANCES ITEM # 40752
RESOURCE MANAGEMENT PLAN
FY 1996-1997 OPERATING BUDGET APPROPRIATIONS
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND Chapter 18 of the Code of the City of Virginia
Beach re business Licenses to provide for license fees; and, elinzinate
license tax for some businesses.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc); III, William W Ilarrisoll, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent.-
Nancy K Parker
May 14, 1996
1
2
3 AN ORDINANCE TO AMEND CHAPTER 18 OF
4 THE CITY CODE PERTAINING TO BUSINESS
5 LICENSES TO PROVIDE FOR LICENSE FEES
6 AND AN ELIMINATION OF LICENSE TAX
7 FOR SOME BUSINESSES
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Chapter 18 is hereby amended and reordained by adding a
12 new section 18-5.2 and amending sections 18-46, 18-47, 18-48, 18-
13 52, 18-53, 18-54, 18-55, 18-56, 18-58, 18,59, 18-60, 18-62, 18-63,
14 18-64, 18-65, 18-66, 18-71, 18-72, 18-73, 18-74, 18-75, 18-76.1,
15 18-77, 18-80, 18-82, 18-85, 18-86, 18-87, 18-89, 18-89.5, 18-90,
16 18-91, 18-92, 18-99, 18-100, 18-100.1, 18-101, 18-102, 18-104, IS-
17 104.1, 18-105, 18-109, 18-110, 18-112, 18-113, 18-114, and 18-116
18 of the Code of the City of Virginia Beach, Virginia, to read as
19 follows:
20 Sec. 18-5.2. License fees and taxes.
21 Effective January 1, 1997. every lperson required b section
22 18-5 of this chapter to have a business license shall Pay the
23 following license fees and taxes, as aipplicable, unless
24 specifically Provided otherwise:
25 (a) Businesses with gross receipts during the preceding
26 calendar year of between one dollar ($1.00) and twenty-five
27 thousand dollars ($25,000.00) shall Dav a fee of forty doll
28 ($40.00),
29 (b) Businesses with gross receipts during the preceding
30 calendar year of between twenty-five thousand and one dollars
31 ($25,001.00) and one hundred thousand dollars ($100,000.00) shall
32 Pay a fee of fifty dollars ($50.00);
33 (C) Businesses with gross receipts during the preceding
34 calendar year of greater than one hundred thousand dollars
35 ($100,000.00) shall ipay a fee of fifty dollars ($50.00) and a
36 license tax on gross receipts. Such license tax shall be
37 calculated by applying the specific percentage rate Provided in
38 this chapter for each different classification of businesses to the
39 amount of a business' gross receipts; and
40 (d) For the purposes of this section, the term "gross
41 receipts shall include, but not be limited to, the following:
42 gross receipts, gross sales, gross purchases, gross commissions,
43 gross contracts or orders.
44 . . .
45 Sec. 18-46. Unclassified businesses or trades.
46 For -Eevery person engaged in any business or trade not subject
47 to a specific license tax under the provisions of this chapter or
48 other ordinance of the city shall pay a the license tax equal te
49 the greater ef $30.00 er 0.32 pereent rate shall be thirty-six one
50 hundredths of one percent of the gross receipts, in such business
51 or trade during the preceding calendar year.
52 Sec. 18-47. Agents for selling books, magazines and
53 periodicals.
54 (a) Baeh agent fer selling bee]Es, magazines and periedieals
55 shall: pay a *-:a-;F e--f the greater- ef $3().()() er- C).36 per-eent @
56 The license tax rate for each agent selling books, magazines and
57 Periodicals shall be thirty-six one hundredths of one percent of
58 the gross receipts attributable to the business conducted within
59 the city during the preceding calendar year. In addition, a fee of
60 $20.00 will be collected from each agent granted a permit to sell
61 door-to-door.
62 (b) A license, the tax for which is set out in this section,
63 shall not authorize the licensee to sell, offer for sale or solicit
64 the sale of any books, magazines or periodicals on the streets,
65 lanes, alleys or public places in the city unless compliance shall
66 have been made with all applicable provisions of chapter 26 of this
67 Code.
68 Sec. 18-48. Agricultural service businesses.
69 (a) Every persen engaged
-.. ---I -,--eultural sei-vi:ee
70 business shall pay a lieense tam equal te the greater ef $goes e-r
71 0.36 pereent The license tax rate for every Person engaged in any
72 agricultural service business shall be thirty-six one hundredths of
2
7 3 one Percent of the gross receipts in such business during the
74 preceding calendar year.
75 (b) Agricultural service businesses, as referred to in this
76 section, shall include those businesses set out below and any
77 miscellaneous agricultural service businesses not elsewhere
78 classified:
79 (1) Grist mills, including custom flour mills.
80 (2) Crop dusting: contract.
81 (3) Crop spraying: contract.
82 (4) Weed control, on a contract or fee basis.
83 (5) Animal hospitals.
84 (6) Animal husbandry services:
85 a. Animal breeding and training.
86 b. Dog grooming shops.
87 C. Kennels.
88 (7) Horticultural services.
89 . . .
90 Sec. 18-52. Amusement and recreation service businesses.
91 (a) The license tax rate for -Eevery person engaged in any
92 amusement and recreation service business shall pay a I:ieense ta)f
93 equal te the greater ef $30-09 er 9.36 pereent be thirty-six one
94 hundredths of one percent of the gross receipts in such business
95 during the preceding calendar year.
96 (b) Amusement and recreation service businesses referred to
97 in this section shall include those businesses set out below and
98 any miscellaneous amusement and recreation service businesses not
99 elsewhere classified:
100 (1) Dance studios and schools.
101 (2) Theatrical producers.
102 (3) Bowling alleys.
103 (4) Sports promoters.
104 (5) Skating rinks.
105 (6) Amusement centers.
106 (7) Golf clubs.
107 (8) Race track operations.
3
108 (9) motion picture services industries.
109 See. 18-53. Amusement parks.
110 (a) The owner or operator of any permanent park for public
1ll amusement in the city open to the public shall, for the privilege
112 of operating within such park a bowling alley, hobby horse, merry-
113 go-round, ferris wheel, old mill, dip-the-dips and other similar
114 amusements, bathhouses, boat houses, parking lots and the following
115 coin-operated devices: Machines for exhibiting pictures, automatic
116 photo machines, baseball machines, bowling alley machines, hockey
117 machines, auto testing machines, machines for testing strength or
118 grip, electronic gun and rifle machines, aeroplane-testing
119 machines, basketball machines, foot-ease machines, weight scale
120 machines, punching bag machines, tractor machines, crane machines,
121 voice-recording machines and similar coin-operated amusement
12 2 devices that are usual to an amusement arcade operation, other than
12 3 coin-operated pinball machines, shall pay the license tax
124 : the greater ef $39. rate of thirty-six one undredths
125 of one percent of the gross receipts, exclusive of any federal and
126 city admission tax thereon, from all such activities, except the
127 gross receipts from the operation of such bathhouses, boat houses
128 and parking lots; provided, that coin-operated pinball machines
129 shall be separately licensed under the law relating thereto.
130 (b) When an amusement park has six (6) or less of the
131 amusements enumerated in subsection (a) of this section, sueh
132 lieense tax shall be as . the owner or 1 iday
133 $100.00 for each amusement and, in addition thereto, he license
134 tax rate shall be 0.36 thirty-six one hundredths of one percent of
135 the gross receipts from all the amusements, exclusive of any
136 federal and city admission tax thereon.
137 (c) Whenever any amusement within an amusement park is
138 operated by a person other than the operator of such park, such
13 9 person shall pay for such amusement the felleiiing license tax: the
140 greater ef er- @-.36 rate of thirty-six one hundredths of one
141 percent of the gross receipts therefrom, exclusive of any federal
142 and city admission tax thereon.
4
143 (d) Any person, other than the operator of an amusement park,
144 who shall operate any amusement within such park, for which tickets
145 are not sold, such as recording the voice, guessing one's weight,
146 testing one's strength and the like, shall pay a the license tax
147 rate of the greater ef $39.00 er E-).36 thirty-six one hundredths of
148 one percent of the gross receipts therefrom.
149 (e) Any person operating any concession, amusement enterprise
150 or other like business enterprise, for which a license tax is not
151 specif ically provided in this section, shall pay an annua3: the
152 license tax ef the greater- of ------ er C).36 rate of thirtv-six one
153 hundredths of one percent of the gross receipts therefrom.
154 (f) A license for the operation of any permanent park for
155 public amusement in the city open to the public shall not be
15 6 construed to authorize the operation within such park of any hotel,
157 dance hall, motion picture theatre, theatre, restaurant or store or
158 the sale of beer, wine or tobacco or the conduct of any other
159 business or occupation for which a specific license is required by
160 this chapter.
161 (g) No license tax provided in this section shall be
162 prorated.
163 (h) The commissioner of revenue may require an applicant for
164 a license under this section to file with him a certificate in
165 writing, sworn to before an officer authorized to administer oaths,
166 that the operation of the amusement or activity proposed to be so
167 licensed does not include any element of gambling.
168 (i) No license issued under this section shall be construed
169 to authorize the licensee to operate any amusement or other
170 activity the operation of which is prohibited by law.
171 Sec. 18-54. Athletic fields or parks for professional sports.
172 (a) The license tax rate for E;every person operating an
173 athletic field or park for professional baseball games, football
174 games and other professional games of similar character, where a
175 charge is made for admission, shall pay a I:ieense tax ef- the
17 6 ejr-eatel. e-@ 130.00 er- -A.-@r- be thirty-six one hundredths of one
177 percent of the gross receipts, exclusive of any federal and city
5
178 admission tax thereon, from admissions to such athletic field or
179 park.
180 (b) The payment of the license tax imposed by this section
181 shall not be construed to authorize, within such athletic field or
182 park, the sale of beer, wine, tobacco or other articles or the
183 conduct of any business, vocation or calling for which a specific
184 license is required by this chapter.
185 Sec. 18-55. Automotive services and garage businesses.
18 6 (a) The license tax rate for Fevery person engaged in any
187 automotive service and garage business shall pay a !!sense ta)-
188 equal to the greater- ef- $30.9() er- 0.36 be thirty-six one hundredths
189 of one percent of the gross receipts in such business during the
190 preceding calendar year.
191 (b) Automotive services and garage businesses as referred to
192 in this section shall include those businesses set out below and
1 9 3 any miscellaneous automotive services and garage businesses not
194 elsewhere classified:
195 (1) Automobile rentals, without drivers.
196 (2) Truck rental and leasing, without drivers.
197 (3) Utility and house trailer rental.
198 (4) Automobile parking.
199 (5) Automobile repair shops.
200 (6) Tire retreading and repair shops.
201 (7) Paint shops.
202 (8) Automobile laundries.
2 03 Sec. 18-56. Barbershops, beauty parlors and barber and beauty
204 culture schools.
205 (a) For the purposes of this section, the following words and
206 phrases shall be construed as follows:
2 07 (1) Barbering or hairdressing: Any one or any combination of
208 the following acts, when done on the human body for pay
209 or reward and not for the treatment of disease: Shaving,
210 shaping and trimming the beard; cutting, curling,
211 singeing, shampooing or dyeing the hair or applying
212 lotions thereto; or applications, treatment or massages
6
2 13 of the face, neck or scalp with oil, creams, lotions,
2 14 cosmetics, antiseptics, powders, clays or other
2 15 preparations in connection with shaving, cutting or
216 trimming the hair or beard.
217 (2) Barbershops; beauty parlors: Any establishment or place
218 of business within which the practice of barbering or
219 hairdressing is engaged in or carried on by one or more
220 barbers.
22 1 (b) The license tax rate for Bevery person who shall conduct
222 or operate a barbershop shall pay a lieense ta)f ef- the eji-eatei- ef
22 3 er- 9.316 be thirty-six one hundredths of one percent on gross
224 receipts in such business during the preceding calendar year.
2 2 5 (c) The license tax rate for -Bevery person who shall conduct
2 2 6 or operate a beauty parlor. @ hairdressing establishment, or
227 tanning salon shall pay a lieense ta)f ef- the cjr-eater- ef- $3().E)E) er-
228 9.96 be thirty-six one hundredths of one percent of gross receipts
2 2 9 in such business during the preceding calendar year. A license
230 issued under this chapter pursuant to the payment of the license
231 tax set out in this subsection shall not authorize the teaching or
232 instruction of beauty culture or cosmetology.
2 3 3 (d) The license tax rate for E;every person who shall conduct
23 4 or operate a barber school or beauty culture school shall pay a
2 3 5 *:a;, f the greater ef $30.99 er 0.36 be thirty-six one
236 hundredths of one percent of the gross receipts in such business
237 during the preceding calendar year. The rendering by students in
238 such school, in the course of their training, of services usually
239 performed in barbershops and beauty parlors shall not require the
240 payment of an additional license tax required by this section.
24 1 (e) No license for a barbershop, beauty parlor or
242 hairdressing establishment shall be issued under this chapter
2 4 3 unless and until there is presented to the commissioner of the
244 revenue a permit from the director of public health for the
245 operation of such business. If the director of public health
246 refuses to issue such permit, he shall notify the applicant, in
247 writing, of his reasons therefor and the applicant may appeal such
7
248 refusal to the city council within thirty (30) days from the date
249 of such notice.
250 (f) Where merchandise is sold at a barbershop, beauty parlor,
251 hairdressing establishment, barber school or beauty culture school
252 licensed under this section, a merchant's license shall be
253 required, in addition to the barbershop, beauty parlor,
2 54 hairdressing establishment, barber school or beauty culture school
255 license; provided, however, that the licensee in question may make
25 6 sales of merchandise used in the operation of such barbershop,
257 beauty parlor, hairdressing establishment, barber school or beauty
258 culture school not to exceed $250.00 in any calendar year, without
259 paying such additional merchant's license tax.
260 . . .
261 See. 18-58. Barging and lightering.
262 The license tax rate for Eevery person engaged in the city in
2 63 the business of barging and lightering, or who shall hire out
264 barges, lighters or vessels to do this work, or have an office in
265 the city where such contracts are made, shall pay a lieense ta)E ef
266 the gl-eater ef $30.00 sr 0.36 be thirty-six one hundredths of one
2 67 percent of the gross receipts in such business conducted in the
268 city during the preceding calendar year.
269 Sec. 18-59. Beach equipment rental--Generally.
270 (a) The license tax rate for Eeach person engaged in the
27 1 business of renting beach equipment in the city shall pay a 3:ieeiise
272 ta)f ef the greater- ef $30.99 sr 9.96 be thirty-six one hundredths
273 of one percent of the gross receipts in such business during the
274 preceding calendar year.
275 (b) For the purpose of this section, the term "beach
276 equipment" shall mean dugouts, umbrellas, chairs, windbreakers, air
277 floats and life rafts.
278 Sec. 18-60. Same--Surfboards.
279 (a) The license tax rate for -Beach person engaged in the
280 business of renting surfboards in the city shall pay a lieense ta)f
281 ef the greater ef $90.90 er 0.36 be thirty-six one hundredths of
8
282 one percent of the gross receipts in such business during the
283 preceding calendar year.
284 (b) All surfboards offered for rent shall be marked with a
285 permanent identification indicating that they are for rent.
286 (c) No license shall be issued for the rental of surfboards
287 until the applicant therefor shall have presented a certificate,
288 approved by the city attorney as to form and surety, of personal
2 89 injury liability insurance coverage in the amount of $100,000.00
2 90 per person and $300,000.00 per accident and property damage
291 liability insurance in the amount of $5,000.00.
292 . . .
2 9 3 Sec. 18-62. Billiard, pool or bagatelle tables or shuf f leboards.
2 94 (a) The license tax rate for -Eevery person engaged in the
295 business of operating a pool room in which are located billiard,
296 pool or bagatelle tables or shuffleboards shall pay a lieense ta)f
297 ef the greater ef $30.00 er 0.96 be thirty-six one hundredths of
2 98 one percent of the gross receipts in such business during the
299 preceding calendar year.
3 00 (b) No license shall be issued under this chapter for the
301 operation of a poolroom within the city unless a permit shall have
3 02 been obtained from the chief of police. If the chief of police
3 0 3 refuses to issue such permit, he shall notify the applicant, in
304 writing, of his reasons therefor and the applicant may appeal such
3 05 refusal to the city council within thirty days from the date of
306 such notice.
307 Sec. 18-63. Billposters.
308 (a) The license tax rate for Eevery person engaged in
309 business as a billposter shall pay a lieense ta)i ef the greater ef
310 $30.00 er- 9.3-6 be thirty-six one hundredths of one percent of the
311 gross receipts in such business.
3 12 (b) The term "billposter," as used in this section, shall
3 1 3 mean any person who shall, for compensation, post bills, distribute
314 circulars and handbills or tack or nail signs in public places.
9
315 See. 18-64. Boardinghouses, lodging houses and tourist homes.
316 The license tax rate for -Bevery person engaged in keeping a
3 17 boardinghouse, lodging house or tourist home, where the total
3 18 number of rooms available for boarders or lodgers is 5 or less
3 19 shall pay an afinual: lieense ta)f of the gi-eater- ef- $3().GO er- E).36 be
320 thirty-six one hundredths of one percent of the gross receipts.
321 Where the total number of rooms available for boarders or lodgers
3 2 2 is over 5, such person shall pay the license tax required of hotels
323 and other like establishments under section 18-85.
324 Sec. 18-65. Bondsmen.
325 (a) The license tax rate for Bevery person who shall, for
326 compensation, enter into any bond or bonds for others, whether as
327 principal or surety, shall pay a lieense ta)c ef the greater ef
328 $30.99 er 0.34 be thirty-six one hundredths of one percent of the
32 9 gross receipts in such business during the preceding calendar year.
3 3 0 (b) The word "person" as used in this section, shall include
3 3 1 any professional bondsman or his agent or any agent or attorney-in-
3 3 2 fact of guarantee, indemnity, fidelity and security companies,
333 doing business in the state under the provisions of sections 38.1
334 639 te 38.1 657 E38.2-2400 to 38.2-2420i- of the Code of Virginia,
335 who enters into bonds for bail, appearances, costs or appeals.
3 3 6 (c) Any person who shall, for compensation, enter into any
3 37 bond for others, whether as principal or surety, without having
3 3 8 obtained a license shall be guilty of a misdemeanor and, on
339 conviction thereof, shall be fined not less than $50.00 nor more
340 than $500.00 for each offense.
3 4 1 (d) No license, the tax for which is set out in this section
342 shall be issued unless there is presented to the commissioner of
343 revenue a certificate from the judge of the circuit court approving
344 the issuance of the license and certifying that the person seeking
3 4 5 such license is of good moral character, that his past conduct
34 6 before the courts of this city has not been unsatisfactory and that
347 he is suitable to be licensed.
3 4 8 (e) Every person licensed under this section shall be subject
349 to and governed by any reasonable rules of conduct or procedure set
10
350 up by the judge or judges of the court in which he is acting as a
351 bondsman and shall be further subject to the provisions of section
352 . -F58.1-3724+ of the Code of Virginia.
353 (f) No person holding a license, the tax for which is set out
354 in this section, other than an agent or attorney-in-fact of any
355 guarantee, indemnity, fidelity or security company referred to in
356 subsection (b) above, shall enter into any bond, if the aggregate
357 of the penalties of all bonds on which he has not been released
358 from liability is in excess of the true market value of his real
359 estate or security as approved by the circuit court, or if an agent
360 or attorney-in-fact of a guarantee, indemnity, fidelity or security
361 company doing business in the state under the provision of sections
362 38.1: 639 te 38.4: 657 E38.2-2400 to 38.2-2420-1 of the Code of
363 Virginia, until he shall have filed his authority to act as agent
364 or attorney-in-fact with the circuit court of the city.
365 (g) Every person licensed under this section shall file with
366 the clerk of the circuit court of this city, not later than the
367 fifth day of each month, a list of all outstanding bonds on which
368 he was obligated as of the last day of the preceding month,
369 together with the amount of the penalty of each such bond.
370 (h) A license, the tax for which is set out in this section,
371 may be revoked at any time by the judge of the circuit court, for
372 failure to comply with any of the terms or conditions set out in
373 this section.
374 Sec. 18-66. card-writing stands.
3 75 The license tax rate for -Eevery person operating a card-
376 writing stand shall pay a lieense tax ef the greater ef $39.99 er
3 77 0.96 be thirty-six one hundredths of one percent of the gross
378 receipts therefrom.
379 . . .
380 See. 18-71. city directories.
381 The license tax rate for Bevery person engaged in the city in
3 82 the business of publishing or distributing a directory, commonly
3 8 3 known as a "City directory", having an office or representative, or
384 making a contract for work or soliciting for work, in the city,
11
385 shall pay a 3:ieense @-.. -@ @ - -- L- 9.36 be thirty-
eam OE elie tjf ecit
386 six one hundred hs of one percent of the gross receipts
387 attributable to the business conducted within the city during the
3 88 preceding calendar year. In addition, a fee of $20.00 will be
389 collected from each agent granted a permit to solicit.
390 Sec. 18-72. Coin-operated machines--Operators.
391 (a) For the purpose of this section, the term "operator"
392 shall mean any person selling, leasing, renting or otherwise
3 9 3 furnishing or providing a coin-operated machine or device operated
394 on the coin-in-the-slot principle, which machine or device is
395 located within the city, whether or not such operator has a fixed
3 9 6 place of business within the city; provided, however, that the term
3 97 "operator" shall not include a person owning less than three (3)
398 coin machines and operating such machines on property owned or
399 leased by such person.
4 00 (b) Every operator shall pay a license tax of $200.00 and, in
4 01 addition, the Ejr-eatei- ef- $39.90 er- 0.@ a license tax of thirty-six
4 02 one hundredths of one percent on the share of gross receipts
4 03 actually received by the operator from such business for the
404 preceding calendar year.
4 05 (c) The operator's license tax of $200.00 shall not be
406 applicable to operators of weighing machines, automatic baggage or
4 07 parcel checking machines or receptacles, nor to operators of
4 08 vending machines which are so constructed as to do nothing but vend
409 goods, wares and merchandise or postage stamps or provide service
410 only, nor to operators of viewing machines or photomat machines,
411 nor to operators of devices or machines affording rides to children
412 or for the delivery of newspapers.
4 1 3 (d) Upon making application for a license as an operator, the
414 applicant shall file with the commissioner of revenue, in
415 duplicate, a list of the locations of all machines and devices
416 sold, leased, rented or otherwise furnished to or placed with
417 others and, during the current license year, every operator shall
4 18 notify the commissioner of revenue, in writing in duplicate, of all
12
4 19 changes in locations of such machines and devices, within five days
420 after such changes are made.
421 (e) Every operator, before commencing doing business in the
422 city, shall register with the commissioner of revenue and deposit
42 3 with him a bond in the amount of $1,000.00, payable to the city, to
424 insure the keeping of adequate records, the filing of reports in
42 5 such form and at such times as may be prescribed by the
426 commissioner of revenue and the proper payment to the city of the
4 27 tax imposed by this section. The form and surety of such bond shall
428 be determined by the commissioner of revenue.
4 29 (f) Every coin machine covered by this section shall be
430 plainly marked by the owner thereof with the name and address of
431 such owner.
4 32 (g) Any person violating the provisions of this section shall
433 be guilty of a misdemeanor and shall be subject to a fine of not
4 34 less than $50.00 nor more than $500.00 for each offense and the
435 machine or other device shall become forfeited to the city.
436 Sec. 18-73. Vending machines.
437 (a) Every person engaged in the business of selling goods,
4 3 8 wares and merchandise through the use of coin-operated vending
439 machines shall be classified as a retail merchant on that phase or
44 0 part of the business done through such machines and shall pay a
441 *-zg-;F ef the greater ef $30.00 sr 9.20 the license tax rate
4 42 shall be twenty one hundredths of one percent of the gross receipts
44 3 for the privilege of doing business in this city; provided,
444 however, that if any such person has more than one definite place
445 in this city at which goods, wares or merchandise are stored, kept
446 or assembled for supplying such vending machines, each such place
447 in excess of one shall be regarded as an additional definite place
448 of business.
449 (b) The term "vending machine," as used in this section,
450 includes only such machines as vend goods, wares and merchandise
451 and gives to the customer on every purchase his money's worth in
452 goods, wares or merchandise. The term does not include any machine
13
453 the operation of which is prohibited by law, nor any machine which
454 has any gambling or amusement feature whatsoever.
4 55 (c) The term "engaged in the business of selling goods, wares
4 56 and merchandise through the use of coin-operated vending machines,"
4 57 as used in this section, shall be construed as including the use of
4 58 such machines by a soft drink manufacturer or bottler and a
4 59 manufacturer or packager of nuts, candy and sandwiches, who leases,
4 60 rents or otherwise furnishes vending machines to his customers for
461 their use in selling at retail soft drinks or packaged nuts, candy
462 or sandwiches, as well as a soft drink manufacturer or bottler or
4 63 a manufacturer or packager of nuts, candy and sandwiches, who
4 64 himself sells his products at retail through the use of such
4 65 machines. Every such soft drink manufacturer or bottler and
4 66 manufacturer or packager of nuts, candy and sandwiches shall
4 67 report, at retail selling prices, all sales made through such
468 vending machines and shall pay the tax thereon under this section
4 69 accordingly. A soft drink manufacturer or bottler and a
47 0 manufacturer or packager of nuts, candy and sandwiches licensed
471 under this section shall be deemed to have qualified as to all
472 vending machines placed and in any way serviced by him, whether the
473 sales at retail through the use of such machines are made by the
474 manufacturer, packager or bottler himself or by his customers.
475 (d) The use of a cigarette-vending machine on premises which
476 are not already covered by a tobacco retailer's license shall
477 require the owner of such cigarette vending machine to take out a
478 tobacco retailer's license for that location.
479 (e) Every vending machine shall be plainly marked by the
480 owner thereof with the name and address of such owner.
481 (f) Any person violating any of the provisions of this
482 section shall be guilty of a misdemeanor and on conviction thereof
483 shall be punished by a fine of not more than five hundred dollars
484 ($500.00) or by imprisonment not exceeding twelve (12) months, or
48 5 both, in the discretion of the jury or of the court trying the case
486 without a jury.
14
487 Sec. 18-74. Commercial service businesses.
488 (a) The license tax rate for Bevery person engaged in any
489 commercial service business shall pay a lieense ta)f eqaal te the
490 gi-eatel- ef $3E).()O at= 0.3-6 be thirty-six one hundredths of one
491 percent of the gross receipts in such business during the preceding
492 calendar year.
493 (b) Commercial service businesses referred to in this section
494 shall include those businesses set out below and any miscellaneous
495 commercial service business not elsewhere classified:
496 (1) Advertising.
497 (2) Consumer credit reporting agencies, mercantile.
498 (3) Reporting agencies and adjustment agencies.
499 (4) Collection agencies.
500 (5) Duplicating, addressing, blueprinting.
501 (6) Photocopying, mailing, mailing list and stenographic
502 services.
503 (7) Building cleaning, disinfecting, exterminating services.
504 (8) Private employment agencies.
505 (9) Commercial research and development laboratories.
506 (10) Business, management, administrative and consulting
507 services.
508 (11) Protective services.
509 (12) Equipment rental and leasing services.
510 (13) Photofinishing laboratories.
511 (14) Commercial testing laboratories.
512 (15) Temporary help supply services.
513 (16) Commission merchants.
514 Sec. 18-75. Contractors and persons constructing houses for
515 subsequent sale or rental.
516 (a) Subject to the provisions of section 58 299 @58.1-3715@
517 of the Code of Virginia, the license tax rate for every person
518 engaged in any contracting service business shall pay a lieemse ta)-
519 equal te the greater ef $30.00 er- be sixteen one hundredths
520 of one percent of the gross receipts in such business during the
52 1 preceding calendar year. Contract service businesses referred to in
15
522 this subsection shall include those businesses set out below and
523 any miscellaneous contract service business not elsewhere
524 classified:
525 (1) General building contractors.
526 (2) Highway and street construction.
527 (3) Heavy construction.
528 (4) Special trade contractors:
529 a. Plumbing, heating and air-conditioning.
530 b. Painting, paper hanging and decorating.
531 C. Electrical.
532 d. Masonry, stone setting and other.
533 e. Stonework.
534 f. Plastering and lathing.
535 q. Terrazzo, tile, marble and mosaic work.
536 h. Carpentering.
537 i. Floor laying and other floorwork.
538 j. Roofing and sheet metal work.
539 k. Concrete work.
540 1. Structural steel erection.
541 M. Ornamental metal work.
542 n. Glass and glazing work.
543 0. Excavating and foundation work.
544 P. Wrecking and demolition work.
545 q. Removing contents of privies, cesspools, septic
546 tanks and other similar facilities.
547 (b) Any person engaged in the business of erecting or
54 8 constructing office buildings, motels, hotels, condominiums, houses
549 or any other structures suitable for habitation for the purpose of
550 selling the same, not employing therefor a contractor or person who
551 shall act as superintendent who has paid the license tax required
552 by law, shall pay a license tax as provided in subsection (a) of
553 this section for a person engaged in business as a contractor;
554 provided, however, if such person maintains ownership of such
555 structure and rents or leases rooms or space in such structure,
556 then the license tax rate for such person shall pay a lieense ta)f
16
557 eqaal: t-e the .... er be sixteen one hundredths of one
558 percent of the actual cost of construction. No license for the
559 conduct of such business shall be transferred.
560 (c) Every person licensed under this section shall, within
561 thirty (30) days from the issuance of a building permit, furnish
562 the commissioner of revenue, on forms provided by him, the amount
563 of each subcontract, along with the names and addresses of all
564 subcontractors to be employed in the construction of the work
565 encompassed by such permit. Failure to comply with the provisions
566 of this subsection shall constitute a basis for the revocation of
567 the building permit and suspension of all work under such permit.
568 . . .
569 Sec. 18-76.1. Dealers in precious metals and gems.
570 (a) Definitions. For the purposes of this section, the
571 following definitions shall apply:
572 (1) "Coin" means any piece of gold, silver or other metal
573 fashioned into a prescribed shape, weight and degree of fineness,
574 stamped by authority of a government with certain marks and
575 devices, and having a certain fixed value as money.
57 6 (2) "Dealer" means any person, firm, partnership or
577 corporation engaged in the business of purchasing, acquiring or
578 selling secondhand precious metals or gems, or precious metals or
579 gems removed in any manner from manufactured articles not then
580 owned by such person, firm, partnership or corporation. "Dealer"
581 includes all employers and principals on whose behalf a purchase is
582 made, and any employee or agent who makes any purchase for or on
583 behalf of an employer or principal.
584 This definition shall not be construed so as to include
585 persons engaged in the following:
586 a. Purchases of precious metals or gems directly from
587 other dealers, manufacturers, or wholesalers for
588 retail or wholesale inventories.
589 b. Purchases of precious metals or gems from a duly
590 qualified fiduciary who is disposing of the assets
17
591 of the estate being administered by such fiduciary
592 in the administration of an estate.
59 3 C. Acceptance by a retail merchant of trade-in
594 merchandise previously sold by such retail merchant
595 to the person presenting that merchandise for
596 trade-in.
597 d. Preparing, restoring or designing jewelry by retail
598 merchant, if such activities are within the normal
599 course of business.
600 e. Purchases of precious metals or gems by industrial
601 refiners and manufacturers, insofar as such
602 purchases are made directly from retail merchants
603 or wholesalers.
604 f. Persons regularly engaged in the business of
605 purchasing and processing nonprecious scrap metals
606 which incidentally may contain traces of precious
607 metals recoverable as a by-product.
608 (3) "Gems" means any items containing precious or
609 semiprecious stones customarily used in jewelry.
610 (4) "Precious metals" means any item except coins composed in
611 whole or in part of gold, silver, platinum or platinum alloys.
612 (b) Tax levied on receipts. he license tax rate for @every
613 dealer engaged in business in the city of purchasing, acquiring or
614 selling secondhand precious metals or gems shall pay a I:ieense ta)f
615 equal te the greater ef be thirty-six one hundredths of
616 one percent of gross receipts received in the resale of such
617 precious metals or gems made during the preceding calendar year.
618 (c) Dealers shall obtain a permit from the chief of police
619 prior to obtaining a license under this chapter in accordance with
620 section 18-32.
621 . . .
622 Sec. 18-77. Detectives, detective agencies, watchmen services,
623 security patrols and similar security services.
62 4 (a) The license tax rate for -Bevery person operating a
625 detective agency or engaged in the business of a detective shall
62 6 pay a li:eense ta)f t)ie gl-eatei- ef- be thirty-six one
18
627 hundredths of one percent of the gross receipts in such business
62 8 during the preceding calendar year. Any person or agency obtaining
629 a license under this subsection may conduct the business of
63 0 furnishing watchmen for compensation, without securing an
63 1 additional license under subsection (b) of this section for so
632 doing.
63 3 (b) The license tax rate for Bevery person or agency
63 4 furnishing watchmen, security patrols or similar security services
635 for compensation shall pay a lieense tax ef the
63 6 be thirty-six one hundredths of one percent of the gross
637 receipts in such business during the preceding calendar year.
638 (c) As a prerequisite to obtaining the license required by
639 this section, every person operating a detective agency, watchmen
640 service, security patrol or similar security service or engaged in
641 the business of a detective or watchman must have (1) an approved
64 2 private security services business license from the Virginia
643 Department of Criminal Justice Services or its successor agency as
64 4 required under Virginia Code sections 9-183.1 through 9-183.12;
645 and, (2) the written approval of the chief of police of the city as
64 6 to badges, insignia and uniforms that will be used by such
647 detective, detective agency, security patrol, security service,
64 8 watchmen or watchmen service, and as to the insignias, lettering or
649 decals to be used on private security patrol vehicles.
650 . . .
651 See. 18-80. Educational service businesses.
652 (a) The license tax rate for @very person engaged in any
653 educational service business shall pay a lieense ta3f eqaal te the
654 ejr-eat-er- ef- $30.0() er- 0.@ be thirty-six one hundredths of one
655 percent of the gross receipts in such businesses during the
656 preceding calendar year.
657 (b) Educational service businesses referred to in this
658 section shall include those businesses set out below and any
659 miscellaneous educational service business not elsewhere
660 classified:
661 (1) Private academies.
19
662 (2) Boarding schools.
663 (3) Day nurseries.
664 (4) Finishing schools.
665 (5) Kindergartens.
666 (6) Nursery schools.
667 (7) Correspondence schools.
668 (8) Aviation schools.
669 (9) Business colleges and schools (not of college grade).
670 (10) Commercial art schools.
671 (11) Data processing schools.
672 . . .
673 Sec. 18-82. Emigrant labor agents.
67 4 (a) The license tax rate for -Eevery person engaged in the
675 business of soliciting, hiring or contracting with laborers to be
67 6 employed by persons other than himself beyond the limits of the
677 state, and every agent of such person, shall pay a lieense ta3i ef
678 the greater ef $39.09 er 0.36 be thirty-six one hundredths of one
679 percent of the gross receipts in such business during the preceding
680 calendar year. Such license shall not be transferred.
68 1 (b) No license, the tax for which is prescribed by this
68 2 section shall be issued unless the applicant submits to the
68 3 commissioner of revenue a certificate from the circuit court to the
684 effect that, to the personal knowledge of the judge of such court
685 or from the information of credible witnesses under oath before
686 such court, the court is satisfied that such applicant is a person
687 of good character and honest demeanor.
688 (c) This subsection shall not apply to state contractors
689 temporarily engaged on contracts in other states when they
690 themselves are employing labor for their own work nor shall this
69 1 section apply to representatives of labor organizations within the
692 state when, because of need of employment, they may direct their
693 members to employment in other states.
694 . . .
20
695 Sec. 18-85. Hotels, motels, motor lodges, etc.
696 The license tax rate for -Eevery person conducting the business
697 of keeping a hotel, motel, motor lodge, auto court or tourist camp
698 shall pay an annual lieense ta)f eqeal te the greater ef $39.00 er
699 0.36 be thirty-six one hundredths of one percent of the gross
700 receipts during the preceding calendar year, except receipts from
701 telephone service and except rent from stores and offices.
702 Sec. 18-86. Junk dealers and canvassers; secondhand dealers.
7 03 (a) The license tax rate for Eevery person engaged in
704 business in the city as a junk dealer or secondhand dealer shall
705 pay a lieense ta)E equal te the greater ef $30.00 @ be thirty-six
706 one hundredths of one percent of the gross sales, whether paid for
707 or not, in such business during the preceding calendar year.
708 (b) No license to engage in business as a junk dealer or
709 secondhand dealer in the city shall be issued until the applicant
710 therefor has obtained a permit from the chief of police in
711 accordance with section 18-32. If the chief of police refuses to
7 12 issue such permit, he or she shall notify the applicant, in
7 13 writing, of the reasons therefor and the applicant may appeal such
714 refusal to the city council within thirty days from the date of
715 such notice.
716 Sec. 18-87. marinas.
717 The license tax rate for -Eevery person engaged in the business
718 of keeping or operating a marina shall pay a lieense ta)e eqaal t-e
719 the gr-eatel- ef- $39.09 er- be thirty-six one hundredths of one
720 percent of the gross receipts, including the gross receipts from
721 repairs and from the berthing of boats, in such business during
722 the preceding calendar year.
723 . . .
724 Sec. 18-89. Merchants, retail.
725 (a) The license tax rate for @every person engaged in the
726 business of a retail merchant, as defined in section 18-2, shall
727 pay a lieense ta)f equal te the greater ef $30.09 @ be twenty one
21
728 hundredths of one percent of the gross sales, whether paid or not,
729 in such business during the preceding calendar year.
730 (b) For the purposes of this section, the gross sales of a
7 3 1 motor vehicle dealer may be computed after consideration of
732 allowances for cash discounts given and used motor vehicles taken
7 3 3 in trade. When used or secondhand vehicles are sold, the price
734 received therefor shall be considered as sales.
735 (c) Where a merchant conducts both a retail and a wholesale
736 business, separate license taxes shall be paid on the retail and
7 3 7 wholesale parts of such business; provided, however, that any
738 retail merchant who desires to do a wholesale business also may
73 9 elect to do such wholesale business under a retailer's license by
740 paying license taxes under this section as a retailer on both the
741 retail business and the wholesale business.
742 Sec. 18-89.5. Mail-order sales.
74 3 The license tax rate for ELevery person engaged in the business
744 of a mail-order warehouse distribution center (other than
745 manufacturers), who advertises his products by use of circulars or
746 catalogs which are mailed to his customers, and who receives orders
747 in this city and who ships or mails all such orders from this city
74 8 directly to his customers shall
749 e as follows:
750 (1) 0.20 percent of the gross receipts
751 Vear up to $40,000,000.00, plus
752 (2) 0.10 percent of the gross receipts
753 year between $40,000,000.01 and $60,000,000.00, plus
754 (3) 0.05 percent of the gross receipts
755 year between $60,000,000.01 and $100,000,000.00, plus
756 (4) 0.025 percent of the gross receipts in excess of
757 $loo,ooo,ooo.oo.
758 Sec. 18-90. Merchants, wholesale.
759 (a) he license tax rate for @every person engaged in the
760 business of a wholesale merchant, as defined in section 18-2, shall
761 b-e twelve one hundredths of one percent
22
7 62 of all gross purchases in such business du@n the Preceding year,
7 63 in emeess e f- $25, C)OE-)
764 year-, ss ef a Yviheles@
7 65 mei-ehant iihe-e Ej@. s during
766 the preceding year- shall
767 (b) When a merchant conducts both a wholesale and a retail
768 business, separate license taxes shall be paid on the wholesale and
769 retail parts of such business; provided, however, that any
770 wholesale merchant who desires to do a retail business also may
771 elect to do so under a retailer's license by paying the license
7 7 2 taxes as a retailer on both the retail business and the wholesale
773 business.
77 4 (c) Any person who maintains no place of business in the city
775 and who stores goods, wares and merchandise in a public warehouse
7 7 6 or public warehouses in the city, for ultimate distribution to
777 wholesalers only or to the federal or state government, or to any
778 agency of either of such governments, shall not be classified as a
779 wholesale merchant and shall not be subject to a license tax as
780 such.
781 Sec. 18-91. Money lenders generally; handling or dealing in
782 installment paper.
78 3 (a) The licen-,p i-A@ @n+-- @-- Bevery person, other than
784 banks, bankers, pawnbrokers and those set forth in the following
785 subsections of this section engaged in the business of purchasing
786 salaries, lending money, or handling or dealing in installment
787 paper, with or without security or endorsement, shall
78 8
789 f one percent of the gross receipts in such business during the
790 preceding calendar year.
791 (b) No license, the tax for which is set out in this section,
792 shall be transferable.
793 Sec. 18-92. Pawnbrokers.
794 (a) 43e-very person engaged in
95 business as a pawnbroker shall
23
796 be thirty-six one hundredths of one percent of the gross
797 receipts in such business during the preceding calendar year.
79 8 (b) For the purpose of this section, a pawnbroker is any
799 person meeting the definition provided at S 54.1-4000 Of the Code
800 of Virginia, as amended.
801 (c) No license to engage in business as a pawnbroker in the
8 02 city shall be issued under this chapter unless the applicant
8 03 therefor shall produce to the commissioner of the revenue the
804 license required by S 54.1-4001 of the Code of Virginia, as
805 amended.
806 (d) No license to engage in business as a pawnbroker in the
807 city shall be issued until the applicant therefor has obtained a
808 permit from the chief of police in accordance with section 18-32.
809 if the chief of police refuses to issue such permit, he shall
810 notify the applicant, in writing, of his reasons therefor and the
811 applicant may appeal such refusal to the city council within thirty
812 (30) days from the date of such notice.
813 (e) Upon conviction of the holder of a license to engage in
814 business as a pawnbroker in the city for the violation of any state
8 15 law or provision of this code or other ordinance of the city
816 concerning pawnbrokers, such license shall be deemed forfeited
817 without further adjudication.
818 . . .
819 Sec. 18-99. Personal service businesses.
820 (a) The license tax rate for @every person engaged in any
821 personal service business as defined in section 18-2 shall
82 2 be thirty-six one
823 hundredths of one percent of the gross receipts in such business
824 during the preceding calendar year.
825 (b) Personal service businesses referred to in this section
8 2 6 shall include, but not be limited to, those businesses set out
82 7 below and any miscellaneous personal service business not elsewhere
828 classified:
829 (1) Laundries, family and commercial.
830 (2) Linen supply.
24
831 (3) Diaper service.
832 (4) coin-operated laundries and dry cleaning.
833 (5) Dry cleaning and dyeing.
834 (6) Rug cleaning and repairing.
835 (7) Industrial launderers.
836 (8) Photographic studios, including commercial.
837 (9) Photography.
838 (10) Shoe repair shops, shoe shine parlors and hat
839 cleaning shops.
840 (11) Funeral service and crematories.
841 (12) Garment pressing, alteration and repair.
842 (c) For each vehicle or conveyance used by a person who has
84 3 been licensed to solicit for laundry, cleaning, dyeing and pressing
844 work, as set forth in this section, the commissioner of revenue
845 shall issue a tag or number plate, in form prescribed by the
84 6 commissioner of the revenue, to evidence the payment of the license
847 tax imposed by this section, which tag or number plate shall be
848 attached to such vehicle or conveyance.
849 See. 18-100. Photographers, film developers, etc., with no
850 permanent place of business in city.
8 5 1 The license tax rate for Eevery person engaged in the business
852 of taking pictures or photographs or developing, copying or
853 enlarging the same, or both, but who has no permanent place of
854 business in the city, shall pay a lieense tam ef the greater ef
855 $39.00 er- 9.34 be thirty-six one hundredths of one percent of the
856 gross receipts attributable to such business conducted in the city
857 during the preceding calendar year.
858 Sec. 18-100.1. Professional service businesses and professions.
859 The license tax rate for -Bevery person engaged in any
860 professional service business or profession as defined in section
861 18-2 shall pay a lieense ta3f eelual te the greater ef- $99.99 ei- be
862 fifty-eight one hundredths of one percent of the gross receipts in
863 such business during the preceding calendar year.
25
864 Sec. 18-101. Real estate and finance businesses.
865 The license tax rate for -Eevery person engaged in any real
866 estate or financial services businesses as defined in section 18-2
867 shall pay a lieense taif equal: te the gr-eatei- ef $39.90 e-r- be fifty-
868 eight one hundredths of one percent of the gross receipts in such
869 business during the preceding calendar year.
870 Sec. 18-102. Repair service businesses.
871 (a) The license tax rate for Eevery person engaged in any
872 repair service business shall pay a lieefkse ta)e equal: te the
87 3 Ejl-eater- ef $3().OE) er- be thirty-six one hundredths of one percent of
874 the gross receipts in such business during the preceding calendar
875 year.
876 (b) Repair-service businesses referred to in this section
877 shall include those businesses set out below and any miscellaneous
878 repair service business not elsewhere classified:
879 (1) Bicycle repair shop.
880 (2) Boiler repair shop.
881 (3) Coppersmith.
882 (4) Electrical appliance repair shop.
883 (5) Engine repair shop.
884 (6) Fountain pen repairing.
885 (7) Fountain repairing.
886 (8) Furniture repairing or cleaning.
887 (9) Harness and leather repairing.
888 (10) Household and office appliance or equipment
889 repairing or cleaning.
890 (11) Lawn mower repairing.
891 (12) (Reserved.)
892 (13) Luggage repair.
893 (14) Machine shop.
894 (15) Mattress renovating and repairing.
895 (16) Motor repairing and rewinding.
896 (17) Musical instrument repairing.
897 (18) Radio or television repair shop.
898 (19) Refrigerator repair shop.
26
899 (20) Rug cleaning.
900 (21) scale repairing.
901 (22) Sewing machine repair shop.
902 (23) Tailor (repair work).
903 (24) Tank repair shop.
904 (25) upholstering establishment.
905 (26) Watch and jewelry repairing.
906 . . .
907 Sec. 18-104. Shooting galleries and archery ranges.
908 The license tax rate.for -Bevery person operating a shooting
909 gallery or archery gallery or archery range shall pay a lieense taif
910 ef the greater ef be tbirty-six one
911 one percent of the gross receipts in such business during the
912 preceding calendar year.
913 Sec. 18-104.1. Short-term rental business.
914 Every person engaged in the short-term rental business as
915 defined in section 35-252 of this Code shall be classified in the
916 category of retail sales and shall pay a license tax rate equal to
917 that imposed in section 18-89 on merchants, retail.
918 Sec. 18-105. Taxicabs and for-hire cars.
919 The license ax rate for -Bevery person engaged in the business
9 2 0 of operating taxicabs or for-hire cars over the streets of the
92 1 city, under provisions of this Code and other ordinances of the
9 2 2 city regulating the operation of taxicabs and for-hire cars, to
92 3 whom a certificate of public convenience and necessity for the
92 4 operation of such taxicabs and for-hire cars has been issued, shall
925 pay a I:ieense ta)f ef the Ejr-eater- ef- $30.90 er- 9.3-6 be thirty-six
92 6 one hundredths of one percent of the gross receipts in such
927 business during the preceding calendar year.
928 . . .
929 See. 18-109. Theatres for moving pictures.
9 3 0 (a) The license tax rate for Eevery person engaged in the
9 3 1 business of furnishing entertainment by the use of moving or
93 2 talking pictures in a theatre or drive-in establishment where a
27
9 3 3 charge is made for admission shall pay a 4:ieense ta)f ef- the Efreater
934 ef $39.00 or 0.36 be thirty-six one hundredths of one percent of
9 3 5 the gross receipts, exclusive of any federal or city excise tax
936 thereon, received for admissions during the preceding calendar
937 year. Where merchandise is sold at any such theatre, a merchant's
938 license shall be required in addition to the above.
939 (b) No license shall be issued for furnishing entertainment
940 by the use of moving or talking pictures in a theatre or drive-in
94 1 establishment unless there is presented to the commissioner of
942 revenue a permit from the city council for the operation of such
943 theatre or drive-in establishment.
944 See. 18-110. Theatrical performances, etc.
945 (a) The license tax rate for Gn every theatrical performance
946 or any performance similar thereto, panorama or any public
947 performance or exhibition of any kind, except motion pictures,
948 where an admission fee is charged, there shall be paid a lieense
949 OC) er- thirtv-six one hundreds of one
950 percent of the gross receipts therefrom.
951 (b) Any person conducting a theatre may take out an annual
952 license by paying the same annual license tax provided by section
953 18-109 for moving picture theaters.
954 (c) No license tax shall be charged under this section when
955 the whole of the net proceeds are applied for religious, charitable
956 or educational purposes.
957 . . .
958 See. 18-112. Trading stamps, premium coupons, etc.
959 (a) The li ense tax rate for @every person engaged in the
960 business of selling or issuing trading stamps or any similar
9 6 1 devices to merchants or redeeming trading stamps or any similar
962 devices, giving money rebates or other things of value to therefor,
963 shall pay a I- be
964 thirty-siv nno of one percent of the value of the
965 trading stamps or any similar devices sold, issued or redeemed, in
966 such business during the preceding calendar year.
28
9 67 (b) The license tax rate for ilevery person who shall redeem,
9 68 on behalf of any manufacturer, premium coupons, certificates or
9 69 similar devices attached to original packages put up by such
970 manufacturer and sold under his trade name, brand or mark shall be
971 pay a I:ieense ta)e ef the eji-eater- ef- $3e. hirt -six one
97 2 hundredths of one percent on the value of the premium coupons,
973 certificates or similar devices.
97 4 (c) As used in this section, the word "value" shall mean the
975 value of the money rebates or the average value, if sold at retail,
976 of the goods, merchandise, commodities or other things of value for
977 which the trading stamps or any similar derives may be redeemed.
978 (d) The license taxes specified in this section shall not be
979 imposed upon any person who shall issue stamps or any similar
980 devices directly to any customer, where redemption is made by such
981 person directly to such customer without intervention of any third
982 person.
983 See. 18-113. Trailer courts.
984 (a) For the purposes of this section, the words "trailer
985 court" shall mean a space provided for two (2) or more occupied
986 house trailers.
987 (b) The license tax rate for Bevery person conducting the
988 business of keeping a trailer court shall pay an annaal i-ieense ta)c
989 equal te the @eater- ef- $30.09 er- 0.36 be thirty-six one hundredths
990 of one percent of the gross receipts of the business during the
991 preceding calendar year.
992 See. 18-114. Transportation and warehousing businesses.
99 3 (a) The license tax rate for -Bevery person engaged in any
994 transportation and warehousing business shall pay a lieense tax ef
995 the greater et $39.09 er A.49 be thirty-six one hundredths of one
996 percent of the gross receipts in such business during the preceding
997 calendar year.
998 (b) Transportation and warehousing businesses referred to in
999 this section shall include those businesses set out below and any
1000 miscellaneous transportation and warehousing business not elsewhere
1001 classified:
29
1002 (1) Local trucking and storage.
1003 (2) Farm product warehousing and storage.
1004 (3) Refrigerated warehousing.
1005 (4) Food lockers, with or without food preparation
1006 facilities.
1007 (5) Household goods warehousing and storage.
1008 (6) General warehousing and storage.
1009 (7) Towing and tugboat service.
1010 (8) Excursion boats.
1011 (9) Sight-seeing boats.
1012 (10) Marine cargo handling.
1013 (11) Water transportation services, not elsewhere classified:
1014 a. Boat hiring, except pleasure.
1015 b. Boat yards, storage and incidental repair.
1016 C. Marine salvaging.
1017 d. Rental or charter of commercial boats.
1018 (12) Flying charter service.
1019 (13) Sight-seeing airplane service.
1020 (14) Airports and flying fields.
1021 (15) Pipeline transportation.
1022 (16) Transportation services.
1023 (17) Arrangement of transportation.
1024 (18) Stockyards.
1025 (19) Packing and crating.
1026 . . .
1027 See. 18-116. Wrecking or salvaging automobiles.
1028 The license tax rate for Eevery person engaged in the business
1029 of wrecking or salvaging automobiles, having an office or
1030 representative or making contracts for work or soliciting work in
1031 the city, shall pay a lieense tax a# the greater of $@G.Gg er 9,36
1032 be thirty-six one hundredths of one percent of the gross receipts
1033 in such business during the preceding calendar year.
1034 The effective date of this ordinance shall be January 1, 1997.
30
1034 Adopted by the City Council of the City of Virginia Beach on
1035 this . 14th day of May 1996.
1036 CA-6261
1037 DATA/ORDIN/PROPOSED/18-46ETC.ORD
1038 MAY 6, 1996
1039 R4
APPROVED AS 7'0 CONTENT
10.
t of the Con
of Revenue
APPPROVED AS TO LEGAL
SUFFICIENCY
-S
ent of Law
31
- 21 -
Item IV-J. la, (5)
ORDINANCES ITEM # 40753
RESOURCE MANAGEMENT PLAN
FY 1996-1997 OPERATING BUDGET APPROPRIATIONS
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorti, City Council ADOPTED:
Ordinance to AMEND Section 28-47 of the Code of the City of rirginia
Beach by ADDING a new provision re a permit fee for septic tanks, or
other sewage disposal systeim.
Voting: 9-1
Council Members Voting Aye:
John A. Baun4 Linwood 0. Branch, III, William W. flarrisott, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera I,.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent.-
Nancy K Parker
May 14, 1996
1 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING
2 A NEW PROVISION PERTAINING TO A PERMIT FEE FOR
3 SEPTIC TANKS OR OTHER SEWAGE DISPOSAL SYSTEMS
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That Section 28-47 of the Code of the City of Virginia Beach,
7 Virginia, is hereby amended and reordained to read as follows:
8 See. 28-47. Permit required to install or repair.
9 (a) It shall be unlawful for any person to install or repair,
10 have installed or repaired, allow to be installed or repaired or
11 contract to install or repair any septic tank or other sewage
12 disposal system for himself/herself or any other person before the
13 owner of the property on which the septic tank or other system is
14 to be installed or repaired obtains a permit from the director of
15 public health@ and Days a fee in the amount of seventv-five dollars
16 ($75.00).
17 (b) Notwithstanding the above, no fee shall be recfuired for
is a permit to repair an existing septic tank or other sewacfe disposal
19 system which has been previously approved.
20 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of
21 May -1996-
22 CA-6247
23 DATAIORDIN/PROPOSED/28-47.COM
24 MAY 27,1996
25 R3
APPROVED AS TO CONTFNT
Department of Public Health
APPROVEI) AS TO LEGAL
SUFFICEENCY
Department of Law
- 22 -
Item IV-J. la. (6)
ORDINANCES ITEM # 40754
RESOURCE MANAGEMENT PLAN
FY 1996-1997 OPERATING BUDGET APPROPRIATIONS
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorri, City Council ADOPTED:
Ordinance to AMEND Chapter 13 of the Code of the City of Virginia
Beach by ADDING Article IV re permits, annual assessments and permit
fees for food establishments
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent.-
Nancy K Parker
May 14. 1996
1 AN ORDINANCE TO AMEND THE CITY CODE TO PROVIDE FOR FOOD
2 ESTABLISHMENT PERMITS, ANNUAL ASSESSMENTS FOR SUCH
3 ESTABLISHMENTS, AND A PERMIT FEE
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That Chapter 13 of the Code of the City of Virginia Beach,
7 Virginia, is hereby amended by adding a new Article IV, consisting
8 of Sections 13-60, 13-61 and 13-62, to read as follows:
9 ARTICLE IV. PERMIT AND RELATED
10 REOUIREMENTS FOR FOOD ESTABLISHMENTS
11 Sec. 13-60. Food service establishments-permit recruited.
12 Beginning July 1. 1996, as a prerequisite to operation, the
13 owner or operator of every food service establishment regulated by
14 the department of Public health shall. on an annual basis, obtain
15 a Permit for each such establishment from the department, and Day
16 a permit fee in the amount of twenty-five dollars ($25.00). To
17 obtain a food service establishment iperinit, an applicant must
is demonstrate that his or her establishment has underdone the annual
19 assessment as Provided bv section 13-61 of this article.
20 Sec. 13-61. Annual assessment of food service establishments.
21 Beginning July 1, 1996, every food service establishment
22 regulated by the department of Public health shall. on an annual
23 basis, be assessed by the department Prior to the issuance of any
24 permit. Such assessment shall include an evaluation of the food
25 service and its operation and a determination of the frequency of
26 inspections the establishment.
27 eC. 13-62. Penalty federation without permit.
28 Any owner or operator service establishment
29 regulated by the department of Public health which is found guilty
30 of operating ermit required by section 13-60 of this
31 article shall be @lity of a misdemeanor and subject to a fine of
32 up to one thousand dollar
33 Adopted by t4e, City Council of the City of Virginia Beach,
34 Virginia, on this 14 day of September 1996.
35 CA-6248
36 DATA/ORDIN/PROPOSED/13-60ET.ORD
37 MAY 8, 1996
38 R6
APPROVED AS TO CONTENT
Department of Public Health
APPROVED AS T'O LEGAL
SLTFFICIENCY
Department of Law
- 23 -
ftm IV-J. la, (7)
ORDINANCES ITEM # 40755
RESOURCE MANAGEMENT PLAN
FY 1996-1997 OPERATING BUDGET APPROPRL4TIONS
Upon motion by Vice Mayor Sessonu, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND Section 18-56 of the Code of the City of Virginia
Beach re ADDING a fee requirement for the permit issued by the Health
Department to any barbershop, beauty parlor, hairdressing
establfshment or tanning salon.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, William W. liarrisorl, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones Mayor Meyera E
Oberndorf Vice Mayor William D. 5essoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent:
Nancy K Parker
May 14, 1996
1 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING
2 A FEE REQUIREMENT FOR THE PERMIT ISSUED BY THE
3 HEALTH DEPARTMENT TO ANY BARBERSHOP, BEAUTY
4 PARLOR, HAIRDRESSING ESTABLISHMENT, OR TANNING
5 SALON
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 18-56 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Sec. 18-56. Barbershops, beauty parlors. and barber and beauty
11 culture schools, and tanning salons.
12 (a) For the purposes of this section, the following words and
13 phrases shall be construed as follows:
14 (1) Barbering or hairdressing: Any one or any
15 combination of the following acts, when done on the human body for
16 pay or reward and not for the treatment of disease: Shaving,
17 shaping and trimming the beard; cutting, curling, singeing,
18 shampooing or dyeing the hair or applying lotions thereto; or
19 applications, treatment or massages of the face, neck or scalp with
20 oil, creams, lotions, cosmetics, antiseptics, powders, clays or
21 other preparations in connection with shaving, cutting or trimming
22 the hair or beard.
23 (2) Barbershops; beauty parlors: Any establishment or
24 place of business within which the practice of barbering or
25 hairdressing is engaged in or carried on by one or more barbers.
26 (3) Tanning salon: Any establishment or place of
27 business Providing Persons access to eguiipment used for the tanning
28 of human skin, including sunlamps. tannina booths, or tanning beds.
29 This definition shall not include any Physician who employs tanning
30 equipment in his or her Practice.
31 (b) Every person who shall conduct or operate a barbershop
32 shall pay a license tax of the greater of $30.00 or 0.36 percent on
33 gross receipts in such business during the preceding calendar year.
34 (c) Every person who shall conduct or operate a beauty parlor
35 or hairdressing establishment shall pay a license tax of the
3 6 greater of $30.00 or 0.36 percent of gross receipts in such
37 business during the preceding calendar year. A license issued
38 under this chapter pursuant to the payment of the license tax set
39 out in this subsection shall not authorize the teaching or
40 instruction of beauty culture or cosmetology.
41 (d) Every person who shall conduct or operate a barber school
42 or beauty culture school shall pay a license tax of the greater of
43 $30.00 or 0.36 percent of the gross receipts in such business
44 during the preceding calendar year. The rendering by students in
45 such school, in the course of their training, of services usually
46 performed in barbershops and beauty parlors shall not require the
47 payment of an additional license tax required by this section.
48 (e) No license for a barbershop, beauty parlor.
49 hairdressing establishment, or tanning salon shall be issued or
50 renewed under this chapter unless and until there is presented to
51 the commissioner of the revenue a current permit from the director
52 of public health for the operation of such business. The permit
53 required by this section shall be issued on an annual basis upon
54 Payment of a fee in the amount of twenty-five dollars ($25.00) to
55 the director of uublic health. If the director of public health
56 refuses to issue such permit, he shall notify the applicant, in
57 writing, of his reasons therefor and the applicant may appeal such
58 refusal to the city council within thirty (30) days from the date
59 of such notice.
60 (f) Where merchandise is sold at a barbershop, beauty parlor,
61 hairdressing establishment, barber school or beauty culture school
62 licensed under this section, a merchant's license shall be
63 required, in addition to the barbershop, beauty parlor,
64 hairdressing establishment, barber school or beauty culture school
65 license; provided, however, that the licensee in question may make
66 sales of merchandise used in the operation of such barbershop,
67 beauty parlor, hairdressing establishment, barber school or beauty
2
68 culture school not to exceed $250.00 in any calendar year, without
69 paying such additional merchant's license tax.
70 Adopted by the City Council of the City of Virginia Beach,
71 Virginia, on this 4 day of May 1996.
72 CA-6246
73 DATA/ORDIN/PROPOSED/18-56.ORD
74 MAY 6, 1996
75 R6
76 APPROVED AS TO CONTENT
77
78 Department of Publ
79
80 commie
81 APPROVED AS TO LEGAL
82 SUFFICIENCY
83
84 Department of Law
3
- 24 -
item IV-Jla.(8)
ORDINANCES ITEM # 40756
RESOURCE MANAGEMENT PLAN
FY 1996-1997 OPERATING BUDGET APPROPRIATIONS
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND Sections 2-84, 2-85, 2-101, 2-104, 2-105, 2-
106, 2-107, 2-108, 2-109, 2-109.1, 2-110, 2-116 and 2-117 of the
Code of the City of Virginia Beach re part-time employees, promotions
and career progr@ons.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, William W Ilarrisott, Jr., Ilarold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. @trayhorti
Council Members Voting Nay:
Robert K Dean
Council Members Absent.-
Nancy K Parker
May 14, 1996
1
2 AN ORDINANCE TO AMEND THE CITY CODE
3 BY REVISING PROVISIONS RELATING TO
4 PART-TIME EMPLOYEES, PROMOTIONS AND
5 CAREER PROGRESSIONS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Sections 2-84, 2-85, 2-101, 2-104, 2-105, 2-106, 2-107,
9 2-108, 2-109, 2-109.1, 2-110, 2-116, and 2-117 of the Code of the
10 City of Virginia Beach, Virginia, are hereby amended and reordained
11 to read as follows:
12 Sec. 2-84. Annual and personal leave--Schedule of earning.
13 With the exception of E)Eeept employees of the school board,
14 all full-time employees, and a-11 part-time employees hired lprior to
15 July 1, 1996, (emending teinperary empleyees) ef- the eity shall
16 earn annual leave and, with supervisory approval, may utilize
17 annual leave upon accrual as follows:
18 (1) All full-time employees or appointees, excluding
19 firefighters, working thirty-seven and one-half (37 1/2)
20 or more hours per work week shall be credited with:
21 (a) Eight (8) hours per month for each month of
22 employment for employees having accrued the
23 equivalent of less than five (5) years of full-time
24 employment.
25 (b) Ten (10) hours per month for each month of
26 employment for employees having accrued the
27 equivalent of five (5) or more years, but less than
28 ten (10) years, of full-time employment.
29 (c) Twelve (12) hours per month for each month of
30 employment for employees having accrued the
31 equivalent of ten (10) or more years, but less than
32 fifteen (15) years, of full-time employment.
33 (d) Fourteen (14) hours per month for each month of
34 employment for employees having accrued the
35 equivalent of fifteen (15) or more years, but less
36 than twenty (20) years, of full-time employment.
37 (e) Sixteen (16) hours per month for each month of
38 employment for employees having accrued the
39 equivalent of twenty (20) or more years of full-
40 time employment.
41 (2) The hours of annual leave earned per month for each hour
42 worked by firefighters, excluding overtime hours, shall
43 be computed by multiplying the number of hours worked per
44 month, excluding overtime hours, by the following:
45 (a) .046 for employees having accrued the equivalent of
46 less than five (5) years of full-time employment.
47 (b) .058 for employees having accrued the equivalent of
48 five (5) or more years, but less than ten (10)
49 years, of full-time employment.
50 (c) .069 for employees having accrued the equivalent of
51 ten (10) or more years, but less than fifteen (15)
52 years, of full-time employment.
53 (d) .081 for employees having accrued the equivalent of
54 fifteen (15) or more years, but less than twenty
55 (20) years, of full-time employment.
56 (e) .092 for employees having accrued the equivalent of
57 twenty (20) years or more of full-time employment.
58 (3) Part-time employees employed Prior to July 1, 1996,
59 andier einpleyees iier!Eing a var-led number ef heurs pe-r
60 viee]E shall continue to be credited with annual leave on
61 a basis proportionate to that awarded full-time employees
62 as set forth in subsection (1) above. Part-time
63 employees employed on or after July 1, 1996, will accrue
64 a maximum of eight (8) hours of Personal leave Per month
65 prorated based on the number of hours worked; Provided,
66 however, that the Provisions of subsection (1) above
67 shall not be applicable to Part-time employees. Part-
68 time employees who have worked the equivalent of six (6)
69 calendar months may utilize accrued Personal leave, with
70 supervisory approval.
2
71 (4) Records shall be kept within each department of the
72 annual leave accumulated and taken by each employee
73 within such department; and at the end of each calendar
74 month, a leave report shall be submitted to the
75 department of human resources.
76 (5) Under no circumstances shall annual leave be granted in
77 advance of its accrual or paid in lump sum except upon
78 termination of employment.
79 (6) When an employee is in a nonpay status for portions of a
80 calendar month, then annual leave accrual for such month
81 shall be reduced accordingly by the director of human
82 resources to reflect the employee's nonpay status.
83 Sec. 2-85. Same--Taking not required; limitations on
84 accumulation.
85 (a) No employee shall be required to take annual leave. No
86 employee shall be paid for unused annual leave except upon
87 termination of employment. Upon termination, employees shall be
88 paid straight time for accrued annual leave; and payment shall be
89 processed as expeditiously as possible. No employee shall be
90 allowed to carry more than four hundred (400) hours of accumulated
91 annual leave from one calendar year to the next, nor shall any
92 employee who terminates employment with the city receive pay for
93 more than four hundred (400) hours of accumulated annual leave.
94 (b) Part-time emidlovees hired on or after Julv 1. 1996. shall
95 not be allowed e than forty-eight (48) hours of
96 accumulated personal leave from one ca o the next, nor
97 shall part-time emdlovees receive v Davout unon
98 termination of employment for their accumu 1 leave.
99 . . .
100 See. 2-101. Definitions.
101 For the purposes of this division, unless otherwise indicated,
102 the following terms shall have the meanings respectively ascribed
103 to them in this section:
104 Class: A grouping of jobs having similar duties and
105 responsibilities, requiring similar knowledge, skills and
3
106 abilities, and demanding similar qualifications so that the jobs
107 may be appropriately titled and described, and the employees
108 performing such jobs may be equally compensated.
109 Full-time employee: A city employee who is scheduled to
110 actually work thirty-seven and one-half (37 1/2) hours or more per
ill consecutive work week.
112 Part-time employee: A city employee who is scheduled to
113 actually work less than thirty-seven and one-half (37 1/2) hours
114 per consecutive work week, or a city employee who is scheduled to
115 actually work thirty-seven and one-half (37 1/2) ours per
116 consecutive work week for less than fifty-two (52) consecutive
117 weeks.
118 Permanent employee: A full-time city employee who has
119 completed the required probation period as provided in section 2-
120 108.
121 Probation employee: A full-time city employee who is has not
122 completed the required probation period as provided in section 2-
12 3 108.
124 Range: The minimum through maximum salary levels assigned to
125 a class.
126 Temper-azT empleyeei A eity employee vihe is efapl:eyed in a
127 positien in %ihieh the length ef efftpleyraent is less than tiielve (3-2)
128 eanseeutive menths.
129 Sec. 2-104. Original employment.
130 (a) original employment shall be defined as an employee's
131 initial period of continuous employment with the city. The
132 effective date of original employment shall usually be the date on
133 which the employee actually begins work and shall constitute the
134 first day of the probation period. In cases when a city-recognized
13 5 holiday, weekend, or city manager-designated inclement weather
136 period prohibits the employee from reporting to work on the first
137 day of a pay period, the effective date of original employment
138 shall be appropriately established by the director of human
139 resources.
4
14 0 (b) An individual beginning employment for the first time
141 shall asaally be placed at the minimum salary of the pay range
142 established for the class in which employed, or at the lowest
143 salary received by any incumbents in such class, whichever is
144 lower; . Geeasien@ Provided, however, that based on a new
145 employee's prior experience, proficiency, or related criteria, a
14 6 one-time signing bonus may be granted and/or placement may be
147 accelerated up to twenty (20) percent above the minimum salary of
148 the assigned idav range upon written recommendation by the employing
149 authority and approval of the director or human resources. Further
150 acceleration within the assigned pav range may be authorized upon
151 written recommendation by the employing authority, and approval by
152 the director of human resources and the city manager.
153 Sec. 2-105. Reemployment.
154 Reemployment shall be defined as the employment of a former
155 permanent or probation city employee following a separation from
156 city employment of more than twelve (12) consecutive months, or the
157 employment of a former part-time city employee, hired on or after
158 July 1, 1996, following a separation from city employment of anv
159 length of time. er the emp4:eyfaent- ef a f-er-nei- prebatien er-
160 tempeL-aL-y efapleyee f-el4:eiiing a separ-atien f-r-e@ eity empleyment ef-
161 less than ti;elve (3:2) fRg-nt--hs. All other conditions of
162 section 2-104 shall apply.
163 All time served in previous employment with the city shall not
164 be counted towards the probation period, annual leave, service
165 awards, or other longevity-based employment conditions or benefits
166 with the exception of the Virginia Retirement System benefit that
167 is determined in accordance with state law. Eligible veterans
168 returning to the city should refer to the Veterans' Reemployment
169 Rights Policy.
170 Sec. 2-106. Reinstatement.
171 (a) Reinstatement shall be defined as the employment of a
172 former full-time permanent or Probation employee within twelve (12)
173 consecutive months from the date of the employee's separation from
174 the city service. To be eligible for reinstatement the employee
5
175 must have been in good standing at the time of separation from the
176 city service. Part-time employees separated from city employment
177 for any length of time will follow the reemployment Procedure set
178 forth in section 2-105. Furthermore, the appointing department
179 head must be in agreement and a vacancy must exist. The director
180 of human resources shall determine the appropriate anniversary date
181 of the reinstated employee. The department head shall determine
182 the position of the reinstated employee and the director of human
183 resources shall determine the appropriate salary within the range
184 of the position for the reinstated employee. Should the employee
185 return in a lower position, the employee's salary may not exceed
186 the maximum salary of the new position. All time that a former
187 employee is employed with the city prior to separation shall be
188 credited toward the probation period, annual leave, service awards,
189 or other longevity-based employment conditions or benefits subject
190 to necessary adjustments to account for the number of months of
191 separation. Sick leave accrued prior to separation shall be
192 restored to employees who are reinstated to the extent that it is
193 not transferred and used during interim employment with another
194 participating employer.
195 (b) An employee who has been retired because of a job-related
196 disability, although separated more than twelve (12) consecutive
197 months, may be reinstated provided the following criteria are met:
198 (1) The injury or disability which resulted in retirement was
199 incurred in the line of duty;
2 00 (2) The employee is certified by the city physician or a
201 city-approved physician as being physically able to
2 02 perform the duties of the position into which the
203 employee is reinstated;
2 04 (3) The employee meets all other requirements for the
205 position into which he is reinstated; and
206 (4) An opening for employment is available without the
2 07 establishment of a new position or the reassignment of
208 personnel to accommodate the employee.
6
2 09 Sec. 2-107. Conversion from full time TOMPOP&L-Y status part-
2 10 t@ to full-time probation or permanent status for
211 employees hired prior to July 1, 1996.
212 Conversion shall be defined as the change, upon the request of
213 the employing authority, from Part-time status to
214 probation or permanent status. Upon such conversion, the director
215 of human resources shall credit towards probation, annual leave,
2 16 service awards and merit increases, all prior time worked in a
217 ipart-time status to those employees converted to
218 probation or permanent status. Conversion status will be awarded
219 only to those employees who have rendered acceptable service during
22 0 their time employment. The director of human
22 1 resources shall not approve any conversion unless there is an
222 established permanent vacant budgeted position.
2 2 3 Employees (excluding category employees) converted from full-
2 24 time temporary or seasonal status to full-time probational or
225 permanent status shall have all prior time worked in a full-time
2 2 6 temporary or full-time seasonal status credited towards a variable
2 27 merit pay increase on the effective date of conversion. Conversion
228 status shall be awarded only to those employees who have rendered
229 acceptable service during their temporary employment.
2 3 0 EfnpleyeeB eenvei-ted f-L-efn time-
2 3 1 seasenal states te part time prebatienal ei- part nt-
2 32
ards pre'-atiali
233 and annual leave en the effeeti%-e date ef eenvers-"---.-..
23 4 Employees converted from full-time status to part-time status
23 5 or from part-time status to full-time status shall have prior time
23 6 worked credited towards probation and annual leave on the effective
237 date of conversion.
238 Sec. 2-108. Probation period of employment.
2 39 The probation period for employees shall be defined as the
240 initial six (6) calendar months (er the henry equivale
241 f er- p of employment following an original
242 employment or reemployment. and ter-minatinej gn the
243 annive The probation period for sworn police and fire
2 44 personnel shall be twelve (12) calendar months of employment
7
245 following an original employment or reemployment. and ternina@
24 6 en the empleyee's annive . However, the probation period
247 for all probation employees shall be extended one (1) pay period
248 for every fifteen (15) consecutive calendar days a probation
249 employee is on injury leave, suspension, leave without pay, or sick
250 leave status. Any salary change which may occur upon completion of
251 the probation period shall not become effective until the first day
252 of the pay period following such completion.
253 Sec. 2-109. changes in pay generally.
254 (a) Administrative increase. An administrative increase
255 shall be defined as a two and one-half (2 1/2) or five (5) percent
256 increase within the pay range of a class that is awarded to an
257 employee displaying exceptionally outstanding meritorious service
258 that exceeds established performance standards. Employees may be
259 recommended for an administrative increase upon submission of a
260 letter of justification by the respective department head to the
261 director of human resources, subject to the approval of the city
2 62 manager. An administrative increase does not affect the employee's
263 anniversary merit date.
264 (b) Merit increase. A merit increase shall be defined as a
265 salary increase within the pay range of the class to which the
266 employee is assigned that is awarded based on job performance in
2 67 accordance with the city's performance appraisal program. A formal
268 performance appraisal shall be conducted for each employee on the
2 69 employee's respective anniversary merit date and each succeeding
270 anniversary merit date thereafter. Merit increases shall become
271 effective on the employee's anniversary merit date as provided in
2 72 section 2-116 and shall only be awarded to full-time permanent
273 employees.
274 (c) Administrative decrease. An administrative decrease
275 shall be defined as a two and one-half (2 1/2) or five (5) percent
276 salary reduction within the pay range of a class as disciplinary
2 77 action resulting from unsatisfactory job performance or misconduct.
278 An administrative decrease may be recommended at any time and
279 requires a letter of justification submitted by the appropriate
8
280 department head. This action is subject to approval by the
281 director of human resources and the city manager.
282 Merit dates are not affected by an administrative decrease. The
283 effective date of all administrative decreases will be the first
284 day of the pay period.
285 (d) Market adjustment. A market adjustment shall be defined
286 as a percentage increase to pay ranges on the city's compensation
287 plans that may be provided to employees whose job classification is
288 assigned to an affected pay range. A market adjustment shall be
289 recommended by the city manager and approved by the city council.
290 Market adjustments are not dependent on an employee's individual
291 performance within a job class.
292 (e) shift differential. A shift differential shall be
293 authorized whenever an employee compensated in a classification
294 which is not designated by the director of human resources to
295 require shift work is permanently assigned to work a shift which
296 commences on or between the hours of 3:00 p.m. to 3:00 a.m. Such
297 employee shall receive the equivalent of a five (5) percent
298 increase in his or her normal salary rate for all hours worked
299 during such time period only. Employees assigned to regularly
3 00 scheduled rotating shift as designated by the director of human
3 01 resources and the city manager, and employees designated by the
3 02 director of human resources as "exempt" under the Fair Labor
3 03 Standards Act, work shall be ineligible under the provisions of
304 this subsection.
305 Sec. 2-109.1. Merit leave.
3 06 (a) Merit leave shall be leave with pay that is awarded to
307 full-time permanent and probational employees on the general and
3 08 administrative compensation plans based on job performance as
309 evaluated by the city-wide performance evaluation program.
3 10 (b) Each eligible employee shall be formally evaluated and
311 rated on his or her respective anniversary merit date during fiscal
312 year 1992-1993 to determine the level of performance the employee
313 has achieved. Based on this rating, full-time employees who have
9
314 not reached the (P) step of the pay range shall be awarded merit
315 leave as follows:
316 (1) One (1) day for acceptable or fully satisfactory
317 performance;
318 (2) Two (2) days for very good or superior performance;
3 19 (3) Three (3) days for outstanding performance subject to
3 2 0 final approval by the city manager; provided, however
32 1 that full-time employees completing the probationary
3 22 period shall be eligible for no more than two (2) days of
323 merit leave.
324 (c) Full-time permanent employees at the (P) step of the pay
325 range shall be eligible on their merit date for one (1)
326 day of merit leave provided that their annual performance is
327 outstanding for their position, or two (2) days of merit leave if
328 the employee demonstrates performance of an outstanding nature,
329 which resulted in practical innovative ideas or methods involving
330 efficiency in time and process, a major documented cost savings to
331 the city, or resulted in extreme bravery or risk to the benefit of
332 the city.
333 (d) No merit leave shall be awarded for below acceptable or
334 minimally satisfactory performance.
335 (e) This section [Ordinance Number 2128] shall be in effect
336 from July 1, 1992 to June 30, 1993.
337 (f) Any leave awarded to an employee in accordance with the
338 provisions of this section shall be used prior to June 30, 1994.
3 3 9 (g) No employee shall be compensated monetarily for unused
340 merit leave.
341 Sec. 2-110. Promotion.
3 42 (a) A promotion shall be defined as an advancement by an
343 employee to a classification assigned a higher pay range with more
3 44 complex job duties and responsibilities. No employee may be
345 promoted unless there is a position vacancy and the employee is
34 6 selected pursuant to a competitive selection process that is either
347 restricted within the city or open to the general public.
10
348 (b) When an employee is promoted, his or her salary will be
349 increased as follows: For a promotion of one (1) pay range, the
350 employee will receive a salary increase fell: be of five (5) percent
351 or the minimum salary advertised whichever results in the higher
352 salary; for a promotion of two (2) or more pay ranges, the employee
3 53 will receive a salary increase ifill be of ten (10) percent, or the
3 54 minimum salary advertised, whichever results in the higher salary.
355 (c) The effective date of all promotions will be the first
3 56 day of a pay period. An employee who is promoted on his or her
357 anniversary merit date and is eligible for a merit increase shall
3 58 also receive the merit increase based on his or her performance
3 59 appraisal in addition to the pay increase received for the
360 promotion.
361 Sec. 2-116. Anniversary Merit date.
3 62 The anniversary merit date shall be defined as the date on
3 63 which an employee becomes eligible for a merit increase. The
3 64 merit date for all probation employees will be adjusted
3 65 one (1) pay period for every fifteen (15) consecutive calendar days
3 66 of sick leave, injury leave, suspension, or leave without pay
3 67 status. An empleyee's first anniversary date - y be-
368 the effective date ef permanent status previded the efnpleyee has
3 69 eentintied te Y&E n a f-,a3:1 as
370 er-iejinally empleyed. Gthei-ifise, t-The employee's first
371 merit date shall be six (6) months from the date
372 assigned to his or her present job class
373 face jelg elasses e shall be-
374 tioelve (!2) e -a e elass.
375 Thereafter, the merit date shall be one (1) year from
376 the date of the last promotion, career progression, change of job
377 duties, disciplinary demotion, or award or denial of a merit
378 increase. However, where a voluntary demotion is involved, the
379 employee's present merit date will remain unchanged.
380 Sec. 2-117. Career progression.
381 (a) A career progression shall be defined as an advancement
3 82 by an employee to a higher pay within a defined classification
3 8 3 series. A career progression does not require a position vacancy.
384 (b) When a career progression action occurs to an employee,
385 the employee's salary will be increased in the same mannei- as set-
3 86 f ei-th in seetiefi 2 9:1:G (b) . as follows: For a career Prociression of
387 one (1) Pay range, the employee will receive a salary increase of
3 88 five (5) Percent or the lowest salary received by any incumbent who
3 89 holds the same nosition title and who is ipaid at or below the
390 minimum salary of the Pay range, whichever results in the higher
3 9 1 salary; for a career Progression of two (2) or more Pay ranges, the
392 employee will receive a salary increase of ten (10) Percent or the
393 lowest salary received by any incumbent who holds the same Position
3 94 title and who is paid at or below the minimum salary of the pay
395 range, whichever results in the higher salary.
396 (c) The effective date of all career progressions will be the
3 97 first day of the pay period. An employee who receives a career
398 progression on his or her annivevsary merit date and is eligible
399 for a merit increase may also receive the merit increase based on
400 the employee's performance appraisal in addition to the pay
401 increase received for the career progression.
402 Adopted by the City Council of the City of Virginia Beach on
4 03 this 14 day of May 1996.
404 CA-6262
405 DATA/ORDIN/PROPOSED/2-84ETC.ORD
406 MAY 8, 1996
407 R9
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICEENCY
D@p. ment of Law
1 2
OFFICE OF THE CrrY MANAGER / CrrY HALL
MUNICIPAL CENTER / VIRGINIA BEACH, VA 23456-9019
PHONE: (757) 427-47.4'-
August 28, 1996
The Honorable Mayor
Members of Council
Dear Council Members,
In the process of entering into the financial management system the budget data in the FY 1996-97 Operating
Budget which you approved in May, we found that, due to a clerical error, the appropriations and revenues
displayed in the Schools Categorical Grants Fund were not consistent with the funding and revenues
developed by School staff and approved by the School Board. The resources for this fund, as shown in the
City's Operating Budget, were overstated by $1,540,323.
To resolve this discrepancy, we discussed the issue with school staff and were assured that the lower amount
shown in the School Board budget was the correct amount for FY 1996-97, and correction of the City FY
1996-97 Operating Budget to reflect the lower amount would not result in any substantive changes to planned
programs for the Schools. A letter to that affect from Dr. Donald Peccia is attached.
We also sought an opinion from Mr. Leslie Lilley, City Attorney. as to whether this error could be corrected
administratively, with appropriate notification to you, the Council. Mr. Lilley has found that an administrative
correction may be undertaken to bring the Operating Budget in line with the appropriation level requested by
the School Board. A copy of his opinion on this matter is attached
Accordingly, the FY 1996-97 Approved Operating Budget which you will receive in the very near future, will
reflect this corrected amount to ensure that information provided the public and departments will be consistent
with School documents and financial management system data.
If there are any further questions on this matter, please do not hesitate to call.
Attachments: 2
With Pride in Our City,
James K. Spore
'City Manager
VIRGINIA BEACH CITY PUBLIC SCHOOLS
MEMORANDUM
TO: Mr. E. Dean Block, Director
Office of Management Services
City of Virginia Beach
FROM: Dr. Donald A. Peccia, Associate Superintendent
Department of Budget, Finance & Technology
SUBJECT: FY96/97 SCHOOL GRANTS BUDGET
DATE: August 13, 1996
This will confirm our earlier discussions on this subject. As discussed. a clerical error was made
by City staff in transferring data from the Board-approved orants budget to the City budget,
resulting in an overstatement of the grants budget. We concur that this should be corrected as
a matter of course so that the final City budget will equal the grants budget approved by the
School Board. This correction will in no way negatively effect anv school program, grant, or
pro ect. We understand that, after the correction is made. the Citv budget will properly reflect
revenue and expenditui-c appropriations of $16,327,783 f'oi the School Grants Fund: the same
figure as is shown on page 149 of the approved FY96-97 School Board budget.
Thank you for sharing this information and consulting with us in this regard.
DAP/smc
LESLIE L. LILLEY k4LJNICIPAL CENTER
CITY A@ORNEY VIRGINIA BEACH VIRGINIA @9004
(W4) 4274531
FAX (804) 426-5687
OP-379 TDD (8N@ 4274W5
August 26, 1996
James K. Spore
City Manager
Municipal Center
Virginia Beach, Virginia 23451-9001
Re: Correction of Clerical Error in 1996-97 Budget Appropriation Ordinance
Dear Mr. Spore:
Recently it has become apparent that the 1996-97 Budget Appropriation Ordinance
contains an error in an appropriation to the School Grants Fund. Based on the facts
contained below and the law relevant to this situation, it is my opinion that the error is of
a clerical nature and, as such, correcting it administratively, after notifying City Council and
the School Board, is appropriate.
Factual Background
Dean Block, Director of the Department of Management Services, has brought to our
attention the fact that the City's 1996-97 Budget Appropriation Ordinance, as enacted by City
Council on May 14, 1996, contained a clerical error. The facts as presented by Mr. Block
indicate that during the preparation of the City's Operating Budget, the amount of the federal
and state categorical grants to be appropriated to the School Board was overstated.
As shown in the attached exhibit 'A,' federal and state categorical grants were
detailed in several coluffms on one page of the School Board's proposed Operating Budget.
The amount of these grants totaled $16,327,783. This amount included $1,540,323 in local
money necessary to provide the local matching share of these grants. On the same page in
the School Board's proposed Operating Budget, and just below the listing of state and federal
James K. Spore, City Manager -2- August 26, 1996
Re: Correction of Clerical Error in 1996-97 Budget Appropriation Ordinance
grants, is a statement of how the amounts of local money were applied to particular federal
and state grants; the total of these local monies is $1,540,323.
In the process of preparing the City's Operating Budget, and particularly in
dete g the amount of state, local and federal categorical grant money that would be
appropriated to the School Grants Fund, the fact that local money was already contained in
the $16,327,783 figure was apparently overlooked, and the $1,540,323 of local revenue was
inadvertently added in a second time in determining the overall appropriation of school
categorical grant money. The result of this error was that in the City's Operating Budget
the appropriation for the School Grants Fund was reflected as $17,868,106 (see attached
exhibit "B, " consisting of page two from the City's Operating Budget as enacted on May 14,
1996). The revenue to support @ appropriation was also represented as being $17,868,106
(see attached exhibit "C,' consisting of page 7 from the City's Operating Budget as enacted
on May 14, 1996).
Despite the fact that the City appropriated $17,868,106 to the School Grants Fund,
the School Board had asked for and relied on the original figure of $16,327,783 contained
in its proposed budget of May 21, 1996.'
Correction of Clerical Errors in Ordinances
While no specific authority authorizes the correction of a typographical or clerical
error in an ordinance, case law of Virginia and other states supports such a conclusion. In
particular, the case of County of Fai@ v. Southem Iron Works, 242 Va. 435, 410 S.E.2d
674 (1991), stands for the premise that non-substantive corrections such as typographical and
clerical errors can be made without invalidating the legislative action.
In this situation, correcting the City's budget to reflect the correct amount of @ local
share of the grant fund as intended by both the Board and the Council is not a substantive
change. Such a conclusion is supported by the following: (1) the miscalculation is readily
apparent; (2) the corrective action has no effect on the School Board, which never accepted
or relied on the over-appropriation; and (3) the City Council had no intent to appropriate any
sum larger than the one requested by the School Board, or necessary to provide the local
share required in the Grants Fund. An additional fact provided by Mr. Block is that the City
"Me over-appropriation could not be contained in any other part of the School Board's budget,
since the School Grants Fund is a special revenue fund, created to ensure that funds with legal restrictions
upon them are used only in accordance with the terms of the grants.
James K. Spore, City Manager -3- August 26, 1996
Re: Correction of Clerical Error in 1996-97 Budget Appropriation Ordinance
Council has always appropriated the Grants Fund as requested by the Board without
adjustment.
School Board Appropriation
Virginia law does provides that, after the governing body appropriates finids to a
school board, the board has the exclusive authority to determine and control the expendium
of the funds.2 While this is true, there was no intent on the part of the Council to
appropriate amounts in excess of those requested by the Board as the local share of the
Grants Fund and there was no intent of the Board to request a local "matching" @ in
excess of that requested. A correction of the appropriated amount to reflect the intent of
both the Board and the Council is both necessary and appropriate in the exercise of prudent
fiscal management and fiduciary responsibilities and, in my opinion, does not contravene
statutory provisions related to the control of 'school funds.'
Conclusion
The error described above in the 1996-97 Budget Appropriation Ordinance may be
administratively coffected, given the nature of the error involved and the School Board's
acquiescence.
I request that this opinion letter be made available to the City's auditors and that it
also be placed with the minutes of the May 14, 1996, meeting of City Council when the
ordinance was adopted.
Very truly you
Leslie L. LiRe
City Attorney
LLL/LSS
Enclosures
2See § 22.1-89 which provides, in pertinent part, that *[elach school board shall manage and
control the funds made available to the school board for public schools....' See also School Board v.
Shockley, 160 Va. 405, 410 (1933) wherein the Supreme Court of Virginia held that 'the school board
has exclusive authority to expend the funds set apart by law for school purposes."
EXHIBIT A
149
F.ED AND STATE CATEGORICAL GRANTS
activities supplement the regular program and are funded by federal
(S) categorical grants. These grants cannot be used to supplant local fimding for
and may require a local match. The fund sources, titles, and accounts of grants
for 1996-97 are shown below. Subsequent pages contain the budgets for these p=ts.
Revenue
Description Amount MM Prrnd 9116
Title I C/O (1995-96) $535,698 F @22-18
Title 1 (1996-97) 2,942,809 F @22-24
50020 Preschool Incentive C/O (1995-96) 64,038 F 3-4-22-09
50026 Preschool Incentive (1996-97) 565,254 F 3-4-22-22
50027 Drug Free Schools & Commun. (1996-97) 287,716 F 3-4-22-41
50028 Drag Free Schools & Commun. C/O (1995-96) 74,250 F 3@22-37
50029 Drop Out Prevention 562,152 s 2@22-41
50030 High Schools That Work - Bayside 22,500 F @22-86
50034 High Schools That Work - Salem 22,500 F @22-94
50037 ffigh Schools That Work - Green Run 22,500 F 3@22-96
50044 Technology Initiative C/O (1995-96) 1,397,479 s 2-4-22-80
50046 Technology Initiative (1996-97) 2,859,977 S 2@22-84
50052 Title VI (1996-97) 301,240 F 3-4-22-17
50059 Title VI C/O (1995-96) 118,358 F @22-07
50053 Special Education Interpreter Training 15,160 F 3@22-70
50055 Title VI-B 94-142 C/O (1995-96) 216,439 F 3-4-22-16
50056 Title VI-B 94-142 (1996-97) 3,764,992 F @22-26
50060 Carl Perkins Voc. & Applied Tech. (1996-97) 715,547 F 3-4-22-81
50061 Carl Perkins Voc. & Applied Tech. C/O (95-96) 68,973 F 3-4-22-60
50073 Adult Basic Education/CAMS 9,760 F @22-65
50081 'Etle H EESA 12894 CIO (1994-95) 12,169 F @22-29
50083 Title II EESA 12895 (1995-96) 192,372 F 3-4-22-23
50086 Job Training Remedial Project 60,100 F 3-4-22-48
50097 Four-Year Old Initiative 1,495,800 S 2@22-81
Total State and Federal Grants* $16,327,783
'Includes Local Match for the following grants:
50030 High Schools That Work - Bayside $7,500 @22-06
50034 ffigh Schools That Work - Salem 7,500 5,3-22-06
50037 High Schools That Work - Green Run 7,500 5-3-22-06
50044 Technology Initiative C/O (1995-96) 277,479 5-&22-06
50046 Tectmology @tiative (1996-97) 729,977 5-X22-06
50097 Four-Year Old Initiative 510 367 5-3-22-06
Total from School Operating Fund $12540 323
EXHIBIT B
GENERAL E=
a328.272
310.991
743.890
im Office 599,890
1,970.270
fth*Ft@ 3,409,673
18,722
Astao$W 1,693,477
3.720.113
3.209.650
2.396.939
000.179
03.598
n, [),,Nestle FilimMons District Court 92.386
-Ublic @*to@s, 324,000
Aldicsi Exal.,,Gf 11.000
Aft@ 2.964,070
:IOIK @t I'W " 1.@ Count 480.809
15,782
t rim @7,087
1.781.907
le.909.110
"A22.0"
45.493.632
8.589.019
Community Owelopmnt 0.234,990
,@mcultu'. sailiii
Ecommlc De@olopment 1,308,000
Genorml Somicas 21.203,079
Gamrsf Registrar 001.474
zoning Board of APPOWN 24,017
Ans and Hms@ Commission 321,096
Mass Transit Dow time IA37,500
Wedands Board of @a Beach 12,982
%nrgINe Beach V@ 32.482
Vld" Services 701,500
@murhtry Org@ l@e Grants 220,043
Employee special @ft 630.207
Benefits AdminiMWm 180.250
S@ome Rolm@s 1,528.971
Regional Penicipaden 834,892
Independent Financial S"css 70,000
Ans Cents, Grant 79,921
Flra 22.100,052
Emergency Medical SWICSS 1.831.723
Mmo=s 349,021
Mamgemont Ser-Aeu 1.503,108
C@entlon and %Asltor Owe@ 3,921,347
Housing and Neighborhood Pmmadon 1,870.717
Assam for Contingencies Somalia
Transfer to Other FwWs 287,911,081
TOTAL GENERAL FUND tMM.212,027
SCHOOL OPERATING FUND
lm@im 1319.221.708
AdrrdNstrotim. Attwid@s. NW Health I I.M.71 0
PUPR Tromportstim 15,860,079
OP"Otlms and Maintenance 40,754,122
TOTAL SCHOOL OPERATING FUND 2 679
SCHOOL GRANTS FUND
Education - Grants
TOTAL SCHOOL GRANTS FUND 17.M.106
SCHOOL TR-XTROOK FUND
Education - Textbook 14,376,340
TOTAL SCHOOL TEXTBOOK FUND 44 376 340
In @ance with $.Son 5.04 of the City Charter, Estimated Rwe V. In suppor of EXHIBIT C
00 @ In sold A@ Budget m an follows:
GENR=RAL FUND
$ 294.S3@.717
12B.732,504
P*mlts. Ptivile" @. and R"Watory Ucames 31105.915
Fine@ and F&I@ 3;846.503
From the Use of Money and Property 6.525,ON
Charges for S*M@ 5,777.973
Miscellaneous R@ 038,635
venue from the @mmw*oith
N@Categorical AW 1,527,002
Shared Expenon (Categorical) 2,586,547
Categorical Aid 33,078.457
onus from the @ (agent
Pavmants in Usu of Tues 272,897
No@Categorical Aid 387.250
Categorical Aid 8,741,816
nefore from Other Funds 5.663,415
cific F@ Fto,@s 1.300.000
TA, CIENERAL FUND $ 504 212 S27
SCHOOL OPERATING FUND
venue from Local @s
rom the Use of M@ and Propwty 0 285,000
an for S@ 1105s,loo
locallam@ @ 854,908
ame from the Commonwealth
ategaricei Aid 209,683,558
onus from the F de G@,,t
ategorical Aid 7,736,640
nefore from Other Funds 187.606.413
TAL SCHOOL OPMTING FUND 387.302.879
SCHOOL GRANTS FUND
from Local
lanlin@ 1,540,323
s@ from @ Commonwealth
oorical AW S,31 B.405
from On ft" of O@
stagorlool Aid 10.012.375
TAL SCHOOL GRANTS FUND 17.008.10S
SCHOOL TEXTBOOK FUND
*nu* from Local @
arges for Servim 4 7,000
lscalle@ @ 219,000
from VW Cornmm"otth
stagorfcoi Aid 2.650,340
from Other FLmdo 1,000,000
L SCHOOL @OK IRUND $ 4,378,340
GRANTS CONSOLIDATED FUND
*me f@ the
Aid * 389,673
frwn @ Federal oov@rmnwvt
at*Woaf Aid 032,?Sl
fare from Other Funds 136,006
L GRANTS CONSOLIDATED FUND $ 1.139.220
SCHOOL ATHLFNC SPECIAL REWNUE FUNN
front LOCW @
I ww Piopoty * 12.000
288,000
755,698
AL SCHOOL ATHLETIC-SPECIAL RLRVENUE FUND $ 1,054@499
- 25 -
Item IV-Jla.(9)
ORDINANCES ITEM # 40757
RESOURCE MANAGEMENT PLAN
FY 1996-1997 OPER,4TING BUDGET APPROPRL4TIONS
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Rrayhorn, City Council ADOPTED, AS
AMENDED:
Ordinance to APPROPRIATE for the Fiscal Year beginning July 1,
1996, and ending June 30, 1997, in the sum of Eight I&t& ed A%.@
seven , fthi Hu,t&ed @hey-fite Notnaptit Seve,. d
Ihiyty eight Doflo,s (095LSff, @ Nine Hundred Seven Million, Seven
Hundred Sixty-nine Thousand Nine Hundred Ninety-seven Dollars
(S907,769.997) for operations and @ ee fhjt& ed Few tee;t @it; @
HaimbedFmty six @tna,.k*2*tefy one @,s Three
Hundred Eighteen Million, Eight Hundred Eighty-Nine Thousand, Six
Hundred Thirty-one Dollars ($318,889,631) in Interfund Transfers,
subject to any amendments adopted by City Council and regulating the
payment of money out of the City Treasury.
The City Manager's letter of May 13, 1996 and Attachment A
encompassing amendments to the FY 1996-1997 Operating Budget shall
be made a part of the proceedings.
Voting: 9-1
Council Members Voting Aye:
John A. Ba@ Linwood 0. Brancl4 III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E
OberndDrf, Vice Mayor William D. Sessoms, Jr and Louzsa M Sfrayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent.
Nancy K Parker
May 14, 1996
o@ I LA 01 I @,E C 11 MANAGER MUNICIPAL CENTER
18N) 427,2@2 VIRGINIA REACH VIRGINIA 23456 QWI
FAX (@) 42 11 A@
May 13, 1996
The Honorable Mayor
Members of Council
Dear Council Members:
Attached for your consideration is a summary of actions regarding the FY 1996-97 Operating Budget and
the Capital improvement Program resulting from your May 9 Reconciliation Workshop. As a result of the
changes, the proposed budget will Increase by $9,884,259 for a total approved operating budget of
$907,769,997. The proposed FY 1996-97 capital budget will increase by $1,502,556 for a total approved
capital budget of $99,637,627 and a total six-year Capital Improvement Program of $1,009,248,440,
inclusive of appropriations to date.
In addition to those items contained in the letter of May 9 from the Mayor and Vice Mayor and approved
on May 9 at the direction of Council, staff met with Mrs. Strayhorn and Mr. Sessoms. As a result, a third
Social Worker for Child Protective Services was added ($39,000) and $96,000 was added to Mass Transit
to assist in funding routes 37 and 39. Additional funding will be sought from Navy and private sector
sources.
Also attached is a substitute ordinance requested by Councilman Linwood Branch to extend the .5 percent
tax on transients obtaining lodging through the end of FY 1996-97. The current provision in the city code
will end that portion of the tax on May 1, 1997. (The original proposal as reflected in the proposed budget
eliminates the sunset provision resulting in the continuation of the tax indefinitely. Mr. Branch's substitute
extends the tax only through the remainder of FY 1996-97 to allow for interested groups to consider a
longer extension.)
The ordinances included in your agenda are those needed to implement the operating budget and CIP as
originally recommended by the City Manager in April. To effect the changes as agreed upon in the
reconciliation workshop, it is necessary to move the adoption of the budget or CIP appropriation ordinances
with reference to and inclusion of the attached amendments.
Your staff greatly appreciates the many hours you have devoted to analyzing the budget and CIP and in
holding workshops and public hearings on the budget and CIP. Should you have any questions or need
additional information, please let me know.
With Pride In Our City,
K. Spore
anager
Attachments NOTE: We received a Ca akdown of the FY 1996-97 School
Operating Fund Budget on May 14th and have included this
cc: E.D. Block breakdown on Attachment A as an amendment to the budget
ordinance. The School Board -,nay make modifications to
4ndividual categories at their mept'iig of May 21 and wall
forward the@Ir reCO3MP.1.datio,-is to you a@@ a later daze fo-
action.
City of Virginia Beach, Virginia
FY 1996-1997 Operating Budget
Summary of City Council Reconciliation Workshop Amendments
Amount
Estimated Revenue
Proposed FY 1996-1997 Operating Budget $ 897,885,738
Aa. Personal Property Tax 3,087,510
Ab. Water and Sewer Fund Balance 5,496,749
Ac, FY 1995-96 Year Ending Balance 1,300,000
Adopted FY 1996-1997 Operating Budget $ 907,769 997
Appropriations
Proposed FY 1996-1 997 Operating Budget $ 897,885,738
Circuit Court
Al This would provide funding for an additional Law Clerk for the Circuit Court judges. 38,437
Sheriffs Office
A2 Supplement for Deputies based upon the City providing 1 0% over the entry salary for a 243,540
Sheriffs Deputy on the State Pay Scale. Currently Deputies are paid at Grade 7,
Step 1 of the current State Pay Scale or $20,020. Under this formula, the City's
supplement would be $2,020 per deputy.
Social Services
A3 This funding provides for three additional Social Workers to address caseload increases 119,760
Police
A4 Funding is provided for an additional Animal Control Officer to assist in meeting 35,080
increasing calls for service and to address the growing concerns over Rabies outbreaks.
A5 The Police Chaplain's Program will receive additional funding to purchase replacement 9,200
uniforms.
A6 Funding provides for an additional 8 patrol officers to address backfilling of precincts when 464,556
staff is transferred to the oceanfront precinct during the tourist season.
Public Works
A7 Funding is provided for the expansion of the drop-off recycling centers to 50 city-wide 183,000
due to the deferment of the curbside recycling program.
Arts and Humanities
A8 This will provide the first phase of a three year phase-in of additional funding for the Arts 100,000
and Humanities program to reach a goal of $1 per capita. These funds are conditioned
upon the presentation by the Commission of a three year plan for the use of these
funds and for the coordination of Arts and Humanities Grants.
Mass Transit Operations
A9 This will provide for a special TRT route around the Rudee Inlet to be funded on a 11,500
matching basis with private sector contributions. This funding will not be made
available for expenditure until the private sector contributions are in place
A10 Partial funding is provided for the continuation of TRT routes 37 and 39 (from TCC to the 96,000
Municipal Center). The remainder of the costs for these routes will have to be made up
through contributions from the private sector and military or by reconfiguring the routes to
reduce costs and improve ridership.
Fire
All Three additional firefighters are provided to enhance fire protection and basic life support 113,253
coverage.
Museums
A12 This will provide funding assistance to the Atlantic Wildfowl Museum 25,000
Public Utilities
A13 Appropriation of the water credit for accounting purposes. 5,496,749
Convention and Visitor Development
A14 Transfer of a portion of last year's holiday lights income in order to provide for the initial 100,000
start-up costs and capital replacement for the upcoming season
Schools ( Adjustments based on School Board adopted Budget)
A15 Textbook Fund: to shore up the fund in the light of past transfers which severely 1,500,000
depleted the fund and made the replacement of textbooks difficult.
A16 To insure sufficient funding for employee compensation. 1,300,000
A17 Transfer of funds from the reserve to the School Operating budget to insure adequate funding 1,000,000
for basic school programs.
General Fund Reserve for Contingencies
A18 Reduction to fund above items (1,451,816)
TGIF Fund Reserve for Contingencies
A19 Reduction to fund advance to holiday lights program (100,000)
** Capital Projects
A20 This provides funding to the Capital Improvement Fund to support the additional projects 600,000
Adopted FY 1996-1997 Operating Budget $ 907,769,997
Note: School Operating Fund -- The appropriation ordinance is hereby amended to appropriate the
School Operating Fund by the following categories:
Instruction $ 319,221,768
Administration, Attendance, & Health 11,660,710
Pupil Transportation 15,666,079
Operation & Maintenance 40,754,122
Total School Operating Fund: $ 387,302,679
Funding for the Capital Projects is shown in greater detail in the Capital Improvement Attachment
Attachment A (May 14,1996)
rl7Y OF VIRR.INIA RFARH
OFFICE OF THE CrrY MANAGER / CrrY HALL
MUNICIPAL CENTER / VUTGINIA BEACH, VA 23456-9019
PHONE: (757) 427-4242
August 28, 1996
The Honorable Mayor
Members of Council
Dear Council Members,
In the process of entering into the financial management system the budget data in the FY 1996-97 Operating
Budget which you approved in May, we found that, due to a clerical error, the appropriations and revenues
displayed in the Schools Categorical Grants Fund were not consistent with the funding and revenues
developed by School staff and approved by the School Board. The resources for this fund, as shown in the
City's Operating Budget, were overstated by $1,540,323.
To resolve this discrepancy, we discussed the issue with school staff and were assured that the lower amount
shown in the School Board budget was the correct amount for FY 1996-97, and correction of the City FY
199E>-97 Operating Budget to reflect the lower amount would not result in any substantive changes to planned
programs for the Schools. A letter to that affect from Dr. Donald Peccia is attached.
We also sought an opinion from Mr. Leslie Lilley, City Attorney, as to whether this error could be corrected
administratively, with appropriate notification to you, the Council. Mr. Lilley has found that an administrative
correction may be undertaken to bring the Operating Budget in line with the appropriation level requested by
the School Board. A copy of his opinion on this matter is attached.
Accordingly, the FY 1996-97 Approved Operating Budget which you will receive in the very near future, will
reflect this corrected amount to ensure that information provided the public and departments will be consistent
with School documents and financial management system data
If there are any further questions on this matter, please do not hesitate to call.
Attachments: 2
With Pride in Our City,
James K. Spore
City Manager
VIRGINIA BEACH CITY PUBLIC SCHOOLS
MEMORANDUM
TO: Mr. E. Dean Block, Director
Office of Management Services
City of Virginia Beach
FROM: Dr. Donald A. Peccia, Associate Superintendent
Department of Budget, Finance & Technology
SUBJECT: FY96/97 SCHOOL GRANTS BUDGET
DATE: August 13, 1996
This will confirm our earlier discussions on this subject. As discuq.@d. a clerical error was made
by City staff in transferring data from the Board-approved orants budget to the City budget,
resulting in an overstatement of the grants budget. We concur that this should be corrected as
a matter of course so that the final City budget will equal the grants budget approved by the
School Board. This correction will in no way negatively effect any school program. grant, or
project. We understand that, after the correction is made, the Citv budget will properly reflect
revenue and expenditui-c appropriations of $16,327.783 lot- the School Grants Fund. the same
figure as is shown on page 149 of the approved FY96-97 School Board budget.
Thank you for sharing this information and consulting with us in this regard.
DAP/smc
LESLIE L. LILLEY MUNICIPAL CENTER
Cl@ A@ORNEY VIRGINIA BEACH VIRGINIA 2345&WN
(MM) 4274531
FAX (804) 426-SM7
OP-379 TDO (@) 4274M5
August 26, 1996
James K. Spore
City Manager
Municipal Center
Virginia Beach, Virginia 23451-9001
Re: Correction of Clerical Error in 1996-97 Budget Appropriation Ordinance
Dear Mr. Spore:
Recently it has become apparent that the 1996-97 Budget Appropriation Ordinance
contains an error in an appropriation to the School Grants Fund. Based on the facts
contained below and the law relevant to this situation, it is my opinion that the error is of
a clerical nature and, as such, correcting it administratively, after nofifying City Council and
the School Board, is appropriate.
Factual Background
Dean Block, Director of the Department of Management Services, has brought to our
attention the fact that the City's 1996-97 Budget Appropriation Ordinance, as enacted by City
Council on May 14, 1996, contained a clerical error. The facts as presented by Mr. Block
indicate that during the preparation of the City's Operating Budget, the amount of the federal
and state categorical grants to be appropriated to the School Board was overstated.
As shown in the attached exhibit 'A," federal and state categorical grants were
detailed in several columns on one page of the School Board's proposed Operating Budget.
The amount of these grants totaled $16,327,783. This amount included $1,540,323 in local
money necessary to provide the local matching share of these grants. On the same page in
the School Board's proposed Operating Budget, and just below the hsting of state and federal
Jwnes K. Spore, City Manager -2- August 26, 1996
Re: Correction of Clerical Error in 1996-97 Budget Appropriation Ordinance
grants, is a statement of how the amounts of local money were applied to particular federal
and state grants; the total of these local monies is $1,540,323.
In the process of preparing the City's Operating Budget, and particularly in
dete g the amount of state, local and federal categorical grant money that would be
appropriated to the School Grants Fund, the fact that local money was already contained in
the $16,327,783 figure was apparently overlooked, and the $1,540,323 of local revenue was
inadvertently added in a second time in determining the overall appropriation of school
categorical grant money. The result of this error was that in the City's Operating Budget
the appropriation for the School Grants Fund was reflected as $17,868,106 (see attached
exhibit "B, " consisting of page two from the City's Operating Budget as enacted on May 14,
1996). The revenue to support @ appropriation was also represented as being $17,868,106
(see attached exhibit 'C,' consisting of page 7 from the City's Operating Budget as enacted
on May 14, 1996).
Despite the fact that the City appropriated $17,868,106 to the School Grants Fund,
the School Board had asked for and relied on the original figure of $16,327,783 contained
in its proposed budget of May 21, 1996.1
Correction of Clerical Errors in Ordinances
While no specific authority authorizes the correction of a typographical or clerical
error in an ordinance, case law of Virginia and other states supports such a conclusion. In
particular, the case of County of Fair
.far v. Southem Iron Works, 242 Va. 435, 410 S.E.2d
674 (1991), stands for the premise that non-substantive corrections such as typographical and
clerical errors can be made without invalidating the legislative action.
In this situation, correcting the City's budget to reflect the correct amount of the local
share of the grant fund as intended by both the Board and the Council is not a substantive
change. Such a conclusion is supported by the following: (1) the miscalculation is readily
apparent; (2) the corrective action has no effect on the School Board, which never accepted
or relied on the over-appropriation; and (3) the City Council had no intent to appropriate any
sum larger than the one requested by the School Board, or necessary to provide die local
share required in the Grants Fund. An additional fact provided by Mr. Block is that the City
"Me over-appropriation could not be contained in any other part of the School Board's budget,
since the School Grants Fund is a special revenue fund, created to ensure that funds with legal restrictions
upon them are used only in accordance with the terms of the grants.
James K. Spore, City Manager -3- August 26, 1996
Re: Correction of Clerical Error in 1996-97 Budget Appropriation Ordinance
Council has always appropriated the Grants Fund as requested by the Board without
adjustment.
School Board Approgr*ation Lum
Virginia law does provides that, after the governing body appropriates @ to a
school board, the board has the exclusive authority to determine and control dw expendimm
of the fiindS.2 While this is true, there was no intent on the part of the Council to
appropriate amounts in excess of those requested by the Board as the local share of the
Grants Fund and there was no intent of the Board to request a local "matching" @ in
excess of that requested. A correction of the appropriated amount to reflect the intent of
both the Board and the Council is both necessary and appropriate in the exercise of prudent
fiscal management and fiduciary responsibilities and, in my opinion, does not contravene
statutory provisions related to the control of 'school funds.'
Conclusion
The error described above in the 1996-97 Budget Appropriation Ordinance may be
administratively corrected, given the nature of the error involved and the School Board's
acquiescence.
I request that this opinion letter be made available to the City's auditors and that it
also be placed with the minutes of the May 14, 1996, meeting of City Council when the
ordinance was adopted.
Very truly you
Leslie L. Lille
City Attorney
LLL/LSS
Enclosures
2See § 22.1-89 which provides, in pertinent part, that '[e]ach school board shall manage and
control the funds made available to the school board fbr public schools .... @ See also School Board v.
Shockley, 160 Va. 405, 410 (1933) wherein the Supreme Court of Virginia held that 'the school board
has exclusive authority to expend the funds set apart by law for school purposes."
EXHIBIT A
149
FEDERAL AND STATE CATEGORICAL GRANTS
activities supplement the regular program and are funded by federal
state (S) categorical grants. These grants i-Annot be used to supplant local funding fbr
and may require a local match. The fund sources, titles, and accounts of grants
for 1996-97 are shown below. Subsequent pages contain the budgets for these grants.
Revenue
Descrilption mm
Title I C/O (1995-96) $535,698 F @22-IS
50016 Title 1 (1996-97) 2,942,809 F 3-4-22-24
50020 Preschool Incentive C/O (1995-96) 64,038 F @22-09
50026 Preschool Incentive (1996-97) 565,254 F @22-22
50027 Drug @ Schools & Commun. (1996-97) 287,716 F 3-4-22-41
50028 Drug Free Schools & Commun. C/O (1995-96) 74,250 F 34-22-37
50029 Drop Out Prevention 562,152 s 2@22-41
50030 High Schools That Work - Bayside 22,500 F @22-86
50034 High Schools That Work - Salem 22,500 F 3-4-22-94
50037 I-Tigh Schools That Work - Green Run 22,500 F 3@22-96
50044 Technology Initiative C/O (1995-96) 1,397,479 S @22-80
50046 Technology Initiative (1996-97) 2,859,977 S 2@22-84
50052 Title VI (1996-97) 301,240 F @22-17
50059 Title VI C/O (1995-96) 118,358 F @22-07
50053 Special Education Interpreteraaining 15,160 F 3-4-22-70
50055 Title VI-B 94-142 C/O (1995-96) 216,439 F @22-16
60056 Title VI-B 94-142 (1996-97) 3,764,992 F @22-26
50060 Carl Perkins Voc. & Applied Tech. (1996-97) 715,547 F 3@22-81
50061 Carl Perkins Voc. & Applied Tech. C/O (95-96) 68,973 F 3-4-22-60
50073 Adult Basic Education/CUM 9,760 F @22-65
50081 Title II EESA 12894 C/O (1994-95) 12,169 F 3-4-22-29
50083 Title II EESA 12895 (1995-96) 192,372 F 3-4-22-23
50086 Job Training Remedial Project 60,100 F 3@22-48
50097 Four-Year Old Initiative 1,495,800 S 2@22-81
Total State and Federal Grants* $16,327,783
'Includes Local Match for the following grants:
50030 ffigh Schools That Work - Bayside $7,500 @22-06
50034 FEgh Schools That Work - Salem 7,500 5-3-22-06
50037 High Schools That Work - Green Run 7,500 5-3-22-06
50044 Technology Initiative C/O (1995-96) 277,479 54-22-06
50046 Technology Initiative (1996-97) 729,977 @22-06
50097 Four-Year Old Initiative 510,367 5-3-22-06
Total from School Operating Fund $1:540 323
EXFIIBIT B
GENERAL FUND
cil 326 '272
318 'Sol
743.890
'i@lt Offlco 599,390
1,978,276
,@,is Sion*, if @ R"o@ 31409.M
3,)&"l , FQ.alization 18.722
'@t, qoal Est.t@o Assessor
1,893,477
-IN -oasure, 3.720.113
2.266,550
2.395,939
660.179
)Om,*, Distrci C@ 63.598
;Bonn,, and Domestic Relations District coun 92 385
Public Oef*nde,
224
@Aedlost Examiner 11:000
@ommonweeftft's Afto@y 2,964.670
@'IOM of the Circuit C@ 480 sag
'Aagisttates 15:782
IN@lle Pl,,bltio, I A07 087
,Iealtr 1.781 907
imial sel@117.@ lo,909 is
"once "A3i:;4
ublic work. ",453.632
@lbra@ slose.918
Manning am '-,,mmmity Development 0.234.996
Agriculture 687.1
General $*Nicas 1,308.6,,
Economic Development go
Gainers[ Registrar
Zoning Board ol Appeals 001,474
Am and H=orgtloa Cmmlsslon 34,017
Mass Transit O@om 321,095
Wetlands Board of Virgfrja Beach 1,437,500
12.982
Virglris Beach VoluMm @ll 32."2
Video Services 701.500
C=mtiMty OrgerAiWan imentfve (3rents 220.043
Employee Special Benefits 630,207
Benefits Admirdstmdm 180.2SO
Rwome Reimbmomsms 1,528,971
Flogional PanialpiWm $34,062
Ind"ondem Finamlel $*micas 70.000
Ans Center Grant 79,921
Fire 22.100,052
Emergency Medical Services 1,831.723
Mmo=s 349,628
Management Services 1.503.108
C@entlon and %Asltw D@lopm@M 3,921,347
Housing and Neighbwhood Pmsematlom 1,870,717
Resome for Contingencies 6.965.116
Transfer to Other Funds 287,911,681
TOTAL GENERAL FUND 0 504 212 827
SCHOOL OPERATI G FUND
Instruction $ 319.221,708
AdrrMstratim, Attmrldoms, and Health 11.000.710
PUPH Tromportetfm 15.866.079
Operations and Maintenance 40,754,122
TOTAL SCHOOL OPERATING FUND * 287 302 679
SCHOOL GRANTS FUND
Education - Grant, 0 .37,868,100
TOTAL SCHOOL GRANTS FUND as 108
SCHOOL TEXTBOOK FUND
Education - Textbook 0 4,378@340
TOTAL SCHOOL TEXTBOOK FUND $ 4,37a,340
In accordance with Sln 5.04 of the City Charter, Estimated R"@On i@ $uppo, f EXHIBIT C
W faft In slid A@ Budget @ St follows:
GENERAL FUND
I s@fts
Tftos 294,838.717
135,732,504
PrMloge F@, and R@gWatory Ucenses 3.105.915
end FoHeiwme 3;645,503
From the Use of Mm" mrd Pm@ 0.525,996
Charges for SwA@ 5,777.973
Mlectilonsous Fis"nm 838,635
venue from the Commonwealth
N@Categarical Aid 1,527,002
Shored Expensto (Categorical) 2.5a6.547
Categorical Aid 33,678.457
venue from the Federal (3w*@ent
Payments In U@ of Tues 272,897
No@Categorleal Aid 387,250
Categorical Aid 8.741,916
msfers from Othr Funds S.aS3.4l5
cific Fund Res*mo, 1,300,000
TAL GENERAL FUND $ 604.212.027
SCHOOL OPERATING FUND
onus from Local S@s
the Use of Money and proprty $ 205,000
a for Services 11050.100
[scatter R@ 854,908
onus from @ Commonwealth
cei Aid 209.583,558
from the Federal G@gmm,,t
ategorical Aid 7,730,640
nafers front Other Fund, 187,908,413
TAL SCHOOL OPMTINC3 FUND 0 387,302.679
SCHOOL GRANTS FUND
ame from @i S@gg
I.coilan@ @ 4 1,540,323
from @ Commonwealth
ateforical Aid a.316,408
@ue from the pwwsi ow@ent
ategorical Aid 10.012.375
L SCHOOL OPTANTS FUND 17,868,108
SCHOOL TEXTBOOK FUND
onus from Local @,,
argot for Services $ 71000
lscsiiom@ Fi@ 219,000
we from the @ssith
Aid 2.060.340
fare f@ OtPw Fund 1,500,000
AL SCHOOL @OOK FUND 4 4,376,340
GRANTS CO SOLIDATED FUND
tN @mw*Wth
Aid 6 309,673
frwn the @ a@gnt
atooorical Aid 832.7al
from Othw Fund$ 13a,ses
L GRANTS CONBOUDATED FUND $ 1,139.220
SCHOOL ATHLETIC SPECIAL REVENUE FUND
f@ Local 8 ,
ow@ 4 12,000
Is" @ Ft@ 286,800
AL SCHOOL ATHLENC-SPECIAL ftEVENUE FUND 0 755,699
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE
2 FISCAL YEAR BEGINNING JULY 1, 1996 AND ENDING
3 JUNE 30, 1997, IN THE SUM OF NINE HUNDRED SEVEN
4 MILLION, SEVEN HUNDRED SIXTY-NINE THOUSAND,
5 NINE HUNDRED NINETY-SEVEN DOLLARS ($907,769,997)
6 FOR OPERATIONS AND THREE HUNDRED EIGHTEEN
7 MILLION, EIGHT HUNDRED EIGHTY-NINE THOUSAND, SIX
8 HUNDRED THIRTY-ONE DOLLARS ($318,889,631) IN
9 INTERFUND TRANSFERS AND REGULATING THE PAYMENT
10 OF MONEY OUT OF THE CITY TREASURY, AS AMENDED
1 1 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the city for the fiscal year
12 beginning July 1, 1996, andending June 30, 1997, and itis necessary to appropriate sufficient funds to cover said budget.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the amounts named aggregating ONE BILLION, TWO HUNDRED TWENTY-SIX MILLION, SIX
1 5 HUNDRED FIFTY-NINE THOUSAND, SIX HUNDRED TWENTY-EIGHT DOLLARS ($1,226,659,628) consisting of THREE
1 6 HUNDRED EIGHTEEN MILLION, EIGHT HUNDRED EIGHTY-NINE THOUSAND, SIX HUNDRED THIRTY-ONE DOLLARS
1 7 ($318,889,631) in interfund transfers and NINE HUNDRED SEVEN MILLION, SEVEN HUNDRED SIXTY-NINE THOUSAND,
1 8 NINE HUNDRED NINETY-SEVEN DOLLARS ($907,769,997) for operating or so much thereof as may be necessary as set
1 9 forth in the Annual Budget for the fiscal year 1 996-1 997, are hereby appropriated subject to the conditions hereafter set
20 forth, for the year 1996-1997, for the use of the several departments and specially designated funds of the city
21 governments, and for the purpose hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated
22 by reference, for the fiscal year beginning July 1, 1 996, and ending June 30, 1 997, as follows:
GENERAL FUND
Municipal Council $ 326,272
City Clerk 31 6,991
City Manager 743,890
Public Information Office 599,890
City Attorney 1,976,276
Commissioner of the Revenue 3,409,873
Board of Equalization 18,722
City Real Estate Assessor 1,693,477
City Treasurer 3,726,11 3
Director of Finance 3,266,550
Human Resources 2,395,939
Circuit Court 660,179
General District Court 63,598
Juvenile and Domestic Relations District Court 92,385
Public Defender 324,000
Medical Examiner 11,000
Commonwealth's Attorney 2,964,670
Clerk of the Circuit Court 480,869
Magistrates 1 5,782
Juvenile Probation 1,407,087
Health 1,781,907
Social Services 16,909,11 6
Police 44,432,049
Public Works 45,453,632
Library 8,568,91 8
Planning and Community Development 6,234,996
Agriculture 687,111
Economic Development 1,308,680
General Services 21,203,079
General Registrar 601,474
Zoning Board of Appeals 34,617
Arts and Humanities Commission 321,695
Mass Transit Operations 1,437,500
Wetlands Board of Virginia Beach 12,982
Virginia Beach Volunteer Council 32,482
Video Services 701,500
Community Organization Incentive Grants 220,043
Employee Special Benefits 630,207
Benefits Administration 1 80,250
Revenue Reimbursements 1,528,971
Regional Participation 834,662
Independent Financial Services 70,000
Arts Center Grant
Fire 79,921
Emergency Medical Services 22,100,052
Museums 1,831,723
Management Services 349,528
1,503,108
Convention and Visitor Development 3,921,347
Housing and Neighborhood Preservation 1,870,717
Reserve for Contingencies 6,965,11 6
Transfer to Other Funds 287,911,681
TOTAL GENERAL FUND $ 504,212,627
SCHOOL OPERATING FUND
Instruction $ 31 9,221,768
Administration, Attendance, and Health 11,660,710
Pupil Transportation 1 5,666,079
Operations and Maintenance 40,754,122
TOTAL SCHOOL OPERATING FUND $ 387,302,679
SCHOOL GRANTS FUND
Education - Grants 1 7,868,106
TOTAL SCHOOL GRANTS FUND $ 1 7,868,106
SCHOOL T
Education - Textbook $ 4,376,340
TOTAL SCHOOL TEXTBOOK FUND 1 376,340
... . ....
............................
GRANTS CONSOLIDATED FUND
Commonwealth's Attorney (DCJS - victim/witness Grant) $ 11 2,987
Sheriff and Corrections (Pre-Trial Program) 170,345
Housing and Neighborhood Preservation (Section 8 Housing) 291,088
Housing and Neighborhood Preservation 464,800
Reserve for Contingencies 100,000
TOTAL GRANTS CONSOLIDATED FUND $ 1,139,220
SCHOOL ATHLETIC SPECIAL REVENUE FUND
Education - Athletic $ 1,054,499
TOTAL SCHOOL ATHLETIC SPECIAL REVENUE FUND 1,054,499
FEDERAL POLICE DEPARTMENT GRANT FUND
Police (Uniform Patrol Grant) $ 2,308,514
Reserve for Contingencies 39,268
TOTAL FEDERAL POLICE DEPARTMENT GRANT FUND $ 2,347 782
LAW LIBRARY FUND
Library (Law Library) $ 276,470
Reserve for Contingencies 3,700
Transfer to Other Funds 60,000
TOTAL LAW LIBRARY FUND $ 340,170
PENDLETON CHILD SERVICE CENTER FUND
Social Services (Pendleton Child Service Center) $ 1,086,052
Reserve for Contingencies 34,873
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 1,120 925
EMERGENCY E-911 COMMUNICATIONS SPECIAL REVENUE FUND
Police $ 4,668,775
Reserve for Contingencies 314,144
Transfer to Other Funds 632,116
TOTAL EMERGENCY E-911 COMMUNICATIONS SPECIAL REVENUE FUND $ 5,61 5,035
COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND
Housing and Neighborhood Preservation $ 1,436,91 5
Housing and Neighborhood Preservation (Admin/Housing) 233,965
Reserve for Contingencies 108,641
Transfer to Other Funds 1,11 5,901
TOTAL COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND $? 2,895,422
COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
Community Diversion Initiative $ 349,840
Reserve for Contingencies 8,366
TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND $ 358,206
MH/MR/SA SPECIAL REVENUE FUND
Mental Health/Mental Retardation/Substance Abuse $ 1 7,382,393
Reserve for Contingencies 510,057
TOTAL MHIMR/SA SPECIAL REVENUE FUND $ 17,892 450
CD LOAN AND GRANT FUND
Housing and Neighborhood Preservation @Loans and Grants) $ 627,000
TOTAL CD LOAN AND GRANT FUND $ 627,000
HOMELESS INTERVENTION FUND
Social Services (Homeless Intervention) $ 168,700
TOTAL HOMELESS INTERVENTION FUND $ 168,700
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
Police (DEA Seized Assets) $ 18,500
Reserve for Contingencies 51,400
Transfer to Other Funds 190,790
TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND $ 260,690
ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND
Video Services (Cable Access) 21,089
TOTAL ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND 21,089
FEDERAL HOUSING ASSISTANCE GRANT FUND
Housing and Neighborhood Preservation (Home Program) $ 1,090,000
TOTAL FEDERAL HOUSING ASSISTANCE GRANT FUND 1,090,000
"IJU
POLICE AIRPLANE SPECIAL REVENUE FUND
Police (Airplane Enterprise) $ 326,250
TOTAL POLICE AIRPLANE SPECIAL REVENUE FUND 326,250
FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND
Housing and Neighborhood Preservation (Section 8) $ 470,952
Transfer to Other Funds 23,645
TOTAL FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND $ 494,597
COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND
Comprehensive Services Act $ 5,676,260
Reserve for Contingencies 162,923
Transfer to Other Funds 20,794
TOTAL COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND $ 5,859,977
SHERIFF'S DEPARTMENT SPECIAL REVENUE FD
Sheriff and Corrections $ 13,230,148
Reserve for Contingencies 134,087
TOTAL SHERIFF'S DEPARTMENT SPECIAL REVENUE FD $ 1 3,364,235
INMATE SERVICES SPECIAL REVENUE FUND
Sheriff and Corrections (inmate Services) $ 1 55,259
Transfer to Other Funds 11,381
TOTAL INMATE SERVICES SPECIAL REVENUE FUND $ 166,640
PARKS AND RECREATION SPECIAL REVENUE FUND
Parks and Recreation $ 14,427,108
Reserve for Contingencies 680,287
Transfer to Other Funds 46,666
TOTAL PARKS AND RECREATION SPECIAL REVENUE FUND $ 1 5,1 54,061
TOURISM GROWTH INVESTMENT FUND
Convention and Visitor Development $ 50,500
Convention and Visitor Development (TGIF) 100,000
Reserve for Contingencies 450,317
Transfer to Other Funds 9,526,298
TOTAL TOURISM GROWTH INVESTMENT FUND $ 10,1 27,11 5
POLICE STORE SPECIAL REVENUE FUND
Police $ 20,000
TOTAL POLICE STORE SPECIAL REVENUE FUND $ 20,000
SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND CIAL REVENUE FUND
Reserve for Contingencies $ 61 5,023
TOTAL SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND $ 615,023
EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND
Emergency Medical Services $ 143,575
TOTAL EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND $ 143,575
FIRE PROGRAMS SPECIAL REVENUE FUND
Fire (Fire Programs) $ 191,488
Transfer to Other Funds 296,000
TOTAL FIRE PROGRAMS SPECIAL REVENUE FUND $ 487,488
AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND
Agriculture (Agricultural Reserve Program) $ 76,875
Reserve for Contingencies 23,552
Transfer to Other Funds 3,1 56,a93
TOTAL AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND $ 3,257,120
TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND
Convention and Visitor Development (Tourism Advertising) $ 5,541,575
Reserve for Contingencies 138,1 69
TOTAL TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND 1 5,679 744
WATER AND SEWER FUND
Public Utilities $ 57,403,092
Debt Service 10,984,235
Reserve for Contingencies 1,321,001
Transfer to Other Funds 7,541,592
TOTAL WATER AND SEWER FUND $ 77,249,920
GOLF COURSES ENTERPRISE FUND
Parks and Recreation (Golf Courses) $ 1,856,931
Debt Service 214,000
Reserve for Contingencies 38,885
Transfer to Other Funds 480,152
TOTAL GOLF COURSES ENTERPRISE FUND $ 2,589,968
SCHOOL CAFETERIAS ENTERPRISE FUND
Education - Cafeteria $ 17,217,644
TOTAL SCHOOL CAFETERIAS ENTERPRISE FUND $ 17,217,644
MARINE SCIENCE MUSEUM ENTERPRISE FUND
Museums (Virginia Marine Science Museum) $ 4,480,736
Museums 1,011,396
Reserve for Contingencies 342,712
Transfer to Other Funds 4,624,394
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND $ 10,459,238
PARKING ENTERPRISE FUND
Public Works (Parking Systems Management) $ 559,169
Reserve for Contingencies 11 5,023
Transfer to Other Funds 320,808
TOTAL PARKING ENTERPRISE FUND $ 9rlooo
STORM WATER UTILITY ENTERPRISE FUND
Public Works (Storm Water Operations) $ 853,837
Public Works 5,1 53,543
Debt Service 197,069
Reserve for Contingencies 274,929
Transfer to Other Funds 2,930,720
TOTAL STORM WATER UTILITY ENTERPRISE FUND $ 9,410,098
GENERAL DEBT FUND
Debt Service $ 82,674,198
TOTAL GENERAL DEBT FUND $ 82,674,198
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
Water and Sewer Capital Projects $ 2,500,000
TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND $ 2,500,000
ENGINEERING & HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
Roadways Capital Projects 5,575,348
Economic and Tourism Development Capital Projects 2,078,519
Coastal Capital Projects 868,988
TOTAL ENGINEERING & HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND 522,815
RESORT PROGRAM CAPITAL PROJECT FUND
Economic and Tourism Development Capital Projects $ 2,670,1 50
TOTAL RESORT PROGRAM CAPITAL PROJECT FUND $ 2,670,1 50
SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND
School Capital Projects s 1,000,000
TOTAL SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND s 1,000,000
PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND
Parks and Recreation Capital Projects $ 1,523,475
TOTAL PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND $ 1,523,475
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
Building Capital Projects $ 3,810,317
TOTAL BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND $ 3,810,317
STORM WATER CAPITAL PROJECT FUND
Storm Water Capital Projects $ 1,650,000
TOTAL STORM WATER CAPITAL PROJECT FUND $ 1,650 000
TOTAL BUDGET APPROPRIATIONS $1,226,659,628
Less lrrtorkmid Transfers 318,889,631
NET BUDGET APPROPRIATIONS $ 907,769,997
Section 2: That, in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of
Appropriations as set forth in said Annual Budget are as follows:
GENERAL FUND
Revenue from Local Sources
General Property Taxes 294,638,717
Other Local Taxes 135,732,504
Permits, Privilege Fees, and Regulatory Licenses 3,105,91 6
Fines and Forfeitures 3,645,503
From the Use of Money and Property 6,525,996
Charges for Services 5,777,973
Miscellaneous Revenue 638,635
Revenue from the Commonwealth
Non-Categorical Aid 1,527,002
Shared Expenses (Categorical) 2,586,547
Categorical Aid 33,678,457
Revenue from the Federal Government
Payments in Lieu of Taxes 272,897
Non-Categorical Aid 387,250
Categorical Aid 8,741,816
Transfers from Other Funds 5,653,41 5
Specific Fund Reserves 1,300,000
TOTAL GENERAL FUND $ 504,212,627
SCHOOL OPERATING FUND
Revenue from Local Sources
From the Use of Money and Property $ 265,000
Charges for Services 1,056,160
Miscellaneous Revenue 854,908
Revenue from the Commonwealth
Categorical Aid 209,583,558
Revenue from the Federal Government
Categorical Aid 7,736,640
Transfers from Other Funds 167,806,41 3
TOTAL SCHOOL OPERATING FUND 387,302,679
SCHOOL GRANTS FUND
Revenue from Local Sources
Miscellaneous Revenue $ 1,540,323
Revenue from the Commonwealth
Categorical Aid 6,315,408
Revenue from the Federal Government
Categorical Aid 10,012,375
TOTAL SCHOOL GRANTS FUND 17,868,106
SCHOOL TEXTBOOK FUND
Revenue from Local Sources
Charges for Services $ 7,000
Miscellaneous Revenue 219,000
Revenue from the Commonwealth
Categorical Aid 2,650,340
Transfers from Other Funds 1,500,000
TOTAL SCHOOL TEXTBOOK FUND $ 4,376,340
GRANTS CONSOLIDATED FUND
Revenue from the Commonwealth
Categorical Aid $ 369,573
Revenue from the Federal Government
Categorical Aid 632,761
Transfers from Other Funds 1 36,886
TOTAL GRANTS CONSOLIDATED FUND $ 1,L39,220
SCHOOL ATHLETIC SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property $ 12,000
Charges for Services 286,800
Miscellaneous Revenue 755,699
TOTAL SCHOOL ATHLETIC SPECIAL REVENUE FUND $ 1,054,499
FEDERAL POLICE DEPARTMENT GRANT FUND
Revenue from the Federal Government
Categorical Aid $ 1,282,1 50
Transfers from Other Funds 1,065,632
TOTAL FEDERAL POLICE DEPARTMENT GRANT FUND $ 2,347 782
LAW LIBRARY FUND
Revenue from Local Sources
From the Use of Money and Property $ 28,570
Charges for Services 225,600
Specific Fund Reserves 86,000
TOTAL LAW LIBRARY FUND $ 340,170
PENDLETON CHILD SERVICE CENTER FUND
Revenue from Local Sources
From the Use of Money and Property $ 16,000
Miscellaneous Revenue 188,450
Revenue from the Commonwealth
Categorical Aid 510,000
Revenue from the Federal Government
Categorical Aid 10,500
Transfers from Other Funds 372,975
Specific Fund Reserves 23,000
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ I,l 20,925
EMERGENCY E-911 COMMUNICATIONS SPECIAL REVENUE FUND
Revenue from Local Sources
Other Local Taxes $ 4,664,587
From the Use of Money and Property 5,000
Transfers from Other Funds 945,448
TOTAL EMERGENCY E-91 1 COMMUNICATIONS SPECIAL REVENUE FUND $ 5,61 5,035
COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND
Revenue from the Federal Government
Non-Categorical Aid $ 2,820,000
Transfers from Other Funds 75,422
TOTAL COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND $ 2,895,422
COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property $ 2,639
Revenue from the Commonwealth
Categorical Aid 355,567
TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND 318,206
MH/MR/SA SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property $ 35,591
Charges for Services 1,082,665
Revenue from the Commonwealth
Categorical Aid 10,021,244
Revenue from the Federal Government
Categorical Aid 1,686,583
Transfers from Other Funds 5,066,367
TOTAL MH/MR/SA SPECIAL REVENUE FUND $ 1 7,892,450
CD LOAN AND GRANT FUND
Revenue from Local Sources
From the Use of Money and Property $ 75,000
Revenue from the Federal Government
Non-Categorical Aid 477,000
Non-Revenue Receipts 75,000
TOTAL CD LOAN AND GRANT FUND $ 627,000
HOMELESS INTERVENTION FUND
Revenue from the Commonwealth
Categorical Aid $ 168,700
TOTAL HOMELESS INTERVENTION FUND $ 168,700
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
Revenue from the Federal Government
Categorical Aid $ 69,900
Specific Fund Reserves 190,790
TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND $ 260,690
ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND
Revenue from Local Sources
Miscellaneous Revenue $ 21,089
TOTAL ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND $ 21,089
FEDERAL HOUSING ASSISTANCE GRANT FUND
Revenue from the Federal Government
Categorical Aid $ 1,078,395
Non-Revenue Receipts 11,605
TOTAL FEDERAL HOUSING ASSISTANCE GRANT FUND s 1,090,000
POLICE AIRPLANE SPECIAL REVENUE FUND
Revenue from Local Sources
Charges for Services $ 21,750
Revenue from the Commonwealth
Categorical Aid 294,140
Revenue from the Federal Government
Categorical Aid 10,360
TOTAL POLICE AIRPLANE SPECIAL REVENUE FUND $ 326,250
FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND
Revenue from the Federal Government
Categorical Aid $ 494,597
TOTAL FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND $ 494,597
COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND
Revenue from Local Sources
Charges for Services $ 4,755
Miscellaneous Revenue 1 29,396
Revenue from the Commonwealth
Categorical Aid 3,922,274
Transfers from Other Funds 1,803,552
TOTAL COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND $ 5,859,977
SHERIFF'S DEPARTMENT SPECIAL REVENUE FD
Revenue from Local Sources
Charges for Services $ 446,454
Miscellaneous Revenue 101,000
Revenue from the Commonwealth
Shared Expenses (Categorical) 9,562,221
Revenue from the Federal Government
Shared Expenses lcategorical) 433,620
Transfers from Other Funds 2,820,940
TOTAL SHERIFF'S DEPARTMENT SPECIAL REVENUE FD $ 13 364,235
INMATE SERVICES SPECIAL REVENUE FUND
Revenue from Local Sources
Charges for Services $ 165,000
Transfers from Other Funds 1,640
TOTAL INMATE SERVICES SPECIAL REVENUE FUND 166,640
PARKS AND RECREATION SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property $ 408,665
Charges for Services 5,820,91 8
Transfers from Other Funds 8,724,351
Specific Fund Reserves 200,127
TOTAL PARKS AND RECREATION SPECIAL REVENUE FUND $ 1 5,1 54,061
TOURISM GROWTH INVESTMENT FUND
ources
oney and Property $ 89,000
Funds 10,038,11 5
OWTH INVESTMENT FUND $10,1 27,11 5
POLICE STORE SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property $ 20,000
TOTAL POLICE STORE SPECIAL REVENUE FUND $ 20,000
SANDBRIDGE SPECIAL SERVICE DIS FRICT SPECIAL REVENUE FUND
Revenue from Local Sources
General Property Taxes $ 122,257
Other Local Taxes 268,436
From the Use of Money and Property 18,000
Transfers from Other Funds 206,330
TOTAL SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND $ 61 5,023
EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND
Revenue from the Commonwealth
Categorical Aid $ 143,575
TOTAL EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND 1 143,175
FIRE PROGRAMS SPECIAL REVENUE FUND
Revenue from the Commonwealth
Categorical Aid $ 487,488
TOTAL FIRE PROGRAMS SPECIAL REVENUE FUND $ 8 7@488
AGRICULTURE RE :NUE FUND
Transfers from Other Funds $3,257,120
TOTAL AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND 13,257,120
TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property $ 34,000
Charges for Services 36,200
Miscellaneous Revenue
Transfers from Other Funds 130,000
5,479,544
TOTAL TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND 1,679,744
WATER AND SEWER FUND
Revenue from Local Sources
From the Use of Money and Property $2,674,768
Charges for Services
Miscellaneous Revenue 66,431,327
Non-Revenue Receipts 95,342
Specific Fund Reserves 2,551,734
5,496,749
TOTAL WATER AND SEWER FUND 177,249,920
GOLF COURSES ENTERPRISE FUND
Revenue from Local Sources
From the Use of Money and Property $ 97,286
Charges for Services 2,492,682
TOTAL GOLF COURSES ENTERPRISE FUND 12,589,968
SCHOOL CAFETERIAS ENTERPRISE FUND
Revenue from Local Sources
From the Use of Money and Property $ 57,184
Charges for Services
Miscellaneous Revenue 9,868,1 57
Revenue from the Commonwealth 65,000
Categorical Aid
Revenue from the Federal Government 415,359
Categorical Aid 6,811,944
TOTAL SCHOOL CAFETERIAS ENTERPRISE FUND 117,217,644
MARINE SCIENCE MUSEUM ENTERPRISE FUND
Revenue from Local Sources
From the Use of Money and Property $ 174,078
Charges for Services 5,777,588
Revenue from the Commonwealth 100,000
Transfers from Other Funds 4,407,572
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND $ 10,459,238
PARKING ENTERPRISE FUND
Revenue from Local Sources
Charges for Services $ 995,000
TOTAL PARKING ENTERPRISE FUND $ 995,000
STORM WATER UTILITY ENTERPRISE FUND
Revenue from Local Sources
From the Use of Money and Property $ 250,000
Charges for Services 6,460,098
Revenue from the Commonwealth
Categorical Aid 2,700,000
TOTAL STORM WATER UTILITY ENTERPRISE FUND $ 9,410,098
GENERAL DEBT FUND
Transfers from Other Funds $ 77,851,11 2
Capital Project Reserves 4,823,086
TOTAL GENERAL DEBT FUND 82,674,1 98
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
Transfers from Other Funds $ 2,500,000
TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND 2,500,000
ENGINEERING & HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND TS FUND
Transfers from Other Funds $ 8,522,855
TOTAL ENGINEERING & HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND $ 8,522,855
RESORT PROGRAM CAPITAL PROJECT FUND
Transfers from Other Funds $ 2,670,150
TOTAL RESORT PROGRAM CAPITAL PROJECT FUND 2,670,1 50
SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND
Transfers from Other Funds s 1,000,000
TOTAL SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND $ 1,000,000
PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND
Transfers from Other Funds $ 1,523,475
TOTAL PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND 1,523,475
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
Transfers from Other Funds $ 3,810,317
TOTAL BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND $ 3,810,317
STORM WATER CAPITAL PROJECT FUND
Transfers from Other Funds s 1,650,000
TOTAL STORM WATER CAPITAL PROJECT FUND $ 1,650,000
TOTAL REVENUES $1,226,659,628
Less l@ Transfers 318,889.631
NET REVENUES $ 907,769.997
23 Section 3. With the exception of the School Operating Funds, the Sheriff's Special Revenue Fund and the
24 Mental Health Special Revenue Fund, the total of full-time permanent positions, shall be the maximum of positions
25 authorized for the various departments of the city during the fiscal year except changes or additions authorized by the
26 Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary
27 and/or part-time positions provided the aggregate amount expended for such services shall not exceed the respective
28 appropriations made therefor. The City Manager is further authorized to make such rearrangements of positions within and
29 between the departments as may best meet the uses and interests of the city.
30 Section 4. All currertt and delinquent collections of local taxes shall be credited to the General Fund and, where
31 appropriate, the Sandbridge Special Service District Special Revenue Fund of the city. Transfers shall be made from the
32 General Fund to the respective specially designated funds to which a levy is made in the respective amount of collection
33 for each specially designated funds.
34 Section 5. All balances of the appropriations payable out of each fund of the City Treasury at the close of
35 business for the fiscal year ending on the thirtieth day of June, 1997, except, as otherwise provided for, are hereby declared
36 to be lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the
37 General Fund Balance, and may be used for the payment of the appropriations which may be made in the appropriation
38 ordinance for the fiscal year beginning July 1, 1997. However, there shall be retained in the General Fund Balance, an
39 amount not less than the range of seventy-five (75) to one hundred (100) percent of the budget for city and school debt
40 service payments for that fiscal year for contingencies and emergency situations and not to be used to support
41 appropriations approved in the ordinance for the fiscal year beginning July 1, 1 997, except upon subsequent authorization
42 by City Council.
43 Section 6. All balances of appropriations in each fund which support authorized obligations or are encumbered
44 at the close of business for the fiscal year ending on the thirtieth day of June, 1997, are hereby declared to be
45 reappropriated into the fiscal year beginning July 1, 1996, and estimated revenues adjusted accordingly.
46 Section 7. No department or agency for which appropriations are made under the provisions of this Ordinance
47 shall exceed the amount of the appropriations except with the consent and approval of the City Council first being obtained.
48 It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to
49 the totais for each Appropriation Unit included in this Ordinance and does not apply to Interfund Transfers.
50 Section 8. The City Manager or the Director of Management Services, is hereby authorized to approve transfers
5 1 of appropriations in an amount up to $25,000 between any Appropriation Units included in this ordinance. In addition, the
52 City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for salary adjustments
53 approved by City Council, and may transfer appropriations from the Reserve for Contingencies - Technology for the purposes
54 intended.
55 The City Manager or the Director of Management Services is hereby authorized to establish and administer
56 budgeting within Appropriation Units consistent with best management practices, reporting requirements and the programs
57 and services adopted by the City Council.
58 Section 9. The City Manager or the Director of Management Services is authorized to change the Estimated
59 Revenues included in this Ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating
60 Appropriation Unit declines, the City Manager or the Director of Management Services is authorized to reduce, subject to
61 any other provision of law, those appropriations to equal the changed Estimated Revenue. The City Manager must give
62 prior notice to the City Council of any reduction to total appropriations exceeding $25,000. The notice to City Council shall
63 identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The accounting records
64 of the city will be maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units
65 for each of the city's funds.
66 The City Manager or the Director of Management Services is hereby authorized to transfer any excess
67 appropriationstothe Reserve for Contingencies after all anticipated expenditures for which those funds were appropriated
68 have been incurred.
69 Section 1 0. Nothing in this section Shall be construed as authorizing any reduction to be made in the amount
70 appropriated in this Ordinance for the payment of interest or principal on the bonded debt of the City Government.
71 Section 1 1 . Allowances out of any of the appropriations made in this Ordinance by any or all of the city
72 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such
73 officers and employees of their personal automobiles in the discharge of their official duties shall not exceed twenty-four
74 cents ($.24) per mile of actual travel for the first 1 5,000 miles and eleven ($.l 1) per mile for additional miles of such use
75 within the fiscal year.
76 Section 1 2. All traveling expense accounts shall be submitted on forms approved by the Director of Finance
77 and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or
78 paid; number of miles traveled; method of travel; hotel expenses, meals, and incidental expenses. The Director of Finance
79 is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump sum"
80 amounts, including payments to employees of the School Board.
81 Section 13. Violation of this ordinance may result in disciplinary action by the City Manager on the person or
32 person responsible for the management of the Appropriation Unit in which the violation occurred.
83 Section 14. That this Ordinance shall be in effect from and after the date of its adoption.
84 Section 1 5. That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for
85 any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions
86 of this Ordinance.
87 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of May, 1996.
- 26 -
item iv-i lb, (1)
ORDINANCES ITEM # 40758
RESOURCE MANAGEMENT PLAN
FY 1996-1997/FY 2000-2002 CAPITAL IMPROVEMENT PLAN
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize the issuance of General Obligation Bonds of the
City of Ilirginia Beach in the maximum amount of $50,900,000 re various
Schools, Roaduwys, Coastal, EconomkITourisitz, Buildings and other
Public Improvement Projects.
Voting: 9-1
Council Members Voting Aye:
John A Baum, Linwood 0. Branc.% III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E
Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent:
Nancy K Parker
May 14, 1996
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $50,900,000 FOR VARIOUS PUBLIC
5 FACILITIES AND GENERAL IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
7 general obligation public improvement bonds for various purposes in the maximum amount of $50,900,000
8 as permitted by the City Charter without submitting the question of their issuance to the qualified voters
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
10 1. It is hereby determined to be necessary and expedient for the City to construct and improve
1 1 various public facilities and general improvements, all of which will promote the public welfare of the City
12 and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to
1 3 finance the costs thereof through the borrowing of $50,900,000 and issuing the City's general obligation
14 bonds therefor.
1 5 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
1 6 authorized to be issued public improvement bonds of the City in the maximum amount of $50,900,000, to
1 7 provide funds, together with other funds that may be available, for various public improvements, including
1 8 Schools, Roadways, Coastal, Economic and Tourism, and Building projects for the following project
1 9 activities including: preliminary study, preliminary survey, permit compliance, environmental assessment,
20 planning, design, engineering, site acquisition, residents relocation, utility relocation, construction,
21 renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and
22 support services, furniture and equipment, and contingencies
23 3. The bonds may be issued as a separate issue or combined with bonds authorized for other
24 purposes and sold as part of one or more combined issues of public improvement bonds.
25 4. The bonds shall bear such date or dates, mature at such time or times not exceeding 40
26 years from their dates, bear interest, be in such denominations and form, be executed in such manner and
27 be sold at such time or times and in such manner as the Council may hereafter provide by appropriate
28 resolution or resolutions.
29 5. The bonds shall be general obligations of the City for the payment of principal, premium, if
30 any, and interest on which its full faith and credit shall be irrevocably pledged.
31 6. The City Clerk is directed to make a copy of this ordinance continuously available for
32 inspection by the general public during normal business hours at the City Clerk's office from the date of
33 adoption hereof through the date of the issuance of the Bonds.
34 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to see to
35 the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
36 8. This ordinance shall be in full force and effect from its passage.
37 Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of May,
38 1996.
39 Requires eight affirmative votes for adoption.
APPROVED AS TO
APPROVED AS TO CONTENT: LEGAL SUFFICIENCY:
Dept. of Matiigemen@ City Att ney
- 27 -
Item fV-J. lb. (2)
ORDINANCES ITEM # 40758
RESOURCE MANAGEMENT PL4N
FY 1996-1997IFY 2000-2002 CAPITAL IMPROVEMENT PL4N
Upon motion by Vice Mayor Sessoiw, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize the issuance of Water and Sewer System Revenue
Bonds of the City of rzrginia Beach in the maximum amount of
$6,960,000 re improvements and expansions to the City's Water and
Sewer System.
Voting: 9-1
Council Members Voting Aye:
John A Baum, Linwood 0. Brancl4 III, William W. Ilarrisoll, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E
Oberndorf Vice Mayor William D. Sessoms, Jr and Louisa M. 5trayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent,-
Nancy K Parker
May 14, 1996
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 WATER AND SEWER SYSTEM REVENUE BONDS OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA, IN THE
4 MAXIMUM AMOUNT OF $6,960,000
5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
6 water and sewer system revenue bonds in the maximum amount of $6,960,000 for financing improvements
7 and expansions to the City's water and sewer system (the "System"), as permitted by the City Charter:
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
9 1. It is hereby determined to be necessary and expedient for the City to continue its program of
1 0 improving and extending the System which will promote the public welfare of the City and its inhabitants and
1 1 will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs
1 2 thereof through the borrowing of $6,960,000 and issuing the City's revenue bonds therefor.
1 3 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
1 4 authorized to be issued water and sewer system revenue bonds of the City in the maximum amount of
1 5 $6,960,000 to provide funds, together with other available funds, for financing the costs of improvements
1 6 and expansions to the System.
1 7 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40
1 8 years from their dates, bear interest, be in such denominations and form, be executed in such manner and
1 9 be sold at such time or times and in such manner as the Council may hereafter provide by appropriate
20 resolution or resolutions.
21 4. The System is an undertaking from which the City may derive a revenue. The bonds shall
22 be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the
23 revenues derived by the City from the System, and shall not be included within the otherwise authorized
24 indebtedness of the City. The bonds shall not be deemed to create or constitute an indebtedness of or a
25 pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town, or other political
26 subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the
27 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be
28 entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or
29 any other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any
30 appropriation therefor, except from the revenues pledged to the payment of the principal of and premium, if
31 any, and interest on the bonds.
32 5. Such resolutions to be adopted and agreements to be entered into hereafter authorizing the
33 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the
34 City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished
35 by the System and to revise the same from time to time and as often as shall be necessary so as to
36 produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the
37 same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also
38 include such additional covenants, agreements, and other terms as are customary for the protection of the
39 holders of water and sewer revenue obligations.
40 6. The City Clerk is directed to make a copy of this ordinance continuously available for
41 inspection by the general public during normal business hours at the City Clerk's office from the date of
42 adoption hereof through the date of the issuance of the bonds.
43 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to see to
44 the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
45 8. This ordinance shall be in full force and effect from its passage.
46 Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of May
47 1996.
APPROVED AS TO
APPROVED AS TO CONTENT: LEGAL SUFFICIENCY:
Dept. of Manage City Attorney
- 28 -
Item rV-Jlb.(3)
ORDINANCES ITEM # 40759
RESOURCE MANAGEMENT PLAN
FY 1996-1997/FY 2000-2002 CAPITAL IMPROVEMENT PLAN
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorri, City Council ADOPTED:
Ordinance to authorize the issuance of Storm Water Utility System
Revenue Bonds of the City of Virginia Beach in the maximum amount of
$3,684,940 re improvements and expansions to the City's Storm Water
utility system.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. liarrisort, Jr., I-farold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent:
Nancy K Parker
May 14, 1996
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 STORM WATER UTILITY SYSTEM REVENUE BONDS OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA, IN THE
4 MAXIMUM AMOUNT OF $3,684,940
5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
6 storm water utility system revenue bonds in the maximum amount of $3,684,940 for financing improve-
7 ments and expansions to the City's storm water utility system (the "System"), as permitted by the City
8 Charter without submitting the question of their issuance to the qualified voters,
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA-
1 0 1. It is hereby determined to be necessary and expedient for the City to continue its program of
1 1 improving and extending the System which will promote the public welfare of the City and its inhabitants and
1 2 will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs
1 3 thereof through the borrowing of $3,684,940 and issuing the City's revenue bonds therefor.
1 4 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
1 5 authorized to be issued storm water utility system revenue bonds of the City in the maximum amount of
16 $3,684,940 to provide funds, together with other available funds, for financing the costs of improvements
1 7 and expansions to the System.
1 8 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40
1 9 years from their dates, bear interest, be in such denominations and form, be executed in such manner and
20 be sold at such time or times and in such manner as the Council may hereafter provide by appropriate
21 resolution or resolutions.
22 4. The system is an undertaking from which the City may derive a revenue. The bonds shall
23 be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the
24 revenues derived by the City from the System, and shall not be included within the otherwise authorized
25 indebtedness of the City. The bonds shall not be deemed to create or constitute an indebtedness of or a
26 pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town, or other political
27 subdivision of the Commonwealth, including the City, and shall so state on their face. The issuance of the
28 bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to
29 be adopted or agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate
30 the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and collect any
31 taxes whatsoever or make any appropriation therefor, except from the revenues pledged to the payment of
32 the principal of and premium, if any, and interest on the bonds.
33 5. Such resolutions to be adopted and agreements to be entered into hereafter authorizing the
34 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the
35 City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished
36 by the System and to revise the same from time to time and as often as shall be necessary so as to
37 produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the
38 same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also
39 include such additional covenants, agreements, and other terms as are customary for the protection of the
40 holders of storm water utility revenue obligations.
41 6. The City Clerk is directed to make a copy of this ordinance continuously available for
42 inspection by the general public during normal business hours at the City Clerk's office from the date of
43 adoption hereof through the date of the issuance of the bonds
44 7. The City Clerk, in collaboration with the City Attorney is authorized and directed to see to the
45 immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
46 S. This ordinance shall be in full force and effect from its passage.
47 Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of May
48 1996.
APPROVED AS TO
APPROVED AS TO CONTENT: LEGAL SUFFICIENCY:
Dept. of Managem ices City Afforn@y
29 -
ORDINANCES ITEM # 40760
RESOURCE MANAGEMENT PL4N
FY 1996-1997/FY 2000-2002 CAPITAL IMPROVEMENT PLAN
Upon motion by Irice Mayor Sessonts, seconded by Council lady Strayhorn, City Council ADOPTED, AS
AMENDED:
Ordinance to ADOPT the FY 1996-1997/FY 2001-2002 Capital
Improvement Program; and APPROPRIATE $99,637,627
for the FY 1996-1997 Capital Budget subject to funds being provided
from various sources, and further subject to any amendments adopted by
City CounciL
The City Manager's letter of May 13, 1996 and Attachment B
encompassing amendments to the FY 1996 -1997 Capital Budget shall be
made a part of the proceedings.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. BrancIL III, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis P, Jones, Mayor Meyera E
Oberndorf Yice Mayor William D. Sessona, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean
Council Members Absent:
Nancy K Parker
Council Lady Henley expressed her concern relative the Southeastern Expressway Project in the CIP. She
did wt believe the CIP reflected the intent of the design.
May 14, 1996
Of' @E L@f Fili C T, MANAGER MUNICIPAL CENTER
(BN 1 42 @ 124 VIRGINIA BEACH VIRGINIA 23456 qWt
VAX IBN) i@
May 13, 1996
The Honorable Mayor
Members of Council
Dear Council Members:
Attached for your consideration is a summary of actions regarding the FY 1996-97 Operating Budget and
the Capital Improvement Program resulting from your May 9 Reconciliation Workshop. As a result of the
changes, the proposed budget will increase by $9,884,259 for a total approved operating budget of
$907,769,997. The proposed FY 1996-97 capital budget will Increase by $1,502,55a for a total approved
capital budget of $99,637,627 and a total six-year Capital Improvement Program of $1,009,248,440,
inclusive of appropriations to date.
In addition to those items contained in the letter of May 9 from the Mayor and Vice Mayor and approved
on May 9 at the direction of Council, staff met with Mrs. Strayhorn and Mr. Sessoms. As a result, a third
Social Worker for Child Protective Services was added 1$39,000) and $96,000 was added to Mass Transit
to assist in funding routes 37 and 39. Additional funding will be sought from Navy and private sector
sources.
Also attached is a substitute ordinance requested by Councilman Linwood Branch to extend the .5 percent
tax on transients obtaining lodging through the end of FY 1996-97. The current provision in the city code
will end that portion of the tax on May 1, 1997. (The original proposal as reflected in the proposed budget
eliminates the sunset provision resulting in the continuation of the tax indefinitely. Mr. Branch's substitute
extends the tax only through the remainder of FY 1996-97 to allow for interested groups to consider a
longer extension.)
The ordinances included in your agenda are those needed to implement the operating budget and CIP as
originally recommended by the City Manager in April. To effect the changes as agreed upon in the
reconciliation workshop, it is necessary to move the adoption of the budget or CIP appropriation ordinances
with reference to and inclusion of the attached amendments.
Your staff greatly appreciates the many hours you have devoted to analyzing the budget and CIP and in
holding workshops and public hearings on the budget and CIP. Should you have any questions or need
additional information, please let me know.
With Pride In Our City,
James K. Spore
City Manager
Attachments NOTE: We received a categ breakdown of the FY 1996-97 School
Operating Fund Budget on May 14th and have included this
cc: E.D. Block breakdown on Attachment A as an amendment to the budget
ordinance. The School Board -,Jay make modifications to
4-ndividual categories at thf!ir mept'@iig of Yiay 21 a-,id will
forward the'@r recomnpiidatio-.ls to you at a later daze for
action.
City of Virginia Beach, Virginia
FY 1996-1997 Capital Budget and
FY 1996-1997/FY 2001-2002 Capital Improvement Program
Summary of City Council Reconciliation Workshop Amendments FY 1996-1997 Capital
Capital Improvements
Budget Program
Estimated Sources of Funding
Proposed in FY 1996-1997\FY 2001-2002 Capital Improvement Program $ 98,075,071 $ 1 007,685,884
Be. Appropriation of General Fund Fund Balance for School Projects 962,556 962,556
Bo. Appropriation of General Fund Fund Balance for Roadway Projects 100,000 100,000
Bc. Transfer from the General Fund 500,000 500,000
Adjusted FY 1996-1997\FY 2001-2002 Capital Improvement Program $ 99,637,627 $ 1 009 248 440
Estimated Allocations
Proposed in FY 1996-1997\FY 2001-2002 Capital Improvement Program $ 98,075,071 $ 1,007.685,884
Schools Section
Bi Princess Anne High School Renovation 962,556 962,556
The funding will provide for the rent at Celebration Station through June 30,
1997. Funding will be provided from the expected FY 1995-96 year
ending balances. Should the School Board be successful in avoiding some
of these costs, they can return to the City Council with proposals for other
one-time uses of these funds. The affect of this action is to free up
$962,556 currently in the Proposed School Operating Budget for other
needs
Total Adjustment To School Section 962,556 962,556
Roadways Section
B2 Sandbridge Road/Ferrell Parkway VI & VII Corridor Study 500,000 500TOOO
This will provide funding to do the initial feasibility and environmental impact
studies required for improving this stretch of roadway.
Shore Drive Corridor Study 100,000 100,000
B3 Funding will provide for a feasibility study and needs assessment for
improving this stretch of roadway.
Total Adjustment To Roadways Section 600,000 600,000
djusted FY 1996-1997\FY 2001-2002 Capital Improvement Program $ 99,637,627 $ 1,009,248 440
Attachment B (May 14,1996)
1 AN ORDINANCE TO ADOPT THE
2 FY 1996-97/FY 2001-02 CAPITAL
3 IMPROVEMENT PROGRAM AND TO APPROPRIATE
4 $99,637,627 FOR THE FY 1996-97
5 CAPITAL BUDGET SUBJECT TO FUNDS BEING
6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN
7 WHEREAS, the City Manager, on April 2,1996, presented to City Council the Capital
8 Improvement Program for fiscal years 1996-97 through 2001-02,
9 WHEREAS, City Council held public hearings on the program to provide for public
1 0comment,
I 1 WHEREAS, based on public comment, City Council has determined the need for certain
1 2projects in the Capital Improvement Program,
1 3 WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in
1 4the 1996-97 fiscal year as set forth in said Capital Improvement Program.
1 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
1 7 Section 1: That the program, as modified, for the construction of, or addition to capital
18 facilities identified for fiscal years 1996-97 through 2001-02 is hereby adopted and that projects listed herein
19 are approved as capital projects.
20 Section 2: That the projects shall be financed from funds to be appropriated periodically
21 by City Council, and unfit funds are so provided, the projects are for planning purposes only and may be
22 deleted, altered, or rescheduled in any manner at any time by City Council.
23 Section 3: That funds in the amounts aggregating $99,637,627 for capital projects in the
24 Capital Budget for the 1996-97 fiscal year as set forth in said Capital Improvement Program are hereby
25 appropriated, by project class, subject to the conditions set forth, as follows:
26 CAPITAL PROJECTS
27 School Project Class:
28 1-021 Corporate Landing Middle School (I 997) $ 2,339,496
29 1-040 Underground Storage Tanks - Schools 250,000
30 1-046 High School - 2001 575,000
31 1-047 Christopher Farms Elementary Shoo[ (1 997) 1,396,000
32 1-061 Elementary Shool - 1999 575,000
33 1-062 ADA School Modificabons 500,000
34 1-063 Indoor Air Quality Improvements 4,000,000
35 1-064 Relocation: L:inkhorn Park Elementary School 7,395,404
36 1-066 Kingston Elementary School Additions 1,716,000
37 1 -081 Plaza Elementary School Addition 125,000
38 1-083 Renovations and Replacements - Reroofing 1,075,000
39 1-084 Renovations and Replacements - HVAC Systems 3,483,160
40 1-089 Point OView Elementary School Addition 125,000
41 1 -1 00 Comprehensive Modernization Study 400,000
42 1-199 Princess Anne High School Fire Restorabon/Additon 962,556
43 1-1 98 Relocation - Seatack Elementary School 226,817
44 Total School Projects Class: $ 25,144,433
45 Roadway Projects Class:
46 2-021 Rural Road Improvements $ 300,000
47 2-051 C@e Parking Improvements (Partal) 56,275
48 2-089 Southeastern Parkway and Greenbelt (Parfial) 4,000,000
49 2-096 Ferrell Parkway - Phase V (Partal) 30,000
50 2-140 London Bridge Road - Phase 11 57,120
51 2-152 Elbow Road Extended (Partal) 76,000
52 2-157 Lynnhaven Parkway - Phase IX 77,000
53 2-164 Jeanne Street 250,000
54 2-167 Lynnhaven Parkway - Phase Xi 60,230
55 2-174 Dozier's Bridge 151,060
56 2-175 Independence Boulevard - Phase IV-B 2,191,000
57 2-197 Sandbridge Road Corridor Study 500,000
58 2-198 Shore Dfive Corridor Study 100,000
59 2-21 1 Secondary Street Improvements 179,000
60 2-21 9 Independence Boulevard - Phase IV-C 1,422,600
61 2-256 Indian River Road - Phase Vil (Partal) 93,500
62 2-263 Major Bridge Reconstruction and Rehabilitation 327,758
63 2-268 Wetlands Mitigation Banidng 312,000
64 2-278 TCC Site Improvements 250,000
65 2-279 Kempsville Road/Providence Road Intersection Improvements 1,146,024
66 2-284 Resurfacing and Reconstruction Backlog Reduction 1,613,388
67 2-285 Traffic Safety Improvements - Phase 11 1,068,989
68 2-305 Ferrell Parkway - Phase 11 (Parbal) 47,000
69 2-837 Va(ious Cost Participation Projects 67,889
70 2-930 Salem Road $ 797,900
71 Total Roadway Projects Class: $ 15,174,733
72
73 Building Projects Class:
74 3-005 Underground Storage Tanks - City $ 556,900
75 3-010 Beach Borough SerAce Center 3,134,200
76 3-018 Fire/Rescue Station - Creeds 142,236
77 3-020 ADA Building Modifications 250,000
78 3-023 Social Services Building Replacement 6,433,357
79 3-024 Virginia Beach Juvenile Detention Center 1,200,000
80 3-031 Infection Control Decontamination Facility 212,000
81 3-033 Fire Facility Rehabilitation and Renewal 129,000
82 3-038 Various Buildings Rehabilitation and Renewal 1,428,291
83 3-040 Breathing Apparatus Replacement 286,000
84 3-042 Correction Center - Recreation Yard Enclosure 371,800
85 3-277 Finance Accounting System Replacement 883,000
86 3-976 Fire Training Center Enhancements and Renewal (Partial) 296,000
87 3-982 Camp Pendleton Site Acquisition 1,581,018
88 Total Building Projects Class, $ 16,903,802
89 Parks and Recreation Projects Class:
90 4-950 Neighborhood Park Development $ 269,740
91 4-953 Municipal Golf Course Improvements (On-Going) 93,570
92 4-954 Tennis Court Renovations (On-Going) 58,284
93 4-955 Athletic Fields Upgrading and Lighting 50,000
94 4-959 Golf Course Infrastructure and Equipment (On-Going) 147,772
95 4-964 VBOP Greenways/Scenic Waterways 50,000
96 4-965 VBOP Herftage Resources 75,000
97 4-968 West Neck Creek District Park 500,000
98 4-970 Playgrounds Renovations 175,299
99 4-974 Lynnhaven Boat Ramp and Beach Facility 85,000
100 4-976 Underground Storage Tanks - Golf Courses 18,810
101 Total Parks and Recreation Projects Class: $ 1,523,475
102 Coastal Projects Class:
103 8-014 Lynnhaven Inlet Maintenance Dredging $ 147,238
104 8-077 C@e Sand Replenishment Project 1,105,000
105 8-109 Western Branch Lunnhaven River Dredging 2,028,604
106 8-830 Rudee Inlet Dredging 335,000
107 B-933 Landfill #3 - Expansion 2,167,081
108 Total Coastal Projects Class: $ 5,782,923
109 Economic and Tourism Development Projects Class:
110 9-052 Public Beach Improvement Program (Partial) $ 50,000
ill 9-057 Ocean Walk 120,150
112 9-1 41 Economic Development Investment Program $ 2,078,519
113 9-253 Virginia Beach Higher Education Center 2,879,000
114 9-260 Economic and Tourism Development Partnerships 1,000,000
115 9-704 Beach Erosion Control and Hurricane Protection 6,988,000
116 Total Economic and Tourism Development Projects Class: $ 13,115,669
117 Total Public Improvement Projects Class: $ 77,645.03
118 Water Utility Projects Class:
119 5-002 Sandbfidge Road - Phase 11 $ 100,000
120 5-005 North London Bridge Road 270,000
121 5-050 Reon Drive - 51% Type 50,000
122 5-052 Little Haven - 51% Type 90,000
123 5-090 Lynnhaven Parkway - Phase Xi 340,000
124 5-093 Comprehensive Water Study - Phase III 75,000
125 5-094 Small Line Improvements - Phase III 250,000
126 5-095 Various Highway Projects - Phase III 150,000
127 5-096 Water Request and Agreement Projects - Phase III 200,000
128 5-098 Colony Drive - 51% Type 45,000
129 5-104 Calverton Lane - 51 % Type 30,000
130 5-105 Stumpy Lake Lane - 51 % Type 240,000
131 5-107 Little Neck Point - 51 % Type 1,084,000
132 5-108 Stumpy Lake - 51% Type 231,000
133 5-109 Lagomar - 51 % Type 350,000
134 5-112 Eagles Nest Point - 51 % Type 230,000
135 5-119 Flow Monitoring System 250,000
136 5-124 Tank Upgrade Program 500,000
137 5-125 Utility Customer lnformaton System Upgrade 50,000
138 5-126 Water Quality Program 150,000
139 5-127 Landstown Yard Improvements - Phase 11 100,000
140 5-129 Potable Wells Evaluation Program 200,000
141 5-143 Fire Hydrant Program 150,000
142 5-148 Elbow Road Extended - Water Main 150,000
143 5-149 Indian River Road - Phase VII - Water Main 150,000
144 5-973 First Colonial Road - Phase III 65,000
145 Total Water Utility Projects Class: $ 5,500,000
146 Sewer Utility Projects Class:
147 6-002 Colony Drive $ 100,000
148 6-005 First Colonial Road - Phase III 60,000
149 6-009 Salem Road 'D' 50,000
iso 6-011 Woodland 150,000
151 6-022 Indian River Road/Elbow Road 65,000
152 6-023 Indian River Road South 395,000
153 6-025 Shell Road West 130,000
154 6-033 InfiWaton, Inflow, and Rehabilitation - Phase III 600,000
155 6-034 Pump Station Modifications - Phase III 300,000
ise B-035 Various Highway Projects - Phase III 200,000
157 6-036 Various Sewer Projecs - Phase III 502,734
158 6-040 Lynndale Estates 20,000
159 6-042 Wishart Cover 560,000
160 6-045 International Parkway Sewer Force Main 50,000
161 6-048 Little Haven 180,000
162 6-049 Eagles Nest Point 405,000
163 6-050 Salem Road/Landstown Road 266,000
164 6-054 Utility Customer Information System Upgrade 50,000
165 6-055 Landstown Yard Improvements - Phase 11 100,000
166 6-059 West Neck Creek Golf Course 270,000
167 6-064 Sewer Pump Station Alarm System 26,266
168 6-069 Birdneck Road - Phase 11 515,000
169 6-073 Elbow Road Extended - Force Main (Parbal) 200,000
170 6-931 Sandbridge 3,562,000
171 6-938 Princess Anne Plaza Rehabilitation 500,000
172 6-939 Comprehensive Sewer Study 300,000
173 6-947 Homestead 250,006'
174 6-949 Reon Drive 200,000
175 6-962 Timberlake Force Main 83,000
176 6-972 Alanton 840,000
177 Total Sewer Utility Projects Class: $ 10,930,000
178 Storm Water Utility Projects Class:
179 7-002 Lynnhaven Drive/Long Creek Drainage Canal $ 1,078,826
180 7-020 Various Drainage Improvements 300,000
181 7-114 Princess Anne Plaza Drainage - Phase 11 600,000
182 7-181 Pocahontas Village 406,249
183 7-183 Storm Water Quality Enhancements 100,000
184 7-272 Lake Holly Dredging 1,921,000
185 7-800 Lynnhaven Colony / Cape Story By-The-Sea Drainage 100,000
186 7-902 North Beach Storm Drainage (Partal) 1,000,000
187 7-960 Oceana Gardens West Drainage 56,517
188 Total Storm Water Utility Projects Class: $ 5,562,592
189 Total Utility Projects Class: $ 21,992,592
190 Total Appropriations: $ 991637,627
191 Section 4. That, in accordance with Section 2-196 of the City Code, Financing Sources in
192 support of the Capital Budget for the 1996-97 fiscal year as set forth in said Capital Improvement Program
193 are as follows:
194 Financing Sources:
195 General Appropriations $ 17.526,797
196 Fund Balance 962,556
197 Charter Bonds 44,100,000
198 Water and Sewer Fund 2,500,000
199 Federal Contribution 1,045,902
200 State Contribution 3,613,600
201 Water and Sewer Revenue Bonds 6,960,000
202 Storm Water Ublity Bonds 3,684,940
203 Storm Water Ublity Fund 1,650,000
204 Retained Earnings 5,500,000
205 Lease-Purchase 8,014,375
206 Other 4,079,457
207 Total Financing $ 99,637,627
208 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in
209 accordance with said Capital Improvement Program and reallocated as follows:
210 School Pro*ects Class:
211 Transfer To:
212 1-064 Relocation: Unkhorn Park Elementary School $ 1,734,000
213 1-074 Renovations and Replacements - Various 400,000
214 1-198 Relocation - Seatach Elementary School 300,000
215 Total Transfer To: $ 2,434,DOO
216 Transfer From:
217 1-006 Various Schools Site Acquisiton - Phase 1 $ 2,034,000
218 1-083 Renovations and Replacements - Reroofing 400,000
219 Total Transfer From: $ 2,434,000
220 -Roadway Proiects Class:
221 Transfer To:
222 2-084 Military Highway $ 279,303
223 2-089 Southeastern Parkway and Greenbelt (Parbal) 533,728
224 2-095 Indian River Road - Phase VI 204,930
225 2-122 Gum Swamp Bridge 683,232
226 2-132 London Bridge Road Extended 765,424
227 2-133 Shore Drive Intersections 139,498
228 2-136 International Parkway 548,500
229 2-174 Dozier's Bridge 464,458
230 2-209 Courthouse Loop North - Phase 11 (Parfial) 103,000
231 2-270 Constitution Drive Extended (Parfial) 250,000
232 2-277 Boys'Club / Girls'Club Access 969,825
233 2-285 Traffic Safety Improvements - Phase 11 87,000
234 Total Transfer To: $ 5,028,898
235 Transfer From:
236 2-019 Indian Lakes Boulevard - Phase 1 $ 25,000
237 2-037 Landstown Road $ 100,000
238 2-039 Dam Neck Road - Phase 1 28,669
239 2-040 West Neck Bridge 21,605
240 2-055 London Birdge Road - Phase 1 101,547
241 2-078 Courthouse Loop North - Phase 1 20,946
242 2-080 Indian River Road - Phase V 200,000
243 2-175 Independence Boulevard - Phase IV-B 3,457,096
244 2-212 Laskin Road/Holly Road Intersection 13,817
245 2-279 Kempsville Road/Providence Road Intersection Improvements 499,759
246 2-820 Princess Anne Road - Phase III 50,000
247 2-831 Independence Boulevard - Phase III 183,371
248 2-833 First Colonial Road - Phase III 273,853
249 2-910 General Booth Boulevard - Phase 11 37,512
250 2-936 Ferrell Parkway - Phase IB 15,723
251 Total Transfer From: 5,028,898
252 Buildings Projects Class:
253 Transfer To:
254 3-023 Social Services Building Replacement $ 40,000
255 3-005 Underground Storage Tanks - City 100,000
256 Total Transfer To: $ 140,000
257 Transfer From:
258 3-016 Dredge Operations Relocation $ 40,000
259 2-262 30th Street Entertainment Center 100,000
260 Total Transfer From: $ 140.000
261 Pe ects Class:
262 Transfer To:
263 4-936 Recreation Office and Storage Facility at School Sites $ 72,240
264 4-949 DistdcVCommunity Park Development and Renovations (On-Going) 600,000
265 4-950 Neighborhood Park Development 351,218
266 4-954 Tennis Court Renovations (On-Going) 250,000
267 4-955 Athletic Fields Upgrading and Lighting 250,000
268 4-970 Playgrounds Renovations 200,000
269 4-971 Mount Trashmore Park Renovations 200,000
270 4-972 Red Wing Golf Course Renovation and Expansion (Partial) 396,420
271 Total Transfer To: $ 2,319,878
272 Transfer From:
273 4-809 Rosemont Forest Park $ 96,605
274 4-913 Great Neck Park Development - Phase 1 19,873
275 4-914 Red Wing Golf Course 21,697
276 4-935 Princess Anne Park Expansion - Phased Improvements (Partial) 1,800,000
277 4-939 Neighborhood Parks 6,980
278 4-953 Municipal Golf Course Improvements (On-Going) 374,723
279 Total Transfer From: 2,319.878
280 Coastal Projects Class:
281 Transfer To:
282 8-830 Rudee Inlet Dredging $ 250,000
283 Total Transfer To: $ 250,000
284 Transfer From:
285 8-077 Citywide Sand Replenishment Project 250,000
286 Total Transfer From: 250,000
287 Economic and Tourism Development Pro@ects Class:
288 Transfer To:
289 9-057 Ocean Walk $ 27,000
290 9-260 Economic and Tourism Development Partnerships 326,529
291 Total Transfer To: 353,529
292 Transfer From:
293 9-054 City Gateway Project $ 27,000
294 2-094 Dome Area Development 270,542
295 2-262 30th Street Entertainment Center 55,987
296 Total Transfer From: $ 353,529
297 Storm Water Prowects Class:
298 Transfer To:
299 7-001 Chesapeake Beach/Lake Chubb $ 511,603
300 7-002 Lynnhaven Drive/Long Creek Drainage Canal 521,174
301 7-114 Princess Anne Plaza Drainage - Phase 11 624,000
302 Total Transfer To: $ 1,656,777
303 Transfer From:
304 2-113 NPDES Storm Water System Permit Application $ 17,224
305 2-117 Wolfsnare Ddch 21,928
306 2-172 Queen City Drainage 36,471
307 2-179 Pine Ridge Drainage 68,392
308 2-190 Laurel Manor Drainage 89,486
309 2-223 Pembroke Area BMP 146,202
310 2-823 Salem Canal Improvements 77,920
311 2-817 Chesapeake Beach Drainage 502,693
312 2- 951 Lake Banbury Ouffall 2,461
313 7-183 Storm Water Quality Enhancements 424,000
314 7-800 Lynnhaven Colony / Cape Story By-The-Sea Drainage 100,000
315 7-960 Oceana Gardens West Drainage 170,000
316 Total Transfer From: $ 1,656,777
317 Water and Sewer Utility Proiects Class:
318 Transfer To:
319 5-107 Little Neck Point - 51 % Type $ 1,106,000
320 5-1 1 0 Lake Shores - 51 % Type 640,000
321 5-142 Chloramine Feed Facilities 650,000
322 5-150 Underground Storage Tanks - Water 240,830
323 6-064 Various Sewer Projects - Phase III 1,273,734
324 6-074 Underground Storage Tanks - Sewer 240,830
325 6-948 LynnwoodA4ichasewood 300,000
326 Total Transfer To: $ 4,451,394
327 Transfer From:
328 3-005 Underground Storage Tanks - City $ 481,660
329 5-004 Dam Neck Tank (Partial) 900,000
330 5-006 Dam Neck Road - Phase 11 25,000
331 5-047 Indian River Road - Phase VI 100,000
332 5-065 Nimmo Pump Station (Partial) 100,000
333 @ 17th Street Tank Modifications 10,000
334 5-068 Comprehensive Water Study - Phase 11 300,000
335 5-071 Water Request Agreement Projects - Phase 11 200,000
336 5-073 Indian River Road - Phase V 50,000
337 5-077 Ocean Park Water Line Extensions 55,000
338 5-079 Rosemont Road - Phase IV 10,000
339 5-106 Salem Road "A" - 51 % Type 181,000
340 5-1 11 Avalon Terrace 'A" - 51 % Type 25,000
341 5-120 Military Highway 75,000
342 5-713 Landstown Suction Main 300,000
343 5-968 Control Center Modernization 10,000
344 6-007 Indian River/Hilicrest 140,000
345 6-008 Dozier's Bridge 100,000
346 6-038 Kline Farm Sewer 80,921
347 6-935 Broad Bay Colony 180,000
348 6-940 East Sparrow Road 300,000
349 6-973 Alfriends Trail 10,000
350 6-983 Christopher Farms Sewer 49,094
351 6-986 Hartford Glen 162,985
352 Investment Utility System (Completed Water and Sewer Projects) 605,734
353 Total Transfer From: $ 4,451,394
354 Section 6. That additional appropriations and the addition of capital projects shall not be initiated
355 except with the consent and approval of the City Council first being obtained.
356 Section 7. That the restriction with respect to the expenditure and encumbrance of funds
357 appropriated shall apply only to the cumulative totals of each project class. All contracts awarded for
358 approved and appropriated capital projects, exclusive of school projects, must t>e certfied as to the
359 availaulfty of funds by the Director of Finance prior to the initiation of work on the contract.
360 Section 8. Subject to any applicable restriction of law or of any bonds or bond issue that the City
361 Manager or the Director of Management Services is authorized to approve transfers of appropriation in an
362 amount up to $25,000 between capital projects within a project class as may best meet the needs of the
363 city. The City Manager or the Director of Management Services is hereby authorized to establish and
364 administer the budgeting of Capital Projects consistent with best management practices, reporting
365 requirements and the Capital Improvement Program adopted by the City Council.
366 Section 9. That the City Manager or the Director of Management Services is authorized to change,
367 subject to any applicable restriction of law or of any bonds or bond issue, the Financing Sources for the
368 various capital projects included in this ordinance to reflect effective utilization of the Financing Sources. If
369 the Financing Sources in support of capital projects decline, the City Manager or the Director of Manage-
370 ment Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond
371 issue, those appropriations to equal the changed Funding Source. The City Manager must give prior notice
372 to the City Council of any reductions to total appropriations exceeding $25,000. The notice to City Council
373 shall identify the basis and amount of the appropriation reduction and the Capital Projects affected. The
374 Accounting Records of the city will be maintained in a manner where the total of Financing Sources is equal
375 to the total appropriations for each of the city's capital projects funds.
376 Section 1 0. That the Capital Improvement Program debt management policies contained and
377 included in the Resource Management Plan - Execubve Summary document shall be the policy guidelines
378 of the city and that the City Manager shall annually report on the status of those guidelines and the
379 projected impact of the proposed Capital Improvement Program on those guidelines, such information to
380 be included in the Capital Improvement Program submittal. The City Manager may propose modificabons
381 to those policies and guidelines through the Capital Improvement Program.
382 Section 1 1. That if any part or parts, section or sections, sentences, clauses, phrases of this
383 ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the
384 validity of the remaining portions of this ordinance.
385 Section 12. Violabon of this ordinance shall result in disciplinary action by the City Manger on the
386 person or persons responsible for the capital project category in which the violation occurred.
387 Section 13. That this ordinance shall be in effect from and after the date of its adoption.
388 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of M@a , 1996.
30 -
ORDINANCES ITEM # 40761
Attorney Ken Jeroe, 101 North Lyhnnhaven Road, Phone: 340-4747
Barry Rudiger, 909 Cardinal Road, Phone: 422-6251
Larry LeMasters, 3431 Clover Meadows, Phone: 483-1448
Betty McGargi4 F & W Property Management, Phone: 471- 7007
Barbara O'Daire, Aristocrat Towing, Phone: 461-3709
William O'Daire, Aristocrat Towing, Phone: 461-3709
Kurt Christie, Insurance Agent - Henderson Phillips, appearing at request of his client, Tidewater
Towing.
Bill Higgins, Jack's Wrecker, 5575 Sabre Road, Norfolk
A motion was made by Vice Mayor Sessonw, seconded by Councibnan Branc]4 that City Council ADOPT,
AS AMENDED: Ordinance to AMEND and REORDAIN Sections 21-419, 21-42Z 21-426 and 21 -
429; and ADD Section 21-424 of the Code of the City of Virginia Beach re non-consensual towing of
vehicles fi-om private property. Referring to May 10, 1996, correspondence of the City Attorney: 1. SIGN
(Section 21-422, line 59) b. 7he words 'C4SH ONLY" shall be added @diately after the quoted rate.
2. DROP FEE (Section 21-424, lines 137-140). a. Proposed ordinance retains drop fee of $15.
3.RELEASE (Section 21-422, lines 157-168) a. Ordinance authorizes a police officer to order a car
dropped in case of disturbance of peace. 4. FEE (Section 21-426, fines 182-194) b. $60 shall be the
basic rate, and the prevailing commercial rates shall be charged for vehicles in excess of 11, 000 lbs, with
the Maximum charge being S250, 5. STOK4GE (Section 21-426, fines 202-212) b. 7he weight
limitation shall be lowered to II, 000 lbs. 7his allows a storage fee of $15 for vehicles in excess thereof.
6 ABANDONED VEHICLE (Section 21-426, lines 217-221) b. Authorization shall be given to charge
a fee not exceeding $35 for costs to search for the owner if not redeemed before 72 hours after tow.
7-PROHIBITED ACTS (Seam 21-429, fines 2.49-301) a. 77te proposed ordinance permits towing from
decal-controlkd lots (see lines 272-275) when a decal orpl"ard is not displayed; it also permits towing
from non-decal controlled parking lots upon obtaining the wriuen consent of the owner or agent of the
premises (see lines 276-281). No exceptions are made for condominiwns nor apartment complexes.
A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councibnan Harrison to
ADOPT, AS "ENDED.- Ordinance to "END and REORDAIN Sections 21-419, 21-42Z 21-426
and 21-429; @ ADD Section 21-424 of the Code of the City of Virginia Beach re non-consensual
towing of vehicles from private property. All amendments as referenced in the May 10, 1996,
correspondence with the exception of 4. FEE (Section 21-426, lines 182-194) b. W $70 shall be the
basic rate day or night and no douy fee.
Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W Harrison, Jr. and Harold
Heischober
Council Members Voting Nay:
Linwood 0. Branci4 III, Barbara M. Henley, Louis P. Jones, Mayor Meyera E
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
Nancy K Parker
May 14, 1996
- 31 -
Item IV-J.Z
ORDINANCES ITEM # 40761
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS
AMENDED.
Ordinance to AMEND and REORDAIN Sections 21-419, 21-422,
21-426 and 21-429,, and, ADD Section 21-424 of the Code of the City
of Virg@ Beach re non -consensual towing of vehkies from private
property.
1. SIGN (Secdon 21-422, line 59)
b. 7he words 'C4SH ONLY' shall be added immediately after the
quoted rate.
2. DROP FEE (Section 21-424, lines 137-140).
a. Drop Fee shall be VS W.
3. RELEASE (Section 21-422, lines 157-168)
a. Ordinance authorizes a police officer to order a car dropped in
case of disturbance of peace.
4. FEE (Section 21-426, lines 182-194)
b. $60 shall be the basic rate, and the prevailing commercial rates
shall be charged for vehicles in excess of I 1,000 lbs, with the
Maximum charie 0
5. STORAGE (Section 21-426, lines 202-212)
b. The weight limitation shall be lowered to 11,000 lbs 7hs
allows a storage fee of $15 for vehicles in excess thereof
6 ABANDONED VEHICLE (Section 21-426, fines 217-221)
b. Audwization shall be given to charge a fee not exceeding $35
for costs to search for the owner if not redeemed before 72
hours after tow.
7 PROHIBITED ACTS (Section 21-429, fines 249-301)
a. 7he proposed ordinance permits towing fi-om decal- controlled
lots (see lines 272-275) when a decal or placard is not
displayed, it also permits towing fi-om non-decal controlled
parking lots upon obtaining the written consent of the owner or
agent of the premises (see lines 276-281). No erxeptions are
made for condominiums nor apartment complexes.
Voting: 8-2
Council Members Voang Aye:
John A. Baum, Linwood 0. Brancb, III, William W I-larrison, Jr.,
Barbara M Henley, Louis P- Jones, Mayor Meyera E Oberndorf, Kice
Mayor Wil@m D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean and Harold Heischober
Council Members Absent
Nancy K Parker
May 14, 1996
1
2 AN ORDINANCE TO AMEND AND REORDAIN
3 THE CITY CODE PERTAINING TO THE NON-
4 CONSENSUAL TOWING OF VEHICLES FROM
5 PRIVATE PROPERTY
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 21-419, 21-422, 21-426 and 21-429 of the Code of
10 the City of Virginia Beach, Virginia, are hereby amended and
11 reordained, and Section 21-424 is hereby added, to read as follows:
12 See. 21-419. Definitions.
13 Unless a different meaning is required by the context, the
14 following terms, as used in this division, shall have the meanings
15 hereinafter respectively ascribed to them:
16 Custodian means any person who is in possession and control of
17 a vehicle whether or not such person is the registered owner of the
18 vehicle. A person who is in possession of the ignition key to a
19 vehicle, and who is also in possession of a valid driver's license,
20 shall be deemed to be the "custodian" of such vehicle.
21 Decal-controlledparkingarea means a parking area in which i)arkinct is
22 limited to vehicles on which a decal, sign, Placard or similar
23 authorization issued by the owner, lessee or agent of the Parking
24 area is conspicuously displayed.
25 Operator means any person operating a tow truck for a tow
26 truck service.
27 Tow truck service means a person engaged in any business which
28 provides the services of one or more tow trucks for hire or used to
29 tow, transport or move motor vehicles on or from public streets or
30 on or from private property by way of public streets.
31 Tow truck service storage Yard means any property, including
32 the premises of any service station, upon which vehicles are stored
33 that have been towed from privately owned lots or property at the
34 request of the owner, lessee or agent of such lot or property and
35 without the consent of the owner of the vehicle towed.
36 ...
37 See. 21-422. Signs required on property.
38 (a) Each owner of private property having parking facilities
39 accessible to the public, and offering parking to its customers,
40 clientele, residents, lessees or guests, who intends to enforce
41 parking restrictions by the use of a- tow truck service, shall post,
42 at each point of ingress and egress to the parking area, clearly
43 legible signs, visible and unobstructed day and night upon entering
44 the parking area, containing the following wording:
45 PRIVATE PARKING
46 (name of business, apartment,
47 condominium, motel, hotel,
48 office building, or organization,
49 whichever is applicable)
50 RESIDENTS/CUSTOMERS/CLIENTELE/
51 LESSEES/GUESTS ONLY
52 TOWING ENFORCED
53 (Indicate hours of enforcement)
54 Unauthorized cars towed at owner's expense:
55 (indieate rate eharged.) $ day or night. Cash only.
56 Call 427-5616 for location and information
57 concerning return of car if towed.
58 With resrect to retail establishments, this sign shall also contain
59 the wording "WHILE ON THE PREMISES''- following the wording
60 "CUSTOMERS ONLY." Finally, 'Pthis sign or an accompanying sign @
61 shall else indicate whether the @ parking area is decal-
62 controlled, and shall contain the name and telephone number of the
63 any contracted towing service., if appiieabie.-
64 (b) The signs required by this section shall be at least
65 thirty-six (36) inches in width and thirty (30) inches in height.
66 Lettering for the top eight (8) lines shall be at least three (3)
67 inches in height and, for all other lines, at least one and one-
68 half (1) inches in height. The face of the sign shall be composed
69 of high intensity reflectorized sheeting or like material. The name
70 of the business may be on a separate sign, but must be adjacent to
71 the primary sign containing the information required by this
2
72 section. The provisions of subsection (a) above shall be applicable
73 to any parking area located on Private Property including parking
74 facilities areas of apartment houses, condominiums and nonprofit
75 organizations.
76 (c) In addition to the Provisions of subsections (a) and (b)
77 above, if towing is enforced twentv-four (24) hours a day, the sign
78 or signs required by this section shall include the wording "TOWING
79 ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least four
80 (4) inches in height. In the alternative, an accompanying si=
81 containing this wording in letters at least three (3) inches in
82 height may be Placed adjacent to each sign required by subsection
83 (a) above.
84 @ (d) Vehicles may be towed from designated fire lanes approved
85 by the fire department on private parking areas open to the public
86 on which are posted signs as required by subsection (a) above,
87 provided that such fire lanes are pr-opel-ty Prot)erly marked,
88 including the posting of above grade signs stating FIRE LANE-TOWING
89 ENFORCED.
90 @ (e) It shall be unlawful for any tow truck service or
91 operator to tow or otherwise move a vehicle from any privately
92 owned land or property within the city, unless such land or
93 property is properly signed in accordance with this section.
94
95 Sec. 21-424. ReseL-ved Release of vehicle to owner or custodian
96 prior to towing.
97 (a) If the owner or custodian of any vehicle not authorized
98 to be Parked in a Private Rarking area returns after a tow truck
99 service has arrived but before the vehicle has been towed from the
100 private Parking area, he may reclaim the vehicle whether or not it
101 is fully hooked up to the tow truck, and it shall be unlawful for
102 the tow truck service or operator to refuse to release the vehicle.
103 However, if t e vehicle has been hooked up, or is in the process of
104 being hooked up, the tow truck operator may charge a fee not to
105 exceed fifteen dollars ($15.00) before releasing the vehicle or
106 discontinuing the towing process. The process of hook shall
107 be defined as (i) the removal and/or unreeling of any towing
3
108 equipment from the tow truck after the truck is lpositioned to
109 effect the tow, whether or not the equipment has been attache@
110 the vehicle, or (ii) the lowering of a hydraulically-operated lift
ill in preparation for loading the vehicle.
112 (b) If the owner or custodian is unable or refuses to r)av the
113 fee set forth in subsection (a) above, the vehicle may be towed,
114 and the tow truck service may charge its basic fee for the tow.
115 Whenever a vehicle is towed under these circumstances, the tow
116 truck operator shall Permit the owner or custodian to remove
117 personal items from the vehicle prior to the tow.
118 (c) No tow truck operator shall request payment of the fee
119 set forth in subsection (a) above, or tow any vehicle thereafter if
120 the charge is not paid, unless he shall first provide to the owner
121 or custodian of the vehicle a copy of this section. The tow truck
122 operator, upon receiving such Payment, shall provide to the owner
123 or custodian a legible receipt containing the name of the towing
124 service, the date, time and Place of vehicle release, and the name
125 of the tow truck operator A copy of the receipt shall be retained
126 by the tow truck service for a period of one (1) Year and shall be
127 made available for inspection by city Police or the commissioner of
128 the revenue @uring the normal business hours of the tow truck
129 service.
130 (d) Notwithstanding any Provision of this section to the
131 contrary, if a Police officer determines that a vehicle is needed
132 as evidence in a criminal matter, or concludes that, based upon
133 surrounding circumstances, the failure to release a vehicle is
134 likely to result in a disturbance of the Public peace and good
135 order, such officer mav order release of the vehicle without
136 immediate Payment by the owner or custodian thereof of the fee set
137 fort Drovided. however, that nothing
138 herein shall ce or operator from civiliv
139 pursuing payment of such fee at a later date from the owner or
140 custo m the owner. lessee or aaent of the
141 Parking area.
142 . . .
4
143 See. 21-426. charges for towing and storage of vehicle; receipt
144 required.
145 No tow truck service or operator operating within the
146 city shall charge a basic fee of more than sixty dollars ($60, @
147 at any time, day or night, whether or not a dolly is utilized, to
148 tow any vehicle with a gross weight of 11,000 pounds or less. For
149 vehicles with a gross weight or more than 11.000 Pounds, a tow
150 truck service or operator may charge Prevailing commercial rates
151 not to exceed two hundred and fifty dollars ($250.00). This
152 subsection shall apply only when a vehicle is moved or towed
153 without the prior consent and agreement of the owner or custodian
154 of the vehicle.
155 (b) No tow truck service or operator shall assess any charges
156 for storage for the initial twenty-four (24) hours, nor charge more
157 than ten dollars ($10.00) Per twenty-four hour Period thereafter,
158 for any vehicle with a gross weight of 11,000 pounds or less
159 removed from private property without the consent of the owner or
160 custodian of the vehicle, whether such tow originates in this city
161 or any other Jurisdiction. For vehicles with a gross weight of
162 more than 11,000 pounds, a storage fee not to exceed fifteen
163 dollars ($15.00) per twenty-four hour Period may be assessed after
164 the first twenty-four (241 hours. Delays caused by storage Yard
165 personnel shall not be included when computing storage charges.
166 (c) If any vehicle is not redeemed within seventy-two (72)
167 hours after it is towed, the tow truck service shall be entitled to
168 recover an additional fee, not to exceed thirty-five dollars
169 ($35.00). as payment for the cost of conducting a e
170 registered owner and lienholder, if any, of the vehicle.
171 (d) No tow truck service or operator shall charge any fee for
172 mileage, or any other fee in addition to the basic towing fee set
173 forth in subsection (a) above, when s being taken
174 without the consent of the owner or cu e vehicle.
175 (e) A monetary receipt for each and every fee collected must
176 be given to those persons whose vehicles have been towed by @ .4
177 tow@ truck service, or released after hook up, upon release of
178 the vehicle. The information on the receipt must be clearly legible
5
179 and include the time, date and place of the tow, the name of the
180 tow truck operator who made the tow. and the name of the tow@
181 truck service said operator works @. The receipt must
182 also list the amount of money paid for the release of the vehicle,
183 any additional charges incurred in the tow, and the reason for said
184 additional charges. A copy of the receipt must be retained by the
185 tow@ truck service for a period of one (1) year and shall be made
186 available for inspection by city police or the commissioner of the
187 revenue during normal business hours of the tow truck service
188 owner.
189 . . .
190 sec. 21-429. Miscellaneous prohibited acts by tow truck service
191 or operator.
192 Except when acting as an agent in the legal repossession of a
193 vehicle, it shall be unlawful for any tow truck service or operator
194 to:
195 (1) Tow or otherwise move a vehicle from any area or portion
196 of a public street without either the consent of the
197 owner or custodian of the vehicle or authorization from
198 a police officer or other designated official of the
199 city.
200 (2) Block the movement of or tow or otherwise move a vehicle
201 from any private road, driveway or any other privately
202 owned land or property within the city
203 consent of th emeept
204 upen L-e ep ei--
205 upen wr- owner-, '--sees ei- agent-
206 in shares ef
207 restrietiens shall net apply to any teiiing serviee whieh
208 has entel-ed
209 remove -f-rem eertain preperty,
210 and pl-evided further that there is pested en said
211 preperty the name ai iimbel- of- the eentraeted-
212 tewing serves, as --tien 21 422(@
2 1 3 @ The vehicle i rking space
214 of a decal-controlled Rarkinc[ a displaying
6
2 15 a decal or other form of authorization issued by the
216 owner, lessee or agent of such Parking area;
217 The vehicle is parked in a designated parking space
218 of a non-decal-controlled parking area during any period
219 when the businesses serviced bv the Parking is (are)
220 open, and the tow truck onerator obtains the written
221 consent of the owner, lessee or agent of such parking
222 area Prior to towing the.vehicle; or
223 (iii) The vehicle is parked in a non-decal-controlled
224 parking area during any period when the businesses
225 serviced by the iparking area is (are) closed, and towing
226 is enforced twenty four (24) hours a day by such
227 businesses; or
228 (iv) The vehicle is Rarked on any Portion of a parking
229 area in such manner as to block inaress or ecfress to the
230 i)arkinci area, or to block access to a dumipster or
231 properly-marked service or delivery area, or is otherwise
232 parked in a portion of the parking area that is not
233 specifically designated, by lines, curbs or similar
234 markings, as an area for the Parking of vehicles.
235 No vehicle shall be towed Pursuant to subsections (i)
236 (ii), (iii), or (iv) unless there is a written contract
237 between the tow truck service and the owner, lessee or
238 agent of the Parking area to remove all unauthorized
239 vehicles from the parking area, the tow truck operator
240 has a copy of such contract in his or her possession, and
241 the owner, lessee or agent has complied with all of the
242 signage requirements set forth in section 21-422.
243 (3) Tow or otherwise move a vehicle from any private road or
244 driveway, or from any other privately owned land or
245 property within the city to a place out of the city
246 without the consent of the owner or custodian of the
247 vehicle; provided that, after a period of not less than
248 twenty-four (24) hours following the initial towing of a
249 vehicle, as recorded in the police dispatcher's log, any
7
250 such vehicle may be moved to a storage area outside the
251 city, with prior notif ication to and approval of the
252 police department.
253 (4) Block the faevement et any vehicle, other than when on the
254 property of the tow truck service, to prevent the
255 movement thereof by its owner or custodian who has
256 appeared prior to the vehicle beincf hooked up and desires
257 to move the vehicle.
258 (5) To wait for employment by standing or parking on public
259 property.
260 (6) Drive a tow truck or wrecker along any street to solicit
261 towing.
262 Tow or otherwise move a vehicle from any place in the
263 city utilizing a wrecker or tow truck which is not
264 insured as required by section 18-55.1 of this Code.
265 Provide false information to any police dispatcher
266 concerning any vehicle towed.
267 +S+@ Require the owner of any towed vehicle to wait for a
268 period exceeding two (2) hours for release of a vehicle.
269 Any delay over two (2) hours caused by failure to monitor
270 or respond to calls placed to the operator's designated
271 telephone number shall constitute a violation of this
272 section.
273 +9+@ Move any vehicle to any intermediate place of storage, or
274 to any location other than to the registered secure
275 storage yard of a tow truck service, unless specifically
276 requested by the owner or custodian of said vehicle.
277 @@l Upon request by any owner or custodian of a currently
278 licensed vehicle, deny or prevent access to said vehicle
279 for the purpose of removing personal items, whether or
280 not the owner or custodian is then able to reclaim the
281 vehicle.
282 (12) Assess any charge or fee in excess of, or in addition to,
283 the charges and fees authorized by this division,
8
284 The amendments to section 21-422 (a) and (c) pertaining to
285 signage requirements shall become effective thirty (3o) days after
286 adoption of this Ordinance. All other amendments contained herein
287 shall become effective immediately upon adoption of this Ordinance.
288 Adopted by the City Council of the City of Virginia
289 Beach, Virginia, on this 14th day of May, 1996.
290 CA-6197
291 DATA/ORDIN/PROPOSED/21-419ET.ORD
292 MAY 14, 1996
293 R14
APPROVED AS TO LEGAL
SUFFICIENCY
of Law
9
- 32 -
Item fV-J,3.
ORDINANCES ITEM # 40762
Upon motion by Vice Mayor Sessona, seconded by Councibnan Jones, City Council ADOPTED:
Ordinance to AMEND Chapter 2 of &he Code of the City of Virginia
Beach by ADDING Article XXVII re appointment of the Sheriff as High
Constable; and establishment of the fees to be collected by the High
Constable.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0 Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr and
Louisa M Sirayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
May 14, 1996
1
2 AN ORDINANCE TO AMEND THE CITY CODE
3 BY APPOINTING THE SHERIFF TO SERVE
4 AS THE HIGH CONSTABLE AND
5 ESTABLISHING THE FEES TO BE
6 COLLECTED BY THE HIGH CONSTABLE
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Chapter 2 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained by adding a new Article
11 XXVII to read as follows:
12 ARTICLE XXVII. OFFICE OF THE HIGH CONSTABLE
13 See. 2-462. High constable; appointment.
14 Pursuant to section 20.14 of the Charter, the sheriff is
15 hereby appointed as the high constable and is authorized to
16 designate deputy sheriffs to act on his behalf in carrying out the
17 duties of the high constable as set forth in section 4-463.
18 See. 2-463. Duties of high constable.
19 The high constable shall execute all Processes, warrants,
20 summons and notices issuing from, or returnable to, the general
21 district court.
22 Sec. 2-464. Fees collected by high constable.
23 (a) The fees collected by the high constable shall be the
24 same as those fees set forth in section 14.1-105 of the Code of
25 Virginia, as amended.
26 (b) All such fees shall be deposited into the city treasury
27 for use in the general operation of the city.
28 This ordinance shall become effective July 1, 1996.
29 Adopted by the City Council of the City of Virginia Beach,
30 Virginia, on this 14 day of May 1996.
31 CA-6292
32 DATA/ORDIN/PROPOSED/2-462et.ORD
33 MAY 8 1996
34 R6
APPROVED AS TO CONTENT
h 1. @ Off@.
APPROVED AS TO LEGAL
SUFFICIE@
@partment of Law
33 -
ORDINANCES ITEM # 40763
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED, AS
AMENDED:
Ordinance to AMEND the Code of the City of Virginia Beach by
REPEALING Section 6-8, and ADDING Section 26-3.1 re peddling
on public property in the resort area.
Line 38 shall be amended from the first day of May, to the fifteenth day of April to read:
"..during the period from, and including, dte fn3i day 7f @, the
fifteenth day of April. to and including, the thirtieth day of September of
each year. '
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, lfilliam W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
May 14, 1996
1
2 AN ORDINANCE TO AMEND THE CITY CODE
3 BY REPEALING SECTION 6-8 AND ADDING
4 A NEW SECTION 26-3.1 PERTAINING TO
5 PEDDLING ON PUBLIC PROPERTY IN THE
6 RESORT AREA
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 6-8 of the Code of the City of Virginia Beach is
10 hereby repealed, and Section 26-3.1 is hereby added, to read as
11 follows:
12 See. 6 B. Pei-mit f-eL- sales and seliei:tati--- @--rAwalk ane-l
13 adjaeent area.
14 ?;etwithstanding any athe- k ---------- - exeept as
15 may be permitted by franchise, it sha
16 te sell, selieit, rent, advertise er r any geed--T
17 war-es, f-eed, di-in!E er- any ether- preperty, mei-e@and-'-se,
is eentl-ibutiens, Membership er- supper-tl E3 ny pel-sen,
19 f-IL-fa, asseeiati:en er erganizatien, apen --@e @-ear-dvia3-lt eL- the gL-a@
20 lawn area and sand beaeh adjaeent ther=te, witheut having ebtained
21 a permit se te de frefa the eity Manage. iie sueh permit sha!3: be-
22 issued unless the eity manager shall determine the felieiiing:
23 (1) That any sueh selieitatien, saie er- event %i
24 the ealtul-al: and eivie betterment ef the eitizens ef the-
25 eity;
26 (2) That the applicant is a duty ineerperated greap,
27 .tien er erganizatien under- ,;hose spa
28 eentrel :the selieitatien, sale ei- event she]:! ta!Ee plaee;
29
30 (9) That the publie health er safety Hill net be adversely
31 affeeted,
32 Sec. 26-3.1 Peddling on Public property in the resort area.
33 (a) Notwithstanding any Provision of this code to the
34 contrary, it shall be unlawful for any Person to sell or offer for
35 sale, rent or offer for rent, any goods, wares, merchandise,
36 foodstuffs, refreshments or other kinds of Property or services
37 whatsoever on any public Property in the "resort area" during the
38 iaeriod from, and including, the fifteenth day of Ai3ril, to and
39 including, the thirtieth day of SePtember of each year-
40 (b) The restriction set forth in subsection (a) , above, shall
41 not be applicable to:
42 (1) special events conducted Pursuant to a permit granted
43 under 4-1 of this code,
44 (2) Events conducted Pursuant to the city's contract for
45 general entertainment and major events:
46 (3) Duly-licensed or Permitted concessions granted pursuant
47 to a competitive Procurement process;
48 (4) Franchises granted in accordance with sections 15.1-307
49 et seg. of the Code of Virginia;
50 (5) The sale, or offer for sale, of publications of cfeneral
51 circulation.
52 (c) For Purposes of this section, the following terms shall
53 have the meanings respectively ascribed to them:
54 (1) Public property shall include, without limitation, the
55 boardwalk, the grassy area adjacent thereto, streets,
56 alleys, sidewalks, bicycle Paths, Parks, the beach, city-
57 owned or operated facilities, and other Public Places.
58 (2) Publication of general circulation shall mean a
59 publication which is Published at regular intervals
60 primarily for the dissemination of news. intelligence and
61 opinions on recent events or newsworthy items of a
62 general ilable to the general
63 Public.
64 (3) Resort area shall mean the area bordered on the north bv
65 the northernmost curb Street. on the east by
66 the mean low water line of the Atlantic Ocean, on the
67 south bv Rudee Inlet, and on.the west bv the imaginary
68 line running north to south, fifteen (15) feet to the
69 west of the westernmost curb line of Pacific Avenue.
70 Adopted by the City Council of the City of Virginia Beach on
71 this -14 day of May 1996.
72 CA-6302
73 DATA/ORDIN/PROPOSED/26-3ETC.ORD
74 MAY 15, 1996
75 R-8
2
- 34 -
Item IV-.L5
ORDINANCES ITEM # 40764
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to authorize the City Manager to submit the City's 1996-1997
Annual Funding Plan and applicable amendments to the U.S.
Department of Housing and Urban Development (HUD) for review,
approval and funding re support of Coninsunity Development and
Housing activities.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, Robert K. Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Trice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent,-
Nancy K Parker
May 14, 1996
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL
2 FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
3 DEVELOPMENT
4 WHEREAS, the United States Congress has established legislation
5 designated as the Housing and Community Development Act of 1974 setting forth as
6 a national goal the development of viable urban communities; and
7 WHEREAS, there is federal assistance available for the support of
8 Community Development and Housing activities directed toward specific objectives
9 such as the elimination of deteriorated conditions in low and moderate income
10 neighborhoods; the elimination of conditions which are detrimental to health, safety
1 1 and welfare; the conservation and expansion of the City's housing stock; the
1 2 expansion and improvement of the quantity and quality of community services; and
1 3 other related activities; and
14 WHEREAS, the City of Virginia Beach has developed an Annual Funding
1 5 Plan and has structured the necessary mechanisms for its implementation in
1 6 compliance with federal and local directives;
1 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
1 8 OF VIRGINIA BEACH, VIRGINIA:
1 9 That the City Manager is hereby authorized and directed as the chief
20 executive and administrative officer of the City to submit the Annual Funding Plan
21 and amendments thereto and all understandings and assurances contained therein,
22 and to provide such additional information as may be required to the Department of
23 Housing and Urban Development to permit the review, approval, and funding of the
24 City's 1996-1997 Annual Funding Plan.
25 Adopted by the Council of the City of Virginia Beach, Virginia on this
26 14 day of May , 1996.
27 APPROVED AS TO CONTENT: APPROVED AS TO FORM:
28
29 drew Frioman, Director City Attorney
30 tpartment of'Housing and
31 Neighborhood Preservation APPROVED AS TO CONTEN,
- 35 -
Item IV-J.6
ORDINANCES ITEM # 40765
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to renew the permit of OCEANFRONT WATERSPORTS,
INC. to conduct a personal watercraft rental operation at the Oceanfront
for a final five-month term, from 1 May 1996 to 30 September 1996.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K- Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. 5essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
May 14, 1996
1 AN ORDINANCE TO RENEW THE PERMIT OF
2 OCEANFRONT WATERSPORTS, INC., TO
3 CONDUCT A PERSONAL WATERCRAFT RENTAL
4 OPERATION AT THE OCEANFRONT
5 WHEREAS, in January of 1989, City Council adopted an
6 ordinance authorizing the City Manager to grant permits/licenses
7 and enter into agreements f or the implementation of concepts in the
8 Resort Area identified by City staff as providing additional
9 revenues and being consistent with the City's goal of enhancing the
10 festive atmosphere in the Resort Area;
11 WHEREAS, pursuant to this authorization, City staff
12 developed and advertised a Request for Proposals (RFP) for a permit
13 to conduct a personal watercraft (i.e., jet ski) rental operation
14 on the oceanfront at 31st Street;
15 WHEREAS, as a result of the RFP process, a permit was
16 granted to Oceanfront Watersports, Inc., and the City entered into
17 a Permit Agreement (the "Agreement") with oceanfront Watersports,
18 dated May 29, 1992;
19 WHEREAS, the initial term of the permit was for five (5)
20 months from May 1, 1992, to September 30, 1992;
21 WHEREAS, the Agreement provides that the permit may be
22 renewed for four (4) additional five-month terms, subject to
23 approval by City Council;
24 WHEREAS, by ordinances adopted January 26, 1993, March 8,
25 1994, and May 9, 1995, respectively, City Council renewed the
26 permit of Oceanfront Watersports, Inc., subject to the terms and
27 conditions set forth in the original Agreement;
28 WHEREAS, Oceanfront Watersports, Inc., has requested a
29 fourth and final renewal of its permit for the period May 1, 1996,
30 to September 30, 1996; and
31 WHEREAS, the Department of Convention and visitor
32 Development, which is responsible for oversight of the operation,
33 has reported that Oceanfront Watersports, Inc., conducted a safe
34 and successful operation during the 1995 summer season, and has
35 recommended that the permit be renewed for a final five-month term.
36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
37 OF VIRGINIA BEACH, VIRGINIA:
38 That the permit of Oceanfront Watersports, Inc., to
39 conduct a personal watercraft rental operation on the oceanfront at
40 31st Street is hereby renewed for a final term of five (5) months
41 from May 1, 1996, to September 30, 1996, subject to the terms and
42 conditions set forth in the Permit Agreement dated May 29, 1992.
43 Adopted by the Council of the City of Virginia Beach,
44 Virginia, on the 14 day of 1996.
45 CA-6311
46 ORDIN\NONCODE\WATERSPT.ORD
47 R-1
48 PREPARED: 05/07/96
AF@OVED AS TO CONTENT
,tlofivention & V@r D@eloprnent
APPROVED AS TO LEGAL
SUFFIC
enuof Law
2
- 36 -
Item IV-K
PUBLIC HEARING ITEM # 40766
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HFARING on:
PLANNING
1. VIRGINIA BEACH/SOUTH PARKING, L.L.C.. STREET CLOSURE
2. MARK SUMMS CONDITIONAL USE PERMIT
3. THE SALVATION ARMY ARC CONDITIONAL USE PERMIT
4. AUTO LAND CONDITIONAL USE PERMIT
5. BETTY D. STEWART VARIANCE
CHANGE OF ZONING
May 14, 1996
- 37 -
Item IV-K I.
PUBLIC HEARING ITEM # 40767
PLANNING
The following represented the applicant:
Rick Matthews, 192 Ballard Court, Phone: 490-3000, represented the applicant
Douglas B. Ellis, President, Ellis Gibson Development Group, 207 Business Park Drive, Suite 101, Phone:
497-7700
Burrell Saunders, CMSS Architects, displayed the proposed structure
Upon motion by Councilman Branch, seconded by Councilman Jones, City Council AUTHORIZED
FINAL APPROVAL OF the application of VIRGINIA BEACHISOUTH PARKING, L.L.C for the
discontinuance, closure and abandonment of a portion of 8th Street AND, ADOPTED an Ordinance to
authorize the City Manager to execute a lease re public parking spaces in the parking garage to be
constructed between 8th and 9th Streets. (AS AMENDED in correspondence of May 14, 1996, which is
hereby made a part of the proceedings.)
Ordinance upon application of Virginia Beach/South Parking, L.L.C for
the discontinuance, closure and abandonment of a portion of 8th Street
between Atlantic Avenue and Pacific Avenue. Said parcel is variable in
width and contains 22,738 square feet. VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
1. The City Attorney's Office shall make the final determination
regarding ownership of the underlying fee. I'he purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures " approved by City CounciL
Copies of the policy are available in the Planning Department.
Payment of the purchase price will be made within thirty (30)
days following the construction and completion of the parking
garage and approval by the City for public parking use.
2. The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into the
adjoining parcel and ensure that no parcel is left without direct
access to a public right-of-way.
3. The proposed parking garage on the block adjacent to the
North side of 8th Street will be constructed and completed in
accordance with all applicable laws, regulations and standards
and approved by the City for public parking use.
4. Private surface parking improvements on the combined 8th
Street parcel and the property adjacent to the South side of 8th
Street will be constructed and completed in accordance with all
applicable laws, regulations and standards and approved by the
City for private surface parking use
5. All agreements between the City, the applicant and the
landowner(s), or any of them@ participating in the proposed
publiclprivate development project will be finalized, executed
and, if required, recorded in the Circuit Court Clerk'Y Office.
6 The applicant and the landowner(s) will cooperate with the City
to establish one or more appropriate turn -offs to serve public
transportation needs. A portion of 8th Street shall be retained,
at the City's discretion, as public right-of-way for this
purpose.
May 14, 1996
- 38 -
PUBLIC HFARING ITEM # 40767 (Continued)
PLANNING
7 An easement salisfactory to Public Utilities is required over the
existing water line.
8. An easement satisfactory to Virginia Natural Gas is required
over the existing gas main.
9. The applicant is responsible for determining if any other private
utilities are located within the area proposed for closure and
for working with the private utility companies to provide any
necessary easements.
10. Closure of the right-of-way shall be contingent upon
compliance with the above-stated conditions within eighteen
(18) months of the approval by City Council (See Reverter
Clause).
Voting: 8-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Branc,% III, Robert K Dean, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E
Oberndorf and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr. and ;rice Mayor William I). @ssoms, Jr.
Council Members Absent:
Nancy K Parker
Councilman Branch DISCLOSED Pursuant to Section 2.1639.14(G), Code of Virginia, he has an
ownership interest in property, which is in the vicinity of the subject property, and a leasehold interest
in property which is adjacent to the subject property; however, the City Attorney has advised he is able
to participate in the transaction fairly, objectively, and in the public interest. Councilman Branch's letter
is hereby made a part of the record.
Councilman Harrison ABSTAINED as his law firm represents the applicant.
Vice Mayor Sessoms ABSTAINED as Central Fidelity Bank does business with one of the @owners.
May 14, 1996
ORDINANCE NO.:
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
THAT PORTION OF 8th STREET AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, "EXHIBIT SHOWING A PORTION OF 8TH STREET
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIAN DATED
FEBRUARY 27, 1996, ATTACHED HERETO AM MADE PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has been
given by VB/South Parking, L. L. C., a Virginia limited liability
company (the "Applicant"), that it would apply to the Council of
the City of Virginia Beach, Virginia (the "City Council") , on March
26, 1996, to have the hereinafter described portion of a street
(hereinafter referred to as the "Closed Street") discontinued,
closed, and vacated; and
WHEREAS, the City Council recognizes that there is a lack of
public parking in the Virginia Beach Borough (the "Borough") of the
City of Virginia Beach (the "City"); and
WHEREAS, the Applicant intends to develop a parking garage
(the "Parking Garage") in the Borough on the property north of and
adjacent to the Closed Street; and
WHEREAS, the number of public parking spaces provided by the
Parking Garage will be much greater than the number of parking
spaces eliminated by the vacation of the Closed Street; and
WHEREAS, the Applicant and the adjacent property owner have
agreed that the failure of the Applicant and/or the adjacent
property owner comply with the terms set forth in the Declaration
of Conditions, Restrictions and Reverter attached to this Ordinance
shall cause a reversion of the title of the Closed Street to the
City; and
WHEREAS, it is the judgment of the City Council that the
Closed Street be discontinued, closed, and vacated.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described portion of a street be
discontinued, closed, and vacated:
ALL THAT portion of a street designated as "8TH STREET
80' R/W 0.522 ACRES" on that certain plat entitled
"EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH
VIRGINIA BEACH, VIRGINIA" dated February 27, 1996,
attached hereto and made apart hereof.
SECTION II
The discontinuance, closure and vacation of the Closed Street
is conditioned upon the execution and recordation of an agreement
substantially in the form Of the attached Declaration of
Conditions, Restrictions and Reverter (the 'Declarationn) within
thirty days from the date of adoption of this Ordinance. The City
Manager or his designee is hereby authorized and directed to
execute the Declaration on behalf of the city.
SECTION III
The City and the public at large shall continue to have until
October 1, 1996, the right to use the area of the Closed Street in
the same manner and to the same extent as such rights existed on
the date of adoption of this Ordinance.
SECTION IV
Nothing contained in this ordinance shall prevent the passing
of title to the Closed Street upon the recordation of this
Ordinance.
SECTION V
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
Virginia, indexed in the name of the City of Virginia Beach, as
Grantor and Grantee.
SECTION VI
ADOPTED bv the City council of the City of Virginia Beach,
Virginia, this 14th day of May, 1996.
APP NTENTS
AUTHORIZED FINAL APPROVAL
.4,P@P@\'C'D AS TO LEGAL
U F;Ci@NC@ AND FCRM
IK
OPIN: CITY AT-OR Ey
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
2 EXECUTE A LEASE WITH VB/SOUTH PARKING, L.L.C.,
3 FOR PUBLIC PARKING SPACES IN THE PARKING
4 GARAGE TO BE CONSTRUCTED AT 9TH STREET
5
6 WHEREAS, the Department of Economic Development has
7 received a proposal from VB/SOUTH PARKING, L.L.C., to develop a
8 multi-purpose parking garage (the "Parking Garage") on property
9 located between 8th and 9th Streets and Atlantic and Pacific
10 Avenues; and
11 WHEREAS, construction of a parking garage at 9th Street
12 is consistent with the key objectives of the Oceanfront Resort Area
13 Concept Plan; and
14 WHEREAS, the Department of Economic Development
15 recommends that City Council authorize the lease of approximately
16 610 parking spaces in the Parking Garage from VB/SOUTH PARKING,
17 L.L.C., for public parking on a first come, first served basis.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 That the Lease between VB/SOUTH PARKING, L.L.C, and the
21 City of Virginia Beach is hereby approved and that the City Manager
22 be and hereby is authorized to sign and execute same on behalf of
23 the City of Virginia Beach in substantially the form attached
24 hereto.
25 Adopted by the City Council of the City of Virginia Beach
26 on this 14 day of May 1996.
27 CA-6312
28 ORDIN\NONCODE\CA6160.ORD
29 DATE PREPARED: May 8, 1996
APPROVED AS TO CONTENT
DEPARTMENTOFECONOMIC
DEVELOPMENT
APPROVED AS TO LEGAL
SUFFICEENCY
@k
DEPARTMENT OF LAW
VDor
ATLANTIC AVE. 101
80' R/W
S 13',39'15N E 80.97'
II (S 6-47-50- E)
GPIN 2427-23-6816-0000
(D
GPIN 2427-23-6816-0000
IP co
r, 0
@ in 1: @
C,4 LO
C,4
GPIN 2427 24-4096-0000 GPIN 2427-23-6816-0000
N\F N\F
BURLAGE ASSOCIATES BURLAGE ASSOCIATES
DB 2798, PG. 1242 9
(M.E3. 1, P.G. 20) LLJ DB 2400, PG. 615
I (M.B. 161, P.G. 32)
0) 0)0
C,4 0
too GPIN 2427-23-5815-0000
0 C)
OC)
z
GPIN 2427-23-4857-0000
GPIN 2427-23-4824-0000
S 59'03', w 120. on w)
3i Pi IFI AVE '07'30* W
VAR. R/W 7.76'
42.5' 194+00 49'
+75.87 +96.00
CONST AVE.
CENTERLINE P.I. 10+00 8TH STREET
EXHIBIT SHONNG
A PORTION OF 8TH STREET
TO BE CLOSED AND VACATED
AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH BOROUGH
LEGEND \4RGINIA BEACH, \ARGINIA
LOT HUMSO
0 DR&L HOLE FOUND
---- PROPERTY UNE
PATTOW NM= MM @IATLI, PC
R.O.W. 4542 @ I"
PHRIA 23461
AREA TO OE CLOSED A Professional Corporation (a*4) FAX (W4) 497@
Enginsers,Surveyors,Planners and Landscape Architects
0 MONUMENT FND. Fairfax, Va./BMgewatoi, Va.@burg. Va./Virginia Beach. Va.@tply, Va./W=h"ior. Va.
Pro].No.: Date: Scalo:=50, JAC(D File: Drawn/Chockid
9421-1-0 1 02127196 1 to Bthplat I JLSIWPC
@or
ATLAN11C AVE.
80# R/W
s 13*39*15* E 80.97'
6*47 50* E)
427-23-6816-Dooo
- (D
i- GPIN 2427-23-6816-oooo
LO
C%i
C4
GPIN 2427-24-4096-0000
N\F GPIN 2427-23-6816-OOOC)
BURLAGE ASSOCIATES N\F
DB 2798. PG. 1242 BURLAGE ASSOCIATES
(M.B. 1. P.G. 20) DB 2400. PG. 615
(M.B. 161, P.G. 32)
clq C,4
'Colo GPIN 2427-23-5815-0000
O@
z V) z
GPIN 2427-23-4857-0000
-23-4824-0000
S 59'0 W) (D
f 7'30* W
VAR. .76'
42.5# 194+(
+75.87 49'
+96.00
CON@
CENTERLINE C AVE.
P-1, 10+ 8TH STREET
EXHIBIT SHOMNG
A PORTION OF aTH STREET
TO BE CLOSED AND VACATED
AS A PUBLIC RIGHT-OF-WAY
'ARGINIA BEACH BOROUGH
LEGEND \4RGINIA BEACH, VARGINIA
LOT NUMKR .1367
0 DRILL mu FouND
---- PROPERTY UNE
R.O.W. A PC
EM p'T
4"2
AREA TO BE CLOSED aO4)
MONUMEM F'ND. and Landscape Architects
rroj.fvo.: 0010: /Vlr@ Be@' V'O,/bmt*- Va.lWmclwoior. Va.
9421-1-0 Dr wn/Chock4d
LESLIE L LILLEY NIUNICIPAL @E',
CITY A"ORNEY VIRGINIA BEACH VIRGit4lA 23456
(804) 427
FAX (604@ 426 SE@-
TDO (804) 427 -@
Return Address:
City AttoMey Amex, Bldg. 20
Mu@cipal Center
Virginia Beach, VA 23456
FAX (804) 563-1167
May 14, 1996
Re: 8th Street Closure
Dear Mayor Oberndorf and Members of Council
The Applicant for closure of 8th Street has requested that Council's action today serve
as a final closure of the 8th Street parcel. Normally, Council considers street closures on a
preliminary basis for the purpose of setting conditions for the closure and the matter returns to
Council for final closure upon satisfaction of the conditions.
This street closure is an integral part of the development agreement between the
Applicant and the owner of the adjacent property for construction of the parking garage, a lease
for which is also on today's agenda for your consideration. The Applicant has requested final
action today due to the sensitive and tight time schedule which it must meet in placing its order
for materials, for reasons associated with the financing of the parking garage and to meet its
contractual obligations with the owner of the adjacent property.
Council can be assured that the conditions for this street closure which would otherwise
have been set upon a preliminary consideration will be fulfilled by the Applicant and/or the
owner of the adjacent property by reason of the reversion provisions set forth in the Declaration
of Conditions, Restrictions and Reverter attached to the Ordinance, the most significant of which
is that title to the 8th Street parcel will revert to the City if the parking garage is not built in a
timely fashion.
-2- May 14, 1996
Finally, this abbreviated procedure will meet all legal requirements for street closures.
The Applicant or its counsel will be prepared to address the reasons behind this request
for an abbreviated procedure.
Yours very truly,
Leslie L. Lilley
City Attorney
LLL/MHN/mmh
cc: Charles M. Saild
@or
ATLANTIC AVE. 101
80' R/W
s 13439'150 E ao.97'
E)
427-23-6816-0000
- (D
@ GPIN 2427-2,3-6816-0000
GPIN 2427-24-4096-
N\F GPIN 2427-23-6816-0000
BURLAGE ASSOCIATES N\F
Da 2798, PG. 1242 BURLACE ASSOCIATES
(M-8- 1. P.G. 20) Da 2400, PG. 615
0) (M.B. 161, P.G. 32)
CN
GPIN 2427-23-5815-0000
GPIN 2427-23-4857-0000
-23-4824-0000
S 59'03' t 16-57'29"[% 120.29' W)
PACIFI AVE 7'30* W
42.5' 194+00 9 0
+75.87
+96.00
CONSTR
CENTERLINE AVE.
EXHIBIT SHOMNG
A PORTION OF BTH STREET
TO BE CLOSED AND VACATED
AS A PUBLIC RIGHT-OF-WAY
EGEND VIRGINIA BEACH BOROUGH
VIRGINIA BEACH, \ARGINIA
LOT NUMBER
0 DRILL HOLE FOUND
---- PROPERTY UNE
R.O.W. PA" PC
EM AREA TO 13E CLOSED tion aD4)!7=
13 MONUMENT FND. ors?Plonners and Landscape Architects
Proi.N V"/L"Sburg' Va'/'Arglnla Beach- VO-fChantilly, va.lwulcho.ter, Va.
9421- 02127196 DrowA/C-hockid
DECLARATION OF CONDITIONS, RESTRICTIONS AND REVERTER
THIS DECLARATION OF CONDITIONS, RESTRICTIONS AND REVERTER is
made this 14th day of May, 1996, by and Imong VB/SOUTH PARKING
L.L.C:, a Virginia limited liability company (f'VB/South" and fo@
indexing purposes, a "Grantor"); BURLAGE ASSOCIATES, a Virginia
general partnership, ("Burlagell and for indexing purposes, a
"Grantor") ; and the CITY OF VIRGINIA BEACH;,, a municipal corporation
of the Commonwealth of Virginia, (the City" and for indexing
purposes, the "Grantee").
WHEREAS, by ordinance No. adopted by the City
council of the City ("City cou 14, 1996, a true copy
of which is intended to be rec tely prior hereto (the
"Ordinance") , the following described portion of 8th Street was
discontinued, closed and vacated (the "Closed Street,,):
ALL THAT portion of a street designated as 118TH STREET
80' R/W 0.522 ACRES" on that certain plat entitled
"EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH
VIRGINIA BEACH, VIRGINIA" dated February 27, 1996,
attached hereto and made apart hereof.
WHEREAS, the execution and recordation of this Declaration is
a condition of the Ordinance; and
WHEREAS, upon the discontinuance, closure and vacation of the
Closed Street, title thereto vests in Burlage.
NOW, THEREFORE, WITNESSETH: That for and in consideration of
the discontinuance, closure and vacation of the Closed Street and
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, VB/South, Burlage and the City do
hereby agree as follows:
1. The City Attorney's Office shall make the final
determination regarding ownership of the underlying fee to the
Closed Street. The purchase price to be paid to the City for the
Closed Street shall be determined by the city on or before June 15,
1996, according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures", approved by City
Council. Payment of the purchase price will be made by Burlage
within 30 days following the construction and completion of the
parking garage (the "Parking Garage") to be constructed by the
VB/South on the property north of and adjacent to the Closed Street
and the approval of the Parking Garage by the City for public
parking use.
2. The property to the South and adjacent to the Closed
Street shall be resubdivided to vacate internal lot lines and
incorporate the area of the Closed Street into such adjoining
parcel in accordance with the Subdivision Ordinances of the City
with no other conditions or Proffers. No structure shall be
constructed on the Closed Street until the resubdivision plat has
been approved by the City and recorded.
3. The Parking Garage will be constructed and completed in
accordance with all approved plans and permits on or before
November 14, 1997.
4. After October 1, 1996, Buriage may install bollards at
the ends of the Closed street to prevent its use by the general
public and Burlage may stripe and use the Closed Street for private
parking purposes and, after satisfying the provisions of paragraph
2 subject to the provisions of paragraph 9 hereof, for any other
permitted use in accordance with all applicable approved plans and
permits.
5. VB/South shall cooperate with the City to develop
appropriate turn-offs to serve public transportation needs.
6. An easement satisfactory to Public Utilities Department
of the City is required over the existing water line in the Closed
Street subject to the right of Burlage, at its expense, to relocate
the water line and easement to another location reasonably
acceptable to the City at the northernmost portion of the Closed
Street-
7. An easement to Virginia Natural Gas is required over the
existing gas main in the Closed Street subject to the right of
Burlage, at its reasonable expense, to relocate the gas line and
easement at the northernmost portion of the Closed Street.
8. VB/South is responsible for determining whether any other
private utility facilities are located within the Closed Street and
if any are found, Burlage shall work with the private utility
to provide easements for the maintenance of such
companies
facilities subject to the right of the landowner, at its reasonable
expense, to relocate the facilities and easements at the
northernmost portion of the Closed Street.
9. The following uses of the Closed Street are prohibited
and Burlage shall execute and record an instrument, satisfactory to
the City Attornev containing covenants and restrictions running
with the title to @he Closed @treet and for the benefit of the City
prohibiting the use of the area of the Closed Street for the
following uses: adult book stores, freestanding grocery stores,
freestanding carry-out food stores (the primary purpose of which is
to serve prepared food for off premises consumption) freestanding
convenient stores, gasoline service stations, automobile repair
establishments, car wash facilities, motor vehicle sales, funeral
homes, flea markets and drive through facilities (facilities
designed to provide access to products and/or services for
customers remaining in or at their motor vehicles). The intent of
2
these restrictions is to prohibit certain freestanding uses wheire
"freestanding- means the use is contained in a building which
(i) separate, apart and unconnected to another building or (ii)
contains no other separate use. It is not the intent of these
restrictions to prohibit large scale quality development which
would incorporate the Closed Street. These restrictions apply only
to the Closed Street and not to any other property with which i-t
may be combined.
10. In the event VB/South and/or Burlage fails to Comply with
any of the provisions of paragraphs 1, 3, 6 and 9 hereof, in a
manner satisfactory to the City Council, on or before December 14,
1997, the fee simple title to the Closed Street shall revert to the
City without further action by any person and the Ordinance shall
thereafter be deemed null and void as of the date of its adoption:
11. Notwithstanding paragraph 10 above, VB/South, Burlage and
the City agree to execute and record an instruments on or before
December 14, 1997, either in the form of Exhibit A attached hereto
which releases the reversionary provisions of this Declaration in
the event of satisfaction of all of the provisions of naragraphs 1,
3, 6 and 9 hereof or in the form of Exhibit B which-confirms the
reversion to the City of the fee simple title to the Closed Street
in the event any of the provisions of paragraphs 1, 3, 6 and 9
hereof are not satisfied.
12. This Declaration is for the benefit of the City and upon
the failure of VB/South and/or Burlage to comply with any provision
of this Declaration, the City shall be entitled to obtain
injunctive relief specific Derformance and seek any other remedy
available to the @ity in Law'or in Equity. This Declaration shall
run with the title to the Closed Street and shall be binding upon
the parties hereto and their respective successors in title.
IN WITNESS WHEREOF, the parties have caused this Declaration
to be executed by their respective duly authorized representatives.
VB/SOUTH PARKING, L.L.C.
By
Manager
BURLAGE ASSOCIATES
BY
General Partner
3
By
eneral partner
CITY OF VIRGINIA BEACH
"Y
lty Manager
Attest:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
whose name is signed to the foregoing i
the 14th day of May, 1996, as Manager o
C., has acknowledged the same before
aforesaid.
GIVEN under my hand and seal this-day of
1996.
i)iorary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
and , whose n
foret,@@ii@ @ii5cz-ument bearing date on the
General Partners of Burlage Associates, I
before me in my City and State aforesaid
GIVEN under my hand and seal this day of
1996.
@,u@a.LY PUDIIC
My Commission Expires:
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
and whose n
fore te on the
City espectivel,
Beac same beforf
afor
GIVEN under my hand and seal this day of
1996.
otary Public
My Commission Expires:
5
@or
ATLANTIC AVE. lo,
80' R/W
80.97'
E)
427-23-BaIB-Oooo
(D
@ GPIN 2427-2.3-C)816-0000
GPIN 2427-24-40c
N\F GPIN 2427-23-6816-0000
BURLAGE ASSOC@
DB 2798. PC;. I N\F
(M.B. 1. P.G. BURLAGE ASSOCIATES
[)B 2400, PG. 615
(M.S. 161. P.G. 32)
C)
GPIN 2427-23-5815-OoQo
427-23-4857-oooo
427-23-4824-0000
S 59*03'46N-E 16057'290 W 120.29'
30.24' 50- W)
PACIFI AVE
VAR. 36*07'30* W
27.76-
42.50
+75.87 194+00 9 00
O@N S +96.00
CEN RLINE P.I. I O+
EXHIBIT SHOMNG
A PORTION OF BTH STREET
TO BE CLOSED AND VACATED
AS A PUBLIC RIGHT-OF-WAY
EGEND VIRGINIA BEACH BOROUGH
LOT NumKR ARGINIA BEACHO ARGINIA 0.
0 DRILL Hoa F-OLWO
---- PROPERTY UNE
R.o.w. A@
em ARFA To BE CLOSED 2 PC
004) !YM
El MONUMENT FHO. nd LandscaPe Archliscis
Beoch. VO-/Chantilly, vcp./wincho.,,
EXHIBIT A
RELEASE OF REVERTER
THIS RELEASE OF REVERTER is made this _ day of
' 199_, by and among the CITY OF VIRGINIA BEACH,
a municipal corporation of the Commonwealth of Virginia, (the
"City" and for indexing purposes, the "Grantor"); VB/SOUTH
PARKING, L.L.C., a Virginia limited liability company (IIVB/South"
and for indexing purposes, a "Grantee"); and BURLAGE ASSOCIATES,
a Virginia general partnership, ("Burlagell and for indexing
purposes, a "Grantee").
WHEREAS, by Ordinance No. adopted by the
City Council of the City ("City Council") on May 14, 1996, (the
"Ordinance"), the following described portion of 8th Street was
discontinued, closed and vacated (the "Closed Street'')-
ALL THAT portion of a street designated as 118TH STREET
80' R/W 0.522 ACRES" on that certain plat entitled
"EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED
AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH
BOROUGH VIRGINIA BEACH, VIRGINIA" dated February 27,
1996, attached hereto and made apart hereof.
WHEREAS, in connection with the vacation of the Closed
Street, the parties executed and recorded a Declaration of
Conditions, Restrictions and Reverter (the "Declaration") in the
Office of the Clerk of the Circuit Court of the City of Virginia
Beach in Deed Book at Page _; and
WHEREAS, the Declaration provides that the title to the
Closed Street will revert to the City in the event that VB/South
and/or Burlage fails to comply with certain provisions of the
Declaration; and
WHEREAS, the parties wish to confirm that VB/South and
Burlage have complied with all of the provisions of the
Declaration which could have resulted in the reversion of the
Title to the Closed Street.
NOW, THEREFORE, WITNESSETH: That for and in consideration
of the ten dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the City, VB/South and Burlage do hereby agree as
follows:
1. VB/South and Burlage have complied with all of the
provisions of the Declaration which, absent such compliance,
would result in the reversion of the Title to the Closed Street
to the City.
2. The City hereby releases unto Burlage all of the City's
claims upon the Closed Street including, but not limited to, the
City's rights under the provisions of the Declaration which would
cause the title to the Closed Street to revert to the City.
IN WITNESS WHEREOF, the parties have caused this Release of
Reverter to be executed by their respective duly authorized
representatives.
VB/SOUTH PARKING, L.L.C.
By
anager
BURLAGE ASSOCIATES
BY
eneral Partner
B
General partner
CITY OF VIRGINIA BEACH
By
1-ty Manager
Attest:
Ity Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
whose name is signed to the foregoing inu@uitit:iil oearing date on
the- day of 1 199_, as Manager of VB/South
Parking, L. L. C., nas acknowledged the same before me in my City
and State aforesaid.
GIVEN under my hand and seal this-day of
199-.
nouary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
and ' whose name,, are signed to the
fore oing instrument bearing date on the _ day of
1 199-, as General Partners of Burlage
ssociates, have Acknowledged the same before me in my City and
State aforesaid.
GIVEN under my hand and seal this-day of
199-.
imorary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
and 'whose names are signed to the
fore oing instrument bearing date on the day of
99-, as City Manager@nd City Clerk,
especti,,el,, f @hel City of Virginia Beach, have acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand and seal this -day of
199-.
Notary Public
My Commission Expires:
EXHIBIT B
CONFIRMATION OF REVERTER
THIS RELEASE OF REVERTER is made this _ day of
' @99_, by and among VB/SOUTH PARKING, L.L.C., a
ir inia limited liability company ("VB/Southil and for indexing
purposes, a "Grantor"); BURLAGE ASSOCIATES, a Virginia general
partnership, ("Burlagell and for indexing purposes, a "Grantor");
and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, (the "City" and for indexing purposes,
the "Grantee") .
WHEREAS, by Ordinance No. adopted by the
City Council of the City ("City council") on May 14, 1996, (the
"Ordinance"), the following described portion of Bth Street was
discontinued, closed and vacated (the "Closed Street"):
ALL THAT portion of a street designated as 118TH STREET
80' R/W 0.522 ACRES" on that certain plat entitled
"EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED
AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH
BOROUGH VIRGINIA BEACH, VIRGINIA" dated February 27,
1996, attached hereto and made apart hereof.
WHEREAS, in connection with the vacation of the Closed
Street, the parties executed and recorded a Declaration of
Conditions, Restrictions and Reverter (the "Declaration") in the
Office of the Clerk of the Circuit Court of the City of Virginia
Beach in Deed Book _ at Page _; and
WHEREAS, the Declaration provides that the title to the
Closed Street will revert to the City in the event that VB/South
and/or Burlage fails to comply with certain provisions of the
Declaration; and
WHEREAS, the parties wish to confirm that VB/South and
Burlage have not complied with all of the provisions of the
Declaration which would result in the reversion of the Title to
the Closed Street.
NOW, THEREFORE, WITNESSETH: That for and in consideration
of the ten dollars ($10-00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the City, VB/South and Burlage do hereby agree as
follows:
1. VB/South and Burlage have not complied with all of the
provisions of the Declaration which, absent such compliance,
would result in the reversion of the Title to the Closed Street
to the City.
2. VB/South and Burlage hereby release unto the City all
of their claims upon the Closed Street and confirm that title to
the Closed Street has reverted to the City under the Declaration.
IN WITNESS WHEREOF, the parties have caused this Release of
Reverter to be executed by their respective duly authorized
representatives.
VB/SOUTH PARKING, L.L.C.
By
nager
BURLAGE ASSOCIATES
BY
eneral Partner
By
eneral partner
CITY OF VIRGINIA BEACH
By
1-ty Manager
Attest:
Ity Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
whose name is signed to the foregoing in trument bearing date on
the day of '199_, as Manager of VB/South
Parking, L. L. C as acknowledged the same before me in my City
and State aforesaid.
GIVEN under my hand and seal this-day of
199-.
My Commission Expires: otary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, the undersigned,
State aforesaid, do herebya Notarv Public in and for the City and
and certify that
whose name
fore date on the day of
General Partne-rs Of Burlage
As"Ociate,,L hiave the same before me in my City and
S for
tate a sa d
GIVEN under my hand and seal this day of
199-.
Notary Public
MY commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
and
fore
re"pe tively of rk,
he 8 Le bef@re rr owledged
GIVEN under my hand and seal this day of
199-.
@U"IIC
MY commission Expires:
PARKING LEASE
9th Street Parking Garage
by and between
VB/SOUTH PARKING, L.L.C.
as Landlord,
and
CITY OF VIRGINIA BEACH, VIRGINIA,
as Tenant
PARKING LEASF,
TABLE OF CONTENTS
ARTICLE 1.
DESCRIPTION OF PREMISES; TERM; OPTION TO EXTEND AND PURCHASE ... .... ....
ARTICLE II.
RENT . .................. ..................... . ................. @., 5
ARTICLE Ill.
USE OF PREMISES ........... .. ................. ............ 10
ARTICLE TV.
MANAGEMENT; CONTROL OF AND CHANGES TO THE PARKING SPACES . ............ I I
ARTICLE V.
MAINTENANCE AND REPAIRS . ................ ......... ....... 11
ARTICLE VI.
WAIVER OF SUBROGATION ......................... ................. 13
ARTICLE VII.
INSURANCE . ..................................... ..................... 13
ARTICLE Vill.
DESTRUCTION TO PREMISES . ......... ............ .. .... .................... 1 4
ARTICLE TX.
EMINENT DOMAIN ......... ..................... .. . ...................... 1 6
ARTICLE X.
RIGHTS OF TENANT SUBORDINATE . ............... . ... .............. 1 6
ARTICLE XI.
ESTOPPEL CERTIFICATES ......................... . . .................... 1 8
ARTICLE XII.
ASSIGNMENT AND SUBLETTING. . .................. .. . .. ................... 1 8
ARTICLE XIII.
QUIET ENJOYMENT . .............................. ... ........... ............. 19
ARTICLE XIV.
PERSONAL PROPERTY AT RISK OF TENANT ......... ... . ..... ............... 19
1-45342 I I/JEB JEB
5/13/96
ARTICLE XV.
LANDLORD'S TERMINATION RIGHTS .................. ......... .... .. ........ 1 9
ARTICLE XVI.
NO ALTERATIONS OR IMPROVEMENTS ............ ... ... .. ...... ........... @, 20
ARTICLE XVII.
DEFAULT OF TENANT ...... ...................... ... ................. ........ 20
ARTICLE XVIII.
DEFAULT OF LANDLORD ................. ... ................ ..... 21
ARTICLE XIX.
NOTICES . ............................................ .......................... 22
ARTICLE XX.
HOLDOVER ........................................... .. ... ................... 23
ARTICLE XXI.
USE OF PARKING SPACES AFTER TERMINATION .... ... . ................ ........ 23
ARTICLE XXII.
MISCELLANEOUS ......... .............. . ..... . .............. @. 24
1-45342.11/]EB JER
5/13/96
PARKING LEASE
THIS PARKING LEASE (the "Lease") is dated as of May 14, 1996, between VB/SOUTH
PARKING, L.L.C., a Virginia limited liability company ("Landlord"), and CITY OF VIRGINIA
BEACH, VIRGINIA, a municipal corporation in the Commonwealth of Virginia ("Tenant").
ARTICLE 1.
DESCRIPTION OF PREMISES; TERM; OPTION TO EXTEND AND PURCHASE
A. Parkiniz Spaces. Subject and pursuant to the terms, conditions and limitations of this
Lease, Landlord hereby grants and leases to Tenant the right to use six hundred ten (610) parking spaces
(the "Parking Spaces") located in the three elevated levels of a parking facility (the "Parking Facility") to
be constructed on a certain parcel of real estate (the "Real Estate") located in the City of Virginia Beach,
Virginia and bounded on the north by 9th Street, on the east by Atlantic Avenue, on the south by 8th
Street (prior to its closure as contemplated herein) and on the west by Pacific Avenue, with the Real
Estate being more particularly described on Exhibit "A" allached hereto, together with the nonexclusive
right of pedestrian and vehicular access to and from the Parking Spaces by means of sidewalks,
stairways, driveways and an elevator to be constructed in conjunction with the construction of the
Parking Facility. The Parking Facility shall contain approximately six hundred fifty-five (655) parking
spaces. The location of the Parking Spaces within the Parking Facility shall not be designated.
Tenant acknowledges that one or more entities controlled by Charles and Verne Burlage
(collectively, "Buriage") are the fee simple owners of the parcels of land which comprise the Real Estate,
but that Landlord is the owner of the air rights ("Air Rights") in which the Parking Facility is to be
constructed and will be the owner of the Parking Facility when constructed. Landlord also is the
beneficiary of certain easements relating to Real Estate which are necessary for the construction,
maintenance and operation of the Parking Facility (the "Facility Easements"). (The Parking Facility, the
Air Rights and the Facility Easements are collectively referred to as the "Parking Facility Property").
Tenant further acknowledges that, in connection with Burlage's agreement to restrict commercial public
parking on certain parcels of land as more particularly described in Section II I.B below, Buriage, or
Burlage's designee, shall be entitled to use forty-five (45) parking spaces in the Parking Facility oil a
non-reserved, non-designated basis as more particularly set forili in air agreement between Landlord and
Buriage (the "Burlage Lease").
I45342,11/]EB SH
5/10/96
B. Term. Unless sooner terminated, the initial term of this Lease (the "Initial 'rerm") shall
be for a period of 20 years, commencing on the date (the "Commencement Date") which is the later to
occur of (a) April 1, 1997 and (b) the date the Parking Spaces are made available to Tenant and a
Certificate of Occupancy is obtained by Landlord, and terminating on the day before the twentieth (20th)
anniversary of the Commencement Date. Landlord shall commence construction (i.e., site work) of the
Parking Facility no later than October 3 1, 1996, but no earlier than October 1, 1996. Thereafter,
Landlord shall diligently proceed to complete construction of the Parking Facility substantially in
accordance with the Conceptual Plan Drawings prepared by CMSS Architects dated March 12, 1996.
Landlord shall use its best efforts to complete construction of the Parking Facility and make the Parking
Spaces available by April 1, 1997. However, if the Commencement Date has not occurred by April 1,
1997, such delay shall not constitute a default on the part of Landlord, nor shall such delay entitle Tenant
to terminate or cancel this Lease, nor shall Landlord be liable for any damages Tenant may incur as a
result of its inability to use the Parking Spaces by that date. If the Commencement Date has not occurred
by November 14, 1997, then either Tenant or Landlord may terminate or cancel this Lease by written
notice to the other given in accordance with Article XIX below. Upon request by either party, Landlord
and Tenant shall enter into a written statement in recordable form confirming the Commencement Date.
Provided Tenant is not in default hereunder, Tenant shall have the option to extend the
Initial Term for two (2) additional terms of five (5) years each (the "Additional Terms") by giving
written notice thereof to Landlord at least one (I) year prior to the expiration of the then current 'I'erni,
The phrase "Tenn" as used in this Lease shall mean the Initial Term and any Additional Terms
exercised. All of the terms and conditions hereof that are applicable to the Initial Tenu shall be
applicable to the Additional Terms, except that Basic Rent shall be increased to the amount set forth in
Section II.A below.
C. Option to Purchase - Expiration of Term. Provided Tenant is not in default hereunder,
Tenant shall have the option to purchase the Parking Facility Propertv upon the expiration of the Initial
Term or upon the expiration of any Additional 'term. Tenant shall notify Landlord that it is exercising
such option on or before the date which is one (I ) year prior to the expiration of the then current Tenn.
The option, once exercised, shall create a binding agreement for the purchase and sale of the Parking
Facility Property and the following shall be the terms and conditions of the sale-
I . The date of closing ("Closing Date") shall be the expiration date of the Term in
which Landlord receives Tenant's notice to exercise the option
1 45342,1 1 /JEB SH
5/10/96
2 -
2. The purchase price ("Purchase Price") shall be the Net Operating Income (as
defined in Section II.D below) for the 12-month period ending on the last day of the month in which
Landlord receives Tenant's notice to exercise the option, capitalized at a rate of eight percent (8%), less
the amount of any Capital Maintenance Expenses (as that term is defined in Section II.D.3.(f)) (the
"Capital Repair Adjustment") reasonably recommended by the City's engineer and consented to by
Landlord, which consent shall not be unreasonably withheld, pursuant to an inspection made by the
City's engineer no later than sixty (60) days prior to the Closing Date.
3. Landlord's conveyance of the Parking Facility Property shall be subject to the
Burlage Lease and such other agreements which are binding upon Landlord or the Parking Facility
Property and to which the Tenant has consented or to which the Tenant is a party (except that proceeds
from the Purchase Price shall be used to satisfy and release all deeds of trust and other liens encumbering
the Parking Facility Property).
4. The Purchase Price shall be payable by Tenant to Landlord on the Closing Date
in cash or federal funds, or by a good and collectible certified or cashier's check payable to the order of
Landlord. All Rent payable under this Lease shall be apportioned pro rata on a per them basis as of the
Closing Date. Landlord shall refund to Tenant any prepaid rent, and Tenant shall pay to Landlord any
sum owing to Landlord pursuant to the terms of this Lease. Landlord shall convey the Parking Facility
Property to Tenant by Landlord's special warranty deed, free and clear of all liens and encumbrances,
excepting, however, the matters described in Section I.C.3 above.
e. Option to Purchase - Ten (10) Years. Provided Tenant is not in default hereunder,
Tenant shall have the option to purchase the Parking Facilitv Property on the date which is ten ( I 0) years
after the Commencement Date. Tenant shall notify Landlord that it is exercising such option on or
before the date which is nine (9) years after the Commencement Date . The option, once exercised, shall
create a binding agreement for the purchase and sale of the Parking Facility Property and the following
shall be the terms and conditions of sale:
I . The Closing Date shall be the date which is ten (I 0) years after the
Commencement Date.
1-45342,1 1 /JEB SH
5/10/96
2. The Purchase Price shall be the greater of :
(a) the Net Operating Income (as defined in Section II.D below) for the
twelve-month period ending on the last day of the month in which Landlord receives Tenant's notice to
exercise the option (which date shall be no earlier than twelve (I 2) months prior to the Closing Date),
capitalized at a rate of eight percent (8%), plus One Million Five Hundred Thousand Dollars
($1,500,000.00); or
(b) the amount of outstanding debt secured by the Parking Facility Property
as of the last day of the month in which Landlord receives Tenant's notice to exercise the option minus
the sum of the scheduled payments to be made by Landlord to the holder(s) of liens on the Parking
Facility Property prior to the Closing Date, multiplied by one hundred twenty-five percent (I 25%), plus
any prepayment penalty assessed by Laiidlord's creditor(s) in connection with the payment of such
outstanding indebtedness, plus One Million Five Hundred Thousand Dollars ($1,500,000.00).
3. The Tenant shall receive a credit toward the Purchase Price in the amount of'the
Capital Repair Adjustment.
4. The conveyance of the Parking Facility Property and the payment of the
Purchase Price shall be subject to the terms of Subsections I.C.3 and I.C.4 above.
E. Option to Purchase - Fifteen (I 5) Years. Provided Tenant is not in default hereunder,
Tenant shall have the option to purchase the Parking Facility Property on the date which is fifteen (I 5)
years after the Commencement Date. Tenant shall notify Landlord that it is exercising such option on or
before the date which is fourteen (14) years after the Commencement Date . The option, once exercised,
shall create a binding agreement for the purchase and sale of the Parking Facility Property and the
following shall be the terms and conditions of sale:
I . The Closing Date shall be the date which is fifteen (I 5) years after the
Commencement Date.
2@ The Purchase Price shall be the greater of:
(a) the Net Operating Income (as defined in Section II.D below) for the
twelve-montli period ending on the last day of the month in which Landlord receives Tenant's notice to
exercise the option (which date shall be no earlier than twelve (I 2) months prior to the Closing Date),
capitalized at a rate of eight percent (8%), or
(b) the amount of outstanding debt secured by the Parking Facility Propertv
as of the last day of the month in which Landlord receives 1'enatit's notice to exercise the option minus
1 45342 I I/JEB:SB
5/10/96
4 -
the sum of the scheduled payments to be made by Landlord to the holder(s) of liens on the Parking
Facility Property prior to the Closing Date, multiplied by one hundred twenty-five percent (125%), plus
any prepayment penalty assessed by Laiidlord's creditor(s) in connection with the payment of such
outstanding indebtedness.
3. The Tenant shall receive a credit toward the Purchase Price in the amount of the
Capital Repair Adjustment.
4. The conveyance of the Parking Facility Property and the payment of the
Purchase Price shall be subject to the terms of Subsections I.C.3 and I.C.4 above.
ARTICLE It.
RENT.
A. Base Rent. The basic annual fee for the use of the Parking Spaces (the "Basic Rent")
during the Initial Term shall be:
Initial Term
Years 1 - 10 $ 853,210
Years 11 - 15 $ 938,531
Years 16 - 20 $ 985,457
Basic Rent during the Additional Terms (if exercised) shall be as set forth below, unless the
Landlord and Tenant agree in writing upon a lesser amount-
Additional Terms
Years 21 - 25 $ 1,034,731
Years 26 - 30 $ 1,086,467
B. Real Estate Taxes.
I . The Tenant shall also pay to Landlord, as additional rent, an amount equal to the
Facility Real Estate Taxes due multiplied by a fraction, the numerator of which shall be the number of
Parking Spaces (as that tenu is defined in Section [.A) and the denominator of which shall be the total
number of parking spaces in the Parking Facility ("Real Estate Taxes").
2. The term "Facility Real Estate Taxes" shall mean all taxes and assessments
(special or otherwise) levied or assessed directly or indirectly against the Air Rights and the Parking
Facility and other taxes arising out of the use and/or occupancy of the Parking Facility imposed by any
taxing authority havingjurisdiction over the Parking Facility. I'lie term "Facility Real Estate Taxes"
1-45342.1 IIJEB SH
5110/96
5 -
shall not include any income taxes personal in nature to Landlord, the manager of the Parking Facility
("Manager") or the owner of the Real Estate.
3. Tenant shall pay the Real Estate Taxes to Landlord within fifteen (I 5) days after
receiving an invoice therefor, and Landlord agrees to submit such invoices no more frequently than
Landiord's obligation to pay the Facility Real Estate Taxes.
Landlord covenants to pay the Facility Real l,.state ']'axes on or before the date
such taxes are due.
C. Rent Payment.
I . Rent shall be paid, without notice or demand, and without deduction or offset
(except as expressly provided in Section XVIII.A below ), in advance, on the first day of each month to
Landlord at the address set forth for Notices in Section XIX below or to such other addresses and persons
as Landlord may designate in writing from time to time. The term "Rent" shall include Base Rent, Real
Estate Taxes and any and all other charges and amounts (collectively, "Additional Rent") due to
Landlord under this Lease. Rent for partial months shall be prorated on a daily basis. In particular, if the
Commencement Date is not on the first day of a month, a prorated monthly installment of the Rent shall
be paid by Tenant to Landlord for the period of time from the Commencement Date up to (but ]lot
including) the first day of the next succeeding month, and, thereafter- the Rent shall be paid on the first
day of each and every month.
2. If Landlord does not receive from 'I'enant any monthly payment of Rent within
fifteen (I 5) days after the date on which such payment is due, Landlord, at its option, may charge Tenant
a late charge equal to three percent (3%) of the delinquent payment, and such late charge shall be due
and payable by'Fenant to Landlord imniediately upon notice to Tenant
D. Rent Rebate.
I . Tenant shall be entitled to a monthly rent adjustment (the "Rent Rebate") @villi
respect to the operation of the Parking Facility. Landlord or Manager (on behalf of Landlord) shall
transmit the Rent Rebate to Tenant each month within twenty-five (25) days after the end of the calendar
month for which the Rent Rebate is applicable. For example, on or before May 25, Landlord (or
Manager) will transmit to Tenant the Rent Rebate relating to the operation of the Parking Facility during
the month of April. Such transmission shall be by check, wire transfer or such other means of
transferring funds as agreed upon by the parties from time to time. If Landlord or Manager does not
transmit the Rent Rebate to Tenant within fifteen ( 1 5) days after the date on which such payment is due,
1 45342 I I/JEB SH
5/10/96 6
Tenant, may charge Landlord a late fee equal to three percent (3%) of the delinquent payment, and such
late fee shall be due and payable by Landlord to Tenant immediately upon notice to Landlord.
2. The amount of the Rent Rebate shall be equal to (a) the monthly Gross Receipts
less (b) the sum of (i) monthly Operating Expenses, (ii) monthly Gross Receipts Taxes and (iii) the
monthly Management Fee.
3. For purposes of this Section 11, the following capitalized terms shall have the
definitions set forth below:
(a) "Gross Receipts" shall mean all revenues collected by Landlord or
Manager from Parking Facility patrons using the Parking Spaces.
(b) "Gross Receipts 'Taxes" shall mean those taxes payable to the City of
Virginia Beach attributable to Gross Receipts.
(c) "Management Fee" shall mean the amount equal to Net Lot Income
multiplied by 0.035 (3.5%).
(d) "Net Lot Income" shall mean Gross Receipts less Operating Expenses.
For purposes of determining Net Lot Income, Gross Receipts shall be deemed to also include (i) the fair
market rates for any Parking Spaces sublet by Tenant, and (ii) the fair market rates for any Parking
Spaces used by patrons which have been authorized by Tenant to use the Parking Spaces for free or at a
reduced rate (to the extent such reduced rate is less than fair market value). For purposes of this
calculation, the fair market rates for the Parking Spaces shall be determined based on the following
factors:
(i) parking rates charged by private operators of commercial public
parking garages at the Virginia Beach Oceanfront;
(ii) parking rates charged by private operators of commercial public
parking lots at the Virginia Beach Oceanfront;
(iii) parking rates for commercial public parking garages and lots at
the Virginia Beach Oceanfront which are owned or leased or operated by the City of Virginia Beach,
including the Parking Facility;
(iv) parking rates charged by the Tenant with respect to its subleases
of the Parking Spaces, if any; and
(v) such additional factors which may be relevant in determining the
fair market rates for parking spaces at the Virginia Beach Oceanfront.
1-45342. 1 1/]EB:SH
5110/96
7
In the event that Landlord and Tenant cannot agree as to the fair market rates of the Parking
Spaces, then the parties shall retain the services of a mutually agreeable parking consultant to determine
fair market rates for Parking Spaces, the cost of such consultant to be divided equally between Landlord
and Tenant.
(e) "Net Operating Income" shall mean Net Lot Income less Real Estate
Taxes.
(f) "Operating Expenses" shall mean each and every cost whatsoever
reasonably incurred by Landlord or Manager in connection with or with respect to the maintenance,
leasing and operation of the Parking Facility. Without limiting the generality of the foregoing, such
costs shall include the cost of labor and labor expenses (unemployment taxes, social security taxes,
employee benefits, etc.), all maintenance expenses, operational supplies, building supplies, utilities,
telephone service, janitorial services, signage, promotion and development expenses, trash removal
services, public liability insurance, garage keeper legal liability insurance for fire and explosion, worker's
compensation insurance, theft and collision insurance, crime insurance, and reasonable administrative,
accounting and legal expenses. The term "Operating Expenses" shall not include Capital Maintenance
Expenses, as that term is defined below.
(g) "Capital Maintenance Expenses" shall mean those expenses relating to
the structural maintenance of the Parking Facility, including the repair of any deterioration of the
caulking system between the precast concrete members, the repair and replacement of the concrete
members, the repair and replacement of the elevator cab or elevator shaft, the repair or replacement of
the concrete pillars or other support elements of the Parking Facility, and the repair and replacement of
the stair towers as a result of cracking and/or settling of the concrete used in the construction thereof.
Tenant shall have the right, at Tetiant's sole cost and expense, to inspect
and to audit the books and records relating to Manager's or Laiidlord's calculation of the terms defined
in this Subsection II.D.3. Notwithstanding the prior sentence, 'Fenaiit's right to inspect such books and
records shall be limited to the immediate past three (3) years based on the date of Tenant's request for
such inspection and audit.
E. Nonapprol2riation. Tenant acknowledges that this Lease constitutes an inducement to
Landlord to construct the Parking Facility, and Landlord acknowledges that construction of the Parking
Facility constitutes an inducement to Tenant to enter into this Lease. Fenant represents that it intends to
maintain this Lease and to seek appropriation of sufficient funds for the payment of Rent and other sums
1-45342 I I/JEB SH
5/10@96 8
due hereunder for thefull Term ofthis Lease, subject to theremaining provisions of fit isSectionII. E.
Landlord acknowledges that Tenant's obligation to pay Rent and other sums due under this Lease shall
be subject to and dependent upon appropriations being made from time to time by the City Council of
the City of Virginia Beach ("City Council") for such purpose. By executing and delivering this Lease,
the City Manager, as a duty authorized representative of the Tenant, agrees, for himself and his
successors, to use his best efforts to cause the City Council to appropriate in its 1996-97 annual operating
budget and all subsequent annual operating budgets thereafter during the term of this Lease, an amount
necessary to satisfy Tenant's obligation to pay Rent and other sums due hereunder. Except by reason of
nonappropriation of funds by the City Council or as otherwise expressly provided in Section XVIII.A
below, Tenant shall not suspend or discontinue its payment of'Rent or other sums due hereunder or the
performance of its obligations under this Lease or be excused from performing its obligations under this
Lease for any cause whatsoever. Subject to the foregoing, it is understood and agreed between the
parties hereto, however, that Tenant shall be bound and obligated hereunder only to the extent that the
funds have been appropriated and budgeted for the payments due under this Lease. In the event that no
funds are appropriated and budgeted in any fiscal period for payments due under this Lease, Tenant shall
promptly notify Landlord of such occurrence, and this Lease shall terminate on the last day of the fiscal
year for which appropriation is received.
F. AdJustments to Base Rent.
I . In the event that Tenant elects to pay to Landlord tile sum of One Hundred
Seventy Thousand Dollars ($170,000) to be applied by Landlord to pay the interest on Landlord's
construction loan for the acquisition and development of the Parking Facility Property, which election
shall be made no later than August 1, 1996, then Landlord shall reduce the amount of the annual Base
Rent specified in Section II.A above during the Initial Tenn by an amount equal to Twenty Thousand
Dollars ($20,000.00) per year. In the event that Tenant makes such election, Tenant shall be responsible
for the preparation of an appropriate tri-party agreement among 'I'enant, Landlord and Landiord's lender,
which agreement shall be subject to such parties' approval, to assure the Landiord's lender of the
availability of such funds for the payment of interest on the construction loan.
2. In the event that the sum of the actual costs and expenses relating to the
Landlord's development of the Parking Facility Property, including costs of financing, are less than the
sum of the estimated costs and expenses set forth on the Development Costs Proforma attached to this
I 45342.11/JEB:SH
5/10/96 9
Lease as Exhibit D, then Base Rent shall be reduced for each year during the Initial Term by an amount
equal to 1/40th of the amount of such savings.
ARTICLE III.
USE OF PREMISES
A. Permitted Use. Tenant shall use the Parking Spaces only for the parking of motor
vehicles. Tenant acknowledges that pursuant to Article IV hereof, Landlord and/or Manager reserves the
right to reasonably limit the size, weight and dimensions of motor vehicles permitted to use the Parking
Facility.
B. Restricted Parcels. Landlord shall cause the execution and recordation in the Virginia
Beach Clerk's Office of an instrument (the "Declaration of Restrictions") which restricts the surface of
the Real Estate (beneath the Parking Facility) and the real estate located immediately south of the
Parking Facility and designated as the "Eighth Street Parcel" and the "Adjacent Parcel" on the plat (the
"Plat") attached hereto as Exhibit B (collectively, the "Restricted Parcels") from being used for
commercial public parking, However, such Restricted Parcels may be used to provide parking for the
hotel, restaurant and convention businesses of Burlage or any subsequent owiier(s) of the Restricted
Parcels.
I . The Declaration of Restrictions shall include provisions specifying the
following:
(a) The Restricted Parcels may be used for parking only by the guests and
invitees of Burlage and its assigns and sublessees in connection with Buriage's operation and/or
management of its hotel, condominium, timeshare and similar operations, retail facilities, restaurants,
bars and convention, promotion, catering and related businesses (including special events promoted bv
Burlage). The Restricted Parcels shall not otherwise be used for commercial public parking.
(b) The Declaration of Restrictions shall remain in effect throughout the
Initial Term of this Lease and the two Renewal Terms (if exercised)
(c) The Tenant hereunder shall have the right to enforce the provisions of
the Declaration of Restrictions, including, without limitations filing suit for injunctive relief, to tile extent
necessary to prohibit the use of the Restricted Parcels for unrestricted commercial public parking.
2. Notwithstanding any other provision of this [,ease to the contrary, Tenalit's sole
and exclusive remedy against Landlord for Landlord's failure to cause tire execution and recordation of
1 45342. 1 1 IIEB SH
5/10/ - Io -
the Declaration of Restrictions shall be the right to lease forty-five (45) additional parking spaces in the
Parking Facility with the Base Rent to remain as provided for in Section 11 hereof. However, in such
event, Tenant shall be required to pay the Facility Real Estate 'I'axes attributable to such additional
spaces, and the term "Parking Spaces" as defined in Section I A of this Lease shall be increased to
include such additional spaces.
C. Signage. Tenant shall have the right, at Tenaiit's expense, to install and maintain oil the
Parking Facility Property signage for purposes of directing traffic to and from the Parking Facility and
for other purposes reasonably related to the operation of the Parking Garage.
ARTICLE IV.
MANAGEMENT; CONTROL OF AND CHANGES TO THE PARKING SPACES.
Landlord reserves the right to manage the Parking Facility, either by itself or through its agents,
and, in connection with such management, to promulgate and enforce such reasonable rules and
regulations as it shall deem necessary for the safe, efficient and economical operation of the Parking
Facility. Any contract for the management of the Parking Facility shall be entered into at arms' length,
and Tenant shall have the right to approve such contract and any successor contract (which approvals
shall not be unreasonably withheld or delayed). Such management contract shall specify that Tenant
shall have the right, on an annual basis, to approve the parking rates for the Parking Spaces. By its
execution hereof, Tenant agrees to comply with such reasonable rules and regulations promulgated by
the Manager of the Parking Facility. In connection with such management, Landlord may install
mechanical or electrical devices to control or monitor the flow of traffic it] and out of the Parking
Facility. Further, Landlord reserves the right to make improvements or alterations to the Parking Facility
(including modifications to the size and configuration of some or all of the parking spaces in the Parking
Facility) and to expand the Parking Facility in such manner as Landlord may desire. However, such
improvements, alterations and/or expansions of the Parking Facility shall not result in the permanent
reduction in the number of Parking Spaces without the written consent of Tenant. Landlord agrees to
notify Tenant of any plans for improvements, alterations or expansion of the Parking Facility which will
result in the permanent or temporary reduction in the number of Parking Spaces. Furthermore, in the
event that such improvements, alterations and/or expansions cause the number of usable Parking Spaces
to be reduced for more than seven (7) consecutive days, Basic Rent shall be reduced on a pro rata basis
based on the number of Parking Spaces which are unusable for the period of time they are unusable.
I 45342,11/JEB:SH
5/10/96
ARTICLE V.
MAINTENANCE AND REPAIRS.
A. Landlord's Maintenance and Repair Obligations. Landlord shall maintain the Parking
Facility in a first class condition and in accordance with all applicable statutes, ordinances and
governmental regulations throughout the duration of the Term. Landlord shall maintain the sealing and
caulking of the Parking Facility so as to minimize water leakage from one parking level to another.
Landlord agrees that such maintenance shall include on a quarterly basis the entire Parking Facility being
swept by a power sweeper to remove tire and road salt, sand and dust to help prevent the deterioration of
the caulking system between the precast concrete members. Landlord further agrees that no less
frequently than annually it will engage a structural engineer to inspect the Parking Facility and report on
any weakening elements contained therein. Landlord agrees at its expense to professionally complete
any repairs recommended by the engineers report as soon as practicable. Ilowever, repairs and
replacements occasioned by the negligent or wilful act of'fenant, it agents, employees, contractors or
subtenants, shall be the responsibility of Landlord only to the extent of the proceeds, if any, received
from the insurance required by Article VII hereof. Provided Landlord shall have maintained the
insurance required by Article VI] hereof, such repairs and replacements caused by Tenant's negligent or
wilful act shall be the obligation of Tenant to the extent insurance proceeds actually received by
Landlord or Lienholder are inadequate to pay all applicable costs and expenses.
B. Capital Maintenance Account. The Landlord agrees to establish a separate account (the
"Capital Maintenance Account") into which the Landlord agrees to deposit monthly throughout the term
of this Lease (as long as Tenant is not in default under this [,ease), within ten ( I 0) days after receiving
Tenant's monthly Rent payment, one-twelfth (1/1 2) of the applicable Annual Maintenance Reserve
amount set forth below.
Annual Maintenance Reserve
Initial Term Renewal Terms
Years Years Years Years Years
1-10 11-15 16-20 21-25 26-30
$ 21,500 $ 23,650 $ 24,833 26,074 $ 27,3 78
1-45342. 1 1/JEB:SH
5/10/96 1 2
The funds deposited in the Capital Maintenance Account shall be used by the Landlord solely for
the purposes of complying with Landlord's obligation to maintain and repair the Parking Facility and for
Capital Maintenance Expenses. Landlord shall not commingle funds deposited in the Capital
Maintenance Account with any other funds of Landlord. Landlord further agrees to provide to Tenant,
on an annual basis, a cash flow summary of the Capital Maintenance Account, including the nature of the
Capital Maintenance Expenses.
As more particularly set forth in Article XVIII.A below, 'Fenant shall be entitled to make a claim
against the funds in the Capital Maintenance Account in the event of I.andlord's default, beyond
applicable grace periods, of its maintenance and/or repair obligations under this Lease. Until such time
as Landlord is in default of its repayment obligations under Section XVIII.A below, Tenant shall have no
claim against the funds in the Capital Maintenance Account.
ARTICLE VI.
WAIVER OF SUBROGATION.
Landlord and Tenant hereby release each other and each other's partners, employees and agents,
from liability or responsibility for any loss or damage to property covered by insurance required under
Article Vil hereof. This release shall apply not only to liability and responsibility of the parties to each
other, but shall also extend to liability and responsibility for anyone claiming through or under the parties
by way of subrogation or otherwise. ']'his release shall apply even if the fire or other casualty shall have
been caused by the fault or negligence of a party or anyone for whom a party may be responsible.
However, this release shall apply only with respect to loss or damage actually recovered from an
insurance company. This release shall not apply to loss or damage ol'propertv of a party unless the loss
or damage occurs during the times the insurance policies of a party contain a clause or endorsement to
the effect that any release shall not adversely affect or impair the policies or prejudice the right of the
party to recover thereunder.
ARTICLE VII.
INSURANCE.
Landlord shall continuously maintain, or cause to be maintained, insurance against such risks as
are customarily insured against by businesses of like size and character, paying as the same become due
all premiums in respect thereto, including without limitation:
1 45342.1 I/JEB SH
5/10/96 1 3
A. Insurance to the extent of the full replacement cost of the Parking Facility against loss or
damage by fire and lightning, the broad form extended coverage including damage by windstorm,
hurricane, explosion, aircraft, smoke, sprinkler leakage, vandalism, malicious mischief and such other
risks as are normally included within such coverage (limited only as may be provided in the standard
form for such coverage at the time in use in the Hampton Roads area), provided that during the period of
construction of the Parking Facility, Landlord may provide or cause to be provided in lieu of tile
insurance set forth above builders' risk or similar type of insurance in the amount of the full replacement
cost thereof minus site work not normally insured. The insurance required bv this Section VII.A shall
also name Tenant as an additional insured.
B. Insurance in the amount of the full replacement cost of the Parking Facility as may be
available from the United States of America or a governmental agency against loss or damage from the
risks and hazards of war, but only in time of war or public emergency and only if such insurance is
generally carried by owners of similar facilities in the Hampton Roads area.
C. Insurance with minimum limits of $5,000,000 per occurrence against liability for bodily
injury, including death resulting therefrom, and damage to property, including loss of use thereof, arising
out of the ownership, maintenance or use of the Parking Facility, naming Tenant as an additional insured.
D. To the extent required by law, workers' compensation insurance with respect to the
employees of Landlord and/or Manager, unless Landlord and/or Manager qualifies as a self-insurer under
the laws of Virginia.
E. Garage keeper's legal liability insurance for fire and explosion.
F. Upon Tenant's request, certificates of such insurance described in this Section shall be
furnished to Tenant within ten (IO) days after a request therefor.
G. The insurance required to be maintained pursuant to this Article Vil shall be issued by
one or more companies authorized and licensed to transact the business of insurance in the
Commonwealth of Virginia.
ARTICLE VIII.
DESTRUCTION TO PREMISES.
A. If the Parking Facility is damaged by fire, the elements, accident or any other casualty,
Landlord, provided Landlord receives adequate insurance proceeds to cover all costs and expenses, shall
promptly cause such damage to be repaired or replaced.
1-45342@ll/JEB SH
5/10/96
- 14 -
B. If Landlord is unable to repair or replace the damage caused by fire, the elements,
accident or any other casualty within ninety (90) days after the date of such casualty (the "Casualty
Repair Date"), and if Tenant is unable to use any of the Parking Spaces as a result of such casualty, Rent
shall abate pro-rata based on the number of the Parking Spaces that are unusable and such abatement
shall commence on the Casualty Repair Date and shall continue until the repairs have been completed. If
Landlord maintained the insurance required by Article VII hereof, but neither Landlord nor a Lienholder
(as defined below) receives adequate insurance proceeds to complete the repair of the Parking Facility,
and if such damage was caused by Tenant or any agent, contractor, employee or sub-tenant of Tenant, the
portion of the cost of repairing such damage not covered by insurance proceeds shall be paid bv Tenant
to Landlord forthwith upon demand by Landlord.
C. Neither Landlord nor Tenant shall be obligated to make any payments for damages.
compensation or claims for inconvenience, loss of business or annoyance arising from any damage to or
repair of the Parking Spaces or the Parking Facility.
D. Provided Tenant is not then in default under this Lease, if the Parking Facility shall be
damaged by fire or other casualty during the Term hereof, Landlord agrees that it will restore the Parking
Facility with reasonable dispatch, to the extent that proceeds from I.andiord's insurance permit and
provided that Landlord's mortgagee does not require insurance proceeds to be paid to it. However, if
such damage (i) occurs during the last three (3) years of the Initial I erm or during an Additional Term
and (ii) exceeds fifty percent (50%) of the insurable value of the Parking Facility at the time such
damage occurs, Landlord may terminate this Lease as of the date of'such damage by giving Tenant
written notice of its intention to do so within ninety (90) days after such damage occurs. If this Lease is
so terminated, then Rent payable hereunder shall be abated as of the date of such damage.
E. With respect to Subsections VIII.A and VIII.B above, and the first sentence of
Subsection VIII.D above, to the extent that insurance proceeds are not available for repairs, Landlord
shall notify 'Tenant that it is not going to restore the Parking Facilitv as a result Of Such deficiency and
shall notify Tenant of the amount of such deficiency. Within thirty (30) days after receiving such
notification from Landlord, Tenant shall have the right to pay I.andiord the amount of such deficiency
and thereby require Landlord to restore or repair the Parking I-aciIiiN
1-45342@ll/JEB SH
5/10/96
1 5 -
ARTICLE IX.
EMINENT DOMAIN
A. If the entire Parking Facility, or all means of access thereto, are taken or condemned
pursuant to the power of eminent domain of the City of Virginia Beach or the Commonwealth of
Virginia, or by purchase under threat thereof, this Lease shall terminate and Tenant shall have no claim
against Landlord or to any portion of the award or purchase price for the value of any unexpired term of
this Lease.
B. If the entire Parking Facility, or all means of access thereto, are taken or condemned
pursuant to the power of eminent domain of the United States of America, or by purchase tinder threat
thereof, this Lease shall terminate and Tenant shall have no claim against Landlord for such termination
and no claim against Landlord for any portion of the award or purchase price for the value of any
unexpired term of this Lease. Notwithstanding the preceding sentence, and subject to the terms of the
Lienholder's deed of trust and applicable law, Tenant shall be entitled to make a separate claim against
the United States of America for the value of Tenant's interest in any unexpired term of this Lease.
C. In the event of a temporary taking pursuant to the power of eminent domain that renders
any of the Parking Spaces unusable, this Lease shall not terminate, and the term hereof shall be extended
by the period of the temporary taking. However, during such temporary taking, the Rent shall abate pro-
rata based on the number of Parking Spaces that are unusable for the period of such temporary taking.
D. In the event of a taking of part of the Parking Facility that renders any of the Parking
Spaces unusable, this Lease shall not terminate; however, the Rent shall abate pro-rata based on the
number of Parking Spaces that are unusable for the period ol'titiie they are unusable. If any of the
Parking Spaces are rendered permanently unusable, and the I.andlord is unable to provide substitute
Parking Spaces in the Facility such that the then current number of Parking Spaces remains the same as
the number prior to such taking, then this Lease shall remain in full force and effect only with respect to
the number of usable Parking Spaces.
ARTICLE X.
RIGHTS OF TENANT SUBORDINATE.
A. This Lease and the rights of Tenant hereunder shall be subject and subordinate to any
and all mortgages and deeds of trust that may now or hereafter affect this Lease, or the Parking Facility
Property and to all terms, provisions, renewals, modifications, consolidations, replacements and
1-45342.1 I/JEB SH
5/10/96 - 16 -
extensions thereof, and Tenant further agrees to attorn to any successor to Landlord's interest in this
Lease and/or the Parking Facility Property, including any holder of a mortgage or deed of trust (the
"Lienholder"), or to any purchaser at foreclosure (or by deed in lieu of foreclosure) upon all of the terms
and conditions of this Lease; provided, however, Tenant's subordination and attornment shall be
conditioned upon the Lienholder's agreement that, notwithstanding any termination or default in such
mortgage or deed of trust and the sale (by foreclosure or otherwise) or other conveyance of the Parking
Spaces or the Parking Facility Property as a result of such termination or default, this Lease shall remain
in full force and effect so long as Tenant complies with all of the terms and conditions of this Lease.
Furthermore, within ten (10) days after receipt of a written request therefor, Tenant agrees to execute
promptly such agreements confirming the above subordination, attorlillient and noti-disturbaiice as
requested from time to time by Landlord or the Lienholder, and also agrees to enter into similar
agreements with such other Lienholders as Landlord may request. [it no event shall any Lienholder be (i)
liable for any act or omission of any prior landlord (including Landlord), (ii) subject to any offsets or
defenses which Tenant might have against Landlord or any subsequent landlord (except as expressly
provided in Article XVIII.A), (iii) bound by any Rent which Tenant may have paid for more than the
current month to Landlord or any subsequent landlord, or (iv) bound by any amendment or modification
of this Lease made without the Lienholder's prior written consent.
B. The documents evidencing or securing any loan from a Lienholder to Landlord (the
"Landlord's Loan") shall provide that, upon the occurrence of a default under the Landiord's Loan such
that the Lienholder intends to exercise any remedies (including foreclosure or acceptance of a deed in
lieu of foreclosure), Lienholder shall give written notice to Tenant advising of such default. Within
forty-five (45) days of receiving such notice, Tenant shall have the right to purchase the Landlord's Loan
from Lienholder for an amount equal to all outstanding indebtedness the[) owed on the Laildlord's Loan,
including principal, interest, late charges, attorney's fees and all other collection costs and other amounts
then due on the Landlord's Loan.
1-45342 I I/JEB:SH
5/10/96
1 7 -
ARTICLE XI.
ESTOPPEL CERTIFICATES.
Tenant, upon ten (10) days' prior written notice from Landlord, and Landlord, upon ten (I 0)
days' prior written notice from Tenant, shall each execute, acknowledge and deliver to the requesting
party a certificate stating that this Lease has not been modified and is in full force and effect (or if there
have been modifications, that this Lease is in full force and effect as modified, and setting forth such
modifications) and the dates to which Rent and other sums payable hereunder have been paid, and either
stating that to the knowledge of the signer of such certificate no default exists hereunder or specifying
each such default of which the signer has knowledge. Any such certificate shall contain such other
information and representations as the requesting party may reasonably request and may be relied upon
by any prospective inortgagee or purchaser of the Parking Spaces or fire Parking Facility.
ARTICLE Xil.
ASSIGNMENT AND SUBLETTING.
Tenant shall have the right to assign this Lease or sublet any number of the Parking Spaces. In
the event of such assignment or subletting, Tenant will remain primarily liable for the performance of the
covenants and obligations under this Lease binding upon Tenant (regardless of any subsequent
amendment or modification of this Lease and regardless of any further assignment or subletting, all of
which are hereby deemed to be consented to by Tenant), including the payment of Rent. Each assignee
must agree in writing to assume the obligations of'renant under this Lease by an agreement satisfactory
to Landlord and delivered to Landlord within ten (IO) days after the date the lease assignment is
executed. Each subtenant must agree in writing (delivered to Landlord within ten (10) days after the
sublease is executed) that Landlord may collect Rent under the sublease directly from the subtenant if
there is a default under this [,ease and, at Landlord's option, agree to attorn to Landlord should this Lease
be terminated. The terms and provisions of this Section shall be deemed to apply as well to any
assignments of subleases and to any sub-subletting under ativ subleases.
1-45342.1 1 /JEB SH
5/10/%
- 18 -
ARTICLE XIII.
QUIET ENJOYMENT.
Landlord agrees that, subject to and upon compliance with the terms, provisions, covenants,
conditions and limitations of this Lease, Tenant shall have, hold and enjoy peaceably the Parking Spaces
for the Term and extension thereof-, provided, however, that Landlord shall not be liable for any
temporary, unauthorized use of the Parking Spaces (except by Landlord), nor shall Tenant be entitled to a
reduction in the Rent as a result of such use. Landlord shall use reasonable efforts to eliminate such
unauthorized use of the Parking Spaces within a reasonable time after receiving notice thereof.
ARTICLE XIV.
PERSONAL PROPERTY AT RISK OF ]'ENAN'I'.
Except as permitted herein, Tenant may not place any personal property in the Parking Facility
except with the prior written consent ot'Landlord. Any personal property placed in the Parking Facility
by Tenant shall be at Tenant's sole risk.
ARTICLE XV.
LANDLORD'S TERMINATION RIGHTS.
Tenant acknowledges that Landiord's construction of the Parking Facility and Landlord's
performance under this Lease is contingent upon (a) the City of Virginia Beach agreeing to close 8t[i
Street on conditions acceptable to Burlage , (b) the Board of Zoning Appeals granting a variance with
respect to the RT-3 zoning designation to permit a zero setback along Pacific Avenue, and (c) Landlord
acquiring from Burlage the Facility Easements and fee simple title to tire Air Rights, free and clear of all
liens (other than those liens to which Landlord has consented). In the event any of the above conditions
are not satisfied, then Landlord may terminate this Lease without cost or liability, and the parties shall
have no further obligations hereunder.
1-45342, 1 1/IEB SH
5/10/96 1 9
ARTICLE XVI.
NO ALTERATIONS OR IMPROVEMENTS.
Tenant shall not alter or improve, nor cause any alterations or improvements to be made to the
Parking Spaces or the Parking Facility without Landlord's prior written consent.
ARTICLE XVII.
DEFAULT OF TENANT.
A. The occurrence of either one or both of the following events (each, an "Event of
Default") shall constitute a default and breach of this Lease by Tenant: (1) 'retiant fails to pay any Base
Rent or any other Rent payments owed under this Lease within fifteen (I 5) days after Tenant is given
written notice of non-payment; or (2) Tenant fails to observe and perform any of the other terms,
covenants and/or conditions of this Lease, and such default shall continue for more than thirty (30) days
after written notice from Landlord to Tenant (however, if a default under this item (2) cannot reasonably
be cured within thirty (30) days, and 'I'enant has promptly commenced the cure within such time and is
diligently proceeding to complete the cure, then 'I'enant shall have such reasonable extra time (not to
exceed sixty (60) days) to complete the cure).
B. Upon notice to Tenant by Landlord of the occurrence of an event which, without timely
cure, would constitute an Event of Default and the failure of'reiiaiit to cure such Event of Default within
the time periods stated above, Landlord shall have the right and option to ( I ) terminate this Lease by
written notice to Tenant (in which event Tenant shall immediately surrender the Parking Spaces to
Landlord) and retain all monies received from Tenant (but without prejudice to Landiord's rights to
recover from Tenant any amounts remaining to be paid under this [.ease, including Rent not yet due and
payable), or (2) to prevent Tenant from using the Parking Spaces, with or without force and without
being liable to Tenant in any manner whatsoever for any damage, (3) to keep this Lease in full force and
effect and sue for Tenant's performance hereunder (including payment of Rent as it becomes due). In all
events, Landlord shall be entitled to recover from Tenant all costs and expenses incurred by Landlord as
a result of an Event of Default, including reasonable attorneys' fees or (4) direct Manager to pay the Rent
Rebate directly to Landlord. Any proceeds received by Landlord as a result of its allowing other persons
or entities to use the Parking Spaces or receipt of the Rent Rebate shall be applied first to tile
reimbursement of expenses incurred as a result of Tenant's default hereunder (including, without
limitation, reasonable attorneys' fees) and second to payment of Rent due hereunder. Tenant shall be
I 45342, I I/JEB SH
5/10/96 - 20 -
liable to Landlord for any deficiency (including all costs of collection and reasonable attorneys' fees) but
shall not be entitled to any surplus that may arise.
C. The remedies provided Landlord above are in addition to, and not in licu of, any other
rights and remedies Landlord may have under this Lease, at law or in equity. No delay by Landlord in
the enforcement ol'the provisions of this Lease shall be deemed to constitute a waiver of any default of
Tenant, and the pursuit by Landlord of one or more remedies shall not be deemed to constitute an
election of remedies to the exclusion of any other remedy. Notwithstanding any other provision of this
Lease, Landlord shall be under no obligation to offer the use of the flarkitig Spaces to any other person or
entity, if Tenant, for any reason whatsoever, vacates the Parking Spaces before the end of the term@
provided, however, Landlord shall use reasonable efforts to mitigate its damages by continuing to
operate the Parking Facility and shall apply the Rent Rebate (if any) to the payment of Rent as more
particularly described in Subsection XVII.B above.
ARTICLE XVI II.
DEFAULT OF LANDLORD
A. In the event that Landlord fails to perform its management, maintenance and/or repair
obligations under this Lease for a period of sixty (60) days after receiving written notice thereof
(however, if such failure cannot be reasonably cured within sixty (60) days, and Landlord has properly
commenced the cure within such time and is diligently proceeding to complete the cure, then Landlord
shall have such reasonable extra time to complete the cure), or within five (5) business days after
receiving written notice thereof if an emergency condition exists, then 'I enant shall be entitled to perform
such management, maintenance and/or repairs at Landlord's expense. Landlord shall reimburse Tenant
for the reasonable cost of such management, maintenance and/or repairs within thirty (30) days after
receiving an invoice therefor. In addition, Landlord shall also pay 'f errant interest on the invoiced
amount at a rate equal to ten percent ( IO%) per aiinum. Such interest shall accrue beginning on the date
which is thirty (30) days after Landlord received the invoice from Tenant. In the event that Landlord
does not pay such invoiced amount within thirty (30) days after Landlord's receipt of the invoice, then
Tenant shall be further entitled to make a claim against the funds in the Capital Maintenance Account.
To the extent that such invoiced amount includes interest or tire cost of managing the Parking Facility
and funds are not available in the Capital Maintenance Account to pay such interest and management
costs, Tenant shall be entitled to offset such amount from its next paviiieiit of'Reilt
1 45342 1 1 /IF@B Sli
5/10/96
- 21 -
B. In the event that Landlord (or Manager on behalf of Landlord) fails to transmit the Rent
Rebate to Tenant as provided in Section I I.D above within five (5) days after Landlord has received
written notice of such nonpayment, then Tenant shall be entitled to sue Landlord and/or Manager to
receive the Rent Rebate and shall also be entitled to recover from Landlord all costs and expenses
incurred by Tenant as a result of such nonpayment, including reasonable attorneys' fees and interest on
the amount of the Rent Rebate at a rate equal to ten percent (10%) per annum, such interest to accrue
beginning on the date Landlord receives the notice of nonpayment from Tenant.
C. The remedies provided Tenant above shall be the sole remedies of Tenant for Landlord's
default under this Lease. In no event shall the Tenant be entitled to withhold or offset the payment of
Rent (except as expressly provided in Section XVIII.A above) or terminate this Lease as a result of
Laiidlord's default hereunder.
ARTICLE XIX.
NOTICES.
Any notice, request or demand required or permitted to be given pursuant to this Lease shall be
in writing and delivered by messenger or sent by United States mail, certified, postage prepaid, return
receipt requested, to the following persons at the indicated address-
To Landlord: VB/South Parking, L.L.C.
c/o Mr. Douglas D. Ellis
Ellis Gibson Development Company
207 Business Park Drive, Suite 101
Virginia Beach, Virginia 1-3462
With a copy to: Willcox & Savage, P.C.
1 800 NationsBank Center
Norfolk,Virginia 23510
Attention: John E. Buchner, Esquire
To Tenant: City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Attention- City Manager
1 45342.1 1 /JEB:SH
5/10/96
- 22 -
With a copy to: City of Virginia Beach
Municipal Center
VirginiaBeach,Virgiiiia 23456
Attention: City Attorney
Any such notice, request or demand, if delivered or mailed (as the case may be) in the manner aforesaid,
shall be deemed given on the date hand-delivered at the specified address (whether or not any person is
there to receive it), or on the business day after the day of deposit in the United States mail, as the case
may be. Either party may, at any time, designate by written notice to the other party (in accordance with
the provisions of this Article XIX) a change in the above address or addresses, but such change shall be
binding upon the person to whom it is sent only from and after tile due of- receipt by such persons
ARTICLE XX.
HOLDOVER.
Any holding over by Tenant (whether unlawfully or with the consent of Landlord) after the
expiration of the Term (or any renewal or extension thereof) shall be construed to be a renewal of the
then-applicable Term on a year-to-year basis. Such renewal shall be otherwise in accordance with all of
the other terms, provisions, covenants and conditions contained in this [,ease (including Rent, unless
such holding over is without tire written consent of Landlord, in which event the Basic Rent shall be
increased by one hundred ten percent (I IO%) during such renewal, provided, however, that Landlord
shall give Tenant thirty (30) days written notice prior to the effective date of such I IO% increase).
ARTICLE XXI.
USE OF PARKING SPACES AFTER TERMINATION
A. Provided that Tenant is not in default hereunder, upon the expiration of the Initial Term
or upon the expiration of any Additional Term, Landlord agrees to reserve the use of fifty-one percent
(5 1%) of the Parking Spaces available in the Parking Facility for commercial public parking or other
public-related uses reasonably designated by the City of Virginia Beach, for as long as the Parking
Facility remains in existence. Landlord, or its designee, shall have exclusive control over the operation
of the Parking Facility, including the determination of the parking rates to be charged for any and all
users of the parking spaces in the Parking Facility. Furthermore, Landlord and Tenant agree to execute
1-45342 II/JEB SH
5/10/96 - 23 -
and record a mutually acceptable agreement memorializing such reserved use prior to the
Commencement Date.
ARTICLE XXII.
MISCELLANEOUS
A. Severability. If any provision of this Lease or the application thereof to any person or
circumstance shall, for any reason or to any extent, be held or determined to be invalid or unenforceable,
the remainder of this Lease and the application of such provision to other persons or circumstances shall
not be affected thereby, but rather shalt be enforced to the greatest extent permitted by law.
B. Waiver. No waiver of any condition or legal right or remedy shall be implied by tile
failure of either party to declare a forfeiture, or for any other reason, and no waiver of any condition or
covenant shall be valid unless it be contained in a writing signed by both parties, nor shall the waiver of a
breach of any condition be claimed or pleaded to excuse the future breach of tire same condition or
covenant.
C. Applicable Law. This Lease shall be governed by and construed in accordance with the
laws of the Commonwealth of Virginia.
D. . The titles contained in this Lease are inserted only for convenience and are not
to be construed as a part of this Lease or as a limitation upon the scope of the particular provisions to
which they refer.
E. Entire Lease. 'I'his Lease (together with any Exhibits referred to herein which are
hereby incorporated by reference) contains the entire Agreement between Landlord and Tenant relative
to the Parking Spaces, and supersedes all prior and contemporaneous negotiations, understandings and
Agreements, written or oral, between the parties. This Lease shall not be amended or modified, and no
waiver of any provision hereof shall be effective, unless and until set forth in a written instrument
authorized and executed with the same formality as this Lease.
F. A2ents and Brokers. Landlord and Tenant each warrants to the other that it has had no
dealings with any broker or agent in connection with this Lease and each covenants to pay, hold harmless
and indemnify the other form and against any and all cost, expense or liability for any compensation,
commissions and charges claimed by any such broker or agent with respect to this Lease or tile
negotiation thereof
1-45342. I I/JEB SH
5110/96
- 24 -
G. Memorandum of Lease. The parties shall, if requested by either, execute for recording
purposes a memorandum of this Lease in the form attached hereto as Exhibit C. The requesting pariv
shall pay all costs, if any, of having such memorandum recorded.
H. Successors and Assi@. This Lease and all of the terms, provisions, covenants and
conditions contained herein shall inure to the benefit of, and be binding upon, Landlord and Tenant and
their respective heirs, devisees, personal representatives, successors and assigns.
1. A2reement to Run with Land. The provisions hereof shall be deemed to be covenants
running with the land which shall bind and insure to the benefit of'l,andiord and Tenant and successors
in title to the Real Estate.
J. Attorneys'Fees. In the event of any litigation between Landlord and Tenant arising out
of this Lease, the unsuccessful party in such litigation shall pay the court costs and reasonable attorneys'
fees of the prevailing party.
K. Authoriiy. The Manager of Landlord represents that it has the full power and authority
under Landiord's Articles of Organization and Operating Agreement to execute and deliver this
Agreement on behalf of Landlord and that it has obtained all requisite approvals to enter into and
perform this Lease. The City Manager of the Tenant represents that it has the full power and authority to
execute and deliver this Lease on behalf of the Tenant and that it has obtained from the Teiiant's City
Council all requisite approvals and resolutions to enter into this Lease.
L. Exculpation. Notwithstanding any provision contained herein to the contrary, no
member of VB/South Parking, L.L.C., nor any successor member shall have any personal liability with
respect to Landlord's obligations hereunder (except to the extent ol the initial capital contribution of such
member of Landlord).
M. Nondiscrimination. In consideration of the execution of this Lease, Landlord and
Tenant for themselves, their agents, officials, employees and servants agree not to discriminate in any
manner on the basis of race, color, creed, national origin, sex, age or handicap with reference to the
subject matter of this Lease.
1-45342 1 1 /JER SH
5/10/96
- 25 -
WITNESS the following signatures and seals:
LANDLORD: VB/SOUTH PARKING, L.L.(@.
a Virginia limited liability company
By (SEAL)
Name:
Title: Manager
TENANT: CITY OF VIRGINIA BEACH, VIRGINIA
By (SEAL)
James K. Spore, City Manager
STATE OF VIRGINIA,
City of to-wit:
The foregoing instrument was acknowledged before me this _ day of May, 1996, by
I as Manager of VB/SOUTH PARKING, L.L.C., a Virginia
limited liability company, on behalf of the company.
Notary Public
My Commission expires:
STATE OF VIRGINIA:
City of to-wit:
The foregoing instrument was acknowledged before me this _ day of May, 1996, by JAMES
K. SPORE, as the City Manager for THE CITY OF VIRGINIA BEACH, on behalf of the City.
Notary Public
My Commission expires:
1-45342. II IJEB:SH
5JIO/96 - 26 -
E
Property Description of Real Estate
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, and designated as the "Parking Parcel" on the plat attached hereto as i ' -1.
1-45342, IO/JEB SH
5/8/96
@ibit A
5TE ANCE
LI H 26- 00 3@22
L2 N l6V5'o5"W 151.87'
L3 N 10-07'02'W 82.04'
L4 47'W 3 6_2 7'
@ 0
BLOCK 10
PC
FND.
0
E258.67'
iz
PK >
PARKING PARCEL
m 03
0
I.F.
0.2' OUT @O
SHOPS >
m
9
N 7 C)
ow PT-
+
w ?49 SR'
m S 76'07'41'
m 8TH STREET PARCEL
>
rt
NAJL
8TH STREET o FND.
80- R/W
m
E 243.93"
@I (D
LO@ 5
w
EXHIBIT SHOYANG SHOPS PARCEL
PARKING PARCEL AND STH STREET PARCEL
E
@TM ON im BETWEEN ATLANTIC AVENUE AND PACIFIC AVENU
@T IS UM ON A @IM AND BOUNDED ON THE NORTH BY bTH STREET
OF N TK MRGINIA BEACH BOROUGH, MRGINIA BEACH. VA
@ @ OF IK
@ OF IM OTY OF @D
KACH, @ AND DOES NOT
CONSIMTE A PARCEL UNE
OF LMa CONSTRUCTION CENTEFTU
FLO.W.
INTERIOR LOT UNES
LOT NUMBERS
PATMN @ Kw * @TEL PC
454 @ F"
=1^74 FU@l
rs and Landscape Archltects
vc@ @ v@. V4@. ft
9421-1-0 02128196 .:-80'
EXHIBIT B
9TH STREET
I
I
I
I
I
I
I w
z
I w
REAL ESTATE >
I <
Q
r.
u I z
5
I <
I
8TH STREET PARCEL
JACENT PARCEL
NOTE TO CLERK: Exempt from recordation taxes pursuant to Va. Code § 58.1-81 1 (A)(3)
MEMORANI)XJM OF 1,FASF
(9th Street Parking Deck)
THIS MEMORANDUM OF LEASE is made as of the 14th day of May, 1996, by and
between VB/SOUTH PARKING, L.L.C. ("Landlord"), grantor for indexing purposes; and
City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia ("Tenant"),
arantee for indexing purposes.
WITNESSETH:
WHEREAS, Landlord and Tenant entered into a certain lease agreement dated as of
May 9, 1996 (the "Lease").
NOW, THEREFORE, for Ten Dollars ($10.00) cash in hand paid, the mutual
promises, terms and conditions as set forth in the Lease and other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant
agree as follows:
1. Landlord hereby demises to Tenant and Tenant hereby leases from Landlord,
for the term hereinafter provided, and any extensions thereof, certain real property (the
"Property") located in the City of Virginia Beach, Virginia, more particularly described on
Exhibit "@ attached hereto.
2. The initial term of the Lease commences on April 1, 1997, and ends on
March 31, 2017.
1-51287. 1/JEB-JEB
5/8/96
3. Tenant has two (2) renewal options for renewal terms of five (5) years each that
may extend the term of the Lease through March 31, 2027.
4. The addresses of the parties set forth in the Lease are as follows:
Landlord: VB/South Parking, L.L.C.
c/o Mr. Douglas D. Ellis
Ellis Gibson Development Company
207 Business Park Drive, Suite 101
Virginia Beach,Virginia 23462
Tenant: City of Virginia Beach
Municipal Center
Virginia Beach,Virginia 23456
Attention: City Manager
5. In consideration of the rents to be paid to Landlord, Landlord has granted
Tenant an option to purchase the Property and the improvements constructed therein on the
following dates:
(a) April 1, 2007;
(b) April 1, 2012;
(c) April 1, 2017;
(d) April 1, 2022; and
(e) April 1, 2027.
The purchase price of the Property and the improvements herein pursuant to such options shall
be determined in accordance with Article 11 of the Lease.
6. Reference is made to the Lease for the full particulars thereof. If there is any
inconsistency between the Lease and this Memorandum of Lease, the terms of the Lease will
control.
1-51287.1/]EB:JEB
5/g/96
IN WITNESS WHEREOF, the parties hereof have caused this Memorandum f Lase
to be executed under seal as of the day and date first above written.
VB/SOUTH PARKING, L.L.C.
By: (SEAL)
Name:
Title: ger
T: CITY OF VIRGINIA BEACH, VIRGINIA
By: (SEAL)
James K. Spore
City Manager
STATE OF VIRGINIA,
City of to-wit:
The foregoing instrument was acknowledged before me this _ day of May, 1996,
by -, as Manager of VB/SOUTH PARKING, L.L.C., a
Virginia limited liab ity company, on behalf of the company
Notary Public
My Commission expires:
1-5 1287. 1/JEB:IEB
518196
STATE OF VIRGINIA:
City of , to-wit:
The foregoing instrument was acknowledged before me this _ day of May, 1996,
by JAMES K. SPORE, as the City Manager for THE CITY OF VIRGINIA BEACH,
VIRGINIA, on behalf of the City.
Notary Public
My Cominission expires:
1-51287.1/JEB:JEB
5/8196
-4-
Exhibit A
Property Description
ALL THAT certain air space located above the following described plane,
which plane commences at an elevation of approximately +25.07 feet as
established by the City of Virginia Beach Datum, Mean Sea Level, equaling
0.00 feet as established by the 1972 U.S. Coast and Geodetic Survey Data, and
located below the following described plane, which plane commences at an
elevation of approximately +67.07 feet as established by the City of Virginia
Beach Datum, Mean Sea Level, equaling 0.00 feet as established by the 1972
U.S. Coast and Geodetic Survey Data, which said air space is situated above the
parcel of land located in the City of Virginia Beach, Virginia and designated as
the "Parking Parcel" on the plat attached hereto as Exhibit B and made a part
hereof, together with the improvements constructed therein.
1.51297.1/JEB:JEB
5/8196
Ehi_bit
ON DISTANCE
LINE I -
L N2W - E.22
L2 IN IGMG'OR W 151.87'
p L3 IN 10-07'02' W 82-04'
r w. 36.27'
>DA
P )Ci( 10 ii)j
> A @AJL
9TH STREET FND.
E 258.67'
iz U)
PRC
PAFWNG PARCEL
I* m 00
IL". [.F.
0.2' OUT @o
SHOPS
N 71
Ci
PT
+
W 249.68'
'U 8 TREET PARCEL
>
O? d rt
rn ;q A NAJL
STREET kt o FND.
IR/W
E i24.3.93-i
(D
L@ 5 1
EXHIBIT SHONNG SHOPS PARCEL
NM- DE @y PARKING PARCEL, AND 8TH STREET PARCEL
LWOR"IM @ ON TM BETWEEN ATLANTIC AVENUE AND PACIFIC AVENUE
@T 6 ft'- 00 A CW"YM AND BOUNDED ON THE NORTH BY -OTH STREET
OF L4 IK %ARGINIA BEACH BOR(XJGH. \ARGINIA BEACH, VA
W= OF IM CMUU
CMU OF IM aTY OF
KUM VWA*" AM OM NOT LEGEND
@TE A PARCEL LINE
Of LAND.
CONSTRUCTION CENTERL
03/01/96 P-O.W.
INTERIOR LOT LINES
LOT NUMBERS
PATM @ @ & @@ K
PIMIA ma@mo
ation 49-M
Engineers,Survoi rs and Landscape kchitects
F*f@ Va@,
Drown/M@@ j
9421-1-0 o2l28l96 lsmw:-ao, l@BnLI*O:KPLAr IILSIIWPC
6
Exhibit D
Development Costs Proforma
1-45342.10/YEB:SH
5/8/96
- 39 -
Item IV-K2.
PUBLIC HFARING ITEM # 40768
PL,4NNING
Mark Summs, the applicant, represented himself
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of MARK SUMMS for a Conditional Use Permit.,
ORDINANCE UPON APPLICATION OF MARK SUMMS FOR A
CONDITIONAL USE PERMIT FOR A BULK STORAGE FACILITY
R05962034
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mark Summs for a Conditional Use
Permit for a bulk storage facility on the west side of Baker Road, 440
feet more or less south of Ward Court. Said parcel contains 2.8 acres.
BAYSIDE BOROUGH.
The following conditions shall be required:
1. An area shall be identified on the site for cars being brought to
the site after 11 PM. 7he applicant shall instruct drivers to use
this area exclusively during any late night deliveries.
2. The project shall be developed in accordance with the site plan
presented to the Planning Commission.
3. A variance may be sought from the Board of Zoning Appeals
ONLY for the Category 1,7 landscaping along portions of the
property adjacent to the railroad track.
7'his Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beact% Virginia, on the Fourteenth o
f May, Nineteen
Hundred and Ninety-Six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branct% III, Robert K Dea?; William W
Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
THIS ITEM WAS MOVED FORWARD TO THE BEGINNING OF THE PLANNING AGENDA
May 14, 1996
- 40 -
Item IV-K3.
PUBLIC HEARING ITEM # 40769
PLANNING
Major Donald Daniels, Administrator of the Salvation Army, represented the applicant
Nancy Colvin, represented the applicant
Upon motion by Councibnan Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of THE SALVATION ARMY ARC for a Conditional Use Perm
ORDINANCE UPON APPLI@ION OF TIIE S,4L VA TION ARMY ARC
FOR A CONDITIONAL USE PERMI7' FOR AU7'0 ULE,5 AND
STORAGE R05962035
BE IT HEREBY ORDAINED BY THE COUNCIL OF 7HI,, CITY OI, P7R(,INLI BEACII, VIRCINLI
Ordinance upon application of The Salvation Army ARC for a
Conditional Use Permit for auto sales and storage on the north side of
Virginia Beach Boulevard, west of Davis Street. Said parcel is located at
5524 Virginia Beach Boulevard and contains 5.4099 acres. BAY,5II)E
BOROUGH.
7he following conditions shall be required,-
1. Only operative vehicles can be displayed on the site. No
inoperative vehicles are permitted on the site.
2. A maxiinwn of forty (40) vehicles may be displayed on the site.
3. Category fV landscape buffer shall be installed along that
portion of the Northern property line that abuts the A-18
Apartment District in the existing landscaped area.
4. Approval is subject to all permits and licensing requirements of
the Virginia Division of Motor Vehicles.
7his Ordinance shall be effective in accordance with Section 107 (o of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth ormay, Nineteen
May 14, 1996
- 41 -
Item IV-K3.
PUBLIC HEARING ITEM # 40769 (Continued)
PL4NNING
Voting: 9-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branck III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. 5essona, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
May 14, 1996
- 42 -
Ite4n IV-K4.
PUBLIC HFARING ITEM # 40770
PLAIVNING
Attorney Grover Wright represented the applicant
Marlene Petty, 1591 Eagleton Lane, Phone: 464-4847, registered in OPPOSITION.
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of AUTO LAND for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF AUTO LAND FOR A
CONDITIONAL USE PERMIT FOR USED CAR SALES R05962036
BE IT HEREBY ORDAINED BY THE COUNCII, OF THF CI7Y OF VIRGINL4 BEACH, 117RGINL4
Orifinance upon application of Auto Land for a Conditional Use Permit
of used car sales at the northeast corner of Independence Boulevard and
Smokey Road. Said parcel is located at 1608 Independence Boulevard
and contains 30,492 square feet. BAYSIDE BOROUCH.
The following conditions shall be required:
1. 7he existing building, including neutral colors and materials as
depicted in the slide exhibited at the public hearing, shall be
retained. 7he proposed addition should be in keeping with the
architectural style, materials and colors of the existing building.
Prior to the final site plan being approved for this project, the
applicant shall review all of the proposed building and site
modifications with the Planning Commission's design Advisory
Group.
2 A fifteen-foot (15) -wide @scaped buffer with Category IV
landscape material shall be installed continuously along the
Southeastern and Northeastern property lines, where they abut
R - 7 5 and A - 12 zoning districts. 7he @ting access point
@ &nokey Lane shall be eliminated, and the required
landscaped buffer shall be installed along this area as well.
3. One access point on Independence Boulevard shall be closed,
and the ten -foot (10) street frontage landscaping strip shall be
extended the length of the front property line, except for the
remaining access point.
4. Development of the site shall conform with the revised Site
Plan, dated 25 March 1996, with the following revisions:
a. 7he access point on &nokey Lane, and one access point on
Independence Boulevard shall be closed, and @scaping
installed in those areas as set forth in Conditions 2 and 3,
above.
b. All parking spaces to be used for customer and employee
parking shall be clearly delineated,- parking spaces behind the
building shall be reserved for employee parking only.
c. All automobile display spaces shall be clearly delineates and
shall conform with the General Standards of Sec. 203(b) of the
Zoning Ordinance for parking spaces, and with all parking
lotldisplay area landscaping requirements of the Site Plan
Ordinance, as would be applicable to new development.
May 14, 1996
- 43 -
PUBLIC HEARING ITEM # 40770 (Continued)
PLANNING
5. Prior to final site plan approval and issuance of a certificate of
occupancy, a display area landscaping plan shall be submitted
for approval by the Planning Director.
6 The number of vehicles for sale on -site at any one time shall
not exceed the number of display spaces delineated on the
approved site plan; vehicles for sale shall not be parked in
spaces designated for customer andlor employee parking.
7 No outdoor speakers or pagirig systems are permitted.
8. 7he hours of operation are limited to 8 AM to 8 PM, Monday
thru Friday; 8 " to 5 PM, Saturday, and, closed on Sunday.
9. 7he enclosed area to accommodate auto cleaning shall have a
door on the side facing Independence Boulevard, which shall
remain closed except for entering and exiling.
10. F-xterior lighting shall be directed inward and limited to a
twenty-five (25)-foot height.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Pzrginia Beach, rirgitiia, on the Fourteenth Qf Mav. Nineteen
Hundred and Nine
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. BrancA III, Robert K Dean, Wtlliam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. .5essoms, Jr,
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M Strayhorti
May 14, 1996
44 -
t
PUBLIC HEARING ITEM # 40771
PLANNING
Betty D. Steward, the applicant, represented herself.
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council APPROVED the
application of BETTY D. STEWART for a Variance to Section 4.5 of the Subdivision Ordinance which
requires public sites and open space; AND, ADOPTED an Ordinance upon application for a Change of
Zoning District Classification:
Appeal from Decisions of Administrative officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Betty D. Stewart
PropeHy is located on the west side of Wakefield Drive, south of Sir
Richard Court. BAYSIDE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF BETTY D. STEWART FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-25 to
R-15 Z05961491
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Betty D. Stewart for a Change of Zoning
District Classification from R-2.5 Residential Townhouse District to R-
15 Residential District on the west side of Wakefield Drive, south of Sir
Richard Drive on Parcels A-3 and A-4, Thoroughgood Colony. 7lie
proposed zoning classification change to R-15 is for single family @
use on lots no less than 15,000 square feet. 7he Comprehensive Plan
recommends use of this parcel for suburban high density residential at
densities @ are compatible with single family use in accordance with
other Plan policies. Said parcel contains 1.063 acres more or less.
R,4YSIDE BOROUGH.
7he following conditions shall be required:
1. The existing interiorproperty line between parceisA-3 anda-
4 shall be vacated so as to created one parcel.
2. 7he house shall be located where the pool is or where the
tennis courts are.
3. Site Plan and location of house on property shall be in
substantial conformity to the Site Plan submitted to City
Council 14 May 1996.
7'his Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci4 Virginia, on the Fourteenth of May, Nineteen
Hundred and Nine@.
May 14, 1996
- 45
Item IV-K5.
PUBLIC HEARING ITEM# 40771 (Continued)
PLANNING
Voting-- 9-0
Council Members Voting Aye:
-John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absen
Nancy K Parker and Louisa M. Strayhorn
May 14, 1996
- 46 -
item IV-L 1.
APPOINTMENTS ITEM # 40772
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
Perry Griffith Thomasson
3 Year Ternm
05/15/96 - 03/31/99
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vzce Mayor William D. ;essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Nancy K Parker and Louisa M. Strayhorn
May 14, 1996
- 47 -
Itein IV-M.I.
UNFINISHED BUSINESS ITEM # 40773
Mayor Oberndorf referenced her meeting yesterday, May 13, 1996, with Robert Vakos, Chairman of the
Planning Commission. He requested the public be reminded of the Meetings for the SHARED VISION
IN ME COMPREHENSIVE PLAN:
May 15, 1996 Princess Anne Middle School
Area 15
May 20, 19% Windsor Oaks Elementary School
Area 10
May 22, 19% Strawbridge Elementary School
Area 16
May 29, 1996 Trantwood Elementary School
Area 6
Chairman Vakos referenced correspondence to the City Council relative retirement communities. 7he City
Cmwil had not replied to this correspondence.
Chairman Vakos advised the City Council had not made a formal request to the Planning Commission
to study perimeters relative detention centers and their appropriateness.
A Resolution shall be SCHEDULED for the City Council Session of May 28, 1996.
Chairman Vakos advised a Hearing was held on May 13, 1996, relative the Brew drive-thru amendments
and he personally will be abstaining from involvement in drafting these amendments.
The Corporate Landing Task Force continues to move forward.
Mayor Oberndorf complimented Chairman Vakos and the Members of the Planning Commission.
May 14, 1996
- 48 -
Item IV-0.
ADJOURNMENT ITEM # 40774
Mayor Oberndgrf DECLAPED the City Council Meeting AWOURNED at 4.-50 P.M..
@ 'g, w, , /-)
-------------------
Beverly 0 Hooks, CMCIAAE
Chief Deputy City Clerk
--------------------------
Ruth Hodges &nit& CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
CitY of Pirg@ Beach
Virginia
May 14, 1996