HomeMy WebLinkAboutMAY 13, 1997 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ~'IEYERA E OBERNDORF At Large
VICE ~AYOR WILLIAM D SESSOMS IR At Large
JOHN A BAUM Blackwater Borough
LI~qWOOD 0 BRANCH Ill V~rgmm Bemh Bor~m~h
WILLIA~ W HARRISON JR Lvnnhawn Borough
HAROLD HEISCHOBER At Large
BARBARA ~ HENLEY, Pungo Borough
LOUIS R JONES Bays~de Borough
REBA S MtCLANAN Princess Anne Borough
NANCY K PARKER At Large
LOUISA ~ STRAYHORN Kempswlle Borough
JAMES K SPORE C~ty Manager
LESLIE L LILLEY C~ty Attorney
RUTH ttODGES SMITH CMC / AAE C~ty Clerk
CITY COUNCIL AGENDA
May 13, 1997
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIR(,INIA BEACH VIRGINIA 23456 9005
(7571 427 4303
I. REVIEW OF AGENDA ITEMS
- Conference Room -
12: 0 0 NOON
II. CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
A.
CALL TO ORDER - Mayor Meyerma 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:
The Reverend Noah Stoltzfus
Landstown Community Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
May 6, 1997
G. AGENDA FOR FORMAL SESSION
H .
CONSENT AGENDA
The Consent Agenda wtll be determtned durtng the Agenda Review Session and
constdered tn the ordtnary course of bustness by City Counctl to be enacted by one
motion.
I .
ORDINANCES
1. RESOURCE MANAGEMENT PLAN
a. FY 1997 - 1998 OPERATING BUDGET APPROPRIATIONS
(1) Ordinance to establish the Tax levy on Real Estate
for Fiscal Year 1998 at 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 1998 at the rate of Three Dollars and Seventy
Cents ($3.70) on each One Hundred Dollars ($100) of
assessed valuation.
(3) Ordinance to AMEND Section 35-159 of the Code of
the City of Virginia Beach re by extending the
"Sunset" provision of the lodging tax and
increasing the tax rate on transient lodging within
the Sandbridge Special Service District.
(4) Ordinance to extend the term of the Virginia Beach
Advertising Advisory Committee.
(5) Ordinance to AMEND Sections 35-115 and 35-254 of
the Code of the City of Virginia Beach by
increasing the dollar amount of monthly utility
service and local telecommunication service that is
subject to taxation
(6) Ordinance to AMEND Section 2-83 of the Code of the
City of Virginia Beach re holidays by eliminating
George Washington's Birthday and providing an
additional Flexible Personal Holiday for City
employees.
(7) Ordinance to AMEND Sections 32.5-2 and 32.5-5 of
the Code of the City of Virginia Beach by
increasing the Stormwater Management Utility Rate
and establishing the rate of interest for unpaid
charges.
(8) Ordinance to authorize the City Manager to submit
an Annual Funding Plan to the Department of Housing
and Urban Development (HUD).
(9) Ordinance to APPROPRIATE for the Fiscal Year
beginning July 1, 1997, and ending June 30, 1998,
in the sum of Nine Hundred Fifty-six Million, Eight
Hundred Fifty-three Thousand, Five Hundred Sixty-
nine Dollars ($956,853,569) for Operations and
Three Hundred Thirty-four Million, Nine Hundred
Forty-seven Thousand, Three Hundred Seventy-two
Dollars ($334,947,372) in Interfund Transfers and
regulating the payment of money out of the City
Treasury, as amended.
b. FY 1997 - 1998/FY 2001 - 2003 CAPITAL IMPROVEMENT PLAN
(1) Ordinance to authorize the issuance of General
Obligation Bonds of the City of Virginia Beach in
the maximum amount of $54,100,000 re various Public
Facilities and General Improvements.
(2) Ordinance to authorize the issuance of Water and
Sewer System Revenue Bonds of the City of Virginia
Beach in the maximum amount of $12,730,000 re
improvements and expansions to the City's Water and
Sewer System.
(3) Ordinance to ADOPT the FY 1997-1998/FY 2002-2003
Capital Improvement Program (CIP); and, APPROPRIATE
$94,467,030 for the FY 1997-1998 Capital Budget,
subject to funds being provided from various
sources, and further subject to any amendments
adopted by City Council.
(4) Ordinance to establish two new School Capital
Projects; and, APPROPRIATE $10,635,000 to fund
these new projects as well as certain existing
School Capital Projects.
·
.
.
.
.
Ordinance to ACCEPT and APPROPRIATE Grants of $48,700 from the
Library of Virginia to the Clerk of Circuit Court re
microfilming of deed books and purchase of a reader/printer;
and, increase estimated State revenues accordingly.
Ordinance to TRANSFER $366,040 from the Tourism Growth
Investment Fund (TGIF) Reserve for Contingencies to the FY
1996-1997 Operating Budget to implement the Resort Area
Trolley Pilot Program for the upcoming tourist season:
a. $296,040 to the Department of Planning
b. $ 70,000 to the Department of Public Works
Ordinance to authorize temporary encroachments into a portion
of the City's drainage easement at 2233 Admiral Circle by
Joseph T. Wool re construction and maintenance of a wooden
bulkhead.
Ordinance to authorize the City Manager to enter into a Lease
(not to exceed forty (40) years) and Disposal Services
Agreement with Sanifill of Virginia, Inc. on 14.634 acres of
City-owned property adjacent to Landfill No. 2, off Jake Sears
Road, re joint access with the City and the operation,
maintenance and support of a construction/demolition/debris
landfill provided said agreements are executed and returned
to the City within thirty (30) days from the date of adoption.
(KEMPSVILLE BOROUGH).
Ordinance to authorize the City Manager to enter into a Permit
Agreement with Oceanfront Watersports, Inc. re a personal
watercraft rental operation at the Oceanfront at 31st Street,
from 15 May to 15 September 1997, renewable for four (4)
consecutive four-month terms.
J.
RESOLUTIONS
.
Resolution to authorize the Hampton Roads Partnership to carry
out the Regional Competitiveness Program (RCP); approve the
RCP fund distribution methodology; and, receive, on behalf of
the City of Virginia Beach, all 1997 incentive funding.
(Sponsored by Mayor Meyera E. Oberndorf)
,
,
Resolution to recognize citizen concerns re quality of life
issues created by the Bow Creek Motel; direct the City Manager
and City Attorney to take all actions necessary to address
such concerns; carry out study identified in CIP 4-003; and,
prepare the documents and analysis necessary for City Council
to consider the acceleration of funding, if available from the
FY 1996-1997 year-end surplus, and implementation of this
project.
(Sponsored by Council Members William W. Harrison, Jr. and
Reba S. McClanan)
Resolution to express City Council's desire for implementation
of certain programs in the School Board FY 1997 - 1998
Operating Budget (Sponsored by Council Member Louisa M.
Strayhorn):
a. Class size reduction initiative
b. Expansion of at-risk programs
C ·
Expansion of capacity for Gifted and Magnet School
programming
d.
Provision of a four percent (4%) compensation increase to
all eligible teachers
K,
PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determtned dunng the Agenda Revtew Sesston
2:30 PM
·
Application of BECO CONSTRUCTION, INC. for a Variance to
Section 4.4(b) of the Subdivision Ordinance re all lots
created by subdivision meet all requirements of City Zoning
Ordinance on the South side of Broad Bay Road, 230 feet more
or less East of Hackberry Road (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
·
Application of LYNNHAVEN MARINA, L.L.C. for a Conditional Use
Permit for a marina on the East side of Great Neck Road West,
beginning 950 feet more or less South of Lynnhaven Drive (2101
Great Neck Road West) , containing 1. 249 acres (LYNNHAVEN
BOROUGH) .
Recommendation:
APPROVAL
.
Application of DANIEL E. POSTON for a Conditional Use Permit
for motor vehicle sales, service and truck rentals on the
South side of Virginia Beach Boulevard, 300 feet West of
Foundry Lane (2825 Virginia Beach Boulevard), containing one
(1) acre (LYNNHAVEN BOROUGH).
Recommendation:
DENIAL
·
Application of R. S. DICKSON AND COMPANY for a Chanqe of
Zoninq District Classification from A-12 Apartment District to
Conditional RT-3 Resort Tourist District at the Southwest
intersection of 30th Street and Arctic Avenue, containing
32,328 square feet (VIRGINIA BEACH BOROUGH).
Deferred:
29 April 1997
Staff Recommendation:
Planning Commission Recommendation:
DENIAL
APPROVAL
,
Application of RICHARD and LEAH WAITZER for a Change of Zoning
District Classification from 0-2 Office District to O-1 Office
District on the West side of First Colonial Road, 350 feet
more or less North of Old Donation Parkway (1115 First
Colonial Road), containing 25,003.44 square feet (LYNNHAVEN
BOROUGH).
Recommendation:
APPROVAL
.
Application of COWAN CONSTRUCTION AND DESIGN, INC. for a
Change of Zoning District Classification from A-12 Apartment
District to R-SS Residential Single Family District at the
Southeast corner of Alabama Avenue and Garfield Avenue on Lots
1 through 9, Block 8, Pecan Gardens, containing 21,997.04
square feet (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
,
Application of the CITY OF VIRGINIA BEACH to AMEND and
REORDAIN Sections 1521 and 1524 of the City Zoning Ordinance
re off-site parking facilities in the Resort Tourist District
(RT-3) .
Recommendation:
APPROVAL
n .
APPOINTMENTS
MEDICAL COLLEGE OF VIRGINIA
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. 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)
* * * * * * * * *
05/08/97CMD
AGENDA~05\13~97.pln
www.v~rgln~a-beach.va us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 13, 1997
Vice Mayor William D. Sessoms, Jr called to order the REVIEWOF AGENDA ITEMS in the Council
Conference Room, City Hall Building,, on Tuesday, May 13, 1997, at 12.00 NOON.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W Harrtson, Jr, Harold
Heischober, Barbara M Henley, Reba S. McClanan, Nancy K Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
Louis R. Jones
[ENTERED 1.10 P M. - A TI'ENDING
U S COAST GUARD CHANGE OF
COMMAND CEREMONY
[ENTERED: 12.05 P.M.]
Louisa M. Strayhorn [ENTERED 12.10 P MI
-2-
AGENDA RE VIEW SESSION
12:00 NOON
ITEM # 42084
Vice Mayor Sessoms referenced.
Ordinance to AMEND Section 2-83 of the Code
of the City of Vtrginia Beach re hohdays by
eliminating George Washington's Birthday and
providing an addittonal Flexible Personal
Holiday for City employees.
The City Manager advised this Ordinance was in response to requests from employees regarding the day
after Thanksgiving being considered a Holiday. If one of the regular holidays shouM be exchanged for
a flexible leave day, employees could utilize the day after Thanksgiving as a flexible day. However, the
employee must receive approval from his or her Supervtsor for any leave other than holidays. This
Ordinance also represents overtime savings with a budgetary impact. Thts would mean the City would be
open an addittonal day resulting in better customer service.
ITEM # 42085
Council Lady McClanan advised she will vote NA Y:
1.3. Ordinance to TRANSFER $366,040 from the Tourism Growth
Investment Fund (TGIF) Reserve for Conttngencies to the FY
1996-1997 Operating Budget to implement the Resort Area
Trolley Pilot Program for the upcomtng tourist season'
a. $296,040 to the Department of Planning
b. $ 70, 000 to the Department of Public Works
Council Lady Parker inquired relative bicycles not betng allowed in this area.
As of now, the Traffic Engineering office is not recommending use of anything other than trolleys in this
area.
ITEM # 42086
The City Attorney advised this is a one year franchise with renewable terms.
L6
Ordinance to authorize the City Manager to enter into a Permit
Agreement with Oceanfront Watersports, Inc. re a personal
watercraft rental operation at the Oceanfront at 31st Street,
from 15 May to 15 September 1997, renewable for four (4)
consecutive four-month terms.
Assistant City Attorney Randy Blow advised this company was granted a franchise five years ago. When
this Agreement expired, the same firm was the successful btdder.
May 13, 1997
-3-
AGENDA RE VIEW SESSION
ITEM # 42087
Council Lady McClanan expressed concern:
J. 1
Resolution to authorize the Hampton Roads Partnership to
carry out the Regtonal Competitiveness Program (RCP);
approve the RCP fund distribution methodology, and, recetve,
on behalf of the City of Virginia Beach, all 1997 incentive
funding.
(Sponsored by Mayor Meyera E OberndorJ)
The City Manager advised essentially the total available is approximately $6-MILLION statewide. It is
not know how many regions throughout the State will be certified under the program as being eligible to
receive the funds. Virginia Beach believes they wtll receive approximately SI.S-MILLION. The City must
apply tn July and the awards will be received in September to the various re#tons. There must be a
specific program submitted to the State to be reviewed and authorized. The amount of $15,500 is
contained in the City's FY 1997-1998 OPERATING BUDGET for the Hampton Roads Partnership.
ITEM # 42088
~4rt Shaw, Operations Engineer - Public Works, advised this contract has been in the preparation stages
for almost 2 years On December 17, 1996, the City Council authorized and directed the City Manager
to invite public competitive bids for a lease, not to exceed forty (40) years, of 14.634 acres of Ctty-owned
proeprty in the Kempsvtlle Borough for joint access with the City and the operation, maintenance and
support of a construction/demolition/debris landfill adjacent to Landfill No. 2 pursuant to the Disposal
Services Agreement attached to the proposed lease:
I. 5 Ordinance to authorize the City Manager to enter into a Lease
(not to exceed forty (40) years) and Disposal Services
~4greement with Sanifill of Virginia, Inc. on 14 634 acres of
City-owned property adjacent to Landfill No. 2, off Jake Sears
Road, re jotnt access with the City and the operation,
maintenance and support of a construction/demolition/debris
landfill provided said agreements are executed and returned
to the Ctty wtthtn thtrty (30) days from the date of adoptton
(KEMPSVILLE BOROUGH).
ITEM # 42089
Council Members Baum and Branch referenced'
,I. 2
Resolution to recognize citizen concerns re quality of life issues
created by the Bow Creek Motel; direct the City Manager and
City ~4ttorney to take all actions necessary to address such
concerns; carry out study identified in CIP 4-003; and, prepare
the documents and analysis necessary for City Council to
consider the acceleration of funding, tf avatlable from the FY
1996-1997 year-end surplus, and implementation of this project
(Sponsored by Council Members Wilham W. Harrison, Jr. and
Reba S. McClanan)
The City ~4ttorney will provide a report relative their proposed actions on May 27, 1997. ~4n appraisal
of the property must be provided.
May 13, 1997
-4-
AGENDA RE VIEW SESSION
ITEM # 42O9O
Council Members requested amendments to said Resolution requesttng an effective date of October 1997.
J. 3. Resolution to express City Counctl's desire for implementation
of certain programs in the School Board FY 1997 - 1998
Operating Budget (Sponsored by Council Member Louisa M
Strayhorn):
a.
Class size reduction initiative
Expansion of at-risk programs
Expansion of capacity for Gifted and Magnet
School programming
Provision of a four percent (4%) compensation
increase to all eligible teachers
Councd Lady Strayhorn believed these programs could be funded within the School budget. However, she
was examining same from a point of view of September not July, thus Council Lady Strayhorn did not
incorporate a date within the Resolution.
The City Manager referenced proposed amendments:
At Line 14, substitute the following language:
"WHEREAS, in its FY 1997-1998 Operating Budget, City Council has
also provided local funding to the school system suffictent to provide all
eligible employees and teachers with compensatton mcreases based on
parity with the City, including, at the discretion of the School Board, 4%
increases for eligible teachers effective on or about October, 1997."
At Line 25, substitute the following language:
"(4) Provision of compensation increases to all school employees based
on parity with City funding of compensatton and including 4% increases
for ehgible teachers effective on or about October 1997; all without
negatively impacting other classroom instructional programs."
Councilman Harrison requested Council Lady Strayhorn WITHDRAW the Resolution Council Lady
McClanan referenced the School Supertntendent's letter advising he wouM not cooperate. Councilman
Harrison wouM like to hear the School Board's comments.
This item will be dtscussed during the FORMAL SESSION.
ITEM # 42091
BY CONSENSUS, the following ttems shall compose the CONSENTAGENDA:
ORDINANCES
L2
Ordtnance to A CCEPTand APPROPRIATE Grants of $48, 700
from the Library of Virginia to the Clerk of Circuit Court re
microfilming of deed books and purchase of a reader/printer;
and, increase estimated State revenues accordingly.
L3.
Or&nance to TRANSFER $366,040 from the Tourism Growth
Investment Fund (TGIF) Reserve for Contingencies to the FY
1996-1997 Operattng Budget to implement the Resort Area
Trolley Pilot Program for the upcoming tourist season:
a. $296,040 to the Department of Planning
b. $ 70, 000 to the Department of Public Works
May 13, 1997
-5-
,4 GENDA RE VIEW SESSION
ITEM # 42091 (Continued)
1.4
Ordinance to authorize temporary encroachments into a
portion of the City's drainage easement at 2233 Admiral Circle
by Joseph T Wool re construction and matntenance of a
wooden bulkhead
15
Ordinance to authorize the City Manager to enter tnto a Lease
(not to exceed forty (40) years) and Disposal Services
Agreement with Sanifill of Virginia, Inc. on 14 634 acres of
City-owned property adjacent to Landfill No. 2, off Jake Sears
Road, re joint access wtth the City and the operatton,
maintenance and support of a construction/demolition/debris
landfill provided said agreements are executed and returned
to the City within thirty (30) days from the date of adoptton.
(KEMPS I/ILL E B OR 0 UGH).
1.6
Ordinance to authorize the City Manager to enter into a Permit
Agreement with Oceanfront Watersports, Inc. re a personal
watercraft rental operatton at the Oceanfront at 31st Street,
from 15 May to 15 September 1997, renewable for four (4)
consecutive four-month terms.
RESOLUTIONS
J. 1
Resolution to authorize the Hampton Roads Partnership to
carry out the Regional Competitiveness Program (RCP);
approve the RCP fund dtstrtbutton methodology, and, receive,
on behalf of the City of Virgima Beach, all 1997 incentive
funding
(Sponsored by Mayor Meyera E. Oberndorj)
J. 2
Resolution to recognize citizen concerns re quality of life issues
created by the Bow Creek Motel; direct the City Manager and
Ctty ~4ttorney to take all acttons necessary to address such
concerns, carry out study identified in CIP 4-003; and, prepare
the documents and analysis necessary for Ctty Council to
consider the acceleration of funding, if available from the FY
1996-1997 year-end surplus, and implementation of this project.
(Sponsored by Counctl Members Wtlliam W. Harrison, Jr. and
Reba S. McClanan)
May 13, 1997
-6-
AGENDA RE VIEW SESSION
ITEM # 42092
Councilman Harrison wtshed discussion during the Formal Session, as there was OPPOSITION:
K. 3 Application of DANIEL E. POSTON for a Condtttonal Use
Permit for motor vehicle sales, service and truck rentals on the
South side of Vtrginia Beach Boulevard, 300 feet West of
Foundry Lane (2825 Virgtnta Beach Boulevard), containing
one (1) acre (L YNNHA VEN BOROUGH).
ITEM # 42093
Council Lady McClanan expressed concern as this application was APPROVED by a 4-2 Vote with 2
Abstentions at the Planning Commission. Council Lady Henley requested the applicant, during the Formal
Session, provtde an explanation of the plan. Council Lady Parker requested copies of the site rendering
be presented.
K. 4 Application of R. S. DICKSONAND COMPANY for a Change
of Zoning District Classification from A-12 Apartment Dtstrict
to Conditional RT-3 Resort Tourist District at the Southwest
intersection of 3Oth Street and Arctic Avenue, containing 32, 328
square feet (VIRGINIA BEACH BOROUGH).
ITEM # 42094
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA'
K 1 Application of BECO CONSTRUCTION, INC. for a Variance
to Section 4 4(b) of the Subdivision Ordinance re all lots
created by subdivision meet all requirements of City Zontng
Ordinance on the South side of Broad Bay Road, 230feet more
or less East of Hackberry Road (L YNNHA VEN BOROUGH).
K. 2 Application of LYNNHAVEN MARINA, L.L.C. for a
Condtttonal Use Permit for a marina on the East side of Great
Neck Road West, beginning 950 feet more or less South of
Lynnhaven Drive (2101 Great Neck Road WesO, containmg
1.249 acres (L YNNHA VEN BOROUGH).
K. 5
Application of RICHARD and LEAH WAITZER for a Change
of Zoning District Classification from 0-2 Office District to .0-1
Office Dtstrtct on the West side of First Colonial Road, 350feet
more or less North of Old Donation Parkway (1115 First
Colonial Road), containing 25, 003.44 square feet
(L YNNHA FEN B OR O UGH).
K6
Application of COWAN CONSTRUCTION AND DESIGN,
INC. for a Change of Zoning District Classification from A-12
Apartment District to R-5S Residential Single Faintly Dtstrict
at the Southeast corner of Alabama Avenue and GarfieM
Avenue on Lots 1 through 9, Block 8, Pecan Gardens,
containing 21,997. 04 square feet (PRINCESS ANNE
BOROUGH).
K. 7
Apphcatton of the CITY OF VIRGINIA BEACH to AMEND
and REORDAIN Sections 1521 and 1524 of the City Zomng
Ordinance re off-site parking facilities in the Resort Tourist
District (R T-3).
May 13, 1997
-7-
CITY COUNCIL CONCERNS
12:28 P.M.
ITEM # 42095
Vice Mayor Sessoms inquired relative the status of cameras to be utilized for enforcement of cittzens
"running red lights". The City Manager advised a report will be provided as this was investigated
approximately two years ago
Vice Mayor Sessoms and Council Henley advised the public sector appears to be in favor of this.
Council Lady Henley said the State legislation was passed and a "pilot program" was being utilized in
Northern Virgtnia.
Councilman Heischober advised in some cities, there are citizens who possess "safe driving records" for
a certain number of years and these individuals would report cttizens "running red lights". A nottficatton
is then sent to the offenchng party. An arrest cannot be made by these reporttng citizens.
Councilman Jones expressed concern relative funeral processions proceeding through red lights. These
involve Police Escorts, but there is no record of the license plate numbers of autos in the funeral
procession, and the Police Escort is forward of the procession and not there to see the last cars through
the light. King Neptune's Bus will be going through lights as well.
ITEM # 42096
Council Lady Parker referenced the correspondence relative the Salem Road Project involving the
Wallace property. Vice Mayor Sessoms advised this will be discussed during the EXECUTIVESESSION.
ITEM # 42097
Councd Lady Parker expressed concerns relative the Economic Alliance and the recent events which have
occurred. Council Lady Parker wished the guidelines be provided.
The City Manager advised the Economic Alliance will be developtng the guidelines with the new program,
which represents a much larger partnership between the Public and Private Sector The mechantsm to be
utilized is for the five regional Economic Development Directors to draft the guidelines.
Councilman Branch requested information regarding gutdelines of the Economic Alliance be presented
during a City Council Session prior to July 1, 1997. Council Member Branch inquired relative the funding
mechanism and was there any consideration given to each locality paytng a base fee and then for each
business brought tn a commisston would be paid.
The City Manager advised frequently a company that is interested in the area wtll request meetings with
representatives of the private sector ~nancial community, the legal community) and speak to an existing
business about labor market conditions.
Vice Mayor Sessoms expressed concern relative the handling of the Chubb Insurance project. However,
he is a strong supporter of this particular program and is hoping the City's representation on the Board
will allow the City to utilize their influence and be more aggressive tn obtatntng industry.
The City Manager advised this was unfortunately handled Nothing was done inappropriately; but, the
perception was poor. The City Manager advised the concerns were reiterated to the Alliance. Virginia
Beach will have more votes on this particular board than any other participant. The Forward Hampton
Roads program ts changing the name of their organization to the Economic ,4lliance.
Donald Maxwell, Director of Economic Development, advised this particular proJect (Chubb Insurance)
was a State contact and was filtered through the regional authorities and the communittes were told not
to make direct contact without going through the Region. Mr. Maxwell advised many attempts were made
to obtain permission for the City of Virginia Beach, but these were all denied. The annual budget of the
Economic Alliance will be $2-MILLION. The City's contribution will be $432,000, representing One
Dollar ($1.00) per capita. Mr Maxwell will advise relative the total number of votes the City will be able
to uttlize. There will also be significant funds from the private sector.
May 13, 1997
-8-
ITEM # 42098
Vice Mayor Wilham D. Sessoms, Jr., called to order the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Ctty Council Conference Room, City Hall Building, on Tuesday, May
13, 1997, at 12:55 P M.
Council Members Present'
John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan
Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Loutsa M.
Strayhorn
Council Members .4bsent.
Mayor Meyera E. Oberndorf
May 13, 1997
-9-
ITEM # 42O99
Vice Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following
purpose:
PERSONNEL MA TTERS: Discusston or constderation of or intervtews
of prospecttve candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific pubhc officers, appotntees, or employees pursuant to Section
2.1-344 (A) (I).
Appointments - Boards and Commissions.
Medical College of Hampton Roads
PUBLICLY-HELD PROPERTY: Discussion or consideratton of the
condition, acquisition, or use of real property for public purpose, or of
the disposttion of publicly-held property, or of plans for the future of an
tnstitution whtch could affect the value of property owned or desirable for
ownershtp by such institution pursuant to Section 2.1-344(A)(3).
Acquisitton of Property
Southeastern Parkway and Greenbelt
Pungo/Princess Anne Boroughs
Salem Road Project
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertainmg to actual or probable
htigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7)
Real Estate Issues
Pungo/Prtncess Anne Boroughs
Upon motion by Council Lady Parker, seconded by Councilman Jones, Ctty Council voted to proceed into
EXECUTIVE SESSION (1:00 P.M.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Wilham W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Loutsa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
May 13, 1997
- 10-
FORMAL SESSION
VIRGINIA B EA CH CITY CO UNCIL
May 13, 1997
2:15 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, Ctty Hall Buildmg, on Tuesday, May 13, 1997, at 2 15 P.M
Councd Members Present.
John A Baum, Ltnwood O. Branch, III, Wtlliam W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan,
Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D
Sessoms, Jr. and Loutsa M. Strayhorn
Counctl Members Absent'
None
INVOCATION
Reverend Noah Stolzfus
Landstown Commumty Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, betng a Corporate Officer of Central Fidelity Bank dtsclosed there were no matters
on the agenda tn which he has a "personal interest", as defined tn the Act, etther individually or tn his
capactty as an officer of Central Ftdehty Bank. The Vice Mayor regularly makes thts Dtsclosure as he may
or may not know of the Bank's interest tn any apphcatton that may come before Ctty Counctl Vtce Mayor
Sessoms ' letter of January 1, 1997, ts hereby made a part of the record
May 13, 1997
-11-
Item IV-E.
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 42100
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public bustness matters lawfully exempted from Open Meettng
requirements by Vtrginta law were discussed in Executive Session to
which this certification resolution applies,
AND,
Only such pubhc business matters as were identified in the motion
convening the Executive Session were heard, discussed or constdered by
Virginta Beach City Council.
Voting: 11-0
Council Members Voting Aye'
John A. Baum, Ltnwood O. Branch, III, Wdliam W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. OberndorJ~, Nancy K. Parker, Vice Mayor William D
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 13, 1997
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 tt 42099 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 certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
~-~tl(Hodges Smith, CMC/AAE
City Clerk
May 13, 1997
- 12-
Item IV-F. 1.
MINUTES
ITEM # 42101
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Councd APPROVED
the Minutes of the INFORMAl, AND FORMAl, SESSIONS of May 6, 1997.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay'
None
Council Members Absent:
None
May 13, 1997
- 13-
Item IV-G. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 42102
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 13, 1997
- 14-
IV-L I.a.
ORDINANCES
RESOURCE MANA GEMENT PLAN
ITEM # 42103
F Y 199 7 - 1998 OPERA TING BUD GE T APPR OPRIA TI ONS
The following citizens were registered and shared their concerns:
Mike Hamar, represented Virginia Beach Association for Gifted and Talented, 1597 Bay Point Drive,
Phone: 625-1214
Doris Krantz, 1445 North Woodhouse Road, Phone: 481-1570
Mike ~4rsuaga, 520 Surfside ~4venue, Phone: 425-7084
~4nn Donnai, 904 Royal Oak Close, Phone: 498-7221
Maria Zammkit, 6110 Ocean Front ~4venue, Phone: 422-8445
Mike Katsias, 4500 Holland Office Park, Phone: 490-3585
Dick McKinney, 2605 Ridley Place, Phone: 481-0566
Melody Cooper, represented the Virginia Education Association, 445 Kings Grant Road, Phone: 480-0202
Captain J. H. Campbell, USN, 1429 North Woodhouse Road, Phone: 496-7367
Dean Da$ilva, 106 Dunbar Drive, Suffolk, Phone: 539-4349
Frankland Babonis, 1247 Culver Lane, Phone: 427-6826
Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED AS
AMENDED: FY 1997- 1998 OPERATING BUDGETAND APPROPRIATIONS (Items 1 thru 9), with
amendments reflected in Attachment B, appropriating $960,981,529 in Operations and $337,827,065 in
Interfund Transfers.
Ordinances to:
I,
Establish the Tax levy on Real Estate for Fiscal Year 1998 at
One Dollar and Twenty-two cents ($1.22) on each One
Hundred Dollars ($100) of assessed valuation.
2.
Establish the Tax levy on personal property and machinery
and tools for the Calendar Year 1998 at the rate of Three
Dollars and Seventy Cents ($3.70) on each One Hundred
Dollars ($100) of assessed valuation.
.
AMEND Section 35-159 of the Code of the City of Virginia
Beach re by extending the "Sunset"provision of the lodging tax
and increasing the tax rate on transient lodging within the
Sandbridge Special Service District.
4. Extend the term of the Virginia Beach Advertising Advisory
Committee.
AMEND Sections 35-115 and 35-254 of the Code of the City
of Virginia Beach by increasing the dollar amount of monthly
utility service and local telecommunication service that is
subject to taxation
AMEND Section 2-83 of the Code of the City of Virginia Beach
re holidays by eliminating George Washington's Birthday and
providing an additional Flexible Personal Holiday for City
employees.
AMEND Sections 32.5-2 and 32.5-5 of the Code of the City of
Virginia Beach by increasing the Stormwater Management
Utility Rate and establishing the rate of interest for unpaid
charges.
May 13, 1997
- 15-
IV-L 1.a.
ORDINANCES
RESOURCE MANAGEMENT PLA~TEM # 42103 (Continued)
FY 1997 - 1998 OPERA TING BUDGET APPROPRIATIONS
.
.
Authorize the City Manager to submit an Annual Funding
Plan to the Department of Housing and Urban Development
(HUD).
APPROPRIATE for the Fiscal Year beginning July 1, 1997,
and ending June 30, 1998, in the sum of Nine Hundred Sixty
Million, Nine Hundred Eighty-one Thousand, Five Hundred
Twenty-nine Dollars ($960,981,529)for Operations and Three
Hundred Thirty-seven Million, Eight Hundred Twenty-seven
Thousand, Sixty-Five Dollars ($337,827,065) in Inter. fund
Transfers and regulating the payment of money out of the City
Treasury, as amended.
Voting: I1-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan*,
Mayor Meyera E. Oberndorf, Nancy K. Parker**, Vice Mayor William
D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
*Council Lady McClanan stated her VERBAL NAY vote on Items 5, 6 and 7.
**Council Lady Parker stated her VERBAL NAY vote on Item 3.
Councilman Harrison DISCLOSED, pursuant to Section 2.1-639.14(G), Code of Virginia, his wife is
currently employed by the School Board as a guidance counselor earning an annual salary in excess of
$10,000. Councilman Harrison wishes to disclose this interest and declare that he is able to participate
in the transaction fairly, objectively and in the public interest.
May 13, 1997
City of Virginia Fleaeh
WILLIAM W HARRISON, JR
COUNCILMAN - LYNNHAVEN BOROUGH
(804) 628-5565
2088 THOMAS BISHOP LANE
VIRGINIA BEACH, VIRGINIA 23454
May 13, 1997
Mrs. Ruth Hodges Smith, CMC/AAE
C ty Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
ie
The "transaction" for which I am executing this written disclosure is the City
Council's discussion and vote on the FY 1997-98 Operating and Capital
Budgets which include funding for the Virginia Beach School Board.
o
The nature of my personal interest is that my wife is currently employed by
the School Board as a guidance counselor earning an annual salary in excess
of $10,000.
e
The City Attorney has advised me that as a School Board employee, my wife
is a member of a group, i.e., all School Board employees, the members of
which may be affected by the transaction.
e
The City Attorney has advised me that I am not required to disclose this
interest since it does not meet the criteria of a "personal interest in a
CITY OF VIRGINIA BEACH
OFFICE OF THE CITY MANAGER ! CITY HALL
MUNICIPAL CENTER I VIRGINIA BEACH, VA 2;3456-9019
PHONE (757) 427-4242.
May 16, 1997
TO- Mayor and City Council
FROM: James K. Spore, City Mann e(~~
SUBJECT: Possible Future Tax Impact Estimates for City and School Infrastructure
In preparing for a meeting with the editonal staff of the "Virglma Pilot", I asked staff to pull together some
estimates of costs and tax rate impact of known unmet requ;rements ;n both City and School facilities and
related programs. The summary of these data are in the chart below
Estimated Possible
Tax Impact
Item / Program Area (cents on real
estate tax rate)
FY 99-00 currently programmed for School CIP purposes 2 5
School technology, modernization, portable reduction 44 0
City ;nformation technology needs I 5
_
C~ty building maintenance backlog 1 5
· · . --,
Library referendum 6.0
., ., .
C;ty.public works ~nfrast,ru ,ct, ure maintenance and backlog 8.5 .....
Total possible real estate tax rate ~ncrease 64.0
W~th the exception of the first ~tem, none of these have been placed before you as recommendations for
action nor is this intended as a recommendation for these items. Other items could probably be added and
certainly costs are not at a policy decision level These are merely preliminary calculahons based on
identified areas for possible repair or enhancement at estimated costs to illustrate the magnitude of the
issues ~n ~nfrastructure modernization and maintenance that face V~rgin~a Beach and virtually every other
local government in the country, If you w~sh more reformation on this, I am available to discuss ~t
CRy of Virginm Beach, Virg~ma
FY 1997-1998 Oper~ng Budget
Summary of City Council Reconciliation Workshop Amendments
-stimatad Revenue
Proposed FY 1997-1998 Operating Budget
Real Estate Taxes - Sandbridge Special Sennce District
Hotel Lodging Taxes - Sandbridge Special Sennce District
State Share Sales Tax - School Operating Fund
Federal Impact Aid - School Operating Fund
Fee Revenues - School Operating Fund
Mtscellaneous Revenue - School Grants Fund
Rmmbursement for FMC Governor/Mayor Vehicle Lease Program
General Fund - Fund Balance from School Surplus
Parks and Recreation Specml Revenue Fund - Fund Balance
Amount
956,853,569
122,257
69,726
470,000
250,000
30,000
1,431,513
4,464
1,700,000
50~000
Adopted FY 1997-1998 Operating Budget
Appropriations
, oposed FY 1997-1998 Operating Budget
Mumc~pal Councd
FMC GovemorlMayor Vehicle Lease Program
Agnculture
Farmer's Market Adverbs~ng and Entertainment
Arts and Humanibes Comm~smn
Accelerate $1 per Capita
Library
Extended hours for Pungo Idbrary Phased - In
General Sennces
Reduction to Cap,al Replacements
Planning Department
Chesapeake Bay Preservation Board - Staff support
Regmnal Parb=pation
Endependence Center - Funding at FY 1996-97 Level
Tidewater Legal Aid - Funding at FY 1996-97 Level
Fmre
Thirteen F~re Fmghters(Phased - In Hiring) to address OSHA requirements
Parks and Recreation
Kempsvflle Recreation Center Equipment
Buildings CapRal ProJects Fund
Landscape Beaubficatton P~lot Project
Schools( AdJustments based on School Board adopted Budget)
Pay-as-you-Go CapRal Budget Ailocabon
School Grants Fund - Correcbon to Budget
School Textbook Fund
School Opera, rig Fund - CRy Manager recommended total budget after th~s
adjustment would be as follows:
Instru~on
Adm~mstrabon, Attendance and Hea~
Transportabon
Operations and Maintenance
Total
Sandbndge Special Se~ce D~stnct
Funding provided by Tax Increase
General Fund Reserve for Conflngencms
Reducbon to fund above Rems
$ 339,680,377
12,044,294
16,128,482
43~198~552
$ 411~051~705
956,853,569
4,464
5,000
61,040
20,000
(250,000)
29,640
32,50O
8,750
159,997
50,000
100,000
(1,000,000)
1,431,513
1,700,000
2,000,000
191,983
(416,927)
Adopted FY 1997-1998 Operabng Budget
Note School Operabng Fund to be appropnated by Category
$ 960,981~529
Attachment B
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR BEGINNING JULY 1, 1997 AND ENDING JUNE 30, 1998
IN THE SUM OF $960,981,529 FOR OPERATIONS AND
$337,827,065 IN INTERFUND TRANSFERS AND
REGULATING THE PAYMENT OF MONEY OUT
OF THE CITY TREASURY, AS AMENDED
7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the mty for the fiscal year
8 beginning July 1, 1997, and ending June 30, 1998, and it is necessary to appropnate sufflment funds to cover said budget.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
10 Section 1. That the amounts named aggregating ONE BILLION, TWO HUNDRED NINETY-EIGHT MILLION, EIGHT
11 HUNDRED -EIGHT THOUSAND, FIVE HUNDRED NINETY-FOUR DOLLARS ($1,298,808,594) consisting of THREE HUNDRED
12 THIRTY-SEVEN MILLION, EIGHT HUNDRED TWENTY-SEVEN THOUSAND,SIXTY-FIVE DOLLARS ($337,827,065) in
13 mterfund transfers and NINE HUNDRED SIXTY MILLION, NINE HUNDRED EIGHT-ONE THOUSAND, FIVE HUNDRED
14 TWENTY-NINE DOLLARS ($960,981,529) for operating or so much thereof as may be necessary as set forth in the Annual
15 Budget for the f.scal year 1997-1998, are hereby appropriated subject to the conditions hereafter set forth, for the year
16 1 997-1 998, for the use of the several departments and specially designated funds of the city governments, and for the
17 purpose hereafter mentioned, as set forth in sa~d Annual Budget, which is hereby ~ncorporated by reference, for the fiscal
18 year beginning July 1, 1997, and ending June 30, 1998, as follows:
Mun~mpal Councd
C~ty Clerk
C~ty Manager
Pubhc Informat,on Off,ce
C,ty Attorney
Commms~oner of the Revenue
Board of Equahzat,on
C~ty Real Estate Assessor
C~ty Treasurer
D~rector of F,nance
Human Resources
C,rcu~t Court
General D,strmt Court
Juvende and Domestm Relatmns D~stnct Court
Medmal Examiner
Commonwealth's Attorney
Clerk of the C,rcu~t Court
Mag,strates
Juvemle Probatmn
Health
Socml Servmes
Pohce
Pubhc Works
L~brary
Planning and Commun,ty Development
Agriculture
Economm Development
General Serv,ces
General Regmtrar
Zoning Board of Appeals
Arts and Human,tins Commms,on
Mass Trans,t Operatmns
Wetlands Board of Wrgm,a Beach
V, rgmm Beach Volunteer Councd
V,deo Servmes
Community Organizatmn Incentwe Grants
Employee Spec,al Benefits
Benefits Admm~stratmn
Revenue Re,mbursements
Regional Partm~patmn
Independent F~nanc~al Servmes
Arts Center Grant
F,re
Emergency Medmal Servmes
Museums
Management Servmes
Convention and V,s~tor Development
Housing and Neighborhood Preservat, on
Reserve for Contmgenmes
Transfer to Other Funds
TOTAL GENERAL FUND
Instruct,on
Adm~n,stration, Attendance, and Health
Pupd Transportat,on
Operations and Ma,ntenance
TOTAL SCHOOL OPERATING FUND
GENERAL FUND
SCHOOL OPERATING FUND
$ 342,518
320,842
787,989
634,593
2,112,398
3,601,875
18,722
1,822,305
4,046,302
3,385,051
2,533,909
702,815
272,500
121,633
11,000
3,396,221
549,039
20,011
1,868,103
2,077,703
20,209,852
46,657,159
48,342,670
8,956,029
6,776,194
740,848
1,340,211
21,672,073
698,053
39,071
432,278
1,437,500
12,982
33,429
726,740
226,643
745,127
186,600
1,623,279
1,336,629
70,000
79,921
23,660,715
1,935,652
377,898
1,579,652
4,298,582
1,914,122
6,171,532
304,925,169
535,832,13, 9
$ 339,680,377
12,044,294
16,128,482
43,198,552
$ 411,051,705
Educat,on - Grants
TOTAL SCHOOL GRANTS FUND
SCHOOL GRANTS FUND
$ 20,169,472
$ 20,169,472
Education - Textbook
TOTAL SCHOOL TEXTBOOK FUND
SCHOOL TEXTBOOK FUND
$ 7,990,755
$ 7,990,755
FY t 997,-98
GRANTS CONSOLIDATED FUND
Commonwealth's Attorney (DCJS - V~ctlm/W~tness Grant)
Commonwealth's Attorney (DCJS - V-STOP)
Shenff and Corrections (Pre-Thai Program)
Housing and Nmghborhood Preservation (Section 8 Housing)
Houmng and Neighborhood Preservation
Reserve for Contingencies
TOTAL GRANTS CONSOLIDATED FUND
SCHOOL ATHLETIC SPECIAL REVENUE FUND
Education - Athletic
TOTAL SCHOOL ATHLETIC SPECIAL REVENUE FUND
$ 103,369
79,262
164,856
319,670
569,000
100,000
$ 1,336,157
$ 1,244,087
$ 1,244,087
Mrs. Ruth Hodges Smith
-2- May 13, 1997
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
transaction" under the Act. Nevertheless, I wish to disclose this interest and
declare that I am able to participate in the transaction fairly, objectively, and
in the public interest.
Accordingly, I respectfully request that you record this declaration in your official records.
Thank you for your assistance and cooperation in this matter.
William W. 5son, J .~.~/
Councilmember
WWHJr./lcb
Enclosure
ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND
Video Services (Cable Access)
TOTAL ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND
FEDERAL HOUSING ASSISTANCE GRANT FUND
Housing and Ne,ghborhood Preservat,on (Home Program)
TOTAL FEDERAL HOUSING ASSISTANCE GRANT FUND
POLICE AIRPLANE SPECIAL REVENUE FUND
Pohce (Airplane Enterprise)
TOTAL POLICE AIRPLANE SPECIAL REVENUE FUND
FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND
Housing and Neighborhood Preservation (Section 8)
Transfer to Other Funds
TOTAL FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND
COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND
Comprehensive Serwces Act
Transfer to Other Funds
TOTAL COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND
SHERIFF'S DEPARTMENT SPECIAL REVENUE FD
Shenff and Corrections
Reserve for Contingencies
TOTAL SHERIFF'S DEPARTMENT SPECIAL REVENUE FD
INMATE SERVICES SPECIAL REVENUE FUND
Shenff and Corrections (Inmate Serv,ces)
Transfer to Other Funds
TOTAL INMATE SERVICES SPECIAL REVENUE FUND
PARKS AND RECREATION SPECIAL REVENUE FUND
Parks and Recreation
General Serwces
Reserve for Contmgencms
Transfer to Other Funds
TOTAL PARKS AND RECREATION SPECIAL REVENUE FUND
TOURISM GROWTH INVESTMENT FUND
Museums
Convent,on and V~s,tor Development (TGIF)
Reserve for Contingencies
Transfer to Other Funds
TOTAL TOURISM GROWTH INVESTMENT FUND
POLICE STORE SPECIAL REVENUE FUND
Pohce $
TOTAL POLICE STORE SPECIAL REVENUE FUND $
SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND
$ 40,434
$ 40,434
$ 1,042,000
$ 1,042,000
$ 438,120
$ 438,120
$ 470,952
23,645
$ 494,597
$ 6,149,293
20,794
$ 6,170,087
$ 14,084,582
33,000
$ 14,117,582
200,711
24,551
$ 225,262
$ 15,520,055
1,400,000
239,202
48,066
$ 17,207,323
$ 50,500
100,000
1,369,062
10,391,266
$ 11,910,828
20,000
20,000
Transfer to Other Funds $ 829,693
TOTAL SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND $ 829,693
EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND
Emergency Medical Serwces $ 1 52,046
TOTAL EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND $ 152,046
FIRE PROGRAMS SPECIAL REVENUE FUND
F~re (F~re Programs)
Transfer to Other Funds
TOTAL FIRE PROGRAMS SPECIAL REVENUE FUND
$ 210,000
332,510
$ 542,510
AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND
Agnculture (Agricultural Reserve Program)
Reserve for Contingencies
Transfer to Other Funds
TOTAL AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND
$ 1 66,374
436,146
2,538,997
3,141,517
TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND
Convention and V~sltor Development (Tourism Advertising)
Reserve for Contingencies
TOTAL TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND
$ 5,704,603
4,656
$ 5,709,259
Public Utlht~es
Debt Serwce
Reserve for Contingencies
Transfer to Other Funds
TOTAL WATER AND SEWER FUND
WATER AND SEWER FUND
55,048,808
11,795,393
1,307,174
7,427,577
75,578,952
GOLF COURSES ENTERPRISE FUND
Parks and Recreation (Golf Courses)
Reserve for Contingencies
Transfer to Other Funds
TOTAL GOLF COURSES ENTERPRISE FUND
1,930,728
42,304
570,329
2,543,361
18,020,604
18,020,604
SCHOOL CAFETERIAS ENTERPRISE FUND
Education - Cafeteria
TOTAL SCHOOL CAFETERIAS ENTERPRISE FUND
MARINE SCIENCE MUSEUM ENTERPRISE FUND
Museums (V~rglnla Manne Science Museum)
Museums
Reserve for Contlngenmes
Transfer to Other Funds
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND
5,347,396
1,217,950
233,092
4,508,625
$ 11,307,063
PARKING ENTERPRISE FUND
Pubhc Works (Parking Systems Management)
Reserve for Contingencies
Transfer to Other Funds
TOTAL PARKING ENTERPRISE FUND
1,499,875
43,750
114,969
1,658,594
STORM WATER UTILITY ENTERPRISE FUND
Public Works (Storm Water Operations)
Pubhc Works
Reserve for Contingencies
Transfer to Other Funds
TOTAL STORM WATER UTILITY ENTERPRISE FUND
917,399
6,120,760
90,996
4,467,273
11,596,428
Debt Service
TOTAL GENERAL DEBT FUND
GENERAL DEBT FUND
83,236,127
83,236,127
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
Water and Sewer Capital Projects
TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
$ 2,500,000
2,500,000
ENGINEERING & HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
Roadways Capital Projects
Economic and Tourism Development Capital Projects
Coastal Capital Projects
TOTAL ENGINEERING & HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
RESORT PROGRAM CAPITAL PROJECT FUND
Economic and Tourism Development Capital Projects
TOTAL RESORT PROGRAM CAPITAL PROJECT FUND
5,248,092
1,918,021
1,656,473
8,822,586
2,500,000
2,500,000
F~ ~1997~98
PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND
Parks and Recreation Capital Projects
TOTAL PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
BuildIng CapItal Projects
TOTAL BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
STORM WATER CAPITAL PROJECT FUND
Storm Water Cap,tal Projects
TOTAL STORM WATER CAPITAL PROJECT FUND
TOTAL BUDGET APPROPRIATIONS
Less Interfund Transfem
NET BUDGET APPROPRIATIONS
$ 1,502,569
$ 1,502,569
$ 1,570,727
$ 1,570,727
$ 2,825,370
$ 2,825,370
$1,298,808,594
337,827,065
$ 960,981,529
Sect.on 2: That, in accordance w~th Section 5.04 of the City Charter, Estimated Revenue in support of
Appropriations as set forth in sa~d Annual Budget are as follows:
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Permits, Privilege Fees, and Regulatory Licenses
F~nes and Forfeitures
From the Use of Money and Property
Charges for Services
M~scellaneous Revenue
Revenue from the Commonwealth
Non-Categorical A~d
Shared Expenses (Categorical)
Categorical Aid
Revenue from the Federal Government
Payments ~n Lieu of Taxes
Non-Categoncal Aid
Categorical A~d
Non-Revenue Receipts
Transfers from Other Funds
Specific Fund Reserves
TOTAL GENERAL FUND
GENERAL FUND
$ 312,369,460
144,774,159
3,826,604
3,71 5,027
6,078,434
5,416,277
801,904
1,553,568
2,820,625
34,553,854
277,673
394,027
10,104,707
680,000
6,765,820
1,700,000
$ 535,832,139
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
M~scellaneous Revenue
Revenue from the Commonwealth
Categorical A~d
Revenue from the Federal Government
Categorical A~d
Transfers from Other Funds
TOTAL SCHOOL OPERATING FUND
SCHOOL OPERATING FUND
380,000
1,239,709
708,079
217,633,678
873,027
7,986,640
182,230,572
$ 411,051,705
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Categorical Aid
Revenue from the Federal Government
Categorical Aid
TOTAL SCHOOL GRANTS FUND
SCHOOL GRANTS FUND
$ 1,911,210
7,074,055
11,184,207
$ 20,169,472
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
M~scellaneous Revenue
Revenue from the Commonwealth
Categorical Aid
Transfers from Other Funds
Specific Fund Reserves
TOTAL SCHOOL TEXTBOOK FUND
Revenue from the Commonwealth
Categorical A~d
Revenue from the Federal Government
Categorical A~d
Transfers from Other Funds
SCHOOL TEXTBOOK FUND
GRANTS CONSOLIDATED FUND
$ 40,000
7,000
934,000
2,604,483
1,700,000
2,705,272
7,990,755
347,551
840,323
148,283
TOTAL GRANTS CONSOLIDATED FUND $ 1,336,157
SCHOOL ATHLETIC SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Serwces
M~scellaneous Revenue
Spemfic Fund Reserves
TOTAL SCHOOL ATHLETIC SPECIAL REVENUE FUND
$ 25,000
373,000
784,687
61,400
1,244,087
FEDERAL POLICE DEPARTMENT GRANT FUND
Revenue from the Federal Government
Categorical Aid
Transfers from Other Funds
TOTAL FEDERAL POLICE DEPARTMENT GRANT FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Specific Fund Reserves
TOTAL LAW LIBRARY FUND
LAW LIBRARY FUND
1,684,289
2,330,133
4,014,422
28,570
236,600
86,000
$ 351,170
PENDLETON CHILD SERVICE CENTER FUND
Revenue from Local Sources
From the Use of Money and Property
M~scellaneous Revenue
Revenue from the Commonwealth
Categorical A~d
Revenue from the Federal Government
Categor,cal Aid
Transfers from Other Funds
Specific Fund Reserves
TOTAL PENDLETON CHILD SERVICE CENTER FUND
EMERGENCY E-91 1 COMMUNICATIONS SPECIAL REVENUE FUND
Revenue from Local Sources
Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
TOTAL EMERGENCY E-911 COMMUNICATIONS SPECIAL REVENUE FUND
16,000
193,334
513,675
10,684
377,989
29,500
1,141,182
,
4,776,537
5,000
1,212,571
$ 5,994,108
COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND
Revenue from the Federal Government
Non-Categorical Aid
Transfers from Other Funds
TOTAL COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND
$ 2,369,000
135,422
$ 2,504,422
COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property
Revenue from the Commonwealth
Categorical A~d
TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
MH/MR/SA SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
U~scellaneous Revenue
Revenue from the Commonwealth
Categorical A~d
Revenue from the Federal Government
Categorical A~d
Transfers from Other Funds
TOTAL MH/MR/SA SPECIAL REVENUE FUND
2,639
367,503
370,142
85,880
1,221,310
123,000
11,280,422
1,745,326
5,352,949
$ 19,808,887
FY 1997~98
Revenue from Local Sources
From the Use of Money and Property
Revenue from the Federal Government
Non-Categorical A~d
Non-Revenue Receipts
TOTAL CD LOAN AND GRANT FUND
CD LOAN AND GRANT FUND
HOMELESS INTERVENTION FUND
Revenue from the Commonwealth Categorical AId
TOTAL HOMELESS INTERVENTION FUND
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
Specific Fund Reserves
TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND
ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND
Revenue from Local Sources
U~scellaneous Revenue
TOTAL ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND
FEDERAL HOUSING ASSISTANCE GRANT FUND
Revenue from the Federal Government
Categorical A~d
Non-Revenue Receipts
TOTAL FEDERAL HOUSING ASSISTANCE GRANT FUND
POLICE AIRPLANE SPECIAL REVENUE FUND
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Categorical A~d
Revenue from the Federal Government
Categoncal A~d
TOTAL POLICE AIRPLANE SPECIAL REVENUE FUND
FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND
Revenue from the Federal Government Categoncal AId
TOTAL FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND
COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND
Revenue from Local Sources
M~scellaneous Revenue
Revenue from the Commonwealth
Categorical A~d
Transfers from Other Funds
TOTAL COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND
SHERIFF'S DEPARTMENT SPECIAL REVENUE FD
Revenue from Local Sources
Charges for Services
M~scellaneous Revenue
Revenue from the Commonwealth
Shared Expenses (Categoncal)
Revenue from the Federal Government
Shared Expenses (Categorical)
Transfers from Other Funds
TOTAL SHERIFF'S DEPARTMENT SPECIAL REVENUE FD
INMATE SERVICES SPECIAL REVENUE FUND
Revenue from Local Sources Charges for Services
TOTAL INMATE SERVICES SPECIAL REVENUE FUND
$ 100,000
799,000
75,000
$ 974,000
$ 168,700
168,700
153,607
153,607
$ 40,434
40,434
1,030,000
12,000
1,042,000
36,250
355,260
46,610
$ 438,120
$ 494,597
$ 494,597
$ 139,597
4,038,616
1,991,874
$ 6,170,087
$ 496,454
86,400
9,851,857
321,200
3,361,671
14,117,582
$ 225,262
$ 225,262
PARKS AND RECREATION SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Serwces
Transfers from Other Funds
Spemflc Fund Reserves
TOTAL PARKS AND RECREATION SPECIAL REVENUE FUND
500,575
6,174,804
10,276,692
255,252
TOURISM GROWTH INVESTMENT FUND
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Spemflc Fund Reserves
TOTAL TOURISM GROWTH INVESTMENT FUND
POLICE STORE SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property
TOTAL POLICE STORE SPECIAL REVENUE FUND
SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND
17,207,323
89,000
10,079,328
1,742,500
11,91 0,828
20,000
20,000
Revenue from Local Sources
General Property Taxes
Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
TOTAL SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND
EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND
Revenue from the Commonwealth Categorical A~d
TOTAL EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND
FIRE PROGRAMS SPECIAL REVENUE FUND
Revenue from the Commonwealth Categoncal A,d
TOTAL FIRE PROGRAMS SPECIAL REVENUE FUND
AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND
Transfers from Other Funds
TOTAL AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND
TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
M~scellaneous Revenue
Transfers from Other Funds
TOTAL TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Serwces
MIscellaneous Revenue
Non-Revenue Receipts
Spemflc Fund Reserves
TOTAL WATER AND SEWER FUND
WATER AND SEWER FUND
GOLF COURSES ENTERPRISE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Serwces
TOTAL GOLF COURSES ENTERPRISE FUND
244,514
348,631
18,000
218,548
829,693
$ 152,046
152,046
$ 542,510
542,510
$ 3,141,517
$ 3,141,517
17,000
11,600
40,000
5,640,659
5,709,259
3,378,099
68,732,903
106,955
2,860,995
500,000
$ 75,578,952
$ 100,800
2,442,561
2,543,361
SCHOOL CAFETERIAS ENTERPRISE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Categoncal A~d
Revenue from the Federal Government
Categoncal A~d
TOTAL SCHOOL CAFETERIAS ENTERPRISE FUND
60,000
9,989,973
8O,OOO
MARINE SCIENCE MUSEUM ENTERPRISE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Categoncal A~d
Transfers from Other Funds
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND
415,000
7,475,631
Revenue from Local Sources
Charges for Services
Transfers from Other Funds
TOTAL PARKING ENTERPRISE FUND
PARKING ENTERPRISE FUND
$ 18,020,604
87,245
7,145,821
STORM WATER UTILITY ENTERPRISE FUND
Revenue from Local Sources
From the Use of Money and Property
Charges for Serwces
Revenue from the Commonwealth
Categoncal Aid
Specific Fund Reserves
TOTAL STORM WATER UTILITY ENTERPRISE FUND
200,000
3,873,997
$ 11,307,063
Transfers from Other Funds
Capital Project Reserves
TOTAL GENERAL DEBT FUND
GENERAL DEBT FUND
1,558,594
100,000
$ 1,658,594
350,000
7,799,178
2,747,250
700,000
$ 11,596,428
$ 79,167,788
4,068,339
83,236,127
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
Transfers from Other Funds
TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
2,500,000
2,500,000
ENGINEERING & HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
Transfers from Other Funds
TOTAL ENGINEERING & HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
RESORT PROGRAM CAPITAL PROJECT FUND
Transfers from Other Funds
TOTAL RESORT PROGRAM CAPITAL PROJECT FUND
8,822,586
8,822,586
2,500,000
2,500,000
PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND
Transfers from Other Funds
TOTAL PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
Transfers from Other Funds
TOTAL BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
STORM WATER CAPITAL PROJECT FUND
Transfers from Other Funds
TOTAL STORM WATER CAPITAL PROJECT FUND
TOTAL REVENUES
Less Interfund Transfers
NET REVENUES
1,502,569
$ 1~502,569
$ 1,570,727
$ 1,570,727
$ 2,825,370
2,825,370
$1,298,808,594
337,827,065
$ 960,981,529
1 9 Section 3. With the exception of the School Operating Funds, and the Sheriff's Special Revenue Fund, the
20 total of full-t~me permanent pos~t~ons, shall be the maximum of positions authorized for the various departments of the city
21 during the fiscal year except changes or additions authorized by the Counml and as hereinafter prowded. The C~ty Manager
22 may from t~me to time ~ncrease or decrease the number of part-time poslt~ons prowded the aggregate amount expended for
23 such services shall not exceed the respective appropriations made therefor. The C~ty Manager ~s further authorized to make
24 such rearrangements of pos~t~ons within and between the departments as may best meet the uses and interests of the c~ty.
25 Section 4. All current and delinquent collections of local taxes shall be credited to the General Fund and, where
26 appropriate, the Sandbr~dge Spemal Serwce D~str~ct Special Revenue Fund of the city. Transfers shall be made from the
27 General Fund to the respective specially designated funds to which a levy is made in the respective amount of collection
28 for each specially designated funds.
29 Section 5. All balances of the appropriations payable out of each fund of the City Treasury at the close of
30 bus~ness for the fiscal year ending on the thirtieth day of June, 1998, except, as otherwise provided for, are hereby declared
31 to be lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse ~nto the
32 General Fund Balance, and may be used for the payment of the appropriations which may be made ~n the appropriation
33 ordinance for the fiscal year beginning July 1, 1998. However, there shall be retained in the General Fund Balance, an
34 amount not less than the range of seventy-five (75) to one hundred (100) percent of the budget for c~ty and school debt
35 service payments for that fiscal year for cont~ngenmes and emergency s~tuatlons and not to be used to support
36 appropriations approved in the ordinance for the fiscal year beginning July 1, 1998, except upon subsequent authorization
37 by C~ty Council.
38 Section 6. All balances of appropnat~ons ~n each fund which support authorized obligations or are encumbered
39 at the close of bus~ness for the fiscal year ending on the thirtieth day of June, 1998, are hereby declared to be
40 reapproprlated into the fiscal year beginning July 1, 1998, and estimated revenues adjusted accordingly.
41 Section 7. No department or agency for which appropriations are made under the provisions of th~s Ordinance
42 shall exceed the amount of the appropnat.ons except with the consent and approval of the C~ty Counml first being obtained.
43 It ~s expressly provided that the restrictions w~th respect to the expenditure of the funds appropriated shall apply only to
44 the totals for each Appropriation Unit ~ncluded in this Ordinance and does not apply to Interfund Transfers.
45 Section 8. The City Manager or the Director of Management Services, is hereby authorized to approve transfers
46 of appropriations in an amount up to $25,000 between any Appropriation Units included ~n this ordinance. In addition, the
47 C~ty Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for salary adjustments
48 approved by City Council, and may transfer appropriations from the Reserve for Contingencies - Technology for various
49 ~mprovements to information technology capabilities.
50 The C~ty Manager or the D~rector of Management Services is hereby authorized to establish and administer
51 budgeting w~th~n Appropriation Units consistent w~th best management practices, reporting requirements and the programs
52 and services adopted by the City Council.
53 Section 9. The City Manager or the Director of Management Services is authorized to change the Estimated
54 Revenues included in this Ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating
55 Appropriation Unit declines, the C~ty Manager or the Director of Management Services is authorized to reduce, subject to
56 any other provision of law, those appropriations to equal the changed Estimated Revenue. The City Manager must give
57 prior notice to the City Council of any reduction to total appropriations exceeding $25,000. The notice to City Council shall
58 identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The accounting records
59 of the city w~ll be maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units
60 for each of the city's funds.
61 The C~ty Manager or the Director of Management Serwces ~s hereby authorized to transfer any excess
62 appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were appropriated
63 have been incurred.
64 Section 10. Nothing In th~s section shall be construed as authorizing any reduction to be made in the amount
65 appropriated in this Ordinance for the payment of interest or principal on the bonded debt of the City Government.
66 Section 11. Allowances out of any of the appropnat~ons made in th~s Ordinance by any or all of the c~ty
67 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such
68 officers and employees of their personal automobiles in the d~scharge of their offlmal duties shall not exceed twenty-seven
69 cents ($.27) per mile of actual travel for the first 15,000 miles and eleven ($.11 ) per mile for additional m~les of such use
70 w~th~n the fiscal year
71 Section 12. All traveling expense accounts shall be submitted on forms approved by the D~rector of Finance
72 and according to regulations approved by the City Counml. Each account shall show the dates expenses were ~ncurred or
73 pa~d; number of miles traveled; method of travel; hotel expenses, meals, and incidental expenses. The D~rector of F~nance
74 is spemflcally d~rected to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum"
75 amounts, ~nclud~ng payments to employees of the School Board.
76 Section 13. Violation of this ordinance may result in dlsmpl~nary action by the City Manager on the person or
77 person responsible for the management of the Appropnatlon Unit ~n which the violation occurred.
78 Section 14. That this Ordinance shall be effective July 1, 1997.
79 Section 15. That if any part or parts, section or sections, sentences, clause, or phrase of th~s Ordinance ~s for
80 any reason declared to be unconstitutional or inval~d, such dec,sion shall not affect the validity of the remaining portions
81 of th~s Ordinance.
82 Adopted by the Council of the City of V~rg~nia Beach, Virg~nia, on the 13th day of May , 1997.
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
REAL ESTATE FOR TAX FISCAL YEAR 1998
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 1998 taxes for general purposes on all real estate, not exempt
6 from taxation and not otherwise provided for ~n 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 prescnbed 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 serwce real property wh.ch shall be on the bas~s as provided in Section 58.1-2604 of the Code of V~rg~n~a, as
10 amended.
11 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES"
12 CI.A$$1FIED AS REAL ESTATE.
13 In accordance w~th Section 58.1-3660 (A) of the Code of V~rg~n~a (1950), as amended, there shall be lev~ed
14 and collected for general purposes for fiscal year 1998, taxes on all real estate certified by the Commonwealth of Virg~n~a
15 as "Certified Pollution Control Equipment and Faclht~es" not exempt from taxation, at the rate of one dollar twenty-two cents
16 ($1.22) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates ~mposed ~n th~s
17 section shall be apphed on the basis of one hundred percentum of fair market value of such real property.
18 Section 3 AMOUNT OF LEVY ON REAL ESTATE WITHIN THE SANDBRIDGE SPECIAL SERVICE DISTRICT
19 There shall be levied and collected for fiscal year 1998, taxes for the special purpose of prowd~ng beach and
20 shoreline restoration and management at Sandbndge on all real estate w~thin the Sandbndge Special Serwce D~stnct, not
21 exempt from taxation, at the rate of twelve cents ($. 12) per annum on each one hundred dollars ($100) of assessed value
22 thereof. Th~s rate shall be in addition to rates prowded ~n other ordinances. The real estate tax rate imposed herein shall
23 be apphed on the basis on one hundred percentum of the fair market value of such real property except pubhc serwce 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 th~s Ordinance is for any reason
27 declared to be unconstitutional or invahd, such decision shall not affect the vahdlty of the remaining portion of th~s
28 Ordinance.
29 Section 5. EFFECTIVE DATE.
30 Adopted by the Council of the City of V~rglnla Beach, Virg~ma, on the 13th day of May ,1997.
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON PERSONAL PROPERTY AND MACHINERY AND TOOLS
FOR THE CALENDAR YEAR 1998.
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 w~th Chapter 35 of Title 58.1 of the Code of V. rg~nia (1950), as amended, there shall be levied
7 and collected for general purposes for the calendar year 1998, 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 {$1 O0) assessed valuation thereof.
10 In accordance with Section 58.1-3504 for the Code of Virg~ma (1950), as amended, certain household goods
11 and personal effects as defined there~n shall be exempt from taxation.
12 Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS
13 MOBILE HOMES.
14 In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there shall be lewed
15 and collected for general purposes for the calendar year 1998 taxes on all vehicles w~thout motor power used or designated
16 to be used as mobile homes, at the rate of one dollar twenty-two cents ($1.22) on each one hundred dollars ($100) of
17 assessed valuation thereof.
18 Section 3, AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR MORE.
19 In accordance w,th section 58.1-3506 (A)(1) of the Code of V,rgima (1950), as amended, there shall be levied
20 and collected for general purposes for the calendar year 1998 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 V~rgima (1950), as amended, there shall be lewed
25 and collected for general purposes for the calendar year 1998 taxes on all tangible personal property certified by the
26 Commonwealth of V~rg~ma as "Certified Pollution Control Equipment and Facd~t~es" 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 MACHINI~RY 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 1998 taxes on machinery and tools, not exempt from taxation, at the
31 rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof.
32 Section 6. AMOUNT OF LEVY ON AIRCRAFT.
33 In accordance w~th Section 58.1-3506 (A)(2,3) of the Code of Virginia (1950), as amended, there shall be lewed
34 and collected for general purposes for the calendar year 1998 taxes on all aircraft at the rate of three dollars and seventy
35 cents ($3.70) on each one hundred dollars ($100) of assessed valuat,on thereof.
36 Section 7. AMOUNT OF LEVY ON MOTOR VEHICLES.
37 In accordance w~th Section 58.1-3506 (A)(4) of the Code of Virginia (1950), as amended, there shall be lewed
38 and collected for general purposes for the calendar year 1998 taxes on all antique motor vehicles used for general
39 transportation purposes as prowded ~n subsection C of Section 46.2-730 of the Code of V~rglma at the rate of three dollars
40 and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof.
41 Section 8. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT.
42 In accordance w~th Section 58.1-3506 (A)(6) of the Code of Virginia (1950), as amended, there shall be lewed
43 and collected for general purposes for the calendar year 1998 taxes on all heavy construction equipment at the rate of three
44 dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof.
45 Section 9. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE PERSONAL
46 PROPERTY
47 In accordance w,th Section 58.1-3506 (A)(5) of the Code of Virginia (1950), as amended, there shall be levied
48 and collected for general purposes for the calendar year 1998 taxes on all research and development tangible personal
49 property, not exempt from taxation, at the rate of one dollar ($1 ) on each one hundred dollars ($100) of assessed valuation
50 thereof.
51 Section 10. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
52 In accordance with Section 58.1-3506 (A)(7) of the Code of Virg~n,a (1950), as amended, there shall be levied
53 and collected for general purposes for the calendar year 1998 taxes on all energy conversion equipment at the rate of one
54 dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof.
55 Section 11, AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
56 In accordance with Section 58.1-3506 (A)(9) of the Code of V~rg~n~a (1950), as amended, there shall be lewed
57 and collected for general purposes for the calendar year 1998 taxes on all computer hardware used by businesses primarily
58 engaged in providing data processing services to other nonrelated or nonaffihated businesses, not exempt from taxation,
59 at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof.
60 Se(;tlon 12. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR
61 RECREATIONAL PURPOSES ONLY.
62 In accordance with Section 58.1-3506 (A)(IO) of the Code of Virginia (1950), as amended, there shall be lewed
63 and collected for general purposes for the calendar year 1998 taxes on all pr,vately owned pleasure boats and watercraft
64 use for recreational purposes only, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($1 O0) of
65 assessed valuation thereof.
66 $~;t~Qn 1~. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING TRAILERS AND MOTOR HOMES USED
67 FOR RECREATIONAL PURPOSES ONLY.
68 In accordance with Section 58.1-3506 (A)(16) of the Code of Virginia (1950), as amended, there shall be levied
69 and collected for general purposes for the calendar year 1998 taxes on all privately owned camping tra~lers and motor homes
70 as defined in Section 46.2-100 of the Code of Virglma (1950), whmh are used for recreational purposes only, at the rate
71 of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof.
72 Section 14. AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED AND REGULARLY USED BY A DISABLED
73 VETERAN.
74 In accordance with Section 58.1-3506(A) (17) of the Code of Virg~ma (1950), as amended, there shall be a
75 reduced tax levy rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation on one
76 (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
77 or a hand, or who ~s bhnd, or who ,s permanently and totally d~sabled as certified by the Department of Veterans' Affairs.
78 Any motor vehicles in addition to the one (1) so taxed shall not quahfy for the taxation at the rate established here~n, and
79 shall be taxed at the rate or rates apphcable to that class of property. In order to quahfy, the veteran shall provide a written
80 statement to the Commlss,oner of Revenue from the Department of Veterans' Affairs that the veteran has been so
81 designated or classif,ed by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506(A) (17),
82 and that h~s dlsabihty is service connected. For purposes of this ordinance, a person ~s bhnd if he meets the provisions of
83 Section 46.2-739 of the Code of V~rgmm (1950), as amended.
84 Section 15. AMOUNT OF LEVY ON MOTOR VEHICLES. TRAILERS AND SEMITRAILERS WITH A GROSS
85 VEHICLE WEIGHT OF 10.000 POUNDS OR MORE.
86 In accordance with Section 58.1-3506 (A)(23) of the Code of Virginia (1950), as amended, there shall be lev~ed
87 and collected for general purposes for the calendar year 1998 taxes on all motor vehicles, tra~lers and semitrailers w~th a
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gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate
commerce at the rate of one dollar (91) on each one hundred dollars (9100) of assessed valuation thereof.
Section 16 AMOUNT OF LEVY ON A MOTOR VEHICLE OWNED AND USED PRIMARILY BY OR FOR SOMEONE
AT LEAST SIXTY-FIVE YEARS OF AGE OR ANYONE FOUND TO BE PERMANENTLY AND TOTALLY DISABLED.
(a) In accordance w~th Sections 58.1-3506.1 et seq. of the Code of V~rg~n~a (1950), as amended, there shall
be a reduced tax levy rate of three dollars (93.00) on each one hundred dollars (9100.00) of assessed valuation on one (1)
motor vehicle owned and used primarily by or for anyone at least s~xty-flve years of age or anyone found to be permanently
and totally disabled, as defined ~n Section 58.1-3506.3 of the Code of Virginia (1950), as amended, subject to the following
conditions'
1. The total comb, ned income received, excluding the first 97,500 of income, from all sources during calendar
year 1998 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars (922,000).
2. The owners net financial worth, ,ncludlng the present value of all equitable interests, as of December 31,
of calendar year 1998, excluding the value of the principal residence and the land, not exceeding one acre, upon which ~t
~s s~tuated, shall not exceed seventy thousand dollars (970,000).
3. All income and net worth limitations shall be computed by aggregating the income and assets, as the case
may be, of a husband and w~fe who reside in the same dwelhng and shall be applied to any owner of the motor vehicle who
seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle may
be t,tled.
(b) Any such motor vehicle owned by a husband and wife may qualify if e~ther spouse is s~xty-flve or over or
~f either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied.
Se~t~Qn 17. ASSESSED VALUE DETERMINATION.
In accordance with Section 58.1-3103 of the Code of Virginia (1950), as amended, personal property mentioned
in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of Revenue for
the C~ty of Virginia Beach.
Section 18. CONSTITUTIONALITY.
That if any part of parts, section or sections, sentences, clause, or phrase of this ordinance is for any reason
declared to be unconstitutional or invalid, such decision shall not affect the validity of the remalmng portions of th~s
ordinance.
Section 19. EFFECTIVE DATE.
Th~s ordinance shall be in effect January 1, 1998.
Adopted by the Counml of the C~ty of V~rginia Beach, Virg~nia, on the 13th day of M~y , 1997.
AN ORDINANCE TO AMEND THE CITY CODE
BY INCREASING THE DOLLAR AMOUNT OF
MONTHLY UTILITY SERVICE AND LOCAL
TELECOMMUNICATION SERVICE THAT IS
SUBJECT TO TAXATION
SECTIONS AMENDED: 35-115 AND 35-254
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That SS 35-115 and 35-254 of the Code of the City of Virginia
Beach, Virginia, are hereby amended and reordained to read as
follows:
Sec. 35-115. Levied; amount; exclusions.
(a) Pursuant to S 58.1-3814 of the Code of Virginia, as
amended, there is hereby imposed and levied by the city, upon each
residential purchaser of a utility service, a tax in the amount of
twenty (20) percent of the charge, exclusive of any federal tax
thereon, made by the seller against the purchaser with respect to
each utility service. There is excluded from the tax imposed and
levied by this section so much of the charge, exclusive of any
federal tax thereon, made by the seller against the purchaser of
utility service in excess of t~bve fifteen dollars
(~.00) ($15.00) for any single-family unit for any month or part
of a month. Where more than one single-family unit is served by
one meter, in computing such maximum of t~va~e fifteen dollars
(~T99) ($15.00), the same shall be multiplied by the number of
single-family units served by such meter.
(b) Pursuant to § 58.1-3814 of the Code of Virginia, as
amended, there is hereby imposed and levied by the city, upon each
commercial or industrial purchaser of an electric, gas, or water
utility service, a tax in the amount of fifteen (15) percent of the
first ~..A ~.._~_A~ ty
............. six hundred twen -five dollars
(~9~9)($625.00) of the monthly charge and five (5) percent on
the amount between ~--~ ~---~-~
............ d six hundred twenty-five dollars
~00.00) ($625.00) and e~e ~ ...... ~ ~ix he~fl4~ed two thousand
dollars ~" ~00.00)($2 000.00) of the monthly charge for any single
billing for electric, gas, or water service, exclusive of any
federal tax thereon, made by the seller against the purchaser with
respect to each utility service. The tax imposed by this section
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shall not be applied to any portion of a monthly charge for any
single electric, gas, or water utility service to a commercial or
~ ...... ~ two
industrial purchaser that exceeds eme .......... s~ ~"-~-~m
thousand dollars ($1,~OO.O9) ¢$2.000.00).
(c) For the purposes of this section, the words "commercial
or industrial purchaser" shall not be construed to include a
purchaser in the business of renting apartments or other such
dwelling units as to utility service furnished directly to an
apartment or other such dwelling unit; provided, however, that
utility services purchased by such purchaser through separate
meters for hallways, swimming pools, outside lighting and other
accessory uses shall be deemed commercial or industrial purchases.
Sec. 35-254. Imposed.
(a) Pursuant to section 58.1-3812 of the Code of Virginia, as
amended, there is hereby imposed and levied on every taxable
purchase by a consumer of local telecommunication service, when
such consumer's service address is located in the city, a tax at a
rate equal to twenty (20) percent of the monthly gross charge to
the consumer of such service; provided, however, that this tax
shall not be applicable to any amount so charged in excess of
~ fifteen dollars (~ $15.00) per month for each
residential consumer.
(b) Pursuant to section 58.1-3812 of the Code of Virginia, as
amended, there is hereby imposed and levied on every taxable
purchase by a consumer of mobile local telecommunication service,
when such consumer's service address is located in the city, a tax
at a rate equal to ten (10) percent of the monthly gross charge to
the consumer of such service; provided, however, that this tax
shall not be applicable to any amount so charged in excess of
thirty dollars ($30.00) per month for each mobile service customer.
Pursuant to section 58.1-3812.B. of the Code of Virginia, as
amended, the tax imposed and levied by this subsection (b) shall be
effective sixty (60) days subsequent to written notice by certified
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mail to the registered agent of the service provider that is
required to collect the tax.
(c) With respect to commercial consumers of local
telecommunication service, the tax shall be twenty (20) percent on
basic charges for local telephone service, and all other services
provided in connection with local telephone service shall be taxed
at four (4) percent. The tax imposed by this section shall not be
applied to any portion of a monthly charge for any single telephone
utility service to a commercial or industrial consumer that exceeds
four five hundred dollars (~ $500.00).
(d) In addition to the taxes imposed by subsections (a), (b)
and (c) of this section, there is hereby imposed and levied on
every consumer of local telephone service, pursuant to section
58.1-3813 of the Code of Virginia, as amended, a tax in the amount
of one dollar and ninety-five cents ($1.95) per month commencing
July 1, 1993. Of this one dollar and ninety-five cents ($1.95) tax
paid by the consumer to the service provider of local telephone
service, thirty-one cents ($0.31) shall be for the use of the city
to pay for the initial capital, installation and recurring
maintenance costs of the E-911 system. The remaining portion of
this one dollar and ninety-five cents ($1.95) tax, i.e., one dollar
and sixty-four cents ($1.64) paid by the consumer to the service
provider, shall be for the city to pay for maintenance, repair and
system upgrade costs and salaries or a portion of salaries of
dispatchers or call takers paid by the city which are directly
attributable to the E-911 program. The tax imposed by this
subsection (d) shall not apply to any local telephone service where
a periodic bill is not rendered.
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The effective date of this ordinance shall be October 1, 1997.
Adopted by the City Council of the City of Virginia Beach on
this 13th day of May 1997.
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CA-6586
DATA/ORD IN / PROPOSED / 35-115. Ord
05/05/97
R3
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AN ORDINANCE TO AMEND THE CITY CODE
PERTAINING TO HOLIDAYS BY
ELIMINATING GEORGE WASHINGTON'S DAY
AS A CITY HOLIDAY, AND PROVIDING AN
ADDITIONAL FLEXIBLE PERSONAL HOLIDAY
FOR CITY EMPLOYEES
SECTION AMENDED: 2-83
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-83 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
8e~. 2-83. Holidays.
(a) The following eight (8) hour days are designated as full-
paid "holidays" and shall be so observed by the city· All
P tT ~ pr bati ~ ........... ~ ....... ~ rit pl
ermanen an o oRal, .... , .... = ............. me em oyees
shall be covered by the provisions of this section·
(1) The first day of January (New Year's Day).
(2) The third Monday in January (Lee-Jackson-King Day).
~4+ f3) The last Monday of May (Memorial Day).
~ (4) The fourth day of July (Independence Day).
~6~ (5) The first Monday of September (Labor Day).
~ (6) The eleventh day of November (Veterans Day).
~ (7) The fourth Thursday of November (Thanksgiving Day).
~9+ ¢8) The twenty-fifth day of December (Christmas Day).
(I0) (9) One-half of a regular workday on the twenty-fourth
day of December (Christmas Eve), except when
Christmas Eve falls on a Friday, Saturday or
Sunday.
~,'~' ¢10) ~ Two flexible personal holiday~ (to be taken as a
personal, national, religious or other holiday the
city does not observe) Part-time, ~ ........... ~
~-~...~ employees shall not be eligible for ~-~..~
these holiday~.
When any holiday enumerated in (1) through ~z3+ (8) above falls on
a Saturday, the Friday next preceding such day shall be a holiday·
When any holiday enumerated in (1) through ~ (8) above falls on
a Sunday, the Monday next following such day shall be a holiday.
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(b) In addition to the holidays prescribed in subsection (a)
above, any other day so declared by the mayor shall be a holiday.
(c) Part-time employees shall receive time off with pay for
the proportionate part of the day which would have normally been
worked.
(d) Employees who have been in a nonpay status for more than
fourteen (14) days prior to any holiday shall not be eligible for
compensation for holidays (1) through~-l~ (9) listed in paragraph
(a) above. In addition to the above holidays, employees with ten
(10) years or more tenure shall receive a day off during the pay
period of their birthday as a paid holiday. This day cannot be
accrued as annual leave. Any employee not taking the birthday
holiday shall not be eligible for overtime pay or compensatory time
for not doing so.
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Adopted by the City Council of the City of Virginia Beach on
this 13th day of May 1997.
CA-6591
DATA/ORDIN/PROPOSED / 02-83. ORD
05/05/97
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AN ORDINANCE TO AMEND THE CITY CODE
BY INCREASING THE STORMWATER
MANAGEMENT UTILITY RATE AND
ESTABLISHING THE RATE OF INTEREST
FOR UNPAID CHARGES
SECTIONS AMENDED: 32.5-2 and 32.5-5
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 32.5-2 and 32.5-5 of the Code of the City of
Virginia Beach, Virginia, are hereby amended and reordained to read
as follows:
Sec. 32.5-2. Definitions.
The following words and terms used in this section shall have
the following meanings:
(a) Equivalent residential unit or ERU means the equivalent
impervious area of a single-family residential developed property
per dwelling unit located within the city based on the statistical
average horizontal impervious area of a single-family residence in
the city. An equivalent residential unit (ERU) equals two thousand
two hundred sixty-nine (2,269) square feet of impervious surface
area.
(b) ERU rate means the utility fee charged on an equivalent
residential unit .... ~-~-~ ~ ...... ~-~ --~ ..... which shall
be $0.106 per day. effective July 1, 1997, and $0.121 per day
effective July 1, 1998.
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Sec. 32.5-5. Billing and payment, interest, liens.
The utility fee is to be paid by the owner of each lot or
parcel subject to the utility fee. Utility fees for condominium
units, if requested by the condominium association, shall be
charged to the condominium association. Ail properties, except
undeveloped property, shall be rendered bills or statements for
stormwater services by the department of public works. The bills or
statements shall include a date by which payment shall be due. All
bills or statements shall be mailed at least thirty (30) days prior
to the payment due date stated thereon. Payments received after the
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due date of the bill shall be subject to interest at a rate
established by ordinance of the city council.
(a) Billing for the utility fee shall be rendered on a
quarterly basis, in advance, to all chargeable property owners and
shall represent charges for each month of the succeeding quarter of
stormwater service, and any unpaid balances and interest on an
account.
(b) Any bill which has not been paid by the due date shall be
deemed delinquent, and the account shall be collected by the
department of public works. All payments and interest due may be
recovered by action at law or suit in equity. Unpaid fees and
interest accrued shall constitute a lien against the property,
ranking on a parity with liens for unpaid taxes.
(c) In the event charges are not paid when due, interest
thereon shall commence on the due date and accrue at the rate
~-~~-~ by ~ ...... ~ ~ ~' ....... ~ of ten (10) percent
per annum until such time as the overdue payment and interest is
paid.
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This ordinance supersedes Ordinance No. 92-2195A, which was
adopted by City Council on December 1, 1992.
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Adopted by the City Council of the City of Virginia Beach on
this 13th day of May 1997.
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CA-6590
DATA/ORDIN/PROPOSED/32-5-2 ET. Ord
MAY 5, 1997
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AN ORDINANCE TO AUTHORIZE THE CITY MANAGER
TO SUBMIT AN ANNUAL FUNDING PLAN TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the United States Congress has established legislat,on designated as the
Housing and Community Development Act of 1974 setting forth as a nat,onal goal the development of
wable urban communities; and
WHEREAS, there ~s federal assistance available for the support of Community Development
and Housing actlv,tles directed toward speclf,c objectives such as the elimination of detenorated conditions
in Iow and moderate income neighborhoods; the ehmlnat~on of cond,t~ons which are detrimental to health,
safety and welfare; the conservation and expansion of the City's housing stock; the expansion and
improvement of the quantity and quality of community services; and other related activities; and
WHEREAS, the C~ty of V~rg~n~a Beach has developed an Annual Fund,ng Plan and has
structured the necessary mechanisms for its implementat,on ,n compliance with federal and local
directives;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the C~ty Manager is hereby authonzed and directed as the executive and
adm,mstrat,ve head of the C,ty to submit the Annual Funding Plan and amendments thereto and all
understandings and assurances contained therein, and to provide such additional information as may be
requ,red to the Department of Housing and Urban Development to permit the review, approval, and funding
of the C,ty's 1997-1998 Annual Funding Plan.
Adopted by the Councd of the C~ty of V~rg~n~a Beach, Virg,n,a on this 13~_h .day of Nay
, 1997.
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APPROVED AS TO/~O~NTENT:
Ahdrew M. Friedman, Director
Department of Housing and
Neighborhood Preservation
APPROVED AS TO FORM:
/
City Attomey ~
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IV-I 1.b.
ORDINANCES
RESOURCE MANAGEMENTPLAN ITEM # 42104
FY 199 7 - 1998/FY 2001 - 2003 CAPITAL IMPRO VEMENTPLAN
A motion was made by Councilman Hetschober, seconded by Councdman Branch, to ADOPT the FY' 98
Capital Budget, Capital Improvement Program FY 1998-2003 with Appropriations and Bond Funding,
including items 1, 2, 3 and 4, as Amended in Attachment B, noting the effective dates of September 17th
in Attachment B refers to item 4 only.
A SUBSTITUTE MOTION was made by Council Lady McClanan and seconded by Council Lady
Strayhorn to AMEND the proposed FY 98 Capital Budget, Capital Improvement Program FY 1998-2003
by deleting Project 9-003 for the multi-purpose Sports Stadium.
Voting'
4-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Barbara M. Henley, Reba S. McClanan, Nancy K. Parker and Louisa M
Strayhorn
Council Members Voting Nay
John A Baum, Linwood O. Branch, III, Harold Heischober, Louis R.
Jones, Mayor Meyera E. Oberndorf and Vice Mayor Wilham D. Sessorns,
Jr
Council Members Abstaining:
William W. Harrison, Jr.
Councd Members Absent:
None
Councilman Harrison ABSTAINED, as his law firm provides legal services to the Hampton Roads
Mariners, who are the proposed tenants for the multi-purpose stadium.
May 13, 1997
-17-
IV-I. 1. b.
ORDINANCES
RESOURCE MANAGEMENTPLAN ITEM # 42104
FY 1997 - 1998/FY 2001 - 2003 CAPITAL IMPROVEMENTPLAN
Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council ADOPTED: the
FY'98 Capital Budget, Capital Improvement Program FY 1998-2003 with Appropriations and Bond
Funding, including items 1, 2, 3 and 4, as Amended in Attachment B, noting the effective date of
September 17th in Attachment B refers to item 4 only.
Ordinances to.
Authorize the issuance of General Obligation Bonds of the City
of Virginia Beach in the maximum amount of $54,100,000 re
various Public Facilities and General Improvements.
,
Authorize the issuance of Water and Sewer System Revenue
Bonds of the City of Virginia Beach in the maximum amount of
$12,730,000 re improvements and expansions to the City's
Water and Sewer System.
.
The FY 1997-1998/FY 2002-2003 Capital Improvement
Program (CIP); and, APPROPRIATE $113,976,260for the FY
1997-1998 Capital Budget, subject to funds being provtded
from vartous sources, and further subject to any amendments
adopted by City Council.
.
Establish two new School Capital Projects; and,
APPROPRIATE $10,635,000 to fund these new projects as
well as certain existing School Capital Projects
(Effective Date shall be September 17, 1997)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, William W.. Harrison, Jr. *,
Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor
William D Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Harrison VERBALL YABSTAINED on Project 9-003 (multi-sports stadium), as his law firm
provides legal services to the Hampton Roads Mariners, who are the proposed tenants for the multi-
purpose stadium.
Councdman Harrison DISCLOSED, pursuant to Section 2.1-639.14(G), Code of Virginia, his wife is
currently employed by the School Board as a guidance counselor earning an annual salary in excess of
$10,000 Counctlman Harrison wishes to dtsclose this interest and declare that he is able to partictpate
in the transaction fairly, objectively and in the public interest.
May 13, 1997
C~y of Virg~nsa Beach, Virg~ma
FY 1997-1998 CapRal Budget and
FY 1997-19981FY 2002-2003 Capital Improvement Program
Summary of City Council Reconcilia'aon Workshop Amendments
FY 1997-1998 Capffal
CapRal Improvements
Budget Program
Estimated Sources of Funding
Proposed ~n FY 1997-1998~FY 2002-2003 Capital Improvement Program
$ 94,467,030 $ 1,010,060,250
Referendum Bonds for Schools
0 55,000,000
Changes in Charter Bonds
1,000,000
1,000,000
Parks and Recreation Fund - Fund Balance
Bow Creek Motel Acqu~srbon - S~e Rewew Study
99,000
99,000
State Contribution - Pendleton Purchase
2,800,000
2,800,000
Sandbndge Special Service District Fund
Sandbndge Emergency Beach Restorabon
1,924,422
1,924,422
Changes in funding from Storm Water Revenue Bonds
Lake Shores Storm Water Project Acceleration to Year 2
0 740,000
Changes ~n Storm Water Utility Fund Pay-As-You-Go
Lake Shores Storm Water ProJect Acceleration to Year 2
0 (740,000)
Changes ~n funding from General Fund Balance
School Projects
Mule-Purpose Sports Stadium
Sandbndge Emergency Beach Restorabon
Replacement Vehicle Backlog
Net Change ~n General Fund Balance Funding
14,400,000 14,400,000
7,145,230 7,145,230
3,275,578 3,275,578
400~000 400~000
25~220~808 25~220~808
Changes in funding from General Fund
School Cap,al Project allocabons shrfted to School Operabng Fund
(900,000) (900,000)
AdJusted FY 1997-1998~FY 2002-2003 Capffal Improvement Program
$ 124~611~260 $ 1~095r204r480
Estimated Allocations
Proposed ~n FY 1997-1998~'Y 2002-2003 Caprtal Improvement Program
Scho~ls Section
Operabng Budget Support(Effecbve September 17, 1997)
Cooke Elerrientary School(Effec'ave September 17, 1997)
Renewal and Replacement - Vanous(Effecbve September 17, 1997)
Renewal and Replacement- Reroofing(Effectn/e September 17, 1997
Renewal and Replacement- HVAC(Effec'ave September 17, 1997)
Buses and Vehicles Backlog
Pay-as-you-Go Replacement
Maintenance Backlog reducbon
Modern~.aflon Referendum(SubJect to approval by C~ Council)
H~gh School - 2000 (Acceleration of $4,600,000 to Year 2)
Total AdJustment To School Secbon
Busldlngs Sec'ao
C~y/School Consolidated Fueling Facil~aes (S~e location for
facd~y m southern part of the city changed)
Rolhng Stock Vehicle Backlog
Beaut~ficat3on P~lot ProJect
Total AdJustments to Buildings Sec'aon
Parks and Recreation Secbon
Bow Creek Motel Acqu~sfaon - S~te Review Study
Storm Water Sec'aon
Lake Shores Drainage ProJect - Accelerated to Year 2 of ClP
Coastal Secbon
Sandbndge Emergency Beach Restoration
Economic and Tounsm Development Secbon
Mule-Purpose Sports Stadium
AdJusted FY 1997-1998\FY 2002-2003 CapRal Improvement Program
$ 94,467,030 $ 1,010,060,250
5,435,000 5,435,000
600,000 600,000
1,240,200 1,240,200
1,478,300 1,4~8,3~0D
1,881,500 1,881,500
1,200,000 1,200,000
400,000 400,000
1,165,000 1,165,000
0 55,000,000
0 0
13~400~000 68~400~000
0 0
400,000 400,000
1001000 100~000
500~000 500~000
99~000 99~000
0 0
8~000:000
8~145~230
1241611 ~260
8~000~000
8~145~230
110951204,480
Attachment B
AN ORDINANCE TO ADOPT THE
FY 1997-98/FY 2002-03 CAPITAL IMPROVEMENT
PROGRAM AND TO APPROPRIATE $1 13,976,260 FOR THE
FY 1997-98 CAPITAL BUDGET SUBJECT TO FUNDS BEING
PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN
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17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
39
40
41
42
WHEREAS, the City Manager, on April 1, 1996, presented to City Council the Capital
Improvement Program for fiscal years 1997-98 through 2002-03,
WHEREAS, C~ty Council held public hearings on the program to prowde for public comment,
WHEREAS, based on public comment, City Council has determined the need for certain
projects In the Capital Improvement Program,
WHEREAS, mt ms necessary to appropriate funds for the projects underway or beglnnmng m the
1997-98 fiscal year as set forth ~n sa~d Capital Improvement Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1: That the program, as modified, for the construction of, or addition to capital
facilities ~dentlfled for fiscal years 1997-98 through 2002-03 is hereby adopted and that projects hsted here~n
are approved as capital projects.
Section 2: That the projects shall be financed from funds to be appropriated per~od,cally by
City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted,
altered, or rescheduled m any manner at any tmme by City Council.
Section 3: That funds in the amounts aggregating $113,976,260 for capital proJects in the
Capital Budget for the 1997-98 fiscal year as set forth in sa~d Capital Improvement Program are hereby
appropriated, by project, subject to the conditions set forth, as follows:
CAPITAL PROJECTS
School Project Class:
1-040 Underground Storage Tanks - Schools
1-046 H~gh School- 2002
1-061 Elementary School- 1999
1-062 ADA School Modifications
1-063 Indoor Air Quahty Improvements
1-064 Relocation: Linkhorn Park Elementary School
1-081 Plaza Elementary School Addition
1-083 Renovatmns and Replacements - Reroofing
1-084 Renovations and Replacements - HVAC Systems
1-089 Point O'Vmew Elementary School Addition
1-198 Relocation - Seatack Elementary School
1-200 Renovations and Replacements - Playground Equipment
1-201 Renovatmons and Replacements-Grounds
1-205 Renovations and Replacements - Exterior Bleachers
1-209 Buses and Vehicles Backlog
1-210 Maintenance Backlog Reduction
Total School Projects Class:
APPROPRIATION
200,000
675,000
2,093,983
1,000,000
4,000,000
738,041
2,041,300
1,478,843
927,500
2,477,820
4,370,808
528,000
136,000
243,800
1,200,000
1,165,000
$ 23,276,095
43
44
45
Roadway Projects Class:
2-002 Oceana Boulevard W~dening
2-006 Elbow Road Extended - Phase I
2,739,500
3,232,000
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
2-020 Private/Public Infrastructure Enhancement
2-021 Rural Road Improvements
2-089 Southeastern Parkway and Greenbelt (Part~al)
2-096 Ferrell Parkway - Phase V
2-133 Shore Dr~ve Intersections
2-137 Great Neck Road-Phase IV and London Bridge Road-Phase III
2-140 London Bridge Road - Phase II
2-149 B~rdneck Road - Phase II
2-152 Elbow Road Extended Phase II
2-1 56 Lask~n Road - Phase I
2-157 Lynnhaven Parkway - Phase IX
2-158 Holland Road - Phase VI
2-167 Lynnhaven Parkway - Phase XI
2-175 Independence Boulevard - Phase IV-B
2-209 Courthouse Loop North - Phase II
2-211 Secondary Street Improvements
2-219 Independence Boulevard - Phase IV-C
2-256 Indian River Road - Phase VII
2-261 City L~ne Road (Part~al)
2-263 Major Bridge Reconstruction and Rehabilitation
2-268 Wetlands M~tlgatlon Banking
2-278 TCC Site Improvements
2-279 Kempsvllle Road/Providence Road Intersection Improvements
2-284 Resurfamng Backlog Reduction
2-285 Traffic Safety Improvements - Phase II
2-305 Ferrell Parkway - Phase II
2-833 First Colomal Road - Phase II
2-837 Vanous Cost Part~mpat~on Projects
Total Roadway Projects Class:
Building Projects Class:
3-005 Underground Storage Tanks - C~ty
3-020 ADA Building Modifications
3-033 F~re Fatality Rehabilitation and Renewal
3-038 Various Buildings Rehabilitation and Renewal
3-042 Correct~on Center - Recreation Yard Enclosure
3-100 Various Buildings HVAC Rehabilitation and Renewal
3-106 Community Services Board (CSB) Building
3-108 Voter Machines
3-109 Library Automation System Replacement
3-110 Rolling Stock Backlog Reduction
3-111 City/School Consolidated Fueling Facilities
3-114 Beautification Pilot Project
3-277 Finance Accounting System Replacement
3-976 Fire Training Center Enhancements and Renewal
Total Building Projects Class:
100,000
300,000
2,000,000
30,000
254,920
18,090
91,091
553,019
60,000
45,771
174,896
55,000
30,000
2,559,000
500,000
75,000
949,51 6
25,000
25,000
337,591
100,000
249,655
29,000
1,661,790
765,915
76,579
27,930
82,353
17,148,616
721,600
250,000
122,000
431,476
72,000
2,680,455
2,200,000
149,500
1,300,000
400,000
1,078,067
100,000
2,400,000
332,510
12,237,608
92 Parks and Recreation Projects Class:
93
94
95
96
97
98
99
100
101
102
103
4-002 Redevelopment of Elementary School Playgrounds
4-003 Bow Creek Recreation Center Acquisition Study
4-935 P.A. Park Expansion-Phased Improvements (Partial)
4-936 Recreation Office and Storage Facility at School Sites
4-949 D~strlct/Commumty Park Development and Renovations
4-950 Neighborhood Park Development
4-954 Tennis Court Renovations (On-Going)
4-959 Golf Course Infrastructure and Equipment (On-Going)
4-970 Playgrounds Renovations
4-976 Underground Storage Tanks - Golf Courses
Total Parks and Recreation Projects Class:
264,000
99,000
100,O00
100,000
300,000
100,000
300,000
102,028
262,041
74,500
$ 1,701,569
1 O4
105
106
107
108
109
Coastal Projects Class:
8-014 Lynnhaven Inlet Maintenance Dredging
8-077 C~tyw~de Sand Replemshment Project
8-282 Sandbrldge Emergency Beach Restoration
8-830 Rudee Inlet Dredging
Total Coastal Projects Class:
45,000
1,233,657
8,000,000
350,000
$ 9,628,657
110
111
112
113
114
115
116
Economic and Tourism Development Projects Class:
9-003 Mult, Purpose Sports Stradlum
9-141 Econom,c Development Investment Program
9-253 Virginia Beach Higher Education Center
9-260 Economic and Tourism Development Partnerships
9-704 Beach Erosion Control and Hurricane Protection
Total Economic and Tourism Development Projects Class:
8,145,230
1,918,021
221,O00
2,500,000
14,300,OO0
27,084,251
91,076,796
117 Total Public Improvement Projects Class:
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
Water Utility Projects Class:
5-005 North London Bridge Road
5-052 L~ttle Haven - 51% Type
5-057 Lynndale Estates - 51% Type
5-058 Green Hill Farms - 51% Type
5-093 Comprehensive Water Study - Phase III
5-094 Small L~ne Improvements - Phase III
5-095 Various Highway Projects ~ Phase III
5-108 Stumpy Lake - 51% Type
5-109 Lagomar- 51% Type
5-110 Lake Shores - 51% Type
5-112 Eagles Nest Point - 51% Type
5-118 Computerized Mapping System
5-124 Tank Upgrade Program
5-125 Utlhty Customer Information System Upgrade
5-129 Potable Wells Evaluation Program
5-130 Lynnhaven Parkway Extended
5-143 F~re Hydrant Program
5-144 Water Main Replacement - North End
110,O00
70,000
64,OO0
90,000
50,000
503,812
200,000
199,000
55,000
90,000
50,000
75,000
250,000
100,000
150,O00
35,000
1OO,OOO
375,000
137
138
139
140
141
142
143
5-145 Smiths Lane - 51% Type
5-148 Elbow Road Extended - Water Main
5-150 Underground Storage Tanks - Water
5-200 Salem Road "C"
5-201 Pubhc Utdltles Customer Services Center
5-973 First Colonial Road - Phase III
Total Water Utd~ty Projects Class:
150,000
250,000
100,000
225,000
50,000
35,000
$ 3,376,812
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
Sewer Utdlty Projects Class:
6~021 Salem Road
6-033 Infiltration, Inflow, and Rehabilitation - Phase III
6-034 Pump Station Modifications - Phase Ill
6-035 Vanous Highway Projects - Phase III
6-036 Various Sewer Projects - Phase III
6-046 Computenzed Mapping System
6-048 L~ttle Haven
6-049 Eagles Nest Point
6-050 Salem Road/Landstown Road
6-054 Utdlty Customer Information System Upgrade
6-056 Splgel/South Spigel Drive
6-059 West Neck Creek Golf Course
6-069 Birdneck Road - Phase II
6-074 Underground Storage Tanks - Sewer
6-102 Lake Ridge
6-104 Public Utilities Customer Service Center
6-105 Private Pump Station Evaluation Program
6-931 Sandbndge
6-937 Aragona Rehabilitation
6-938 Princess Anne Plaza Rehabilitation
6-939 Comprehensive Sewer Study
6-949 Reon Drive
6-962 Timberlake Force Ma~n
6-972 Alanton
Total Sewer Utility Projects Class:
220,000
1,000,000
350,000
200 000
498000
75,000
190,000
115,000
120,000
100,000
140,000
80,000
1,280,000
100,000
4,450,000
50,000
215,000
3,582,094
1,062,188
800,000
400,000
450,000
20,000
1,200,000
16,697,282
170
171
172
173
174
175
176
177
178
179
180
181
Storm Water Utdlty Projects Class:
7-003 Southern Canal and Lead D~tch Restoration Study
7-005 North Lake Holly Watershed
7-020 Vanous Drainage Improvements
7-144 Sandbndge Drainage Improvements
7-145 Arctic Avenue - Baltic Avenue
7-181 Pocahontas Village
7-183 Storm Water Quality Enhancements
7-800 Lynnhaven Colony / Cape Story By-The-Sea Drainage
7-902 North Beach Storm Drainage (Partial)
7-960 Oceana Gardens West Drainage
Total Storm Water Utd~ty Projects Class'
150,000
145,000
33O,370
976,081
lO0,000
175,000
100,000
98,919
290,000
460,000
$ 2,825,370
182
Total Utility Projects Class:
22,899,464
13,976,260
183
Total Appropriations:
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
Section 4. That, in accordance w~th Section 2-196 of the City Code, Financing Sources in
support of the Capital Budget for the 1997-98 fiscal year as set forth in sa~d Capital Improvement Program are
as follows:
Fin~ncina Sources:
General Appropriations
Charter Bonds
Fund Balance
Water and Sewer Fund
Federal Contribution
State Contribution
Water and Sewer Revenue Bonds
Storm Water Utility Fund
Retained Earnings
Proceeds of Lease-Purchase Agreement
Sandbr~dge Special Revenue District
Other
Total F~nanc~ng
Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in
accordance with said Capital Improvement Program and reallocated as follows.
School Proiects Class:
Transfer To:
1-084 Renovations and Replacements - HVAC Systems $
Total Transfer To: $
Transfer From:
1-057 Various Schools Additions
Total Transfer From:
13,425,189
37,400,000
25,074,308
2,500,000
801,877
6,110,000
12,730,000
2,966,370
594,094
3,700,000
1,924,422
6,750,000
113,976,260
400,000
400,000
400,000
$ 400,000
210
211
212
213
214
215
216
217
218
219
22O
221
222
223
224
Roadway Proiects Class:
Transfer To:
2-139 Kempsvllle Road - Phase III
2-149 B~rdneck Road - Phase II
2-209 Courthouse Loop North - Phase II
2-833 First Colonial Road - Phase III
Total Transfer To:
Transfer From:
2-036 Master Street and H~ghway Plan
2-037 Landstown Road
2-081 TCC Offslte Access Improvements
2-122 Gum Swamp Bridge
2-129 Elbow Road Bridge
2-133 Shore Drive Intersections
2-157 Lynnhaven Parkway - Phase IX
585,089
794,866
1,079,664
200,721
45,807
20,265
41,101
111,000
82,169
100,000
127,840
2,660,340
225
226
227
228
229
23O
231
232
233
234
235
236
237
238
2-169 Rosemont Road Widening
2-173 Bow Creek Bridge
2-175 Independence Boulevard - Phase IV B
2-219 Independence Boulevard - Phase IV C
2-264 Laskln Road - Phase III
2-269 Princess Anne Access Road
2-273 Landstown Road Extended - Phase I
2-277 Boy's Club~Girl's Club Access Road
2-831 Independence Boulevard - Phase III
2-903 Rudee Inlet Bridge
2-930 Salem Road
2-936 Ferrell Parkway - Phase lB
2-987 Independence Boulevard - Phase IV
Total Transfer From:
88,120
52,520
4O4,33O
497,310
121,390
30,266
256,487
130,121
12,189
50,000
198,866
12,001
278,558
2,66O,34O
239
24O
241
242
243
244
245
246
247
248
249
25O
251
252
253
254
255
256
I~lildinas Proiects Class'
Transfer To:
3-005 Underground Storage Tanks - C~ty
3-018 Fire/Rescue Station - Creeds
3-038 Various Buildings Rehablhtatlon and Renewal
3-111 City/School Consolidated Fueling Facilities
3-112 Princess Anne Commons Land Acqu~s~t,on
Information Technology Reserve
Total Transfer To:
Transfer From:
3-007 Pesticide Storage Famhty
3-015 Judicml Center Reserve
3-016 Dredge Operations Relocation
3-023 Social Services Building Replacement
3-024 Virginia Beach Juvenile Detention Center
3-277 F~nance Accounting System Replacement
3-994 District Court Building Renovation
Total Transfer From:
70,560
100,000
449,796
205,000
2,625,000
623,00O
4,073,356
22,466
350,000
90,118
100,000
2,625,000
883,000
2,772
4,O73,356
257
258
259
26O
261
262
263
Parks and Recreation Proiects
Transfer To:
4-959 Golf Course Infrastructure and Equipment
Total Transfer To:
Transfer From:
4-953 West Neck Creek Golf Course
Total Transfer From:
$ 367,089
$ 367,089
$ 367,089
$ 367,089
264
265
266
267
268
269
Storm Water Proiects Class:
Transfer To:
7-114 Pnncess Anne Plaza Drainage - Phase II
7-11 5 Rosemont Road - Windsor Woods Drainage
7-144 Sandbr~dge Drainage Improvements
7-181 Pocahontas Village
$ 865,000
100,O00
205,544
$ 44,456
27O
271
272
273
274
275
276
277
278
279
28O
7-800 Lynnhaven Colony/Cape Story by the Sea Drainage
7-902 North Beach Storm Drainage
Total Transfer To:
Transfer From:
7-001 Chesapeake Beach/Lake Chubb
7-002 Lynnhaven Dr~ve/Long Creek Canal Drainage
7-170 North Beach Drainage Interim Improvements
7-185 Indmn Lakes Drainage
7-272 Lake Holly Dredging
7-960 Oceana Gardens West Drainage
Total Transfer From:
280,537
310,000
$ 1,805,537
250,000
250,000
310,000
300,000
615,000
80,537
1,805,537
281
282
283
284
285
286
287
288
289
29O
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
Water and Sewer Utility Pro_iects Class:
Transfer To:
5-081 Sherry Park - 51% Type
5-094 Small L~ne Improvements - Phase III
5-129 Potable Wells Evaluation Program
5-148 Elbow Road Extended - Water Ma~n
6-025 Shell Road West
6-033 Infiltration, Inflow, and Rehab~htat~on - Phase III
6-064 Sewer Pump Station Alarm System
6-931 Sandbndge
6-937 Aragona Rehab~htat~on
6-949 Reon Drive
Revenue Reduction (3491-1-8-04-17) (6-059)
Transfer to Debt Serwce (VRA Loan for 6-931)
Total Transfer To:
Transfer From:
5-004 Dam Neck Tank
5-006 Dam Neck Road - Phase II
5-048 Lynnwood/M~chaelwood - 51% Type
5-062 Ferrell Parkway - Phase V
5-076 Kempsvllle Road
5-080 Lakev~lle Estates - 51% Type
5-103 Old Princess Anne Road - 51% Type
5-111 Avalon Terrace 'A" - 51% Type
5-113 Potters Road - 51% Type
5-119 Flow Monitoring Program
5-126 Water Quahty Program
5-713 Landstown Suction Ma~n
5-921 London Bridge Mmn
5-944 Ferrell Parkway - Phase II
5-966 Atlantic Avenue Improvements
6-O01 Old Pnncess Anne Road
6-003 Landstown Road
6-004 Landstown Mun~mpal Property
6-006 Grayson/Bonney Road
6-008 Dozier's Bridge
950,000
75,096
350,000
400,000
515,000
525,000
500,000
405,906
337,812
400,000
270,000
594,094
$ 5,322,908
150,000
10,000
20,000
50,000
150,000
150,000
35,000
30,000
100,000
150,000
200,000
10,000
30,000
50,000
51,078
10,000
50,000
50,000
9,694
25,000
317
318
319
32O
321
322
323
324
325
326
327
328
329
33O
331
332
333
6-014 Potters Road
6-017 Various Highway Projects - Phase II
6-026 Witchduck Point
6-047 19th Street Utility Improvements
6-059 Seaboard Road Golf Course
6-062 Amphitheatre Sewer Extension
6-925 Atlantic Avenue Improvements
6-940 East Sparrow Road
6-941 Laural Manor/Dogwood Manor
6-944 Princess Anne Hills
6-947 Homestead
6-948 Lynnwood/M~chaelwood - 51% Type
6-984 North Seaboard Road
6-994 Ashmore Drive
6-995 Lakevllle Estates
Investment Utility System (Completed Water and Sewer Projects)
Total Transfer From:
300,000
92,954
100,000
26,846
270,000
350,000
218,768
3O,0OO
519,933
300,000
400,000
370,000
10,000
40,665
20,000
942,970
$ 5,322,908
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
35O
351
352
353
354
355
356
357
358
359
36O
361
Section 6. That additional appropriations and the addition of capital projects shall not be ~nltlated
except with the consent and approval of the C~ty Council first being obtained
Section 7. All contracts awarded for approved and appropriated capital projects, exclusive of school
projects, must be certified as to the ava~lab~hty of funds by the Director of F~nance prior to the ~n~t~at~on of work
on the contract.
Section 8 Subject to any applicable restriction of law or of any bonds or bond issue that the City
Manager or the D~rector of Management Services ~s authorized to approve transfers of appropriation in an
amount up to $25,000 between capital projects within a project class as may best meet the needs of the City.
The C~ty Manager or the Director of Management Serwces ~s hereby authorized to estabhsh and administer the
budgeting of Capital Projects consistent w~th best management practices, reporting requirements and the Capital
Improvement Program adopted by the City Council.
Section 9. That the City Manager or the D~rector of Management Serwces ~s authorized to change,
subject to any apphcable restnct~on of law or of any bonds or bond ~ssue, the F~nanmng Sources for the vanous
capital projects ,ncluded in th~s ordinance to reflect effective ut~hzatlon of the F~nanc~ng Sources. If the
F~nanmng Sources in support of capital projects dechne, the City Manager or the D~rector of Management
Serwces is authorized to reduce, subject to any applicable restnctlon of law or of any bonds or bond issue, those
appropriations to equal the changed Funding Source. The C~ty Manager must g~ve prior not~ce to the C~ty
Council of any reductions to total appropriations exceeding $25,000. The not~ce to C~ty Council shall ~dentify
the bas~s and amount of the appropriation reduction and the Capital Projects affected The Accounting Records
of the c~ty w~ll be maintained ~n a manner where the total of F~nanc~ng Sources ~s equal to the total appropria-
tions for each of the mty's capital projects funds.
Section 10. That the Capital Improvement Program debt management pohc~es contained and ,ncluded
~n the Resource Management Plan - Executive Summary document shall be the pohcy gu~dehnes of the City and
that the City Manager shall annually report on the status of those guldehnes and the projected impact of the
proposed Capital Improvement Program on those gu~dehnes, such information to be ~ncluded in the Capital
Improvement Program submittal. The City Manager may propose modifications to those pohc~es and guidelines
through the Cap,tal Improvement Program.
Section 11. That ~f any part or parts, section or sectmns, sentences, clauses, phrases of th~s ordinance
362
363
364.
365
366
~s for any reason declared to be unconstitutional or ~nvahd, such dec,sion shall not affect the vahd~ty of the
remaining portmns of th~s ordinance.
Section 12. Violation of this ordinance shall result in d~smphnary action by the C~ty Manager on the
person or persons responsible for the capital project category ~n which the violation occurred.
Section 13. That th~s ordinance shall be in effect from and after the date of its adoption.
Adopted by the Council of the City of V~rgln~a Beach, Virg~n~a on the 13th day of M~Y , 1997.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS IN THE MAXIMUM
AMOUNT OF $54,100,000 FOR VARIOUS PUBLIC
FACILITIES AND GENERAL IMPROVEMENTS
WHEREAS, the C~ty of Virginia Beach, Virginia (the "C~ty"), desires to authorize the ~ssuance of
general obhgatlon pubhc ~mprovement bonds for vanous purposes in the maximum amount of $ 54,1 O0,000 as
permitted by the C~ty Charter w~thout submitting the question of their ~ssuance to the quahfled voters.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. It ~s hereby determined to be necessary and expedient for the City to construct and ~mprove
vanous pubhc facd~tles and make general ~mprovements, all of which will promote the public welfare of the City
and ~ts inhabitants and will facilitate the orderly growth, development, and general welfare of the C~ty, and to
finance the costs thereof through the borrowing of $54,100,000 and ~ssu~ng the C~ty's general obhgat~on bonds
therefor
2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to
be issued public improvement bonds of the City in the maximum amount of ,~54,100,000, to provide funds,
together with other funds that may be available, for various public improvements, including Schools, Roadways,
Coastal, Economic and Tourism, Buildings, and Parks and Recreation projects for the following project activities
including, but not hmlted to: prehm~nary study, prehmlnary survey, permit compliance, environmental
assessment, planning, design, eng~neenng, s~te acquisition, residents relocation, utd~ty relocation, construction,
renovation, expansion, repair, demolition, site improvement, s~te work, legal services, ~nspect~on and support
serwces, furniture and equipment, and contingencies.
3. The bonds may be issued as a separate issue or combined with bonds authonzed for other
purposes and sold as part of one or more combined ~ssues of pubhc improvement bonds.
4. The bonds shall bear such date or dates, mature at such t~me or times not exceeding 40 years
from their dates, bear interest, be in such denominations and form, be executed ~n such manner and be sold at
such time or t~mes and in such manner as the Councd may hereafter prowde by appropnate resolution or
resolutions.
5. The bonds shall be general obhgat~ons of the C~ty for the payment of pnnc~pal, premium, ~f any,
and interest on which its full faith and credit shall be Irrevocably pledged.
6. The City Clerk ~s d~rected to make a copy of th~s ordinance continuously avadable for inspect~on
by the general pubhc during normal business hours at the C~ty Clerk's office from the date of adoption hereof
through the date of the ~ssuance of the Bonds.
7. The C~ty Clerk, ~n collaboration w~th the City Attorney, is authorized and d~rected to see to the
~mmed~ate flhng of a certified copy of this ordinance w~th the Circu~t Court of the C~ty of V~rgln~a Beach.
8. This ordinance shall be in full force and effect from ~ts passage.
Adopted by the Councd of the C~ty of V~rgima Beach, VIrg~n~a on the 13th day of Mity, 1997.
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER SYSTEM REVENUE BONDS
IN THE MAXIMUM AMOUNT OF $12,730,000
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WHEREAS, the City of V~rg~n~a Beach, V~rglnla (the "C~ty"), desires to authorize the issuance of
water and sewer system revenue bonds in the maximum amount of $12,730,000 for financing improvements
and expansions to the C~ty's water and sewer system (the "System"), as permitted by the C~ty Charter:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedmnt for the C~ty to continue its program of
~mprowng and extending the System which w~ll promote the pubhc welfare of the C~ty and ~ts inhabitants and
wdl famhtate the orderly growth, development, and general welfare of the City, and to finance the costs thereof
through the borrowing of $12,730,000 and issuing the City's revenue bonds therefor.
2. Pursuant to the City Charter and the Publm Finance Act of 1991, there are hereby authorized to
be ~ssued water and sewer system revenue bonds of the C~ty in the maximum amount of $12,730,000 to
provide funds, together with other available funds, for financing the costs of improvements and expansions to
the System
3. The bonds shall bear such date or dates, mature at such time or t.mes not exceeding 40 years
from their dates, bear interest, be ~n such denominations and form, be executed in such manner and be sold at
such time or t~mes and in such manner as the Counml may hereafter provide by appropriate resolution or
resolutions.
4. The System is an undertaking from which the C~ty may derive a revenue. The bonds shall be
hm~ted obhgat~ons of the City, payable as to pnnc~pal, premium, if any, and ~nterest solely from the revenues
derived by the C~ty from the System, and shall not be ~ncluded within the otherwise authonzed indebtedness of
the C~ty. The bonds shall not be deemed to create or constitute an ~ndebtedness of or a pledge of the faith and
credit of the Commonwealth of Virginia or of any county, city, town, or other pohtlcal subdivision of the
Commonwealth, including the C~ty. The issuance of the bonds and the undertaking of the covenants,
conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into
hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the C~ty, or any other
political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation
therefor, except from the revenues pledged to the payment of the pnnmpal of and premium, if any, and interest
on the bonds.
5. Such resolutions to be adopted and agreements to be entered ~nto hereafter authonz~ng the
~ssuance of the bonds and prowd~ng the details thereof shall contain appropriate covenants requ~nng the City to
fix, charge, and collect such rates, fees, and other charges for the use of and the servmes furnished by the
System and to revise the same from t~me to time and as often as shall be necessary so as to produce sufficmnt
net revenues to pay pnnmpal of and premium, if any, and interest on the bonds as the same become due and to
provide a margin of safety therefor. Such resolutions and agreements shall also ~nclude such additional
covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer
revenue obligations.
6. The C~ty Clerk is directed to make a copy of th~s ordinance continuously available for inspect~on
by the general public during normal business hours at the C~ty Clerk's office from the date of adoption hereof
through the date of the issuance of the bonds.
7. The City Clerk, in collaboration with the C~ty Attorney, is authorized and directed to see to the
immediate flhng of a certified copy of this ordinance w~th the Circuit Court of the C~ty of Virginia Beach.
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8. This ordinance shall be ~n full force and effect from its passage.
Adopted by the Counml of the C~ty of V~rginia Beach, V~rg~ma on the
13th day of
May ,1997
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AN ORDINANCE ESTABLISHING TWO NEW SCHOOL CAPITAL PROJECTS
AND APPROPRIATING $10,635,000 TO FUND THESE NEW PROJECTS
AS WELL AS CERTAIN EXISTING SCHOOL CAPITAL PROJECTS
WHEREAS, the City Council of the City of V~rglma Beach desires to establish certain new capital
projects, and to appropnate funds for these new projects as well as add~tmnal funds for certain existing projects;
WHEREAS, these projects will be funded by an appropriation of year-end surplus revenues from the
School Board's FY 1996-97 Operating Budget which, by law, revert to the City at the end of each fiscal year;
and
WHEREAS, the exact amount of the year-end surplus wdl not be determined untd several months after
the end of the fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. That C~ty Councd hereby estabhshes the following new school capital projects.
1-211 Operating Budget Support
1-202 Cooke Elementary School
2. That funds m the aggregate amount of $10,635,000 are hereby appropriated as follows, by
project, subject to the cond~tmns set forth m Sections 6, 7, 8, 9, and 10 of the Ordinance to Adopt the FY
1997-98 Capital Improvement Program as adopted by C~ty Councd on May 13, 1997'
Schools Section
1-211 Operating Budget Support
1-202 Cooke Elementary School
1-074 Renovations & Rep-Vanous
1-083 Renovations & Rep-Rerooflng
1-084 Renovations & Rep-HVAC Systems
$5,435,000
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91,240,200
91,478,300
91,881,500
3. That all appropnat~ons made by th~s ordinance are subject to the avadab,hty of sufficient year-
end surplus revenues ~n the V~rgm~a Beach School Board's FY 1996-97 Operating Budget; and
4. That City Councd hereby expressly reserves the right to modify or reduce these appropriations
prior to their effectwe date ~n the event that the revenues upon which the appropriations are based are not fully
reahzed.
This ordinance and ~ts provisions shall not take effect untd September 17, 1997.
Adopted by the Council of the City of Virg~ma Beach, V~rg~nia, on the 13th day of May. 1997
- 18-
Item IVJ. l.a b
These budget items can be found on Pages 14, 15, 16, and 17
Item IV-I.
ORDINANCES/RES OL UTIONS
ITEM # 42105
Upon motion by Vice Mayor Sessoms, seconded by Councdman Heischober, Ctty Council APPROVED
BY CONSENT in ONE MOTION Ordinances 2, 3, 4, 5 and 6 and Resolutions 1 and 2
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, William W Harrison, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan*,
Mayor Meyera E Oberndo~ Nancy K. Parker*, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
*Council Members Parker and McClanan VOTED A VERBAL NAY on Item 3 (Ordinances - TGIF)
May 13, 1997
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Item IV-I.2.
ORDINANCES/RES OL UTIONS
ITEM # 42106
Upon motion by Vice Mayor Sessoms, seconded by Councilman Hetschober, City Council ADOPTED:
Ordinance to ACCEPTand APPROPRIATE Grants of $48, 700from the
Ltbrary of Vtrginta to the Clerk of Circuit Court re microfilming of deed
books and purchase of a reader/printer, and, increase estimated State
revenues accor&ngly
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
May 13, 1997
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANTS OF $48,700 FROM THE
COMMONWEALTH OF VIRGINIA, LIBRARY OF VIRGINIA
FOR THE CLERK OF THE CIRCUIT COURT TO MICROFILM DEED
BOOKS AND TO PURCHASE A READER/PRINTER
WHF. RF_AS, the Clerk of the Circuit Court of the C~ty of Virginia Beach has the responsibility for maintenance
of public records, including land records for the City,
WHEREAS, the Clerk of the C~rcult Court has applied for, and has been awarded two one-time grants;
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WHEREAS, one grant is in the amount of $34,760 from the Library of Virginia for microfilming copies of some
deed books to allow for easier and more efficient copying of deeds books for the public and preserve the original deed
books;
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WHEREAS, the second grant ~s in the amount of $13,940 from the Library of V~rginia for the purchase of a
reader/printer to provide better and improved copies and viewing of microfilmed records for the public; and
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WHEREAS, the grants do not require matching funds from the City.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that two grants totaling $48,700 from the Commonwealth of Virginia, Library of Virginia be accepted and
appropriated to the Clerk of the C~rcuit Court's FY 1996-97 Operating Budget to fund the microfilming of deed books,
and to purchase a reader/printer.
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BE 1T FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that
Estimated State revenues from the Commonwealth are hereby increased by $48,700.
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This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
May ,1997.
13th day of
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APPROVED AS TO CONTENT
DEPARTMENT OF MANAGEMENT SERVICES
APPROVED AS TO LEGAL SUFFICIENCY AND FORM
CITY ATTORNEY
2 6 ¢ \budget~96-9'Aclrkmre ord vol 59 April 29, 1997 sgh
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Item IV-I.$.
ORDINANCES/RES OL UTIONS
ITEM # 42107
Upon motion by Vice Mayor Sessoms, seconded by Councdman Heischober, C~ty Council ADOPTED:
Or&nance to TRANSFER $366,040from the Tourism Growth Investment
Fund (TGIF) Reserve for Contingencies to the FY 1996-1997 Operattng
Budget to implement the Resort Area Trolley Pilot Program for the
upcomtng tourist season
a $296,040 to the Department of Planning
b. $ 70,000 to the Department of Public Works
Voting. 9-2 (By ConsenO
Council Members Voting Aye
John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, HaroM
Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E
Oberndorf, Vice Mayor William D. Sessoms, Jr and Louisa M Strayhorn
Counctl Members Voting Nay
Reba S McClanan and Nancy K Parker
Councd Members Absent:
None
May 13, 1997
AN ORDINANCE TO TRANSFER $366,040 FROM THE TOURISM
GROWTH INVESTMENT FUND RESERVE FOR CONTINGENCIES
TO THE FY 1996-97 OPERATING BUDGET IN ORDER TO IMPLEMENT
THE RESORT AREA TROLLEY PILOT PROGRAM, IN THE AMOUNTS OF
$296,040 TO THE DEPARTMENT OF PLANNING, AND
$70,000 TO THE DEPARTMENT OF PUBLIC WORKS
WHEREAS, Tidewater Regional Transit has completed a study of the use of trolleys in
the Resort Area; and
WHEREAS, in February, City Council was briefed on the results of this study; and
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WHEREAS, on April 29, there was a second briefing where staff provided to City
Council additional information regarding the implementation of a Resort Area Trolley Pilot
Program; and
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WHEREAS, City Council indicated a preference to implement the Resort Area Trolley
Pilot Program for the upcoming tourist season; and
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WIt~REAS, the cost to implement the pilot program is estimated to be $296,040 to
the Department of Planning, and $70,000 to the Department of Public Works; and
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WHEREAS, there is $366,040 presently available for transfer from the Tourism
Growth Investment Fund Reserve for Contingencies;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $366,040 be transferred
from the Tourism Growth Investment Fund Reserve for Contingencies to the FY 1996-97
Operating Budget in order to implement the Resort Area Trolley Pilot Program, in the amounts
of $296,040 to the Department of Planning, and $70,000 to the Department of Public Works.
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This ordinance shall be in effect from the date of its adoption.
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Adopted the 13th day of
Virginia Beach, Virginia.
May
, 1997, by the Council of the City of
APPROVED AS TO CONTENT
Walter C. Kra e~g~.
Department of Management Services
I II I I
APPROVED AS TO ~
LEGAL SUFFICIENC'¢
I I I ~ I
f'\users\sjohnston\council\restroly.ord
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Item IF-I. 4.
ORDINANCES/RES OL UTIONS
ITEM # 42108
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to authorize temporary encroachments into a portion of the
City's drainage easement at 2233 Admiral Circle by Joseph T Wool re
construction and maintenance of a wooden bulkhead.
The following conditions shall be required:
.
The temporary encroachments shall be constructed and
maintained in accordance with the laws of the Commonwealth
of Virginia and the City of Virginia Beach and tn accordance
with the City of Virginia Beach Public Works Department's
specifications and approval as to size, alignment and location.
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The temporary encroachments shall terminate upon notice by
the City of Virginia Beach to the applicant and, within thirty
(30) days after such notice is given, such temporary
encroachments shall be removed from the City's drainage
easement by the applicant and the applicant shall bear all costs
and expenses of removal.
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The applicants shall tndemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses and expenses, including reasonable
attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of such temporary
encroachments.
.
No permission or authority is given to the applicants to permit
the maintenance or construction of any encroachment other
than that specified herein and to the limtted extent specified
herein, nor to permit the maintenance and construction of any
encroachments by any one other than the applicants.
5. The applicants agree to maintain the temporary encroachments
so as not to become unsightly or a hazard.
6.
The applicant must obtain a permit from the Development
Servtces prior to commencing any construction within the Ctty's
right-of-way.
All outfall pipes in the area must be tied through the bulkhead
wall as per the Virgtnia Department of Transportation Road
and Bridge Standard Specifications.
8 At all times, clear access must be maintained over the pipe line
systems that convey City waters for future maintenance.
May 13, 1997
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE CITY'S
DRAINAGE EASEMENT AT 2233
ADMIRAL CIRCLE BY JOE WOOL,
HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Joe Wool , desires to construct and maintain a
temporary encroachment into the City's drainage easement located at
2233 Admiral Circle to construct and maintain a wooden tongue and
groove bulkhead two feet in front of an existing bulkhead which
will be removed.
WHEREAS, City Council is authorized pursuant to §§ 15.1-
316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize
a temporary encroachment upon the City's right-of-way and
easements subject to such terms and conditions as Council may
prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as
amended Joe Wool his heirs, assigns and successors in title is
authorized to construct and maintain a temporary encroachment into
a portion of the City's drainage easement as shown on the map
entitled: "PLAT SHOWING PROPOSED BULKHEAD, AT 2233 ADMIRAL CIRCLE,
IN: CAPE HENRY SHORES AT: VIRGINIA BEACH, VA, APPLICATION BY: MR.
WOOL, PREPARED BY WIRT E. SHINAULT, P.E., DATED AUGUST 10, 1996,
SCALE:i" = 30'" a copy of which is on file in the Department of
Public Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
~ II
Joe Wool (the Agreement ) which is attached hereto and
incorporated by reference; and
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BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Joe Wool and the City Manager or his
authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of May , 1997.
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CA-#
wp61\br~tt\wool. ORD
R-1
PREPARED: EWB\pw
VED AS TO CONTENTS
S~A~
DEP~~T
APPROVED AS TO LE~tL
SUFFICIENCY AND FORM
i
SEASHORE STATE PARK
SITF
ENCROACHMENT
REQUEST
FOR
JOSEPH
Co&
MELISSA
2537 PAMLICO
~ SCALE: I"- 2
\
LOOP
\
,,
\ \
,,
\
M, WOOL
PREPARED BY P/W ENG, DRAFT, 1/15/97
PURPOSE: REPLACE
BULKHEAD
DATUM: MEAN LOW WATER
ADJACENT PROPERTY OWNERS
1
SITE MAP
"EXHIBIT ill,=
MR. WOOL
CAPE HENRY SHORES
2253 ADMIRAL CIRCLE
PLAT SHOWING
PROPOSED BULKHEAD
at: 2233 ADMIRAr. CIRCr,E
IN: CAPE HENRY SHORES
AT: VA BEACH, VA
APPUCATION BY:
MR. WOOL
PREPARED BY:
THIS AGREEMENT, made this ~ day of /~~'~ ,
19 ~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and JOE
WOOL, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party
of the second part.
WITNESSETH:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a bulkhead in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such bulkhead,
it is necessary that the said party of the second part encroach
into a portion of an existing City drainage easement; and said
party of the second part has requested that the party of the
first part grant a temporary encroachment to facilitate such
bulkhead within a portion of the City's drainage easement.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's drainage easement for
the purpose of constructing and maintaining such bulkhead.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a
portion of the City's variable
width drainage easement as
shown on that certain plat
entitled: "PLAT SHOWING
PROPOSED BULKHEAD IN CAPE
HENRY SHORES, AT 2233 ADMIRAL
CIRCLE, VIRGINIA BEACH,
VIRGINIA, SCALE 1" = 30',
DATED AUGUST 10, 1996, BY WIRT
E. SHINAULT, P.E." a copy of
which is attached hereto as
Exhibit "A" and to which
reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
city's drainage easement by the party of the second part; and
that the party of the second part shall bear all costs and
expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that all
outfall pipes in the area must be tied through the bulkhead wall
as per the Virginia Department of Transportation Road and Bridge
Standard Specifications.
It is further expressly understood and agreed that, at
all times, clear access must be maintained over the pipe line
systems that convey City waters for future maintenance.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes~ may require the party of the second part
to remove such temporary encroachment~ and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the Citygs
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part~ and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, has caused this Agreement to be
executed by Joe Wool. Further, that the City of Virginia Beach
has caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and
attested by its City Clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST.'
City Clerk
City Manager/Authorized
Designee of the City Manager
APPROVED AS TO
LEGAL SUFFICIENCY
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of , 19 , has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
, ,.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
jO/~V~ A,S TO CONTENI
DEPARTMENT
- 23 -
Item IFoI.$.
ORDINANCES/RES OL UTIONS
ITEM # 42109
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to authorize the City Manager to enter into a Lease (not to
exceed forty (40) years) and Disposal Services Agreement with Sanifill
of Virginia, Inc. on 14.634 acres of City-owned property adjacent to
Landfill No. 2, off Jake Sears Road, rejotnt access with the City and the
operation, maintenance and support of a construction/demolition/debris
landfill provided said agreements are executed and returned to the City
within thirty (30) days from the date of adoption. (KEMPSVILLE
BOROUGH)
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 13, 1997
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AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO ENTER INTO A
LEASE WITH SANIFILL OF
VIRGINIA, INC., ("GRANTEE")
NOT TO EXCEED FORTY (40)
YEARS, OF CITY-OWNED PROPERTY
CONTAINING 14.634 ACRES IN THE
KEMPSVILLE BOROUGH FOR JOINT
ACCESS WITH THE CITY AND THE
OPERATION, MAINTENANCE AND
SUPPORT OF A CONSTRUCTION/
DEMOLITION/DEBRIS LANDFILL
ADJACENT TO LANDFILL NO. 2
PURSUANT TO THE DISPOSAL
SERVICES AGREEMENT ATTACHED TO
THE LEASE AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
ENTER INTO THE DISPOSAL
SERVICES AGREEMENT WITH THE
GRANTEE.
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WHEREAS, the City of Virginia Beach owns property
22 at the northeast corner of Landfill No. 2 off of Jake Sears Road
23 in the Kempsville Borough identified as "PROPOSED LEASE AREA"
24 containing 14.634 Acres as shown on the plat entitled "PLAN
25 SHOWING AREA TO BE LEASED TO SANIFILL OF VIRGINIA, INC "
·
26 prepared by FLORA & RAMSEY, which is attached hereto as Exhibit A
27 (hereinafter referred to as the "Property");
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WHEREAS, by Ordinance adopted on the 17th day of
29 December, 1996 City Council authorized and directed the City
30 Manager or his designee to invite bids for a lease not to exceed
31 forty (40) years of the Property for joint access with the City
32 and the operation, maintenance and support of a
33 construction/demolition/debris landfill adjacent to Landfill No.
34 2 pursuant to the Disposal Services Agreement attached to the
35 proposed lease;
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WHEREAS, pursuant to that Ordinance, the City
37 Manager caused an invitation to bid to be advertised in
38 accordance with the provisions of §§ 15.1-307, et seq., of the
39 Code of Virginia of 1950, as amended; and
40 WHEREAS, the only bid was submitted by Sanifill of
41 Virginia, Inc.
42
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
43 THE CITY OF VIRGINIA BEACH, VIRGINIA:
44 That the City Manager is hereby authorized and directed to enter
45 into a Lease Agreement and a Disposal Services Agreement with the
46 Grantee substantially in the forms attached hereto as Exhibit B
47 and Exhibit C which are hereby incorporated by reference;
48 provided, said agreements are executed and returned to the City
49 by the Grantee within thirty (30) days from the date of adoption
50 hereof.
51
Adopted by the Council of the City of Virginia
52 Beach, Virginia on the 13th day of May
, 1997.
53 CA-6425
54 NONCODE~CA6425.0R2
55 R-1
56 R-2
57 PREPARED: 3/28/97
APPROVED AS TO CONTENTS
S I GNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
EXHIBIT A TO ORDINANCE
PLAT OF LEASE AREA
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EXHIBIT B TO ORDINANCE
LEASE AGREEMENT
LEASE
THIS LEASE is made this day of
, 1997, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia
(the "Lessor"), and SANIFILL OF VIRGINIA, INC., a Delaware
corporation authorized to do business in Virginia, and trading as
Tidewater Recylable Products, Inc. (the "Lessee").
WITNES SETH~
THAT FOR and in consideration of the sum of TEN
DOLLARS ($10.00), and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
Lessor hereby leases to the Lessee, and the Lessee hereby Leases
from the Lessor, the property described in Exhibit A attached
hereto containing 14.634 acres (the "Property"), on and subject
to the following terms:
1. TERM. The term of this Lease shall coincide
with the term of that certain Disposal Services Agreement (the
"DSA") between the Lessee and the Lessor, a copy of which is
attached hereto as Exhibit B, but in no event shall such term
exceed forty (40) years from the date of this Lease.
2. RENT. Rent in the amount of One Dollar
($1.00), shall be payable by the Lessee to the Lessor annually,
in advance and without demand therefore being made commencing
with the Commencement Date of the DSA and continuing on each
anniversary of the Commencement Date of the DSA until expiration
or termination of the DSA.
3. USE. The Property shall be used for joint
access with the Lessor and the operation, maintenance and support
of a construction/demolition/debris landfill adjacent to Landfill
No. 2 in accordance with and subject to the provisions of the
DSA.
4. CONDITIONS. This Lease is subject to all of
the terms and conditions of the DSA, which terms and conditions
are incorporated herein by reference and made a part hereof.
5. REAL ESTATE TAXES. The Lessee shall pay all
real estate taxes assessed against the Property. Due to the
uncertain length of the term of this Lease, for purposes of
§58.1-3203 of the Code of Virginia as now codified, it is agreed
that the term of this Lease shall be deemed to be twenty (20)
years.
6. COMPLIANCE WITH LAWS. During the term of this
Lease, the Lessee shall comply with all applicable laws affecting
the Property and the use thereof by the Lessee.
7. INSURANCE. With respect to the Property, the
Lessee shall maintain the insurance policies required by the DSA.
8. DEFAULT AND TERMINATION. A default under the
DSA shall be a default under this lease and entitle the non-
defaulting party to the same rights and remedies as provided in
the DSA. Either party may terminate this Lease for the same
reasons and in the same manner as provided in the DSA for
termination.
9. ASSIGNMENT. This Lease shall not be assigned
by the Lessee without the written consent of the Lessor.
10. MODIFICATION. This Lease constitutes the
entire agreement between the parties and shall not be modified
except by written agreement executed by both parties.
11. CONDITIONS. This Lease is expressly
contingent upon the Lessee obtaining prior to July 1, 1999, all
required permits, approvals and licenses necessary to operate a
construction/demolition/debris landfill.
IN WITNESS WHEREOF, the Lessor and the Lessee have
caused this Lease to be executed by their respective duly
authorized representatives.
LESSOR:
CITY OF VIRGINIA BEACH
BY:
City Manager
Attest:
City Clerk
(Seal)
Attest:
LESSEE:
SANIFILL OF VIRGINIA, INC.,
a Delaware corporation
BY:
Title:
Secretary
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to- wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
JAMES K. SPORE, City Manager of the City of Virginia Beach,
Virginia, the Lessor, whose name as such is signed to the
foregoing writing, has acknowledged the same before me in my City
and State aforesaid on behalf of the City.
Given under my hand this
day of , 1997.
My commission expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and
for the City and State aforesaid, do hereby certify that RUTH
HODGES SMITH, City Clerk of the City of Virginia Beach, Virginia,
the Lessor, whose name as such is signed to the foregoing
writing, has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this
day of , 1997.
My commission expires:
Notary Public
STATE OF
CITY/COUNTY OF
, to-wit:
I, , a Notary Public in and for
the City and State aforesaid, do hereby certify that
, President, and ,
Secretary, respectively of SANIFILL OF VIRGINIA, INC., a Delaware
corporation, Lessee, whose name(s) as such are signed to the
foregoing writing, have acknowledged the same before me in my
City and State aforesaid on behalf of the Lessee.
Given under my hand this
day of , 1997.
my commission expires:
Notary Public
G \DATA\FORMS\DEEDS\WORKING\DF3910 LS1
EXHIBIT C TO ORDINANCE
DISPOSAL SERVICES AGREEMENT
DISPOSAL SERVICES A~REEMENT
TABLE OF CONTENTS
1. CERTAIN DEFINITIONS
2. CONDITIONS PRECEDENT TO COMMENCEMENT OF AGREEMENT
3. TERM
4. LEASE OF ADJACENT PROPERTY . . .
5. DISPOSAL OBLIGATIONS AND RIGHTS .
6. DISPOSAL FEES AND HOST FEES
7. PAYMENT
8. COVENANTS OF SVA .
9. COVENANTS OF CITY .
10. TITLE; INDEMNITY BY SVA AND CITY
11. INSLrRANCE .......
12. REMOVAL OF UNACCEPTABLE WASTE
13. REPRESENTATIONS AND WARRANTIES OF SVA ........
14. REPRESENTATIONS AND WARRANTIES OF CITY ........
15. ACCESS TO AND OPERATION OF THE FACILITY .
16. DEFAULT; TERMINATION ........
· 2
· 7
· . 7
· 7
· 8
10
12
12
13
· . 15
15
16
17. PROVISIONS FOR EARLY TERMINATION .......... 19
18. EXTRAORDINARY LEVIES; CHANGE IN LAW; RENEGOTIATION . . . 19
19. MISCELLANEOUS .................... 20
DISPOSAL SERVICES AGREEMENT
THIS DISPOSAL SERVICES AGREEMENT ("Agreement") is made
this day of , 1997, by and between SANIFILL OF
VIRGINIA, INC., a Delaware corporation, authorized to do business
in Virginia, and trading as Tidewater Recyclable Products, Inc.
("SVA"), and THE CITY OF VIRGINIA BEACH, VIRGINIA, a Virginia
Municipal Corporation of the Commonwealth of Virginia (the "City").
WITNE SETH:
WHEREAS, SVA, desires to operate a Construction/
Demolition/Debris Landfill (as hereinafter defined) and recycling
facility at an existing inert materials landfill and sand mining
facility located adjacent to the City's Landfill No. 2 off
Centerville Turnpike in the City of Virginia Beach (which
Construction/Demolition/Debris Landfill and recycling facility,
with all improvements, modifications, expansions or other changes,
is known for purposes of this Agreement as the "Facility"); and
WHEREAS, the existing inert materials landfill operates
under a Conditional Use Permit heretofore approved by the Council
of the City to Williams Corporation of Virginia on March 26, 1990,
a copy of which is attached hereto as Exhibit A (the "CUP"); and
WHEREAS, an amendment to the CUP was requested from the
City so as to allow the operation of the Facility; and
WHEREAS, the Council of the City approved amendments to
the CUP on September 26, 1995 a copy of which is attached hereto
and made a part hereof as Exhibit B (the CUP, as amended, being
hereafter referenced as the "Amended CUP"); and
WHEREAS, the City desires an additional solid waste
disposal facility to assist in meeting its recycling and disposal
responsibilities and needs; and
WHEREAS, the City desires to secure the disposal rights
at the Facility and the host fees from SVA as set forth herein in
accordance with the terms hereof;
NOW, THEREFORE, in consideration of the mutual benefits
to be derived from this Agreement and of the representations,
warranties, covenants, conditions and other provisions hereinafter
set forth, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree
as follows:
1. CERTAIN DEFINITIONS.
(a) Actual Delivery. The term "Actual Delivery" means
the actual amount of Construction/Demolition/Debris Waste
delivered or caused to be delivered to the Facility during a
Contract Year by the City or Disposers, as hereafter defined.
(b) ADDlicable Laws. The term "Applicable Laws" means
each and all federal, state and local laws, rules,
regulations, orders, ordinances, permits, licenses, directives
and other approvals applicable to SVA, the City, the Facility
or the transportation or disposal of Construction/Demolition/
Debris Waste.
(c) City Haulers. The term "City Haulers" means those
City vehicles, City agents or City contractors collecting and
delivering City Construction/Demolition/Debris Waste to the
Facility.
(d) City Construction/Demolition/Debris Waste. The term
"City Construction/Demolition/Debris Waste" shall mean
Construction/Demolition/Debris Waste generated, collected and
delivered by the City or on behalf of the City by City
Haulers, as herein defined, but in no event shall it include
Construction/Demolition/Debris Waste collected by the City
from Disposers.
(e) Closure. The term "Closure" shall mean the
satisfactory completion of the closure requirements of all
Applicable Laws.
(f) Completely Filled or Rendered Unusable. The term
"Completely Filled or Rendered Unusable" means such time as
the Facility either is (i) permanently closed by SVA or (ii)
completely filled or (iii) otherwise rendered unusable by
reason of the lack of or withdrawal of a required license,
permit, consent or other approval of any federal, state or
local government or by reason of any action by a court or any
administrative order, ruling or proceeding which occurs from
events other than SVA's failure to comply with any required
license, permit, consent or other approval of any federal,
state, or local government after SVA has used all reasonable
administrative or judicial remedies to retain or prevent the
loss of such license or permit or to obtain such consent or
approval, or SVA's failure to comply with the provisions of
this Agreement.
(g) Construction/Demolition/Debris Landfill
"Construction/Demolition/Debris Landfill" means a land burial
facility engineered, constructed and operated to contain and
isolate Construction Waste, Demolition Waste, Debris Waste,
Inert Waste, or combinations of the above solid wastes.
(h) Construction Waste "Construction Waste" means solid
waste which is produced or generated during construction,
remodeling, or repair of pavements, houses, commercial
buildings, and other structures. Construction wastes include,
but are not limited to lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, paving materials, and metal
and plastics if the metal or plastics are a part of the
materials of construction or empty containers for such
materials. Paints, coatings, solvents, asbestos, and liquid,
compressed gases or semi-liquids and garbage are not
Construction Waste.
(i) Construction/Demolition/Debris Waste. The term
"Construction/Demolition/Debris Waste" shall mean Construction
Waste, Demolition Waste, Debris Waste, and Inert Waste, as
hereinafter defined, and combinations of the above solid
wastes.
(j) Contract Year. The term "Contract Year" shall mean
a period of 12 successive months beginning on the first of
July following the Commencement Date and each first of July
thereafter during the term of this Agreement; provided,
however, that the period from the Commencement Date until the
beginning of the first Contract Year shall be the initial
contract year and the final contract year shall be the
contract year during which the Facility becomes Completely
Filled or Rendered Unusable. The "Commencement Date" shall
mean the last to occur of the effective date of the Amended
CUP or the date on which SVA receives all of the required
permits, approvals and licenses necessary to operate the
Facility, which in no event shall be later than July 1, 1999.
(k) Debris Waste "Debris Waste" means wastes resulting
from land clearing operations. Debris wastes include, but are
not limited to stumps, wood, brush, leaves, soil, and road
spoils.
(1) Demolition Waste "Demolition Waste" means that
solid waste which is produced by the destruction of structures
and their foundations and includes the same materials as
construction wastes.
(m) Disposers. The term "Disposers" means each and any
disposer of Non-City Construction/Demolition/Debris Waste
collected and delivered to the Facility other than the City.
(n) Force Majeure. The term "Force Majeure" means any
act, event or condition relied upon by a party as
justification for delay in or excuse from performing an
obligation (other than the obligations to make the payments
called for by this Agreement) or complying with any condition
required of such party under this Agreement, which act, event
or condition is beyond the actual control of the party,
relying thereon, including, without limitation- (i) an act of
od, epidemic, landslide, lightning, earthquake, fire,
explosion, storm, flood or similar occurrence, an act of
public enemy, war, embargo, blockade, insurrection, riot,
general arrest or restraint of government and people, civil
disturbance or disobedience, sabotage or similar occurrence;
(ii) a strike, work slowdown, or similar industrial or labor
action; (iii) the order or judgment or other act of any
federal or state court, administrative agency or governmental
office or body; (iv) the denial, loss, suspension, expiration,
termination or failure of renewal of any permit, license or
other governmental approval required to operate the Facility;
(v) the adoption or change (including a change in interpre-
tation) of an Applicable Law adversely affecting the
obligations of either party hereunder; (vi) breakage or
accidents to machinery or equipment; or (vii) delays in
obtaining, or reductions or shortages of supplies, materials,
equipment, fuel, or soil or other cover material, necessary to
SVA's performance hereunder.
(o) Guaranteed City CaDacity. The term "Guaranteed City
Capacity" means that number of cubic yards of City
Construction/Demolition/Debris Waste for which SVA guarantees
the City disposal rights at the Facility and which guaranteed
amount shall equal the product obtained by multiplying by 1.25
the additional cubic yards of capacity which the Facility will
have as a result of the lease by the City to SVA of the
Adjacent Property as compared to the capacity the Facility
would have had without the use of the Adjacent Property as
finally determined by SVA's engineers and verified by the City
as of the Commencement Date. Following such determination and
verification, the parties shall evidence the actual Guaranteed
City Capacity by an addendum to this Agreement.
(p) Hazardous Waste. The term "Hazardous Waste" means
all waste defined as hazardous materials, hazardous wastes,
hazardous substances, toxic wastes or substances or
radioactive waste as those terms are defined by the Resource
Conservation and Recovery Act of 1976; the Comprehensive
Environmental Response, Compensation and Liability Act of
1980; the Atomic Energy Act of 1954; the Toxic Substances
Control Act; the Occupational Health and Safety Act; each
comparable or similar Virginia statute; or any other
Applicable Law and the rules and regulations promulgated under
any of the foregoing, as each from time to time may be
amended, provided that the term Hazardous Waste shall be
construed to have the broader, more encompassing definition
where there exists a conflict in the definitions employed by
two or more governmental agencies having concurrent or
overlapping jurisdiction over Hazardous Waste.
(q) Inert Waste "Inert Waste" means solid waste which
is physically, chemically, and biologically stable from
further degradation and considered to be nonreactive. Inert
wastes include rubble, concrete, broken bricks, bricks, and
blocks.
(r) Infectious Waste. The term "Infectious Waste" means
waste that may be considered pathological or bio-hazardous
originating from hospitals, public or private medical clinics,
departments or research laboratories, pharmaceutical
industries, medical or dental offices, nursing homes, blood
banks, forensic medical departments, mortuaries, veterinary
facilities and other similar facilities and includes, but is
not limited to, equipment, instruments, utensils, fomites,
laboratory waste (including pathological specimens and fomites
attendant thereto), surgical facilities, equipment, bedding
and utensils (including pathological specimens and disposable
fomites attendant thereto), sharps (including for example
hypodermic needles and syringes), dialysis unit waste, animal
carcasses, offal and body parts, biological materials
(including for example vaccines and medicines) and other
similar materials.
(s) Non-City Construction/Demolition/Debris Waste. The
term "Non-City Construction/Demolition/Debris Waste" shall
mean all Construction/Demolition/Debris Waste other than City
Construction/Demolition/Debris Waste.
(t) Solid Waste. The term "Solid Waste" means any
garbage, refuse or rubbish resulting from industrial,
commercial, residential or community activities, but
specifically excludes: (i) Construction/Demolition/Debris
Waste; (ii) Infectious Waste; (iii) Hazardous Waste; (iv)
Special Waste; and (iv) any other material which does not
strictly conform to the description of materials which the
Facility is permitted to dispose of under its permits and all
Applicable Laws.
(u) Special Waste. The term "Special Waste" means
material generated, directly or indirectly, as a result of a
manufacturing process or from the removal of contaminants from
the air, water or land; industrial process waste; pollution
control waste; sewage, sewage sludge or other residue from
waste water treatment facilities; and other refuse or rubbish
which is allowed by permit to be disposed of at the Facility
but which is required by SVA or any governmental authority or
by its general nature to be handled or disposed of other than
in accordance with the Facility's normal disposal and fill
operating procedures for Construction/Demolition/Debris Waste.
Special Waste specifically excludes Solid Waste,
Construction/Demolition/Debris Waste, Hazardous Waste and
Infectious Waste.
2. CONDITIONS PRECEDENT TO COMMENCEMENT OF AGREEMENT.
(a) SVA's Conditions Precedent. The obligations of SVA
hereunder are subject to the satisfaction of the following
conditions precedent:
(i) City shall have delivered to SVA evidence of
City's approval of the Amended CUP to permit the
operation of a Construction/Demolition/Debris Landfill;
and
(ii) City shall have delivered to SVA evidence of
City's adoption of an ordinance or resolution approving
the lease of the Adjacent Property (hereafter defined);
and
(iii) City shall have delivered to SVA evidence of
City's issuance of a conditional use permit applicable to
the Adjacent Property which contains substantially the
same terms and permits the same activities as the Amended
CUP or other evidence that the Adjacent Property can be
used as a Construction/Demolition/Debris Landfill without
additional use permits or amendments to existing use
permits ; and
(iv) SVA shall have obtained all necessary
regulatory permits, approvals and licenses necessary for
the operation of the Facility as a Construction/
Demolition/Debris Landfill, it being understood and
agreed that the Virginia Department of Environmental
Quality ("DEQ') will require evidence of (i), (ii), and
(iii) above as a condition precedent to the issuance of
any permit.
(b) City's Conditions Precedent. The obligations of
City hereunder are subject to the satisfaction of the
following conditions precedent:
(i) As of the Commencement Date there has not been
any material adverse change in the financial condition of
Sanifill or SVA since December 31, 1994.
(ii) SVA shall have obtained all necessary
regulatory permits, approvals and licenses for the
operation of the Facility as a Construction/
Demolition/Debris Landfill.
(iii) The Facility is in material compliance with all
Applicable Laws.
(iv) SVA has provided City with evidence that SVA
has met the requirements for insurance as described
herein, and has meet all of the financial assurance
requirements required by DEQ for the operation of the
Facility.
(v) Neither this Agreement, the Ordinance, nor the
Facility is the subject of litigation, the reasonably
likely result of which could materially affect the
performance of one or both of the parties to this
Agreement.
3. TERM. Subject to the conditions precedent set
forth in Section 2 and unless sooner terminated pursuant to
Section 16 or 17 hereof, the initial term of this Agreement
shall commence on the Commencement Date and continue until the
Facility is Completely Filled or Rendered Unusable, subject to
events of Force Majeure, or at such time as the City has
disposed of the Guaranteed City Capacity of City Construction/
Demolition/Debris Waste whichever shall first occur (the
"Initial Term"). The City may continue to dispose of City
Construction/Demolition/Debris Waste after it has disposed of
the Guaranteed City Capacity as hereinafter provided. The term
following the Initial Term and continuing until the Facility
is Completely Filled or Rendered Unusable shall be referred to
herein as the "Extended Term". The term of this Agreement
shall include the Initial Term, the Extended Term, if any, and
the period following Closure or termination during which SVA
has any outstanding obligations hereunder (collectively, the
"Term").
4. LEASE OF ADJACENT PROPERTY
On the Commencement Date and provided SVA has met all of
the conditions precedent set forth in Section 2, the City
agrees to and hereby does lease to SVA and SVA agrees to and
hereby does lease from the City on the terms and conditions
set forth herein at an annual rental of One Dollar ($1.00) per
year until the Facility is Completely Filled or Rendered
Unusable and has been closed by SVA in accordance with all
Closure requirements , that certain property containing a
total of 14.634 acres located between the SVA Property
(hereinafter defined) and the City's Landfill No. 2 and more
particularly described on Exhibit C (the "Adjacent Property")
of which 2.382 acres is reserved as a common access easement
as is also shown on Exhibit C for the joint use by SVA and the
City. SVA and the City agree to share equally the cost of
maintaining the common access easement. The lease of the
Adjacent Property shall be subject to all easements, right of
ways, and restrictions whether recorded or not. In the event
that DEQ requires a separate lease agreement as a condition of
the issuance of the permit, the City agrees to execute and
deliver the lease agreement as provided herein subject to the
condition that the permit is thereafter subsequently issued by
DEQ. The terms and conditions of this Agreement shall be made
a part of any such lease agreement.
5. DISPOSAL OBLIGATIONS AND RIGHTS.
(a) Disposal of Construction/Demolition/Debris Waste by
SVA. During the term of this Agreement SVA agrees to receive
and dispose only of (1) City Construction/Demolition/Debris
Waste delivered to the Facility by the City or City Haulers,
and (2) Non-City Construction/Demolition/Debris Waste
delivered to the Facility by the Disposers and to accept such
Construction/Demolition/ Debris Waste for disposal at the
Facility in accordance with the terms of this Agreement;
provided, however, that SVA, in its sole discretion, shall
have the right to reject any material which SVA determines
does not constitute Construction/Demolition/Debris Waste.
(b) Obliqation of City. The City shall require each
City Hauler of City Construction/Demolition /Debris Waste to
observe all the obligations under this Agreement to the same
extent that City is obligated to perform its obligations
hereunder.
(c) The provisions of (a) and (b) of this Section to the
contrary notwithstanding and provided this Agreement has not
been otherwise terminated, SVA may terminate this Agreement
after the expiration of twenty (20) years from the
Commencement Date upon thirty (30) days written notice to the
City.
6. DISPOSAL FEES AND HOST FEES.
(a) Base Disposal Fee. The initial Base Disposal Fee
for City Construction/Demolition/Debris Waste other than
Exempt City Construction/Demolition/Debris Waste delivered by
the City or by City Haulers during the Initial Term and
applicable to the Guaranteed City Capacity shall be Five and
75/100 Dollars ($5.75) per cubic yard. There shall be no
Disposal Fee for Exempt City Construction/ Demolition/Debris
Waste. As used herein the term "Exempt City Construction/
Demolition/ Debris Waste" shall mean City Construction/
Demolition/Debris Waste which can be and is utilized by SVA in
the operation of the Facility as determined by SVA in good
faith at the time of its delivery to the Facility. The
Disposal Fee for City Construction/Demolition/Debris other
than Exempt City Construction/Demolition/Debris Waste
delivered by the City or by City Haulers during the Extended
Term shall be the prevailing gate rate charged by SVA to
commercial customers from time to time throughout the Extended
Term.
(b) Host Fees. SVA shall pay the City an initial
Host Fee in accordance with Exhibit D attached hereto and
made a part hereof for all Non-City Construction/
Demolition/Debris Waste disposed of at the Facility other
than Non-City Construction/Demolition/ Debris Waste for
which SVA did not receive the posted gate rate and which
can be used by SVA in the operation of the Facility as
determined by SVA in good faith at the time of its
delivery.
(c) Increase in Base Disposal Fee and Host Fee.
(i) During the Initial Term, the initial Base Disposal
Fee set forth above will be increased as of each
July 1st, commencing on July 1st of the second
complete Contract Year, by an amount calculated by
multiplying the initial Base Disposal Fee by a
fraction, the numerator of which is the Consumer
Price Index most recently published preceding the
commencement of the Contract Year for which the
increase is being computed and the denominator of
which shall be the Consumer Price Index most
recently published preceding the Commencement Date.
(ii) Also the initial Host Fee set forth above will be
increased as of each July 1st, commencing on July
1st of the second complete Contract Year, by an
amount calculated by multiplying the initial Base
Host Fee by a fraction, the numerator of which is
the Consumer Price Index most recently published
preceding the commencement of the Contract Year for
which the increase is being computed and the
denominator of which shall be the Consumer Price
Index most recently published preceding the
Commencement Date.
For purposes of this Agreement, the term "Consumer
Price Index" shall mean the All Urban Consumer Price
Index (CPI-U, U.S. City Average, All Items, 1982/1984 =
100) as published by the United States Department of
Labor. If such Consumer Price Index should be discon-
tinued, then any successor Consumer Price Index of said
Department of Labor, or any successor agency thereto,
shall be used, and if there is no such Consumer Price
Index future adjustments shall be computed using the most
closely comparable statistics on the purchasing power of
the consumer dollar as published by a responsible
financial authority and selected by SVA and approved by
the City.
(d) Measurement. The number of cubic yards of
Construction/Demolition/Debris Waste for each vehicle shall be
determined upon its entrance to the Facility based upon the
full rated cubic yard capacity of the vehicle and noted on the
trip ticket. No vehicle shall proceed beyond the established
check-in point without a trip ticket.
7. PAYMENT.
(a) Payment of Disposal Fees. SVA shall issue a trip
ticket to each vehicle delivering City Construction/
Demolition/Debris Waste to the Facility, which trip ticket
shall show the date, vehicle number and the number of cubic
yards of City Construction/Demolition/Debris Waste in each
load to establish charges. On a monthly basis SVA shall send
City an invoice which shall include all charges through the
last day of the preceding month based on the Disposal Fee in
effect at that time. City agrees to pay all charges due and
owing hereunder to SVA within 30 days after the date of each
such statement. Amounts shown on each invoice which are
outstanding from City to SVA for more than 30 days shall
accrue an immediately payable service charge commencing with
the date of the applicable invoice. Such service charge shall
be the lesser of twelve percent (12%) per annum or the maximum
percentage allowable by law; provided, however, that accrual
of such service charge shall not remedy City's default for
nonpayment.
(b) Payment of Host Fees. SVA shall pay the City within
thirty (30) days following the end of each month all Host Fees
due to the City for the immediately preceding month and shall
submit to the City a written report indicating the total
amount of Non-City Construction/Demolition/Debris Waste
delivered to the Facility and how the Host Fee payment was
calculated.
(c) Netting Invoices. SVA may, if it so elects, credit
the amount of Host Fees which it owes the City against the
amount of Disposal Fees due SVA by the City and invoice the
City for the difference if the Disposal Fees due exceed the
Host Fees payable, or remit the difference to the City if the
Host Fees payable exceed the Disposal Fees due.
8. COVENANTS OF SVA.
(a) Compliance with Law. SVA shall operate the Facility
in compliance with all Applicable Laws.
(b) Traffic Control If after the Commencement Date the
increased traffic volume at the intersection of Jake Sears
Road and Centerville Turnpike primarily attributable to the
10
Facility warrants traffic control lights, SVA will, at its
expense, purchase and install such lights, otherwise SVA will
equitably share the expense of purchasing and installing such
traffic control lights with the City at such time as general
traffic volume warrants such lights; and
(c) Other Common Expenses Except as herein provided to
the contrary, SVA will also equitably share the expense of
activities or programs which benefit or effect jointly the
Facility and the City's Landfill No. 2. Such activities or
programs shall include without limitations, surface and
groundwater management and monitoring, leachate control,
access and access control.
(d) Buffer Area SVA will at its expense construct and
maintain until Closure a buffer area along the entire property
boundary adjacent to Centerville Turnpike and adjacent
properties in accordance with specifications and requirements
prescribed by the Virginia Department of Transportation
(VDOT), and to the extent that they do not conflict with and
are not more expensive than VDOT's specifications, with any
specifications of the City for the screening of landfills.
(e) Additional Covenants. As consideration for the
approval of the Amended CUP the leasing of the Adjacent
Property and the execution o~ this Agreement by the City,
during the term of the lease of the Adjacent Property and
during the term of this Agreement, SVA covenants and agrees
to:
(1) develop the Adjacent Property as a part of the
Facility for the disposal of Construction/Demolition/ Debris
Waste; and
(2) guarantee the City the right to dispose of the
Guaranteed City Capacity of City Construction/Demolition/
Debris Waste at the Disposal Fees herein established; and
(3) guarantee and pay the City Host Fees at the rates
herein established until the Facility is Completely Filled or
Rendered Unusable; and
(4) coordinate with the City and thereafter implement a
plan for Closure of the Facility which compliments the City's
plan for Closure of its adjacent Landfill No. 2;; and
(5) surrender the Adjacent Property to the City
following Closure in accordance with all Applicable Laws, or
the earlier termination of this Agreement; and
(6) after Closure, convey to the City for and in
consideration of the sum of Ten Dollars ($10.00) by general
11
warranty deed with English Covenants of title, but without any
express or implied warranty as to future use, free and clear
of all liens and encumbrances, good marketable, fee simple
title to the real property more particularly described on
Exhibit E attached hereto and made a part hereof (the "SVA
Property") and on which the Facility (not including the
Adjacent Property) is to be located; and
(7) conduct or have conducted at its expense all post-
Closure monitoring required at the Facility including the
Adjacent Property, under the closure provisions of all
Applicable Laws, including without limitation, groundwater and
leachate monitoring; and
(8) use its best good faith efforts to apply for and
obtain all required permits, licenses and approvals necessary
for the operation of the Facility as a Construction/
Demolition/Debris Landfill as soon as possible, and to keep
and maintain in force all such permits, licenses and approvals
and renewals and extensions thereof during the existence of
this Agreement; and
(9) grant City an easement for the location of City's
roadway associated with City's Landfill No. 2 over, across and
through that portion of SVA's property on which said roadway
currently encroaches; and
(10) provide the City with copies of any owner's or
mortgagee's title insurance policies and surveys SVA may from
time to time obtain for the SVA Property during the term of
this Agreement.
9. COVENANTS OF CITY.
(a) Equipment Damaqe. City shall be responsible for all
damage to SVA equipment occurring at the Facility caused by
the negligent act or omission of City or City Haulers.
(b) Compliance. City shall require operators of its
vehicles and the operators of City Haulers' vehicles
delivering City Construction/Demolition/Debris Waste to the
Facility to comply with all Applicable Laws and SVA's
policies, rules and regulations to ensure that no material
which does not conform to the definition of Construction/
Demolition/Debris Waste under this Agreement is delivered to
the Facility.
(c) Post-Closure Maintenance. After Closure, the City
at its expense will maintain the surface of the Facility and
the Adjacent Property and perform all grass cutting and
landscaping maintenance.
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10. TITLE; INDEMNITY BY SVA AND CITY.
(a) Title. Title to and all risks and responsibilities
for the City Construction/Demolition/ Debris Waste transported
to the Facility shall pass to SVA at the time the City
Construction/Demolition/Debris Waste is fully removed from the
transporting vehicles and accepted by SVA as Construction/
Demolition/Debris Waste at the Facility. Title to and all
risks and responsibilities for material which does not conform
to the definition of City Construction/ Demolition/Debris
Waste under this Agreement shall remain with City and shall
never pass to SVA whether or not disposed of at the Facility.
(b) Indemnity by SVA. SVA shall defend, indemnify and
hold harmless City, its officials, representatives and
employees, from and against all liabilities, losses,
penalties, charges, claims, damages and expenses whatsoever
(including, but not limited to, reasonable attorneys' fees and
expenses of investigation and litigation), which City, its
officials and their representatives and employees suffer or
sustain or become liable for, by reason of the actions,
omissions or negligence of SVA, its agents, representatives
and employees in connection with the performance of SVA under
this Agreement, the operation of the Facility and/or the non-
compliance by SVA with any Applicable Laws, which cause or
otherwise result in damages or injuries (either to persons or
property, real or personal, or both), including, without
limitation, injuries resulting in death.
Ail costs associated with violations of any Applicable
Laws including, but not limited to, remediation, clean-up
costs, fines, administrative and civil penalties or any
regulatory agency or any third party, as a result of the non-
compliance with Applicable Laws by SVA or by its contractors,
consultants, employees, or any persons, corporations or other
legal entities legally acting for or behalf SVA, shall be paid
by SVA.
(c) ResDonsibility of City. To the extent authorized
by law, City shall be responsible for all liabilities, losses,
penalties, charges, claims, damages and expenses whatsoever
(including, but not limited to, reasonable attorneys' fees and
expenses of investigation and litigation), which SVA its
officers, directors, and employees suffer or sustain or become
liable for, by reason of the negligence or willful misconduct
of City, its officials, agents, and employees in connection
with City's obligations under this Agreement, which cause or
otherwise result in damages or injuries (either to persons or
property, real or personal, or both), including, without
limitation, injuries resulting in death.
13
11. INSURANCE.
(a) Insurance by City. At all times during the Term,
City shall require each City Hauler to keep, in full force and
effect with an insurance company or companies licensed to do
business in the Commonwealth of Virginia workers' compensation
in the amount from time to time required by law, and general
liability insurance with combined single limit of at least One
Million Dollars ($1,000,000) with respect to injury or death
and with respect to damage to property. City may self-insure
with respect to City-owned vehicles.
(b) Insurance by SVA. SVA shall obtain and maintain
during the Term with an insurance company or companies
licensed to transact the business of insurance in the
Commonwealth of Virginia, the following insurance:
1. Workers Compensation Public Liability Insurance
coverage in a minimum amount at all times equal to the
statutory limits required from time to time under Title 65.2
of the Code of Virginia, as amended; and
2. Commercial General Liability Insurance '
coverages with a combined single limit for personal injury
and property damage of at least One Million Dollars
($1,000,000.00) which policies shall name the City as an
additional insured; and
3. Automobile Liability Insurance, including
coverage for non-owned and hired vehicles with a combined
single limit for personal injury and property damage of at
least One Million Dollars ($1,000,000.00); and
4. Contractual Liability Insurance coverage for
products and completed operations of at least Three Million
Dollars ($3,000,000.00) in the aggregate; and
5. Environmental Impairment Liability Insurance
coverage in the amount of $5,000,000 per occurrence and
$10,000,000 aggregate so long as such insurance is commer-
cially available at a rate which is not substantially higher
than on the date hereof taking into consideration increases
in the consumer price index in the same manner as provided
in other provisions of this Agreement. City shall not be
named as an additional insured on this policy without prior
written approval of the City's Risk Management Division
Administrator.
Ail policies of insurance required herein shall be
in a form and written by insurance companies acceptable to
City, and, except as to the Environmental Impairment
Liability Insurance, shall where applicable name the City as
14
an additional insured, and shall contain a provision that
the policy will not be canceled or materially modified
without thirty (30) days prior written notice to the City.
City reserves the right to require increased coverage
amounts and/or additional coverages in accordance with
industry standards and requirements of law every three (3)
years during the Term of this Agreement. The City shall be
provided with certificates of insurance for all coverages
required hereunder. Upon request, the City shall be
provided with copies of the policies of insurance required
hereunder.
12. REMOVAL OF UNACCEPTABLE WASTE. City agrees that
neither it nor any City Hauler will dispose of any Hazardous
Waste, Infectious Waste, Special Waste, Solid Waste, or any other
material which is not Construction/Demolition/Debris Waste at the
Facility. If City or any City Hauler delivers any material which
does not conform to the definition of Construction/Demolition/
Debris Waste under this Agreement and to the requirements of all
Applicable Laws to the Facility, then (in addition to SVA's other
remedies pursuant hereto or in accordance with any Applicable
Laws), if SVA notifies City of the delivery of such nonconforming
materials, City shall promptly remove or cause the offending City
Hauler to remove such nonconforming material from the Facility
without expense to SVA.
13. REPRESENTATIONS AND WARRA/~TIES OF SVA. As a
material inducement to City to enter into this Agreement, SVA
represents and warrants that at the date hereof:
(a) Organization. SVA is duly organized, validly
existing and in good standing under the laws of the State of
Delaware and is qualified to do business in the Commonwealth
of Virginia and has all requisite corporate power and
corporate authority to execute and perform its obligations
under this Agreement. SVA agrees to remain in good standing
and so qualified until SVA no longer has any outstanding
obligations under this Agreement.
(b) Authority. The execution, delivery and performance
of this Agreement has been approved and authorized by all
necessary corporate action of SVA. This Agreement constitutes
a legal, valid and binding obligation of SVA, enforceable in
accordance with its terms.
(c) No Conflict. The execution, delivery and per-
formance of this Agreement will not constitute a violation or
breach of the certificate of incorporation or bylaws of SVA,
or of any provision of any contract, permit, license,
agreement or other obligation to which SVA is a party or by
which SVA or any of its assets (including the Facility) are
15
bound, or any writ, injunction, decree, or Applicable Law to
which SVA or any of its assets (including the Facility) are
subject.
(d) No Litiqation. There are no pending or threatened
lawsuits, orders or other challenges to the operations of SVA
pertaining to or affecting the performance by it of its
obligations hereunder.
(d) No Collusion. This Agreement has been made without
collusion or fraud and that SVA has not offered or received
kickbacks or inducements from any office, supplier,
manufacturer or subcontractor in connection with this
Agreement, and that it has not conferred on any public
employee having any official responsibility for this
transaction, any payment, loan, subscription, advance, deposit
of money or anything of more than nominal value, present or
promised, unless something of substantially equal or greater
value was exchanged.
(e) Equal EmDloyment. SVA will comply with Executive
Order No. 11246, entitled "Equal Employment Opportunity" as
supplemented in the United States Department of labor
Regulations (41 C.F.R. pt. 60), the Federal Civil Rights Act
of 1964, as amended, the Virginia Fair Employment Act of 1975,
as amended, where applicable, Section 11-51 of the Virginia
Public Procurement Act, and all equal opportunity ordinances
and policies of the City.
(g) Licenses and Permits. SVA represents and warrants
that it possesses all necessary licenses and permits required
to conduct its business and will acquire any additional
licenses and permits necessary for operating the Facility and
otherwise performing its obligations under this Agreement.
14. REPRESENTATIONS AND WARRANTIES OF CITY. As a
material inducement to SVA to enter into this Agreement, City
represents and warrants to the best of its knowledge and belief and
without intensive investigation that at the date hereof:
(a) Authority. City has all requisite power and
authority to execute and perform this Agreement and the
execution, delivery and performance of this Agreement has been
approved and authorized by all necessary action of City. This
Agreement constitutes a legal, valid and binding obligation of
City enforceable in accordance with its terms.
(b) No Conflicts. The execution, delivery and
performance of this Agreement will not constitute a violation
or breach of the charter of City, or of any provision of any
contract, permit, license, agreement or other obligation to
16
which City is a party or by which City is bound, or any writ,
injunction, decree, or Applicable Laws to which City is
subject.
(c) No Litiqation. There are no pending or threatened
lawsuits, orders or other challenges to the operations of city
pertaining to or affecting the performance by it of its
obligations hereunder.
15. ACCESS TO AND OPERATION OF THE FACILITY.
(a) Access. The City and each City Hauler of City
Construction/Demolition/Debris Waste shall have access to the
Facility, in common with all other customers of the Facility,
during all normal hours of operation of the Facility and
otherwise in accordance with the rules and regulations
established by SVA from time to time for operation of, and
disposal of Construction/ Demolition/Debris Waste at, the
Facility. The current Facility operation hours are 7:00 a.m.
- 6:00 p.m., Monday through Friday and 7:00 a.m. - 4:00 p.m.
on Saturday, excluding holidays. SVA shall have the right to
alter the current operation hours upon written notice to City,
provided, that except in cases of emergency or without the
prior approval of City, such hours shall not be extended to
commence prior to 7:00 a.m. or extend after 6:00 p.m. and
shall not include Sundays. City shall have access to the
Facility during operation hours, and, at other times, upon
reasonable notice to SVA, to inspect the Facility, to conduct
engineering tests and studies, surveys and other inspections
and tests as City deems appropriate and to monitor compliance
with this Agreement.
(b) Access to Facility The City agrees to and does
hereby grant to SVA at no cost to SVA the right of ingress and
egress to the Facility from Jake Sears Road across the City's
Property on which the City's Landfill No. 2 is located during
the Initial and the Extended Term of this Agreement, provided
that any cost or expense of constructing and or maintaining
that portion of such access used solely for ingress and egress
to the Facility shall be paid by SVA, and the cost of
constructing and maintaining that portion of such access
jointly used by the City and SVA shall be equitably shared.
(c) Emerqency Access. The provisions of paragraph (a)
above to the contrary notwithstanding, SVA will provide the
City around the clock twenty-four (24) hour access to the
Facility during times of emergency as determined by the City
without notice and without additional cost or expense to the
City; provided that such access is not prohibited under any
permit or license regulating the use and/or operation of the
Facility.
17
(d) Rules and Requlations. City acknowledges the right
of SVA to make, change and enforce reasonable rules and
regulations regarding the operation of, and disposal of
Construction/Demolition/Debris Waste at the Facility, and City
shall abide by, and shall require all City Haulers to abide by
such rules as are established from time to time; provided,
however, such changes shall not alter or diminish the rights
or obligations of the City or SVA under this Agreement.
(e) Refusal of Service. SVA reserves the right (i) to
refuse access to the Facility to the City or any City Hauler
for repeatedly failing to comply with SVA's rules and
regulations for the operation of the Facility after due notice
of such violations to the City; and (ii) to refuse access
immediately to the City or any City Hauler for at any time
delivering materials which are not Construction/
Demolition/Debris Waste or which otherwise jeopardizes human
health or the environment.
16. DEFAULT~ TERMINATION.
(a) Default by SVA. City shall have the right to
terminate this Agreement, in City's sole option, in the event
of the occurrence and continuance of any of the following (a
"Default"):
(i) material breach by SVA of any of the terms or
conditions of this Agreement, which breach is not cured
within 60 days after written notice of same is given by
City to SVA; provided, however, that if the nature of the
breach is such that it cannot reasonably be cured within
60 days, then City shall not be entitled to terminate
this Agreement with respect to such breach if SVA
commences said cure within such 60 day period and
thereafter diligently prosecutes same to completion; or
(ii) commencement of any voluntary or involuntary
bankruptcy or insolvency proceedings by or against SVA or
commencement of reorganization proceedings by or against
SVA under any state or federal debtor relief statute;
provided, that any such involuntary proceeding is not
dismissed within 120 days after being instituted.
(b) Default by City. SVA shall have the right to
terminate this Agreement, in SVA's sole option, in the event
of the occurrence and continuance of any of the following (a
"Default"):
(i) failure of City to comply with its payment
obligations under this Agreement within thirty (30) days
after the due date of each such payment, which failure
18
occurs five (5) times or more within any Contract Year;
or
(ii) material breach by City of any of the
nonmonetary terms or conditions of this Agreement, which
breach is not cured within 60 days after written notice
of same is given to City by SVA; provided, however, that
if the nature of said breach is such that it cannot be
cured within sixty (60) days, then SVA shall not be
entitled to terminate this Agreement with respect to such
breach if City commences said cure within such 60 day
period and thereafter diligently prosecutes same to
completion.
(c) Cash Basis Delivery. In addition to any other remedies
it may have in the event of a Default under Section 15(b), SVA
shall have the right to refuse to accept City
Construction/Demolition/Debris Waste, or to do so only upon
payment of the disposal fee by City in cash in advance.
(d) Effect of Termination. Any termination of this Agreement
shall not result in the termination of any obligation of any
party hereunder that has accrued at the time of termination,
and in no event shall the termination of this Agreement
operate to excuse any obligation of any party for breach of a
representation or warranty under this Agreement or for failure
to perform under the indemnity provisions of this Agreement,
Closure or post-Closure requirements or other obligations
required by law to be fulfilled subsequent to termination of
this Agreement, all of which provisions shall survive
termination of this Agreement unless otherwise provided
herein.
17. PROVISIONS FOR EARLY TERMINATION.
In addition to its other rights under this Agreement, SVA
shall be entitled to terminate this Agreement upon 30 days written
notice to City in the event that the Facility is Completely Filled
or Rendered Unusable. Additionally, either City or SVA may
terminate this Agreement upon thirty (30) days written notice to
the other in the event the conditions precedent set forth in
Section 2 above are not satisfied by the Commencement Date.
18. EXTRAORDINARY LEVIES; CHANGE IN LAW! RENEGOTIATION.
Notwithstanding any other provision to the contrary contained
herein, in the event that during the Term of this Agreement there
is levied upon SVA or upon the operations of the Facility any
extraordinary tax, assessment or charge by any governmental
authority or there occurs a substantial change in regulatory
requirements related to the operation of the Facility or the waste
19
disposal business and having general applicability to the Facility
or the waste disposal business which includes the Facility (but not
related to any action, omission or condition solely of the Facility
or SVA such as fines or penalties imposed by a court or other
governmental authority), which tax, assessment, charge or
substantial change increases SVA's cost of providing services
hereunder, such amount shall be proportionately assessed to all
customers of the Facility and the portion so assessed to City
hereunder shall be added to the Disposal Fee to be paid by City;
provided, however, that if City and SVA cannot agree on a
renegotiation of the Disposal Fees provided for herein, then either
party may terminate this Agreement upon 60 days written notice to
the other. The Disposal Fees and Host Fees agreed upon herein by
SVA are based upon the assumption that SVA will only have to pay
the City a business license tax at the rate in effect for the
calendar year 1995 (the "Current Rate"), and that SVA is not
subject to any other license tax or fee under the City's Solid
Waste ordinances for operation of the Facility. If the City
subsequently raises the Current Rate or imposes additional license
taxes or fees on the operation of the Facility, the Disposal Fees
and the Host Fees shall be adjusted proportionately. The provisions
of this Section are not intended to apply to any real estate taxes
otherwise payable by SVA to the City on the Property or the
Adjacent Property, and it is understood and agreed that real estate
taxes imposed on the Adjacent Property shall be payable under the
provisions of Section 58.1-3203 of the Code of Virginia as now
codified and that for such purposes the term of the lease of the
Adjacent Property shall be deemed to be twenty (20) years.
19. MISCELLANEOUS.
(a) Waiver. Any party may waive any portion or portions
of its rights hereunder without affecting the balance of this
Agreement, but no such waiver shall be valid unless in writing
signed by the party waiving and only to the extent therein set
forth.
(b) Third Party Beneficiary. Each of the parties hereto
intends that SVA shall be a third party beneficiary to this
Agreement, shall be entitled to the benefits hereof and shall
have the ability to exercise the rights granted to it herein
as fully as if it were a direct signatory hereto.
(c) City Assistance. The City agrees to provide
reasonable assistance to SVA in obtaining all local, state and
federal permits, licenses and approvals for the use and
operation of the Facility, including without limitation, such
licenses, permits and approvals as may be required by the
Virginia Department of Environmental Quality or any successor
agency to it. As used herein the term "reasonable assistance"
shall mean reasonable efforts to provide on a timely basis all
applicable information within the City's control and
20
possession to assist the decision maker in making an informed
decision on such permits, licenses or approvals, and to convey
to the decision maker the City's interest in seeing that such
permits, licenses and approvals are granted.
(d) Amendment; Remedies Cumulative. This Agreement
shall not be altered, modified or otherwise amended except by
a writing executed by each party. Any failure on the part of
any party to this Agreement at any time to require the
performance by any other party of any term or provision
hereof, even if known, shall in no way affect the right
thereafter to enforce the same, nor shall it be taken or held
to be a waiver of any succeeding breach. No right, remedy or
election given by any term of this Agreement shall be deemed
exclusive but each shall be cumulative with all rights,
remedies and elections available at law or in equity.
(e) Notices. All notices, requests, demands, and other
communications by either party to the other shall be in
writing and may be either: (i) delivered personally to the
party named below; (ii) deposited in the U.S. mail, registered
or certified, return receipt requested; or (iii) sent by
overnight courier service, in each case to the party's address
set forth below:
If to SVA:
Sanifill of Virginia, Inc.
27 West Queensway
Hampton, Virginia 23669
ATTN: District Manager
with a copy to:
Sanifill, Inc.
2777 Allen Parkway
Suite 700
Houston, Texas 77019
ATTN: Corporate Secretary
and a copy to:
Benjamin A. Williams III, Esq.
Patten, Wornom & Watkins, L.C.
Suite 360
12350 Jefferson Avenue
Newport News, Virginia 23602
21
If to City:
City Manager
City of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia 23456
with a copy to:
City Attorney
City of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia 23456
or to such other address, and to the attention of such other person
or officer, as either party may designate in writing by notice duly
given pursuant to this Section 19(e). Notices shall be deemed
delivered and effective when: (A) delivered in person, (B) three
business days after being placed in the U.S. mail, properly
addressed, with sufficient postage, or (C) the day after sent by
overnight courier service.
(f) Assiqnment; Subcontractinq. This Agreement shall be
binding on and shall inure to the benefit of the parties
hereto and their respective successors and assigns. City
shall not have the right to assign or otherwise transfer its
rights and obligations hereunder without the consent of SVA.
SVA shall not be entitled to assign or subcontract its rights
and obligations hereunder, without the prior written consent
of City, and without the agreement of the assignee to assume
the obligations of SVA hereunder. Unless expressly agreed by
the City in writing, SVA shall not be released from its
liabilities and obligations hereunder in the event of any
subsequent assignment and assumption.
(g) Relationship of Parties. This Agreement shall not
be construed so as to create the relationship of principal and
agent or of partnership or joint venture or of any other
association between City and SVA except that of independent
contractor. The parties hereto agree to act as independent
contractors, and as such, except as otherwise specifically set
forth in this Agreement, each party shall be liable for its
own governmental or business operation, insurance, taxes,
licenses, permits, expenses, and all other liabilities and
obligations.
(h) Severability. If any term or condition of this
Agreement or the application thereof to any person or
circumstance shall, at any time or to any extent, be invalid
or unenforceable, the remainder of this Agreement, or the
application of such term or condition to persons or
circumstances other than those to which it is held invalid or
unenforceable, shall not be affected hereby, and each term and
22
condition of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
(i) Entire Aqreement~ Counterparts. This Agreement
constitutes the entire understanding between the parties
hereto, and cancels and supersedes all prior negotiations,
representations, understandings and agreements, either written
or oral, with respect to the subject matter hereof. This
Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original and
all of which together shall constitute but one and the same
instrument.
(j) Force Majeure. No party shall be liable, for its
failure to perform any of its obligations hereunder nor shall
it be deemed a default uhder this Agreement if a party fails
to perform any of its obligations hereunder in any case in
which such failure is caused directly or indirectly by an
event of Force Majeure; except that the failure to pay money
when due shall not be excused as a result of the effect of
this Section 19(j).
(k) Headinqs. The headings contained herein are for
convenience of reference only and are not intended to define,
limit or describe the scope or intent of any provision of this
Agreement.
(1) Governinq Law. This Agreement shall be construed by
and governed in accordance with the laws of the State of
Virginia.
(m) Jurisdiction. Any action at law or suit in equity
arising from this Agreement shall be brought in the Circuit
Court for the City of Virginia Beach, Virginia unless
exclusive jurisdiction rests in the United States District
Court for the Eastern District of Virginia, Norfolk Division,
in which case that court shall be the appropriate venue. Each
party hereby consents to the jurisdiction of such courts and
waives all rights to have such matters tried in any other
court.
(n) Non-Appropriation. It is understood and agreed
between the parties hereto that with respect to any payment
obligations of City, City shall be bound hereunder only to the
extent that funds shall have been appropriated and budgeted
for the purpose of this Agreement. In the event no funds are
appropriated and budgeted in any fiscal period for payments
due under this Agreement, City shall immediately notify SVA of
such occurrence and this Agreement shall terminate on the last
day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind
whatsoever.
23
(o) Nondiscrimination. During the performance of this
Agreement, SVA agrees as follows:
(i) SVA will not discriminate against any employee
or applicant for employment because of race, religion, color,
sex or national origin, except where religion, sex or national
origin is a bona fide occupational qualification/
consideration reasonably necessary to the normal operation of
SVA. SVA agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
(ii) SVA, in all solicitations or advertisements
for employees placed by or on behalf of SVA, will state that
SVA is an equal opportunity employer.
(iii) Notices, advertisements and solicitations
placed in accordance with federal law, rules or regulation
shall be deemed sufficient for the purpose of meeting the
requirements herein.
(iv) SVA will include provisions of the foregoing
paragraphs (i) , (ii) and (iii) in every contract, subcontract or
purchase order related to this Agreement of over ten thousand
dollars ($10,000.00) so that the provisions will be binding upon
such contractor, subcontractor or vendor.
(p) Recordation. This Agreement or a memorandum thereof
shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and shall be indexed
in the names of SVA, Williams Corporation of Virginia and City
as both "Grantor" and "Grantee".
(q) Liens and Deeds of Trust. Provided SVA is not in
default under this Agreement, SVA may from time to time during
the term of this Agreement grant deeds of trust against the
property on which the Facility is located ( but not the
Adjacent Property) to secure such loans as SVA may deem
necessary and expedient to its business purposes. As long as
SVA is not in default under this Agreement, the City agrees to
promptly execute and deliver such estoppel agreements or
certificates in reasonable form as SVA or its lenders may
request.
(r) Survival. The parties agree that provisions of this
Agreement shall survive the termination of this Agreement for
a period of three (3) years following the date that a party
fulfilled or was to have fulfilled its last obligation under
this Agreement, and that any administrative or judicial action
must be commenced against said party within said three (3)
year period.
24
IN WITNESS WHEREOF, each party hereto has caused this
Agreement to be executed and delivered by its duly authorized
officer, all as of the day and year first above written.
SANIFILL OF VIRGINIA, INC.
By:
Attest: Its:
Secretary
Attest:
THE CITY OF VIRGINIA BEACH,
VIRGINIA
By:
Its:City Manaqer/Desiqnee
City Clerk
STATE OF VIRGINIA
CITY OF
, to-wit:
The foregoing instrument was acknowledged before me this
day of , 1997, by ,
President and , Secretary of Sanifill of
Virginia, Inc. on its behalf.
my commission expires:
Notary Public
STATE OF VIRGINIA
CITY OF
, to-wit:
The foregoing instrument was acknowledged before me this
~day of , 1997, by JAMES K. SPORE, CITY
MANAGER of the City of Virginia Beach, Virginia, or
, his authorized designee, on its behalf.
my commission expires:
Notary Public
25
STATE OF VIRGINIA
CITY OF
, to-wit:
The foregoing instrument was acknowledged before me this
~day of , 1997, by RUTH HODGES SMITH, CITY
CLERK of the City of Virginia Beach' Virginia, on its behalf.
my commission expires.
Notary Public
26
EXHIBIT A TO DISPOSAL SERVICES AGREEMENT
COPY OF CONDITIONAL USE PERMIT APPROVAL
!tern V-Il. l.i.
EXHIBIT 'A'
PUBLIC llEARING
PLANNING
ITEM # 32625
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-O8971, represented the
applicant
Upon motion by CouncJlman Moss, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon appltcatlon of WILLIAMS CORPORATION OF VIRGINIA for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION
OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR
FILLING A BORROW PIT RO3901295
BE IT tlEREBY ORDAINED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Williams Corporation
of Virginia for a Conditional Use Permit for
filling a borrow pit on the west side of
Centerville Trunpike, 16OO feet more or less north
of Kempsville Road. Sa~d parcel contains 89.8
acres. More detailed information is available in
the Department of Planning. KEMPSVILI.E BOROUGli.
Tire following conditions shall be required:
1. The borrow pit filling operation will be operated
in a dust free manner.
2. Operating hours shall be 7:00 a.m. until 7:00 p.m.,
Monday through Saturday. No Sui~day operation shall
be permitted.
3. Undrained pockets and stagnant pools resulting from
surface drainage shall be sprayed in accordance
with requirements of the State Board of llealth to
eliminate breeding places for mosquitoes and other
insects.
4. In accordance with the City's current Master Street
and }{ighway Plan, a right-of-way dedication will be
required along the entire Centerville Turnpike
frontage to provide for an ultimate six lane
divided arterial with bikeway and scenic easement.
A variable width right-of-way dedication is
required.
5. Right and left turn lanes are to be installed on
Centervil!e Turnpike before the beginning of the
filling operation. Additional right-of-way
dedications may be required for the installation of
these turn lanes.
6. The subdivision of the subject site tnto
residential lots, as shown on tl~e conceptual plan,
is not approved with this application.
7. Only inert, non-toxic materials shall be deposited
on this site.
l~em V-II.l.i.
PUBLIC BEARING
PLANNING
ITEM # 32625 (Continued)
8. The property adjacent to the antennae farm is to be
conveyed back to that owner.
9. During the hours of operation, the owner shall
provide and maintain a full-time, on-site Inspector
to inspect the trucks and maintain a daily log to
verify only inert, non-toxic materials have been
deposited on this site.
10. These reports, when requested by the City, shall be
submitted for review.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth of March, Nineteen Itundred and Ninety.
Voting: ll-O
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, llarold lleischober, Barbara M. Ilenley, Reba
S. HcClanan, Jol~n D. Moss, Mayor Meyera !",. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CERTIFIED TO BE A TRUE COPY OF THE ACTION
MINUTES OF CITY COUNCIL, CITY OF VIRGINIA
BEA'~H RE WillIAMS CORFOR~TICN O? V!~GINIA,
ITEM #32625, PAGES 33 AND 34, ADOPTED ON
March 26,
~uth Hod~s Smith, CMC/AAE
City Clerk
EXHIBIT B TQ DISPOSAL SERVICES AQREEMENT
COPY OF AMENDED CONDITIONAL USE PERMIT APPROVAL
- 34 -
Item V-M. 2
PUBLIC HBARING
ITEM # $9821
EXHIBIT 'B'
PLANNING
Marry Williams, 9921 River Road, represented the applicant
Howard Burns, District Manger - Sanifill, represented the applicant
Larry E. Stampe, Belvoir Lane, Phone: 420-3145, Board Member - Lake James Home Owners
Association, expressed concerns relative contamination of the lake.
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ,4PPROVED
MODIFIC.4 TION OF CONDITION NUMBERS FIVE, SEVEN, NINE, AND NUMBER ELEVEN BE
ADDED, to the March 26, 1990, Approved Application (IVILLIAMS CORPORATION OF VIRGINIA)
for a Conditional Use Permit ]'or a borrow pit to SANIFILL, INC.:
ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION
OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR FILLING A
BORROW PIT R03901295
Ordinance upon application of Williams Corporation of Virginia for a
Conditional Use Permit for filling a borrow pit on the west side of
Centerville Turnpite~ 1600 feet more or less north of Kempsviile Road.
Said parcel contains 89.8 acres. More detailed information is available
in the Department of Planning. KEMPSVILLE BOROUGii.
7he following conditions shall be modified:
11.
If the existing Centerville Turnpike entrance to the site is to be
used by vehicles depositing construction demolition and debrts
in the borrow pit reclamation site, right and left turn lanes are
to be installed on Centerville Turnpike before the beginning of
the filling operation. Additional right-of-way dedications may
be required for the installation of these turn lanes.
Only construction demolition and debris, non-toxic materials
shall be deposited on this site pursuant to a permit for the
Virginia Department of Environmental Quality.
During the hours of operation, the owner shall provide and
mah~tain a full-time on-site inspector to inspect the trucks and
maintain a daily log to verify only construction demolition and
debris, non-tax?: materials have been deposited on this site.
Operational conditions contained heretnabove, in the event of
a natural disaster or similar situation, may be waived in whole
or in part by order of the City Manager or the designated
Emergency Operations Coordtnator on a temporary basis
pursuant to an adopted Emergency Plan.
September 26, 1995
- 35 -
Rem V-M. 2
PUBLIC HBARIN~
ITEM # 39821 (Continued)
PLANNING
Voting: 8-2
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, IIL Robert K Dean, llarold
lleischober, Louis R. Jones, Mayor Meyera E. Oberndorf,, Vice Mayor
William D. Se. ssoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Barbara M. ltenley and Nancy K. Parker
Council Members ~4bstaining:
William W. Harrison, Jr.,
Council Members ~4bsent:
None
CERTIFIED TO BE A TRUE COPY OF THE ACTION
MINUTES OF CITY COUNCIL, CITY OF VIROINIA
BEACH RE WILLIAMS CORPORATION OF VIRGINIA,
( MODIFIED FOR SANIFILL, INC. ), ~'TEH
#39821, PAGES 34 AND 35, ADOPTED ON
September 26, 1995
R~th Hodge~' smith, CMC/AAE
City Clerk
Councilman ltarrison ABSTAINED as his law firm represents SPSA, which has gone on record as
opposing this application.
September 26, 1995
EXHIBIT C TO DISPOSAL SERVICES AGREEMENT
DESCRIPTION OF ADJACENT PROPERTY
·
I~TIIIIilII.II
f
EXHIBIT D TO DISPOSAL SERVICES AGREEMENT
HOST FEES
EXHIBIT D
HOST FEES
SVA agrees to pay the City Host Fees during each Contract Year
according to the following schedule:
Number of Cubic Yards
For each cubic yard up
to 125,000 cubic yards
For each cubic yard from
125,001 to 350,000 cubic
yards
For each cubic yard from
350,001 to 400,000 cubic
yards
For each cubic yard from
400,001 to 450,000 cubic
yards
For each cubic yard over
450,000 cubic yards
Rate Per Cubic Yard of Non-City
Construction/Demolition/Debris
which is not used by SVA
$0.00 per cubic yard
$0.25 per cubic yard
$0.50 per cubic yard
$1.00 per cubic yard
$2.00 per cubic yard
EXAMPLE: The Annual Host Fee due the City for 425,000 cubic yards
of Non-City Construction/Demolition/Debris Waste would be computed
as follows:
1st 125,000 cubic yards
-0-
Next 225,000 cubic yards (225,000 x $0.25) = $ 56,250.00
Next 50,000 cubic yards (50,000 x $0.50) =
Next 25,000 cubic yards (25,000 x $1.00) =
Host Fees
$ 25,000.00
$ 25,000.00
$106,250.00
-30-
EXHIBIT E TO DISPOSAL SERVICES AGREEMENT
DESCRIPTION OF SVA'S PROPERTY
EXHIBIT E
DESCRIPTION OF SVA PROPERTY
PARCEL ONE:
ALL that certain tract, piece or parcel of land with the
buildings and improvements thereon and appurtenances
thereunto pertaining, situate, lying and being in the
City of Virginia Beach (formerly Princess Anne Co.),
Virginia as shown on a certain plat entitled "Plat of
Property of Carmen Gomez, Kempsville District, Princess
Anne Co., VA." dated February, 1961 made by C. A.
Bamforth, C.L.S., said plat being attached to and
recorded with that certain deed from Carmen Mogro Gomez
to Cape Henry Sand & Construction Company, Inc. dated
September 21, 1962 and recorded in the Clerk's Office,
Circuit Court of Princess Anne County, Virginia in Deed
Book 762, at page 70.
LESS AND EXCEPT therefrom all that certain lot known,
numbered and designated as Lot 1 on a plat entitled
"Subdivision of Section 1, Level Green Estates, Princess
Anne Co., VA." dated May, 1961, made by C. A. Bamforth,
of record in the aforesaid Clerk's Office in Map Book 22
at page 50 and less those areas shown on said plat to be
dedicated for street widening.
AND LESS AND EXCEPT that lot, piece or parcel of land
with buildings and improvements thereon situate, lying
and being in the City of Virginia Beach, Virginia and
being known, numbered and designated as Parcel A on that
certain plat entitled "Subdivision Showing Parcel A
Property of Williams Corporation of Virginia, Kempsville
Borough, Virginia Beach, VA.", which plat is duly
recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Deed Book 2450 at
page 506.
AND FURTHER LESS AND EXCEPT that certain 300-foot wide
strip contiguous to the public highway as is identified
by Seller and agreed to by Purchaser before the Exercise
Notice (as defined in that certain Option Agreement dated
May 28, 1991 between Williams Holding Corp. and Sanifill,
Inc.).
PARCEL TWO:
ALL that certain tract of land, with the buildings and
improvements thereon, situate, lying and being in
Kempsville Borough, in the City of Virginia Beach,
Virginia, shown as Site "A", on a plat entitled "Property
of John Gilchrist, et al., located near Woods Corner,
Princess Anne County, Virginia," dated June 10, 1958,
made by W. B. Gallup, County Surveyor, and recorded in
the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, on June 13, 1958, in Map Book
45, Page 9.
a \sva leg-$7
- 24 -
Item IV-I. 6.
ORDINANCES/RES OL UTIONS
ITEM # 42110
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to authorize the City Manager to enter into a Permff
Agreement with Oceanfront [Fatersports, Inc. re a personal watercraft
rental operatton at the Oceanfront at 31st Street, from 15 May to 15
September 1997, renewable for four (4) consecutive four-month terms.
~ting:
11-0 (By ConsenO
Council Members Voting Aye.
John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 13, 1997
AN ORDINANCE GRANTING A PERMIT TO
OCEANFRONT WATERSPORTS, INC., TO
CONDUCT A PERSONAL WATERCRAFT RENTAL
OPERATION AT THE OCEANFRONT
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12
13
14
15
16
17
18
19
20
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22
23
24
25
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27
28
29
30
31
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WHEREAS, in January of 1989, city Council adopted an
ordinance authorizing the City Manager to grant permits and
licenses, and enter into agreements, for the implementation of
concepts in the Resort Area identified by City staff as providing
additional revenues, and being consistent with the City's goal of
enhancing the festive atmosphere in the Resort Area;
WHEREAS, pursuant to this authorization, City staff
developed and advertised a Request for Proposals (RFP) in 1992 for
a permit to conduct a personal watercraft (i.e., jet ski) rental
operation on the oceanfront at 31st Street;
WHEREAS, as a result of the RFP process, a permit was
granted to Oceanfront Watersports, Inc.(~Oceanfront Watersports"),
and the City entered into a Permit Agreement (the ~Agreement") with
Oceanfront Watersports, dated May 29, 1992;
WHEREAS, after an initial five-month term and four (4)
consecutive five-month renewals as authorized by the Agreement, the
permit of Oceanfront Watersports expired on September 30, 1996;
WHEREAS, the City issued an Invitation to Bid for a new
permit to conduct a personal watercraft (i.e., jet ski) rental
operation on the oceanfront at 31st Street for the 1997 summer
season, which permit would likewise be renewable for four (4)
consecutive terms;
WHEREAS, Oceanfront Watersports has again submitted the
best offer in response to the Invitation to Bid; and
WHEREAS, based upon Oceanfront Watersports' successful
operation for the past five seasons, the Department of Convention
and Visitor Development, which is responsible for oversight of the
operation, has recommended that a permit be granted to Oceanfront
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42
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Watersports for the 1997 summer season, and that the permit be
subject to four (4) consecutive four-month renewals.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a permit is hereby granted to Oceanfront
Watersports, Inc., to conduct a personal watercraft (i.e., jet ski)
rental operation on the oceanfront at 31st Street from May 15,
1997, to September 15, 1997, and that such permit may be renewed
for four (4) consecutive four-month terms; and
2. That the City Manager is hereby authorized to enter
into a Permit Agreement with Oceanfront Watersports, Inc., which
Agreement shall be in substantial conformance with the Agreement
which is attached hereto as Exhibit A.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of May , 1997.
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56
57
58
CA-6602
ORDIN \NONCODE \WATERSPT. ORD
R-1
PREPARED: 05 / 07 / 97
APPROVED AS TO CONTENT
~aVi~ent
APPROVED AS TO LEGAL SUFFICIENCY
EXHIBIT A
PERMIT AGREEMENT
THIS AGREEMENT. made the day of
,1997, by and between
the CITY OF VIRGINIA BEACH. a municipal corporation, organized and existing under
the laws of the Commonwealth of Virginia, party of the first part. hereinafter referred to as
"City," and OCEANFRONT WATERSPORTS, INC. party of the second part, hereinafter
referred to as "Grantee," is entered into pursuant to those powers vested in the City by
Section 15.1-839 of the Code of Virginia and all acts amendatory thereof, and embodied in
the Charter of the City of Virginia Beach, to the end that the public health, safety, peace,
welfare, and amenity be secured and promoted thereby.
WITNESETH:
WHEREAS, Grantee submitted a bid to the City in response to Bid Item//7179
for a permit to conduct a personal watercraft rental operation on public property, and to that
end represented that it would comply with all applicable provisions of Federal, State, and
City law and all pertinent rules and regulations of any board, committee, agency, or
commission thereof;
WHEREAS, the City determined that such an operation would promote the
public interest and would serve to enhance the festive atmosphere at the oceanfront;
Now, therefore, for and in consideration of the mutual promises and covenants
herein set forth, the parties hereto agree as follows:
1. Conditions of Grant of Permit
a. It is expressly agreed and understood by Grantee that the grant of
the permit described herembelow is conditional, the grant of such permit being conditioned
upon Grantee's obtaining any other reqmrea permits and/or licenses, and being further
conditioned upon Grantee's compliance with all of the terms and conditions of th~s
Agreement. It is expressly agreed and understood by Grantee that the failure of Grantee to
obtain any one or more of the required approvals, licenses, or permits shall render this
Agreement null, void, and of no force and effect.
b. The grant of the permit to Grantee shall also be subject, in addition
to the foregoing conditions, to such other reasonable conditions as the City may, in its
discretion, impose upon Grantee. The City may deny the final approval of the grant of this
permit or any other such permit it determines, in its discretion, to be detrimental to the
public health, safety, welfare, or interest.
2. Grant of Permit
a. Subject to the provisions of paragraph 1 of this Agreement, or
any other condition imposed by this Agreement or by law, the City does hereby award unto
Grantee a permit to conduct a personal watercraft rental operation, hereinafter referred to
as "Permit," to be operated on the sand beach seventy-five (75) feet north and south of the
midpoint between the 30th and 31st Street access steps, hereinafter referred to as the
"Premises," in the City of Virginia Beach, Virginia. The term of the Permit shall be from
and including May 15, 1997, to and including September 15, 1997. For purposes of this
Agreement, personal watercraft shall mean jet-skis, waterbikes, and similar motorized
watercraft.
b. By agreement of both parries and based on the existing
contractual terms and conditions, this Agreement may be renewed for four (4) additional four
(4) month terms on or before May 15 of 1998, 1999, 2000, and 2001. Renewal, if
applicable, shall occur prior to December 31 of each year.
c. From and including May 15, 1997, to and including the
Thursday before Memorial Day weekend, and from and including the Tuesday after Labor
Day, to and including September 15, 1997, Grantee may operate, but shall not be required
to operate, from the hours of 9:00 a.m. to 8:00 p.m.
d. From and including the Friday before Memorial Day weekend,
to and including Labor Day, Grantee shall be required to operate from 9:00 a.m. to 8:00
p.m. daily unless Grantee determines that it is precluded from doing so by inclement weather
or severe surf conditions.
e. The City shall designate a Contract Administrator who shall be
responsible for ensuring Grantee's compliance with the terms and conditions set forth herein.
3. Permit Fee
a. Grantee shall pay to the City for use of the Premises a fee,
hereinafter the "Permit Fee," in the amount of THIRTY THOUSAND DOLLARS
($30,000.00) for the first year. The fee shall be paid within 15 days of execution of
agreement.
b. The failure of Grantee, for any reason, to make a payment of the
Permit Fee by the date on which such payment is due shall constitute grounds for the
immediate cancellanon of this Permit and forfeiture of any rights conferred upon Grantee by
this Agreement. or for suspension of this Permit until such payment has been made. The
City may, but shall not be reqmred to, extend the period of time within which a payment
shall be tendered or may, in lieu of any other remedy, treat this Agreement as remaining in
full force and effect and avall itself of any and all lawful means of collecting such Permit
Fee.
c. In the event of the cancellation of this Agreement or the
termination of the Permit granted hereunder prior to the expiration of its stated term, for any
reason, no portion of any monies paid by or on behalf of Grantee shall be refundable;
provided, however, that the Permit Fee shall be prorated in the event this Agreement is
cancelled through no fault of Grantee.
d. If, as a result of a City-sponsored event, Grantee is not permitted
to conduct its operation, Grantor may reduce the amount of the Permit Fee by an amount
equal to Grantee's loss of net profits for the period of time during which the conduct of its
operation is not permitted. The amount of any such reduction in the Permit Fee shall be in
the sole and absolute discretion of the City based upon its consideration, among other things,
of Grantee's net profits for a similar period of time during which Grantee conducted its
operation.
4. Nonexclus~vity of Permit
It is expressly understood and agreed by Grantee that the Permit is not
exclusive. The City hereby reserves unto itself the right to grant similar pernuts to any
person, firm, corporation, or other entity at any time and from time to time; prowded,
however, that during the term of this Agreement, or any renewal hereof, the City shall not
grant any other permit(s) for the rental of personal watercraft on the public sand beaches
from Rudee Inlet to 42nd Street.
5. Comt~liance with Law
Grantee hereby covenants that ~t will conduct its operation and maintain
the Premises in strict compliance with any and all applicable statutes, ordinances,
regulations, and laws of the United States, the Commonwealth of Virginia, the City of
Virginia Beach, or any of their agencies.
6. Permit Area
a. Rental operations shall be restricted to the location referenced
in paragraph 2.a.
b. The operation shall be limited to public property, except as
otherwise provided herein.
7. Services to be Performed
The contractor shall provide all effort and materials necessary to
establish, implement, operate, and maintain a personal watercraft rental operation at the
location, and subject to the terms and conditions, set forth herein.
j. Rental operations and storage of watercraft shall be limited to
the beach area east of the boardwalk seventy-five (75) feet north and south of the midpoint
between the 30th and 31st Street access steps.
k. Rental watercraft may be stored on the beach adjacent to the
boardwalk bulkhead in an orderly manner and covered with a tarpaulin.
1. Supplies such as gas, oil, spare parts, etc., shall be stored at a
separate location on private property at all times.
m. All repairs and routine maintenance shall be conducted at a
separate location on private property; provided, however, that refueling and the changing of
spark plugs shall be permitted on the Premises.
n. The registration booth and observation tower size, signage,
design, and colors shall require prior approval of the City.
o. Any changes in these operational criteria shall require the prior
written approval of the City.
9. Personnel Requirements
a. On any given day of operation, Grantee shall provide the
following personnel:
(1) One (1) shore safety patrol;
(2) One (1) water safety patrol for each rental "group" of
six (6) or less watercraft;
(3) One (1) reservationist; and
(4) One (1) on-premises manager.
The reservatlonist and on-premises manager, however, may be the same person.
b. The shore safety patrol shall be certffied in Advanced lifesaving
or lifeguard training and as an Emergency Medical Technician. His/her duties shall include,
but not necessarily be limited to, the tbllowing:
(1) Provide for the safety and effective rescue and
emergency care of the public;
(2) Assist in the launching and return of watercraft; and
(3) Be in charge of communications, daily briefings of staff,
and periodic fitness and emergency drills.
c. The reservationist and manager shall be certified in CPR. Their
duties shall include, but not necessarily be limited to, the following:
(1) The reservationist shall sign up individuals for the rental
of personal watercraft.
(2) The manager shall be responsible for the day-to-day
management of the operation in accordance with the
terms and conditions of this Agreement.
(3) The reservationist and manager shall both instruct
operators as to the proper and safe operation of
watercraft.
d. The water safety patrol shall have standard first aid training, and
shall have at least two (2) years experience ~n water safety. His/her duties shall include, but
not necessarily be limited to, the following:
(1) Ensure the safety of operators ~n the ocean;
(2) Ensure that operators comply with the requirements of
the rental agreement; and
(3) Assist in the rescue and emergency care of operators
and, if applicable, the general public.
e. All personnel shall consistently maintain a professional image
both in terms of service to the public and appearance.
10. Condition of Prerrlises
Grantee shall, at all times during the term of this Agreement and at its
sole expense, keep its operation in a safe, clean, and orderly condition.
11. Permitted U~es
Grantee shall not use the Premises, nor suffer the Premises to be used,
for any purpose other than is contemplated by this Agreement.
12. Rimht of Inst~ection
The City, by its authorized officers, agents, or employees, shall have
the fight to inspect the operation at any and all reasonable times, with or without notice, for
the purpose of determining Grantee's compliance with the provisions of this Agreement.
to person or property, directly or indirectly, arising out of or in connection w~th its
occupancy of the Prem;ses or the conduct of its operauon. Grantee hereby expressly agrees
to ~ndemnify and save the City, its officers, agents, employees, and representatives, harmless
from any penalties for violation of any law, ordinance, or regulation affecting its operation
and from any and all claims, suits, losses, damages, or injuries to person or property, of
whatever kind or nature, directly or indirectly, arising out of or in connection with Grantee's
use of the Premises or conduct of its operation or resulting fi'om the negligence or intentional
acts or omissions of Grantee or its officers, agents, and employees.
17. Insurance
a. Grantee shall, prior to the commencement of its operation, procure
and shall thereafter maintain in full force and effect during the entire term of this Agreement,
a policy or policies of insurance protecting and insuring Grantee and the City, and their
respective officers, agents, and employees, against any loss, liability, or expense whatsoever,
from personal injury, death, or property damage arising out of or occurring in connection
with Grantee's use of the Premises or conduct of its operation, whether such injury, death,
or damage occurs or is sustained, or the cause thereof arises, on or off the Premises. The
City and its officers, agents, and employees shall be named as insureds under any and all
such policies. Such policy or policies shall be written and issued by a responsible insurance
company or companies authorized to do business in the Commonwealth of Virginia and shall
be approved by the City. Such policy or policies shall be in a comprehensive general
liability form, including products liability coverage, and shall be in an amount not less than
11
$1,000,000.00 combined single limits. The risks covered by any such policy or policies of
insurance shall not be limited nor the amount of coverage thereunder reduced by reason of
any insurance that may be ma~ntmned by the City. Grantee shall also procure and maintmn
the following:
(i) Worker's compensation insurance in amounts and in all
other respects in accordance with the laws of the Commonwealth of Virginia; and
(ii) Automobile liability insurance covering the operation by
Grantee of any owned, hired, and/or nonowned vehicles at limits of not less than $500,000
combined single-limit.
b. Prior to the commencement of its operation and without demand by
the City, Grantee shall furnish to the City a certificate(s) of insurance showing Grantee's
compliance with the foregoing requirements. Any such certificate(s) shall state that the
policy or policies of insurance named therein will not be cancelled or altered without giving
at least thirty (30) days prior written notice to the City.
c. Grantee's performance of its obligations under the provisions of this
paragraph shall not relieve Grantee of liability under the indemnity and save harmless
provisions of the preceding paragraph of this Agreement.
18. Abandonment
In the event Grantee shall abandon its operation without the prior
written consent of the City, the City shall have the right to immediately cancel this
Agreement and terminate the Permit.
19. Terminauon of Permit
a. The City shall have the right to cancel thts Agreement and terminate the
Permit on nouce to Grantee upon the occurrence of any of the following events:
(1) The failure of Grantee to secure any approval, license.
or permit required by this Agreement or by law, or the
cancellation or revocauon of any such license or permit.
(2) The failure of Grantee to ensure the safety of watercraft
operators or the general public.
(3) The failure of Grantee to pay the Permit Fee.
(4) The failure of Grantee to comply with any statute.
ordinance, regulation, or other law applicable to the
ownership or management of its operation or to the
occupancy and use of the Premises.
(5) The use of the Premises by, on behalf of, or at the
sufferance of Grantee for any activity or purpose other
than is expressly permitted by this Agreement.
(6) The failure of Grantee to procure any policy or policies
of insurance required by this Agreement to have been
procured prior to the commencement of Grantee's
operation, the cancellation or lapse of any such policy or
policies so as to cause the aggregate of the limits of
13
liability of coverage thereunder to be less than the
amounts required by paragraph 17 of this Agreement, or
any material and adverse change in the risks covered or
persons or entities insured thereunder.
(7) The purported assignment, delegation, or other transfer
by Grantee, without the prior written consent of the
City, of the Permit, in whole or in part, or of any of the
rights or obligations of Grantee set forth herein.
(8) The refusal of Grantee to permit inspection of the
operation by the City at reasonable times.
(9) The death of Grantee, if Grantee is the sole proprietor,
or in any other case, the termination of Grantee's
existence as a business organization, whether by
dissolution, consolidation, merger, sale, or other like
act, or the revocation of Grantee's authority to transact
business in the Commonwealth of Virginia.
b. The election by the City to exercise its right to cancel this
Agreement and to terminate the Permit shall be without prejudice to any of its other rights
at law or in equity, and any remedy set forth in this Agreement shall not be exclusive but
shall be cumulative upon any or all other remedies herein provided or by law allowed.
c. Notwithstanding any other remedy conferred upon the City by this
Agreement or by law, the City may elect to suspend Grantee's operation upon the occurrence
of any of the events hereinabove enumerated or in the event of the breach by Grantee of any
other provision or condition of this Agreement. Grantee shall, upon receipt of notice of such
suspension, immediately cease its operation until such time as the City shall permit Grantee
to continue its operation. Such permission shall be granted by the City at such time as
Grantee shall have remedied the breach or breaches of this Agreement giving rise to such
suspension. Notwithstanding the above, in the event Grantee commits a violation of the
terms and conditions of this Agreement not involving a safety issue, the qualifications of
personnel, insurance requirements or any other issue concerning safety or liability, Grantee
shall have forty-eight (48) hours after notice from the City of such violation to cure its non-
compliance.
20. Effect of Termination
a. Grantee shall, upon termination of the Permit, be entitled to no
payment or other compensation by reason of the value of the Permit or for any of the
intangible assets thereof.
b. Upon termination of the Permit prior to the expiration of this
Agreement, the City shall have the right to grant a new permit for the unexpired portion of
the term of this Agreement.
21. Rules and Reeulations
The City Manager shall have the authority to promulgate reasonable
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rules and regulations governing Grantee's operation, which rules and regulations shall be
deemed incorporated by reference into this Agreement upon their promulgation.
22. Publicity
The City shall have the right to photograph Grantee's operation and to
use any such photographs in any of its publicity or advertising. Grantee shall not be entitled
to compensation by reason of the taking or use of any such photographs.
23. Nouce
All nouces reqmred or permitted hereunder shall be given and shall be
deemed given if, in writing, mailed by certified or registered mail, and addressed to Grantee
at the address of Grantee stated in ~ts application or to the City Manager, City Hall,
Municipal Center, Virginia Beach, Virginia 23456, or to such other address as either party
may direct by notice given as hereinabove provided.
24. Severabilitv
The provisions of this Agreement shall be deemed to be severable, and
should any one or more of such provisions be declared or adjudged to be invalid or
unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full
force and effect.
25. Descrimive Headines
The descriptive headings appearing in this Agreement are for
convenience only and shall not be construed either as a part of the terms, covenants, and
conditions hereof or as an interpretation of such terms, covenants, and conditions.
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26. Entirety_ of Agreement
This Agreement and the rules and regulations promulgated hereunaer,
the City's Bid Item #7179, and Grantee's proposal comprise the entire understanding and
agreement of the parties, and no representauons, ~nducements, promises, or agreements, oral
or written, except as may be specifically set forth herein, shall have any validity or be of any
force or effect.
27. Waiver
No failure of the City to exercise any right or power given to it by law
or by this Agreement, or to insist upon strict compliance by Grantee with any of the
provisions of this Agreement, and no custom or practice of the parties at variance with the
terms hereof, shall constitute a waiver of the City's right to demand strict compliance with
the terms of this Agreement.
28. Modification
No modification, revision, or deletion of any of the provisions of this
Agreement, and no addition of any provisions hereto, shall be valid unless in writing and
executed with the same formalities as this Agreement.
29. IFB and Grantee's Bid Response
The City's Bid Item #7179 and Grantee's Bid submitted in response
thereto are hereby incorporated by reference; provided, however, if there is a conflict
between the Bid Item or Grantee's Bid and this Agreement, the Agreement shall be
controlling.
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30. Equal Employment
During the performance of this Permm Grantee agrees as follows:
a. Grantee shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, or handicap except where
religion, sex, national origin, or handicap ~s a bona fide occupational qualification reasonably
necessary to its normal operation. Permittee agrees to post m conspicuous places, available
to employees and applications for employment, notices setting forth the provisions of this
nondiscrimination clause.
b. Grantee, in all solicitations or advertisements for employees placed
by or on behalf of Grantee, shall state that such Grantee is an equal oppommity employer.
c. Notices. advertisements, and solicitations placed in accordance with
federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
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IN WITNESS WHEREOF, the following signatures and seals:
CITY OF VIRGINIA BEACH,
a municipal corporation
By
Purchasing Agent
ATTEST:
City Clerk
OCEANFRONT WATERSPORTS, INC.
By.
President
ATTEST:
Secretary
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
, a Notary Public in and for
._
II I II I
APPROVED AS TO
LEGAL SUFFICII~NCY
the City and State aforesaid, do hereby certify that
for the CITY OF VIRGINIA BEACH, whose name as such
is signed to the foregoing Perma Agreement, has acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this
day of , 1997.
Notary 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 RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA
BEACH, whose name as such is signed to the foregoing Permit Agreement, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this
day of ,1997.
Notary Public
My Commission Expires:
2O
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH. to-win
, a Notary Public in and for
the City and State aforesaid, do hereby certify that
, President
of OCEANFRONT WATERSPORTS, INC., whose name as such is signed to the foregoing
Permit Agreement, has acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this
day of ,1997.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
, a Notary Public in and for the City and
State aforesaid, do hereby certify that
, Secretary, for
OCEANFRONT WATERSPORTS, INC., whose name as such is signed to the foregoing
Permit Agreement, has acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this
day of ,1997.
Notary Public
My Commission Expires:
21
Approved as to Content:
Approved as to Risk Management:
Approved as to the Accounting of Funds:
Approved as to Legal Form:
- 25 -
Item IV-d. 1.
ORDINANCES/RESOLUTIONS
ITEM # 42111
Upon motion by Vice Mayor Sessoms, seconded by Councdman Heischober, City Council ADOPTED:
Resolution to authorize the Hampton Roads Partnership to carry out the
Regional Competitiveness Program (RCP); approve the RCP fund
distribution methodology; and, receive, on behalf of the City of Vtrgtnta
Beach, all 199 7 incentive funding
(Sponsored by Mayor Meyera E. Oberndoo')
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Wtlliam W. Harrison, Jr., HaroM
Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wtlliam D
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent
None
May 13, 1997
REQUESTED BY MAYOR MEYERA E. OBERNDORF
A RESOLUTION AUTHORIZING THE HAMPTON
ROADS PARTNERSHIP TO CARRY OUT THE
PROVISIONS OF THE REGIONAL
COMPETITIVENESS PROGRAM (RCP) AND
APPROVING THE FUND DISTRIBUTION
METHODOLOGY PROPOSED BY THE
PARTNERSHIP
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WHEREAS, in 1996, the Virginia General Assembly adopted
the Regional Competitiveness Act (the "Act"), Chapter 26.3 of Title
15.1 (SS 15.1-1227.1 through S 15.1-1227.5) of the Code of
Virginia, 1950, as amended, to encourage counties, cities and towns
to work together for their mutual benefit and that of the
Commonwealth of Virginia;
WHEREAS, to encourage regional strategic planning and
cooperation, the Act establishes an incentive fund administered by
the Virginia Department of Housing and Community Development
(VDHCD) to be used to encourage and reward regional strategic
economic development planning and joint activities;
WHEREAS, the Act provides a monetary incentive, totaling
Six Million Dollars ($6,000,000) in 1997, for distribution among
the State's regions for communities to undertake new levels of
regional activity to address obstacles to economic competitiveness,
by granting funds for five (5) years in accord with VDHCD standards
adopted pursuant to the RCP, with applications for the first round
incentive funds being due on July 1, 1997;
WHEREAS, incentive funds will be disbursed to eligible
regions in an amount equal to the percentage of the funds
appropriated in incentive payments for a fiscal year that
represents the region's percentage of the total population of all
eligible regions;
WHEREAS, the Hampton Roads Partnership (the "Partnership")
is a Virginia non-profit, non-stock corporation comprised of
leading representatives from the public, business, education,
civic, and military communities whose mission is to enhance
regional cooperation and improve economic competitiveness in the
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Hampton Roads Region (the "Region") which Region includes the Cities
of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson,
Portsmouth, Suffolk, Virginia Beach, and Williamsburg, and the
Counties of Gloucester, Isle of Wight, James City, Southampton and
York;
WHEREAS, the Partnership has formally adopted the Hampton
Roads Region's Plan 2007 (the "Plan") as its strategic plan and as
such has a clear strategic road map for improving the economic
competitiveness of the Hampton Roads Region;
WHEREAS, a copy of the Plan 2007 Vision and Goal
Statement is attached hereto as Exhibit A to be read as a part
hereof;
WHEREAS, the Partnership, in close cooperation with the
Hampton Roads Planning District Commission, will take
responsibility for submitting the Hampton Roads Region's application
for incentive funding under the RCP and for seeing that the Plan's
joint activities are enacted;
WHEREAS, in recognition of the Partnership's role in
implementing the Plan's joint activities, the Partnership's
Executive Committee has formally requested that the Hampton Roads
Mayors and Chairs Caucus support the distribution of all 1997 RCP
funds received by the Region directly to the Partnership
("distribution methodology");
WHEREAS, prior to completing the application process, the
RCP guidelines require that each municipality designate by
resolution approval of the Region's RCP incentive funds distribution
methodology; and
WHEREAS, the Council of Virginia Beach, Virginia, has
reviewed the RCP and supports the Partnership's efforts to carry out
the provisions of the RCP and apply for monetary incentives on its
behalf.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF VIRGINIA
BEACH, VIRGINIA:
That, on behalf of the City of Virginia Beach, Virginia,
City Council hereby:
1. Recognizes the Hampton Roads Region as a region
contemplated by the Act, and declares itself to be a member of, and
a participant in, the Hampton Roads Region;
2. Supports the Partnership's efforts to carry out the
provisions of the RCP and apply for monetary incentives on its
behalf; and
3. Approves the RCP fund distribution methodology, and
authorizes the Partnership to receive, on its behalf, all 1997
incentive funding.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 13th day of May , 1997.
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CA-6639
ORDIN\NONCODE\RCP. RES
R-1
PREPARED: 5 / 7 / 97
EXHIBIT A
t; reg economy
THE VISION AND GOAL
By the year 2007, the regional economy of Hampton Roads will be diversified,
creating opportunities for our citizens to be employed in high quality jobs. With
diversification of the economy will come the full flowering of the region's physical and
human assets.
On its four-hundredth anniversary in 2007, Hampton Roads will be ...
· America's gateway, the premier port on the nation's eastern
seaboard
· the defense establishment's primary strategic location on
the east coast
· a maritime community with unique shipbuilding and ship
repair capabilities
· a center of advanced technological research, engineering,
and manufacturing
· a globally competitive tourism destination
· the model wellness community of the eastern United States
... and Hampton Roads will be renowned for its
· superior multi-modal transportation system
· strong support network for business and manufacturing
· excellent system of schools and universities
· high quality of life and culture
· sound government and committed community leaders
By 2007, the region's unique and human strengths will be recognized as the
foundation of Hampton Road's premier ranking as a globally competitive and
internationally oriented marketplace.
- 26 -
Item IV-&2
ORDINANCES/RES OL UTIONS
ITEM # 42112
Upon motion by Vice Mayor Sessoms, seconded by Councilman Hetschober, City Councd ADOPTED:
Resolution to recognize citizen concerns re quahty of life tssues created
by the Bow Creek Motel, direct the Ctty Manager and City Attorney to
take all actions necessary to address such concerns; carry out study
identified tn CIP 4-003, and, prepare the documents and analysts
necessary for City Council to consider the acceleration of funding, if
available from the FY 1996-I 997 year-end surplus, and implementation
of this project.
(Sponsored by Council Members Wilham W. Harrison, Jr. and
Reba S. McClanan)
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, William W. Harrison, Jr, HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent'
None
May 13, 1997
Requested by Councilmembers William W. Harrison, Jr. and Reba S.
McClannan
A RESOLUTION RECOGNIZING CITIZEN
CONCERNS ABOUT QUALITY OF LIFE ISSUES
CREATED BY THE BOW CREEK MOTEL AND
DIRECTING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE CERTAIN ACTIONS TO
ADDRESS SUCH CONCERNS
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WHEREAS, numerous residents of the Princess Anne Plaza
community have expressed their concerns to the City Council about
the negative impact on the quality of life in their neighborhood
caused by the frequent occurrences of disorder and continuing
violations of law at the Bow Creek Motel; and
WHEREAS, Capital Improvement Project 4-003, which
provides for the acquisition and demolition of the Bow Creek Motel,
was partially funded in the Fiscal Year 1997-98 CIP Budget to
provide initial funds ($99,000) for a site acquisition study;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager and City Attorney are hereby
directed to take all actions necessary for the enforcement and
prosecution of violations of all laws, ordinances, and regulations
applicable to the Bow Creek Motel and its operation; and
That the City Manager is further directed to
expeditiously carry out the study identified in CIP 4-003 and to
identify alternative means of meeting the needs of the neighborhood
including, as appropriate, providing funding in the 1998-99 Capital
Budget for Project 4-003 sufficient to completely fund the
acquisition and demolition of the Bow Creek Motel and the
construction of a new neighborhood park;
BE IT FURTHER RESOLVED:
That if sufficient funds are available from the FY
1996-97 year-end surplus, that the City Manager prepare the
documents and analysis necessary for Council to consider the
acceleration of funding and implementation of this CIP project.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of May , 1997.
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CA-6643
ORDIN\NONCODE\BOWCREEK. RES
R-3
PREPARED: 05 / 08 / 97
-27-
Item IV-J.3
ORDINANCES/RES OL UTIONS
ITEM # 42113
A motion was made by Council Lady Strayhorn, seconded by Council Lady McClanan, to ADOPT, AS
AMENDED:
Resolution to express City Council's desire for implementatton of certain
programs in the School Board FY 1997 - 1998 Operattng Budget
(Sponsored by Councd Member Louisa M Strayhorn):
a Class size reduction initiative
b. Expansion of at-risk programs
c. Expanston of capacity for Gifted and Magnet
School programming
d Provision of a four percent (4%) compensation
increase to aH ehgible teachers
At Line 14, substttute the following language:
"WHEREAS, in its FY 1997-1998 Operating Budget, City Council has
also provided local funding to the school system sufficient to provide all
eligible employees and teachers with compensation increases based on
parity with the City, including, at the discretion of the School Board, 4%
increases for eligible teachers effective on or about October, 1997."
At Line 25, substitute the following language:
"(4) Provtston of compensation tncreases to all school employees based
on parity with City funding of compensation and including 4°/6 tncreases
for eligtble teachers effective on or about October 1997, all without
negatively impacting other classroom tnstructional programs."
2-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Reba S. McClanan and Nancy K Parker
Council Members Voting Nay'
John A. Baum, Linwood 0 Branch, III, William tV.. Harrtson, Jr, Harold
Heischober, Barbara M. Henley, Louts R. Jones, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Abstaining.
Mayor Meyera E. Oberndorf
Council Members Absent:
None
Mayor Oberndorf ABSTAINED as she did not feel it was appropriate for members of City Council to get
into School salary negotiations.
May 13, 1997
- 28 -
Item IV-K.
PUBLIC HEARING
ITEM # 42114
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on'
PLANNING
1. BECO CONSTRUCTION, INC.
VARIANCE
2. L YNNHA VEN MARINA, L.L. C.
CONDITIONAL USE PERMIT
3. DANIEL E. POSTON
CONDITIONAL USE PERMIT
4. R. S. DICKSON AND COMPANY
CHANGE OF ZONING
5. RICHARD AND LEAH WAITZER
CHANGE OF ZONING
6. COW,tN CONSTRUCTION AND DESIGN, INC.
CHANGE OF ZONING
7. CITY OF VIRGINIA BEACH
AMEND AND REORDAIN
SECTIONS 1521 AND 1524
CZO/OFF-SITE PARKING
RT-3
4. EXXON CORPORATION
CONDITIONAL USE PERMIT
(L YNNHA VEN B OR 0 UGH)
CONDITIONAL USE PERMIT
(BA YSIDE B OR 0 UGH)
May 13, 1997
- 29-
Item IV-K.
PUBLIC HEARING
ITEM ii 42115
PLANNING
Upon motton by Councilman Jones, seconded by Counctlman Baum, City Counctl APPROVED in ONE
MOTION Items 1, 2, 5, 6 and 7 of the PLANNING BY CONSENT.
Voting: 8-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W Harrison, Jr., HaroM Heischober, Barbara M
Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent.
Ltnwood O. Branch, III, Vice Mayor William D. Sessoms, Jr and Loutsa
M. Strayhorn
May 13, 1997
- 30-
Item IV-K. 1.
PUBLIC HEARING
ITEM # 42116
PLANNING
Upon motion by Councilman Jones, seconded by Councilman Baum, Ctty Council APPROVED the
application of BECO CONSTRUCTION, INC. for a Variance to Section 4.4 (b) of the Subdivtston
ordinance re all lots created by subdivision meet all requirements of the City Zoning Ordinance.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordtnance, Subdivision for Beco
Construction, Inc. Property is located on the south side of Broad Bay
Road, 230 feet more or less east of Hackberry Road. L YNNHA VEN
BOROUGH.
The following con&tions shall be requtred.
1. Note #10, which reads "Buildtng Envelopes shown hereon are
for illustration purposes only," must be removed.
.
A note must be added to the subchviston plat stating, "All or a
portion of this subdivision is located in a Chesapeake Bay
Preservation Area and ts subject to the provisions of the
Chesapeake Bay Preservation Area Ordinance"
Voting:
8-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Willtam W Harrison, Jr, Harold Hetschober, Barbara M.
Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf
Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0 Branch, III, Vice Mayor Wilham D. Sessoms, Jr. and Loutsa
M. Strayhorn
May 13, 1997
- 31 -
Item IVoK. 2.
PUBLIC HEARING
ITEM # 42117
PLANNING B Y CONSENT
Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED an
Ordinance upon application of L YNNHA VEN MARINA L.L.C. for a Conditional Use Permit
ORDINANCE UPON APPLICATION OF L YNNHA VEN MARINA, L L C
FOR A CONDITIONAL USE PERMIT R05972113
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lynnhaven Marina, L.L C, for a
Conditional Use Permit for a marina on the east side of Great Neck Road
W, beginning at a point 950feet more or less south of Lynnhaven Drive.
Said parcel is located at 2101 Great Neck Road West and contains 1.249
acres. L YNNHA VEN BOROUGH.
The following condition shall be required:
The site shall be developed substantially in conformance with
the plan entitled "Capps Boat Works" dated 02/19/97.
2. Any free-standing sign erected on the site must be monument
style, landscaped in accordance with current code.
.
Landscaping shall conform with all requirements of the Site
Plan Ordinance for foundation plantings and street frontage
landscaping.
The repair and maintenance activities currently being
performed on the site may be relocated, but shall not be
expanded; there shall be no construction of boats on the
property.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of May Nineteen
Hundred and Ninety-Seven.
Voting: 8-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, William ~ Harrison, Jr, HaroM Heischober, Barbara M
Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf,
Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Ltnwood O. Branch, IIL Vice Mayor William D. Sessoms, Jr. and Louisa
M. Strayhorn
May 13, 1997
- 32 -
Item IV-K.$.
PUBLIC HEARING
ITEM # 42118
PLANNING
Btlly Garrtngton, 471 Southside Road, Phone: 428-4245 represented the applicant
The :following registered tn OPPOSITION:
Roland Doan, 401 Chesopeian Trail, Phone: 631-4880, President- Chesopeian Colony Civic League,
presented Petitions in OPPOSITION comprised of 350 signatures, which is hereby made a part of the
record.
Carolyn Dittrick, 605 Chesopeian Trail, Phone: 498-4722
James L Mahaffey, 3420 Kings Lake Drive, Phone' 340-2846, Pastor - Foundry United Methodist Church
John Brewtngton, 1001 Cannonbury Common, Trustee- Foundry United Methochst Church, presented
Petttton in OPPOSITION comprised of 466 signatures of church members, which is hereby made a part
of the record
Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000
Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council DENIED Ordinance
upon applicatton of D/INIEL E. POSTON for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DANIEL E. POSTON FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES,
SER VICE AND TRUCK RENTALS
Ordinance upon application of Daniel E. Poston for a Condittonal Use
Permit for motor vehicle sales, service and truck rentals on the south stde
of Virgima Beach Boulevard, 300feet west of Foundry Lane. Satd parcel
is located at 2825 Virginta Beach Boulevard and contains 1 acre
L YNNHA VENBOROUGH.
Voting: 11-0
Council Members Vottng Aye:
John A Baum, Linwood 0 Branch, III, William W. Harrison, Jr, Harold
Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Counctl Members Absent.
None
May 13, 1997
- 33 -
Item IV-K.4.
PUBLIC HEARING
ITEM # 42119
PLANNING
Attorney R. J Nutter, II, 4425 Corporatton Lane, Phone: 568-8264, represented the apphcant
Upon motion by Counctlman Branch, seconded by Councilman Harrison, City Councd ADOPTED an
Ordinance upon application of R. $. DICKSON & COMPANY for a Change of Zomng Dtstrict
Classification:
ORDINANCE UPON APPLICATION OF R S. DICKSON & CO FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROM A-12 to
RT-3 Z05971073
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of R. S. Dickson & Co., for a Change of
Zoning District Classification from A-12 Apartment District to RT-3
Resort Tourist District on property located at the southwest intersection
of 30th Street and Arcttc Avenue. The proposed zoning classification
change to RT-3 is for resort/tourist land use. The Comprehenstve Plan
recommends use of this parcel for suburban high denstty residenttal at
densities that are compatible with single family use tn accordance wtth
other Plan polictes SaM parcel contains 32,328 square feet VIRGINIA
BEACH BOROUGH
The following condition shall be required'
1. An Agreement encompassing proffers shall be recorded wtth the
Clerk of Circuit Court.
This Ordinance shall be effective tn accordance with Sectton 107 60 of the Zontng Ordinance.
Adopted by the Counctl of the City of Virgtnia Beach, Virginia, on the Thirteenth of May Nineteen
Hundred and NinetF-Seven.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, William W Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wtlham D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Vottng Nay'
None
Council Members Absent:
None
May 13, 1997
City of Virginia Reach
ZNTER-OFFICE CORRESPOI~DE~CE
In R~ly Rof~r To Our Fib No. DF-4401
DATE: March 28, 1997
TO:
FROM:
Leslie L. Lilley DEPT: City Attorney
William M. Macali ~ DEPT: City Attorney
Conditional Zoning Application - R. S. Dickson & Company
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 29, 1997. I have reviewed the subject proffer agreement, dated
~mber 12, 1996, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
THIS A~REEMENT, made this 12th day of December, 1996 by and
between R. S. DICKSON & COMPANY, a North Carolina corporation
(hereinafter collectively referred to as Grantor) and the CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia (hereinafter referred to as ("Grantee").
W I T N E S S E T H:
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee, so as to change the classification of
the Grantor's property from A-12 (Multi-family) to RT-3 (Resort
Tourist District), on certain Property which contains a total of
32,328 square feet, plus or minus, located in the Virginia Beach
Borough of the City of Virginia Beach, Virginia, more
particularly described in the attached Exhibit A (hereinafter
the ~Property");
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land for various purposes, including
resort tourist purposes, through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible uses conflict, and that in order to
permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and
the need for various types of uses, including those listed
above, certain reasonable conditions governing the use of the
Property for the protection of the community that are not
generally applicable to land similarly zoned RT-3 are needed to
cope with the situation to which the Grantor rezoning
application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing
in advance ef and prior to the public hearing before the
PREPARED BY MAYS & VALENTINE
Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the
existing RT-3 zoning district by the existing City's Zoning
Ordinance (CZO), the following reasonable conditions related to
the physical development, operation and use of the Property to
be adopted as a part of said amendment to the new Zoning Map
relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by
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the rezoning.
WHEREAS, said conditions having been proffered by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment
changes the zoning on the Property covered by such conditions;
provided, however, that such conditions shall continue despite
a subsequent amendment if the subsequent amendment is part of
the comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the foregoing,
these conditions are amended or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and executed by the record owner of
the subject Property at the time of recordation of such
instrument; provided, further, that said instrument is consented
to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, Section
15.1-431, which said ordinance or resolution shall be recorded
along with said instrument as conclusive evidence of such
consent.
NOW THEREFORE, the Grantor, for itself, its successors,
assigns, grantees, and other successors in title or interest,
v~luntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of
compulsion of quid pro quo for zoning, rezoning, site plan,
building permit or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation and use
of the Property if developed for a use permitted under the RT-3
zoning classification, and hereby covenants and agrees that
these Proffers shall constitute covenants running with the said
Property, which shall be binding upon the Property and 'upon all
parties and persons claiming under or through the Grantor, its
heirs, personal representatives, assigns, grantees and other
successors in interest or title, namely:
1. The external building materials and colors used on the
principal building on the Property, excluding accents and
windows, shall be the same building materials and colors as
those displayed in the exhibit entitled "Harris Teeter Baltic
Avenue," dated February 4, 1997, which exhibit is displayed to
the City Council of Virginia Beach and is on file in the
Virginia Beach Planning Department (hereinafter, the
~Rendering").
2. The architecture of the principal building located on
the Property shall be substantially similar and compatible with
the architecture of the Harris Teeter grocery store depicted in
the Rendering.
3. No vehicular parking lots shall be constructed between
the principal building constructed on the property and the
adjacent public rights-of-way of Baltic Avenue and/or 30th
Street.
4. Further conditions may be required by the Grantee
during detailed site plan and/or subdivision review and the
administration of applicable City codes by the appropriate City
agencies and departments to meet all applicable City codes
requirements.
Ail references hereinabove to zoning districts and to
regulations applicable thereto, refer to the City Zoning
Ordinance of the City of Virginia Beach, Virginia, in force as of
the date of the conditional zoning amendment is approved by the
Grantee.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia shall be
vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and
enforce the foregoing conditions, including (I) the ordering in
writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to
ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings; (2) the failure to meet all
conditions shal~ constitute cause to deny the issuance of any of
the required building or occupancy permits as may be appropriate;
·
(3) if aggrieved by any decision of the Zoning Administrator made
pursuant to the provisions of the City Code, the CZO or this
Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4)
the Zoning Map show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Subject
Property on the map and that the ordinance and the conditions may
be made readily available and accessible for public inspection in
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the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia and
indexed in the name of the Grantor and Grantee.
WITNESS THE FOLLOWING SIGNATURE AND SEAL.
R. S. DICKSON & COMPANY, a North
Carolina corporation
J~ia A. Passmore
/uthorized Agent
_ ,The foregoing instrument was acknowledged before me this
].3a~- day of ~)~dz~/%- , 1996 by Julia A. Passmore as
authorized agent of R. S. Dickson & Company.
My Commission Expires:
EXHIBIT A
LEGAL DESCRIPTION FOR PARCEL
LYING EA~ OF BALTIC AVENUE
Situate, lying and being and being oll that certain piece or parcel o,f.
land located in the Lynnhaven and Virginia Beach Boroughs of the City of
Virginia Beach, Virginia, and being more particularly described as
follows:
BEGINNING at the intemection of the southerly right-of-wpy line of 30th
Street and the easterly right-of-way line of Holly Road / Baltic Avenue..
said point being marked by a set iron pin and being the true point and
place of BEGINNING; thence South seventy eight degrees thirty four
minutes fifty eight ee. cond~. East. (S 78'34'58' E), ['passing a found iron
pin at forty and 92/100 (.40.92) feet, said pin lying at the intersection
of the aforesaid southerly nght-of-way line of 30th Street and the
.dividing line between the eastern and western halves of Lot 49 as shown
m Uap Book 5 at Page 103], for a total distance a distance of .two
hundred six and 5/100 (206.05) feet to a found iron pin, said ~n
marking the intemection of the aforementioned southerly right of way
line of 30th Street and the we~.terly right-of-way llne of Arctic Avenue;
thence South eleven degrees thirty four minutes zero seconds West
(S 11'.34'00" W), a distance of one hundred forty and 25/100 (140.25)
feet with the aforesaid westerly Hght-of-way line of Arctic Avenue to a
point, said point lying at the intersection of said westerly right-of-: .
wc~, line of Arctic Avenue and the northerly line of a 20 foot lane as
n
shown in Map Book 8 at Page 10; thence North seventy eight degrees
thirty minutes seventeen eecon, de Wpet (N .78'30'17'. W), a distance.
of two hundred forty and 18/100 (240.18)_feet with the northerly line of
said 20 foot lane to a est iron 'm, said pin marking the intemection
of the northerly line of said 20 ~oot lane and the extended westerly
,line of Lot 51, being the southwest comer of that portion of the 24'
RESERVED PARCEL' adjacent to Lot 51, (Map Book 5 at Page ~.03), (said
24' 'RESERVED PARCEl: being shown in Map Book 8 at Page. 10); then_ce .
North eleven degrees thirty four.minutes ze.ro seconds East_ (N 11'54'00'
a distance of sixty two and 36/100 (62.36) feet in p?.rt with the extended
westerly !Ins of LOt 51 and in port with the common line of LOt .51 and
Lot 52, (as shown in Map Book 5 at Page 103), to a set iron p~n on the
easterl)_~_ right-of-way line of Holly Road / Baltic Avenue; thence North
flve~ =roes seventeen minutes
thirty dog . fo.rty eight seconds East (N 35'17'48' E),
a distance of eighty four and. 82/100 (84.82) feet with the easterly right-of-way
line of aforesaid Holly Rood / Baltic Avenue, to a set iron pin, said. pin be.lng
the t.m.e point and place of BEGINNING and containing 742.0/10000 (0.7420) acres,
or thirty two thousand three hundred twenty three (32,325) square feet, more
or less.
NI Map Books, Deed Book~ or Plat~ referred to herein are recorded In the
Clerk's Office of the Cimuit Court of the City of Virginia Bidbh, Virginia.
- 34 -
Item IV-K.$.
PUBLIC HEARING
PLANNING B Y CONSENT
ITEM # 42120
Upon motion by Councilman Jones, seconded by Councilman Baum, City Counctl ADOPTED an
Ordinance upon application of RICHARD AND LEAH WAITZER for a Change of Zoning District
Classification'
ORDINANCE UPON APPLICATION OF RICHARD AND LEAH
WALTZER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM 0-2 TO 0-I Z05971074
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatton of Richard & Leah Waitzer for a Change of
Zoning Distrtct Classification from 0-2 Office Dtstrict to 0-1 Office
District on the west stde of First Colonial Road, 350 feet more or less
north of Old Donation Parkway. The proposed Comprehensive Plan
recommends use of thts parcel for urban high density residenttal at
denstties that are compattble with multi-family use in accordance wtth
other Plan polictes Said parcel is located at 1115 Ftrst Colonial Road
and contatns 25, 003.44 square feet. L YNNHA VEN BOROUGH.
Voting:
8-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr, Harold Heischober, Barbara M.
Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf,
Nancy K. Parker
Councd Members Voting Nay:
None
Council Members Absent:
Linwood 0 Branch, III, Vice Mayor William D. Sessoms, Jr. and Louisa
M. Strayhorn
May 13, 1997
- 35 -
Item IV-K. 6.
PUBLIC HEARING
PLANNING B Y CONSENT
ITEM # 42121
Upon motion by Councilman Jones, seconded by Councdman Baum, City Councd ADOPTED an
Ordinance upon applicatton of COWAN CONSTRUCTION AND DESIGN, INC for a Change of
Zoning'
ORDINANCE UPON APPLICATION OF COWAN CONSTRUCTION
AND DESIGN, INC FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 TO R-SS Z05971075
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Cowan Construction and Destgn Inc , for
a Change of Zoning Distrtct Classification from A-12 Apartment District
to R-SS Residential Single Famdy District at the southeast corner of
Alabama Avenue & GarfieM Avenue on Lots 1 through 9, Block 8, Pecan
Gardens The proposed zoning classification change to R-SS is for single
family land use on lots no less than 5,000 square feet The
Comprehensive Plan recommends use of this parcel for urban medium
low denstty residential at densities that are compattble with multi-family
use in accordance with other Plan policies. Said parcel contains
21,997 04 square feet. PRINCESS ANNE BOROUGH.
This Ordtnance shall be effective in accordance wtth Section 107 (J) of the Zoning Ordtnance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of May Nineteen
Hundred and Ninety-Seven.
Voting: 8-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr, HaroM Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Vice Mayor William D. Sessoms, Jr and Louisa
M. Strayhorn
May 13, 1997
- 36-
Item IV-K. Z
PUBLIC HEARING
PLANNING B Y CONSENT
ITEM # 42122
Upon motion by Councilman Jones, seconded by Councilman Baum, Ctty Council ADOPTED
Ordinance to AMEND and REORDAIN Sections 1521 and 1524 of the
City Zoning Ordtnance re off-site parking facilities in the Resort Tourtst
District (R T-3).
Voting: 8-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker
Council Members Vottng Nay.
None
Council Members Absent:
Linwood 0 Branch, HI, Vice Mayor Wdliam D. Sessoms, Jr. and Loutsa
M. Strayhorn
May 13, 1997
AN ORDINANCE AMENDING THE CITY
ZONING ORDINANCE TO ALLOW OFF-SITE
PARKING FACILITIES AS A CONDITIONAL
USE IN THE RT-3 RESORT TOURIST
DISTRICT
SECTIONS AMENDED: city Zoning Ordinance
Sections 1521 and 1524
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 1521 and 1524 of the City Zoning Ordinance be,
and hereby are, amended and reordained to read as follows:
Seo. 1521. Use regulations [RT-3 Resort Tourist District].
(a) Principal uses and structures: For parcels less than
twenty thousand (20,000) square feet in size, any one (1) of the
following is allowed; provided, however, that drive-through
facilities shall not be permitted as a principal use in any portion
of the district east of Arctic Avenue, south of Winston-Salem
Avenue and 4th Street, or north of 35th Street:
(0.5) Antennas, building-mounted.
(1) Auditoriums and assembly halls;
(2) Boat sales;
(3) Business studios, offices, clinics and medical
laboratories;
(4) Bicycle rental establishments;
(5) Child care and child care education centers;
(6) Commercial parking lots, parking garages and storage
garages;
(7) Commercial recreation facilities other than those of an
outdoor nature;
(8) Dwellings, additions to single-family, duplex, semi-
attached, and attached;
(9) Eating and drinking establishments, except as specified
in subsection (c)(6);
(10) Financial institutions;
(11) Funeral homes;
(12) Museums and art galleries;
(13) Off-site parking facilities, provided the provisions of
section 1505 are met;
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(14) Personal service establishments, including barber and
beauty shops, shoe repair shops, cleaning, dyeing,
laundry, pressing, dressmaking, tailoring and garment
repair shops with processing on the premises~
(15) Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
(16) Public buildings and grounds;
(17) Public utilities installations and substations including
offices~ provided storage or maintenance facilities shall
not be permitted~ and provided, further, that utilities
substations, other than individual transformers, shall be
surrounded by a wall, solid except for entrances and
exits, or by a fence with a screening hedge five (5) to
six (6) feet in height~ and provided also, transformer
vaults for underground utilities and the like shall
require only a landscaped screening hedge, solid except
for access opening;
(18) Retail establishments, including the incidental
manufacturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations or
for storage or display of any scrap, salvage or
secondhand building materials or automobile parts shall
not be allowed, further provided that adult bookstores
shall be prohibited from locating within five hundred
(500) feet of any apartment or residential district,
single- or multiple-family dwelling, church, park or
school.
For parcels greater than twenty thousand (20,000) square feet, any
of the following additional uses are allowed and may be used in
combination with any of the permitted uses listed above:
(19) Multifamily dwellings when developed in conjunction on
the same parcel with other allowed uses where the floor
area of the multifamily dwelling does not exceed seventy
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(70) percent of the total floor area of the entire
project;
(20) Motels and hotels which may have in conjunction with them
any combination of restaurants, retail commercial use and
convention facilities, provided that uses in conjunction
with hotels and motels may not occupy more than ten (10)
percent of the floor area of all structures (excluding
parking) located on the lot, and provided further, that
drive-through facilities shall not be permitted as a
principal use in any portion of the district east of
Arctic Avenue, south of Winston-Salem Avenue and 4th
Street, or north of 35th Street.
(b) Accessory uses and structures: Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures; provided, however, that drive-
through facilities shall not be permitted as an accessory use:
(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change in the
outside appearance of the building or premises or any
visible or audible evidence detectable from outside the
building lot, either permanently or intermittently, of
the conduct of such business except for one (1)
nonilluminated identification sign not more than one (1)
square foot in area mounted flat again against the
residence; where no traffic is generated, including
traffic by commercial delivery vehicles, by such activity
in greater volumes than would normally be expected in the
neighborhood, and any need for parking generated by the
conduct of such activity is met off the street and other
than in a required front yard; where the activity is
conducted on the premises which is the bona fide
residence of the principal practitioner, and no person
other than members of the immediate family occupying such
dwelling unit is employed in the activity; where such
activity is conducted only in the principal structure on
the lot; where there are no sales to the general public
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of products or merchandise from the home; and where the
activity is specifically designed or conducted to permit
no more than one (1) patron, customer, or pupil to be
present on the premises at any one time. The following
are specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes, massage
parlors, radio or television repair shops, auto repair
shops, or similar establishments.
(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof; and provided, that except as set forth
in subdivision (5.5), drive-through facilities shall not be
permitted as a conditional or accessory use in any portion of the
district east of Arctic Avenue, south of Winston-Salem Avenue and
4th Street, or north of 35th Street:
(1) Automobile and small engine repair establishments,
provided that all repair work shall be performed within
a building;
(2) Automobile service stations; provided that, where there
is an adjoining residential or apartment district without
an intervening street, alley or permanent open space over
twenty-five (25) feet in width and where lots separated
by a district boundary have adjacent front yards, a six-
foot solid fence shall separate the automobile service
station use from the adjacent residential district and no
ground sign shall be within fifty (50) feet of the
residential or apartment district;
(3) Car wash facilities, provided that:
(i) No water produced by activities on the zoning lot
shall be permitted to fall upon or drain across
public streets or sidewalks or adjacent properties;
(ii) A minimum of three (3) off-street parking spaces
for automobiles shall be provided for each car wash
space within the facility;
(4) Churches;
(5) Dormitories for marine pilots;
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(5.5) Drive-through facilities of financial institutions
located east of Arctic Avenue, south of Winston-Salem
Avenue and 4th Street, or north of 35th Street;
(6) Eating and drinking establishments where all three (3) of
the following occur:
(i) Alcoholic beverages are served;
(ii) The establishment operates at any time between
12:00 midnight and 2:00 a.m.; and
(iii) The establishment excludes persons under twenty-one
(21) years of age during any part of the day.
(6.1) Flea markets;
(7) Heliports and helistops;
(8) Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child
care centers, other than those covered under permitted
principal uses and structures hereinabove, when not
operated by a public agency;
(9) Home occupations;
(10) Hospitals and sanitariums;
(11) Marinas, including facilities for storage and repair of
boats and sale of boating supplies and fuel;
(12) Mini-warehouses, provided that the yard shall be
completely enclosed except for necessary openings for
ingress and egress by a fence or wall not less than six
(6) feet in height;
(13) Motor vehicle sales and rental, provided the minimum lot
size is twenty thousand (20,000) square feet;
/~ Off-site Darkin~ facilities $0r uses ~nd structures
located withi~ the RT-3 Resort Tourist District, Drovided
the requirements of Section 203 are met;
(14) Passenger transportation terminals;
(15) Public utility storage or maintenance installations;
(16) Radio and television broadcasting stations, cellular
telephone antenna and line-of-sight relay devices;
(17) Recreational and amusement facilities of an outdoor
nature, which may be partially or temporarily enclosed on
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a seasonal basis with approval of city council, provided
that, in the development of such properties, safeguards
are provided to preserve and protect the existing
character of adjacent properties, except that riding
academies and recreational campgrounds shall not be
allowed as a conditional use or otherwise.
(18) Satellite wagering facility.
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8eo. 1524. Off-street parking regulations.
Parking shall be required for all uses and structures
permitted in the RT-3 Resort Tourist District in accordance with
section 203 or by conditional use permit pursuant to Section 1521
Adopted by the City Council of the City of Virginia Beach on
this 13th day of Hay 1997.
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CA-6596
Proposed \ 45-152 le. Ord
March 26, 1997
R-2
-37-
Item IV-L. 1.
APPOINTMENTS
ITEM # 42123
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT'
MEDICAL COLLEGE OF HAMPTON ROADS
May 13, 1997
- 38 -
Item IV-N. 1.
NE W BUSINESS
ITEM # 42124
BY CONSENSUS, City Council shall not schedule a CITY COUNCIL WORK,~;HOP for May 20, 1997.
May 13, 1997
- 39-
Item IV-O.
ADJOURNMENT
ITEM # 42125
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5.25 P.M
o_.0.
oks, CMC/AAE
Chief Deputy City Clerk
~, CMC/JAE
Ctty Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
May 13, 1997