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AUGUST 14, 1972
MINUTES O1; TIlE I-ION('~Y,'.A},;I.1; CiTY (~OI. NCJL OF Ti! CITY OF \,".~P. GINIA t-;l}'d\Cl[, VII,.(,I~]_A August 14, 1972 The regular meeting of the Council of the City of VirgSnia Beach, Virginia was held in the Council Chambers in the Admin~straiion Building in the Borough of Princess Anne, on Monday, August ].4, 1972, at 10:00 a.m. The invocation was given by the Reverend Tracy D. Floyd, Jr., Pembroke Manor United Church of Christ, Virginia Beach, VSrginia. Councilmen Present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. bhtrray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. l~'aterfield, Jr. ' · I ITEM #4915 On motion by Councilman Gardner, seconded by Councilm!an Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Bourn, Robert 1t. Callis, Jr.~, Robert B. Cromwell., Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J.~ Curtis Payne, Mayor Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the MSnutes of the Regular Ideeting of August 14, 19~ a~d the reading of said Minutes dispensed with inasmuch as each Councilmar had a cony of the subject MSnutcs before him. I TEH g 49 ] 6 Mr. Steve J. Magola appearSng on behalf of the application. Mrs. l:oy Casper appearing in opposition of the application. On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows' ' Ayes: Councilmen John A. Bourn, Robert }t. Ca]lis, ,ir., Robert B. Cro;nwel. 1, Jr., VSce Hayor F. Reid Err'in, Ceorge R. Ferrell, Charles l~~. (;~rdner, C'lare]~ce A. }{o]]and, 1]. Murray Malbon, J. Curtis P;~yne, nnd J:lovd l~. h;at. erf'icld, Jr. Nays · None Ab s t a in · lqayor Donald II. Rhodes. Al~sent: None paved dr'ivewa~ and stand,:~rd ~r. ~. H. De~ord, Or., a?pear~n~ on beh~zf o~ the ap?]~cat~o~. O~ ~ot~o~ by Cou~c~Zmon Ma]boo, seconded recorded vote as ~o]].o~s- Ayes: .Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. tIolland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Estate of W. R. Gornto by John E. Sirene and Associates for a Use Permit to construct a sewage pumping station on certa_in property locaf-e-d--~'O-'0--{eet South of Trant' Lake Drive and 125 feet East of Meadow Lake Road. Laurel Cove - Trantwood Shores area, Lynnhaven Borough. Approval is subject to standard site plan review as required by the Engineering Division of th.e Department of Community Services; approval is further subject to paved driveway and standard concrete entrance. (VICE MAYOR ERVIN LEFT TtIE COUNCIL CHA~IBERS) ITEbI #4918 ~pl~,c,:,t~on,~" of Tho~as Ooynt fo,'~ a U~e Per're.i% to or:.er~te a used car retail ino a distance of i%.34 .r,-,,.~ ,.r~,..~., .., ' c,i..~ ......... ,~.,:t a'~cno 'the ' pro' "~ ~,~ llne. p,.:,, ,~1 contains 15.. ,,.,_,,eno square feet r,0~ or less. (L(:nd~n ',,'~d~e""' ' ' Arc~). L~'~'r,~,'~'I.,~E,., '~ Mr. Thomas Joynt appeared on behaJf of his own application. On motion by Councilman Malbon, sekoflded by Councilman rayne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., George R. Ferre11, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis rayne, Mayor Donald H. Rhodes, and F]oyd E. Waterfield, ,Jr. Nays: None Absent: Vice Mayor F. Reid F, rvin' (:it), Council approved thc' above appli_cation of Thomas Joynt for. a .U~;e I~erm-i.t to o]'~erato a car retail sa]es on certo:in property beginning ~:/l:~i-]jb]]]-~:.' 500 feet ]~as't of Parke~-' Lane, ~'unn;ng a d:istance of 100 feet ft]o~g Zl~e Sotlt. h side of Virginia Beach Bot~]evard. S~tScl par,::e] contains 15,()00 ~Tquare feet, hi.)prova.l i_s sul)ject to C-ity, water and. sewer :~' required by the tlr,o, lth l)el~a.rlnten't; and t't~rtlter :;ub~ecl' to s:i't'e plan ]'evie~, 1)v the Er;gi]-~.e~rJnq tis r.:~.;,,.: as t.ot II, Bt ~, .... -,o r'~-~-, ..... ~lo~,,ent Co. and contains 7,000 square feet. VI}'::(]~'" `~ [:~:~:,CU '-' .... ~" ~h,,~ Planning Ce:?,~flssion ?~,,.~,.~,~aq (:t>provai of '.'~ '" '~ ' , ~.r,,..D .. standard site plan requ'i'-',''~*,, ts. Mr. Joseph L. Lyle, Jr. appearing olllbehalf 6f the applicant. On motion by Councilman Callis, seconded by Councilman Malbon, and by by recorded vote as follows: Ayes: Councilmen John A. Baum', Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Nelly P. Simpson for a Use Permit to operate a lodging house on certain property located on the Nort~-si~e- of 16th Street beginning at a point 200 feet East of Arctic Avenue, running a dj. stance of 50 feet along the North side of 16th Street and running a distance of 140 feet along the Western property line. Said parcel is known as Lot 11', Block 22, Plat Nh. 2, and contains 7,000 square feet. Virginia Beach Borough. Approval is subject to standard site plan requirements as reviewed by the Engineering Division, Department of Community Services. ITE?4 #4920 Application of f~arJac Corporation for a t!?e [~'er}l['i~t· to'construct a _.., ............ ,e [~or'ch side of 22nd a'[ ' "' ,i.stance of 150 feat a'lon~ h~,, ;,lorthern F,'rol~er!:y line runni~5 a ~ ~ ,. , ... ,,., 23 ~:~': squal~ feet, and is k~own a~ L,~i,,:, tl, , Virginia Beach Property (],a~? ~.~ Plat) V'if:i(~i!,~.A ..:~CH plan approval oi a t~ew site ," '" "~ locaL~.~ of the bu~'idin¢ a:; to allow Mr. V. A. Ethcridge, Jr. 'appeared on behalf of the applicant. On motion by Councilman Cromwell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, .Ir., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.. tie]land, D. Murray ~qa]bon, J. Curtis Payne, '-- 'Hayer Donald I{. Rhodes, and Floyd E. Waterfield, Jr. Nays: None At) sent · None C, ity COUIICJ 1. approved the above appl a Use J'ormit to const:ruct ;t [)()-tin:it l]loteJ on (]crt;iii] l})ropcYt)r ]oca'teJ ITEM ~4921 ..,o .......... ,~. corner 140 fea, t along '[:h~ t:e~t :;~de of Arctic ~",'~",',..., running, a ~'~*~,,rr,..,..,.,, ..... ef 75 feet Uesteri",r,,.~o~.~rt.y' ~', lir:e. Said parcel cont¢.,,,:,' '~';'"' 10,500 square feet. V~2GINIA The Planning Con~:ffssim'~ recommends ap?.reval of this request subject to City water and sewer lx~quired by the ~::ait~ D::$:trtF:er~t. Er:gineering Division requires standard site plan revie~:; the st,.~t:dard improvem~nts to tSx~ adjoining rif~hts of ~:ay sh~ll i:'~ctude ravem::n't wideninq, concretm c~rb and gutter, sid,..:.~alks and necessary storm drair:t:e and pretective cc.~:crete c~rbs to be ~'~rovided at the peri;::z-Cer of ail on-site ?~,ved aFeas. The motion for a~Nproval also suggests pa?tic~l:,:tf::.n in sc:F>oi site acquSsi'tion. Mr. Grover C. Wright appearing on behalf of the applicant. On motion by Councilman Callis, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert'H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilman Clarence A. Holland Absent: None City Council approved the above application of Parker-Sparks, Inc. for a Use Permit to construct 8 efficiency apartment units on certain property located on the Southwest corner of 33rd Street and Arctic Avenue, r~nning a distance of 75 feet along the South side of 33rd Street, running a distance o:£ 140 feet'along the Nest side of Arctic Avenue. Said parcel contains 10,500 square feet.. Virginia Beach Borough. Approva is subject to City water and. sewor as required by the Heal_th Department; standard site plan review as required by. the Engineering Division; stand, ar. improvements' to the adjoining rights of way to include pavement widening, concrete curb and gutter, sidewalks and necessary storm drainage and protective concrete curbs to be provided at the perimeter of all on-site paved areas; approval is further subject to participation in school site acquisition. ITEM #4922 Mr. James Pickrcll appeared on behalf of thc applic:ant. On motion by Councilman i~olland, :;econded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. ~].romwell, Jr., Vice Mayor F. ~eid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. I~olland, D. Murray Malbon, J. Curtis Payne, and Floyd B. Waterfield, Jr. Nays: None Abstain: Mayor Donald H. Rhodes Absent: None City Council approved the above application of Pembroke Square Associates for a Use Permit for services of tires, batteries and; accessories on certain property located at the Southeast corner of Jeanne Street and Independence Boulevard, running a distance of 200 feet along the East side of Independence Boulevard, running a distance of~200 feet along the South side of Jeanne Street. Said Parcel. cqntainF 40,000 squaye feet, Pembroke Mall Shopping Center area, Ba. ysiae Bor6ugh. Approval is subject to standard site plan re~'iew as required by the Engineering Division. to include protective concrete curbs surrounding the parking areas. ITEM ~4923 tainmen't on certain pro[,eYt? arid 50 f'egt ~o~ or l~z~; [~or'd~ of ~on~v Crovo Ro~d (P'ropos6d) and located in the Hayaood Shopping Center. The Planning Co~Iss)on recmY~.T.~:md:~ denial of this request due to the opposition Hr. W. W. GreEorT appeared on behalf of the a~)lJcatio~ Mrs. Cecily Macdonald appoared in opposition o~ the application. On motion by Councilman Cromwell, seconded by Councilman Holland, and by recorded vote as follows: ~ Ayes: Councilm~n John A. Baum, Robert H. ~all2s, Jr., Robert B. Cromwell., Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Hurray Mal. bon, J. Curtis Payne, Nayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the withdrawal of the above application of Rendezvous, Incorporated for a Use Permit for dancing with live enter- t;~inment on certain property :locste[J 400 feet West of Independence i~u]evard and 50 feet North of lIoney Grove Road (proposed) and located in the Haygood Shopping Center. Bays ide Borough. point 500 feet rnore or less ~:orth of Virginia Beach }]~ou'levard. (Ci~inese Corper Area). DAYSIDE B0h0UG}I. The Planning Cor~nssion rec_,.,.~nd~ approval of this request s.blr, ct to a dedication of 80 feet. fm),,~ ~,~ '~"' '" c~-n~er !~'~' of the ~,"~s~'ing 120-'f'oat rig~t of ?'ay aiong the ~ ~ 'a~'- requested by the R..qal Estate Division. 'Iht-, En,.;neerinff Division states that there is an am:~roved site pi~: of this oatc:l on file however, if any deviation from this apprvved plan is to be made, a new plan showing these revisions r:zust be ~,,h:~,~ .... ......... ~...(x, for reviev. The ~:~otion for a?roval sta~d that a f~.,~c~ 1SO feet by 50 feet h,e erected for the protection of au~nd~[,q this . the cMldren ~-*~" ~ d~v care center, Tt~e a~q)~,.a, nt shall be required to connect to City setqer when i% becomes awtilable. Appea~ed on behalf of the application: M~. Calvin Childless Mrs. L1~da O~ motion by Councilma~ Cromwell, seconded by Councilm~ Baum and by recorded vote as follows: Ayes: Cou~cilme~ John A. Baum, Robert H. Callis, Jr., Robert B. C~omwe]_l, J~., Vice Mayor F. Reid Ervin, George R. ~e~ell, Charles W. Ga~d. ne~, Clarence A. Holland, D. 5{ur~ay Malbon, J. Curtis Payne, Mayo~ Donald H. Rhodes, a~d Floyd E. Waterfgeld, J~. ~ays: No~e Absent: None City Council approved the above application of Sunny Days of Virginia Beach for a Use Permit to operate a day care center on certain property located on t~-4--N-~-~---s-ide of Virginia Beach Boulevard, beginning at a point 225.7 feet West of Ne]ms Lane, beginning at a point 500 feet North of Virginia Beach'Boulevard. Chinese Corner area, Bayside Borough. Approval is subject to a fence 180 feet by 50 feet be erected for the-protection of the children attending th2s day care center; approval J.s further subject to City sewer when it becomes availabl, e. (The Engineering Division states that there is an approved site plan of this parcel on file; however, if any deviation from this approved plan is to be made, a new plan showing these revisions must be submitted for review) . iTEM #4925 Appllca-~ion of the Ci%y of Virqin'ia Ueach to establish an ordinance to amend and reordMn the Haster Zoninff Ordinance of Princess /~nne C~unty. Virginia and the l~astm- Zonim~ 0rdinm,'~ce of the City of Vir~'~'~nia ga~?h (Lorouf~h of Virginia Beach) l:ne'.m as the "~.~etian(Is Zon-~n~ Ordinance". !~ore detailed ir, F0r?~ation is avaii,' .,,,~ ~..,~'v~c~ of :che Cte,-~ of ~')',~, Council, u~p.)u,.en, of City Planning and ~ayside Public L')brc, r.%. .. The Planning Con~ission recom~}e)!ds approval of this req~est as submitted. On motion by Councilman Gardner, seconded by Councilman }~Faterfield and by recorded vote as follows: Ayes- Councilmen John A. Bourn, Vice ~fayor F. Reid Erv~n, George R. Ferrell, Charles 1~~. Gardner, Clarence A. IIo]]and, D. ~urray ~'4albon, J. Curtis t-'ayne, Mayor Donald lt. Rhodes, an.d Floyd E. }Vate-rfield, Jr. Nays: Councilman Robert H. Ca]lis, Jr. Absent: CouncJl]uan Robert B. Cromwell, Jr. City CouncJ] npproved tl)e above appl.icatJon oF the C:ity of Virg:inia BO:~C}'t 1:O t~S t.,31 ~j S]l ;ti) ordi t](~llc(, to ~t)l~('II(] ~tllt.] 'FC'OZ'(:I;:t'j ~ the Zoning (')rd:inanc. e o[: l~rLnce,.;s A~ne (:~nly, V:ir?,inin ~t~d th,:: ~.~ sler , . .., Lbo)'(}~,,]~ ~>:~ ITEH #4926 On motion by Councilman Watcrfield, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Robert B. Cromwe]], Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rh. odes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an appropriation in the amount of $1,750 from Reserve for Contingencies to Tidewater Virginia Development Council for payment of dues covering the period July'l, 1972 to December 31, 1972. · ITEM #4927 On motion by Councilman Gardner, seconded by Councilm.~n Cromwell, and by recorded vote as follows: .Ayes: Councilmen John A. Baum, Robert H. Callis, Jr. Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J.!Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved, on second reading an appropriation in the amount of $418 for travel in the Office of the Commonwealth's Attorney with an offsetting adjustment to estimated revenues for the LEAA Grant Funds. ITEM #4928 On motion by Councilman Malbon, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen ,John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre]l, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None' Absent: None City Counci] approved on second reading a transfer of $13,000 from Code 10312-63].-2 to Code 10312-831 to cover the purchase of three refuse collection vehicles. · ITEM #4929 City Council took no action in the request of Mr. Robert D. Wilson for a waiver to the zoning moratorium to allow the Planning Commission to hear, on September 12th, the applicat.~on of Robert Wilson and Associates for a Chan~e of Zon~in& from CL-1 to R-M and a Use Permit to construc-t 472 ~-~:ile]'~ Apartm. enf-s and 45 Townheuses. l T E H # 4930 City Council deferred for one week the Resolution of Commendation to be presented to thc "Virginia 'Beach ~P:ile l)rivers" (COUNCILHAN F]~O¥I) I!. WATERFI]!I,I), .JR. I,EFT Till! COUNCIL (]HAI~IBERS) ITEM h49ol On motion by Councilman Garcmer, seconded by Councilman llolland, and by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert 1t. Callis, Jr., Robert B. Cromwell, ,Jr., Vice Hayor F. Reid Ervin, George R. Ferre11, Charles W. Gardner, Clarence A. tIolland, D. Murray Malbon, .J. Curtis Payne, and Mayor Donald I-I. Rhodes. Nays: None Absent': Councilman Floyd E. Waterfield, Jr. City Council accepted the proposal of Public Administration Services for a study of the revenue structure and the f~nancial planning of the City of Virginia. Beach as they relate to the development of the City and provision of municipal services; and further approved an appropriation in the amount of $16,000 as the maximum cost of services to be performed by PAS in the proposed Cost Benefit Study. ITEM #4932 [ City Council took no action on the request of Councilman' Call. is for a reconsideration of the application of Mrs. Sylvia Krug for a Use Permit to construct 40 apartment units of which 16 were approved on June 12, 1972, Item Numbe-r 4697. ITEM #4933 Mr. Bill Sanford, President of the Diamond Lakes Estates Civic League appeared before Council requesting they defer action on the "Pumping Station" for a period, of thirty (30) days. Council requested the Department of Community Services not to take any action in the matter of developing selvage facilities pending further investigation. ITEM #4934 Vice Mayor F. Reid Ervin initiated a discussion relative to the proposed.M2nicipal ASrport in Pungo Borough. No specific action was taken in order to allow all Councilmen ample time to consider the matter thoroughly. ITeM #4935 ., Due to the expense involved and the l~ck of knowledge regarding the performance of the "Eros]o_n Control Device", it was the overall consensus of the Council not to utilize the device. ITEM #49 36 On motion by Councilman Cromwell, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Robert B. Cromwell, Jr. ~ Vice Mayor F. Reid Ervin, George R. Ferrell, Charles Iq. Gardner, Clarence A. liolland, D. Murray Malbon, 3. Curtis Payne, and Mayor Donald ~t. Rhod. es. Nays: None Absent: Councilman Floyd. t2. Waterfield, .Jr. (7it>.' Council approved the following Resol ut :i on author.i_zing the issuance and sale o:I' $3,000,000 Public ln~provement. Bonds, Series of 1972, of the City of Vi'rgin'ia ]~each, Virg:inia' ,.. NOTICE OF SALE $16,000,000 CITY OF VIRGINIA BEACtt, VIRGINIA $9,000,000 School Bonds, Series o5 1972 A $4,000,000 Water and Sewer Bonds, Series of 1972 $3,000,000 Public Improvement Bonds, Series of 1972 Sealed bids will be received for the Counc$1 of the City of Virginia Beach, Virginia, until 11:00 a.m., EasternDaylight Time, on August 29, 1972, at the office of the Treasurer of Virginia, Room 101, Finance Building, Richmond, Virginia, for the p~rchase of all three issues of bonds of the City of Virginia Beach described herein, at which time the bids will be publicly opened. I The three issues are (1) $9,000,000 School Bonds, Series of 1972 A, (2) $4,000,000 Water and Sewer Bonds, Series of 1972~ and (3) $3,000,000 Public Improvement Bonds~ Series of 1972. The bonds will be dated September 1, 1972, and will mature without option of prior redemption on September 1 in years and amounts as follows: School. Water and Year Bonds Sewer Bonds Public Improve- ment: Bonds Total of Ali_ Three Issues 1973 $ 110,000 $ 50,000 $ 40,000 $ 200,000 1974 110,000 50,000 40,000 200,000 1975 110,000 50,000 40,000 200,000 1976 110,000 50,000 40,000 200,000 1977 110,000 50,000 4.0,000 200,000 1978 110,000 50,000 40,000 200,000 1979 165,000 75,000 .60,000 300,000 1980 165,000 75,000 60,000 300,000 198]. 165,000 75,000 60,000 300,000 1982 275,000 125,000 100,000 500,000 1983 410,000 190,000 150,000 750,000 1984 410,000 ]_90,000 150,000 750,000 1985 4]_0,000 190,000 150,000 750,000 1986 690,000 310,000 250,000 1,250,000 1987 690,000 3]_0,000 250,000 1,250,000 ].988 690,000 310,000 250,000 1,250,000 1989 960,000 ~40,000 350,000 1~,750~000 1_990 960,000 4/~0,000 350,000 1,750,000 199]. 960,000 Z~40,000 350,000 3_,750,000 1992 ].,390,000 530,000 230,000 2,150,000 l):~yat)]o sem:i:~nuua'tly M;~rcl~ ] and. Scptem!~cr 1 and both p:r:ine:ipa! and in~te'r'c, st: ;vi. II t'~:. i~,nyal~]c, ~t: l:l'~e lU::[.~ci~:'~]. (~ff:ic, e of FSrst & Xlcrchants bonds of each issue. No bid for less than all of the bonds of all three issues be considered. Bidders are invited to name the rate or rates of interest which the bonds are to bear, not exceeding 6% per year, multiples of 1/8 or 1/10 of ]_%. No bid may name more than three any of which may be repeated, and the highest rate may nor exceed lowest rate by more than 2%. Ali bonds of all three issues maturi~'i on the same date must bear interest at [-he same rate and interest be represented by only one coupon for each interest payment date. bid for ].ess than par and accrued interest will be considered. right ho reject any or all bids and to waive irregularities in any is hereby reserved. Un]ess all bids are rejected, the bonds of a!! three issues wi]_], be awarded to the bidder whose proposal results the lowest cost to the City, such cost to be determined by deducti~; the total amount of any premium bid from t]~e aggregate amount of upon all of the bonds until their respective maturities. The pre:~ h~:~ if any, must be paid in funds as part of the purchase price and allocated to each issue in the p~:oportion which the amount of such bears to the total of all three issues. Each proposal should be enclosed in a sealed envelope, ,, on the outside "Bid for City of Virginia Beach Bonds, should be addressed to. the Council of the City of Virginia Beach, Virginia~ the Office of the Treasurer of Virginia~ and must be accompanied certified or cashier's check for $320,000 drawn upon an incorporat~d bank or trust company and payable unconditionally to the order of City of Virginia Beach, Virginia, to secure the City against any resulting frets the fai].ure of the bidde~: to comply with the terms his proposal. The check of the successful bidder will be deposite.J. and c~:edited on the purchase price 'and no interest will be allowed thereon. The proceeds of the check will be retained by the City liquidated damages in case the bidder fills to accept delivery of pay for the bonds. Checks of unsuccessful bidders will be returned promptly upon award of the bonds. The bonds will be delivered at Richmond, Virginia, or, at option of the purchaser, .at New York, New York, at the e×pense of City, about Se, ptember 28, 1972. The unqualified opinion of Hassrs. Nunton, Williams, Ga Gibson of Richmond, Virginia, will be furnished to the successfui without charge, will be printed on t-he back of the bonds and wi].! that the bonds constitute valid and legally binding obligations City and that the City is authorized .and required by law to ].e'vy valorem taxes, without limitation as to rate or amount, on all property in the City to pay the principal of and interest: on the At the request of the suc.c.e ful b:Lcc~er such firm wi].l also rum:i:: supplc'.n:ent:al ' -' , ~"f'~ opXn_L(,n t:o tl~e u:i:.:c, ct that they have taken into accek ] :; [:isa ?.i on rc~c'c,n~:J.y :[t:st~zut'e,d in certain ~:~ .... res, ,_ ., z ....s ppi .7in~, funds [for pub-., i('. purl~O~ o~; ::~ud l:l~at such l:[.t:i~ . ' ' -~-' ': w:['l] ;]1.,,, l)c,. ' - · to their knowledge, threatened to restrain or enjoin thc issuance or delivery of the bonds or the levy and collection of taxes to pay prin- cipal and interest, or in any manner questioning the ~ proceedings and authority under which the bonds are issued. The City Council will be in session at 11:00 a.m. on the date of the sale for thc purpose of taking prompt action on the bids. Bidders are requested to use the bid form which, together with financial information for bi,lc!ers, may be obtained from Wheat, First Securities, Inc., 801 East Main Street, Richmond, Virginia 23219. CITY OF VIRGINI. A BEACH, VIRGINIA By' Roger M. Scott City Manager ITEM #4937 On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. B~um, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald t~. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. ~ty Council approved the following Resolution authorizing the issuance and sale of $4,000,000 Water and Sewer Bonds, Series of 1972, of the City of Virginia Beach, Virginia: At a regular meeting of the Council of the City of Virginia Beach, Virginia, held on the ~ day of August, 1972, PRESENT: Com~cilman John A. Baum Cotmciln~an Robert H. Callis, Jr. Councilman Robert B. Cronwell, Jr. Vice ~.~yor F. I~id Fmmrin Councilman C~orge R. Ferrell Councilman Charles W. Gardner Com~cilman Clarence A. Holland Co~mciln~n D. ~rray M2mlbon Councilman J. Curhis Payne Mayor Donald H. Rhodes ABSENT: Councilman Floyd E.~ Waterfield, Jr. the following resolution was adopted by a majority of all members of the Council by a roll call vote, the ayes and nays being recorded in the minutes of the meet±rig as shown below: MEMBER Councilman John A. Ba~n Aye Councilman Robert H. Callis, Jr. Aye Co~nciln~n Robert B. Cr~m~el]., Jr. Aye Vice Mayor F. Reid Ervin Aye Oo~mci]~nn C~orge R. Ferrell Aye Councilman Charles W. Gardener Ave Councilman Clarencm A. Holland Aye Councilman D. Murray ~lbon Aye CounciLman J. Curtis Payne Aye Mayor Donald H. Phodes Aye ABSENT: Councilman Floyd E. Waterfield, Jr. VOTE P~]SOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $4,000,000 WATER AND SEIZER BONDS, SERIES OF 1972, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS Ak~ PAI~4ENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The issuance of water and sewer bonds of the City of Virginia Beach, Virginia, in the amount of $4,000,000 having been authorized by an ordinance adopted by the Council of the City of Virginia Beach on August 7, 1.972, to provide funds for improving and extending its water transmission and distribution system and sewer collection system and to refund $2,000,000 Water and Sewer Bonds due November l, 1972, all of such bonds are hereby authorized to be sold. 2. The bonds shall be coupon bonds without privilege of regis- tration, shall be designated ~Water and Sewer Bonds, Series of 1972,~ shall be dated September 1, 1972, shall be of the denomination of $5,000 each, shall be numbered from 1 to 800, inclusive, and ~shall mature in numerical order in installments of $50,000 on September 1 in each of the years 1973 to 1978, inclusive; $75,000 on September 1 in each of the years 1979 to 1981, inclusive; $125,000 on September 1, 1982; $190,000 on September 1 in each of the years 1983 to 1985, inclusive; $310,000 on September 1 in each of the years 1986 to 1988, inclusive; $440,000 on September 1 in each of the years 1989 to 1991, inclusive; and $530,000 on September 1, 1992, without option of prior redemption. The bonds shall bear interest at such rate or rates not to exceed 6% per year as determined at the time of sale, payabl~ semiannually o~ March 1 and September 1. Both principal and interest shall be payable at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. 3. The bonds shall be signed By the facsimile signature of the Mayor of the City of Virginia Beach, shall be countersigned by the Clerk of the City and a facsimile of its seal shall be printed on the bonds. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and Clerk. 4. The bonds ~nd coupons shall be in substantially the following form: (FOi~ OF BOND) No o UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer Bond~ Series of 1972 $5,000 The City of Virginia Beach, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on September 1, 19__, and to pay interest thereon from the-date hereof to maturity at the rate of __ per cent (. %) per year, payable semiannually on March 1 and September 1 upon presentation and surrender of the attached coupons as they become due. Both principaI of and interest on this bond are payable in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. This bond is one of an issue of $4,000,000 Water and Sewer Bonds, Series of 1972, .~f like date and tenor, except as to number, rate of interest and maturity, authorized by an ordinance duly adopted by the Council of the City of Virginia Beach on August 7, 1972, and · is issued pursuant to the Constitution and statutes of the Commonwealth '- of Virginia, including the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly of ].962, as amended) and the Public Finance Act, as amended, to provide funds for improving and extending its water transmission and distribution system, and scwe~.~ r collection system and to refund $2,000,000 Water and Sewer Bonds, Series of 1967. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City of Virginia Beach, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached interest coupons to be authenticated by the fac- simile signatures of its Mayor and Clerk, and this bond to be dated. September 1, 1972. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia (SEAL) Mayor, City of Virginia Beach, Virginia. (FORM OF COUPON) No. $ March On September 1, 19 , the City of Virginia Beach, Virginia., will pay to bearer the amount sho~n~ hereon in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder, being the semiannual interest then due on its Water and Sewer Bond, Series of 1972, dated September 1, 1972, and numbered . Clerk, City of Virginia Beach, Virginia. ~'Mayor, City of Virginia Beach, Virginia 5. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on the bonds. There shall be levied and collected annually on all locally taxable property in the City an a~ valorem tax over and above all other taxes authorized or limited by law sufficient to pay s~ich principal and interest as the same respectiVely become due and payable, i 6. The bonds shall be sold together with $9 000,000 School Bonds, Series of 1972 A, and $3,000,000 Public ImproVement Bonds, Series of 1972, as a combined issue of $16,000,000 bonds. The City Manager is hereby authorized and directed to advertise the bonds for sale substantially in accordance with the attached Notice of Sale. The City Manager, in collaboration with Wheat, First Securities, Inc., the City's financial advisor, may make such changes in the Notice of Sale not inconsistent with the provisions of this resolution as they may determine to be in the best interests of the City. 7. After the bids have been received and the bonds awarded, the Mayor, City Manager and Clerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchaser thereof upon payment therefor. 8. The proceeds from the sale of the bonds shall not be invested in securities or obligations which may be reasonably expected to produce a yield which is materially higher than the yield on the bonds if such investment would cause the bonds to be classified ss arbitrage bonds under Section 103(d) of the Internal Revenue Code of 1954, as amended, and regulations adopted pursuant thereto· 9. The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach, and within ten days thereafter to cause to be published once in a newspaper having general circulation in the City of Virginia Beach a notice setting forth (1) in-brief and general terms the purposes for which the bonds are to be issued and (2) the amount of s~ch bonds and the amount for each purpose. 10. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held August ~%, 1972, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand and the seal of the City of Virginia Beach, Virginia, this /~l~day of August~ 1972. (SEAL ) Clerk, City of Virginia Beach, Virginia NOTICE OF SALE $]_6,000,000 CITY OF VIRGINIA BEACH, VIRGINIA $9,000,000 School Bonds, Series of 1972 A $4,000,000 Water and Se~,~er Bonds, Series of 1972 $3,000,000 Public Improven~ent Bonds, Series of 1.972 Sealed bids will be received for the Council of the City of Virginia Beach, Virginia, until. 11:00 a.m., Eastern Daylight Time, on August 29, ].972, at the office of the Treasurer of Vir~ginia, Room 101, Finance Building, Richmond: V:Lrginia, for the purchase of all three issues of bonds of the City of Virginia Beach described herein, at which time the bids will be publicly opened. The three issues are (1) $9,000,000 School Bonds, Series of 1972 A, (2) $4,000,000 Water and Sewer Bone]s, Series of 1972, and (3) $3,000,000 Public Improvement Bonds, Series of 1972. The bonds will be dated September 1, 1972, and will mature without option of prior redemption on September 1 in years and amounts as follows: School Water and Year Bonds Sewer Bonds Public Improve- ment Bonds Total of Ail Three Issues 1973 $ 110,000 $' 50,000 $ 40,000 $ 200,000 1974 110,000 50,000 40,000 200,000 1975 110,000 50,000 40,000 200~00Q 1976 110,000 50,000 40,000 200,000 1977 110,000 50,000 40,000 2~0,000 1978 110,000 50,000 40,000 200,000 1979 165,000 75,000 60,000 300,000 ]_980 165,000 75,000 60,000 300,000 1981 165,000 75,000 60,000 300,000 1982 275,000 125,000 100,000 500,000 1983 410,000 190,000 150,000 750,000 1984 4t0~000 190,000 150,000 750,000 1985 410,000 190,000 150,000 750,000 1986 690.,000 ~310,000 250,000 1,250,000 1987 690,000 310,000 .. 250,000 1,250,000 1988 690,000 31.0,000 250,000 1,250,000 1989 960,000 440,000 350,000 1,750~000 1990 960,000 440,000 350, 000 1,750,000 · 1991 960,000 440,000 350~000 1,750~ 000 1992 1,390,000 530,000 230,000 2,]_50,000 The bonds w:lll 1>c bo in coupon fo~;m u~:i. thout bonds of each issue. No bid for less than all of the bonds of all three issues will be considered. Bidders are invited to name the rate or rates of interest which the bonds are to bear, not exceeding 6% per year, in multiples of 1/8 or 1/10 of 1%. No bid may name more than three rates, any of-which may be repeated, and the highest ra.te may not exceed the lowest rate by more than 2%. All bonds of ali. three issues maturing on the same date must bear interest at the same rate and interest shall be represented by only one coupon fo~: each interest payment date. No bid for less than par and accrued interest will be considered. The right to reject any or all bids and to waive irregularities in any bid is hereby reserved. Unless all bids are rejected, th.e bonds of all three issues will be awarded to the bidder whose proplosal results in the lowest cost to the City, such cost to be determined by deducting the total amount of any premium bid from the.aggregat~e amount of interest upon all of the bonds until their respective maturiti!es.. The premium, if any, must be paid in funds as part of the purchase price and will be allocated to each issue in the proportion which the amount of such issue bears to the total of all three issues, Each proposal should be enclosed in a sealed envelope, marked on the outside "Bid for City of Virgi~ia Beach Bonds," should be addressed to. the Council of the City of Virginia Beach, Virginia, c/o the Office of the Treasurer of Virginia, and must be accompanied by a certified or cashier's check fo~; $320,000 drawn upon an incorporated bank or trust company and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any' loss resulting ~rom the failure of the bidder to comply with the terms of his proposal. The check of the successful bidder will be deposited and credited on the purchase price and no interest will be allowed thereon. The proceeds of the check will be retained by the City as liquidated damages in case the bidder fails to accept delivery of and pay for the bonds. Checks of unsuccessful bidders will be returned promptly upon award of the bonds. The bonds will be delivered at Richmond, Virginia, or, at the option of t~e purchaser, at New York, New York, at the expense of the City, about September 28, 1972. The unqualified opinion of Messrs. H~nton, Williams, Gay & Gibson of Richmond, Virginia, will be furnished to the successful bidder Without charge, will be printed on the back of th.e bonds and will state that the bonds con. stitute w'~]id axed legally binding obligations of the City and that the City is authorized and required by law to levy ad valorem taxes, without limitation as to rate or amount, on all taxable property ~n the City t:o pay the p~rincipal of and interest on the bonds. At the request of the successfol bidde:c such firm will. also furnish a sut~plemcntal opinion to the e[:J~ect th~-~t t:}loy l~tve taken into account e to their know]edge, threatened to restrain or enjoin the issuance or delivery of the bonds o~ the levy and collection of taxes to pay prin- cipal and interest, or in any manner questioning the proceedings and authority under which thc bonds are issued. The City Council will be in session at 11:00 a.m. on the date of the sale for the purpose of taking prompt action on the bids. Bidders are requested to use the bid form which, together with financial information for bidders, may be obtained from Wheat, First Securities, Inc., 801 East Main St~eet, Richmond, Virginia 23219. CITY OF VIRGINIA 1EACH,~ VIRGINIA By: Roger M. Sco~t City Manager IT]:~]~,I #4937 (a) City Council unanimously approved the following names t:o the Norweigian Lady Committee: Councilman Charles W. Gardner Councilman Robert H. Callis, ,Ir. Mr. T]~omas Baptiste Mr. Rolf Williams ITEM ~4938 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert t[. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: 'N°ne Absent: Councilman Floyd E. Waterfi. eld, Jr. City Council approved thc following Resolution authorizing the issuance · and sale of $9,000,000 School Bonds, Ser~es 1972 A, of the City of Virginia Beach, Virginia: At a regular meeting of the Council of the City of Virginia ..,/~ Beach, Virginia., held on the~h day of August, 1972, PRESENT: Counci]~n John A. Baum Councilman Robert H. Callis, Jr. Councilman Robert B. Cromwell, Jr. Vice. Mayor F. Reid Ervin Councilman George Ro Ferrell Councilman Charles W. Gardner Councilrm~n Clarence A. Holland Councilm-nn D. M~r~y Malbon Counciln~nn J. Curtis Payne Mayor Donald H. Pdaodes ABSENT: Councilman Floyd E. Waterfield, Jr. the following resolution was adopted by a majority of all members of the Council by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below:' MEMBER Councilman John A. Baum Aye Councilman Robert H. Callis, Jr. Aye Councilman Robert B. Cro~ell, Jr. Aye Vice Mayor F. Reid Ervin Aye Councilman- George R. Ferrell Aye Counci]~m3n Charles W. Gardner Aye Councilman Clarence A. Holland Aye Councilman D. Murray M~lbc~ Aye Councilman J. Curtis Payne Aye Mayor Donald H. Rhodes Aye ABSFiWT: Councilman Floyd E. Waterfield, Jr. VOTE RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $9,000,000 SCHOOL BONDS, SERIES OF 1972 A, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED~ AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ~ 1. The issuance of school.bonds of the City of Virginia Beach, Virginia, in the amount of $12,600,000 having been approved at an election held in the City of Virginia Beach on ~February 8, 1972, and none of such bonds having been sold., there are hereby authorized to be sold $9,000,000 bonds of such authorized amount. 2o The bonds shall be coupon bonds without privilege of regis- tratio~, shall be designated ~'School Bonds, Series of 1972 A,~' shall be dated September 1, 1972, shall be of the denomination of $5,000 each, 'shall be numbered from 1 to 1,800, inclusive, and shall mature in numerical order in installments of $110,000 on September 1 in each of the years 1973 to 1978, inclusive; $165,000 on September 1 in each of the years ~79 to 1981, inclusive; $275,000 on Sep.tember 1, 1982; $410,000 on September 1 in each of the years 1983 to 1985, inclusive; $690,000 on September 1 in each of the years 1986 to 1988, inclusive; $960,000 on September 1 in each of the years 1989 to 1991, inclusive; and $1,390,000 on September 1, 1992, without option of prior redemption. The bonds shall bear interest at such rate or rates not to exceed 6% per year as determined at the time of sale, payable semiannually on March 1 and September 1. Both principal and interest shall be payable at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. 3. The bonds shall be signed by the facsimile signature of the Mayor of the City of Virginia Beacl~., shall be countersigned by the Clerk of the City and a facsimile of its seal shall be printed on the bonds. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and Clerk. 4. The bonds and coupons shall be in substantially the following form: be payable at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. 3. The bonds shall be signed by the facsimile signature of the Mayor of the City of Virginia Beach, shall be countersigned by the Clerk of th~ City and a facsimile of its sea]. shall be printed on the bonds. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and Clerk. 4. The bonds and coupons shall be in substantially the following form: (FOP~ OF BOND) No. $5,000 UNITED STATES OF Ab~RICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Public Improvement Bond, Series of 1972 The City of Virginia Beach, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on September 1, 19 , and to pay interest thereon from the date hereof to maturity at the .rate of per cent ( %) per year, payabIe semiannually on March 1 and September 1 upon presentation and surrender of the attached coupons as t. hey Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, to provide funds to finance, together With other available funds, the cost of constructing, improving and equipping school buildings and related facilities and sites there, for. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of princiPal of and interest on this bond. All acts, conditions and things required by ~he Constitution and statutes of the Commonwealth of Virginia to happ&n, iexist~ or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City of Virginia Beach, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached interest coupons.to be authenticated by the fac- simile signatures of its Mayor and Clerk, and this bond to be dated September 1, 1972. COUNTERSIGNED: Clerk, City of Virginia Beach~ Virginia (SEAL) Mayor, City of Virginia Beach, Virginia (FORM OF COUPON) No. $ March On September 1, 19 . .., the City of Virginia Beach, Virginia, will pay to bearer the amount shown hereon in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder, being the semiannual interest then due on its School Bond, Series of 1972 A, dated September 1, 1972, and numbered . Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia 5. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on the bonds. There shall be levied and collected annually On all locally taxable property in the City an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable· 6. The bonds shall be sold together with $4,000,000 Water and Sewer Bonds, Series of 1972, and $3,000,000 Public Improvement Bonds, Series of 1972, as a combined issue of $16,000,000 bonds. The City Manager is hereby authorized and directed to advertise the bonds for sale substantially in accordance with the Notice of Sale attached to the resolution authorizing the issuance of $4,000,000 Water and Sewer Bonds, Series of 1972, also adopted on this date. The City Manager, in collaboration with Wheat, First Securities, Inc., the City's finan- cial advisor, may make such changes in the Notice of Sale not incon- sistent with the provisions of this resolution as they may determine to be in the best interests of the City. 7. After the bids have been received and the bonds awarded, the Mayor, City Manager and~lerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and tO deliver the bonds to the purchaser thereof upon payment therefor. 8. The proceeds from the sale of the bonds shall not be invested in'securities or obligations which may be reasonably expected to produce a yield which is materially higher than the yieId on the bonds if such investment would ca~se the bonds to be classified as arbitrage bonds under Section 103(d) of the Internal Revenue Code of 1954, as amended, and regulations adopted pursuant thereto. 9. The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach. 10. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular .meeting of the Council of the City of Virginia Beach held August-7~, 1972, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my ~and and the seal of the City of Virginia Beach, Virginia, this'~ ~'~"!~day of August, 1972· (SEAL) 1Tt".M i/4959 On motion by Councilman Itol] and, seconded by' Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baron, Robert 1t. Callis, Jr[., Robert B. Cromwell, Jr., Vice blayor F. Reid Err:in, George P,. Ferre]l, Charl. es l~ Gardner, Clarenco A. Holland, D. Murray Malbon, J:. Curtis Payne, and blayor Donald Il. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council appro,~ed the following applications for tax refunds in the amount of $1,412.42: fir. Date Bi. resort C£ty Atto:ney '~ Date Au~z~u ~ 1972 FROI'I: tlr. V. A. Ethertdge~ 'j.'rcasurer Tax Re£unds: _~3JECT: ¢~!~ .... ~ .....pp~t!er.s for refund of t ....... totaling certified for payment, as sec forth oc~.o~,: ~ame Crgasy, Frank Crockford, Jon Le, Fugh, Lawrence E. GS---ord, Lee-A. -' Gi ....ord,'Lee A. T~x Year 72 72 72 70 71 72 72 72 Sedel,. Norman G. Shrieves, Gerald Stout, Hazel L. ~" Tax ' t~vo>or- Type '~ 'Ticket 3tion )f Ta Number No. CD 366'26 ' pP' 1.51.3'9 7493 pp 2.331.2 74'98 · RE 17923 823. 1/2 2/2 t~E 18317 821 1/2 2/2- ~ CD 35864 PP 59357 7501 CD 9772 Date Pa id 07-21-72 05 -23-72 05-23~72 06-10-70 ~ '0 12-0.~- 7 · 06-08 -71 1.2-06-72 05-!2~72 05 -24 -72 07-27 -72 1,412.42 V. A. Etheridge: Traaaurar '5. O0 .~'.20 23.10 ~62.06 662.08 10.00 40.98 5:00 alty est T-'" 5.C 4.2 23.1 662 .f 662.( 10.( 40.~ 5.( At a regular meeting of the Council of the City of Virginia Beach, Virginia, held on the ~ day of August, 1972, PRESENT: Councilman John A. Baum Co%mcilman Pobert H. Ca!lis, Jr. Councilman Robert B. Cron~'ell, Jr. Vice ~yor F. P~id Ervin Councilman C~orge R. Ferrell Councilman Charles W. G&rdner Councilman Clarence A. Eolland Councilman D. ~vk~./-ray ~lbon Co%~cilman J. Curtis Pay-ne M~yor Donald H. Rhodes ABSENT: Councilman Floyd E. Waterfield, Jr. the following resolution was adopted by a majority of ali. members of the Council by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: ~fEMBER Councilman John A. Baum Councilman P©bert H. Callis, Jr. Councilman Robert B. Cron%~ll, Jr. Vice b~yor F. Reid Ervin Councilman George R. Ferrell Councilman Charles W. Gardner Counci~nan Clarence A. Holland Councilman D. Murray Malbon Councilman J. Curtis Payne Mayor Donald H. Rhodes ABSENT: Coundilman Floyd E. Waterfield, Jr. VOTE Aye Aye Aye Aye Aye Aye Aye Aye ~ Aye Aye RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $3,000,000 PUBLIC IMPROVEMENT BONDS, SERIES OF 1972, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HEPd~TOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Tbe issuance of public improvement bonds of the City of Virginia Beach, Virginia, in the amount of $3,000,000 having been authorized by an ordinance adopted by the Council of the City of Virginia Beach on August 7, 1.972, to prow[de funds, together with other funds that may be available, for the following purposes: Planning, construction, site improve- ments and equipping of municipal buildings, including public safety building, courts building, central garage, welding and body shop, fire stations, animal control building and storage building $ 877,000 Complete reclamation of landfill for recreation purposes~and construction of improvements thereon Bulkheading south of existing board- walk along oceanfront Comprehensive mapping program, including aerial photography, engineering and drawing work 105,000 75',000 160,000 Improve and extend streets and highways ~783,000 $3,000,000 all of such bonds are hereby authorized to be sold. 2. The bonds shall be coupon bonds without privilege of *-,~=~ ~' tration, shall be designated "Public Improvement Bonds, Series of 't ?/2, ,.r--~ ~11 shall be dated September 1, 1972, shall be of the denomination of $5,000 each, shall be numbered from 1 'to 600, inclusive, and shall mature in numerical order in installments of $40,000 on Septembez- each of the years 1973 to 1978, inclusive; $60,000 on September each of the years 1979 to 1981, inclusive; $100,000 on September 1982; $150,000 on September 1 in each of the years 1983 to 1985, sive; $250,000 on September 1 in each of the years 1986 to 1985, sive; $350,000 on September 1 in each of the years 1989 to 1991~ sive; and $230,000 on September 1, 1992, without option of prio;; redemption. 2'he bonds shall bear interest at such rate or ratc~ to exceed 6% per year as determined at~.the time of sale, payab.i~,. annually on March 1 and Septcmber 1. Both principal and 'n (FOPd~i OF BOND) No. $5,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEAClt School Bond.~ Series of 1972 A The City of Virginia Beach, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on September 1, 19__, and to pay interest thereon from the date hereof to matur~.ty at the rate of ~ per cent (. %) per year, payable semiannually on March 1 and September 1 upon presentation and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawf£~l money of the United States of America at the prin- cipal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. This bond is one of an issue of $9,000,000 School Bonds, Series of 1972 A, of like date and tenor, except as to number, rate of interest and maturity, authorized at an election duly called and held in the City of Virginia Beach on Februa].~y 8, 1972, and is issued pur- suant to the Constitution and statutes of the Commonwealth of Virginia, including the Chaunter of the City of Virginia Beach (Chapter 147, become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. This bond is one of an issue of $3,000,000 Public Improvement Bonds, Series of 1972, of like date and tenor, except as to number, rate of interest and maturity, authorized by an ordinance duly adopted by the Council of the City of Virginia Beach on August 7, 1972, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, to provide funds, together with other funds that may be available, for constructing and improving various public facilities and improvements. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required~by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and 'i'~ the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together wiFh all other indebtedness of the City of Virginia Beach, is within every debt and otber'limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WIT~SS ~R~EP~OF, the City of Virginia Beach, Virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be conntersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached interest coupons to be authenticated by the facsimile signatures of its Mayor and Clerk, and this bond to be dated September 1, 1972. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia (SEA'L) Mayor, City of Virginia Beach, Virginia (FORM OF COUPON) No. $ March On September 1,' 19 , the City of Virginia Beach, Virginia, will pay to bearer the amount shown hereon in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder, being the semiannual interest then due on its Public Improvement Bond, Series of 1972, dated September 1, 1972, and numbered ~ . Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia 5. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the pa~nent of principal of and interest on the bonds. There shall be levied and collected annually on all locally taxable property in the City an a~ valorem tax over and above all other taxes authorized or limited by law sufficient to pay s~ch principal and interest as the same respectiVely become due and payable. 1 shall be sold together with $91000,000 School 6. The bonds Bonds, Series of 1972 A, and $4~000,000 Water and Sewer 'Bonds, Series of 1972, as a combined issue of $16,000,000 bonds. The City Manager is hereby authorized and directed to advertise the bonds for~sale sub- stantially in accordance with the Notice of Sale attached to the reso- lution authorizing the issuance of $4,000,000 Water and Se~er Bonds, Series of 1972,~ also adopted on this date. The~City Manager, in collaboration with Wheat, First Securities, Inc., the City's financial advisor, may make such changes in the Notice of Sale not inconsistent with the provisions of this resolution as they may determine to be in the best interests of the City. 7. After the bids have been received and the bonds awarded, the Mayor, City Manager and Clerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchaser thereof upon payment therefor. 8. The proceeds from the sale of the bonds shall not be invested in securities or obligations which may be reasonably expected to produce a yield which is materially higher tha~ the yield on the bonds if such investment would cause the bonds to be classified as arbit !~e bonds under Section 103(d) of the Internal Reven~e Code of 1954~ as amended~ and regulations adopted pursuant thereto. e 9. The Clerk is hereby authorized and directed to see to the i~nediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach, and within ten days thereafter to cause to be published once in a newspaper having general circulation in the City of Virginia Beach a notice setting forth (1) in brief and general terms the purposes for which the bonds are to be issued and (2) the amount of such bonds and the amount for each purpose. 10. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held August ~ 1972, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand and the seal of the City of Virginia Beach, ' ~"~'da- Virginia, this /I!-~~, y of August, 1972. ;,. ? ~ , t' ~-.' -' Clerk, City of V. irginia Beach, Virginia :.? (SEAn) I T EH ,~i~ 4 9 4. 0 On mo'lion by Cou~'~cilma~ Cromwell, seconded by' Coun. cilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert II. Callis, Jr., Robert B. Cromwell, Jr., Vice Hayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Hurray Halbon, J. Curtis Payn. e, and Mayor Donald H. Rhodes. Nays: None · Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Ordinance to appoint Viewers relative to closing a service access road in Woods of Avalon in Kempsville Borough: ORDINANCE APPOINTING VIEWERS WliEREAS, the Raco Construction Corporation, has givien due and proper notice, in accordance with the statutes for such cases made and provided, that it would on this day apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, if any, what inconvenience would result from the discontinuance of the hereinafter described portion of "Service Access Roa~", located in the Kempsville Borough of the City of Virginia Beach, Virginia, and such application has been duly filed with the said Council. NOW, THEREFORE, BE I'f ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,-VIRGINIA: That, are hereby appointed to view the below described property and report in writing to the Council on or befor~ whether, in their opinion, any, and if any~ what inconvenience would result from the discontinuance, closure, and vacation of that certain "Service Access Road", located in the Borough of Kempsville, City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT CERTAIN portion of that certain public right of way entitled, 'lService Access Road" as appears on tile plat of Sect i ()n -[we (2), Woods et: Avalon~ which plat is duly recorded in the Clerk's Office of the Circuit Court Of the City of Virgi~lia Beacil, Virf~inia, in Hap Book 7It, at page 23, and being more partictl]~ll'l¥ dcscFibecl as "PARCEL B.-,l" on tidal certairl pliy~ical uuFvey enLit:led, "PtlYSICAI. SUI~VEY OF PARCEL B-l, SFC-I'IOIq TWO, WOODS OF AVAI..OF~, I'(EHPSVII. LE V IP, GINI A ISEA(:H, VII~GINIA, FOR RACe CONST[~UCTI SCAI.E 1" :: 20' [:~AI.!)WIH .h~lD GREGG, E!~G;II4~EI~S, SU[~VEYU?,S, ,. '" ......... i'l./d';~'~' F'.S, lie ~l ~.,I.K" PORI atLac:lied h~'l'c~t.o. ]TEb'i #494~? Mayor Donal. d H. Rhodes indicated it was his intention to call a Special Meeting of. the City Council of the City of Virgin-ia Beach, Virginia, at ll:00 a.m., on Tuesday, August 29, 1972, in the City Council Chambers, Municipal Center, Princess Anne Station, Virginia Beach, V~rginia. The purpose of this meeti, ng is to receive bids on proposed bond issues of the City of Virginia Beach. ITEM #4942 Mayor Donald H. Rhodes indicated it was his intention to call a Special Meeting of the City Council of the City of Virginia Beach, Virginia, at 9:00 a.m., on Friday, September 1, 1972, in the City Council Chambers, Municipal Center, Princess Anne Station, Virginia Beach, Virginia. The purpose of this meeting is to comply with the requirements of the Bond Attorneys, who require that the Mayor for the City shall be elected effective September 1, 1972, in that the bonds issued by the City will carry a facsimile of the new Mayor's sign. ature. Furthermore the City Council, as required by the City Code, will elect a permanent Vice Mayor. ITEM #4943 , At the close of business on June 30, 1972, the City had outstanding purchase orders totaling $466,386.00. This represents purchases which had been contracted for but for which Bills had not yet been received at the close of the fiscal year. On motion by Councilman Cromwell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. CaJlis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland~ D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the reappropriation of th~ unexpended budgetary balances from the Fiscal Year 1972 as follows: General Fund Water and Sewer Fund Date Processing Working Capital Fund Virginia Beach Special Revenue Fund Total appropriation $425,040.00 40,507.00 650.00 189.00 $466,386.00 ITEM #4.94-4 On motion by Councilman Cromwell, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre]l, Charles W. Gardner, Clarence A. I~olland, D. Murray Malbon, J. Curtis Payne, and Mayor ])onald tt. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved a~ appropriation in the amount of $2,200 from the Reserve for Contingencies to purchase from Hr. John ll~. Nelson the of way for the curve at SSth Street and. tlolly Avenue, which present2, y encroaches on Mr. Nelson's priv~te property. ITEM #4945 On motion by Councilman tlol. land, seconded by Council. man Callis, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, J'r., Robert B. Cromwell, Jr., Vice Mayor F. Reid ErvSn, George R. Ferrell, Charles W. Gardner, Clarence A. tIolland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald II. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved an appropriation in the amount of $52,456 for the low bid of Van de Riet Construction Company for the Boulevard Manor sewage pumping station. ITEM #4946 On motion by Councilman Cromwell, seconded by Councilman Holland, and. by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, 1). Murray Malbon, J. Curtis Payne, and Mayor Donald ti. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved an appropriation in the amount of $288,360.50 for the low bid of Stewart Construction Company for the Boulevard Manor gravity sewer system. ITEM #4947 On motion by Councilman Gardner, second6d by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin,. George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. Cit3~ Council approved a temp~.~-ary' route and fare change to accomodate transportation needs of the ]iast Coast Surfing Contest. ITEM #4948. On motion by Counci]man tlolland, seconded by Council. man Gardne.r, and by recorded vote as follows: ' Ayes: Councilmen John. A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Itol]and, D. Murray Halbon, J. Curtis Payne, and Mayor Donald It. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. Ci. ty' Council approved an appropriation 5n the amount of $64,000 to purchase from blotorola Company a pump station radio a]a.r~a s?stem. ITEM #4949 On motion by Councilman Gardner, seconded by Vice Mayor El?viii, and by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert 1t. Callis, Jr., Robert B Cromwell, Jr., VSce Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and biayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved a contribution to the Drug Focus Committee in the amount of $350.00 to cover certain clerical expenses necessary for their continued operation. This contribution is funded as a "contribution to the Drug Focus Committee", in budget Account #1010-521, and is subject to year end audit. ITEM #4950 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Resolution for the City of Norfolk to make connections and to furnish water through a proposed water system, located at Cedar Hill, Phase II, Kempsville Borough: resolution requestin~ the City of Norfolk to n,ake connections and to fucnish w~-ter t!lrough a. proposed water system, ]ocal:ed at Cedar f-Jill in the Git}, of Virginia }3each, further described below. Where. as, it is proposed by thc City of Virgirda Bench, ¥irgJnia, at the request of the V;altmar Corporation, to e×tend proposed water n-~ains in accordance with 'zhe exist~,~ro contract L e,.x.;een the City of \;i:'v'i~'Aa. 13each and City of Norfolk, in Cedar Hill, ]:)b. ase I~, iii the streets lis[ed as f©ltows: N:-~rne of Street Parkland I~ane Zinia Court St r ickl;,nd Blvd. Strickl>ud Blvd. Aspen Drive A~:llen IDrive Aspen Circle ~(;.i-en ia Cour~ 'oocl~tlff Circle _.',a rigold Circle Ilearth Court Hc~:t ri.h I') r ive Ileav~h C~rcle I,~r~eat Feet Nunaber of H~/dr~nts 4" 182 10" 795 6" 1014 10" 758 6" 698 4" 257 4~' 178 102 6" 375 6" 46 4" 4.85 NOW, Tttt:i;RI~,FO,,N, }iF_; IT RESOI~Vli2t) that the Cit}~ of Norfolk present mains of said (]iti~ at the said designai]on, and upon .conM)letlon of in. starlation of ~he propo:3ed ~'nains, ~o supply water to con:.urners residing th~ ii h(,in~ exp:esslv uudcrsi, ood and agreed that the supplying of said water b5' City of Norfolk shall be upon and subject to the following ~2rtns and condktiona 1. That the said water mains shall be installed Jn accorda~nc:e with the specificatio~s of the said City of Norfolk and to the satisfaction of the Directo: '~ ' ' of said Ci~.y, at no cost to the City of Norfolk. } tn)hc Works Z That the watt r so supplied throu,q'~ smd mains to consumers shall the same rate nov.,, or hereafter, ct~arged by the City of Norfolk to the lin2its of said GN;y similarly sxtua~ :d. 3. That all ordinances of the GJ. ty of NorfoIk and all rules and regulate<.: the Dhdsion of Water Supply of said City, now or her'eafter,adqpted and put relating to the furnishin- of water shall apply to the supply~.~ 6f water saNi proposed mains. 4. .That the sa4d G-ity of Norf0]k shall !~e under no d)Ngation to furnish xvater than ils d4stri!)utJou system as now laid, x, dth the pressure carr~ea, into said mains, and ~f the sa2d supply~g of water shall not be in accordance: standard service, the said C;ity of Norfolk shall not be held responsible in ar~'. 5. That 5n supplyi~g v:ater to consumers along the said proposed mai:'~,, City of Norfolk xvill supp].y the san~e oniT from its surplus supply, and that shall there be any ohli,~a~-ion on the wart of said City to s~pply water to ani: along the proposed mains at any time when, N~ the judgen2~,nt or the G~ty of N&rfolk, the said City shall not have sufficient supply for use within limits, or wl:c~-;e,.'er the suppJying of said water shall inl:erfere with the disc the dut~ of :a:.l ::~l~': to supply water to its own inhabitants. 6'. 7h:t f::eY~x'aud after the installation of the xva[er mains and hydran~:s s~ll b ec~,~:~e, th:': propert,/ of the City of V~rgin~a t~each. The City of Viro shall grant to the City of Norfolk the right to use ~uch mains and hydranls of watt-, and furtn.r ~rants ~o the City of Norfolk ready and reasonable ' ' 7. That for any fire hydrant ~nsta]]ed at the request of the City of Vi., ,-. a rental payment of Out t-Iundr'.:d Do]la. rs ($100. 00) a year for each hydrant to the City' of Norfolk. , A_DOPTEI);!3Y THN GOUNC;Ii~ of the City of Virginia Beach, day of 'Virginia APPROVND: On motion by CouncLl~.t,n Itolland seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Counci]nnen John A. B~um, Robert H. Cal!:is, Jr., Robert B. Cromwell, .Ir., Vice Mayor F. Reid Ervln, George R. Ferrell, Charles W. Gardner, Clarence A. lto].]and, D. blu'rray bIal. bon, J. Curtis Payne, and M~yor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council ]toted its intention to hold a closed ~neeting on Monday, August 21, 1.972, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. ITEM #4952 On ~notion by Councilman Holland, seconded by Councilman Ferrell, the meeting was adjourned. City of Virginia Beach, Virginia Donald Iq. RhOde'S, Mayor August 14, 1.972